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

Chapter 214 He said he was going to kill me

"Prosecutor?"

Seeing that Liang Zhilin had no intention of speaking, Xiao Guozhu reminded him.

Behind him, two judges, Xin Jiangchun and Ning Yuanqing, had quietly gathered together to discuss.

"This should be considered rape, right?"

"Well, forget it, if these things didn't happen later, Wang Ziying really had sex with Zhang Minggang under such circumstances, and Zhang Minggang was definitely raped."

"Then since it was rape, it should be self-defense."

"Just looking at the push into the manure pit, it's no problem for self-defense, but the problem is that she stepped on it so many times later, it's hard to judge."

"What a cesspit? It's a septic tank. Can you be more strict?"

"Isn't that still a cesspit?"

Listening to the two colleagues discussing in low voices behind their seats, Xiao Guozhu presided over the continuation of the trial while trying to capture the information behind with his ears propped up.

“A word about this part”

Liang Zhilin hesitated for a long time, flipping through the files in his hands, and finally spoke slowly:

"The prosecutor has no other opinion at the moment."

Well, no other comments, for now.

Although he felt that Zhang Minggang's rape was indeed not over, Liang Zhilin did not say it directly.

If this is recognized, there will be no need to open the subsequent court.

"We will not discuss for the time being the nature of Wang Ziying's act of pushing Zhang Minggang into the septic tank, nor will we consider for the time being whether Zhang Minggang's rape had ended when he arrived at the crime scene."

We won’t discuss it all for now, so what are you going to discuss?

Xiao Guozhu rolled his eyes. If it weren't for the prosecutor, I would shut you up and there would be no need to discuss anything.

"After Zhang Mingguang fell into the septic tank, the danger Wang Ziying faced has been completely eliminated."

Liang Zhilin slowly calmed down. Well, although there were a few mistakes in the front, luckily he had made preparations later.

"Even if Wang Ziying pushed Zhang Minggang into the septic tank, it could be considered legitimate defense, but after Zhang Minggang fell into the septic tank, she no longer had the defense to pursue him.

Legitimate defense is to defend against ongoing illegal infringement, but Zhang Minggang has already fallen into the septic tank, and the illegal infringement has completely ended.

However, while Zhang Minggang was climbing up, Wang Ziying stepped on Zhang Minggang's fingers, preventing him from successfully climbing out of the septic tank.

This behavior repeated three times, eventually causing Zhang Minggang to become exhausted, fall into the septic tank, and eventually suffocate to death.

Wang Ziying stepped on Zhang Minggang's fingers three times, which directly caused Zhang Minggang's death, with obvious murderous intent.

Even taking into account what Zhang Minggang did to Wang Ziying before, and at this time he has lost the ability to continue to infringe, Wang Ziying's behavior should still be regarded as subsequent self-defense, and he should be held criminally responsible for intentional homicide. "

When Liang Zhilin was silent just now, hope had been rekindled in Wang Ziying's heart.

During those days in the detention center, Wang Ziying was filled with the fear of killing someone.

After meeting Ren Zhen, she gradually understood the concept of self-defense. Ren Zhen had the upper hand in the confrontation with Liang Zhilin just now, and she almost felt that she was about to be acquitted.

But Liang Zhilin's next discussion made her heart feel cold again.

So that’s it, I can push him down, but I shouldn’t step on him, right?

In just a few seconds, Wang Ziying's heart was filled with regret.

He has already fallen, why should I still pay attention to him?

Can't I just turn around and run?

Now that it's all right, let's step on it a few times and land yourself in prison, right?

On the trial bench, the three judges moved their chairs without leaving a trace and sat closer.

"Let me just say, people have fallen into the manure pit. It is definitely inappropriate to step on them so many times. The prosecutor and I want to go together."

Xin Jiangchun said that heroes have similar views.

"So does the prosecutor admit it? At least when he first arrived at the scene of the crime, it was okay for the defendant to push him."

Xiao Guozhu nodded in approval: "There should be no dispute on this point. Now it depends on how the defendant steps on it later."

"What the prosecutor said makes sense."

While the judges were discussing, Ren Zhen also thought briefly for a while:

"But what the prosecutor ignored was that when Zhang Minggang was climbing up, he was talking at the same time."

Ren Zhen looked at the judge: "President, could you please ask the defendant to recount what the victim said at the time of the crime?"

