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

Chapter 246 Judgment!

In the aisle outside the court, three judges stood in a row by the window, all with sad faces.

"Do you have any ideas?"

Ye Bingwen opened the window and took a deep breath of fresh air.

"Before the trial, my idea was actually very simple. It's okay to inflict intentional injury, but it would definitely be serious if it was indefinite."

Gu Donggang sighed.

"From what you say, have you changed your mind now?"

Zong Yijun asked.

"It's not like it's changed."

Gu Donggang shook his head: "It's just a little bit. In fact, it can be considered a change, but I'm not so sure."

"That's because I've been shaken, and I feel that my previous ideas may not be right."

"Let's talk about it one by one. There are not many controversial points in this case, and the views of both parties are quite clear, but the determination may be a bit troublesome."

Ye Bingwen took out the notes from the court hearing just now: "First of all, let's talk about whether Zhang Chi's behavior is defensive in nature. There should be no objection to this, right?"

Gu Donggang and Zong Yijun both shook their heads: "It must be defensive in nature.

Whether it was the illegal detention of Du Jinliang and the four people on the day of the incident, or the insults and beatings, regardless of the severity, they continued to prevent Zhang Chi from leaving the reception room after the law enforcement officers arrived at the scene. This must be an illegal violation by Zhang Chi. Defense and counterattack, let’s not discuss the limits for now, there is definitely a right to defend. "

"Then let's talk about whether it's special defense."

Ye Bingwen recalled the opinions raised by Ren Zhen during the trial and hesitated:

"If this happened in the past, I would definitely think that this cannot be a special defense. Whether it is illegal detention or beating and humiliation, it cannot be considered an offense, right?

Since it wasn't a murder, Zhang Chi definitely wasn't in special defense. "

"But this is not the same as before."

Gu Donggang said quietly: "The two top leaders came out with guidance on the application of self-defense, and also gave a detailed explanation of the murder.

Although it cannot be directly applied to this case, what the defense lawyer Zhang Chi said seems to make sense. "

Zong Yijun also agreed: "If we just look at the apparent level of violence, according to traditional thinking and judicial practice standards, their debt collection methods cannot be considered murder.

But when a lawyer gives those examples, they sound not only disgusting, but actually terrifying when you think about it! "

"But I always feel that this explanation is far-fetched."

Ye Bingwen was very confused: "Special defense situations, robbery, rape, kidnapping, all are very urgent and extremely dangerous, but is Du Jinliang's debt collection behavior dangerous?"

"I think it's quite dangerous, right?"

Gu Donggang is not very confident either.

"But we have to look at it from the perspective of a defender. If we follow the traditional analysis method, we can just determine that it is not a special defense. We don't have to worry about it."

Zongyi's army is obviously inclined towards special defense.

"It's true that it's from the perspective of a defender, but the entire case must be taken into consideration. Du Jinliang and the others are going to collect debts. The method used to collect debts is inappropriate, but they didn't bring anyone with them. As for using the knife?"

Ye Bingwen asked rhetorically.

"Whether it's a knife or not, we can't just look at what tools Du Jinliang and the others used. Even with bare hands, the danger they brought to Zhang Chi and Cai Meijuan was quite serious."

Zong Yijun still insisted on his point of view.

"The defense lawyer also said that Wang Yajun did not handle it properly in time after arriving at the scene. In Zhang Chi's eyes, it does mean a lot of different things."

Gu Donggang hesitated and said: "If it were me, I would even think that this is not relevant, right?

Then wouldn't I be more dangerous today? "

"You're a bit over-associating."

Zong Yijun interrupted him: "That little girl has never dealt with this kind of case at first glance. At best, it is a work mistake. Don't say that to others."

"I didn't say what she was like, I was saying from Zhang Chi's point of view, do you think it's normal for him to have such thoughts?"

Ye Bingwen and Zong Yijun were silent.

After being relatively speechless for who knows how many minutes, Ye Bingwen spoke up: "But I still think the special defense sentence is too extreme."

"Well, if you think about it carefully, there really aren't many laws or precedents that can be referenced for this kind of debt collection. If special defense is awarded this time, it is inevitable that there will be more extreme debt collection methods in the future. Behavior, overall the impact is not good.”

Gu Donggang looked at Zong Yijun: "What do you think, Lao Zongqian?"

Seeing both of them looking at him, Zong Yijun sighed: "Actually, I'm not sure, but the span for special defense is indeed a bit wide, so I'd better be more conservative."

"Well, that doesn't constitute special defense. That's too much."

Ye Bingwen drew a stroke on the paper: "Then there is the issue of limits, whether Zhang Chi's behavior is excessive defense."

