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

Chapter 245: That’s your normal situation

"Yes, the defender also mentioned just now that there was only twenty minutes between the time Du Jinliang insulted Cai Meijuan and Zhang Chi stabbed her with a knife. These twenty minutes were not enough to make Zhang Chi's associations and concerns disappear."

Only then did Liu Wenren remember that he had wanted to refute this point just now, and he didn't think about it for a while and got to this point, but he didn't miss it after all.

"But the defender ignored that during these 20 minutes, there was also the factor of law enforcement officers arriving at the scene. After the law enforcement officers arrived at the scene, no matter how arrogant Du Jinliang and others were, they would not be able to do it in the presence of law enforcement officers. Make some outrageous move.

Even if Zhang Chi and Cai Meijuan were indeed illegally violated before and faced some serious threats, after the appearance of law enforcement officials, the level of danger they faced has been greatly reduced.

At this time, Zhang Chi stabbed again with a knife, which was obviously beyond the necessary limit and should be punished as excessive defense. "

After hearing Liu Wenren's analysis, Wang Yajun, who was sitting in the first row, turned paler.

She knew best what she had done before and after the incident. She asked herself in her heart, did what she did after arriving at the scene really help Zhang Chi and Cai Meijuan?

“What the prosecutor said is a common situation.

Under normal circumstances, after law enforcement officers arrive at the scene, no matter what kind of illegal infringement it is, it will generally be controlled to a certain extent, and most of the time it will not be escalated. "

Ren Zhen glanced at Wang Yajun, and then at Liu Wenren, who frowned: "But obviously, this case is not an ordinary situation."

Usually? Why is this case unusual?

"According to the testimony of Wang Yajun, a law enforcement officer who came to the scene on the day of the incident, after receiving the alarm on the day of the incident, she came to the scene with two auxiliary police officers, first went to the reception room on the first floor of the office building, and said a few words briefly After that, they said it was okay to ask for accounts but not to fight, and the three of them left the office building.

According to Wang Yajun, she left the office building to find the person who called the police to understand the situation. I would like to ask the prosecutor and the law enforcement officer, when you arrived at a scene with obvious signs of violence and the possibility of another conflict. After that, no matter what happens next, do you typically leave the parties alone in the same room? "

Ok?

Ye Bingwen raised his head and glanced at Ren Zhen, then at the auditorium.

"This"

Liu Wenren hesitated. I'm not a law enforcement officer. How do I know?

However, if you think about it, you will know that in a situation like this case, it is definitely inappropriate to leave the four of them, Du Jinliang and Zhang Chi and Cai Meijuan, in the same room without law enforcement officers present to control the situation.

"Wang Yajun, can you please answer this question?"

Seeing that Liu Wenren couldn't answer, Ye Bingwen looked at Wang Yajun.

"Ah? Okay, okay."

Wang Yajun woke up as if from a dream, his bangs were already stained with sweat on his forehead:

"Generally speaking, it is indeed necessary to separate the parties involved. Whether it is to understand the situation or to avoid further conflicts, it is better to separate them."

"Then why didn't you do this and leave the office building on the day of the incident?"

"I went to the reception room at that time and saw that they didn't seem to have any conflicts, so I didn't think much about it. I heard that they owed money, so there shouldn't be anything wrong with the financial dispute.

Since it wasn't someone in the reception room who called the police, I thought I'd ask the caller to find out more about the situation, so I went to the yard of the factory. "

Wang Yajun tried to think back.

"Then why don't you let the auxiliary police stay in the reception room?"

Although he was not Wang Yajun's boss, Ye Bingwen could see that there must be something wrong with Wang Yajun's handling of this incident, and he couldn't help but ask a few more questions at this time.

"I didn't think too much about it, and I saw that there were so many people demanding debts. If there was any conflict, we wouldn't be able to control the situation, so we just wanted to report the situation to the command center to see if we need to send more troops. As soon as the manpower comes, who knows something will happen in a few minutes."

Just now you said that there should be no trouble due to economic disputes, and now you say that you need to report and request for additional manpower. If nothing happens, what additional manpower will you send?

However, the reason why Wang Yajun left the reception room is not important, as long as it is confirmed that the way she left Zhang Chi, Cai Meijuan and Du Jinliang in the reception room was not a normal situation.

"So we saw that after the law enforcement officers arrived and left the reception room, Zhang Chi and Cai Meijuan were still in the reception room with the four debt collectors. This is obviously not a normal situation.

