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

Chapter 215 The Supreme Court said this, do you disagree?

"You are assuming that Zhang Minggang will harm Wang Ziying after he climbs up, just to exonerate her with strong arguments!"

Liang Zhilin expressed his opposition:

"What we want to see is that Zhang Minggang has fallen into the septic tank. After he climbed up, how could he still harm Wang Ziying?

The concept of self-defense cannot be abused just because you assume what he will do when he climbs up.

From the moment she left the road, Zhang Minggang had not made any actual infringement on Wang Ziying. Even if Wang Ziying chose other ways to mediate due to fear, her right to legitimate defense had been exercised when she pushed Zhang Minggang into the septic tank. .

Wang Ziying's behavior of stepping on Zhang Minggang three times after he fell into the septic tank is no longer legitimate defense in the traditional sense.

From the perspective of criminal law, Wang Ziying could fully foresee that her act of stepping on Zhang Minggang's fingers might cause Zhang Minggang's death by drowning, so she allowed Zhang Minggang's death and had indirect intention for Zhang Minggang's death.

Wang Ziying's behavior undoubtedly constituted self-defense and should be treated as intentional homicide. "

The court debate has reached an impasse at this point.

The three judges also frowned, each with their own thoughts.

The prosecutor insisted that Zhang Minggang's illegal assault had completely ended after she fell into the septic tank. Wang Ziying no longer faced the real risk of being raped, so her stepping on her fingers did not constitute legitimate defense.

The defender believes that whether the danger faced by Wang Ziying has been eliminated must be viewed from Wang Ziying's perspective. This view undoubtedly constitutes legitimate defense.

So what is it?

The judge was also wavering in his mind, unable to make up his mind.

"If the prosecutor insists that Wang Ziying should not continue to defend herself after Zhang Minggang fell into the septic tank, then I would like to ask the prosecutor a question.

If you were in Wang Ziying's position, facing a drunkard who just wanted to rape you and was brought here and pushed into the septic tank by you, he climbed up and said that he was going to beat you to death.

Do you think he is just trying to scare you? Or do you think he won't commit any infringement against you after he comes up? "

Faced with Ren Zhen's question, Liang Zhilin stepped in for a moment, opened his mouth, and could no longer speak.

Well, is this the perspective of ordinary people in society?

Xiao Guozhu and the other two colleagues looked at each other, and everyone realized what Ren Zhen meant through this example.

"I think any normal person can guess that after Zhang Minggang climbed up, he had almost 100% intention of retaliating against Wang Ziying.

Given this premise, does the prosecutor still insist that Wang Ziying's behavior did not constitute legitimate defense? "

"That's right, if it were me, I would not only step on his fingers, but I would also throw a few pieces away and turn around!"

In the auditorium, Wei Shuangyan, who had been angry for a long time, couldn't help but complain.

Her muttering in a low voice only attracted a glance from the judge, but did not actually drive her out of the courtroom.

"But Wang Ziying could obviously escape, so why did she have to choose such an extreme move? Doesn't this prove that she had the intention to kill?"

Liang Zhilin held it in for a long time and finally said this.

“Only emergency evasion has special restrictions on means, and the law does not limit the means that must be used for legitimate defense.

What you are saying is like saying, if I hit a mugger and smash his head, why should I use a brick unless you could call the police? So isn't my behavior just self-defense? "

The prosecutor opposite was obviously at the end of his rope, and Ren Zhen felt it was time to add more firepower:

"As we sit in court today, we cannot expect Wang Ziying to be as calm and rational as we are on the night of the incident.

We need to restore the situation at the time of the crime and put ourselves in my shoes. As a weak woman walking alone late at night, a drunk man just violated me. Although it was not the last step, he almost tore off my clothes.

Now I finally pushed him into the septic tank. As he climbed up, he said he wanted to take revenge on me. If he really comes up, will my personal safety be guaranteed?

The guidance on the application of self-defense just issued by the Supreme People's Court and the Supreme People's Procuratorate points out that when facing cases that may constitute self-defense, it is necessary to base on the specific case circumstances and accurately determine the case in accordance with the law.

We must base ourselves on the specific situation in which the defender is defending, comprehensively consider the overall process of the case, and combine the possible reactions of ordinary people in similar situations.

It is necessary to fully consider the emergency state and nervousness of the defender when facing illegal infringement, and avoid judging the defender afterwards based on calm, rational, objective and accurate standards under normal circumstances.

