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

Chapter 241 Isn’t it easier to rob you than to rob a bank?

"Based on the facts found by the court of first instance, the appellant believes that on the day of the incident, Du Jinliang and other four victims violently collected debts from Cai Meijuan and Zhang Chi, and repeatedly insulted and beat them while illegally detaining them for several hours. Behavior.

Although the law enforcement officers rushed to the scene after receiving the alarm, they did not provide corresponding treatment. Instead, they quickly left the reception room, causing the appellant Zhang Chi to further increase the risk assessment of the situation he was in.

Therefore, when Du Jinliang and the others once again prevented him from leaving the reception room, and pushed and provoked him, the actions of the four victims actually constituted illegal infringement on Zhang Chi and his mother Cai Meijuan. Zhang Chi was facing imminent real danger. When doing so, one should have the right to self-defense.

Therefore, although Zhang Chi's behavior caused injuries to the four victims, his behavior was to stop the illegal infringement, and he should not bear criminal responsibility according to law. The first-instance judgment found that Zhang Chi's stabbing of the victim did not constitute unlawful infringement in the sense of legitimate defense. This determination was obviously wrong. , requesting the collegial panel of second instance to make corrections and rule the appellant Zhang Chi not guilty in accordance with the law. "

Before Ren Zhen finished speaking his appeal opinions, the faces of several parties in the court changed to varying degrees.

Except for Cai Meijuan and Zhang Chi, no matter it was the prosecutor, several victims, or everyone sitting in the gallery, they all felt a little unbelievable.

The court of first instance sentenced Zhang Chi to life imprisonment. How dare you act in self-defense and want Zhang Chi to be innocent?

"The prosecutor will give his court opinion below."

The judge was also a little surprised, but still directed the two prosecutors from the Provincial Public Prosecution Court of C to start speaking.

"Regarding this case, this court believes that the indictment of the first instance issued by the Public Prosecution Court of H City, Province C, and the first-instance judgment issued by the Intermediate People's Court of H City, Province C, both have problems in determining the facts and incomplete circumstances. As for the causes and consequences of this case, especially The situation on the day of the incident, the process of intensification and escalation of the conflicts between the two parties, and the specific violations committed by the four victims during the debt collection process were omitted in the first-instance determination.

Based on the origin of this case and the situation on the day of the incident, we believe that Zhang Chi’s behavior was defensive in nature. Neither the indictment nor the first-instance judgment recognized this, and there was an inappropriate application of the law.

According to the provisions of Paragraph 2 of Article 20 of my country's Criminal Law, if self-defense clearly exceeds the necessary limit and causes serious damage, the person shall bear criminal responsibility, but the punishment shall be reduced or exempted.

Therefore, the first-instance judgment should be corrected through the second-instance procedure. "

The prosecutor is obviously used to speaking first during court investigations, so today's court opinions were written in advance. There was no targeted response to the appeal opinions just submitted by Ren Zhen.

But it doesn’t matter. At this stage, we simply highlight the opinions of all parties, and it will not be too late to discuss the controversial points in the subsequent debate sessions.

After listening to the prosecutor's speech, Zhang Chi and Cai Meijuan's expressions suddenly relaxed.

The opinion of the Public Prosecution Court of Province C is obviously completely different from the first-instance opinion of the Public Prosecution Court of City H.

In the first instance, the H City Public Prosecution Court accused Zhang Chi of intentional injury. There was no mention of whether Zhang Chi's behavior was defensive in nature.

Now the Provincial Public Prosecution Court of C believes that Zhang Chi’s behavior is defensive in nature. This trial will be much better than the first instance from the beginning. As long as the judges of the second instance don’t get crazy, it can at least be ruled as excessive defense, right? Then he won't be sentenced to life, right?

"Victims, please share your opinions."

Li Fujun and others sat together without hiring a lawyer. After consultation, they learned that as victims, hiring a lawyer for criminal proceedings does not seem to be of much significance. They only need to make their own requests in the accompanying civil litigation, so a few After discussion, the two victims decided that Li Fujun would speak in court on behalf of everyone.

"The main requests of several of us are as follows."

Li Fujun took out a piece of paper that he had prepared a long time ago from his pocket. Although it was a little crumpled, Li Fujun felt a little proud at this time.

Mud, I have never touched a pen since I left school in my teens. This time I went to court and exercised my writing skills. I can also make a lot of money through it. I really know my knowledge. It’s power!

