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

Chapter 205 The law is not strong enough to make things difficult for others, don’t look at God’s perspective
  Sounds reasonable?
  As Qin Shoushan sat down, Zhu Jianfei frowned slightly.

The most important prerequisite for determining legitimate defense is that illegal infringement actually exists and is occurring.

For someone like Yu Jiaming, whose counterattack resulted in death, if he did not want to be held criminally responsible, the corresponding legal provisions would be the special legitimate defense that Ren Zhen mentioned just now, also called non-excessive defense.

So under the premise that Liu Chenglong did not use the blade, the danger Yu Jiaming faced did not seem to meet the "commitment" in special legitimate defense?
  In addition, Liu Chenglong took the knife by himself. At this time, it is true that Yu Jiaming is in less danger.

As for the view that Yu Jiaming's first two blows had caused fatal injuries, Liu Chenglong no longer had the ability to take the knife again.
  While Zhu Jianfei was analyzing Qin Shoushan's views one by one, Ren Zhen had already stood up, interrupting his thoughts.

"As for what the prosecutor said, Liu Chenglong's beating of Yu Jiaming when he got out of the car and the dissuasion of his companions were not enough to put Yu Jiaming into immediate danger. The defender agrees with this."

Hearing this, Yu Jiaming's heart lifted again, while Qin Shoushan felt a little proud.

My point is impeccable, of course you have to agree!
  “Other than that, the defender disagrees with all the prosecutor’s views.”

Ren Zhen's next words made Qin Shoushan's smile freeze on his face.

Everybody has objections?
  What a big breath!
  “First, the prosecutor said that when Liu Chenglong slashed at Yu Jiaming for the first time, he used the back of the knife instead of the blade. This is true.

But at the time of the incident, no one except Liu Chenglong himself knew this, let alone Yu Jiaming himself who was attacked.

What the defender wants to say is that determining how urgent the danger faced by the client is and whether it falls within the scope of ‘murder’ in the relevant provisions of self-defense cannot be judged solely on the basis of the harmfulness of the client’s behavior.

It is true that the first knife Liu Chenglong slashed at Yu Jiaming was indeed with the back of the knife. However, without knowing this fact, not to mention Yu Jiaming himself, even in the eyes of bystanders, this behavior is definitely worthy of praise. It's an 'imminent danger'.

Not to mention, the machete used by Liu Chenglong was double-edged. Although he did not use the blade when he chopped Yu Jiaming, its sharpness could completely threaten his life.

Even if it is a kitchen knife, it can kill someone with the back of the knife, not to mention that it is a machete that is [-] to [-] centimeters long. I think Liu Chenglong carries this knife with him in the car, and it is not used for cutting vegetables. Bar? "

At the end, Ren Zhen's tone was a bit joking, while Qin Shoushan's eyes narrowed slightly.

The young lawyer across from me doesn't seem to be able to read legal regulations, does he?

On the trial bench, several judges also nodded secretly.

There is some truth to what Qin Shoushan just said. Liu Chenglong did not use a blade, and the damage caused to Yu Jiaming would indeed be smaller, but that is in comparison. Even without an edge, a controlled knife of that style can bring The damage that comes cannot be underestimated.

Moreover, Ren Zhen also raised a point that Qin Shoushan deliberately avoided. How dangerous Liu Chenglong's behavior was was not judged just based on the fact that he used the back of the knife, but also in light of the situation at the time.

In the eyes of everyone, especially Yu Jiaming, who was involved in the incident, the knife struck his neck and caused him severe pain, which was a threat to his life.

Life is threatened. Isn’t the danger we face urgent enough?

“Second, the prosecutor mentioned that the murder weapon used by the defendant Yu Jiaming was dropped to the ground by the victim Liu Chenglong, and was not taken from Liu Chenglong’s hand, so the degree of danger he faced was reduced accordingly.

From this point of view, Liu Chenglong's knife fell to the ground and Yu Jiaming picked it up by himself. The danger seemed not so urgent, and there seemed to be no problem with the prosecutor's logic.

But the prosecutor ignored one thing, that is, after Liu Chenglong's knife fell to the ground, Liu Chenglong made such a fighting action.

So how can the prosecutor guarantee that Liu Chenglong will not continue to slash after picking up the knife? "

Ren Zhen looked at the prosecutor's box and asked seriously: "If it were you, would you think that the level of danger you face has been reduced in this situation?"

"You are just speculating. If Yu Jiaming didn't grab the knife, how could Liu Chenglong grab the knife?"

