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

Chapter 216 The danger never disappears

"That's true."

Xin Jiangchun sighed: "Even if everyone knows that Zhang Ming will definitely do something to Wang Ziying after he comes up, but he hasn't done it yet after all."

"Why is it so difficult? Can't this kid just go home and sleep after drinking? How can he learn how to tease girls on the road in the middle of the night? I'm really speechless!"

Xiao Guozhu couldn't help but cursed.

"Is he still teasing you? Wang Ziying's clothes are torn. You can tell just by looking at the surveillance camera that riding on a horse is rape!

This means that Wang Ziying can't beat him, otherwise she won't be responsible if she beat him to death on the spot, why is it so troublesome! "

Despite the scolding, the case still has to be adjudicated.

"Let's stroke it again."

Xiao Guozhu straightened up and rubbed his waist again: "Zhang Minggang stopped Wang Ziying on the side of the road with the intention of raping her.

Wang Ziying resisted for three minutes, and then she suddenly said that she wanted to change places. Zhang Minggang followed and walked more than 100 meters.

Although no hands or feet were used for more than 100 meters, Wang Ziying still faced the risk of being raped, so pushing Zhang Minggang into the manure pit was self-defense, and she did not need to be responsible until now.

Then, when Zhang Ming was climbing up, he made a threatening move, so Wang Ziying stepped on his fingers three times in a row.

Now there are two choices. First, if it is determined that Wang Ziying was engaged in self-defense, then she must be sentenced as intentional homicide.

Second, it was determined that Wang Ziying was in legitimate defense, but now we need to make it clear who she was defending against. "

Well, I figured it out very clearly, but I got stuck at the last step.

Xiao Guozhu rummaged through it and found that 80% of the verdict had been written in his mind, but it was the last 20% that he couldn't hold back.

This kind of pain is like being in the exam room when you were in school, studying the last question for half an hour, and finally turning in a blank paper.

"According to the prosecutor's thinking, from the moment Zhang Minggang fell into the manure pit, Wang Ziying no longer faced real danger."

Xin Jiangchun said hesitantly: "Then conversely, what if we think that the danger facing Wang Ziying has not been eliminated?"

Ok?

Xiao Guozhu and Ning Yuanqing looked over: "Go on."

"We have been trying to find out what dangers Wang Ziying faced when she stepped on her fingers. Is it possible that the dangers she faced have never changed?"

The more Xin Jiangchun talked about it, the more he felt that there was nothing wrong: "Although in our opinion, Zhang Minggang's rape was most direct when he was on the side of the road, but he did not succeed for the time being. His rape was not obvious when he left the road, but Wang Ziying was still in At risk of being raped.

But if we keep standing in Wang Ziying's perspective, we will find that even after she pushed Zhang Minggang into the manure pit, the danger she faced did not stop.

One minute she was worried about whether Zhang Minggang would rape her, and the next minute Zhang Minggang crawled out of the pit and said he wanted to rape and kill her.

The threat of rape she faced actually never disappeared, but after Zhang Minggang fell into the manure pit, the threat further escalated, from the threat of rape to the dual threat of rape and murder. "

Xiao Guozhu and Ning Yuanqing's eyes lit up.

Wonderful!

Previously, they had been limited by the thinking proposed by Liang Zhilin, only thinking that the rape had stopped after Zhang Ming fell into the septic tank, so they were never able to accurately locate the target of Wang Ziying's defense.

But now the idea proposed by Xin Jiangchun directly opened up the situation before and after Zhang Minggang fell. The rape never ended, but later turned into rape and murder!

If you think about it this way, there is no problem with self-defense!

Not only is it a legitimate defense against rape, it is also a legitimate defense against murder.

Although it is a bit of a contrivance, based on what Ren Zhen finally proposed, the spirit of the guiding opinions must be implemented, the entire case should be comprehensively grasped, and the state and psychology of the defender at the time of the crime should be taken into consideration, there is absolutely nothing wrong with this verdict!

"Then let's make this decision? Is it self-defense?"

Xiao Guozhu confirmed it one last time.

"It's just self-defense. If I were this girl, I would probably step on that kid's fingers."

Xin Jiangchun nodded in agreement.

"Where's Lao Ning?"

Xiao Guozhu looked at Ning Yuanqing.

"Jiang Chun's idea is okay, so let's call it self-defense."

Ning Yuanqing had no objection: "If Wang Ziying is sentenced to intentional homicide, I will have to get up and slap myself again in the middle of the night even if I fall asleep."