“If we follow the prosecutor’s logic, the level of danger faced by law enforcement officers after arriving at the scene is reduced, and Zhang Chi’s defensive behavior was over the limit.

However, the defense lawyer gave another rebuttal. The prosecutor's logic is true under normal circumstances, but this case is not a special situation. This is related to the role of law enforcement officers at the scene. "

Gu Dong just checked it out and felt a little helpless: "I guess Wang Yajun didn't expect that there would be such trouble later, otherwise even if I beat her to death, I wouldn't dare to leave Zhang Chi and Cai Meijuan in the reception room."

"And now that she comes, it's really better not to come."

Zong Yijun sighed: "If she hadn't come, maybe the situation in the reception room would have remained like that, and I don't know how it would develop in the end, but there is a high probability that no one would die.

But she went around in a circle and directly stressed Zhang Chi. When she couldn't rush out of the reception room, she took the knife in the confusion.

The lawyer said that because of Wang Yajun's appearance, Zhang Chi was in greater danger, and she was really right. "

"wrong."

Ye Bingwen suddenly said: "It's not that the level of danger Zhang Chi faces has increased, but that the level of danger Zhang Chi thinks he faces has increased.

The behavior of Du Jinliang and others did not change much before and after Wang Yajun arrived at the scene. Although it was a bit disrespectful and lawless to the law enforcement officers, in fact their behavior did not escalate in the process.

It was Zhang Chi who made one more move to rush out of the reception room, which led to the conflict. "That's right." "

Gu Donggang thought about this: "It is correct to look at it from the perspective of the defender, but it must also take into account the circumstances of the entire case.

It is true that Du Jinliang and the others' actions were illegal infringement, but it stopped there. To say that they were committing crimes, or that they were as dangerous as committing crimes, killings, and robberies, was indeed a bit excessive. "

"So Zhang Chi can defend himself without any problem, but the consequences are indeed too serious. It is considered to be over the limit."

Zong Yijun sighed: "Speaking of which, Zhang Chi was actually a victim at the beginning. No matter how much money his parents owed, or even if he owed money, he should not be treated the way Du Jinliang and the others were."

"That means over-defense, and the limit problem is solved."

Ye Bingwen put away the pen and paper: "There's no need to discuss intentional homicide, right? It's just the victims talking nonsense."

"Well, excessive defense is just intentional injury, and killing someone is definitely out of reach."

Gu Donggang and Zong Yijun nodded.

"What about surrendering? Does surrendering count?"

"I think so."

Gu Donggang answered without hesitation: "Although no one called the police after the incident in this case, Wang Yajun was outside the office building, Du Jinliang ran outside, and Zhang Chi has not yet run away. I think he surrendered."

"But he really doesn't have the conditions to escape."

Zong Yijun hesitated.

"Whether there are conditions for escape is objective, but surrender is more of a subjective consideration."

Ye Bingwen is inclined to Gu Donggang's point of view.

"But the circumstances of 'automatic' surrender must also be considered when surrendering. I think Zhang Chi did not run away at the time, but was more frightened or failed to react. As for whether he wanted to surrender, it's hard to say."

"All rise!"

After returning to the court, Ye Bingwen directly began to announce the verdict.

“According to the provisions of our country’s laws, in the case of the public prosecution accusing the defendant Zhang Chi of intentional injury, the defendant Zhang Chi was dissatisfied with the criminal judgment of (20XX) H Xingchu Zi No. 122 made by the court of first instance and appealed to this court.

This court has the corresponding jurisdiction and formed a collegial panel in accordance with the law to hear the case in public. The trial has now been concluded.

After trial, it was found that Cai Meijuan, the mother of the appellant Zhang Chi, borrowed a total of 135 million yuan from Du Jinliang and others, and the two parties verbally agreed on a monthly interest rate of 10%.

Due to Cai Meijuan's late repayment, Du Jinliang and others had conflicts with Cai Meijuan many times, and Cai Meijuan called the police many times.

On the day of the incident, Du Jinliang and others carried Cai Meijuan's belongings to the door of Cai Meijuan's company, and ate barbecue and drank beer at the company's door. At about 20 o'clock that night, the appellant Zhang Chi and Cai Meijuan came to the company and were beaten by Du Jinliang, Li Fujun, Yan Zhaosheng, and Guo Tianming took him to the reception room on the first floor of the office building.

In the reception room, Du Jinliang and four other people took away their mobile phones and insulted, beat and took off their pants on Zhang Chi and Cai Meijuan. They were not allowed to leave the reception room. Company employees called the police.

