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

Chapter 203 Justifiable defense? Intentional murder!
  "Why is this law enforcement officer like this? The knife has hit his neck. Isn't it normal to grab the knife?

After grabbing the knife, Liu Chenglong continued to grab it. Is it abnormal to swing the knife?

They are looking at people through sinful glasses! "

It has been a long time since he left the Law Enforcement Bureau, and Chang Jiahang is still a little angry. The more he thinks about Wang Ming's words, the more angry he becomes.

"This is not his problem alone."

Ren Zhen sighed: "In current judicial practice, the identification of legitimate defense is indeed stricter, especially in cases where people have died.

Their logic is actually a bit crude. You are the good guy, but the bad guy made the first move.

But if the bad guy is dead and you are still alive, then you are overly defensive.

It can also be seen from our case search results that there have been many similar cases over the years, but very few can truly be recognized as legitimate defense.

Not to mention legitimate defense, even the proportion of excessive defense is not large. Most of them are treated as intentional injuries. "

"When a bad guy dies, a good guy becomes a bad guy. This defies logic."

Hearing Chang Jiahang's muttering, Ren Zhen shrugged, expressing his confusion.

[At about 8:27 on August 21, a criminal case occurred in our city.

The criminal suspect Yu Jiaming had an argument with the victim Liu Chenglong near the intersection of Jianjian Road and Shunfeng Road over a traffic problem, which escalated to a knife attack, resulting in the death of the victim Liu Chenglong.

Yu Jiaming has been criminally detained on August 8. Our court will conduct further research on this case and decide on the charges to be prosecuted based on the specific circumstances of the case.

At the time of the incident, Liu XX (male), Liu XX (female), Tang XX (female) and Liu Chenglong were in the same car. Liu XX participated in beating Yu Jiaming and was administratively detained for ten days in accordance with the law. Liu XX and Tang XX got off the car. Persuasion, not involved in the case.

】

Perhaps because this case attracted too much attention, the H City Public Prosecution Office issued a notice soon after taking over the case.

"Injury with a knife? Why didn't you make it clear that the deceased was injured with a knife and was eventually killed instead?"

"The traffic problem. It's obviously a drunk driver and he still uses the non-motorized lane. It seems that the security guard is also responsible."

"Do you understand what the art of speaking is? You guys, with your level of consciousness, you are clearly not the material to be an official!"

"The death of classics makes sense. Once a person dies, no matter how wrong he is, he becomes right."

"It's obviously self-defense, but you still researched and filed a public prosecution. Is this the level of the Public Prosecution Court?"

Amid the excitement, someone soon uncovered more information about the two parties involved.

刘成龙，20XX年因犯盗窃罪，被判处有期徒刑四年六个月；20XX年因打架被行政拘留五日；20XX年因犯敲诈勒索罪被判处有期徒刑九个月；20XX年因犯故意毁坏财物罪被判处有期徒刑三年；20XX年因犯寻衅滋事罪和故意伤害罪被判处有期徒刑两年两个月。

Before the incident, Liu Chenglong opened a pawn shop in a town in H City, which mainly dealt with credit cards, bank loans, vehicle mortgages, private loans and other businesses.

The BMW driven by Liu Chenglong at the time of the incident was registered in the name of Liu Chenglong's ex-girlfriend, with a down payment of more than [-] yuan. The loan had not been paid off at the time of the incident.

The most dramatic thing is that in March this year, Liu Chenglong actively cooperated with the police in catching drug dealers because he reported clues about drug trafficking by others. According to relevant procedures, he was given the title of bravery and a 500 yuan reward.

Yu Jiaming, the security captain of a certain hotel, is said to be retired from the special forces.

According to Yu Jiaming’s colleagues and neighbors, Yu Jiaming is easy-going and has a good relationship with his colleagues and neighbors. He has two children with his wife, and both parents live locally.

Yu Jiaming's family life is stressful. He has used a mobile phone for several years and is reluctant to replace it when the screen is broken. His eldest teenage son has been suffering from cancer for two years, and his old father just passed away a year ago.

"How long has this bald man been in the palace? He works harder in prison than at home."

"Looking at his resume and the business scope of his pawn shop, he doesn't look like a good person."

"The car belongs to my ex-girlfriend, it's too cool."

"The special forces have retired, no wonder they can fight back!"

"It's said online, it's not necessarily true, right?"

"But this Yu Jiaming is honest and true. His colleagues and neighbors have been interviewed. He seems to be a really nice person."

"It's good to be ridden!"

While the online discussion was in full swing, Ren Zhen also submitted a legal analysis to the Public Prosecution Court, but received no response for a long time.

A few days later, I received a notice of the court session.

"With so many people staring at this case now, our brothers must judge it well."

After the case was assigned, Zhu Jianfei, as the presiding judge, immediately held a small meeting with his two partners.

