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

Chapter 239: Half of the judgment was written and replaced?

So this is what self-defense comes from?

Ren Zhen and Chang Jiahang looked at each other, and they probably understood why there were so many netizens on Xiaopo who advocated legitimate defense.

It is estimated that these netizens followed the entire court hearing. No, they did not even need to watch the entire court hearing. As long as they listened to the facts of the case, they had already concluded in their hearts that Zhang Chi acted in self-defense.

Not all people understand the law, and most people make judgments based on their own simple sense of morality and justice when they consider self-defense.

"Lawyer Ren, as long as you are willing to defend my son, I will pay you any amount!"

Cai Meijuan wiped her tears: "Now we all know that you are the most powerful in self-defense cases. If I didn't know that you were the number one lawyer when the incident happened, I would definitely have hired you at the first trial."

"Ms. Cai, if you want to entrust me as your defense lawyer, that's no problem, but there are some things I want to say first."

Ren Zhen thought for a few seconds and finally spoke: "First of all, I haven't read the dossier materials. My understanding of the case is limited to what you just said. If I were to take on this case, I would need to do more in-depth research on the dossier. Only after careful research and analysis can you decide what defense strategy to adopt.

Justifiable defense can only be included as an option now, and I am not sure about this direction yet.

Secondly, judging from the situations you just described, if there is no major accident or major matters are omitted, your son's situation will most likely not constitute legitimate defense. "

"What? Not self-defense?"

Cai Meijuan was stunned: "How could this not be self-defense?

They all say that you are the lawyer who is best at self-defense. Even the Supreme Court issued documents because of your lawsuit.

Now people are starting to defend themselves, why don't you do it instead? "

Damn it, this customer seems a bit difficult to deal with.

After following Ren Zhen for so long, Chang Jiahang is no longer the novice he was when he was just starting out. After these few words, regardless of the facts, it becomes clear that Cai Meijuan seems to be a little paranoid. Such a customer can be a time bomb if he is not careful.

"Whether a case can be fought in self-defense depends on the specific evidence and facts. I haven't seen the materials yet, so I can't give you this guarantee."

Of course, what Chang Jiahang could think of, Ren Zhen could also think of, but he still told the truth:

“The Supreme Law has issued guidance on legitimate defense, which stipulates more clearly the conditions for identifying legitimate defense, making everyone more daring to try to rely on legitimate defense.

Even if I am really good at this type of defense, I have no say in whether your son's behavior was self-defense. If I think it is not true, then I can only try to plead guilty and strive for a lighter sentence.

So I want to make this clear to you in advance. If you can accept it, can we sign an entrustment agreement? I will officially start taking over this case.

But if your request requires a not guilty plea based on self-defense, my case may not be suitable for your son's case. "

Now is not the time to look for the source of the case everywhere and accept any case. Rather than earning the legal fees, Ren Zhen prefers to do the case according to his own ideas.

Some parties are very tough and require lawyers to follow their ideas. Some lawyers may handle cases against their will out of the idea of ​​using money to help others solve their problems.

For this kind of party, Ren Zhen feels that it is better to nip the trouble at the beginning.

If the province is halfway through its work and then conflicts with the parties involved, then it will go to court and both parties will end up in a bad situation.

"you."

Cai Meijuan was used to being tough, and she subconsciously wanted to continue to refute, but she quickly realized that the lawyer in front of her was not an employee she could manipulate at will, and she immediately suppressed her temper.

"Lawyer Ren, is it really impossible for my son to be innocent in this case?

We only have a son like him. If he goes to jail, how will we, an old couple, live?

We are obviously the victims in this case. My son was forced to do so. If you haven’t looked online, those people say that my son was acting in self-defense!

Many Internet celebrity lawyers have also commented, saying that the document just issued by the Supreme Court and the court issued such a judgment simply do not take the Supreme Court seriously!

They all think it’s self-defense and you really can’t try it.”

"I told you, it's not that I didn't act in self-defense, it was that I didn't understand the evidence and facts. Now I won't give you this guarantee."

Ren Zhen had a headache as soon as he heard what someone said on the Internet.

If you say useful things online, you won’t come to me anymore.

"It is true that the Supreme People's Court and the Supreme People's Procuratorate have only recently issued guidance, but cases that are not legitimate defense will not become guidance because of this guidance. Am I clear enough?

