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

Chapter 208 Did the judge make a mistake? That’s not how self-defense works!

[The bald man with tattoos was killed after he stabbed someone, and the murderer was acquitted! 】

[In society, I, Brother Long, have many cruel people! 】

[Is the drunk driver a member of a certain society? The editor will reveal the secret to you exclusively! 】

[Brother Long was really sent to Jackie Chan this time]

[Why don’t I applaud Brother Long’s death]

[An honest man’s counterattack: This is a milestone in my judicial progress! 】

[Aren’t you responsible for killing people? That’s not how self-defense works! 】

Sitting in the office, watching the headlines appearing at the top of the lists on various platforms, Ren Zhen and Chang Jiahang clicked on them one by one with great interest.

As a lawyer, the cases he handles have attracted media attention. Even if he is a self-media blogger with few fans, he can't help but click on it to see what is said.

"Some of them are quite decent, but some of them are just nonsense!"

Chang Jiahang couldn't help but muttered when he saw an article with radical wording that firmly believed that Yu Jiaming should be sentenced to intentional homicide.

"Thoughts are free, and if people have different opinions, they must be allowed to speak."

Ren Zhen was used to it.

"Why is there a Mrs. Long here, who is Liu Chenglong's family member?"

Chang Jiahang whispered to himself when Ren Zhen heard him and asked for a link.

[H city’s murder incident, Long’s sister-in-law came out to speak out]

Click on the link, it's a video of over a minute.

In the video, a young woman with half of her face mosaic appears in the screen. Although only half of her face can be seen, it can be seen that the woman's face is quite good.

“In the H City murder incident, you said that the cyclist was an ‘honest person’ and that the tattooed bald man was a bad person. Are you judging people by their appearance too much?

Do tattoos make you a bad person? Does being in jail make you a bad person?

My Jackie Chan only used the back of the knife to scare that person, and never used the blade at all! Otherwise, the man on the bicycle would still have a chance to resist?

On the contrary, it was this so-called "honest man" who chased and slashed with a knife. This is how bad he is to the core!

The surveillance was there, and the machete was clearly there. Jackie Chan was lying on the ground and stopped resisting. The 'honest man' still refused to let go until he chopped Jackie Chan to death!

Think about it for yourselves, what a cruel method this is!

People with tattoos are not necessarily bad people, and ‘honest people’ are not necessarily good people!

Jackie Chan is an only son, and he still has an old father and mother at home. How do you want the two elders to live in the future?

If the biker man still has a conscience, please contact me and we can discuss compensation.

Other than that, I hope everyone will stop discussing this matter.

Everyone has their own ideas. It is not the machete that kills people, but the human heart! "

The woman in the video was very emotional and seemed to have suffered great injustice.

"It seems that Liu Chenglong is not married yet, right?"

Chang Jiahang said with some uncertainty.

"On the day of the incident, there were two women in the car, but they didn't seem to be this person."

Ren Zhen shook his head: "I remember it seemed that his ex-girlfriend bought the BMW car and is still paying off the loan. Could it be that Mrs. Long is his ex-girlfriend?"

"Then it's weird that his ex-girlfriend is still paying off the loan and driving the car for him, and now she's demanding compensation for his parents."

Chang Jiahang clicked his tongue twice: "But Yu Jiaming shouldn't have any obligation to compensate, right?"

"Of course not. The court found that Yu Jiaming acted in self-defense, so he does not need to bear responsibility whether it is criminal or civil."

Ren Zhen scrolled through the comment area: "Furthermore, Yu Jiaming was injured because of this incident, and he can also claim compensation for medical expenses from the heirs of Liu Chenglong's estate.

I told him about this matter on the day in court, but according to Yu Jiaming's temperament, it is unlikely that he will ask for medical expenses. "

"I'm lucky to be able to go home safely. One more thing is worse than one less thing."

Chang Jiahang thought about it and felt that the probability was high: "Besides, Brother Long obviously didn't make much money by opening the pawn shop. He ran to the prison every three days. What inheritance could he have?"

"You can call me Brother Long?"

Ren Zhen glared at him.

Chang Jiahang shrank his neck and suddenly remembered something: "By the way Ren Lu, when Yu Jiaming was still in prison before, everyone on the Internet claimed that he was innocent. Why are so many people popping up now who think he was not in self-defense?" ah?"