"Hahahaha, okay, our court sentenced two people to self-defense in a row. This is the first time in all my years as a judge that I have sentenced them to bastards!"

Xiao Guozhu waved his hand, and the three people unified their opinions.

In the court, Wang Ziying and Duan Baiyun were talking quietly a few meters apart. Both mother and daughter had tears in their eyes.

Others were sullen and looking at their phones.

After all, this tough clerk is really scolding when he is anxious. Who dares to talk nonsense?

The judge opened the door and came in. Wang Ziying, mother and daughter immediately stopped talking, and everyone sat up straight.

"The judge is so fast today."

Chang Jiahang came close to Ren Zhen's ear and whispered.

It was said that the court would be adjourned for an hour, but he came back in less than twenty minutes.

"Quick, it means they have the same opinion."

Ren Zhen stretched and felt very relaxed.

Seeing him so calm, Chang Jiahang was a little surprised. Why didn't Ren Lu look nervous at all?

If Ren really knew about his problem, he would probably only reply to him. Why be so nervous?

Except for the doubtful authenticity of Zhang Minggang's words at the crime scene, the other evidence and facts are quite clear.

But even doubtful evidence will be determined in accordance with the principle of benefiting the defendant.

In the past, if someone died, it is hard to say whether Wang Ziying's self-defense could be recognized.

However, the opinion of the Supreme People's Court and the Supreme People's Procuratorate on self-defense had just been issued. He had mentioned it twice during the court debate with the prosecutor just now. He did not believe that the judges would not take this into consideration.

You must know that although the guiding opinions have little effect in theory, they represent the direction of the domestic rule of law in a certain field.

Is it difficult to identify legitimate defense?

That was before.

From the day the guiding opinions appeared, a large number of typical cases of legitimate defense were destined to appear.

This will allow judges who originally wanted to rule on self-defense but dare not to do so to free up their hands and boldly apply the self-defense system.

If he was only 50% sure before the trial, after the court debate, seeing the judge's attitude towards his and the prosecutor's respective opinions, he was basically 89% sure.

"All rise!"

The judges did not even sit down and immediately began to announce the verdict.

"According to the laws of our country, this court has the corresponding jurisdiction over the case where the public prosecution agency accused the defendant Wang Ziying of intentional homicide. It formed a collegial panel in accordance with the law and tried the case in secret. The trial has now been concluded.

The public prosecution agency alleged that the defendant Wang Ziying, at about 20:21 in the evening on

In response to the accusations made by the public prosecution, combined with the facts of this case and the existing evidence, this court believes that the victim Zhang Minggang stopped the defendant Wang Ziying on the roadside 500 meters south of the XX Township Government with the intention of raping her.

According to the provisions of my country's criminal law, Wang Ziying has the unlimited right to defend against her rape. If she causes casualties to the unlawful offender during the defense process, she does not need to bear criminal responsibility. "

Wang Ziying clenched her fists tightly, and her joints were even a little white from the exertion. She knew that the judge's next words would be the key to determining how she would spend the rest of her life.

"Although Zhang Minggang did not communicate with Wang Ziying when he arrived at the crime scene from the roadside, nor did he take any further infringement, the danger Wang Ziying faced has not been eliminated, so his act of pushing Zhang Minggang into the septic tank falls within the provisions of the criminal law. legitimate defense.

After Zhang Minggang fell into the septic tank, he threatened Wang Ziying while climbing up. Based on the facts of the entire case, this court believes that the danger Wang Ziying faced did not disappear because Zhang Minggang fell into the septic tank.

Even because her defensive behavior aroused Zhang Minggang's anger, the real danger faced by Wang Ziying further escalated. If necessary defensive behavior is not taken in time, her personal safety is very likely to be damaged.

Therefore, Wang Ziying stepped on Zhang Minggang's finger three times in a row, causing it to slip off due to exhaustion and eventually suffocate to death. This was a defense against an ongoing and comprehensive illegal infringement. She should not be held criminally responsible for Zhang Minggang's death according to law!

The defendant Wang Ziying is not guilty and sentenced."

Snapped!

Yang Shuzhen slipped from the chair to the ground, her eyes filled with disbelief.

How can it be?

Did my son die in vain? !

"God bless! God bless!"

Duan Baiyun's ears were pretty good. After hearing the words "released in court", he immediately clasped his hands together and murmured in his mouth.

I am not guilty!

Wang Ziying covered her mouth and tears fell silently.

From the day she entered the detention center, she had been worried. If she went to jail or even was shot, how would her old mother live?