"The first request is that Zhang Chi killed Du Jinliang and stabbed three of us. He should bear our death compensation, funeral expenses, dependents' living expenses, lost wages, mental damage consolation money, and Lao Du should handle the funeral arrangements. The related expenses totaled 8827382 yuan.

The second requirement is that the defendant Zhang Chi’s behavior constitutes intentional homicide. One completed and three attempted crimes should be sentenced to death and executed immediately.

The third requirement is that Cai Meijuan, as an accomplice of the defendant Zhang Chi, provided moral support and help to Zhang Chi when Zhang Chi committed the murder. She should be recognized as an accomplice in the crime of intentional homicide. We request the court to punish Cai Meijuan in accordance with the law. Handle accordingly. "

After he finished reading, he glanced at the thumbs up next to him from the corner of his eye, and felt secretly proud.

Look, what is ostentation!

Li Fujun sat down carelessly and put the crumpled piece of paper back into his pocket.

After this trial, I will be a rich man.

As this piece of paper is my biggest contributor, I have to find a photo frame to frame it after I return home so that I can show it to my children and grandchildren in the future!

The victims were filled with joy, as they seemed to be able to get the more than eight million they wanted in the next second. Even Ma Mengyun, who was a little sad because of her husband's death, felt that her mood had improved a lot because of the taste of money.

"Eight million and eight hundred thousand? Are you guys crazy about money?"

Others didn't react at all, but Cai Meijuan had already exploded:

"If I had eight million, would I not pay you back? Why didn't you rob the bank?"

"Is it your business? If you don't have money, you try to find ways to raise it. Are you still justified in not paying back the money you owe?"

Yan Zhaosheng sneered: "My brothers are all dead. Look at my brothers and sisters crying all day long. Doesn't your conscience hurt?"

"That's right, robbing you is not much easier than robbing a bank."

Guo Tianming muttered softly.

"Quiet! Did I let you speak?"

Without paying attention, there was already several rounds of verbal quarrels over there, and Ye Bingwen immediately scolded him.

Several people finally calmed down, and the judges looked at each other with even weirder expressions than when they heard Ren Zhen's not guilty plea just now.

You are talking about death compensation, funeral expenses, etc., which are quite normal, but you unemployed vagrants, where do you get this lost wages? You really think we don’t know that you specialize in violent debt collection, right? Can he call this a job?

There are also those who think that Zhang Chi committed murder intentionally and should be sentenced to death immediately. Do you really not know what incidental civil litigation is?

How to convict someone in a civil lawsuit?

They think of themselves as judges, right?

The last request is even more outrageous. Cai Meijuan was clearly illegally detained at the crime scene by you, but just because Zhang Chi resisted with a knife, Cai Meijuan became an accomplice?

They also provided moral support and help, and they sounded quite professional. I don’t know where I got the crooked idea.

"This is so outrageous, brothers. I am approaching my end and am hearing hallucinations, right?"

"Although they are said to be victims, this matter was originally caused by their violent collection, right? How come they have the nerve to say these things in court?"

"These people are not good birds to begin with!"

"I heard that the monthly interest is 10%. How can this loaned money be used cleanly?"

"Here you go, the monthly interest rate is 10%. This is real robbery!"

"Haha, you don't think this Cai Meijuan is a good thing, do you? She defrauded my old man of more than 700,000 yuan, and she hasn't paid it back yet!"

"I've heard about this too. It seems that Cai Meijuan and her family are fraudsters."

"Evil people will be punished by evil people, and heaven and earth will reincarnate!"

"Whatever Cai Meijuan did is not the reason for them to use this method to collect debts. If they weren't forced into a hurry, could this Zhang Chi use the knife?"

After Li Fujun spoke, there was a stir in the auditorium.

After controlling the situation, several judges gathered together for a brief discussion, and Ye Bingwen spoke:

“Regarding the supplementary facts raised by the appellant’s attorney, since the public prosecutor also believed that the facts and circumstances found in the first instance were incomplete, after deliberation by the collegial panel, the appellant’s suggestion that Du Jinliang, Li Fujun, Yan Zhaosheng, and Guo Tianming violently To collect debts, it was confirmed that the appellant Zhang Chi and his mother Cai Meijuan were insulted and beaten on the day of the incident.

Since neither the appellant nor the prosecutor submitted any new evidence that is relevant to the case, we will not discuss the evidence and facts in too much. Next, we will focus on relevant issues related to the application of the law, and each party will express its opinions. .

Well, according to the opinions submitted by the appellant, the prosecutor and the victim before the court, there are a total of five controversial points regarding the application of the law. Let's start discussing them one by one.