At 22:17 that night, law enforcement officer Wang Yajun led two auxiliary police officers to the reception room to understand the situation, and then left the office building to find the caller to understand the situation.

Zhang Chi and Cai Meijuan wanted to leave the reception room with Wang Yajun and others, but Du Jinliang and others blocked them and forced them to sit down.

After Zhang Chi refused, he was pushed to the corner of the reception room. During the dispute, Zhang Chi picked up a sharp knife on the table and warned Du Jinliang and others not to approach. Du Jinliang made provocative words and kept approaching. Zhang Chi stabbed Du Jinliang in the abdomen, and then stabbed Li Fujun, who was surrounding him. One knife each on Yan Zhaosheng's chest, abdomen and Guo Tianming's back.

Wang Yajun quickly returned to the reception room, and after repeated orders, Zhang Chi handed over the sharp knife. "

Hearing that the facts had been determined, Ren Zhen felt a little relieved. The facts found this time were much more detailed than those in the first trial. The descriptions of Wang Yajun and the other two people after they arrived at the scene were much more detailed. Apparently the judges took this plot into consideration.

“This court believes that at the time of the incident, Du Jinliang and others illegally detained Zhang Chi and Cai Meijuan, which restricted their personal freedom, accompanied by insults and pushing. When the law enforcement officers arrived at the scene, Zhang Chi and Cai Meijuan wanted to follow the law enforcement officers. When they walked out of the reception room, Du Jinliang and others continued to block him.

After Zhang Chi warned with a knife, he still provoked and approached, it can be considered that Zhang Chi carried out the unlawful infringement required by legitimate defense, which did exist at the time and was in the process of being carried out.

Zhang Chi stabbed Zhang Chi with a knife when his personal safety faced a real threat, and the people he stabbed were all approaching people despite his warning. It can be determined that his behavior was to stop illegal infringement and was defensive in nature.

Although the debt collection behavior of Du Jinliang and others was inappropriate and constituted ongoing illegal infringement, it did not constitute an offense as stipulated in Article 20 of the Criminal Law. Therefore, Zhang Chi's defensive behavior did not constitute special defense. "

Zhang Chi and Cai Meijuan's hearts sank.

Ren Zhen's expression remained as usual.

He had been mentally prepared for a long time. According to the law, fighting in legitimate defense was just a strategy. He did not think that Zhang Chi's behavior could really be regarded as special defense.

Including the issue of limits, from a purely legal perspective, he is more inclined to believe that Zhang Chi's defense was excessive.

The reason why the fight is based on self-defense is just to gain more benefits for the parties concerned.

“The appellant submitted that his actions were self-defense and his defensive actions did not exceed the necessary limits.

According to the facts found in this case and the evidence on record, although Du Jinliang's party was large in number, his intention to commit illegal infringement was to put pressure on Cai Meijuan to recover their debts, and they did not bring or use any equipment during the debt collection process.

When law enforcement officers arrived at the scene, Du Jinliang and others did not engage in a violent confrontation or physical conflict with Zhang Chi. Although Zhang Chi still provoked and approached Zhang Chi after warning with a knife, they did not commit a strong attack.

And even after being stabbed by Zhang Chi, Du Jinliang and the other four victims did not fight back violently, and the victim Guo Tianming was stabbed from behind by Zhang Chi.

To sum up, it should be determined that Zhang Chi's defensive behavior clearly exceeded the necessary limit and caused significant damage.

Therefore, this court will not accept the defender's opinion that Zhang Chi's defensive behavior did not exceed the necessary limit. "

Cai Meijuan's face was ashen, but Zhang Chi's expression was not bad.

Originally, he was sentenced to life imprisonment in the first instance, but the court of first instance did not even recognize the defensive nature of his behavior.

Although I think he was overly defensive now, at least it was more defensive than in the first trial.

This is not going to sentence me to life, right?

"For the victims and their families, Zhang Chi's behavior was intentional homicide. After investigation, although Zhang Chi stabbed four victims in a row, the stabbing targets were all people who were approaching him, and he did not pursue or attack any of the victims. A continuous stabbing move.

It can be seen that Zhang Chi's purpose was to stop the illegal infringement and leave the reception room. He did not have the intention to kill. Therefore, this court will not accept the above opinion.

Regarding whether the appellant Zhang Chi constituted surrender, after investigation, after Zhang Chi stabbed someone with a knife, the law enforcement officers quickly returned to the reception room and handed over the sharp knife after repeated orders. His behavior was just that he did not resist on-site law enforcement and had no intention of voluntarily surrendering. and behavior.

Therefore, this court will not accept the defense opinion of the defender that Zhang Chi constituted surrender! "

(End of this chapter)