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

Chapter 202 Fighting violence with violence? [-] percent

"That person is dead?"

Seeing the law enforcement officer who received them again, he brought sad news.

"The news just came from the hospital, no one is alive."

The law enforcement officer shook his head, "Actually, there was news in the early morning that the resuscitation was ineffective, but it was never confirmed. Our colleagues over there called just now, and now it is confirmed that the person is gone."

After leaving the law enforcement bureau, Ren Zhen frowned.

I originally planned to go to the hospital, but there is no need to go now.

"Ren Lu, this case is still under investigation. What can we do?"

Since becoming a trainee lawyer, this is the first time that Chang Jiahang has followed a case in the investigation stage and knows nothing about the next work.

“In the investigation stage, the first thing is to understand the case and check the evidence held by law enforcement agencies.

We can also collect evidence that is beneficial to the parties. As long as the source and form of the evidence are legal and helpful to the case, it can be submitted directly to law enforcement agencies. "

Ren Zhen thought for a while and added: "We can also prepare a legal opinion based on the existing evidence and facts to reflect our opinions to the investigating agency.

If the nature of the case is unclear, lawyers can try to persuade law enforcement agencies at this stage.

If the law enforcement agencies can be successfully convinced that the behavior of the parties concerned does not constitute a crime, the case may be concluded during the investigation stage and there will be no need to transfer it to the public prosecution agency for prosecution later. "

"It turns out that the case may be closed during the investigation stage!"

Chang Jiahang suddenly realized, "No wonder the Criminal Procedure Law stipulates that lawyers can intervene in cases during the investigation stage. There are so many things they can do!"

"What I just said is included in the laws."

Ren Zhen glanced at him: "We know that lawyers can intervene, but why don't we know that lawyers can do so many things?"

Chang Jiahang smiled awkwardly: "Occasionally, I give the teacher something, which is considered repaying the kindness!"

Ren Zhen curled his lips but said nothing more.

There are rules in the law, but if you haven't experienced them personally, they are just words in a book, and it's normal if you can't remember them.

But even if you know this, implementing the laws is not as simple as just talking.

What he didn't tell Chang Jiahang was that although lawyers could theoretically do a lot during the investigation stage, there were not many that could actually make a difference.

Especially the so-called legal opinion, you can write it, but the law enforcement agency will most likely not read it.

That afternoon, the police report came out.

[At around 8:27 on August 21, a criminal case occurred at the intersection of Jianjian Road and Shunfeng Road in our city.

After receiving the alarm, our city's Law Enforcement Bureau immediately organized personnel to rush to the scene for treatment, and together with 120 emergency personnel, sent the injured to the hospital for treatment.

After preliminary investigation, the two persons involved are Yu Jiaming (male, 41 years old, from XX City, XX Province) and Liu Chenglong (male, 36 years old, from XX City, XX Province)

That night, the two parties had an altercation over driving issues at the intersection of Jianjian Road and Shunfeng Road, resulting in a conflict. During the conflict, both parties were injured. Liu Chenglong died after rescue efforts failed, while Yu Jiaming's life was not in danger. The case is currently under further investigation. 】

In broad daylight, there was a vicious case of stabbing someone with a knife and eventually causing death. This police report quickly attracted a lot of attention.

"Isn't it normal to drive and scratch on the road? As for killing someone with a knife?"

"This deceased person is so miserable. He was only in his 30s. How will his family live in the future?"

"Anyone who is over 40 years old and still uses knives and guns is definitely not a good bird. I suggest strict investigation!"

"Don't make any guesses upstairs. I was walking by last night and happened to be at the scene. It was obviously the dead man who stabbed him first."

"I don't know if this Yu Jiaming is a good bird. As for Liu Chenglong, I can only say that he deserves it, haha."

"We don't know the whole story, so our family is in no hurry to take sides."

Under the official Weibo of the H City Law Enforcement Bureau, there were still sporadic comments at the beginning. As more and more people forwarded it, the comment area gradually became lively.

As if to respond to the speculations of some people in the comment area, a surveillance video without sound was released immediately afterwards.

Ren Zhen, who paid attention to the police report, soon saw the surveillance video.

In the picture, Yu Jiaming is being pushed and pushed back by a bald man.

This bald man should be Liu Chenglong, the deceased in the report.

"It seems that what Yu Jiaming said is true. At least he hasn't retaliated once before."

Ren Zhen dragged the progress bar several times. Even though the monitoring was a bit blurry, he could clearly see that Yu Jiaming did not take action, which made him feel a little more at ease.

Well, there was no provocation, no action.