Even the Supreme People's Procuratorate believes that we need to comprehensively grasp the situation. Isn't it a bit contrary to the spirit of the guidance for the prosecutor to separate the circumstances of the case before and after the day of the incident? "

"I"

Liang Zhilin felt a tightness in his chest and almost couldn't breathe.

Are you trying to pressure me with guidance?

On the trial bench, Xiao Guozhu almost stopped laughing.

Ren Zhen's last two sentences were almost pointing at Liang Zhilin's nose and asking, are you right or is the guidance right?

Do you think you know more about self-defense than the Supreme People’s Court and the Supreme People’s Procuratorate?

"Prosecutor, do you have anything else to say about the defender's opinions?"

Although the biggest focus of controversy has not yet been resolved, the two sides obviously have no other new opinions. Xiao Guozhu knew that the trial should continue to move forward.

"The prosecutor insists that Zhang Minggang's illegal infringement ended after Wang Ziying pushed Zhang Minggang into the septic tank, and Wang Ziying's behavior should not be considered legitimate defense."

Liang Zhilin summed it up hastily and sat back in the prosecutor's seat depressed.

"What about the defender?"

Xiao Guozhu looked at Ren Zhen.

"The defender believes that regarding Wang Ziying's act of stepping on Zhang Minggang's finger, we need to comprehensively review the entire case to ensure that the findings are well-founded in law, justified, and compatible with circumstances, and are in line with the people's concepts of fairness and justice."

Ren Zhen's summary did not directly mention self-defense, but instead clicked on the content of the guidance.

Xiao Guozhu smiled bitterly and shook his head. Is this consistent with the concept of fairness and justice?

Does this mean that if we do not recognize legitimate defense, the sentence will be unfair and unjust?

"Defendant Wang Ziying, you can make your final statement."

The court debate was finally over. Xiao Guozhu rubbed his temples, feeling that the court session was extremely torturous.

What I fear most are cases where the facts and evidence are indisputable, but the nature of the case is ambiguous.

Such cases are difficult to prosecute, difficult to defend, and difficult for their judges to try.

And the more unclear the nature of a case, the more likely it is to cause controversy.

It's okay that this is a closed case today, but even so, when the verdict comes out, there will still be some doubts.

When doubts reach a certain level, as a judge, trouble will follow.

"I, I really didn't want to kill him."

Ren Zhen and Liang Zhilin had a heated argument. Wang Ziying was still on tenterhooks at first, but by the end her brain was turned into mush.

Now it was finally his turn to speak, but he didn't know what to say.

"It's strange you didn't think about it! You are a murderer!"

Yang Shuzhen slammed the table and did not accept Wang Ziying's statement at all.

"quiet!"

Xiao Guozhu can no longer remember how many times he has maintained order in the court today, and it has even become a subconscious action. “Be quiet, be quiet, why are you so loud?”

Yang Shuzhen sat back down as soon as she left the chair, muttering in a low voice: "Just because you are a judge, you know how to shut us up. Isn't the judge amazing?"

"Wang Ziying, please continue."

Xiao Guozhu couldn't wait to end the trial and was too lazy to argue with Yang Shuzhen anymore, so he let Wang Ziying continue.

"I really didn't want to kill him, and I didn't know people could really drown in cesspools."

When Yang Shuzhen pointed at her nose and scolded her as a murderer, Wang Ziying couldn't stand it any longer. She tried her best to sniff twice, but two lines of tears still flowed from her eyes:

"I really wanted to leave, but seeing that he was coming up soon, I was really afraid that he wouldn't let me go.

I killed a life, I admit it, but if he didn't block me on the road, if he didn't move his hands or feet, if he didn't tear my clothes off, I wouldn't think of pushing him into the pit!

He is a well-known street kid. He usually dares to stop in front of our work unit and molest young girls. I bump into him in the middle of the night. Can I not be afraid?

It doesn’t matter if he is dead now, I can be regarded as doing justice for heaven and getting rid of a disaster."

Ren Zhen and Chang Jiahang were stunned.

I was still crying just now. Why did I seem to be going astray while talking about this?

Isn't this girl stunned?

"Anyway, the person is dead. If I am really responsible, I, Wang Ziying, will not run away. If I do something wrong, I will have to bear it. I have nothing to be afraid of!"