"At that time, the general trend of public opinion was speaking. Even if some people thought it was not self-defense, they would not get into trouble at that time."

Ren Zhen thought for a few seconds: "But now that Yu Jiaming has been acquitted, if these people come out to express some different views, they will be scolded at most, but they will not cause public outrage.

In addition to those who simply vent their emotions without thinking, it is not ruled out that some people do this on purpose to create a persona of "everyone is drunk and I am sober".

As for having some small thoughts of this or that, I can’t say for sure, everyone has them. "

"But I think this should not be considered self-defense. There are quite a few people below who agree."

Chang Jiahang looked at the article "That's Not How Self-Defense Works" and flipped through the comments section. They all said that the court and the judge made mistakes in their judgments.

"According to the usual practice, the verdict of self-defense in this case is indeed a bit unexpected, but the reasoning in the judgment this time is quite detailed, and it is obviously an attempt to break away from the so-called convention."

Ren Zhen also saw this article: "Some people call themselves lawyers. After working for two years, they feel that they can do anything. However, they have never thought that the correct views they consider are actually extracted from judicial practices. of.

Now the judges have taken the initiative to make changes. Instead of keeping up with the times and learning, they feel that they know everything. He doesn't really think that he can just have sex with him, right? "

"I guess the court is under a lot of pressure right now."

Ren Zhen shrugged, noncommittal.

As early as when the verdict was handed down, this situation was already foreseeable.

As long as it is a case that attracts a lot of attention, no matter what the final verdict is, there will be discordant voices. It is just a matter of how much. [Live broadcast preview: The presiding judge of the H City anti-homicide case will be interviewed by our station at [-] o'clock tonight and answer relevant questions live]

The two of them were discussing, and several apps on their phones pushed a message at the same time.

"live?"

Ren Zhen took a look and saw that it was Province C TV station that was responsible for the live broadcast.

It seems that the court has also noticed the public opinion, but it did not expect that it would choose to respond in this form.

18: 58.

"You should be more careful about what you say when you go up. There are some things we can say behind closed doors, but we can't talk nonsense in front of so many people."

Zhuang Yuandong was worried. Although the interview questions had been communicated in advance, according to Zhu Jianfei's style, it was not impossible that he couldn't hold back after talking.

"I know, I know."

Zhu Jianfei patted his chest to reassure Zhuang Yuandong.

"It's hard to go on such a relaxing business trip. Relax. After a while, we brothers will go to experience the nightlife of the provincial capital."

When the time came, Zhu Jianfei walked steadily and sat down in the center of the studio.

At this time, the host was already greeting the audience. When he saw Zhu Jianfei sitting down, the camera cut away.

"Then this is the guest we specially invited today, Judge Zhu from the H City Intermediate Court. He is also the presiding judge in the recent high-profile Long Ge anti-murder case. Can we ask Judge Zhu to briefly introduce himself?"

Yan Langtao looks to be about the same age as Zhu Jianfei. He has worked at the provincial TV station for more than ten years, specializing in legal columns.

"Hello everyone, my name is Zhu Jianfei. I am one of the judges in the trial of Yu Jiaming and Liu Chenglong. I am very honored to sit here and share something with you."

Zhu Jianfei said hello to the camera.

Yan Langtao glanced at the manuscript and looked at Zhu Jianfei: "Judge Zhu, could you please briefly explain to us why Yu Jiaming was sentenced to self-defense in the end in this case?"

The judgment is very clear, but you can’t read it?

Although he had known about this problem for a long time, Zhu Jianfei still complained secretly.

However, he knew that this was inevitable. Most of the public only focused on the outcome of the case. As for the judgment, which was densely packed with words, you didn’t really think anyone would read it carefully, did you?

When he appeared here today, his most important task was to explain the basis of the judgment in complete detail through cameras and television stations.

As long as this task is completed, more than [-]% of the questions on the Internet can be answered.

"Okay, let me explain briefly.

But before I start, I want to popularize a concept to everyone, and that is self-defense. "

Zhu Jianfei nodded and began to explain:

"You may have heard of the four words "justifiable defense", especially recently, due to the emergence of this case, I believe most people are familiar with these words, but what exactly is "justifiable defense" in the legal sense? I feel it is still necessary to clarify.