Are they really going to get their mother and daughter involved because of that scumbag Zhang Minggang?

Wouldn't that mean one corpse and three lives?

After finally hearing the result, Wang Ziying's huge psychological pressure immediately dissipated, and she could no longer bear the grievance in her heart.

“This judgment is a first-instance judgment. If the public prosecution agency has objections to this judgment, it may lodge a protest with the higher authority within the specified period.

After the trial, the judgment will be prepared and served to all parties within the specified time limit. "

Boom!

With the fall of the gavel, the trial ended.

Protest? Have an objection to the verdict?

Liang Zhilin curled his lips, if it were before, maybe I would really be able to protest.

but now? Come on.

The issue of characterization of self-defense is inherently difficult. The prosecution and defense have already said what they need to say. How to determine it is your judge’s business.

If it had been left to the past, this case would most likely not have been ruled as self-defense. The most likely would have been to find an excuse, arrange it as excessive defense, and give the child a lighter sentence.

But now that the guidance has just been released, the judges’ decision-making preferences will definitely change.

The defense lawyer across from me just clicked on me once. I'm not stupid, why should I resist? Let's just do it.

Liang Zhilin stretched his body. I am also a human being, and I have empathy. This girl is very pitiful. It is just self-defense, which is fine!

"No, judge, how can this be self-defense?"

Zhang Jiaping was still honest at this moment and asked politely: "Then how do we calculate the compensation for the attached civil lawsuit?"

"Attached with a civil lawsuit?"

He still wants compensation. Is this old man crazy about money?

Xiao Guozhu glanced at him and said calmly: "Wang Ziying acted in self-defense and does not need to bear criminal responsibility, which means she has no responsibility at all.

There is no liability, including civil liability of course, so no compensation is required. "

"No compensation is required? How can that be done?"

Zhang Jiaping was anxious, why is this different from what the lawyer said on the Internet?

He said that if one of us dies, there will definitely be compensation. Could it be that that guy is setting me up? I spent 200 yuan in consulting fees!

"Then you mean that my son will die if he dies, right?"

It took Yang Shuzhen a while to calm down, get up from the ground, look at Wang Ziying who had been released and hugged Duan Baiyun, and then looked at the judge:

"She killed my son and just let her go?"

"Why not?"

Having long been impatient with this chaotic couple, Xiao Guozhu's tone gradually became irritable:

"Your son has done something wrong. Of course he is responsible for it himself. Are you still pointing fingers at others and burying him with you?"

Hearing Xiao Guozhu's rude words, Yang Shuzhen was stunned for a few seconds. She raised her arm and pointed at Xiao Guozhu's nose with her fingers shaking like a sieve:

“Okay, you’re a judge, that’s what a judge can say, right?

Please tell me clearly what my son did wrong!

Didn't he just drink a little and become a little confused?

Are you going to die if you say a few words on the road? Can't you just ignore him?

Do you deserve to die if you drink? You judges don’t have to be responsible for what you say, right?

"

As she talked, Yang Shuzhen's face was filled with runny nose and tears, which made Xiao Guozhu speechless.

"Sister, I really didn't say that."

Xin Jiangchun, who was next to him, added: "Did your son say a few words to others?

People are ignoring him. Do you really have no idea what he did?

Let’s not pretend to be confused because we understand, okay?

It's the 21st century now, and it doesn't mean whoever dies is justified.

If you are really worried about having no one to take care of you in old age, why don't you try harder to have another child? "

Ning Yuanqing pulled him, and Xin Jiangchun stuck out his tongue.

You old guy, you dare to say anything nonsense.

Ren Zhen and Chang Jiahang were also stunned, and even Liang Zhilin, who was about to leave after signing, stopped.

According to the rogue spirit of these two couples, they wouldn't give up so easily, would they?

As expected, Zhang Jiaping and Yang Shuzhen were anxious at the same time: "Can you, the judge, speak?

I will sue you! "

"Go ahead and make a complaint. There is a window in the lobby on the first floor dedicated to complaints!"

Xin Jiangchun gave them directions with a sneer, while avoiding Zhang Jiaping's hand pulling his collar:

"I'm telling you, if you have something to say, it's your right to complain, but if you take action"

Snapped--

With a crisp sound, Zhang Jiaping lost his balance and knocked his head on the clerk's desk.

A big hole suddenly broke through the thin table board, revealing the messy host circuits in the table. Zhang Jiaping patted the dust on his butt and was unscathed.

Everyone:? ? ? ?

table:? ? ? ?

(End of this chapter)