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

Chapter 212 I apply for the defendant’s lawyer to recuse himself!

"In order to maintain court order and ensure the smooth conduct of the trial, the following court discipline is hereby announced.

During the trial of the case, mobile phones and other communication tools should be turned off.

No one is allowed to record or videotape the proceedings without the permission of the court.

Do not move around at will.

"

The clerk kept glancing aside as he read.

Zhang Jiaping and Yang Shuzhen pretended not to know that they were looking at them and lowered their heads slightly, looking very honest.

"Everyone stand up and invite the presiding judge and judges to enter the court!"

Under everyone's gaze, several judges slowly entered the court.

"Thank you, clerk, all sit down."

The presiding judge named Xiao Guozhu began to preside over the verification of identity information.

"The defendant Wang Ziying, female, born on X month XX, 199X, Han nationality, was criminally detained on X month XX, 20XX year on suspicion of intentional homicide. She is currently detained at XX Detention Center in H City.

The Public Prosecution Court of H City, Province C, accused the defendant Wang Ziying of intentional homicide in Indictment No.

This court formed a collegial panel in accordance with the law, with me, Xiao Guozhu, as the presiding judge, and Xin Jiangchun and Ning Yuanqing as the judges. The case was heard in a closed court in accordance with the law.

The H City Public Prosecution Court appointed public prosecutors Liang Zhilin and Yuan Youming to appear in court to support the prosecution. The defendant Wang Ziying and his litigation agents Ren Zhen and Chang Jiahang, as well as the attached civil litigation plaintiffs Zhang Jiaping and Yang Shuzhen, attended the court to participate in the lawsuit.

Did the defendant Wang Ziying apply to recuse herself from the relevant persons in the court? "

Since this case involves the privacy of the parties involved, the court communicated with both parties before the trial. After confirming the opinions of both parties, it decided to conduct a closed trial of the case.

Therefore, not only was the court trial live broadcast equipment not turned on, the court also did not allow unrelated persons to enter and exit at will.

"Do not apply for recusal."

Wang Ziying shook her head.

"Plaintiffs Zhang Jiaping and Yang Shuzhen in the incidental civil litigation, have they applied to recuse themselves from the relevant persons in the court?"

After asking this question, Xiao Guozhu had already lowered his head, thinking about what points might be controversial in the next trial.

"We apply for recusal!"

To everyone's surprise, Zhang Jiaping raised his face and spoke out his application for recusal with great enthusiasm.

"Ok?"

Xiao Guozhu raised his head: "Which person are you applying for avoidance?"

"the two of them!"

Zhang Jiaping pointed from a distance, and at the defense table, Ren Zhen and Chang Jiahang, who were being pointed at, looked confused.

"What are the reasons for applying for recusal?"

Not only the two people at the defense table, but also everyone present did not expect this unexpected situation.

"I've inquired about it. The lawyer opposite is named Ren Zhen. He often fights not guilty pleas, and he just finished a case of self-defense. He will definitely fight this case as self-defense."

Zhang Jiaping has obviously done enough homework, and he didn't get stuck in such a long paragraph.

"Well, so what?"

Ren Zhen scratched his head. It's true that I often plead not guilty. It's also true that I just finished a self-defense case. It's still true that I will plead self-defense in this case.

But what does this have to do with you applying for my avoidance?

"What so?"

Zhang Jiaping looked in disbelief: "How can you let such a lawyer defend that bitch?"

thump——

Although Duan Baiyun in the auditorium couldn't see it, when he heard these words, he slapped the armrest of his seat.

"Watch your wording in court!"

Xiao Guozhu frowned and scolded Duan Baiyun first before he could speak.

"Please elaborate on the reasons for applying for the defense lawyer's recusal. If there is no legitimate and reasonable reason, then I will treat it as if you have not made this application."

"Didn't the reason already be stated?"

Seeing that her husband was so useless, Yang Shuzhen suddenly became anxious: "They found such a powerful lawyer, so aren't we going to lose?

This bitch, Wang Ziying, killed my son. If she can find a good lawyer, she won’t have to take responsibility? Does your court still care about it? "

On the trial bench, the three judges looked at each other.

So this is the reason?

Of course they had heard of Ren Zhen's name. Ren Zhen's last self-defense case was fought in their hospital.

As for whether Ren Zhenli is powerful or not, they think he is probably powerful, but this is not the reason for you to apply for recusal?

At the prosecutor's seat, Liang Zhilin and Yuan Youming were speechless for a while. Today is the criminal court, and we prosecutors are the protagonists, right?

Your incidental civil lawsuit is just here to make soy sauce. Do you understand what incidental litigation is? If I pay you back, you will lose. This is really baffling.

