I was watched by the Internet police during the live broadcast of law popularization?
Chapter 80 Everyone has to be the Defendant!
Chapter 80 Everyone has to be the Defendant!
"It's not that I want to send him in. If I want to plead not guilty, I can't ignore Liu Xiaohui's real problems."
Regarding his point of view, Li Chen had already made it clear to Qi Huai'an's family when he was waiting for him.
Just because it is an innocence defense ignores his real problems. Such a defense can only be an invalid defense, and it cannot convince the prosecutors of the local prosecutor's office and the judges of the trial court at all.
Li Chen looked at Qi Huai'an after hearing the words, "If you want to say that Liu Xiaohui was acting in self-defense, you have to add the overall incident, instead of just focusing on the words and deeds of the two people as the direction of the debate.
Why didn't Liu Xiaohui leave? According to the normal logic, his friend should take the initiative to leave for emergency avoidance after pulling him away. There is absolutely no need to stay there and bow his head to admit his mistakes. This is the direction of the first point of doubt.
The second point is that this kind of thing happened in the bar. What are the managers in the bar doing? Why didn't they come forward to stop it?
From the surveillance video, it has always been friends from both sides who are trying to fight. I have never seen any bar staff dissuade them. If they want to take care of it, there will be no follow-up problems, even if it is a bottle of water for each person or other things. Suppress this matter.
The third point, what is the reason why Yang Hao is so arrogant?
From the beginning of the provocation in the bar to the end, he has been deliberately provoking Liu Xiaohui. Have you considered and studied the issues involved? "
Would an ordinary person beat someone just because they looked at him?
Seeing Qi Huai'an's silence, Li Chen also understood that his defense was just the simplest behavioral defense, he just found loopholes based on the fight between the two sides, and then continued to enlarge the loopholes.
"What we are thinking about now is not how to defend Liu Xiaohui's innocence, but what the local prosecutor's office has missed in the case. We can enlarge these things."
"We want to look at this case from the perspective of the victim's family:
The issue of the bar, the friends of both parties, can be the defendant.
At the beginning, the friends of both sides were still fighting, but in the end they turned around and left. Could it be understood that they acquiesced in the conflict between Liu Xiaohui and Yang Hao? Could it be that they just let it go because they saw Yang Hao's displeasure?
At 20:43:17 of the video, when Liu Xiaohui and Yang Hao had a conflict, their first reaction completely violated the previous friend persona. Why did the two sides ignore it after they started fighting?
During the whole process, only one person's reaction was considered normal, that is, at 20:44:5, a man's reaction was considered normal, picking up the bottle and preparing to go forward to help. "
Hearing this, Qi Huai'an couldn't help but twitched the corner of his mouth slightly.
Good guy, are you a little too ruthless?Want to send everyone in...
"Your idea won't work in court."
Qi Huai'an shook his head and said: "In fact, the two parties in the conflict are Liu Xiaohui and Yang Hao, and they have fulfilled their due obligations, and they will not support them in the trial court."
"Then bring it up before the trial court begins."
Li Chen heard the words with a serious look: "If you find a problem with the local procuratorate, you should raise it in advance, so that the judge of the second instance can clearly understand that there is a very serious omission in pursuing accountability in this matter.
And this matter, the victim's family will definitely not have any complaints, because everyone should be guilty if they think about this issue from their position. "
He has a deep understanding of this...
From the moment of an avalanche, no snowflake is innocent...
And from the moment the victim died, everyone should be buried with him. This is the real thought of many families of the victim who made trouble for no reason.
And this matter, isn't it just a lawsuit that cuts off the beginning and ends?
Ignore Yang Hao's provocative and arrogant behavior, and only talk about Liu Xiaohui's intentional injury.
Since this is the case, let's expand the matter first, drag everyone into the water and become the defendant, and then sort out the problems of both parties.
If you really want to have such a plan, you can no longer defend this matter around the defense of innocence, but you need to use a different way of thinking to solve this problem. Liu Xiaohui can't stand the extreme behavior of the other party's words and deeds. Intentional injury crime.
After returning from the hotel to the hotel where he stayed, Li Chen began to work overtime to write a defense draft. His defense draft also revolved around the main reason of intentional injury as the general idea:
1. Yang Hao's behavior is the main factor that keeps increasing the conflict.
2. The direct cause of uncontrollable conflicts is that the friends of both parties let go.
3. The inaction of the bar is the real reason for the intensified conflict.
The next day.
09: 30.
The reception room of the Higher People's Court.
Li Minjie looked at the defense draft in her hand and fell into deep thought.
As a judge, this is the first time she has seen such defense opinions of the defendant.
She even had some doubts about whether this elementary school boy from Kyoto Political Science and Law was an undercover agent of the District Prosecutor's Office.
Otherwise, why would you convict your own defender?
"I don't understand your defense."
After being silent for a while, Li Wenjie raised her head and asked Li Chen, "Why did you write your defense opinion like this?"