Wang Ziying had wiped away her tears. The more she talked, the more she felt she had nothing to be afraid of:

“It’s just that my mother is old and I am the only one in the family. I hope the judge can give me a lighter sentence so that I can have the opportunity to provide for my mother in her old age after I am released.

And Lawyer Ren and Lawyer Chang, thank you for running around for my matter. You have worked hard during this time.

Sister Wei, after today is over, I have to trouble you to send my mother home. Please explain to the neighbors again. I hope they can help my mother from time to time. I will definitely remember them well in the future.

Thank you! "

After finishing speaking, Wang Ziying bowed deeply toward the defense table and twice toward the auditorium.

"My silly girl, this is not your fault!"

Duan Baiyun burst into tears and tightly grasped Wei Shuangyan's sleeves.

She could only see the blurry shadow moving around not far away, but she couldn't see her daughter's face clearly.

Ugh.

Seeing this scene, both Ren Zhen and Liang Zhilin felt sad.

Although Wang Ziying is not someone else's child and does not earn much money, she has still worked hard for so many years.

If nothing else happens, she will find a similar man to get married, and then she will provide for her old mother until she retires.

But she happened to meet Zhang Minggang on the way to get off work. Now he is dead, but the living one is in agony.

Damn it!

"The defendant has finished his statement, and today's trial ends here."

Xiao Guozhu and the other three also sympathized with Wang Ziying and her daughter, but now was not the time to overflow their sympathy. They had to quickly discuss how to judge this case.

Xiao Guozhu picked up the gavel and said: "The court will be adjourned for an hour now. After deliberation, the collegial panel will make a verdict on this case in court!"

Boom!

Several judges left the courtroom through a side door.

"Hmph, you little bitch, the judge will definitely sentence you to death and make you pay for my son's life!"

As soon as the judge left, Zhang Jiaping no longer concealed his malice and showed his ugly face towards Wang Ziying.

"If you don't pay us compensation, we won't issue you a letter of understanding. I don't see how long this old guy can survive without you!"

She obviously had a lot of dealings with Duan Baiyun in the early stage. Yang Shuzhen had no sympathy for this rural woman who was several years older than herself and in poor health.

"Who doesn't know what that son of yours is? Even an old blind man like me has heard others say that your little bastard deserves to die!"

Although Duan Baiyun could not see clearly, he did not lose at all in the confrontation: "Your son deserves to die for bullying my daughter!

It’s not like you two old bastards don’t know how to behave, then my daughter will teach that little bastard how to behave!

It’s best to be a human being in the next life! "

"Mom! Don't pay attention to them!"

Wang Ziying shouted.

"you you you you."

Zhang Jiaping's lips trembled in anger.

"Can you please just calm down? If you make any more noise, I'll call the bailiff!"

The clerk was sorting out the court transcripts. When he heard them arguing, he dropped the keyboard, and the court fell into silence.

Looking at his posture, Ren Zhen had no doubt that if they argued again, the clerk would probably throw the keyboard into their faces.

"With such a small salary every day, Madd still has to listen to your quarrels. It's so annoying."

The clerk muttered, and the sound of the keyboard slowly started to sound again.

"Is it self-defense? Let's make a statement."

The judges did not go far, and even heard the quarrels in the court. Xiao Guozhu glanced through the crack in the door and found that the clerk was in control. He breathed a sigh of relief and closed the door again.

"From the side of the road to the edge of the cesspool, the first push was self-defense. There's nothing wrong with that, right?"

Xin Jiangchun said something.

"What a cesspit, that's a septic tank!"

Ning Yuanqing curled his lips: "That push is fine, it's a proper self-defense. The prosecutor's indictment states that he was completely clueless, so don't pay attention to him.

The problem now is to step on the last three legs. Both sides insist on their own opinions, and it is indeed difficult to judge. "

"In fact, intuitively I would like to think it is self-defense."

Xiao Guozhu leaned against the wall and hammered his waist: "But you want to say that these three kicks are legitimate defense? What kind of behavior is it legitimate defense?

rape? then what? I don’t think it can even be counted. "

"Well, it's really hard to judge."

Ning Yuanqing agreed: "If it is legitimate defense, then we must first clarify the target of legitimate defense, that is, what exactly is the illegal infringement.

But you say, after Zhang Ming was pushed into the manure pit, even if he said he was not clean, it couldn't be considered rape, right? "

(End of this chapter)