Xiao Guozhu nodded: "Okay."

Seeing everyone looking at her again, Wang Ziying, who had just fallen into self-doubt, felt a little panicked. After calming down for a while, she began to recall:

"He said at that time, he said

He just started to move up a few times, and his hands were already on top, and I could already see his head.

When he saw me, he said fiercely, "You dare to push me, right? I won't kill you when I come up to see you!" "

Wang Ziying even imitated Zhang Minggang's vicious tone, and then quickly softened:

“I originally wanted to run, but after hearing what he said, I couldn’t.

I didn’t think too much, I just thought I couldn’t let him climb up, otherwise he would definitely hit me again, so I just stepped on him.”

"Did Zhang Minggang say anything else when he climbed up for the second time?"

Ren Zhen asked next.

Liang Zhilin was already a little unhappy at this time. The questioning session was already over. Why did he keep asking questions?

But this was approved by the presiding judge, and there was nothing he could do to stop it.

"Have."

Wang Ziying nodded quickly: "He said you're going to step on me again? I'll beat you to death if you step on me again!"

You, you little bitch, I must rape you first and then kill you, then rape you and then kill you."

The following words became more and more outrageous, and Wang Ziying was unable to repeat them.

"Son of a bitch! Die well!"

This was the first time Duan Baiyun heard this, and it was said from the mouth of the victim's daughter. Tears immediately came out. He roughly found a direction and cursed in the direction of Zhang Jiaping and Yang Shuzhen.

"Who are you scolding? Be careful what you say!"

Zhang Jiaping's face turned red early, "It's impossible for my son to say such things. It's all just one-sided words from this woman. You can't believe it, judge!"

"Control your emotions!"

Xiao Guozhu picked up the hammer and knocked twice, and finally controlled the scene: "You must not speak without permission, otherwise the court will be cleared!"

Ren Zhen asked again at the right time.

"Gone."

Wang Ziying lowered her head: "But my mind went blank at that time. When I saw his fingers coming up again, I stepped on him again."

"Ah."

Ren Zhen signaled that he had finished asking, and turned to Liang Zhilin: "So while Zhang Minggang was climbing up, he was still threatening Wang Ziying.

The prosecutor said that Zhang Minggang had lost the ability to continue the abuse after falling into the septic tank, but this was only an analysis made after the fact on the sidelines of the case.

What we have to consider is that when Wang Ziying, the party involved, heard these threats from Zhang Minggang, she was unable to judge whether Zhang Minggang still had the ability or possibility to continue to violate her. "

"The defender said that I was standing outside the case and doing post-mortem analysis, so how could you not be the same?"

Liang Zhilin retorted: "There is no surveillance video at the crime scene and no witnesses.

You said that Zhang Minggang was still threatening Wang Ziying when he climbed up. This inference is entirely based on Wang Ziying's unilateral confession.

But none of us know what the crime scene looked like.

It is possible that Zhang Minggang did threaten her as Wang Ziying said, but it is also possible that it was not what Wang Ziying said.

After Wang Ziying pushed Zhang Minggang into the septic tank, Zhang Minggang didn't say anything and just struggled to climb up. However, when the real danger he faced had completely disappeared, Wang Ziying stepped on Zhang Minggang's fingers three times in a row.

It is true that the defender's inference makes some sense, but your inference is entirely based on Wang Ziying's statement, which is really not very convincing. "

"Look, I'm just saying that their lawyers are just talking nonsense and talking nonsense!"

After being warned several times by the judge, Zhang Jiaping did not dare to speak loudly anymore. He just covered his mouth and whispered to Yang Shuzhen to show off his foresight.

"The prosecutor also said that it could be one way or the other."

Ren Zhen didn't panic at all, "So on this controversial point, the case is doubtful, right?"

"Yes, only Wang Ziying's own statement is of course doubtful. This."

Liang Zhilin just said a few words of course, and then he was stunned.

On the trial bench, the three judges looked at each other and knew that Ren Zhen had grasped the crux of this dispute.

In criminal proceedings, if there is doubt about the case, there is a standard called the principle of favoring the defendant.

If there are uncertainties in the case, an explanation must be made from a perspective that is beneficial to the defendant, and a statement that is relatively favorable to the defendant must be adopted.

