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

Chapter 244: Non-serious violence and non-violence?

"The prosecutor believes that the appellant Zhang Chi's behavior does not constitute surrender."

Liu Wenren glanced at Ren Zhen, and finally focused on Zhang Chi:

"According to law enforcement records, video and other evidence, after Zhang Chi stabbed the four victims with a knife, the law enforcement officers outside the office building quickly returned to the reception room.

Law enforcement officers ordered Zhang Chi to hand over the sharp knife. Zhang Chi did not hand it over directly, but asked others to get out first. Zhang Chi handed over the sharp knife only after being ordered by law enforcement officers many times.

Judging from the time that law enforcement officers arrived at the scene after the incident, and Zhang Chi's first reaction to the law enforcement officers, Zhang Chi did not have the conditions to flee the scene after the incident.

Zhang Chi's performance at that time can only prove that he did not resist the on-site law enforcement of law enforcement officers, but he had no intention or behavior of voluntarily surrendering, so he should not be regarded as surrendering. "

Liu Wenren also sat down. Seeing that no one seemed to have any objections, the judges gathered together for a brief discussion. Ye Bingwen spoke:

"Then let's start the court debate and ask the appellant and prosecutor to debate the controversial points around the issues we just discussed about the application of the law."

Ren Zhen and Liu Wenren looked at each other from a distance of more than ten meters, and Ren Zhen stood up first.

As the appellant, it is rare for you to be the first to ask questions in a criminal case.

"The prosecutor just mentioned that there are no prerequisites for the application of special defense in this case, and he also believes that Zhang Chi's defensive behavior is excessive defense. The reasons for these two points overlap, so I will put them together, right?"

Seeing Liu Wenren nodded, indicating that he had no objection, Ren Zhen continued to speak:

"I summarized it. The prosecutor believes that special defense does not apply to this case and that the defense is excessive. There are probably several reasons:

First, although Du Jinliang and others carried out inappropriate debt collection behaviors against Zhang Chi and Cai Meijuan, these behaviors were not enough to seriously endanger the personal safety of Zhang Chi, mother and son, and Du Jinliang and others had committed similar behaviors many times before, but none of them Cause actual damage, so Zhang Chi should know that Du Jinliang and other four victims had no intention of harming their personal safety on the day of the crime.

Second, Du Jinliang and others did not carry or use any equipment, so Zhang Chi’s stabbing and counterattack with a sharp knife clearly exceeded the necessary limit and caused significant damage.

Third, law enforcement officers had arrived at the scene, and the danger faced by Zhang Chi and Cai Meijuan was significantly reduced.

Does the prosecutor have any objections to these reasons, or is there anything else that needs to be added? "

"Um no."

Ren Zhen's summary was very concise, and there was no ambiguity. Liu Wenren gave a response after discussing it with his assistant Tong Ancheng.

But at the same time, he was slandering: This is obviously a court debate, why do you make it look like you are questioning us?

Obviously most of the time we, the prosecutors, are the ones asking the questions, right?

"Okay, then I would like to give my analysis on the first reason."

Ren Zhen looked down at the files on the table and sorted out his thoughts:

“First of all, the prosecutor said that Du Jinliang and other four victims had carried out similar debt collection behavior before the incident, and I agree with this.

But I think the public prosecutor should note that the debt collection behavior of Du Jinliang and the four people on the day of the incident can only be similar to their debt collection behavior before, but not exactly the same, because on the day of the incident, Du Jinliang made a very important move. Something they had never implemented before. "

Hearing this, not only Liu Wenren, but also several judges realized what Ren Zhen was going to say.

"On the day of the crime, after Du Jinliang illegally detained Zhang Chi and Cai Meijuan in the reception room, he deliberately flicked cigarette ashes on Cai Meijuan's chest and exposed his lower body to Cai Meijuan.

The prosecutor had previously used the term "insulting" to summarize this move, but you must know that there is a difference between insult and insult. "

Ren Zhen glanced at Li Fujun and the other three. Their expressions did not change at this time. After all, this move was not made by them. If Du Jinliang could still sit here, I wonder if he would regret this move. and shame.