In the criminal law of our country, legitimate defense refers to the actions taken to stop the illegal infringement against a person who is committing illegal infringement. If it causes damage to the illegal intruder, it is considered legitimate defense and does not bear criminal liability.

So in our case, Liu Chenglong is the person who is committing illegal infringements, and Yu Jiaming is the person who takes measures to stop the illegal infringements.

In the process of stopping Liu Chenglong's illegal infringement, Yu Jiaming caused Liu Chenglong's death, which was a legitimate defense, so he was not criminally responsible.

Of course, this is just the simplest explanation. In the identification of legitimate defense, we generally take into account a limiting condition.

This means that defensive actions must be carried out within necessary limits, otherwise it may constitute excessive defense.

For example, if Zhang San was stealing something, Li Si saw it and acted bravely. He picked up a brick, hit Zhang San on the back of the head, and sent Zhang San directly to the crematorium. This obviously exceeded the necessary limit of legitimate defense. "

Zhuang Yuandong wiped his sweat outside the studio. Well, the example he gave was okay, but why did he mention the crematorium? You said it's okay to smash people into serious injuries or something like that?

"Oh? So in this case, Yu Jiaming also sent Liu Chenglong to the crematorium. Is it any different from the example you gave?"

Yan Langtao almost got stuck, but luckily he picked up in time.

"This refers to the special provisions on self-defense in our criminal law."

Zhu Jianfei spoke eloquently: “For certain violent crimes that seriously endanger personal safety, such as murder, robbery, kidnapping, etc., as well as the murders involved in our case.

At this time, due to the greater danger of these crimes, the law stipulates that there is no limit to the defense at this time, or it can be understood that the limit of defense is unlimited, which is commonly said that we have unlimited defense rights against specific crimes. "

"Oh--"

Yan Langtao is undoubtedly a qualified admirer. His reaction looks like a legal illiteracy that does not understand the law, but he maintains appropriate restraint and does not act like a fool:

"So in this case, was Yu Jiaming finally acquitted because he had unlimited rights of defense?"

"Yes."

Zhu Jianfei nodded: "We noticed that some people on the Internet said that Liu Chenglong used the back of a knife to chop Yu Jiaming at the time of the incident, so his behavior was not enough to seriously endanger Yu Jiaming's personal safety.

But these netizens may have overlooked that although Liu Chenglong used the back of the knife, Yu Jiaming did not know it, and Liu Chenglong's knife actually caused severe pain and injury to Yu Jiaming.

Even if what Liu Chenglong used was not a knife, but a brick or a stick, couldn't Yu Jiaming be justified in self-defense?

Obviously it is possible, so we believe that one-sidedly based on the fact that Liu Chenglong used the back of the knife, we should not conclude that his behavior does not belong to "murder". This is obviously unfair to the Yu family who suffered an unreasonable disaster. "

"What Judge Zhu said makes sense."

Yan Langtao deeply agreed: "I also watched the surveillance of the crime scene. After Yu Jiaming escaped, it seemed that Yu Jiaming made a chase and chop move. Can you please explain to us how this move is recognized in the law? of?"

"Yes, some people think that after Liu Chenglong fell to the ground, Yu Jiaming should not continue to pursue him.

But these are the conclusions we came to after analysis. In fact, they did not apply to the time of the incident, especially when Yu Jiaming had been stabbed several times. "

Zhu Jianfei thought for a few seconds: "First of all, we have to look at all the circumstances at the time of the crime. The violation suffered by Yu Jiaming is a continuous and escalating process.

It started with pushing, punching and kicking, and later escalated to hitting with a knife. At this time, Yu Jiaming was unable to remain absolutely objective and calm like we are now. This is something we focused on during our deliberations.

After Liu Chenglong got up from the ground, he ran towards the car. Yu Jiaming didn't know what Liu Chenglong was going to do next. He only knew that the knife in his hand was taken out by Liu Chenglong from the car. So if he ran in the direction of the car, we wouldn't rule out the possibility of taking out a knife from the car.

Therefore, for the two slashes that Yu Jiaming pursued, we have to regard them as a continuous process with the previous five slashes. After combined consideration, we believe that it is more consistent to identify them as a counterattack against Liu Chenglong’s murderous behavior. the spirit of the law. "

(End of this chapter)