"These two defenders were appointed by the Legal Aid Center. The procedures for serving as Wang Ziying's defense attorneys were complete and there were no problems with the prescribed procedures."

Xiao Guozhu was already a little impatient and did not want to get entangled here any longer: "If you have no other reasons, the collegial panel will now reject your application for recusal of the defense lawyer, and the trial will continue."

"I ride on a horse"

Zhang Jiaping wanted to say something more, but Yang Shuzhen pulled him. Zhang Jiaping shut his mouth and sat down angrily.

"Next, let the prosecutor read out the indictment."

Finally it was his turn, and Liang Zhilin stood up.

"The defendant Wang Ziying, female, born in X month, 199X.

After investigation in accordance with the law, it was found that at about 20:21 on June XX, 500XX, the victim in this case Zhang Minggang left after having dinner at the home of Wang Moumou, a non-criminal, and met the defendant Wang Ziying on the side of the road about meters south of the XX Township Government.

Wang Ziying brought Zhang Minggang to the crime scene, pretending that she wanted to have sex with Zhang Minggang there, and pushed Zhang Minggang into an abandoned septic tank while he was taking off his clothes.

After Zhang Minggang fell into the septic tank, he struggled desperately and tried to climb out. Wang Ziying stepped on Zhang Minggang's fingers with her feet, causing Zhang Minggang to fall into the septic tank again.

This was repeated three times. After falling into the septic tank for the fourth time, Zhang Minggang was exhausted and gradually sank into the septic tank.

Later, forensic identification and combined with the scene conditions determined that Zhang Minggang died of hypoxic asphyxia.

The evidence for the above facts is as follows:

Evidence preservation list, description of the situation, defendant's statement, security surveillance video 400 meters south of the township government, and appraisal report.

This court believes that the cause of this case was that the deceased Zhang Minggang wanted to commit misdeeds after drinking. In order to protect his own safety, the defendant Wang Ziying took advantage of his familiarity with the terrain to lead the deceased to the crime scene, and the tragedy occurred. However, during the period from the roadside to the crime scene, Zhang Minggang did not restrict Wang Ziying's personal freedom, nor did he cause any harm to her.

Judging from the surveillance video, Zhang Minggang even kept a certain distance from Wang Ziying until he left the surveillance screen, so the danger Wang Ziying faced has been eliminated.

At this time, Wang Ziying pushed Zhang Minggang into the septic tank and stepped on Zhang Minggang's fingers while he was desperately climbing up, directly causing Zhang Minggang's death. She subjectively had the intention to illegally deprive Zhang Minggang of his life.

To sum up, the defendant Wang Ziying’s behavior has violated the provisions of Article 232 of my country’s Criminal Law and constitutes intentional homicide. The court is requested to impose a sentence in accordance with the law! "

In the auditorium, Wei Shuangyan felt her arm tighten. When she looked down, it turned out that Duan Baiyun next to her had grabbed her nervously.

Intentional murder!

For Duan Baiyun, who has stayed in that small village all his life, these four words are not only distant, but also terrifying.

Now that it was put on her daughter's head, how could she not be nervous?

"Don't worry, Aunt Duan. Lawyer Ren specializes in fighting cases like this. He is very powerful. Ziying will be fine!"

Wei Shuangyan comforted Duan Baiyun in a low voice.

"Defendant Wang Ziying and defender, do you have any objection to the facts and charges charged by the prosecutor?"

"I"

Wang Ziying glanced at Ren Zhen, then at her old mother who couldn't see her in the gallery, and finally looked at the judge:

"He wanted to rape me, I was acting in self-defense!"

The voice was not loud, but it was decisive.

"Ah."

Xiao Guozhu nodded and looked at the defense table. It was very rare for the defendant to say this, mainly from the lawyer's side.

"The defender has no objection to the identified facts and evidence mentioned in the indictment by the prosecutor."

Liang Zhilin sat up straight. He knew who the lawyer who was speaking opposite him was, who pushed forward the Liu Chenglong case for which the guidance was issued. This lawyer was the defender of the defendant Yu Jiaming.

"But the defender believes that the indictment contains unclear narratives, or wants to make two additional points to the indictment."

Ren Zhen glanced at the two points he just memorized:

“The prosecutor mentioned in the indictment that Zhang Minggang struggled desperately after falling into the septic tank, trying to climb out, and then Wang Ziying stepped on Zhang Minggang’s fingers hard, causing him to fall into the septic tank again.

These are facts, but the facts presented in the indictment are incomplete.

At the time of the incident, Zhang Minggang not only struggled desperately to climb up, but while climbing up, he also uttered threatening words to Wang Ziying.