If there is a lawyer who is willing to assume your responsibility and say that he can defend your son not guilty, then you can consult that lawyer again. I would not dare to rashly draw this conclusion for you here. "

Ren Zhen's words were definitely not what the person involved wanted to hear, but his tone was so calm that Cai Meijuan couldn't find a reason to get angry even if she wanted to.

"That"

Cai Meijuan hesitated for a long time, then gritted her teeth and said: "It's better to trouble lawyer Ren. It would be best if he can defend himself legitimately. If not, try to get him a reduced sentence."

"We can work hard to fight for your request."

Ren Zhen nodded.

To be honest, although he didn't know Cai Meijuan very well, but just sitting and talking for a while, Cai Meijuan made him feel uncomfortable.

It's not that Cai Meijuan is a female entrepreneur and Ren Zhen hates the rich, but the whole incident, coupled with Cai Meijuan's way of speaking and tone, gave Ren Zhen the illusion that she was not a good person.

Although this evaluation is a bit presumptuous, based on his years of experience in dealing with people, Ren Zhen feels that Cai Meijuan has something to do with her.

Apart from anything else, Cai Meijuan just mentioned the matter of her borrowing a loan shark in an understatement. If according to what she said, she was doing business legally and legally, how could she borrow a loan shark?

If some poor people borrow loan sharks because of the pressure of life, Cai Meijuan obviously does not belong to the group who can't live a good life.

Of course, these are just Ren Zhen's guesses. He is now a customer and a parent, so he will definitely not ask anything in front of her.

Anyway, as long as those things have nothing to do with Zhang Chi's case, they are not within the scope of Ren Zhen's concern.

After signing the entrustment agreement, Ren Zhen told Cai Meijuan to send him a copy of the judgment when she went back, and then turned on the computer to see if there were any opinions on the Internet for reference.

"Ren Lu, Zhang Chi has determined that this case was not self-defense, right?"

Although Chang Jiahang was not sure about his question, his tone made it clear that he already had the answer.

"What do you think?"

Ren Zhen asked back.

"I think" Chang Jiahang hesitated: "It may be an over-defense, but in terms of legitimate defense, it shouldn't be enough.

But if the defense was excessive, how could the court of first instance sentence him to life without imprisonment? Does this weigh too much? "

"Then think again why the first trial resulted in a life sentence."

Ren Zhen smiled, obviously acquiescing to the first half of Chang Jiahang's words.

"Maybe because someone died?"

Chang Jiahang recalled the information provided by Cai Meijuan: "One died and three were injured, two of them were seriously injured and one was slightly injured. The minor injuries are not minor in the first place, let alone two more seriously injured and one deceased.

I guess it has a bad impact on society and the consequences are too serious, right? "

After all, Chang Jiahang has never handled a case independently, and Chang Jiahang is still relatively unfamiliar with the court's sentencing standards and range.

"Be bold. If you think the defense was excessive, then the court made a mistake."

Ren Zhen yawned and looked back at the screen.

"what?"

Chang Jiahang was dumbfounded. He hadn't even read the file yet and just said that the court had made a mistake.

Is this considered sloppy or confident?

After Cai Meijuan took photos and sent the verdict, Ren Zhen immediately started studying the verdict.

In the judgment, Ren Zhen saw more details that Cai Meijuan did not mention.

On the day of the incident, before Cai Meijuan and Zhang Chi came to the company, the four debt collectors drove over and brought beer, barbecue stoves and other items, and gathered in front of the office building of Cai Meijuan's company to eat and drink.

An employee of the company reported the incident to the police at 22:03 on the night of the incident. Law enforcement officers arrived at the scene at 22:13. After arriving at the reception room on the first floor of the office building, they only left one sentence: "Don't hit people when you want to pay, please speak up." "After that, he left the reception room at 22:17, leaving behind Cai Meijuan, mother and son, and the four people who wanted to pay.

According to police officer Wang Yajun, she left the reception room with two auxiliary police officers to go outside to find relevant insiders in the factory to understand the situation, and to report the case to the command center.

According to the testimony of others, Wang Yajun’s statement is basically true.

But at the same time, after Wang Yajun left the reception room, he also wanted to drive a police car to leave the scene, but was stopped by employees in the factory. Then he got out of the car and started to understand the situation with the on-site personnel.