"Old Wang, you are right. Which case did we fail to judge properly?"

Upon hearing Wang Shaolei's words, Zhuang Yuandong immediately expressed his opposition.

"I did not mean that."

Wang Shaolei quickly explained: "I mean there is so much attention, we have to be extra cautious.

And I heard that the defense lawyer this time is quite difficult, so we have to be careful. "

"Old Wang, what you said is not correct. We hold the hammer in our hands to find out the facts and give the fairest and most legal judgment. The relationship between lawyers and us is not antagonistic."

Zhu Jianfei looked serious and pointed out Wang Shaolei's mistake.

"You two are deliberately arguing, right? You know I didn't mean that!"

Wang Shaolei was speechless.

"Okay, okay, I won't tease you anymore."

Zhu Jianfei and Zhuang Yuandong looked at each other and smiled: "Then let's exchange opinions first."

Looking through the somewhat messy files on the table, the three began to analyze the case.

H City Public Prosecution Court.

"Brother Qin, isn't it too serious to prosecute this case as intentional homicide?" While sorting out the evidence, Shen Fei expressed his doubts: "After all, it was Liu Chenglong who made the move first. I think intentional injury caused serious injury. Death should be better."

"Yu Jiaming slashed Liu Chenglong so many times. The knives were deadly. Intentional injury, intentional injury, intentional homicide."

Qin Shoushan raised his head: "I know you think Yu Jiaming's behavior is defensive, but he is obviously overly defensive.

When we handle cases, we must look at the facts and evidence. Don't let it affect your judgment just because you feel sorry for him. You will know when you get your quota in the future. As a public prosecutor, analyzing problems rationally and objectively is the key to carrying out all your work. One of the most important abilities. "

Shen Fei lowered his head. It's not about sympathy. I really think it's not right to charge him with intentional homicide!
  "Oh, by the way, Brother Qin, Yu Jiaming's lawyer seems to have handled a case before, and in the end the client was found to have acted in self-defense. Do you think he will use self-defense to plead not guilty this time?"

Shen Fei suddenly remembered the small talk that law enforcement agencies had when they handed over materials.

"I know that lawyer surnamed Ren. He seems to like to plead not guilty. I've heard about the husband-murder case before."

Qin Shoushan said it didn’t matter: “The rape facts in that case were very clear, and there was nothing wrong with finding legitimate defense, and the woman killed her husband with just one knife, so there was nothing controversial about it.

In the case of Yu Jiaming, he was stabbed so many times, and even chased him to the car and slashed him. Even if he was talking like a lotus, it couldn't be self-defense. "

court day.

As soon as he got off the car, Ren Zhen noticed that the entrance to the court was extremely busy.

"Ren Lu, isn't this all because of this case?"

As soon as Chang Jiahang asked, the question already had an answer.

Someone in the crowd saw Ren Zhen and somehow said hello, and a crowd of people gathered around him.

"Lawyer Ren, I heard that you are Yu Jiaming's defense lawyer. Will you plead not guilty as usual this time?"

"Lawyer Ren, many people on the Internet say that Yu Jiaming's behavior was self-defense, but there are also many people, even lawyers, who think that Yu Jiaming's behavior was excessive defense. Can you share your views?"

"You have had successful self-defense defense experience before. Is there any difference between this time and last time?"

"Will the experience of so many innocent defenses become a burden for you? Lawyer Ren, will you cling to this baggage and force cases that should not have a not guilty defense to be fought as not guilty? Is that so? Isn’t it too irresponsible to the person concerned?”

"Yu Jiaming's family situation seems to be quite difficult. How confident is Lawyer Ren about this case?"

There were densely packed cameras, and more than a dozen microphones were inserted at the same time. The reporters asked several questions in a hurry, regardless of whether Ren Zhen could hear clearly.

"If you have any questions, we can wait until the case is over."

Seeing that there was not much time before the court session, Ren Zhen was not in the mood to argue with them. With such words, he finally squeezed out of the crowd.

When we arrived at the court, the clerk was already adjusting the equipment and the prosecutor was already in court.

With the arrival of the judge, the trial officially began.

"The defendant Yu Jiaming, male, was born on X month XX, 198X. He is a Han nationality and was criminally detained on X month X, 20XX, on suspicion of intentional homicide. He is currently detained at the XX Detention Center in H City.

The Public Prosecution Court of H City, Province C, accused the defendant Yu Jiaming of intentional homicide with Indictment No. H Public Prosecution [20XX] No. 178, and filed a public prosecution with this court on

This court formed a collegial panel in accordance with the law, with Zhu Jianfei as the presiding judge, Wang Shaolei and Zhuang Yuandong as the judges, and the case was heard in public.

