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

Chapter 247 He killed the city manager

“Regarding the issue of penalty discretion in this case, the public prosecutor who appeared in court pointed out that the injured party had serious faults and other circumstances that could lead to a lenient punishment for the appellant. The first-instance judgment imposed an unusually heavy sentence, and Zhang Chi should be mitigated or exempted from punishment in accordance with the law.

After investigation, it was found that before the incident of this case, Du Jinliang and other four victims had repeatedly insulted Cai Meijuan, interfered with the company's production and operation, and other acts of extorting debts. Cai Meijuan called the police many times, but Du Jinliang and others did not stop their illegal debt extortion behavior.

On the day of the incident, Du Jinliang and others illegally detained, beat, and humiliated him, as well as being pressed and harassed many times in the past few days. As a result, Zhang Chi inevitably acted with fear, anger, and other factors when performing defensive actions.

In particular, Du Jinliang was at major fault in triggering this case by exposing his naked body and insulting Cai Meijuan. Although it had been 20 minutes since Zhang Chi carried out his defensive behavior and law enforcement officers had arrived at the scene, this behavior was an important factor in triggering this case and the law enforcement officers mishandled it on the scene. It had an adverse impact on Zhang Chi's judgment and emotions, and should be considered as a favorable circumstance in Zhang Chi's penalty determination.

Du Jinliang's mother-humiliating behavior is seriously illegal and contrary to human ethics and should be condemned and punished.

However, Zhang Chi stabbed one person with a knife while the law enforcement officers were not far away, resulting in the death of one person, serious injuries to two people, and minor injuries to one person. One of the serious injuries was caused by Zhang Chi stabbing him from behind, and the consequences of the damage were serious.

Besides Du Jinliang, Li Fujun and three other people did not insult Cai Meijuan. Zhang Chi's defensive behavior caused far more damage than the legitimate rights and interests he protected, and the defense was obviously excessive.

The personal safety, personal freedom and personal dignity of Zhang Chi and his mother Cai Meijuan should be protected by law. However, Zhang Chi's defensive behavior exceeded the limits allowed by the law and he should also bear criminal liability according to law.

According to the provisions of my country's criminal law, those who intentionally injure someone and cause death shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death. If the defense is excessive, the punishment shall be reduced or exempted.

To sum up, Zhang Chi’s defensive behavior obviously exceeded the necessary limit and caused heavy casualties. After the reduced punishment, he should be sentenced within the statutory range of three to ten years’ imprisonment. "

Ye Bingwen paused for a moment, and everyone realized that he was about to announce the final verdict:

“Based on Article 20, Paragraph 1 of Article 63, Paragraph 3 of Article 67, Paragraph 2 of Article 234 and other provisions of my country’s Criminal Law, this court makes the following judgment:

1. The appellant (defendant in the original trial) Zhang Chi was convicted of intentional injury and sentenced to three years in prison.

20. Revoke the first criminal part of the criminal attached civil judgment No. 122 of the H City Intermediate Court of Province C (XX) H Xing Chu Zi.

20. Reject the victim’s request for compensation, and uphold the second and third items of the criminal with civil judgment No. 122 H Xing Chu Zi Intermediate Court of Province C (XX) H City Intermediate People’s Court (XX) with civil parts attached.

This decision is final! "

wow——

In the court, the auditorium exploded instantly.

"The sentence was actually changed?"

"Three years sounds like a long time, but the first trial is indefinite. Zhang Chi's second trial is really making a fortune!"

"Tch, what's the big deal? I thought it was just self-defense and I should be innocent!"

"Let me tell you, if someone hadn't died, this self-defense attack might actually have been successful."

"Although the defense was excessive, isn't the sentence of three years for the dead person a little too light?"

"Three years are still young. You won't be traveling with those debt collectors. Are you afraid that you will be stabbed by people like Zhang Chi?"

"People are talking about the law on a case-by-case basis. There is no need to be so aggressive."

"This lawyer did a really good job in the second instance. This time the court of the second instance became famous."

"And the law enforcement officers who showed up at the scene must not be punished one by one this time?"

For a time, everyone in the auditorium and on the Internet who followed the trial were discussing the outcome after the revised sentence.

Zhang Chi collapsed on the ground, and the bailiff couldn't pull him up.

The sentence was really changed to three years.

This result actually exceeded Zhang Chi's expectations. As soon as the trial ended, he felt like he had no bones and could no longer stand.

Although Cai Meijuan had some objections to not changing the verdict to not guilty, it was much better than the life sentence in the first trial. Looking at Ren Zhen who was signing the trial transcript, Cai Meijuan felt that the money was well spent.