"That's right, Judge Lee."
Hearing the other party's question, Li Chen began to tell his main purpose: "After reviewing the papers yesterday, I also found out the real reason of the defendant Liu Xiaohui. The fact of death.
And the formation of a case is not only one-sided, it contains many factors.
I don't have any opinion on the prosecution of Liu Xiaohui by the District Prosecutor's Office for the crime of intentional injury, but I don't agree with the fact that there is only one prosecutor in the District Prosecutor's Office. The problem here is very serious.
First of all, the first question is about the witnesses and friends of both parties. I think their behavior in the video is also intentional murder, or the design conflict caused the murder.
There are two reasons:
First, the before and after behavior in the video.
Before the conflict broke out before the incident, both sides were dissuading, but when the conflict really broke out, people on both sides ignored the conflict between Liu Xiaohui and Yang Hao. From the video, we can see the obvious contrast between the behavior before and after, as if they were Borrowing a knife to kill someone.
Second, the impact on Liu Xiaohui.
As Liu Xiaohui's friend, he was left alone to face the domineering Yang Hao. Perhaps it was under the influence of such conditions that Liu Xiaohui had great fear and forced him to take the initiative to beat him.
Similarly, the nature of Yang Hao's friend is also the same, but his behavior is laissez-faire.
The second point: the responsibility of the bar.
Both parties belong to the guests to consume in the bar, then the owner and waiter of the bar have the obligation and responsibility to prevent the conflict.
In the face of this sudden situation, no bar staff were seen in the video from the beginning to the end, and they bear the inescapable responsibility for the management of this criminal case.
If they stepped forward to dissuade them before the conflict broke out, then nothing later would happen, and what the owner of the bar did was to call the police on the death of the victim after the conflict broke out. As an entertainment venue, this problem is very serious .
Finally, the District Prosecutor's Office did not hold the bar and their friends accountable when prosecuting. This behavior is unfair to the case, and also unfair to the defendant and the victim.
Because it can be seen from the case that both parties are irrational, while their friends are sane.
From the perspective of the overall factors of the case, they can and should be defendants. "
Minjie Lee: ...
(End of this chapter)
"It's not that I want to send him in. If I want to plead not guilty, I can't ignore Liu Xiaohui's real problems."
Regarding his point of view, Li Chen had already made it clear to Qi Huai'an's family when he was waiting for him.
Just because it is an innocence defense ignores his real problems. Such a defense can only be an invalid defense, and it cannot convince the prosecutors of the local prosecutor's office and the judges of the trial court at all.
Li Chen looked at Qi Huai'an after hearing the words, "If you want to say that Liu Xiaohui was acting in self-defense, you have to add the overall incident, instead of just focusing on the words and deeds of the two people as the direction of the debate.
Why didn't Liu Xiaohui leave? According to the normal logic, his friend should take the initiative to leave for emergency avoidance after pulling him away. There is absolutely no need to stay there and bow his head to admit his mistakes. This is the direction of the first point of doubt.
The second point is that this kind of thing happened in the bar. What are the managers in the bar doing? Why didn't they come forward to stop it?
From the surveillance video, it has always been friends from both sides who are trying to fight. I have never seen any bar staff dissuade them. If they want to take care of it, there will be no follow-up problems, even if it is a bottle of water for each person or other things. Suppress this matter.
The third point, what is the reason why Yang Hao is so arrogant?
From the beginning of the provocation in the bar to the end, he has been deliberately provoking Liu Xiaohui. Have you considered and studied the issues involved? "
Would an ordinary person beat someone just because they looked at him?
Seeing Qi Huai'an's silence, Li Chen also understood that his defense was just the simplest behavioral defense, he just found loopholes based on the fight between the two sides, and then continued to enlarge the loopholes.
"What we are thinking about now is not how to defend Liu Xiaohui's innocence, but what the local prosecutor's office has missed in the case. We can enlarge these things."
"We want to look at this case from the perspective of the victim's family:
The issue of the bar, the friends of both parties, can be the defendant.
At the beginning, the friends of both sides were still fighting, but in the end they turned around and left. Could it be understood that they acquiesced in the conflict between Liu Xiaohui and Yang Hao? Could it be that they just let it go because they saw Yang Hao's displeasure?
At 20:43:17 of the video, when Liu Xiaohui and Yang Hao had a conflict, their first reaction completely violated the previous friend persona. Why did the two sides ignore it after they started fighting?
During the whole process, only one person's reaction was considered normal, that is, at 20:44:5, a man's reaction was considered normal, picking up the bottle and preparing to go forward to help. "
Hearing this, Qi Huai'an couldn't help but twitched the corner of his mouth slightly.
Good guy, are you a little too ruthless?Want to send everyone in...
"Your idea won't work in court."
Qi Huai'an shook his head and said: "In fact, the two parties in the conflict are Liu Xiaohui and Yang Hao, and they have fulfilled their due obligations, and they will not support them in the trial court."
