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

Chapter 204 What if there is a knife in his car?
  "Defendant Yu Jiaming and defense lawyer, do you have any objection to the facts and charges charged by the prosecutor?"

As the judge's voice sounded, everyone's eyes looked through the screen and fell on Ren Zhen in the defense table.

Yu Jiaming swallowed hard and looked at Ren Zhen.

"I, I did kill him, but I, I, I don't accept the charge of intentional homicide."

In a short sentence, Yu Jiaming paused several times before finishing.

The prosecutor would prosecute him on suspicion of intentional homicide. Zhen had already told him this before the trial, but even though he had done some psychological training, when he actually faced such an accusation in court, Yu Jiaming still couldn't help but panic and panic. regret.

How did I become a murderer?

Zhu Jianfei nodded and looked at Ren Zhen: "Where is the defense lawyer?"

"The defender has no objection to the facts and evidence of this case listed by the prosecutor in the indictment."

Sure enough?
  At the prosecutor's seat, Qin Shoushan sat up straight. If he didn't object, there was no objection. He only had no objection to the facts and evidence, so that meant he had objection to the crime?

"But the defender does not accept the charges charged by the prosecutor."

Not only Qin Shoushan and Shen Fei, but also the three judges on the trial bench were not surprised at all.

There is no dispute about the factual evidence in this case. If the lawyer does not plead guilty and can only defend himself from the crime, it is not surprising that there are objections to the charges.

However, how can it be so easy to act in legitimate defense?
  The old god Qin Shoushan was there and he didn't panic at all.

"The defender briefly elaborates on what objections he has to the charges charged by the prosecutor?"

Come on, let me see what you're going to say.

Zhu Jianfei had been curious about Ren Zhen, an increasingly famous name in the city's legal circles, for a long time. Now that he finally saw him in person, he was looking forward to it.

In the defense area of ​​self-defense, what tricks can he come up with?

“According to the provisions of Article [-], Paragraph [-] of our country’s Criminal Law, those who take defensive actions against violent crimes that seriously endanger personal safety, such as murder and murder, and cause casualties to unlawful infringements, shall not be held criminally responsible.

In this case, the victim Liu Chenglong first committed a drunk driving violation, and after a conflict with the defendant Yu Jiaming, he first attacked with his bare hands, and then hit him continuously with a knife. His behavior has seriously endangered Yu Jiaming's personal safety, and his illegal infringement should be considered as covered by the above provisions. 'Assault'.

Regarding the crime, the law gives the defender what is commonly known as the "unlimited right of defense." Although the loss of the victim's life is regrettable, Yu Jiaming's behavior should be deemed as legitimate defense and he will not bear criminal responsibility.

Therefore, the prosecutor accused the defendant Yu Jiaming of intentional homicide, which the defender believed was inappropriate. "

Ren Zhen spoke very succinctly. After finishing speaking, he sat down and had no intention of explaining more.

Is it just a list of legal provisions?

Zhu Jianfei was a little disappointed. The legal regulations were not enough.

This lawyer doesn't seem to be as sharp as the legend says?
  Qin Shoushan curled his lips secretly. These few words were like a plea of ​​not guilty. Isn't it too naive?
  "The prosecutor will interrogate the defendant next."

Qin Shoushan sorted out the evidence in his hands and cleared his throat:

"Yu Jiaming, you were there on the evening of August 20, 8XX."

Facing Qin Shoushan's interrogation, Yu Jiaming did not hide anything and answered truthfully.

The facts are very clear. The surveillance is there, and you can't rely on it even if you want.

What's more, the person before the trial actually told him that the defense would focus on whether his behavior constituted self-defense. Therefore, whether it was the judge or the prosecutor, when asked questions related to the facts on the day of the case, they answered truthfully. Can.

Therefore, Yu Jiaming answered without any psychological burden.

"After you grabbed the knife, did you ever have the thought of hacking Liu Chenglong to death?"

Qin Shoushan suddenly changed the topic and asked such a question.

"No no."

Yu Jiaming, who finally calmed down a little, changed his face and waved his hands repeatedly: "This is the first time I met him. We have no grievances. How could I have such an idea?"

"Then after you grabbed the knife, why didn't you stay away from the scene immediately and instead chose to stab Liu Chenglong?"

Qin Shoushan is aggressive.

"I got the knife, but the bald man was still grabbing the knife."

Yu Jiaming was a little incoherent: "I didn't think too much. I just thought that if the knife was snatched back by him again, wouldn't I be the same?"

