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

Chapter 206 Self-defense is like a ghost, you have only heard of it but never seen it

On the trial bench, the three judges gathered together and whispered a few words from time to time.

Qin Shoushan was silent for a long time on the prosecution stand.

"Prosecutor, would you like to sum it up at the end?"

Realizing that Qin Shoushan seemed to have nothing to say, Zhu Jianfei helped him pass the steps.

If you have nothing to add, just summarize it, and then the trial will continue.

"Justifiable defense requires acts of aggression, destructiveness and urgency, but in this case"

Qin Shoushan hesitated for a few seconds and continued:
  "Although the victim Liu Chenglong was at fault first and took out a machete from the car, except for the first slash on Yu Jiaming's neck, most of his slashes were directed at Yu Jiaming's legs. of.

It can be seen from this that Liu Chenglong did not have the intention to deprive the other party of his life, so his behavior should not be regarded as ‘murder’ in the third paragraph of Article [-] of the Criminal Law.

Therefore, although Yu Jiaming can perform legitimate defense against Liu Chenglong's infringement, his defensive behavior should use reasonable means and be controlled within necessary limits.

However, after Liu Chenglong's machete fell to the ground and was taken by Yu Jiaming, the offensive and defensive situation of both sides changed.

At this time, Liu Chenglong's illegal violation of Yu Jiaming has ended, and there is no longer any violent violation that seriously endangers Yu Jiaming's personal safety.

However, Yu Jiaming did not hesitate at all to Liu Chenglong's slashing, and did not control it within reasonable limits. It was obviously not a legitimate defense stipulated in Article [-] of the Criminal Law.

Based on the actual situation of this case, the prosecutor believes that Yu Jiaming objectively stabbed Liu Chenglong with a machete, causing him to be seriously injured. However, he was in a passive position at the beginning of this case and did not continue to pursue Liu Chenglong after he left the BMW car. Subjectively, there was no Those who intend to kill should be held criminally responsible for intentional injury. "

Will the charges be changed in court?
  Ren Zhen and several judges looked at Qin Shoushan at the same time.

Maybe he felt that the possibility of intentional homicide was unlikely, so he settled for the next best thing and changed the charge to intentional injury. Maybe the judge would support it?

The judges were obviously a little surprised. After a brief exchange, Zhu Jianfei looked at Ren Zhen.

"Would the defender also want to give a final summary?"

In fact, strictly speaking, there is no final summary in court debates.

But the prosecutor has made a summary. If the defense lawyers are not treated equally, it will inevitably be true.

In addition, despite the circumstances of the evidence and facts in this case, the two sides had disputes in every aspect of their characterization, so Zhu Jianfei said the same thing to Ren Zhen.

Anyway, we are still in the court debate phase. If you all say more, you can give us more reference for making a decision.

"First of all, the behavior of the victim Liu Chenglong on the day of the incident fell into the category of 'murder' in the sense of criminal law."

Of course, Ren Zhen will not miss any opportunity to speak, not to mention that the trial is obviously coming to an end. If he doesn't speak now, he may not have the chance to speak again.

"According to the provisions of Article [-], Paragraph [-] of the Criminal Law, the core of determining whether it is an 'assault' lies in whether the perpetrator's behavior seriously endangers the personal safety of others.

In judicial practice, when considering whether it is an 'assault', the defender cannot be required to make an absolutely rational and accurate judgment in an emergency, nor can it be based on the premise that the defender has suffered actual harm. Instead, it should be based on the circumstances of the crime at the scene, and Make judgments based on the cognitive level of ordinary people in society.

In this case, the victim Liu Chenglong was the instigator of the accident. He drove drunk, changed lanes illegally, and actively caused trouble. He was at fault himself.

Liu Chenglong first attacked Yu Jiaming with his bare hands, and then slashed continuously with a knife. The danger of his behavior continued to escalate, and it was obvious that he had seriously endangered Yu Jiaming's personal safety. His illegal infringement should be regarded as "assault".

Secondly, Liu Chenglong's infringement on Yu Jiaming is a continuous process, and Yu Jiaming is facing a real danger that seriously endangers his personal safety.

Liu Chenglong first got out of the car and punched and kicked Yu Jiaming, then returned to the car and took out the machete, and slashed Yu Jiaming on the neck.

After the machete fell to the ground, Liu Chenglong immediately stepped forward to fight with Yu Jiaming, showing no sign of giving up the violation. Yu Jiaming's personal safety was always in urgent and real danger.

Finally, Yu Jiaming's behavior of grabbing the knife and fighting back was for defensive purposes and was a normal reaction in an emergency.