Li Fujun and others were in despair.

three years?

How can this be?

We all thought it was too lenient when the judge of first instance sentenced him to life. Why did it become three years? He clearly deserves the death penalty!

And what about our eight million? Why don't you support it?

Who will get enough money for the first trial?

"Damn it, judge! Don't you think this is a case of bending the law for personal gain?!"

Ma Mengyun wailed: "You will not pay compensation, you will not be sentenced to death, and you will let this murderer go free. Is this what you want to do as an official?

I want to complain! I'm going to the Supreme Court! "

The judges who were about to leave the court seemed to glance here, and then left without looking back.

Fortunately, the court was quite noisy now, so I couldn't hear what she said. Otherwise, the judges would probably be very angry.

Outside the court, Liu Wenren gave a rare interview to the media on behalf of the public prosecution agency.

"I would like to ask Prosecutor Liu, there is such a big difference from life imprisonment to three years' imprisonment. What do you think caused this change?"

Facing reporters’ questions, Liu Wenren cleared his throat:

"The biggest reason for the difference between the first-instance and second-instance judgments is that the first-instance court made an error in determining the nature of Zhang Chi's behavior and did not determine that his behavior had a certain defensive nature."

"After the first-instance verdict, this case attracted the attention of tens of millions of people. Do you think the change in the second-instance verdict is necessarily related to public opinion?"

This issue requires caution.

Liu Wenren thought for almost half a minute before slowly speaking:

“Every citizen has the right to freedom of speech, which is a right given to us by the law. As long as public opinion is legitimate, we believe that public opinion has a supervisory role in the judiciary and helps our judicial process to be more prudent, open and fair.

But in general, whether it is our public prosecution agency or the judicial agency, we handle cases independently in accordance with the law and will not be interfered by other factors.

The reason why the second instance was able to change the verdict is that, if there is an inevitable connection, it boils down to the fact that the first instance judgment was indeed inappropriate. "

This statement is relatively obscure. Liu Wenren knows that if you say that it has nothing to do with public opinion, others will only think you are hypocritical.

But if you say it has something to do with public opinion, then some people will question whether the court's judgment of the case depends on public opinion?

Therefore, he did not deny the role of public opinion, but pointed out its supervisory role, and then bluntly said that the first-instance court made a wrong judgment. This was the biggest reason for the second-instance judgment to be changed.

I admit that the court made a mistake, you can't still question me, can you?

"Can you please comment on the conflict between the judiciary and public opinion in this case?" Liu Wenren was already sweating. Why are these reporters so tricky?

“In this case, public opinion questioned and corrected the first-instance judgment of Zhang Chi, which shows that there is an interaction between our judiciary and public opinion, and it also reflects the entanglement between legal principles and emotions.

From the perspective of the legal profession, the judiciary must remain relatively independent and eliminate interference from other factors. However, judicial independence does not mean maintaining independence in a vacuum of public opinion.

If the independence of the judiciary is too absolute, it may make the judicial institution rigid, and it does not rule out that individual justice may be violated.

In Zhang Chi's case, the court of first instance stood from a transcendent God's perspective, followed absolutely rational and objective standards, and mechanically concluded according to legal provisions that "the risk of infringement of the right to life and health is relatively small" and that "there is no urgency of defense" 'With such a conclusion, public opinion immediately paid attention to the inappropriateness of the first-instance judgment, and also provided warning and reference opinions to the second-instance court.

Public opinion and the judiciary seem to be telling stories in two different directions. Just like in this case, some people think Zhang Chi's behavior is a legal behavior, while others think it is an ethical behavior.

The behavior of the debt collector may not have endangered the lives of Zhang Chi's mother and son, but in our traditional culture, it is absolutely impossible for children to ignore the humiliation of their mothers. This is an important reason why Zhang Chi's resistance is recognized by many people.

Whether a crime is committed or not is sometimes not a purely professional issue. Everyone has the right to express their opinions. It is impossible for the judiciary to completely ignore the constraints of the general conscience of society.

Although legislation is rational, it is essentially a logical expression of human emotions. Law is ultimately an art of balance.

So what I want to say is that the law is not a cold text. It must also take into account ethics and human feelings, and strive to find a balance between various reasonable interests, so that people can feel true fairness and justice in judicial cases. . "

"As for Du Jinliang and others' debt collection, we can see illegal detention, beatings, insults and other behaviors. Will they not have to pay for these behaviors because they are victims?"

Li Fujun, Yan Zhaosheng and Guo Tianming, who had just walked out of the court gate and were standing outside the crowd to join in the fun, froze in vain when they heard this question.