Then I would like to ask the prosecutor to think about it again. After the law enforcement officers arrived at the scene, if Zhang Chi wanted to leave this closed room, would Du Jinliang and the four people still stop him? "

Stop the hammer!

Even Liu Wenren had to admit that Ren Zhen grasped the pain points in every thought.

"I think under normal circumstances, debt collectors like Du Jinliang would not do this, because the law enforcement officers have already arrived. From the perspective of ordinary people, it should be okay for me to go out at this time, right?

However, as soon as the law enforcement officers stepped out and Zhang Chi wanted to leave the reception room, he was stopped by Du Jinliang and four others and pushed to the corner of the reception room. This was obviously not a normal situation.

So under unusual circumstances, can the conclusion that the level of danger reduced due to the arrival of law enforcement officers still be established? "

Can it be established?

Maybe, probably, maybe, maybe, can? still can not?

Prosecutors and judges are thinking about this issue.

"I don't know what the prosecutor's answer is, but if it were me, I think it would be an untenable conclusion."

Before Liu Wenren could think about it, Ren Zhen gave his own inference:

“While law enforcement officers were already on the scene, no proper measures were taken to improve the situation of Zhang Chi and Cai Meijuan.

Even Du Jinliang and others dared to continue to illegally detain them in the reception room in front of the law enforcement officers. If I wanted to Zhang Chi, I don’t think my worries would be reduced at all with the appearance of the law enforcement officers; Leave and rise further to another level.

Because in Zhang Chi's view, even the law enforcement officers can't control these guys, is it possible that they will intensify their efforts in the future, and will they become even more unscrupulous?

I think it's entirely possible!

The prosecutor said that he could see through the window that the law enforcement officers had not left, but did the prosecutor ever think about whether the fact that the law enforcement officers had not left would help Zhang Chi in the danger he faced?

Even if the law enforcement officers stood at the door and watched Du Jinliang and the others being indifferent to Zhang Chi's pushing and shoving, do you still think that the danger faced by Zhang Chi and Cai Meijuan has been reduced or even disappeared? "

Although Ren Zhen didn't look at her and knew that Ren Zhen was talking about the matter, every word Ren Zhen said made Wang Yajun's heart beat faster.

It’s over. I wasn’t mentioned much in the first trial last time, but a lot of people are already scolding me.

This time during the live broadcast, in front of so many people, didn’t this lawyer put me on the fire?

Wang Yajun's thoughts were in a mess.

Liu Wenren opened his mouth, but in the end no words came out.

Aren't you talking about the inaction of law enforcement officials?

Well, although it does seem to be a bit suspicious?

"So even when law enforcement officers arrived at the scene, it cannot be said that the degree of danger faced by Zhang Chi has been reduced. Even considering the facts of the whole case, Du Jinliang and others still dared to physically suppress and verbally suppress Zhang Chi after law enforcement officers arrived at the scene. Provocation will intensify Zhang Chi's assessment of the danger of his situation. I think the danger Zhang Chi faces has increased. Under such circumstances, it is completely understandable that Zhang Chi acted defensively against Du Jinliang and other four victims. And it should be.

Therefore, although Zhang Chi's behavior was slightly excessive, it did not obviously exceed the necessary limit and should not be considered as excessive defense. "

Well said!

Standing there in prison uniform, Zhang Chi had gone from bowing his head and accepting his fate during the court session to becoming slightly excited at this time.

It seems that there is a real chance of being acquitted?

Then you can go home today?

Zhang Chi has become optimistic.

"Okay, now that the focus of controversy has been discussed, let's stop here."

Ye Bingwen looked at the key points of the trial that he just compiled: "As for what was just mentioned, as to whether the appellant Zhang Chi committed intentional homicide and whether it constituted surrender, the opinions of all parties are clear enough, so we will not discuss it further. , the collegial panel will analyze it later.

Finally, all parties to the lawsuit should summarize it briefly, and express your views and demands in a concentrated manner. Our court debate ends here. "

The most important part has been discussed, and the trial is gradually coming to an end.

“The appellant believes that based on the facts of the whole case and the origin of this case, Du Jinliang and other four victims carried out physical acts such as illegal detention, humiliation, and neck restraint on Zhang Chi and his mother Cai Meijuan on the day of the incident. This act should fall under Article 20 of the Criminal Law. Unlawful infringement in accordance with the provisions of this article.