At the scene of the crime, after Yu Jiaming got the knife, he stabbed and slashed Liu Chenglong five times within seven seconds. The two chasing slashes missed. Although there was an interval in time and distance in space, his actions were continuous. , should not be viewed separately.

In addition, Yu Jiaming gave up the pursuit after Liu Chenglong moved away from the BMW car, and also took out Liu Chenglong's mobile phone from the car to prevent him from calling for revenge. Yu Jiaming's defensive intention was obvious.

Taken together, in this case, Liu Chenglong committed traffic violations first, picked quarrels and caused trouble first, and attacked with a knife first.

If under such circumstances, Yu Jiaming does not have the right to fight back, I think it is really difficult to justify.

Therefore, the defender believes that in the face of such illegal infringement, Yu Jiaming should have the right to carry out legitimate defense according to the relevant provisions of our country's criminal law, and it is a special legitimate defense. "

Ren Zhen's summary was a bit long, but the judges were not impatient at all, and Zhu Jianfei was even more thoughtful.

"Defendant Yu Jiaming, please make your final statement."

The main event was finally over. The straight backs of several judges were slightly bent. It was too tiring to sit like this all the time.

"I shouldn't kill anyone."

Yu Jiaming's first words made Ren Zhen and Chang Jiahang cover their faces.

Although the judges are not stupid, when you say these words, people's first impression is that you are a murderer, brother.

Yu Jiaming looked at the trial seat, then at his red-eyed wife in the auditorium, and did not say another word for a long time.

"I don't understand the law, so I don't know if what I did was self-defense. I can only say that I regret it and why I didn't endure it when they pushed me and scolded me.

If I had endured just a moment or two more, maybe they would have just driven away, and there wouldn't have been so many things and no people would have died. "

Yu Jiaming burst into tears suddenly, and did not bother to wipe his tears. He spoke out all the grievances buried in his heart:
  "Although that bald man scolded me and hit me, he didn't deserve to die no matter what. I didn't expect him to die either!

He slashed my neck with a knife. My legs were weak at that time. If I didn't resist, I was afraid that he would really slash me to death!
  I am only forty years old and I still have a family to support. My son was diagnosed with cancer last year. If I die, how will my wife and children survive?

The knife happened to fall on the ground, and I didn't know why I grabbed it, but I really didn't want to kill him."

As he talked, Yu Jiaming became incoherent.

At Zhu Jianfei's signal, the bailiff stepped forward and handed over a tissue.

Yu Jiaming's final statement lasted less than twenty minutes, and he was crying for almost fifteen minutes without being able to say a single word.

The judge rarely urged him, and just continued with Yu Jiaming's chaotic talk.

"Anyway, I, I killed someone."

Yu Jiaming sniffed: "No matter what the court decides in the end, I will accept it.

I don't understand the law, but I understand the truth. If you do something wrong, you have to pay the price. Even if you shoot me to pay for his life, I will admit it!
  Because of your hard work, my wife, I will have to rely on you to support this family for the rest of my life."

While talking, Zhang Xiuxia in the auditorium also started sobbing.

Shoot you? Even if you are willing, we are not willing yet!
  The judges looked at each other with some helplessness.

"Having said that, today's court hearing is over here." Zhu Jianfei stood up and announced the adjournment: "The court will be adjourned for one hour. The collegial panel will pronounce the verdict on this case in court after deliberation."

Boom!
  The gavel fell gently, bringing the trial to an end.

As the judges disappeared from the live broadcast screen, netizens across the camera suddenly became active.

"The market is open, the market is open, I bet Lawyer Ren can succeed in his not guilty plea this time!"

"What is success? Success, do you really think of him as a god? If he can succeed every time he is not guilty, then as long as he has money, he can do bad things and find him as a lawyer in the end?"

"Should I say it or not, this case is indeed suspected of self-defense in theory."

"Suspected of self-defense? Man, your choice of words is so humorous."

"Why do you think he said it's theoretical?"

"Harmful, theory is theory, but in judicial practice, self-defense is just a decoration."

"Indeed, so many lawyers said in the past two days that this case will not be justified in the end. In fact, it is not that they really think it is not justified, but based on their experience, they do not think the court will consider it justified."

"What about this and this? Infinite nesting dolls, right?"

"Is it possible that in the world of a normal lawyer, there is no such thing as self-defense?"

"I have a lawyer friend who said that the words self-defense are like ghosts to him. He has only heard of them but never seen them."

"I don't believe it! Let your friend see hell today!"

