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

Chapter 88 Threat Theory and Self-Defense, Mock Trial Before Trial

Leaving the court, Qi Huai'an was in a depressed mood.

The reason why he chose to submit his defense draft after Li Chen was because he was afraid of being implicated.

Because he believes that Li Chen's defense is just a deductive conclusion.

A guess made from the behavior of the other party and the behavior of the people around him will not be recognized by the judge, or he will curse and doubt his true level.

But he forgot that many things are a process from reasoning to result.

Yang Hao made threatening actions and words, and everyone around him felt the threat, so do you think he is threatening again?

"Ugh…"

Qi Huaian sighed helplessly.

I have been a criminal lawyer for more than 20 years, and once again the judge doubted my professional level, which gave me some headaches.

really…

People cannot be compared with each other. The attitude of the judge last time was not like this...

Drive back to the hotel, park the car in the parking space at the entrance of the hotel, get off and enter the hotel.

Take the elevator to the third floor, and when you reach the door of Li Chen's room, you stop and knock on the door.

"dong dong dong~"

Li Chen was lying on the bed and was chatting with the boss, when he heard the knock on the door, he put down his phone, went to the door and opened the door.

"Lawyer Li, at 09:30 tomorrow morning, the trial court will hold a pre-court meeting and conduct a mock trial in court. Judge Wu asked me to convey it to you."

Li Chen nodded upon hearing the words: "Understood."

"Well, then you should be busy first."

After speaking, Qi Huai'an turned his head and walked to his room, took out his key card and opened the door, Li Chen also closed the door, lay down on the bed and picked up his phone.

The person opposite is a big boss, and Li Chen also met under the recommendation of his teacher.

As the best student of Kyoto University of Political Science and Law, he must have more resources than ordinary people.

And Li Chen also shared his case with the big guy with the behavior of Zhang San and Li Si.

"The case you mentioned is just a hypothetical argument. In fact, although Li Si has threats, he has no actual means to Zhang San."

"If a person intends to commit a crime and everyone feels that he is going to commit a crime, is he a criminal?"

Upon seeing this, Li Chen also began to make his own reply:

"Li Si's threat to Zhang San does exist, there is no doubt about that, right?"

"Threats are not equal to facts, and he also has more reasonable means of avoiding danger, doesn't he?"

"In the case you mentioned, although Zhang San was acting in self-defense, his defense methods obviously exceeded the limit of self-defense."

"Just because he feels that someone else is going to kill him, he should take the first step and kill the opponent. This does not meet the legal definition."

"Justifiable defense is a measure to protect one's legitimate rights and interests from being violated, and it must proceed from reality."

"In terms of behavior, Li Si threatened Zhang San. In fact, Li Si was in the stage of preparing to commit a crime against Zhang San, but he did not carry it out. It is impossible for the court to agree."

"The definition of law must be adapted according to the people's groups. This is the evolution process of legitimate defense."

"The threat theory you mentioned, once recognized, will have a huge impact."

"If someone uses this method to carry out self-defense in the future, what should we do? Is it acquittal or intentional injury?"

Li Chen nodded in agreement when he saw this.

This is the most critical point of the problem.

It cannot be ruled out that some people will take advantage of loopholes in the law.

After thinking briefly for a moment, Li Chen also started his own reply:
"You're right, but don't you have to think about everything when something happens?"

"As for this case, in fact, Zhang San and Li Si did not know each other. Li Si also provoked Zhang San first, but Zhang San fought back but was stopped by the other party, and Li Si then took threats and other remarks to attack him. It angered Zhang San and forced him to fight back, and Zhang San apologized with a smile many times, but Li Si ignored it and continued to provoke."

"The role of the law itself is to protect natural persons, and the behavior of the third party itself is uncontrollable. Who can guarantee whether he really wants to kill the other party?"

"The law is a red line. How can we talk to a person who doesn't abide by the law and ignores and provokes the law?"

"Factually speaking, if Li Si didn't want to kill Zhang San, why did he keep provoking him?"

"There is an old saying: There are only three things, and Li Si did up to six times. If he didn't have a certain purpose, how could he continue to provoke?"

"This is the impact of Li Si's purpose. If Li Si did not threaten him at the beginning, then Zhang San's behavior towards him was intentional harm. It is also because Li Si's purpose is to kill the other party. Three will use violent means to preemptively stop the other party from continuing to infringe."

"Then counterattack with such a purpose, how can you be too defensive?"

"You can send me the first-instance judgment directly. I always feel that he is anti-killing just by hearing you say it."

Seeing this, Li Chen smiled and started typing: "Received." Then he sent the judgment copy to the other party.

"You can find the verdict directly on the trial website."

"I think this case can also be used as an idea to promote legitimate defense. After all, didn't your Ministry of Justice come out and speak out a while ago (smile)"

"I'll read it first."

"Then you can get busy first, I'll go to bed first."

Seeing this, Li Chen put his mobile phone on the bedside table, ready to wash up and go to sleep.

The next day.

08:30 minutes.

The alarm clock rang, Li Chen woke up from his sleep, got up and took a shower.

After packing up, I took my defense draft and was ready to go.

Go out of the room and knock on the door opposite.

"Dong dong dong."

The door of the room was opened, and Qi Huai'an walked out of the room with his belongings: "Let's go."

Then the door was closed, and the two of them took the elevator together to go downstairs.

The pre-trial conference is an organizational procedure before the trial, and this time the pre-trial mock conference.

To put it bluntly, it is a kind of organizational rehearsal to prevent unexpected appearances during the trial.

And this mock meeting mainly revolved around Li Chen's defense draft, which was his formal confrontation with the prosecutor.

Some things, after the pre-court simulation is completed, there will be no emergencies in the real court trial...

In the normal pre-trial meeting, there will be no talk about the defense, but the reason for the defense this time is mainly because Wu Lei is afraid that the prosecutor will not be able to answer, or that some inexplicable words will cause adverse effects.

After all, Li Chen's defense draft was full of pitfalls except for the basic questions, and he was also afraid that he would not be able to come to the stage.

At [-]:[-], Li Chen and Qi Huai'an entered the courtroom to wait.

At [-]:[-], Prosecutor Sun came to the courtroom with his prosecution materials.

At this time, he still had a smile on his face, completely unaware of what kind of situation he was going to face next...

　In order to enhance the coolness, such a thing will not follow the normal logic...

　　
　
(End of this chapter)