"Then bring it up before the trial court begins."
Li Chen heard the words with a serious look: "If you find a problem with the local procuratorate, you should raise it in advance, so that the judge of the second instance can clearly understand that there is a very serious omission in pursuing accountability in this matter.
And this matter, the victim's family will definitely not have any complaints, because everyone should be guilty if they think about this issue from their position. "
He has a deep understanding of this...
From the moment of an avalanche, no snowflake is innocent...
And from the moment the victim died, everyone should be buried with him. This is the real thought of many families of the victim who made trouble for no reason.
And this matter, isn't it just a lawsuit that cuts off the beginning and ends?
Ignore Yang Hao's provocative and arrogant behavior, and only talk about Liu Xiaohui's intentional injury.
Since this is the case, let's expand the matter first, drag everyone into the water and become the defendant, and then sort out the problems of both parties.
If you really want to have such a plan, you can no longer defend this matter around the defense of innocence, but you need to use a different way of thinking to solve this problem. Liu Xiaohui can't stand the extreme behavior of the other party's words and deeds. Intentional injury crime.
After returning from the hotel to the hotel where he stayed, Li Chen began to work overtime to write a defense draft. His defense draft also revolved around the main reason of intentional injury as the general idea:
1. Yang Hao's behavior is the main factor that keeps increasing the conflict.
2. The direct cause of uncontrollable conflicts is that the friends of both parties let go.
3. The inaction of the bar is the real reason for the intensified conflict.
The next day.
09: 30.
The reception room of the Higher People's Court.
Li Minjie looked at the defense draft in her hand and fell into deep thought.
As a judge, this is the first time she has seen such defense opinions of the defendant.
She even had some doubts about whether this elementary school boy from Kyoto Political Science and Law was an undercover agent of the District Prosecutor's Office.
Otherwise, why would you convict your own defender?
"I don't understand your defense."
After being silent for a while, Li Wenjie raised her head and asked Li Chen, "Why did you write your defense opinion like this?"
"That's right, Judge Lee."
Hearing the other party's question, Li Chen began to tell his main purpose: "After reviewing the papers yesterday, I also found out the real reason of the defendant Liu Xiaohui. The fact of death.
And the formation of a case is not only one-sided, it contains many factors.
I don't have any opinion on the prosecution of Liu Xiaohui by the District Prosecutor's Office for the crime of intentional injury, but I don't agree with the fact that there is only one prosecutor in the District Prosecutor's Office. The problem here is very serious.
First of all, the first question is about the witnesses and friends of both parties. I think their behavior in the video is also intentional murder, or the design conflict caused the murder.
There are two reasons:
First, the before and after behavior in the video.
Before the conflict broke out before the incident, both sides were dissuading, but when the conflict really broke out, people on both sides ignored the conflict between Liu Xiaohui and Yang Hao. From the video, we can see the obvious contrast between the behavior before and after, as if they were Borrowing a knife to kill someone.
Second, the impact on Liu Xiaohui.
As Liu Xiaohui's friend, he was left alone to face the domineering Yang Hao. Perhaps it was under the influence of such conditions that Liu Xiaohui had great fear and forced him to take the initiative to beat him.
Similarly, the nature of Yang Hao's friend is also the same, but his behavior is laissez-faire.
The second point: the responsibility of the bar.
Both parties belong to the guests to consume in the bar, then the owner and waiter of the bar have the obligation and responsibility to prevent the conflict.
In the face of this sudden situation, no bar staff were seen in the video from the beginning to the end, and they bear the inescapable responsibility for the management of this criminal case.
If they stepped forward to dissuade them before the conflict broke out, then nothing later would happen, and what the owner of the bar did was to call the police on the death of the victim after the conflict broke out. As an entertainment venue, this problem is very serious .
Finally, the District Prosecutor's Office did not hold the bar and their friends accountable when prosecuting. This behavior is unfair to the case, and also unfair to the defendant and the victim.
Because it can be seen from the case that both parties are irrational, while their friends are sane.
From the perspective of the overall factors of the case, they can and should be defendants. "
Minjie Lee: ...
(End of this chapter)
You'll Also Like
-
Pokémon: I start as a civilian and awaken the system
Chapter 401 16 hours ago -
Is the mecha just a limiter? Myo-lock, open!
Chapter 213 16 hours ago -
Honghuang: People in Jiejiao, picking up entries to prove Hunyuan
Chapter 267 16 hours ago -
Elf Entry: Starting from the Cultivator
Chapter 120 16 hours ago -
After binding with the rich school beauty, I became a martial god by lying flat
Chapter 168 16 hours ago -
One person controls one prison. After entering the world, I am invincible.
Chapter 2568 1 days ago -
I stack buffs in a weird world!
Chapter 622 1 days ago -
You, a druid, go to practice Taoism?
Chapter 206 2 days ago -
The magician of the fairy tale world
Chapter 183 2 days ago -
What if I become a beast?
Chapter 567 2 days ago