"Don't be too idealistic. It should be said or not. The current judicial situation is like this."

"If Yu Jiaming is convicted of intentional homicide, no one will dare to fight back if he is beaten while walking on the road!"

"Brothers, let's discuss this. How should we judge this case?"

Although Zhu Jianfei is the presiding judge, he is actually the youngest among the three judges and his speech is relatively out-of-the-box.

"Hard to say."

Wang Shaolei shook his head, and Zhuang Yuandong also bit his fingers, obviously still undecided.

"During the trial just now, I secretly glanced at my phone a few times, and now the voices on the Internet are very consistent. They all say that Yu Jiaming acted in self-defense and should be innocent."

Wang Shaolei's eyes widened: "You are sitting in the middle and you are still playing with your phone? Why didn't I see it? Are you just fishing in an aboveboard way?"

"Old Wang, you should retire your glasses first."

Zhu Jianfei curled his lips: "I'm not fishing for money, I'm collecting public opinion as a reference for judgment!"

"Public opinion belongs to public opinion. We can only express our own judgment when making decisions."

Zhuang Yuandong interrupted them: "But to be honest, I personally think that Yu Jiaming's case can be considered to be self-defense."

"Tell me in detail."

Zhu Jianfei lit a cigarette and opened the corridor window.

"Actually, it's similar to what the defense lawyer said. Based on the [-] most basic definitions, there should be no problem in identifying Liu Chenglong's behavior as 'murder', right?

If it is considered a 'murder', then Yu Jiaming is acting in self-defense. There is no need to think so complicated. "

After hearing Zhuang Yuandong's words, Wang Shaolei shook his head directly: "I don't think it can be counted.

Although what the lawyer said is reasonable, Liu Chenglong stabbed him so many times in succession, and Yu Jiaming seemed to be fine. If this was considered a murder, wouldn't it be a bit too much? "

"How can this be over?"

Zhuang Yuandong retorted: "If someone slashed your neck with a knife, wouldn't you think it was a murder?"

"This"

Wang Shaolei hesitated and couldn't answer for a moment.

"The defender is right when he says that when we judge whether a client's behavior is a murder, we cannot look at whether the injury has actually been caused or how serious the injury was."

Zhuang Yuandong stretched out his hand, pinched off Zhu Jianfei's cigarette butt, and glanced at him. Zhu Jianfei sneered, wiped out the cigarette butt, and threw it into the trash can.

Zhuang Yuandong continued: "Just because Liu Chenglong's few stabbings did not cause much damage, if we conclude that his behavior is not a crime, I guess it is not consistent with the general perception of society.

The same thing happened after the knife fell to the ground. I didn't think there was anything wrong with Yu Jiaming's behavior of grabbing the knife. It was me and I would grab it too.

Let me tell you, this Liu Chenglong deserves to die! "

"Lao Zhuang, what you said is a bit too unprofessional."

Zhu Jianfei shook his head helplessly and looked at Wang Shaolei: "Old Wang, what do you say?"

"What Lao Zhuang said is reasonable, and I agree with it, but"

Wang Shaolei sighed: "You also know that the provision of self-defense is theory, but after so many years, there are only a few cases in which self-defense has been applied across the country?

Let alone a case in which a person died, it would be good if it could be ruled as excessive self-defense. If it is really ruled as legitimate self-defense, what should we do if the second instance changes the case? "

"Old Wang, I don't like hearing what you say."

Zhu Jianfei said bluntly: "There weren't many cases of self-defense before, but that doesn't mean we can't do it!

If we don’t judge similar cases, we won’t judge them either. When can this legitimate defense really escape its place of display?

As for the second trial, Lao Zhuang said just now that we don’t consider things other than the case. Whether it’s public opinion or the probability of the case happening, we only look at the case itself. "

"From what you're saying, do you and Lao Zhuang have the same views?"

Wang Shaolei scratched his head, making me a bad person?
  The words sound nice, and I understand the truth, but sitting in this position, how can I really not consider anything?
  The application of self-defense is the most stringent in the country. In addition, if a person died, if they really ruled it as self-defense, the family of the deceased would make another fuss.

Am I thinking about me personally? Maybe, but when the time comes, our whole hospital will not look good.

Zhu Jianfei unknowingly took out another cigarette from the box, reached into his pocket to touch the lighter, and looked at Wang Shaolei and Zhuang Yuandong:

"I just said that people on the Internet think that Yu Jiaming was acting in self-defense, which is true.

Have you ever wondered why everyone thinks he is innocent? "

(End of this chapter)