I was watched by the Internet police during the live broadcast of law popularization?

Chapter 81 About How I Became the Defendant...

Li Chen's purpose was not to spread the crime equally, but to reflect the situation at the time through such things.

Why did Liu Xiaohui's friends have two faces before and after the conflict happened? Why did Liu Xiaohui keep bowing his head and admitting his mistakes instead of leaving? Did he really have a plan to prove that he was in self-defense?

Why didn't the managers in the bar come forward to stop it?
Taken together, all the sources converged on Yang Hao.

Is it because of the other party's background?
Very likely, otherwise their behavior would not be so contradictory, and Yang Hao would not dare to be so arrogant.

As for what exactly Yang Hao was clamoring for, only the parties involved in the conflict knew.

Of course, it doesn't rule out the possibility that Liu Xiaohui is scheming and deliberately subdued in order to prove to others that he is a legitimate defense.

But judging from the opponent's initial behavior, he doesn't have that kind of city at all, he is more like a stunned young man, otherwise he wouldn't just pick up the wine bottle after being smashed and try to solo with him.

Therefore, the main cause of the problem is Yang Hao or Yang Hao's friends.

Only when it proves that Liu Xiaohui was forced to fight back under a serious threat or an environment of extreme panic can he be a legitimate self-defense.

This has to mention the laws of this world:

Joint and several liability.

If you don't want to drag them, you can live in peace. If you really want to drag them, no one can escape...

Because they are all an important part of the case, and it has been proved that they can completely stop this murder that should not have happened.

Isn't it tantamount to indulgence if you have the ability to stop it but don't stop it?
"The real purpose of your defense is not to convict them all, is it?"

After listening to Li Chen's words, Li Wenjie, who was silent for a while, also saw clearly the real purpose of his question.

The second trial is different from the first trial.

If the first trial is a vague conviction, then the second trial is to dig out the details, and all issues must not be let go, including the charges.

This is also the reason why Li Minjie preliminarily determined that she was too defensive.

Because looking at the case as a whole, Yang Hao's behavior did indeed pose a threat to Liu Xiaohui, but Liu Xiaohui's retaliation method obviously exceeded the speed of defense, resulting in the death of the victim.

"Aren't they part of the case?"

Regarding the judge's question, Li Chen naturally would not honestly explain his real purpose.

You can see that it is wrong, that is the fairness of the case, I told you, this is called induction.

"I know your defense draft."

Seeing that Li Chen was unwilling to speak, Li Wenjie did not continue to ask.

As a judge, you must also pay attention to the submission of the defendant's defense lawyer.

This seems to be a fallacious reasoning, and she has no way to refute it.

Because strictly speaking, things are just as he said, and these people are more or less jointly responsible.

The most serious thing is the bar. His joint liability is greater than that of their friends, and he should bear the tort liability.

Article 190 of the "Civil Code" stipulates that the operators and managers of public places such as hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and public places, or organizers of mass activities, fail to ensure safety If it causes damage to others, it shall bear the tort liability.If the actions of a third party cause damage to others, the third party shall bear the tort liability; if the operator, manager or organizer fails to fulfill the obligation of safety protection, it shall bear the corresponding supplementary liability.After the operator, manager or organizer assumes supplementary liability, they may seek compensation from the third party.

Therefore, the responsibility of the bar is basically inescapable.

Then, as one of the important places of the case, the District Prosecutor's Office did not mention it but was brought up by others, so she had to sort out the case as a second-instance judge.

"Ugh…"

Seeing the back of Li Chen leaving, Li Wenjie sighed helplessly: "It seems that I have to work overtime again tonight."

Pushing away the chair, he stood up, walked out of the conference room to other offices, and called the other two members of the collegial panel who were in charge of the case to reorganize the case.

Two days later, the higher court ordered the intermediate court to retry the case because the grounds for prosecution were insufficient and the case was incomplete.

This is the most appropriate way, otherwise it would not be as simple as dismissing it if it was said in court...

City A Intermediate Court.

The judge in charge of the trial, Wu Lei, was stunned when he received the rejection letter from the high court, and even more stunned when he saw the returned content.

What is an incomplete case?

The case of Liu Xiaohui and Yang Hao was originally a whole.

There is no doubt that Liu Xiaohui beat people first, intentionally hurting Yang Hao and causing Yang Hao's death, but when it comes to the composition of the case, other people do have their own responsibilities.

Ever since, Wu Lei, who held the same opinion, returned it to the District Prosecutor's Office for the same reason.

District Attorney's Office.

The prosecutor in charge of the prosecution was also confused when he saw that the case was returned, so he returned the case to the Wuxie Bureau with the same purpose, and asked them to continue to conduct supplementary investigations around the above people.

Martial Arts Association Bureau.

Unlike the local procuratorate and judges, the police handling the case of the Wushu Association's department looked angry when they received the case and returned it.

It's been more than a year, how do you let us continue to investigate?

Besides, wouldn't it be enough to arrest the perpetrator alone...

Angry is angry, what should be done still has to be done.

That night, the Wuxie Bureau "invited" the key personnel involved in the case to the Wuxie Bureau again.

The difference from a year ago is that this time they are all defendants...

"Jiang Qingxiang, do you still remember the intentional injury case in [-]?"

"What intentional injury case?"

It has been a year since the incident, and Jiang Qingxiang has long forgotten what happened.

After all, as the owner of a bar, he was extremely busy all day, so how could he remember the problem from a year ago.

"A year ago, on June 13, [-], two people got into a fight in your bar. One of them was stabbed several times by a wine bottle and died of hemorrhagic shock outside the bar. It was you who called the police."

"I think about it~"

Hearing about this case, Jiang Qingxiang recalled for a moment.

"Oh, you mean Yang Hao, right?"

"Yes."

The Wuxie police nodded upon hearing this.

Jiang Qingxiang looked at the two policemen interrogating him with some doubts: "Didn't you arrest the perpetrators? Why are you looking for me again?"

When the case-handling staff of the Martial Arts Association who inquired heard the other party asking him back, he replied with a serious face: "Of course I have something to do with you."

"As shown in the surveillance video at the time of the incident, why didn't people stop your bar when the conflict was still escalating?"

"stop?"

Jiang Qingxiang looked puzzled after hearing the words: "At that time, we thought that the other party had drunk too much, and we didn't expect that they would suddenly fight."

"I don't know if I won't watch it, the situation at the scene has become like that, if you stop it in time, won't the following things not happen?
As the owner of the bar, you did not guarantee the safety of consumption and did not come forward to stop it, which led to intensified conflicts between the two parties. In the end, the victim Yang Hao was stabbed by another consumer with a wine bottle and died of hemorrhagic shock. You bear the main management responsibility. "

"I'm also responsible?"

Jiang Qingxiang was dumbfounded when he heard the words.

If I open a bar and others fight, I don't care if I am still responsible?

"Of course, according to the Civil Code . . . "

Jiang Qingxiang was dumbfounded when he heard the words.

One of the two of them fights because they can't bear it, and the other fights because they deserve to die. What's the matter with me?

(End of this chapter)