"Presiding judge, I think the prosecutor's questions are obviously misleading."

Seeing that something was wrong, Ren Zhen reacted quickly and interrupted Qin Shoushan's interrogation.

"Agreed, prosecutor, please pay attention to how you ask questions."

Zhu Jianfei just felt that something was wrong with Qin Shoushan's interrogation and was thinking about whether to interrupt. When Ren Zhen said this, he got off the donkey and reminded Qin Shoushan.

"Okay, presiding judge."

Qin Shoushan didn't care after being interrupted once.

He originally just wanted to use these questions to prove Yu Jiaming's subjective malice from the side. This kind of questioning method was indeed suspected of being borderline. If it was pointed out, he would just not ask questions next.

After a small interlude, the interrogation session ended quickly.

"Defender, you can question the defendant next."

Ren Zhen nodded towards the trial seat and looked at Yu Jiaming.

It was Ren Zhen's turn to ask, and Yu Jiaming's mood calmed down again.

"Yu Jiaming, when Liu Chenglong got out of the car on the day of the incident, he pushed and kicked you. Did you fight back during this process?"

"No."

Yu Jiaming shook his head.

Qin Shoushan sneered in his heart, so what if he didn't fight back? The fact that you stabbed someone behind with a knife still cannot escape!

"Liu Chenglong returned to the car and took out the machete. From the surveillance camera, we can clearly see that you didn't dodge when he made the first cut. Can you explain it?"

What does this question mean?
  Qin Shoushan was stunned for a moment.

"I didn't expect him to pull out a knife."

Recalling that scene, Yu Jiaming was still frightened: "He rushed over in a few steps and slashed him with a knife. At that time, I just felt that I was going to die. I was so scared that I couldn't move. I didn't react until the knife hit my neck. .”

"Liu Chenglong's knife fell to the ground while he was slashing. What was your first thought at the time?" Ren Zhen followed the lead.

"Then he must grab it, otherwise I will be hacked to death by him sooner or later!"

Yu Jiaming spoke what was in his heart and glanced at the trial seat with a guilty conscience.

Well, the judges' expressions didn't seem to change.

"After you hit Liu Chenglong, Liu Chenglong fell to the ground. He got up and ran towards the BMW car. Why did you continue to chase him?"

Ok?
  Qin Shoushan's eyes lit up.

Good question to ask!

Why didn't I think of it?
  Eh, something doesn’t seem right?

Why do lawyers ask this question?
  "Because I'm afraid he will take out another knife from the car."

Hearing this, Zhu Jianfei subconsciously turned his head and looked at Wang Shaolei and Zhuang Yuandong beside him.

The look in his eyes was obviously asking, have we not discussed this before?
  "After you grabbed the knife, you stabbed Liu Chenglong five times. You chased him to the car and stabbed him two more times. Do you know which ones hit him and which ones missed?"

Faced with this question, Yu Jiaming was obviously not as smooth as he had answered before.

"I only knew that the first slash hit me because it was very close and I felt it very clearly at the time."

Yu Jiaming thought about it for a long time: "Then one knife was slashed on the car. I'm not sure if the others were hit."

"Judge, I'm done asking."

Ren Zhen turned to the trial seat and signaled that he had no problem.

After Ren Zhen sat down, Zhu Jianfei did not rush to proceed. Instead, he moved the stool back a little and the two heads next to him came over.

"What do you think of Yu Jiaming's statement?"

Wang Shaolei and Zhuang Yuandong knew what Zhu Jianfei was asking, and they briefly exchanged glances. Wang Shaolei spoke first:

“When we analyzed before, we only saw that Yu Jiaming was chasing and killing Liu Chenglong, so we concluded that Yu Jiaming had the intention to kill intentionally.

I guess the prosecutor thought the same way, but now that I think about it, Yu Jiaming’s statement is indeed true.

Because Liu Chenglong took the knife from the car, and he ran towards the car, there was a real possibility that he would take out another knife. "

"But he has been slashed several times. A normal person would want to run away at this time, right? How can he still think about using a knife to chop him back?"

Zhuang Yuandong disagreed.

"That's what you say, but why do you think the lawyer asked the last question?"

Wang Shaolei reminded him. Zhuang Yuandong thought about it and found that it seemed to be the case.

Yu Jiaming only knew that he was hit with the first knife. As for Liu Chenglong's subsequent behavior, it seemed that he could not judge whether he wanted to escape or take out another knife.