Suddenly, Liu Chenglong turned around and ran towards the car. Without any hesitation, he took out a machete from the car. The machete was [-] to [-] centimeters long. The reflection of the blade was particularly obvious under the surveillance.

What happened next was no different from what Yu Jiaming described. A knife was slashed on the neck. Yu Jiaming stepped back and dodged, and Liu Chenglong's knife came out.

The two fought for the knife, and Yu Jiaming grabbed it.

Ren Zhen adjusted the video speed to 0.5x. In the picture, after Yu Jiaming got the knife, Liu Chenglong was still fighting for it. Yu Jiaming stabbed Liu Chenglong in the abdomen with the knife.

With this blow, Liu Chenglong lay directly on the ground, and Yu Jiaming swung the knife several more times.

"Seven seconds, five knives."

Ren Zhen counted them carefully and wiped his sweat.

With this speed, the frequency of cutting vegetables with my kitchen knife may not be so high.
Liu Chenglong got up from the ground and ran towards the car again, followed by Yu Jiaming and chased after him.

Seeing that Yu Jiaming was chasing after him and slashing the roof of the car with a knife, Liu Chenglong did not dare to open the car door. He paused in front of the car and then ran away again.

Yu Jiaming briefly disappeared from the surveillance camera for a few seconds, then reappeared in the screen, opened the car door, and took something out of the car.

Although he couldn't see clearly, based on Yu Jiaming's description, Liu Chenglong's mobile phone should have been taken away here.

The video ends.

"From the surveillance, it seems that this bald man died unjustly, right?"

"You can't even hold a knife steady when you come out, so being hacked to death won't hurt you at all!"

"I just said that the deceased was miserable, is that a slap in the face?"

"Although there is no sound from the surveillance, I think the tall guy didn't do anything at first. It was the bald guy who did it all the time."

"Isn't this a legitimate defense?"

"Don't pretend to understand upstairs. Just use a legal term after hearing it. Although the bald man is fierce, he has no knife in his hand and is already running away. This tall guy is still chasing and slashing. He is just defending himself. Hammer!"

"Let's go together, hahaha. This analysis is very professional. From the moment Yu Jiaming started chasing and slashing, it was destined that his behavior could only be regarded as excessive defense at best, and it might end up being intentional injury!"

"Have you ever defended yourself against being a real lawyer and a fake lawyer?"

"If he is real, I hope he is fake. Is this the level of a lawyer? Who would dare to hire a lawyer in the future?"

Just watching the video, the comment section has become polarized.

Most voices sided with Yu Jiaming, and some said that Yu Jiaming acted in self-defense.

The few people who said that Yu Jiaming was too defensive seemed to be lawyers?

Ren Zhen fell into deep thought.

As the person directly responsible for this case, he cannot express his opinions freely like the masses.

In Ren Zhen's opinion, these voices claiming that Yu Jiaming was overly defensive reflected the views of some people in the industry to a certain extent.

So why do they have this view?
The relevant provisions on legitimate defense are of course the basis, but more importantly, I’m afraid it’s because they handle similar cases more clearly, right?
While sliding the mouse randomly, Ren Zhen was thinking, what is the possibility of establishing legitimate defense in Yu Jiaming's case?

Suddenly, a Weibo post made Ren Zhen's mouse stop. I looked at the username: Jianghai Public Prosecution Online.

It's the official account of the public prosecution agency.

[100 criminal cases tell you that you have to run for self-defense!

The author analyzed 100 second-instance (final-instance) criminal judgments on the Internet that requested a lighter sentence on the grounds of "justifiable defense". Only 4 were recognized by the court, the other 20 were for excessive defense, and 76 were for intentional injury.

In a society governed by the rule of law, "reacting violence with violence" is not allowed. When "I" stabs "you" with a knife, "you" cannot stab back confidently.

so what should I do now? Don't do anything, your best course of action is to run! 】

The Public Prosecution Agency keeps up with current events, so it comes out so quickly to popularize the law?
Ren Zhen smiled helplessly, and a certain string in his heart gradually became tense.

Those who say that Yu Jiaming was overly defensive or even intentionally harmed, as well as this Weibo of the Public Prosecution Agency to promote law enforcement, all seem to be pointing in the same direction.

Is it a coincidence?

Obviously not.

H City Law Enforcement Bureau.

"Captain, then this case will be sent to the Public Prosecution Court?"

"Send it, send it, send it to Ansheng as soon as possible. I've been tossing it all these days."

Wang Ming waved his hand.

"But now many people say that Yu Jiaming acted in self-defense."

The law enforcement officer hesitated for a moment, then spoke, and then added in his mind, "In fact, I also think it was self-defense."

"They say you believe it?"