"Especially in front of Zhang Chi, when he sees his mother being insulted like this, will the prosecutor still feel that the actions of Du Jinliang and the other four victims did not pose a serious threat to Zhang Chi and Cai Meijuan?

You may think so, but when we discuss the circumstances of self-defense, we should comprehensively consider the circumstances of the entire case, base on the specific circumstances of the case, and base on the specific situation of the defender's defense.

We should comprehensively consider the overall course of the case and the possible reactions of ordinary people in similar situations, and cannot judge the defender based on calm, rational, objective and accurate standards under normal circumstances after the fact.

This is clearly stated in the guidance of the Supreme People's Court and the Supreme People's Procuratorate on the application of the legitimate defense system in accordance with the law. Let's look back at the case and put ourselves in Zhang Chi's shoes. Anyone who stands in Zhang Chi's position and sees his mother being treated like this Insult, wouldn't he take this matter seriously?

I think as long as a normal person would naturally have some associations, that is, now that he is exposing his lower body and swinging it around, what's next? Will this behavior escalate further?

In particular, there was only twenty minutes between Du Jinliang's exposure of his lower body and Zhang Chi's stabbing with a knife. I think we must fully consider that these twenty minutes are not enough time to deal with all the consequences Zhang Chi suffered due to the aforementioned behavior. Associations and worries disappear. "

"As for the plot mentioned by the defense lawyer, the prosecutor admitted that it did exist objectively."

Liu Wenren stood up. At this time, Zhang Chi and Cai Meijuan's expressions in the court were not very good. After all, this was not a good memory.

"Du Jinliang's behavior is indeed inappropriate and should be different from ordinary humiliating behavior. However, Du Jinliang had no further intention to rape Cai Meijuan, and the other three victims also tried to dissuade him. Under such circumstances, , it is unlikely that Du Jinliang raped Cai Meijuan.

I also think that it is normal for Zhang Chi to have some associations and worries under the influence of such an act. However, if just for this reason, it is believed that Zhang Chi was legitimately defending against rape, thus complying with the situation of special defense, I think It is still quite far-fetched. In this case, it may be more appropriate to say that Zhang Chi was acting in imaginary defense. "

"I never said that Zhang Chi's defensive behavior was special defense because he was worried that his mother would be raped."

Ren Zhen shook his head: "What I emphasize is that Du Jinliang's actions made Zhang Chi worry and predict their next behavior. At the same time, this kind of worry and prediction is within the normal range and should be allowed by the law.

If I were Zhang Chi, I would think that he just took off his pants, what will he do next?

Will he take off his clothes too? Or take off our clothes?

The prosecutor said that the other three defendants had tried to dissuade Du Jinliang, so Du Jinliang would not have done anything. You were thinking about the problem with absolute rationality.

In Zhang Chi's eyes, who are Li Fujun, Yan Zhaosheng and Guo Tianming? They came with Du Jinliang to collect debts!

They just didn't take off their pants like Du Jinliang, but none of the three of them were involved in other illegal debt collection behaviors! Could it be that Zhang Chi was counting on the three of them to stop Du Jinliang from doing something more extreme? "

Liu Wenren was silent.

Indeed, the discussion in this case on whether Zhang Chi's actions constituted legitimate defense was not just about the stabbing he did to death Du Jinliang, but the three stabbings he stabbed to three other people were also discussed.

“So the prosecutor said that before the incident, Du Jinliang and the other four had carried out similar debt collection activities, which did not cause any actual damage, but that does not mean that their debt collection activities on the day of the incident would not have happened either.

From Zhang Chi's point of view, the fear and pain that each debt collection brings to him are real. If he has not been harmed before, it certainly means that he will not be harmed on the day of the incident. Then the debt collection behavior of Du Jinliang and the four others Will it work? Will Zhang Chi and Cai Meijuan still have fear? "

Ren Zhen said while looking at Li Fujun and others with cold eyes:

“So no matter how precise their debt collection behavior was before the incident, it cannot change the fact that on the day of the incident, their actions still seriously endangered the legitimate rights and interests of Zhang Chi, mother and son.

As for what the prosecutor said, although the debt collection behavior of Du Jinliang and others was inappropriate, it was not enough to seriously endanger their personal safety. This statement seems reasonable, but in fact it does not take into account the situation faced by the debt collectors at all. .

