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

Chapter 213: Rape is gone, where is the legitimate defense?

"Zhang Ziying, on the night of the incident, after you were stopped by Zhang Minggang on the road, he said he wanted to drink with you, right?"

Liang Zhilin glanced at the arraignment transcript.

"Correct."

"Did you and Zhang Minggang know each other before the incident?"

"We know each other. Our two villages are very close to each other. He is very famous in both villages. Everyone knows him."

Wang Ziying nodded.

"From the surveillance footage, you and Zhang Minggang were tugging at each other for nearly three minutes. Then you left the surveillance area and came to the crime scene. Can you tell me in detail what you and Zhang Minggang said? Is he willing to give up what he did then and follow you for more than a hundred meters?"

As soon as Liang Zhilin's question came up, the judges all became energetic.

They have only seen the answer to this question in the transcript, but everyone knows about the transcript. It is impossible to tell the person involved word for word. It is most reliable to hear the person say it himself.

"I told him this was the roadside and if someone saw something bad, we could find a comfortable place and he could do whatever he wanted."

Wang Ziying's voice became smaller and smaller, until finally it was almost inaudible.

Hearing this, Zhang Jiaping snorted coldly.

I knew this woman was not a good thing!

"Did you have any communication with Zhang Minggang during these more than 100 meters?"

Wang Ziying shook her head: "No."

"Did Zhang Minggang hold you back to prevent you from escaping, or did any other similar actions during these more than 100 meters?"

Wang Ziying continued to shake her head.

"So from the place where you met to the crime scene, you and Zhang Minggang had no contact at all, right?"

Liang Zhilin squinted his eyes, his voice full of relief.

Wang Ziying felt a little uneasy, but she nodded: "I haven't had any contact with him since he let go of me."

"Can you describe what happened after you stopped at the crime scene?"

"After we got to that place, I told him, how about here? Then he started to take off his clothes. He was wearing a pullover sweatshirt. When it came to his head, I rushed over and pushed him."

Wang Ziying glanced at Ren Zhen uncertainly, and Ren Zhen smiled at her, allowing her to calm down a little.

"According to your identification at the scene, Zhang Minggang was standing very close to the septic tank. You pushed him and he fell directly, right?"

"Yes."

"The weeds next to the septic tank have grown very tall. You can't see it without looking carefully from the outside. How did you know there was a septic tank there?"

Xiao Guozhu flipped through the files and sat up straight.

Judging from the photos of the crime scene submitted by the investigation agency, the septic tank was located in an abandoned yard, half inside the yard and half outside the yard, and the half outside the yard was located very low.

What Zhang Ming just fell in was the part outside the courtyard that was separated by a wall.

Just looking at the photos, if the salvage of Zhang Minggang hadn't flattened the surrounding grass a lot, you wouldn't even be able to tell there's a pit here.

Not to mention that it was very late when the crime occurred and there were no street lights there.

However, Wang Ziying took Zhang Minggang to the septic tank and accurately placed Zhang Minggang in that position.

In fact, this is also an important reason for the prosecutor to accuse Wang Ziying of intentional homicide.

"There was an old man who lived in that yard before, and he was a low-income household. When he was still alive, the township often sent people to his house, and I have been there several times."

Considering Wang Ziying's work, this explanation is quite reasonable.

"Did you already think about pushing Zhang Minggang into the septic tank when you suggested changing the location?"

Liang Zhilin's tone suddenly became cold.

"I"

Wang Ziying was stunned for a moment, her face a little flustered:

"right?"

"Presiding Judge, I've finished asking."

Liang Zhilin sat down contentedly.

"Defender, you can ask questions to the defendant next."

Xiao Guozhu touched his chin. Well, no wonder a public prosecution was filed. From this point of view, it seems that intentional murder is somewhat reasonable.

"Zi Ying, you and Zhang Minggang were in a stalemate for three minutes. Why did you suddenly propose that you are willing to have sex with him, just to change places?"

Ren Zhen's first question made Liang Zhilin tremble.

With such a targeted question, you are obviously trying to argue with me?

"Because he was stronger than me, he kept pulling on my clothes. I felt like he was about to pull my clothes off."

