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

Chapter 207 Is this judge trying to defy heaven?

Why does everyone think Yu Jiaming is innocent?

Faced with this question, Wang Shaolei and Zhuang Yuandong had an answer in their minds almost instantly.

It's very simple to say it. In fact, in one sentence, if Yu Jiaming were you, would you want to be given the right to self-defense by law?

Most people are ordinary people, and if ordinary people are in the same situation as Yu Jiaming, there is no doubt that they all want the law to be on their side.

"We all understand what you said, but the opinions of the majority of people cannot replace the law, alas."

Wang Shaolei sighed.

"But our views may not be completely consistent with the law, right?"

Zhu Jianfei lit another cigarette and looked into the distance through the window:

“Now we also have different opinions on whether self-defense is established or not.

I talk about the views of the general public, not to make a judgment based on their views, but to think that when we are in doubt, we might be able to think about it in reverse, why do people have that view? "

"Then why? It's essentially Liu Chenglong's behavior that puts everyone in danger."

Zhuang Yuandong finally resisted the thought of cutting off Zhu Jianfei's cigarette again and opened all the windows:

"People are paying so much attention to this case and discussing it so enthusiastically, but in fact they don't care at all about Liu Chenglong's death.

In other words, they may not care much about Yu Jiaming. What they care about is how the law will ultimately judge Yu Jiaming's behavior.

Is it legitimate defense? Or is it too defensive? Or is it something else?

Was it an acquittal? Or sentenced? If sentenced, how heavy will the sentence be? "

"Lao Zhuang still sees things thoroughly."

Wang Shaolei said with emotion: "Public opinion reflects the mentality of the public. People are so concerned about this case because they are actually anxious to a certain extent.

To put myself in perspective, what if the tattooed, drunk-driving bald man I met for no reason on my way home that night was you?

Faced with such bullying, do honest people deserve to be beaten and insulted? "

"Looking deeper, the reason why people are so concerned is actually because they don't have enough confidence in the credibility of the judiciary."

Zhu Jianfei took a deep puff and put out the cigarette butt on the window sill: "If everyone believed in the law and fully recognized the law, they would not need to care so much about this case.

The most dramatic thing is that those who argue on the Internet that Yu Jiaming does not constitute legitimate defense are basically practitioners in the legal industry. So I am wondering, is our determination of legitimate defense too strict? "

Wang Shaolei and Zhuang Yuandong were both silent.

The "we" Zhu Jianfei mentioned was certainly not the three people present.

It's too harsh, and it's not something the three of them can change.

"So what's the verdict?"

Wang Shaolei broke the silence, his tone full of distress.

"Actually, I also tend to believe that Yu Jiaming is not guilty, but according to the previous identification standards, this person is dead. He is really sentenced as self-defense. Isn't it appropriate?"

"My opinion is that how we judged in the past does not mean how we will judge now. Otherwise, we can just have a few robots to sit here and judge the same case. What do we need as judges?"

Zhu Jianfei made his position clear: "The lawyer said something that touched my heart. We sit in court and judge, and we cannot use God's perspective.

If Yu Jiaming is classified as excessive defense or even intentional injury because of the death of a person, it seems to respect Liu Chenglong's right to life, and it seems to be consistent with the previous recognition of legitimate defense in the judiciary. In fact, this is unfair. Discern right from wrong, right from wrong.

The establishment of the legitimate defense system is to allow citizens to put aside their concerns and dare to use just means to stop illegal infringements.

If bad guys can carry knives with them on the street, but good guys have to consider which part of the counterattack should be targeted when being stabbed, and when and where the counterattack should be stopped, isn't it true that we ourselves are self-defense? A layer of shackles?

It would be better to abolish this system directly. From now on, if someone cuts you off while walking on the street, it is stipulated that everyone is only allowed to run away and is not allowed to fight back. "

After hearing this slightly radical speech, Zhuang Yuandong suddenly had an idea.

He seemed to understand why the court appointed Zhu Jianfei as the presiding judge in this case.

If it were another experienced judge, maybe they would discuss whether it constituted legitimate defense, but in the end they would still give a conservative verdict, and at most they would find Yu Jiaming an excessive defense, right?

The more Zhuang Yuandong thought about it, the more likely it became.

Ask yourself, now he claims that Yu Jiaming acted in self-defense, partly because he is not the presiding judge. If he were to lead the trial, his views would be relatively conservative.