The other cases are not much different from what Cai Meijuan described.

Zhang Chi's defense lawyer in the first trial clearly mentioned in his defense opinion that Zhang Chi had justified self-defense and that the defense was excessive, and requested a lighter punishment.

In response to the lawyer's defense opinion, the court held that the defendant Zhang Chi stabbed multiple victims in the abdomen and back with sharp knives. Although at the time of the incident, Zhang Chi and Cai Meijuan's personal freedoms were subject to certain restrictions, and they were insulted and threatened by each other. But none of the debt collectors used tools.

When someone called the police and law enforcement officers arrived at the scene to handle the case, the defendant Zhang Chi and his mother Cai Meijuan's rights to life and health were not in real danger of being infringed, and therefore there was no urgency to defend themselves.

Therefore, when Zhang Chi stabbed several victims with a sharp knife, there was no unlawful infringement condition for self-defense.

The court chose not to adopt all the defense opinions of the first-instance defense lawyer.

After reading this paragraph, Ren Zhen and Chang Jiahang were speechless at the same time.

"Is this really written by a judge? Is this judge really a law student?"

Chang Jiahang was a little in disbelief.

"There is no unlawful infringement premise of legitimate defense. People have been beaten, insulted and illegally detained. Isn't this called unlawful infringement?

Is it necessary to wait for the debt collectors to take action first before it can be called illegal infringement? "

“After these law enforcement officers arrived at the scene, they did not have any effect.

They were all out, even driving away. What was the point of them coming around?

After leaving a casual sentence, Zhang Chi and his mother still didn't have the freedom to go out. Are these law enforcement officers here to deal with the problem, or are they here to embolden the debt collectors? "

Hearing what Chang Jiahang said, Ren Zhen glared at him: "Don't say this nonsense. In the future, when you practice independently, no one will remind you if you say such things."

"But I'm not wrong either."

Chang Jiahang was very unhappy: "There are also certain restrictions on this person's personal freedom. They can't even get out of the door of the reception room. Is this called a 'certain' restriction? Does it mean that they have to be tied up to be completely restricted?" ?

The most outrageous thing is that no one on the other side used tools. If we had not mentioned it in the past, this case of Brother Long has only been sentenced for a long time. The guidance of the two high authorities has come down, and he is still using the standard of reciprocity with tools. To determine whether it constitutes legitimate defense? "

Although the words were a bit fierce, I have to admit that Chang Jiahang's words hit the point.

This judgment of the judge seems to be a refutation of the defense opinions of the first-instance lawyer, but in fact, every sentence is full of loopholes.

The judge was questioned about whether he had studied law, but he was really not wronged.

"However, this judge is not completely confused. At least the plaintiff and the victim in the civil lawsuit believed that Zhang Chi committed intentional homicide and requested that the death penalty be executed immediately. The judge did not adopt the opinion."

Ren Zhen saw the judge's response to the requests of several victims below.

[After the defendant Zhang Chi was surrounded, within the extremely narrow confines of the reception room, he stabbed each of the four victims once in different parts with a knife. He did not stab a particular victim continuously to cause his death.

Zhang Chi also did not take the initiative to stab people who were far away from him. From the environment where the defendant Zhang Chi was at the time and the way and location of stabbing the four victims, combined with the fact that Zhang Chi and his mother had been entangled since the afternoon of that day, When the law enforcement officers arrived at the scene and quickly left the reception room, they analyzed the reality and found that Zhang Chi had no intention of killing any of the victims.

Therefore, the public prosecution organ believes that the defendant Zhang Chi is suspected of intentional injury, and both subjectively and objectively meets the requirements for conviction. The defendant Zhang Chi cannot be found guilty of intentional homicide just because the victim died.

Although Zhang Chi had words such as "I'll kill you" at the time of the incident, they can only be classified as harsh words during the conflict, and it cannot be inferred that the behavior had a subjective intention to kill. Therefore, the agents This court will not accept the attorney's opinion that defendant Zhang Chi is guilty of intentional homicide. 】

There is nothing wrong with this paragraph alone. Ren Zhen would even think that this judge is quite good.

But why is the previous paragraph about the defense opinions of the defendant’s lawyer so outrageous?

Couldn't it be that someone was replaced halfway through the judgment?

(End of this chapter)