The H City Public Prosecution Court appointed prosecutors Qin Shoushan and Shen Fei to appear in court to support the prosecution. The defendant Yu Jiaming and his litigation agent Ren Zhen attended the court to participate in the proceedings.

Defendant Yu Jiaming, did he apply to recuse himself from the relevant persons in the court? "

Public hearings of cases should have been allowed to be attended, but in view of the high level of attention in this case, the court considered that there would probably be a large number of people attending, and there might be some uncontrollable factors, so it banned the hearing of this case and opened it. Live broadcast of court hearings.

In the auditorium, there was only one middle-aged woman wearing a mask, it was Zhang Xiuxia.

"Is that person in the auditorium a family member? He must be a member of Yu Jiaming's family."

"It stands to reason that the victim's family will appear in court, but why didn't they see anyone?"

"Based on Brother Long's glorious deeds, do you think his family members would dare to appear in court? I would be too embarrassed to go."

"Where did the word Long Brother come from?"

"5G is only available in the village, right? When Liu Chenglong was hanging out on the street, the boys called him Brother Long."

"This victim doesn't sound like a good person."

"Who is a good person who returns to prison just like going home? Who is a good person who opens a pawn shop like that? Who is a good person who drives drunk and takes a non-motorized road? Who is a good person who carries a knife with him in the car? If someone goes to check, will you believe it? If you don’t believe it, Brother Long must be unclean behind his back!”

"Don't be embarrassed, my brother Long has received a certificate of bravery for justice. Who said that Brother Long is not a good person?"

While netizens on some platforms were setting up small benches to enjoy themselves, the trial had already entered the court investigation stage.

"The public prosecutor is invited to read the indictment."

Qin Shoushan stood up, glanced at Ren Zhen, and returned his gaze to the indictment in his hand.

"The defendant Yu Jiaming, male, 198X.
  After investigation in accordance with the law, it was found that at about 20:8 on August 27, 21XX, Liu Chenglong, the victim in this case, drove a BMW sedan with license plate number HAP97288 (tested, the blood alcohol content was 87mg/100ml), carrying Liu, Liu, and Tang. When a certain person went west along Jianjian Road to the intersection of Shunfeng Road, he forced his way into the non-motorized lane to the right, and collided with Yu Jiaming, who was riding a bicycle normally, and the two sides got into a dispute.

Liu Moumou got out of the car first and had an argument with Yu Jiaming. When he returned to the vehicle after being persuaded by his companions, Liu Chenglong suddenly got out of the car and stepped forward to push, kick and beat Yu Jiaming.

Although the fight was persuaded, Liu Chenglong continued to chase, and then returned to the BMW car to take out a machete (it was identified that the knife was sharp-edged on both sides, measuring 59 centimeters in length, with a length of 43 centimeters and a width of 5 centimeters. It was controlled. knife), and continuously hit Yu Jiaming's neck, waist, and legs with the knife.

The machete escaped during the attack. Yu Jiaming grabbed the machete and stabbed Liu Chenglong in the abdomen and buttocks during the fight. The stabbing process lasted 7 seconds.

After Liu Chenglong was injured, he ran towards the BMW. Yu Jiaming continued to pursue and slashed twice but missed, and one of them hit the car (it was identified that there was a 2 cm long knife mark on the lower edge of the left rear window of the car).

Liu Chenglong ran to the northeast side of the BMW car. Yu Jiaming returned to the BMW car, took out Liu Chenglong's mobile phone from the car and put it into his pocket. After law enforcement officers arrived at the scene, Yu Jiaming voluntarily handed over the mobile phone and machete (Yu Jiaming said that taking the mobile phone was In order to prevent the other party from calling people to retaliate).

After Liu Chenglong escaped, he fell in a green belt more than 30 meters away from the BMW. He later died after being sent to the hospital for emergency treatment. According to forensic identification and combined with video surveillance, Liu Chenglong was stabbed five times in a row within 7 seconds. The first stab wound was a stab wound to the left abdomen, which caused the rupture of large abdominal veins and intestinal tubes. The cause of death was hemorrhagic shock.

The evidence for the above facts is as follows:
  Evidence preservation list, description of the situation, arrest process, and surveillance video of the crime scene.
  This court believes that the defendant Yu Jiaming’s counterattack against the victim Liu Chenglong was defensive in nature at the beginning, but his defensive methods were obviously excessive and exceeded the necessary limits. Objectively, he deprived the victim of his life, and subjectively, he illegally deprived others of his life. The intentionality of life.

Defendant Yu Jiaming's behavior has violated the provisions of Article [-] of my country's Criminal Law and constitutes the crime of intentional homicide. He is requested to be sentenced by the court in accordance with the law! "

Intentional murder!
  These four words struck Yu Jiaming's heart coldly, making him feel like he had fallen into an ice cave.

(End of this chapter)