There will be thoughts of legitimate defense, but there is a high probability that it will not be judged this way in the end. After all, excessive defense is the least risky option.

"Then cast your vote. The minority will obey the majority. The minority opinions will be written down and then submitted to the review committee."

Zhu Jianfei made his decision. If they couldn't reach an agreement, the case would have to be judged.

"I think it's self-defense."

Zhuang Yuandong raised his hands.

Looking over with two pairs of eyes, Wang Shaolei felt helpless: "Then it will be deemed self-defense!

If this case goes to the second trial and the sentence is changed in the end, my brother's performance appraisal at the end of the year will be reduced! "

"Okay, okay, I know that you actually agree with Yu Jiaming's innocence in your heart. Since you think so, don't worry about the things that are and are not. We have made our own judgments in accordance with the law. Don't worry about things that shouldn't be worried about. Yes."

The three of them agreed, and most of the burden in Zhu Jianfei's heart suddenly disappeared.

Wang Shaolei had been raising objections before, but he was thinking too much about things other than the case. To be fair, there was not much difference in the views of the three people.

Now that it's out of the way, there's nothing to worry about.

"Jianfei's reason just now was a bit rough. Now that we have decided to judge him as self-defense, we must be extra rigorous in our reasoning."

Zhuang Yuandong reminded: "It is one thing for public opinion to believe that Yu Jiaming is innocent, but even if our verdict is consistent with public opinion's expectations, if the reasoning is not detailed enough, it may not be recognized by the people."

"Well, what Lao Zhuang said makes sense."

Zhu Jianfei deeply agreed. It is one thing to have a conclusion, but it is another thing to show the derivation process of this conclusion legally and fully.

After returning to the court with everyone watching, several people in the court became nervous in unison.

"The adjournment is now over and the verdict of this case is announced."

"All rise!"

Swish swish!

Suddenly there was a sound of fabric rubbing against the chair.

"According to the laws of our country, this court has the corresponding jurisdiction over the case where the public prosecution agency accused the defendant Yu Jiaming of intentional homicide. It formed a collegial panel in accordance with the law and heard the case in public. The trial has now been concluded.

The public prosecution agency alleged that on the evening of August 20, 8XX, the defendant Yu Jiaming.

In response to the accusations made by the public prosecution, combined with the facts of this case and the existing evidence, this court believes that”

Zhu Jianfei paused slightly and glanced at Yu Jiaming, who was stiff.

At this time, Yu Jiaming did not dare to express his anger, and his eyes were filled with fear.

"This court believes that the defendant Yu Jiaming's counterattack against the victim Liu Chenglong was legitimate defense and he should not bear criminal responsibility according to law!"

hum-

Yu Jiaming felt his ears ringing, and could not hear anything the judge said next.

"Amitabha, God bless you." In the auditorium, Zhang Xiuxia also relaxed, clasped her hands together, and leaned on the back of her chair.

"what?!"

At the prosecution table, Qin Shoushan and the assistant Shen Fei next to him looked at each other.

How could it be self-defense?

Are these three judges trying to go against heaven?

“First, the victim Liu Chenglong provoked the trouble in this case and was at fault first.

Judging from the origin of this case, Liu Chenglong drove drunk, changed lanes illegally, and actively caused trouble; judging from the development of the situation, Liu Chenglong first pushed, then punched and kicked Yu Jiaming, and finally hit him with a knife. The illegal infringement continued to escalate.

Second, Yu Jiaming faced real dangers that seriously endangered his personal safety in this case.

The machete Liu Chenglong took out of the BMW was identified as a controlled knife prohibited by my country's relevant regulations and should be included in the category of murder weapons in the criminal law.

Liu Chenglong hit Yu Jiaming's neck and other vital parts with a murderous weapon. Although Yu Jiaming was not incapacitated, his personal safety was seriously endangered.

After the machete fell to the ground, Liu Chenglong immediately stepped forward to fight for it, showing no sign of stopping or giving up the attack.

After Liu Chenglong got up injured, he immediately ran to the BMW car where he took out the machete. Yu Jiaming could not rule out the possibility that he took out other murder weapons from the car again.

Although the machete was already in Yu Jiaming's hand, the danger posed by Liu Chenglong still existed, and Yu Jiaming's personal safety still faced real and urgent danger.

Third, Yu Jiaming’s behavior of grabbing the knife and fighting back was a normal reaction under emergency circumstances and met special defense requirements.

