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

Chapter 127: It’s wrong to take action, it’s wrong to open your mouth

"Then let's go back to the word 'gathering a crowd'. According to relevant laws, 'gathering a crowd' is the act of gathering three or more people for the purpose of fighting.

According to the logic of the prosecutor, Song Jiale told Zhao Tianshi and others that you can call people, I will wait for you here. In the end, Zhao Tianshi called twenty or thirty people, and these people were all "people" gathered by Song Jiale.

Perhaps the prosecutor took into consideration that the law did not clearly stipulate that the 'people' gathered may not necessarily be one's own side, which makes sense. "

Ren Zhen saw that Gao Qilin wanted to speak and spoke directly for him. Gao Qilin was a little depressed and gave up the idea of ​​applying to speak for a while.

You alone can tell the pros and cons, how can you be so capable?
Ning Qufei was also worried. He also realized the problem Ren Zhen said. The word "gathering a crowd" sounds simple, but in practice, various strange situations always occur.

If it does happen, it will be troublesome no matter how you identify it, so the best case scenario is that the prosecution and defense can reach an agreement on this point, so as a judge, you don’t have to worry too much.

After all, it sounds cool to make decisions about the law that are not in line with common sense, but it is actually a very difficult and risky thing for judges.

"But I'm not going to discuss here whether those people belong to the 'people' gathered here by Song Jiale."

So what do you want to discuss?
Ren Zhen's speeches are linked to each other, which always arouses everyone's expectations.

"What I want to say is that what Song Jiale said should not be considered a legal act of 'gathering a crowd'.

We have made it clear during the court investigation just now that the premise for this sentence is that Zhao Tianshi once said, "You have so many people, it's amazing, right?"If you have the ability, wait for me.' Such words.

I think as a normal person, it is completely understandable that the other person would say something like this after being beaten for no reason. In anger, he would say something like, "Please call someone, I'll wait for you here." "

Normal people?
Chang Jiahang, who had been paddling next to him, his eyes lit up. Thinking of Ren Zhen's previous cases, he had already guessed Ren Zhen's defense strategy.

"So, according to the prosecutor's thinking, the words 'call someone, I'll be waiting for you' can indeed be considered as Song Jiale's behavior of 'gathering a crowd', but equally, this is also a normal person. In such a situation It's a perfectly normal thing to say in an abnormal situation.

Can such a sentence really be used to infer the defendant's criminal behavior and criminal facts? "

Ning Qufei knitted his brows together and fell into thought.

The idea of ​​Gao Qilin's accusation is understandable, but whether it is true or not remains to be discussed.

Maybe the idea given by the defense lawyer is a direction?
"As a legal practitioner, I am very clear that the law is sacred, but the law is not mechanical. When the defendant's behavior is legally controversial, how to make a determination should be in line with the common sense of the public. .

If not, how can the judgment made under mechanical justice convince the public? "

Public awareness!

Chang Jiahang immediately thought of the previous trial where Ren Zhen defended Zhao Kai for drunk driving.

Why was Zhao Kai acquitted of drunk driving?

The entire trial can actually be summed up in one sentence: If Zhao Kai is guilty, it conflicts with the simple emotions and cognition of the public!

The same applies here. Based on the logic of the prosecutor, Song Jiale's words can indeed be regarded as a manifestation of "gathering a crowd".

This is what the law says.

But again, it can also be considered a normal reaction of ordinary people.

This is what plain common sense tells me.

So how should we make a judgment at this time?

Ren Zhen threw this question to the judge. “Secondly, the defender still does not accept the prosecutor’s suggestion that the defendant’s previous admission of guilt and acceptance of punishment can be inferred as recognition of his criminal behavior and criminal intent.

Procedural flaws cannot be covered up. We often say that procedural justice and substantive justice are equally important, because if there is a problem with either party, it will be impossible for the other party to achieve the so-called justice.

Therefore, I believe that a piece of flawed evidence cannot be used as a basis for judgment.

To sum up, the defendant Song Jiale objectively did not "fight", and the nature of his "gathering a crowd" behavior is also controversial. The subjective intention cannot be proved to actually exist, and his behavior does not comply with the provisions of our country's laws. The constituent elements of "gathering a crowd to fight" should not be subject to criminal punishment according to law! "

Before Ren Zhen finished, several judges began to discuss in a low voice impatiently.

At the same time, Gao Qilin was also a little upset.

During the pre-trial meeting, Ren Zhen pointed out many procedural flaws. He thought about it for a long time and felt that everything else was easy to talk about and would not have much impact on the case.

The only troublesome thing was signing the confession of guilt and punishment. After thinking about it, he decided to change his mind. It didn't matter whether the confession was valid or not. Song Jiale had withdrawn his plea and punishment anyway, so I didn't worry about it.

As long as Song Jiale recognized his criminal behavior when he signed the recognizance letter, it would be enough.

Who knows why this defense lawyer still insists on procedural issues?

Gao Qilin knew that in the logic of his accusation, it was not very tenable to use Song Jiale's words to accuse him.

Song Jiale's words are just a basic point. Only by spreading them out and combining them with other evidence can it be proved that his behavior was suspected of mass brawl.

Echoing this basic point, it is this confession of guilt and punishment. Otherwise, even if the objective aspects are put aside, Song Jiale's subjective criminal intention will be difficult to identify.

In other words, these two points must be accepted by the judge at the same time, so that Gao Qilin's accusation against Song Jiale can be established.

Now Ren Zhen is attacking two points at the same time, and both of them seem to make sense?

If he was found not guilty, wouldn't it be a slap in the face?
In the same brawl, more than thirty other people were sentenced, but Song Jiale was not.

Just thinking about this result made Gao Qilin shudder.

Then after he goes back this time, he will definitely have to reflect deeply.

"Defendant Song Jiale, you can now make your final statement on this case."

The judges' discussion did not last long, and the final defendant's statement began.

"I"

Song Jiale opened his mouth for a long time, but no words came out.

"I think it's not my fault that this happened, right? I'm alone, right? I didn't fight back, right?"

Song Jiale struggled for a long time and asked several questions in succession:
"I don't understand. After being beaten, I said something angrily and it turned into a fight?"

"Is it possible that after being beaten, you can't even say a harsh word?"

The more Song Jiale spoke, the more aggrieved he became:

"I know it's wrong to take action, so is it wrong for me to open my mouth?"

　It was only on the last day that I remembered to ask for monthly tickets. If you readers still have them, please pity the children.
　　
　
(End of this chapter)