In fact, this principle is the refinement of the principle of "suspicious guilt shall be given lightly, and suspected crime shall be exonerated" in criminal proceedings.

Now as to whether Zhang Minggang threatened Wang Ziying when he climbed up, there is only one confession from Wang Ziying. The confession may be true or false.

So when the prosecutor has no other evidence, he can only adopt an argument that is favorable to Wang Ziying, that is, what Wang Ziying said is true, and Zhang Minggang did threaten Wang Ziying when he climbed up.

"What do you mean by doubt?"

Yang Shuzhen asked her husband next to her in a low voice.

"I didn't even make this thing."

Seeing that the prosecutor's expression seemed wrong, Zhang Jiaping shook his head. If he had known, his quality would not be so worrying.

"But even if Zhang Ming had threatened him when he climbed up, Wang Ziying could not stop him from climbing up by stepping on his fingers."

Even so, Xiao Guo's head grew bigger when he heard Liang Zhilin say a few words.

“Imagine, you pushed a person into the water, and he said he would beat you to death when he came up, would you stop him from coming up?

I think the law obviously won't allow such a move. "

Liang Zhilin quickly changed directions and stopped dwelling on the doubtful part: "It is a person's instinctive reaction to fall into a septic tank and climb up.

Being pushed into a septic tank, it is reasonable to say some extreme words.

Wang Ziying was the one who pushed Zhang Minggang down. She could not demand Zhang Minggang not to say a word, nor should she assume that Zhang Minggang could take away his life just because Zhang Minggang made some inappropriate remarks.

We have just said that after Zhang Minggang fell into the septic tank, the real danger Wang Ziying faced had disappeared, and she could completely escape the scene.

But instead of leaving, she took the most extreme method and ended Zhang Minggang's life. "

Liang Zhilin looked at the pale Wang Ziying: "I believe what Wang Ziying said, I believe she was scared when she stepped on Zhang Minggang's finger, and I also believe her mind was blank, but this does not excuse her innocence.

When Zhang Minggang had finished raping her, she stepped on the fingers of Zhang Minggang, who was struggling to survive. There is only one explanation, and that is that Wang Ziying had infinite hatred for Zhang Minggang. Zhang Minggang's violation of her before the incident made her lose her Gained sanity.

That's why Wang Ziying gave up the chance to escape and instead used the method of stepping on her fingers. Three times, Zhang Minggang left this world.

Although there was a reason for the incident, this does not change the fact that Wang Ziying defended himself afterwards. Therefore, his behavior should be punished as intentional homicide! "

Liang Zhilin pointed out that Wang Ziying's behavior was not allowed by law.

What exactly is post-mortem defense?

Wang Ziying's limited legal knowledge was not enough to support her in analyzing the current situation, and she once again turned to Ren Zhen for help.

"The example given by the prosecutor is very vivid. If I push a person into the water and he climbs up while scolding me or even saying that he wants to beat me to death, it seems that I shouldn't stop him from climbing up, right?"

Liang Zhilin crossed his arms and nodded without hesitation: "Of course, when he said he wanted to beat you to death, he was just showing his intention to kill you, and he may not really mean to beat you to death.

Expressing thoughts is not a crime, so expressing a desire for revenge during the process of climbing up cannot be considered an act of murder, and self-defense naturally does not exist. "

"But the prosecutor should not forget that Wang Ziying did not push Zhang Minggang down for no reason."

Liang Zhilin's words had noses and eyes, and he was about to surround everyone present. Ren Zhen pointed out the flaws in his words in time:

"Zhang Ziying pushed Zhang Minggang into the septic tank after being violated by Zhang Minggang."

So?

Liang Zhilin didn't react for a while. Is there any difference?

Of course there are.

"We have just discussed that from the road where the two met to the crime scene, before Wang Ziying pushed Zhang Minggang into the septic tank, she was always in real danger of being raped, right?"

Yes, that's right, so her pushing was considered self-defense.

But this is not the same as her stepping on her back.

"Perhaps the prosecutor thought that after Wang Ziying pushed Zhang Minggang down, the danger she faced had been eliminated, but in fact this was not the case."

Ren Zhen shook his head and looked at Wang Ziying: "It's the same sentence, this is the conclusion we came to after the analysis from God's perspective.

But from Wang Ziying's perspective, the most important thing is whether she feels her danger has been eliminated! "

(End of this chapter)