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Chapter 89 The Threat Theory You Admit, Then He Is The Threat Theory!
At 28:[-], Judge Wu Lei entered the courtroom together with a collegial panel composed of two other judges.

When Prosecutor Sun saw him walk into the courtroom, he put away his smile and looked at the judge together with Li Chen and Qi Huai'an.

Sitting in the presiding judge's position, Wu Lei glanced at the positions of both parties and said: "I called you here today to hold a pre-trial mock meeting, mainly to conduct a mock trial around the content of the defenses of both parties, and skip the basic procedures. Go straight to the defense session."

Wu Lei took Li Chen's defense draft and looked in the direction of the two of them: "To save time, you should stop talking about it, Lawyer Qi, and just state your defense opinion directly, Lawyer Li."

Hearing this, Qi Huai'an couldn't help but twitched the corner of his mouth slightly.

Then I go?
Li Chen nodded when he heard the words: "Okay." Then he turned his gaze to the prosecutor: "I mainly have four defenses for this incident.

First, Yang Hao's behavior.

In the bar, Yang Hao first provoked Liu Xiaohui deliberately by throwing an ashtray at Liu Xiaohui, and then because Liu Xiaohui was about to fight back, he thought it was another provocation to himself, so he increased his provocation against Liu Xiaohui, and threatened others with a bottle of wine to stop Nosy, its own threats seriously threatened other people who wanted to stop the conflict and Liu Xiaohui himself.

Second, Liu Xiaohui's counterattack.

The first retaliation did not meet the judicial definition of self-defense, and Liu Xiaohui was dissuaded by his friends. After the wine bottle was taken down, he tried to resolve the conflict by apologizing and admitting his mistakes, but Yang Hao kept threatening and provoking him with words. The counterattack is a legitimate self-defense.

But judging from the opponent's purpose and aggressive means, his defensive measures were not inappropriate or out of bounds, because Yang Hao's purpose was to carry out the infringement with the attitude of killing Liu Xiaohui. "

"How did you determine that Yang Hao planned to kill Liu Xiaohui?"

Hearing this, Prosecutor Sun couldn't help but speak up: "Because from the facts, although Yang Hao threatened, he didn't actually do anything, and he didn't take the initiative to attack.

According to the comprehensive judgment of the surveillance video and other people's reactions, although Yang Hao made a mistake first, his subsequent actions were also caused by Liu Xiaohui's inappropriate actions. "

Li Chen didn't answer when he heard the words, and looked at the judge with doubts.

Did you leave without following the normal debate procedure?
"Mock defense before court, free defense."

Li Chen nodded upon hearing the words: "Okay, judge."

Looking at the inspector, he pushed his glasses and put down the defense draft in his hand, and then said: "A matter has a process from the cause to the result.

The main reason for this case is that Yang Hao was the one who provoked Liu Xiaohui first, and he was at fault.

As for Liu Xiaohui's counterattack, we can also infer that he drank too much wine, or that the young man was very angry, but wasn't he stopped in the end? "

"Stopping his behavior doesn't mean eliminating his influence."

Prosecutor Sun took up the conversation again: "Because Yang Hao thought that Liu Xiaohui was provoking him from the very beginning, that's why he took the next move."

"Then you mean that Liu Xiaohui is also at fault because of his counterattack?"

Upon hearing this, Li Chen looked at Prosecutor Sun with a serious face and said, "Facing the arrogant Yang Hao's behavior, he should have apologized at that time, right?"

"I didn't say that Liu Xiaohui was at fault, but I just explained the whole case.

In fact, it was precisely because of Liu Xiaohui's subconscious actions that in Yang Hao's eyes he continued to provoke, so the subsequent things happened, right? "

Prosecutor Sun looked at Li Chen: "We never said that Liu Xiaohui's actions were not self-defense, but because his defense methods exceeded a certain amount.

And your argument doesn't really exist. "

"Why doesn't it exist anymore?"

Li Chen said, "From a subjective point of view, Yang Hao's behavior does pose a threat to Liu Xiaohui, and he has always wanted to avoid the threat. Objectively speaking, Yang Hao's behavior is also a threat.

Regarding this, we can also see it from other people, can't we?

You can't deny the existing facts just because Yang Hao didn't implement it? "

"I will not deny the facts you said, but in the overall case, from the outbreak to the end, Liu Xiaohui has always been the active party, and the other party has no power to fight back. That is to say, under this situation, Liu Xiaohui stabbed Yang Hao with a beer bottle. The fact that caused the opponent’s death from hemorrhagic shock, then his behavior is an excessive defensive intentional injury.”

"Isn't Liu Xiaohui doing this because the other party's words and deeds have threatened his personal safety?"

Li Chen looked at the inspector and said with an excuse: "If the other party didn't open his mouth and shut his mouth and wanted to kill Liu Xiaohui, then his reaction was that he was too defensive, and he wanted to kill Yang Hao through the so-called legitimate defense.

So it is not an exaggeration to characterize his behavior as murder, but what is the truth?
Yang Hao made provocative words and used threatening words to restrict Liu Xiaohui's freedom, so that the real fault of the whole incident was reversed.

Liu Xiaohui, who was not at fault himself, had no choice but to apologize and beg to be let go in order to ensure his own safety.

Faced with such a situation, his retaliation was very clear from the very beginning, and Yang Hao did not retaliate against Liu Xiaohui's behavior, which aggravated Liu Xiaohui's inner fear, and thus made the gesture of stabbing him. "

"The behavior and purpose you mentioned is just a hypothetical definition and cannot be used as the main basis for what happened in reality."

"We can't rely on our personal imagination to judge whether a person is threatening."

"What I'm talking about is not a hypothesis, it actually exists in the case, and it is an inductive judgment basis for other natural persons to pass the customs."

Li Chen continued to take up the conversation: "From the comprehensive reaction of the owner of the bar to the friends of both parties, the fact that the other party is dangerous can be determined. If this is not the case, why did Liu Xiaohui's friend back away when Yang Hao raised the bottle?" Dare to control?
If my assumptions aren't true, then everything from friends on both sides to bar owners should be accomplices.

The most basic one is that before the conflict broke out, both sides had obvious actions to stop the conflict, but after the conflict broke out, they just sat on the sidelines and ignored it. Strictly speaking, the conflict between Liu Xiaohui and Yang Hao is also the result of the conflict between them. The default result.

The owner of the bar, who did not come forward to stop the conflict after the incident, was mainly responsible for management, and did not take rescue measures after the incident, which is inseparable from Yang Hao's death from hemorrhagic shock.

Please note that the real cause of Yang Hao's death was hemorrhagic shock rather than direct death. After the incident, Liu Xiaohui, his friends and the owner of the bar were all in a calm state, no different from seeing death without help . "

Li Chen stared at the prosecutor and said, "As for the responsibilities of other people, didn't your local prosecutor's office also have a clear division, and also recognized Yang Hao's threat?

Otherwise, why not sue together, but take different measures?

The owner of the bar only gave a security penalty, and the others were also witnesses in the case.

If there is no threat theory, why should they sit on the witness stand? "

Upon hearing this, Prosecutor Sun looked at Judge Wu Lei on the trial bench and sent out a signal for help.

Upon seeing this, Wu Lei immediately lowered his head and looked at the evidence next to him to respond.

Ok……

That's exactly what happened...

　Let’s end the case here, don’t write any further, let’s forget about the end of the next chapter.
　　
　
(End of this chapter)