If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 11 Did I kill him?Like killing!

The discussion on the barrage was very intense, but Zhang Ziyu did not express his opinions as usual.

From the moment Ren Zhen said that Wen Xuan was not acting in legitimate defense against intentional harm, she fell into thinking.

Coupled with the questions Ren Zhen asked Wen Xuan to answer now, Zhang Ziyu felt that she had grasped something.

Is it.
An idea flashed through Zhang Ziyu's mind, and she suddenly became excited.

"After Zhang Wenhai said these words, you pushed him away and ran to the living room, right?"

Ren Zhen asked.

Wen Xuan nodded: "Originally, I wanted to run out of the door, but he grabbed me in the living room.

He slapped me again, pushed me onto the couch, and started tearing my clothes off.

I was also in a panic and saw a fruit knife there.

I just wanted to pick it up and scare him.I don’t know how.”

Wen Xuan's voice gradually became lower.

"Okay."

Ren Zhen finished his question and turned to the judges sitting above:
"I will now set out the specific grounds on which I challenge the indictment.

From the defendant's statement just now, we can know that after the victim had the first quarrel with him, the defendant wanted to leave there.

It was Zhang Wenhai who stopped her in the living room and started the next step of violating her. "

Having said this, Ren Zhen looked at Huang Jing opposite:

"Judging from the facts found in the indictment, the prosecutor obviously focused on Zhang Wenhai's two slaps, using this to determine that the two had a dispute, and then determined that the fight between them was a mutual assault, which ultimately led to tragedy.

But the fact is that they were not simply arguing, let alone fighting each other.

It is the defendant in this case who is desperately resisting the illegal infringement.

And it was twice! "

Ren Zhen's voice fell in vain, and everyone who heard it felt as if a drum was being beaten heavily in their hearts.

Yes, Wen Xuan obviously wants to leave.

It was Zhang Wenhai who refused to let Wen Xuan go and resorted to violent measures.

In such a situation, is it not possible to defend yourself legitimately?
Not all those watching the trial were professionals, and not everyone could accurately understand the meaning of the words "self-defense."

But now this question appears in everyone's mind.

If it were me, what would I do?
There was a brief silence in the courtroom.

This was a gap left intentionally by Ren Zhen.

As an experienced lawyer, Ren Zhen knows that expressing opinions in court also requires mastering the rhythm.

The same point of view expressed in different tones, speeds and even different emotions will give people completely different feelings.

Clarifying the basic facts and clarifying the corresponding legal provisions are necessary, but not the only ones.

A good lawyer must also know how to mobilize the emotions of the audience to make his defense more powerful!
Otherwise, everyone can just write down their opinions and what they want to say on A4 paper and submit it to the judge.

Why sit here and bother yourself?
At this time, Huang Jing's hands were crossed and his brain was running rapidly.

Although it was not inappropriate to determine that the fight between Wen Xuan and Zhang Wenhai was a mutual beating before, Ren Zhen now divided the day of the crime into two places: the bedroom and the living room, which proposed a new idea.

Although it is still unclear what Ren Zhen's purpose is, Huang Jing has already begun to think about how to deal with it.

Zhang Lixia, who was sitting on it, was also thoughtful.

It really is!
Hearing what Ren Zhen said "twice", Zhang Ziyu slapped her thigh and almost jumped in front of the camera.

Immediately he realized that the live broadcast was still going on, and he quickly tidied up his appearance.

As a cold, professional and beautiful lawyer, you must maintain your personality!
But her heart was beating like a thump, and she couldn't help but admire in her heart.

She probably already guessed what Ren Zhen would say next.

Maybe this is really the point?
If this is really the case, this lawyer Ren is really bold!
In the prosecution dock, Huang Jing was about to stand up and say something after thinking briefly.

Ren Zhen didn't give him this chance, and his voice suddenly rose several times:

“Of course, although there are objections to the indictment, the defender does not want to exonerate the defendant without any basis.

First, let’s look at the constituent elements of intentional homicide.I admit that the defendant Wen Xuan objectively did commit murder and indeed caused the death of the victim.