Wang Ziying did not step on Zhang Minggang’s fingers directly when she was climbing up. Instead, she stepped on her fingers out of fear after Zhang Minggang expressed his intention to ‘kill her’. "

Stepping on your fingers directly and stepping on your fingers after hearing a threat may look similar, but the legal implications behind them are quite different.

The judges naturally heard what Ren Zhen emphasized, looked at each other, and confirmed their thoughts.

"You fart! How could my son say such a thing?"

Before Ren Zhen finished speaking, Yang Shuzhen jumped up and cursed: "Do you have any evidence for saying this? This little bitch said it all by herself. She must have poured all kinds of dirty water on my son.

You are committing perjury! You're all going to jail! "

"quiet!"

Encountering this kind of top product, Xiao Guozhu felt that his patience today had been exhausted in advance.

He was even considering whether to ask the couple out of the court first.

"In court, you are not allowed to speak without the permission of the presiding judge!"

Xiao Guozhu's tone was quite unfriendly, and anyone could hear his suppressed anger.

Yang Shuzhen shrank her neck, glared at Ren Zhen fiercely, and finally closed her mouth.

"The defense continues."

"Although there was no surveillance at the crime scene and no witnesses, during several inquiries by the investigative agency and interrogation by the public prosecution agency, Wang Ziying consistently stated clearly that Zhang Minggang threatened her while climbing up. "

Originally, he did not intend to explain this sentence, but when Yang Shuzhen interrupted, Ren Zhen knew that if he did not explain, it would inevitably make the judge feel more doubtful.

“In addition, the indictment also mentioned that Zhang Minggang ‘wanted to do something wrong’ towards Wang Ziying, which the defender believed was not clear enough.

To be precise, Zhang Minggang attempted to rape Wang Ziying while drunk, which led to the subsequent series of events. I think this needs to be made clear. "

"Besides these two points, is there anything else you want to say?"

Xiao Guozhu heard that Ren Zhen's addition of these two points was just a prerequisite, and the highlight behind it had not yet come out.

really.

"Have."

Ren Zhen nodded calmly, turned to the prosecution box, and looked directly at Liang Zhilin:

"We know from the available evidence that the defendant Wang Ziying and the deceased Zhang Minggang met for the first time on the day of the incident on the roadside 500 meters south of the township government, where there are security surveillance cameras.

The crime scene was more than 100 meters away from where they met, and there was no surveillance at the crime scene.

The prosecutor said that from the place where the two met to the crime scene, Zhang Minggang kept a certain distance from Wang Ziying, did not restrict her personal freedom, and did not cause any harm to her. Therefore, the danger Wang Ziying faced has disappeared.

The defender disagreed with the prosecutor's view. On the contrary, the danger faced by Wang Ziying never disappeared, and even escalated to a certain extent after Zhang Minggang fell into the septic tank.

According to the provisions of Article 20, Paragraph 3 of the Criminal Law of our country, those who take defensive actions against violent crimes that seriously endanger personal safety, such as assault, murder, rape, etc., and cause casualties to unlawful intruders, shall not bear criminal responsibility.

In this case, the deceased Zhang Minggang first intended to rape Wang Ziying under surveillance. After Wang Ziying found a way to deal with it, he came to the scene of the crime. During this period, his rape threat to Wang Ziying was not eliminated.

Therefore, Wang Ziying's act of pushing him into the septic tank was a counterattack against the ongoing rape. According to relevant legal provisions, although it resulted in Zhang Minggang's death, it should be considered legitimate defense and she would not bear criminal responsibility.

Therefore, the prosecutor accused the defendant Wang Ziying of intentional homicide. The defender believed that this charge was wrong. "

Before Ren Zhen finished speaking, Zhang Jiaping and Yang Shuzhen were already ready to make a move. Seeing that they were about to stand up and confront Ren Zhen again, the clerk slammed the keyboard with a "pop" sound, startling everyone. .

Following the eyes of the scribe with an unkind expression, everyone looked at Zhang Jiaping and Zhang Jiaping.

Zhang Jiaping and Yang Shuzhen looked away in disbelief, not daring to say a word.

"Sorry, swatting mosquitoes."

The clerk stared at the couple with a cold face, not looking embarrassed at all.

This guy has been with me for three years, and it’s not in vain!

Xiao Guozhu secretly gave a thumbs up. The clerk was the first to get angry, and the reason he used was hard to find fault with.

I just swatted a mosquito, and I swatted the mosquito after the defender spoke. Is there any problem?

After blocking the mouths of Zhang Jiaping and Zhang Jiaping, the provincial judge once again maintained order.

Xiao Guozhu was in a happy mood:

"The prosecutor will interrogate the defendant next."

(End of this chapter)