"Of course that's impossible."

Liu Wenren had seen them a long time ago and glanced at them: "Everyone must bear responsibility for their own illegal acts. Although they are victims of Zhang Chi's case, they are also perpetrators of other cases.

They had been injured before and were victims, so the treatment of them was postponed.

But now that the Zhang Chi case is over, I think someone will soon go to these debt collectors to talk about their problems. "

It’s over! Is it too late to run now?

Li Fujun and the other three were covered in cold sweat and left in a hurry.

[Investigation results of Wang Moujun by the XX District Law Enforcement Bureau of H City

In the case of Zhang Chi that occurred on June XX, during the handling process, Wang Moujun, a law enforcement officer of our bureau, failed to effectively control the scene at the center of the crime, and failed to separate and isolate the two parties at the scene. However, the above-mentioned Since the problem did not constitute a crime of dereliction of duty, it was decided not to file a criminal case against Wang Moujun and to impose corresponding internal sanctions. 】

The day after the verdict, the results of Wang Yajun's treatment were announced on the official account of the XX Branch.

Immediately afterwards, two more announcements were released one after another.

[H City Law Enforcement Bureau reported that Du Jinliang, Li Fujun, Yan Zhaosheng, Guo Tianming and others were suspected of illegal crimes. It has been found that the gang was suspected of illegal detention, forced transactions, intentional injury, illegal residential intrusion and other crimes.

Except for the death of Du Jinliang, the 18 members of Du Jinliang's gang involved in the case, all the remaining 17 people were arrested. 】

As if in response to what Liu Wenren said at the court gate that day, the Law Enforcement Bureau quickly took down Li Fujun and others.

As for Du Jinliang, Zhang Chi had already taken him down, which was an advantage for him.

But the most unexpected thing is that Cai Meijuan and his wife were also arrested.

[Cai Moujuan and Zhang Mingzhao have been investigated by law enforcement agencies on suspicion of illegally absorbing public deposits, and this case is under further investigation. 】

"Ren Lu, you are really good at judging people. Cai Meijuan actually has something behind her back."

Chang Jiahang was a little surprised when he saw the notification from the Law Enforcement Bureau:

"The amount involved in the case is more than 20 million. Looking at it this way, it is strange that Du Jinliang and the others have to pay back the more than 1 million. It is just a drop in the bucket. Cai Meijuan may not take it to heart at all."

Ren Zhen stretched himself: "Who knows where her 20 million was spent. Anyway, our legal fees will be settled."

A couple who looked to be in their sixties sat at the desk and took the water that Chang Jiahang poured them. They were obviously a little embarrassed.

"Hello, lawyers, we heard that this law firm has a very powerful criminal lawyer, so we took the liberty to come and disturb you."

The couple were dressed simply and their words were full of inferiority complex.

"Don't say that, you two. You are customers, there is nothing presumptuous about you."

Ren Zhen felt a little uncomfortable in his heart and said quickly.

Compared with unreasonable clients, clients who come to lawyers despite seemingly poor financial conditions are often the ones who need legal services the most.

Because if they were not forced to do so, they might never enter a place like a law firm in their lifetime.

"You have come to the right place. Our most powerful criminal lawyer is Lawyer Ren."

After hearing Chang Jiahang's words, the two old men nodded repeatedly.

"Tell me what's going on first, and I'll hear what's going on."

The couple looked at each other and the husband spoke:

"My name is Qin Haiguang, and this is my daughter-in-law Tian Jiaqing. We got married late, and we only had a son when we were almost forty. His name is Qin Yingjie, and he is twenty-four years old this year.

This kid didn't study well when he was in school, and he didn't finish high school. Just in time for the village's quota, we asked the village chief to get him involved, and we got him into the army and served as a soldier for a few years.

But it's no good to be a soldier now without any education. He didn't stay there after several years of compulsory service, and he still couldn't find any decent job after he was discharged.

Later, he went to the city to study for a few days, where he bought a three-wheeler from someone else. In the afternoon and evening, he found a place to set up a stall selling sausages and the like. Although it was not easy, at least he had something serious to do. "

Speaking of this, Qin Haiguang choked up:

"If you set up a stall, you have to run away if you don't see the city manager. But who knows what happened to this bastard? When the city manager came to collect the things, he stabbed the city manager.

I heard the law enforcement officer handling the case said that the suggestion they gave was intentional injury or something, but the prosecution case was intentional homicide, and I guess my son might be sentenced to death.

What do you think we can do about this?"

(End of this chapter)