First, whether the appellant Zhang Chi’s behavior was defensive in nature.

The appellant will give his first opinion below. "

Ren Zhen stood up, originally thinking that this point might be controversial, but after listening to the opinions of the Public Prosecution Court of Province C just now, he knew that there would basically be no obstacles in this place.

"The appellant believes that Zhang Chi's stabbing behavior with a knife on the day of the incident was undoubtedly defensive in nature. The main reasons are as follows:

First of all, from the perspective of defensive intention, Zhang Chi’s stabbing behavior was carried out to protect the legitimate rights and interests of himself and his mother Cai Meijuan. In order to protect legitimate rights and interests, this is the purpose condition of legitimate defense. Legitimate rights and interests are not limited to life safety, but also include personal dignity, personal freedom, etc.

Specific to this case, Zhang Chi stabbed the four victims with knives on the premise that he and his mother Cai Meijuan's personal freedom and personal dignity had been illegally violated, and their personal safety was also being seriously threatened. It was implemented as a last resort to protect his and Cai Meijuan's personal safety, personal freedom, personal dignity and other legitimate rights and interests.

As mentioned in the first-instance judgment, the four victims did not use tools, someone called the police, and law enforcement officers were already on the scene. The actual risk of Zhang Chi and Cai Meijuan's legitimate rights and interests being infringed has been reduced. Although there is no doubt about Zhang Chi and Cai Meijuan's behavior at the time of the crime The legitimate rights and interests were evaluated, but the actual situation was not actually considered, which was a misunderstanding of the objects of legitimate defense protection.

Secondly, from the perspective of defense reasons, the illegal infringement faced by Zhang Chi and Cai Meijuan on the day of the incident was persistent, serious and compound. Legitimate defense can only be implemented against unlawful infringement, which is a prerequisite for legitimate defense.

The illegal infringement referred to here can be a criminal act or a general illegal act. Let’s leave aside whether the behavior of the four victims, Du Jinliang, Li Fujun, Yan Zhaosheng, and Guo Tianming on the day of the incident constituted a crime. However, there should be no objection that their behavior constituted illegal detention.

In this case, we should have an overall understanding of the debt collection behavior of Du Jinliang and four others. If we pull the timeline forward one day, we will find that the illegal infringement behavior of the four debt collectors against Zhang Chi and Cai Meijuan can be divided into three phases. "

When referring to Du Jinliang and other four victims, Ren Zhen said the word "victim" very hard, and anyone could hear the deliberate emphasis on the four victims in his words. At this time, several people were shocked. Turning his face to the side, he pretended that it was not them whom Ren Zhen mentioned.

It's not that these people are thin-skinned, but with so many people watching and the live broadcast of the court hearing, they don't want their faces to be remembered by too many people.

"In the first stage, the day before the crime, Du Jinliang and four other victims moved Zhang Chi's furniture to the company's entrance and stacked it, and forced Cai Meijuan's head into the toilet;

The second stage was when Du Jinliang and four other victims went to the company to collect debts on the day of the crime until law enforcement officers arrived at the scene. During this period, the four debt collectors used methods such as following and siege to illegally restrict the personal freedom of Zhang Chi and Cai Meijuan, and implemented insults, nakedness, etc. Sexual intercourse and other behaviors that seriously infringed on the personal dignity of Zhang Chi and Cai Meijuan;

The third stage was after the law enforcement officers left the reception room and before Zhang Chi stabbed the four victims with a knife. At this stage, the four victims still blocked Zhang Chi and Cai Meijuan from leaving the reception room and pushed Zhang Chi to the corner of the reception room.

The various illegal infringements in these three stages lasted for a long time, and the degree of crisis continued to escalate. They were completely consistent with the crime of illegal detention and constituted an infringement on personal safety and human dignity.

Faced with these long-term and escalating illegal infringements, Zhang Chi was fully equipped to defend himself against the four victims who were committing illegal infringements around him. "

"We object! What we did the day before the incident had nothing to do with Zhang Chi's murder. This lawyer is clearly confusing right and wrong!

Judge, get this black-hearted lawyer out of here! "

Before Ren Zhen finished speaking, Li Fujun and others jumped up. Ren Zhen's words exposed their faces to the public, making several people a little angry.

"The appellant's lawyer argued for defensive reasons and whether Zhang Chi's behavior was defensive in nature. There was nothing inappropriate in his statement. Please pay attention to the order of the court!"

Although he was the victim, Ye Bingwen had already noticed that these people were unhappy and told them to shut up with a straight face.

(End of this chapter)