Wang Ming's eyes widened: "Besides, do they have the final say on whether it was legitimate defense or not?

Do you have the final say? Or do I have the final say?

That is not an issue for us to consider. We just arrest people and collect evidence and do a good job in our investigation.

As for whether it is self-defense or something else, let the Public Prosecution Office and the courts worry about these! "

"Oh good."

The law enforcement officer turned around and left without retorting.

"Captain, Yu Jiaming's lawyer is here and wants to submit a legal opinion."

Someone not far away raised the phone in his hand.

"Let him wait."

Wang Ming shook his head and stretched.

"What kind of legal opinion? If you don't have the time, why don't you think about what to say in court? Why bother with us?"

After muttering a few words, Wang Ming walked unsteadily outside.

"Hello Captain Wang, this is my legal opinion on this case."

Ren Zhen took out a stack of ordered materials.

"Lawyer Ren, we have met a few times, so I will tell you the truth."

Wang Ming did not reach out to take it, "I know what you mean after communicating with me several times. Do you think Yu Jiaming is acting in self-defense, right?

As a lawyer, I can understand your point of view, but please listen to my advice. In Yu Jiaming's case, there is really no need for self-defense. "

"Why don't we do it?"

Ren Zhen put the opinion letter on the table and looked at Wang Ming: "Liu Chenglong committed an attack with a knife, and Yu Jiaming took defensive actions to protect his own safety. Isn't this standard legitimate defense?"

"It doesn't make sense if you say that."

Wang Ming knew Ren Zhen somewhat and knew that he was not just a rookie lawyer who only chewed on legal provisions:

"Laws are one thing, but when it comes to cases, you don't know how difficult it is to successfully identify them, right?

Yes, the knife belonged to Liu Chenglong, and it was Liu Chenglong who struck first, but now that everyone is dead, do you still think Yu Jiaming acted in self-defense? "

"Which law stipulates that if a person dies, it is not self-defense?"

Ren Zhen was speechless. He was still a captain. How could he not rely on the law but rely on experience?
“Sometimes I really don’t know if you lawyers are really stupid or just pretending to be stupid.”

Wang Ming shook his head and said with a serious tone: "I know that you accepted the commission and tried every means to make Yu Jiaming innocent. I also know that he was not the first to do it.

But Liu Chenglong's knife fell to the ground. Yu Jiaming's first reaction was not to shoot, but to grab the knife. Do you think this can be a positive defense? "

"According to your logic, Yu Jiaming only acted in self-defense if he ran away?

Running, this action, has nothing to do with defense, right? "

Ren Zhen felt his blood pressure rising.

"This"

Wang Ming was speechless for a few seconds, "Anyway, Yu Jiaming's behavior of grabbing the knife is not a normal human reaction, and after grabbing the knife, he could obviously hold the knife and confront Liu Chenglong, so why did he have to chop people?

Five knives in seven seconds, not to mention over-defense, I think based on these five knives, it would be fine to sentence him to intentional injury or even intentional homicide! "

There's nothing to talk about.

Ren Zhen made a decision, stopped talking nonsense, picked up the legal opinion and handed it over.

"We have different opinions for the time being, so we won't go any further. This is my legal opinion. Please accept it according to the process."

"I can't take it."

Seeing that Ren Zhen refused to listen, Wang Ming waved his hand and said, "The case has been transferred to the public prosecution agency, so there is no need to hand in the legal opinion."

"When was it transferred? Why didn't we receive a notification?"

Chang Jiahang on the side finally couldn't help but interject.

"It was just delivered today, you will be notified soon."

Wang Ming left these words and turned to leave.

"Don't tell me I'm reminding you. You should quickly advise Yu Jiaming's family to contact the victim's family, be proactive in compensating some money, and try to get the judge to give a lighter sentence when the time comes."

"Fuck!"

Chang Jiahang cursed in a low voice: "The case is still in the Law Enforcement Bureau, but they just find it troublesome!"

"Looking at his attitude, even if he reads the legal opinion, it probably won't change anything."

Ren Zhen shook his head, "Forget it, that's the end of the investigation phase. Let's see if there are any opportunities from the public prosecution agency."

Wanting to end the case during the investigation stage, Ren Zhen didn't have much hope, but he didn't feel too disappointed after being rejected.

Randomly flipping through the legal opinion in his hand, Ren Zhen saw the data they had collected again.

[As of June this year, a total of 6 million judgments have been collected by the Judgment Documents Network, of which a total of 433 were defended by "justifiable defense". Only 12345 cases were recognized by the court, and the success rate of justifiable defense defense was 16%. 】

[-] percent.

I hope I can make the molecule a little bigger this time.

(End of this chapter)