But we know that in order to determine whether a person is guilty from a legal perspective, it is not enough to simply have objective facts.The subjective aspects of the criminal suspect must also be taken into consideration. Only a combination of the two can ultimately determine whether the criminal suspect is guilty.

From a subjective point of view, combined with the existing evidence, Wen Xuan's first reaction after leaving the bedroom was to leave the house. It was Zhang Wenhai who held her back and prevented her from leaving, and that is why everything that happened next happened.

It must be clear enough as to the reasons for the behavior that caused the death of the victim.

If it is still necessary to conclude that Wen Xuan had a subjective intention to kill intentionally, it would be difficult for me to be convinced, and I believe that is the case for anyone who hears this.

So if the defendant has no subjective intention to kill intentionally, how can it be determined based on this that the defendant is suspected of intentional homicide? "

While talking, Ren Zhen was also paying attention to other people's reactions.

Huang Jing's face looked solemn at this time, and he was obviously trying to find loopholes in his words.

Instead of whispering before, everyone in the auditorium looked serious, and some nodded from time to time.

Apparently many people have begun to be convinced by Ren Zhen.

Wen Xuan in the dock was trembling all over.

Of course, the most important thing is the three judges in the trial court.

Zhang Lixia, who was presiding over the case, did not have the same expression as Huang Jing, but was looking at something seriously.

"Wait a minute! I have a problem!"

"Don't panic, let me ask first! Why did the prosecutor just say that Wen Xuan was not acting in self-defense? Why did he backtrack on these words before?"

"And it seems to make sense?"

"From the expression on the prosecutor's face, it seems that this is indeed what happened."

"What does this lawyer say, both objectively and subjectively? Can you speak in human terms?"

"I don't understand either, but in that situation, I think everyone would fight back, right?"

"Return a hand, return a hand, isn't killing someone a bit too much?"

"Haha, if it were me, I'd love to poke a sieve into that scumbag!"

After recovering from Ren Zhen's speech, Zhang Ziyu realized that the barrage in the live broadcast room had gone through an unknown number of pages.

After browsing quickly, Zhang Ziyu organized his thoughts and then slowly spoke:
“Lawyer Ren Zhen’s perspective is really bold!

Whether it was the previous first trial or the accusations in the public prosecutor's indictment just now, it was Wen Xuan's act of killing Zhang Wenhai, and very legitimate reasons were given to prove that Wen Xuan's behavior did not constitute legitimate defense.

Perhaps it was because the facts of Wen Xuan's murder in this case were too clear, and she directly confessed her crime, so the first-instance lawyer gave up this direction immediately after the finding of self-defense was denied.

Everything that happened next was so logical, so everyone ignored that there might be another possibility for Wen Xuan's counterattack against Zhang Wenhai. "

Zhang Ziyu also explained to the audience while slowly clarifying his thoughts.

However, Ren Zhen has not mentioned this possibility yet, and she does not dare to say it so rashly.

Wouldn't it be embarrassing if I said it wrong?

So she turned to explain other things: "As for the objectivity and subjectivity mentioned just now, under our country's current system, if you want to determine that a person has committed a crime, you must not only have specific harmful behaviors, but also consider whether the person is subjective There was criminal intent.”

"It's like I accidentally hit a branch on the top of the mountain, and the branch hit a small stone, and the small stone hit a big stone, and finally killed a person at the bottom of the mountain."

"At this time, my behavior did cause the death of a person, but can you convict me of intentional homicide because of this? Obviously not."

"To put it simply, I killed him, but I didn't want to kill him. You can't blame me!"

"In fact, I killed him, but legally speaking, I may not have killed him. I would like to call it - killing!"

Speaking of this, Zhang Ziyu couldn't help but sigh.

This logic seems not difficult to analyze now.

But when the complicated facts of the case are intertwined, and if you want to find such a thread among them, you have to say that this lawyer Ren does have something.

Of course, there are more complicated reasons, which Zhang Ziyu did not say.

First of all, the audience may not be able to understand it, and it takes a lot of words to explain.

Second come
The trial will not press the pause button for her explanation.

(End of this chapter)