Qin Shoushan was speechless for a while, and finally came out with these two sentences: "And even if he grabs the knife, Liu Chenglong may not continue to attack Yu Jiaming."

Shen Fei on the side covered his face.

As Qin Shoushan's assistant, he knew Qin Shoushan very well. If the Shunfeng situation was good, Qin Shoushan's performance in court would usually be impeccable.

But once what was prepared before the trial was temporarily overturned by the defense lawyer in court, Qin Shoushan's thinking would become somewhat confused, and he would often say words that even he himself found incomprehensible afterwards.

Just like now.

Sure enough, in the trial court, several judges looked at each other, wondering whether the prosecutor had slept too late and was still dreaming?
  "You said I was speculating, so why are your two sentences not true?"

Ren Zhen smiled: "What we are discussing now is whether the danger Yu Jiaming faced at the time of the incident was reduced.

We can see from the surveillance footage that after Liu Chenglong's knife came out, the two were stunned for a moment, and then almost simultaneously grabbed the knife on the ground. I don't know how the prosecutor came up with how Yu Jiaming grabbed the knife and Liu Chenglong grabbed the knife. conclusion.

The defender believed that the knife was taken out by Liu Chenglong from the car, and he had been slashing and attacking. According to normal people's thinking, if Liu Chenglong had grabbed the knife, he would most likely continue to slash.

Of course, the prosecutor can still say that my opinion is speculative, but the danger Yu Jiaming faced at that time was already in a state of uncertainty.

Then based on ordinary people's thinking, it can be deduced that Liu Chenglong will continue to attack after grabbing the knife, so the danger faced by Yu Jiaming has not been reduced. I think it is reasonable. "

Ordinary people, your sister, ordinary people, will the law tell you how ordinary people think?
  Qin Shoushan subconsciously wanted to refute, but Shen Fei next to him pulled him and told him to calm down his thoughts. Qin Shoushan also knew that he might lose his mind at this time, so he reluctantly closed his mouth.

Well, so even if the knife fell to the ground, the danger Yu Jiaming faced at that time did not decrease.

Zhu Jianfei scratched his head, why did I feel that the danger had decreased just now?

Sure enough, you have to be more thoughtful when sitting in the judgment seat, otherwise you will always be led by others to think.

"As for the last point made by the prosecutor, after Yu Jiaming picked up the knife, he could have taken other actions to prevent Liu Chenglong from further attacking. The defender believes that this assumption is too ideal."

Ren Zhen paused briefly and considered his words. He was relatively sure of the previous points, but on this point, the judge was likely to have different ideas from him, so he had to be careful what he said.

"Judging from the surveillance video, after Yu Jiaming picked up the machete from the ground, Liu Chenglong immediately started to fight for it. Combined with Liu Chenglong's previous actions, although the machete has changed hands, the danger has not actually been eliminated.

The defender believed that Yu Jiaming could not rule out the possibility that Liu Chenglong would continue to infringe on him at that time, and his personal safety was always facing an urgent and realistic danger. "

Ren Zhen's words were very conservative. He did not even directly mention the word self-defense, but continued on as the danger Yu Jiaming faced had not been eliminated.

He glanced at the trial seat. The judges were not in a hurry to discuss anything this time. They all looked solemn, and they were obviously thinking about the rationality of Ren Zhen's point of view.

"As the prosecutor finally mentioned, Yu Jiaming's first five blows had already caused fatal injuries, and Liu Chenglong had lost the ability to continue attacking. Therefore, his pursuit and slashing behavior clearly exceeded the necessary limit, and he did not consider the situation at the scene at all.

Of course we now know that Yu Jiaming's first two swings have caused considerable damage to Liu Chenglong, but how did we come to this conclusion?
  It was our investigation agency that came to know this fact through on-site surveillance video, through the confessions of the parties concerned, through the forensic identification results, and through many factors. But did the Yu family know about it at the time of the incident?
  I think the answer is no. Yu Jiaming didn't even know which of the knife hits him. How could he know that Liu Chenglong had been fatally injured and it was no longer possible to pull out a knife from the car to chop him? "

Hearing this, Yu Jiaming trembled his lips and shed tears again.

These few words simply spoke to his heart.

During the days he spent in the detention center, in addition to endless regret and worry about going to jail, he was also afraid of the fact that he had killed someone.

For ordinary people who have lived in a comfortable age since childhood, the most dangerous thing they have ever come into contact with may be a kitchen knife.

Many people don't even dare to take a close look at the slaughtering of pigs and cows in the village. Just smelling the smell of blood makes them nauseated for a long time.