Although she didn't want to think about it, Wang Ziying still answered with a trembling voice: "And he also said that the more I resisted, the more excited he became, and if I resisted again, he would beat me to death.

I was scared to begin with, but when he said this, I was frightened, and I said that because I had no other choice. "

"Did anyone or a car pass by during these three minutes?"

Wang Ziying shook her head: "No, there are not many young people in our village. Every shop closes very early in the evening. Except for those of us who occasionally work overtime, there will be no one around that late."

"From the place where you met to the crime scene, which is more than 100 meters away, Zhang Minggang didn't touch you. Why didn't you run away or call for help?"

Ren Zhen asked knowingly.

"Although he didn't touch me, he was so close to me. How could I run away?"

Wang Ziying wiped the tears from the corners of her eyes: "I called for help earlier, but there was no one there. What's the use of calling for help again?"

Everyone was silent except Ren Zhen.

"Did you have the idea of ​​pushing Zhang Minggang into the septic tank when you expressed your willingness to have sex with him, or did it only come to mind when you were walking that way?"

Ren Zhen's question sounded similar to Liang Zhilin's question, but Wang Ziying's eyes lit up.

After thinking for more than half a minute, Wang Ziying slowly said, "It should have happened when we were walking that way."

"Oh? Explain." Although he asked her to explain, Ren Zhen didn't look curious at all, and looked at the public prosecution box indifferently.

Opposite him, the pen tip in Liang Zhilin's hand was beating, and he was writing something solemnly on his face.

"I said I was willing to have sex because I was afraid that he would actually hit me.

When I started leaving from there, I actually hadn't figured out what to do because I was still thinking that I had to find a chance to escape. "

Wang Ziying was not sure at first, but the more she talked about it, the clearer her memory became:

“After walking dozens of meters, I realized that this place seemed to be the one I had been to before, and then I remembered that there was a septic tank over there.

Then I started to think that I could try to push him in, and then I could run. "

"Presiding Judge, I have finished asking questions."

Ren Zhenshi sat down calmly, while Liang Zhilin opposite him was no longer indifferent.

This lawyer is interesting.

Xiao Guozhu took a deep look at Ren Zhen.

The ensuing evidence and cross-examination session ended quickly. Almost all the evidence came from the investigation agency. The video recording the confrontation between Wang Ziying and Zhang Minggang was also played again in court.

"If both the prosecutor and the defender have no objections to the evidence, then we will enter the court debate."

After the buffering of the cross-examination session, Liang Zhilin has adjusted and stood up confidently again.

"First of all, I want to make it clear that on the road where the victim Zhang Minggang and the defendant Wang Ziying met, Zhang Minggang intended to rape Wang Ziying. There is no doubt about this. I agree with what the defender just added.

However, after Wang Ziying expressed his willingness to have sex with Zhang Minggang, the two walked more than 100 meters to the crime scene. At this time, from Zhang Minggang's perspective, he no longer had the subjective intention to rape, so his rape behavior It has been aborted at this time.

During the distance of more than 100 meters, there was no communication or contact between the two people. Zhang Minggang did not take any method to restrict or harm Wang Ziying, which can also confirm this. "

Liang Zhilin turned a page of the A4 paper in his hand: "At the crime scene, the defendant Wang Ziying took advantage of Zhang Minggang's undress and poor visibility to push Zhang Minggang into the septic tank he had planned in advance. His behavior was completely consistent with intentional homicide. elements of crime.

The defender just said that Wang Ziying's behavior constituted legitimate defense, but Zhang Minggang's rape had stopped. What was Wang Ziying defending? "

"That's right, how could my son be raped? This little bitch seduced my son!"

Yang Shuzhen echoed in a low voice.

The three judges glared at her at the same time, and Liang Zhilin felt as bad as if he had eaten rice.

Although I am accusing Wang Ziying, this is my duty as a public prosecutor. Why do you sound like I am your thug?

And don’t you have any idea about your son doing such dirty things?

It’s so embarrassing to say it!

"The prosecutor said that Zhang Minggang had no subjective intention to rape. This was entirely based on speculation from the perspective of an outsider."

Ren Zhen didn't even look at Yang Shuzhen: "Whether Zhang Minggang's subjective intention to rape has disappeared is not determined by whether he thinks he was raped.