"In this way, Yu Jiaming's behavior of chasing and slashing has other explanations, which can weaken his subjective intention to kill."

The exchange between the three judges was brief. After all, the court was still in session and there was no time for them to discuss slowly.

"Let's go down first, let's leave this here for now."

The judges each straightened their backs, and Zhu Jianfei announced that they would enter the stage of evidence presentation and cross-examination.

There was no disagreement during the cross-examination session. The evidence was clear and clear, and Ren Zhen had no objections.

The longest part of most trials ended surprisingly smoothly today.

"Then if there is no other cross-examination opinion, we will start the court debate."

While the judges were discussing, Qin Shoushan quickly adjusted and put aside the question Ren Zhen had just asked.

Although there are some variables, they have little impact.

Qin Shoushan organized his thoughts and spoke slowly:
  “As I just said in the indictment, defendant Yu Jiaming’s behavior was defensive to a certain extent, but it did not constitute legitimate defense.

First of all, when Yu Jiaming and Liu Chenglong’s companion Liu Moumou had a conflict, the two parties only had verbal disputes and pushing, and there was no obvious aggressive behavior.

After Liu Chenglong got out of the car, although he kept hitting Yu Jiaming, his three companions did not participate in the conspiracy, but tried to dissuade both parties. From this point of view, the defendant Yu Jiaming was not in the same position. A situation against many.

On the contrary, Liu Chenglong's beating of Yu Jiaming was not enough to put him in immediate danger despite the constant dissuasion of Liu Chenglong's three companions. "

Hearing this, Ren Zhen and Chang Jiahang both curled their lips, but they both knew that what Qin Shoushan said was true.

“Secondly, after Liu Chenglong returned to the car and took out the machete, although the first slash was on Yu Jiaming’s neck, Liu Chenglong did not use the blade but the back of the knife.

Judging from Yu Jiaming's subsequent injury examination, including his reaction on the spot when he was still able to resist grabbing the knife or even being chased and slashed, the victim Liu Chenglong's slashing at the defendant Yu Jiaming did not cause serious injuries to Yu Jiaming.

The fact that he was able to exercise such restraint when he was drunk shows that Liu Chenglong had no obvious harm to Yu Jiaming or the intention to commit murder. The personal danger Yu Jiaming faced was far less than the level of 'emergency' stipulated in self-defense.

Thirdly, the murder weapon used by the defendant Yu Jiaming fell from the hands of the victim Liu Chenglong and fell to the ground. He picked it up on his own, and it was not that Yu Jiaming took it from Liu Chenglong's hand.

After the knife fell from Liu Chenglong's hand, Liu Chenglong lost the conditions to commit further crimes, and the danger faced by Yu Jiaming was significantly reduced.

Finally, after Yu Jiaming picked up the knife, he could have taken other actions to prevent Liu Chenglong from attacking further, such as throwing the knife farther away, such as keeping a distance. In short, Liu Chenglong had lost the ability to threaten his personal safety.

But looking back at the facts, Yu Jiaming chose the most extreme method, which was to use a knife to hurt Liu Chenglong.

Moreover, according to the identification results, Yu Jiaming's first two blows had already caused fatal injuries, and the intention of the injuries was very obvious.

In the defense attorney's question just now, Yu Jiaming mentioned that he chased Liu Chenglong to prevent him from taking out another machete from the car. However, his first five knives had already put Liu Chenglong in danger. How could Liu Chenglong still have the ability to use it? How about cutting it with a knife?
  To sum up, it can be seen that Liu Chenglong was at fault for provoking the trouble first, so Yu Jiaming's behavior had a certain defensive nature.

But what cannot be ignored is that Yu Jiaming did not face a real danger that seriously endangered his personal safety at the time, and when he slashed at the victim with a knife, the degree of danger he faced had been greatly reduced. His defensive behavior was too extreme and obviously exceeded what was necessary. It should not be considered legitimate defense. "

As Qin Shoushan sat down, Yu Jiaming's face turned pale again.

Originally, he felt that he was very innocent, and Ren Zhen also said that it might be self-defense, which gave him a lot of comfort.

But now that he heard what the prosecutor said in detail, Yu Jiaming himself felt that it was not self-defense.

That's right, he slashed my neck with a knife, and I was fine. Why didn't I think that he was using something other than a blade?

He got up from the ground and ran back. Why did I have to catch up and chop him twice?
  I regret it!
  Impulsivity is the devil!

(End of this chapter)