After Yu Jiaming got the machete, he stabbed and slashed Liu Chenglong five times within seven seconds. Considering the escalating illegal infringement he faced at the time of the crime, he could not accurately control the degree of counterattack allowed by the law.

Therefore, although Yu Jiaming's counterattack resulted in Liu Chenglong's death, it met the special defense requirements and did not need to bear criminal responsibility according to law.

Fourth, from the perspective of the institutional value of legitimate defense, priority should be given to protecting the defender.

The law should not give in to lawlessness. The essence of legitimate defense lies in ‘countering injustice with right’, so the priority protection status of the defender in criminal law should be clarified.

In judicial practice, many illegal infringements are sudden and rapid. Under such premise, it is difficult for defenders to accurately judge the nature and harmfulness of the infringement, so it is naturally difficult to choose defense methods comprehensively and carefully.

Therefore, we have fully considered the reality faced by the defender. In this case, Liu Chenglong violated traffic regulations first, provoked trouble first, and attacked with a knife. Faced with such illegal infringement, Yu Jiaming acted in legitimate defense.

To sum up, according to the relevant laws and regulations of our country, this court now makes the following judgment:

Although the defendant Yu Jiaming's counterattack resulted in the death of the victim Liu Chenglong, his behavior was legitimate defense under the criminal law and he should not bear criminal responsibility according to law!

The defendant Yu Jiaming was found not guilty and was released in court!

This judgment is a first-instance judgment. If the public prosecution agency has objections to this judgment, it may file a protest with the higher authority within the specified period.

After the trial is over, the judgment will be delivered within the specified time limit and the judgment will take effect immediately! "

Boom!

Zhu Jianfei picked up the gavel and struck it sharply.

"Close the court!"

With the fall of this hammer, this case that resonated with countless people and was destined to be recorded in history finally came to an end.

After mechanically signing the trial transcript, Qin Shoushan walked out of the court.

"Xiao Shen, how can this case be justified as self-defense?"

Qin Shoushan asked in a low voice.

"This"

Shen Fei was a little embarrassed. In fact, he was also very confused.

As a lawyer who has just started working, his first reaction after reading this case was that he actually believed that Yu Jiaming's behavior was self-defense.

But after looking through similar case files, and coupled with the prosecutorial mentality that Qin Shoushan instilled in him, he felt that Yu Jiaming was not acting in legitimate defense.

"I do not know either."

Shen Fei answered honestly: "Brother Qin, do we want to protest this case?"

"Protest."

Qin Shoushan hesitated.

If in other cases the verdict is not in line with your expectations, you will probably protest.

However, in this case, most people are currently leaning towards Yu Jiaming being innocent. If he files a protest at this time, it will undoubtedly go against public opinion and will most likely arouse public outrage.

Although Qin Shoushan felt that there was something wrong with the verdict, he did not feel that he could afford the consequences.

"After returning to the hospital, let's report it to the superiors before making a decision."

Qin Shoushan shook his head and asked his superiors when he was in doubt. If I couldn't bear the blame, I asked my leader to help me take the blame!

In the court, Yu Jiaming and Zhang Xiuxia hugged each other and had been crying for more than ten minutes.

Looking at this miserable middle-aged couple, the judges were filled with emotion.

"Come here and sign."

After they finally calmed down a bit, the clerk greeted them.

After tremblingly signing the court transcript, Yu Jiaming bowed repeatedly to the judge who had not yet left.

"Thank you judges, thank you"

"No thanks, no thanks."

Zhu Jianfei waved his hand, "You have done nothing wrong, and the law will not let you bear the consequences that you should not bear.

However, if we encounter this kind of thing in the future, we should try our best to resolve it in a peaceful way. We are not young anymore, so we should think more about our family members beforehand. "

"Yes, yes, the judge is right."

Yu Jiaming nodded repeatedly.

"Okay, okay, you're not that old yet, so you can become a close brother."

Zhuang Yuandong gave him a tug.

"Lawyer Ren's views in court inspired us a lot."

Zhu Jianfei looked at Ren Zhen with some emotion.

He was not lying. Just the fact that Ren Zhen reiterated Yu Jiaming's intention to pursue him gave the case a new direction.

Although their verdict is very satisfying, if there were no lawyers to argue their case in court, the result might not be what it is now.

Only if someone claims it will the judge consider it.

The connotation and spirit of not complaining and not responding is also reflected to some extent in criminal courts.

"The judges still made a good decision."

Ren Zhen smiled, and he somewhat admired these judges who dared to rebel.