Not to mention that Yu Jiaming hacked a person to death with his own hands and watched the person fall in front of him.

Every time he recalled the sticky, warm red liquid on his hands that day, Yu Jiaming couldn't help but want to vomit.

He also asked himself more than once, how could he have the courage to kill someone with a knife when he had to cover his eyes when killing a chicken during the Chinese New Year?

Now Ren Zhen has told the answer, because he didn't know that he was hit at the time, and he didn't know that Liu Chenglong would die.

He only knew that if Liu Chenglong took out a knife from the car again, he might really die, he might never be able to go home again, and he might never see his wife and children again.

After Ren Zhen finished speaking, there was a brief silence in the court.

"Prosecutor, do you have anything to refute to the defender's point of view?"

Zhu Jianfei reacted in time and quickly reminded Qin Shoushan.

"Although Liu Chenglong still made fighting movements after Yu Jiaming got the knife, Yu Jiaming could continue to fight back when he was desperate, but he should not stab Liu Chenglong's vital parts."

Qin Shoushan knew that when he said these words, he basically admitted that Yu Jiaming could still fight back after the knife fell to the ground.

But Ren Zhen's argument just now was reasonable. Even if he was reluctant, he had to go on. If he didn't defend the case in time, the judge's judgment would probably be increasingly affected.

"According to the forensic examination results, the first two stabbings of Liu Chenglong by Yu Jiaming were fatal injuries, and Yu Haiming's intentional injury was quite obvious.

If it was just a simple defensive counterattack, he could have slashed at Liu Chenglong's other non-vital parts instead of hitting a key part like the abdomen with one knife.

Moreover, after Liu Chenglong was stabbed several times, he first lay down on the ground, then got up and fled quickly. At this time, Liu Chenglong had obviously lost the ability to continue the infringement. Yu Jiaming's subsequent pursuit and slashing behavior exceeded the reasonable limit of legitimate defense. "

Qin Shoushan felt something was wrong before he finished speaking. Why did these words sound like Ren Zhen had already dug the hole, but he still stepped into it?
  "For the same reason as before, the prosecutor's analysis was too calm and objective, and even had a bit of a God's perspective."

Ren Zhen was not impatient, "Now the prosecutor and we have reached an agreement that Yu Jiaming's behavior of grabbing the knife and fighting back was a normal reaction in a desperate situation. Within seven seconds after grabbing the knife, Yu Jiaming stabbed and chopped five times in succession." , all injuries were formed within seven seconds.

Faced with the escalating illegal violations in the past, I believe it is difficult for ordinary people to accurately judge how much harm they may suffer, and then perfectly calculate the defensive methods and intensity they can implement.

The prosecutor said that Yu Jiaming should not attack Liu Chenglong's vital parts, but he was not even sure whether he could hit it, so how could he be required to accurately control which part he could hit? "

Qin Shoushan scolded himself crazily in his heart.

Ren Zhen had clearly said just now that such an assumption was too ideal. Why did he bring it up again? Didn't it give Ren Zhen another chance to explain it again?

"The law will not force people to do anything difficult. I think this is why our criminal law stipulates that when defending against serious violent crimes such as murder, there is no limit requirement for defense.

Even the law does not require Yu Jiaming to accurately control the machete in his hand during defense. Is it too harsh for us to stand in court and put such restrictions on Yu Jiaming at the time of the crime? "

Qin Shoushan was silent.

"The prosecutor also said that Liu Chenglong has lost the ability to infringe, and Yu Jiaming should not continue to pursue him.

This is also a fact that we learned after the fact, but in the eyes of Yu Jiaming at the time of the incident, Liu Chenglong was still able to get up after being stabbed several times and quickly ran to the car. Could he have thought that Liu Chenglong had lost the ability to infringe?

I think everyone's reaction should be, he won't hurt me next, right? "

Seeing that a judge was nodding his head unabashedly, Ren Zhen breathed a sigh of relief:
  "And judging from the appraisal report, after Yu Jiaming caught up with him, he slashed twice, one in the air, and another on the car, which did not cause actual harm to Liu Chenglong.

Combined with the surveillance video, after Liu Chenglong stayed away from the BMW, Yu Jiaming quickly gave up the pursuit, returned to the car and took away Liu Chenglong's mobile phone to prevent Liu Chenglong from calling someone for revenge.

All these behaviors can show that Yu Jiaming was unaware of Liu Chenglong's physical condition at the time, and all his actions were to protect himself, not to harm or even kill Liu Chenglong. "

(End of this chapter)