According to the provisions of our country's criminal law, rape is objectively the use of violence, coercion or other means to make women unable to resist, dare not resist, or do not know how to resist, and take the opportunity to commit adultery.

We can see from the surveillance video that Zhang Minggang directly stopped Wang Ziying who was trying to leave around him, and started to tear Wang Ziying's clothes. The two were in a stalemate for nearly three minutes.

Moreover, during this process, Zhang Minggang also made verbal threats. Judging from his behavior, it was completely consistent with the objective use of violence and other means, which made Wang Ziying dare not resist. '

And Wang Ziying proposed that she be willing to change places to have a relationship with her, which was also based on this premise. "

Hearing this, Liang Zhilin looked unhappy: "Perhaps it was for this reason that Wang Ziying suggested changing places, but in Zhang Minggang's view, Wang Ziying was already willing to have a relationship with her and had no use of coercion at all. necessary.

Therefore, Zhang Minggang had absolutely no intention of committing adultery subjectively, and the subjective elements were excluded. After arriving at the scene of the crime, Wang Ziying no longer faced the real risk of being raped.

Therefore, Wang Ziying's behavior of pushing Zhang Minggang into the septic tank was a post-mortem defense, not even an excessive defense. "

Well, so the focus now is, after leaving the roadside, did Wang Ziying face a real risk of being raped?

If the answer is yes, then her pushing Zhang Minggang into the septic tank was self-defense.

But if the answer is no, then as Liang Zhilin said, subsequent defense must be based on intentional homicide.

"The prosecutor's understanding of the crime of rape is biased."

Ren Zhen felt a little helpless. In fact, he completely understood. Just as they tried every means to find a defense angle for the client after they got the case, the prosecutor would also try every means to find an angle to incriminate the defendant after getting the case.

The nature of their work determines that their thinking is biased towards incrimination. Simply put, everything looks like a crime.

Especially on controversial issues.

“The most essential feature of the crime of rape lies in whether the perpetrator’s behavior was against the woman’s will, not whether the perpetrator believes that it is rape.

Now that Zhang Minggang is dead, we have no way of knowing what he was thinking at the time, but no matter what Zhang Minggang was thinking at the time, what we can confirm is that when Wang Ziying said that she was willing to have a relationship with Zhang Minggang, what was inside her heart? willingly.

Moreover, this reluctance came from Zhang Minggang's three-minute tug-of-war and the verbal threats Zhang Minggang made to Wang Ziying.

Under this unwilling expression, even if Zhang Minggang really felt that Wang Ziying was voluntary, if the two really had sexual relations at this time, his behavior would definitely constitute rape, and there is no second possibility. ! "

"That's it!"

Wei Shuangyan in the auditorium held Duan Baiyun's hand and nodded repeatedly.

The judge looked at them helplessly but said nothing.

"So even though the two of them did not come into contact or exchanged a word for more than 100 meters, and Zhang Minggang did not touch Wang Ziying again, Wang Ziying still faced the possibility of being raped at any time. possible.

Under such a possibility, I would like to ask the prosecutor, do you still think that the law does not allow Wang Ziying to push Zhang Minggang into the septic tank? "

Ren Zhen looked at Liang Zhilin and asked seriously.

"This"

Liang Zhilin hesitated.

When he received this case, he immediately thought about whether Wang Ziying might have acted in self-defense. However, after seeing the two walking more than 100 meters harmoniously, he felt that Zhang Minggang's rape had stopped.

After all, if Zhang Minggang was raped later, even if it was an attempted rape, you still have to act, right?

But Zhang Minggang had just followed Wang Ziying so far and was stunned without moving a hand. As soon as he stopped and started to take off his clothes, he was pushed into the septic tank.

Even if he wants to rape, he hasn't started yet, right?

So after a brief discussion with Yuan Youming, we decided to prosecute him for intentional homicide.

justifiable defense? The prerequisite rape is gone, so where is the legitimate defense?

He still thought so until five minutes ago.

But after hearing what Ren Zhen said, he began to waver.

Thinking about it carefully, what Ren Zhen said seems to be right?

Liang Zhilin is a little red-hot.

Damn it, there are too many cases and I don’t have enough time to study them one by one carefully. It seems that I was hasty this time!

(End of this chapter)