Just imagine, there is a group of people following you all day long. When you are driving, their car will follow you. When you go to the toilet, they will stare at you at the door of the toilet. When you eat in a restaurant outside, they will The table next to you looks at you.

They called a locksmith to open your door and moved all your belongings to the road. They locked you in the house in front of the company employees. They took away your mobile phone and did not allow you to contact the outside world.

At first glance, these methods do not sound very violent, but are they not violence?

Aren’t these methods terrible? Don't these actions endanger your legitimate rights and interests? "

Every time Ren Zhen mentioned a possibility, the expressions on the faces of Li Fujun and the other three became even more grim.

"Originally, I thought the prosecutor was right. He didn't grab the person and beat him up, and he didn't use a knife or a stick, so he shouldn't have used a knife. But when you put it this way, it seems quite scary, right?"

"Not only is it scary, if it were me, you might as well give me a good beating."

"This lawyer is telling the truth. Now that all these debt collectors have their own way, who would be so stupid as to take action against you?"

"If nothing else, just having someone behind me all day, even if he doesn't do anything, is already scary when I think about it."

"But there's nothing you can do if someone follows you, and it's not as good as killing someone with a knife, right?"

"These debt collectors are seizing on people's mentality and taking advantage of the law, because they know it is not illegal."

"The prosecutor also said that Du Jinliang and others did not carry or use equipment. Based on the examples I just gave, do you think they need to bring any equipment?"

Faced with Ren Zhen's question, Liu Wenren thought for a few seconds and slowly shook his head:

"The defense lawyer is right. The debt collection behavior of Du Jinliang and others has indeed endangered the personal safety of Zhang Chi and Cai Meijuan to a certain extent. It is normal for Zhang Chi to have psychological fear because of these behaviors.

However, Zhang Chi's use of a sharp knife to stab the victim clearly exceeded the necessary limit under the premise that no instruments were used and there was no obvious serious danger to personal safety. "

What Ren Zhen said is reasonable, and the law will support it to a certain extent. However, in this case, Zhang Chi's act of using the knife was indeed over the limit. This is a fact that cannot be shaken.

Ren Zhen actually knows this, but he still has to work harder:

"According to the guidance issued by the two top authorities, we must accurately understand and grasp the meaning of 'committing an attack'.

In addition to the use of lethal weapons, acts that seriously endanger the personal safety of others can be deemed as murders. If no murder weapon is used or no lethal weapon is used, but actual damage has not been caused based on the number of people illegally violated, the location and intensity of the attack, etc., but Those that have caused serious and imminent danger to personal safety can be deemed as 'murder'.

Based on the circumstances mentioned above, the debt collection behavior of Du Jinliang's four victims lasted for several hours. Under the premise that they could not contact the outside world and Du Jinliang carried out such serious insults, the danger they posed to Zhang Chi and Cai Meijuan may not be significant. It is urgent, but it is definitely serious. I think it is more appropriate to regard the behavior of these four people as murder. "

The faces of Li Fujun, Yan Zhaosheng and Guo Tianming were no longer ugly, but rather frightened.

If they were given a stone hammer, wouldn't they have to change from the victims in this case to the defendants in another case?

But this is obviously not an issue Liu Wenren will consider now, and the judges will not deal with their troubles in this case.

"If the appellant and the prosecutor cannot reach an agreement for the time being, you can continue to proceed. You have expressed your views very clearly. The collegial panel will then discuss your views."

Seeing that there was a bit of a freeze here, Ye Bingwen came out to speak in time.

Now it is obvious that Ren Zhen and Liu Wenren have different opinions. One relies on legal regulations and the other relies on legal principles. No one can convince the other.

Both of their opinions have certain basis, but they cannot deny each other. If they are allowed to continue, I am afraid that the court will be open until dark.

"The appellant's lawyer just summarized three reasons. The first two are almost discussed. As for the last reason, law enforcement officers have arrived at the scene, and the degree of harm faced by Zhang Chi and Cai Meijuan has been significantly reduced. The two parties will discuss it together."

Wang Yajun, who was sitting in the gallery, trembled when he heard the judge's words.

(End of this chapter)