Zhang Chi and Cai Meijuan have been pushed, harassed, and insulted many times in recent days. Zhang Chi's defensive behavior inevitably involves factors such as fear and anger.

In order to grasp the legislative spirit of the guiding opinions of the two Supreme People's Government on the application of the legitimate defense system, the appellant believed that the law should not give in to the illegal. The appellant Zhang Chi's behavior fell within the provisions of Article 20 of the Criminal Law and was a defense against ongoing illegal infringement. , and does not exceed the necessary limit.

The first-instance judgment found that the facts were incomplete, the conviction was wrong, and the sentence was too harsh. We requested the second-instance court to change the sentence. "

Sitting down again, Ren Zhen knew that he had done everything he could on this case.

"Prosecutor."

At Ye Bingwen's signal, Liu Wenren began his final summary:

"After investigation, Du Jinliang and others not only illegally detained and insulted the appellant Zhang Chi and his mother Cai Meijuan on the day of the incident, but also pushed and slapped Zhang Chi. They had also previously insulted Cai Meijuan and interfered with the normal production and operation of his company, etc. Debt-forcing behavior.

Zhang Chi and his mother Cai Meijuan have been pushed, harassed, and insulted many times in recent days. It is understandable that they have a certain degree of revenge when performing defensive actions. However, the four victims did not commit serious acts of violence and did not carry any equipment. Zhang Chi’s defense The behavior was obviously excessive and should be considered intentional injury.

To sum up, the victim in this case had serious faults, and Zhang Chi should be mitigated or exempted from punishment. The first trial decision was correct, but the sentencing was unusually heavy, and we request that it be corrected. "

Zhang Chi listened to the first half of Liu Wenren's words and was still worried, but after hearing the last sentence, he felt somewhat relieved.

Although he did not ask for a change of acquittal like Ren Zhen, at least the prosecutor felt that the first-instance judgment was too harsh. The second-instance court would not insist on the same as the first-instance judgment, right?

As long as you don't spend the rest of your life in jail, you can say anything!

"Then the victim, please tell me something here, briefly."

Seeing Li Fujun and others who had finally been quiet for a while, Ye Bingwen had a headache, but he could not deprive them of their right to speak.

"We insist that Zhang Chi committed murder intentionally!"

Ma Mengyun was the first to stand up and express his position: "My husband is dead, what else does he think of self-defense? I tell you, it is absolutely impossible!

The death penalty is necessary! "

Cai Meijuan gave Ma Mengyun a vicious look.

Don’t you have an idea of ​​what kind of person your husband is?

This kind of person will die when he dies. My son is called to do justice for heaven and eliminate harm for the people!

"Judge, let's make a statement too."

Li Fujun and others grabbed Ma Mengyun and advised her to calm down. Guo Tianming rubbed his hands and smiled at the trial seat:

"We said it at the beginning. This man died and the three of us were so seriously injured. He, Zhang Chi, must be held responsible! Is there anything wrong with this?

As for the amount, we have made it very clear that we have found someone to calculate it, and it is definitely not a random request. If their family is willing to pay some compensation, then we can consider not holding him responsible.

But they have to insist on the same attitude as a lawyer. What kind of self-defense is there, and they still want to be innocent?

Then we firmly disagree, and we will definitely pursue it to the end.

If this judgment cannot give us a satisfactory result, we will have to ask for an explanation even if we go to the Supreme Court! "

Guo Tianming's voice became louder and louder. By the end, the more he spoke, the more he felt justified.

"Okay! Tianming is right!"

Li Fujun and Yan Zhaosheng expressed their opinions one after another: "The judge is judged according to what he said. We all have the same opinion."

The clerk had a dark face and quickly wrote down Guo Tianming's opinions.

Ye Bingwen and two colleagues found it angry and funny.

The first two sentences about making Zhang Chi responsible are reasonable, but how come the more you say this, the more outrageous it becomes?

Are you still considering not pursuing responsibility? This responsibility was not originally pursued by you, but by the public prosecutor on behalf of the state. Why don't you pursue it? Why are your faces so big?

And take it to the Supreme Court?

I got the name wrong. Do you know which way the door of the Supreme Court opens?

Shaking his head and not bothering to argue with others, Ye Bingwen stood up with the two judges.

"The court will now be adjourned for an hour. After deliberations, the collegial panel will make a verdict on this case in court!"

(End of this chapter)