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

Chapter 9 Intentional murder?justifiable defense!

"I have objections!"

Wen Xuan's answer was so loud that many netizens across the screen could hear it clearly.

"Did I hear you correctly? She also has objections?"

"The person who analyzed it so clearly just now, come forward and explain what's going on!"

Zhang Ziyu was also confused.

Although she is not very experienced, she also knows that the views of defense lawyers and defendants can be theoretically different.

It is also true that the water friend just said that if you plead guilty, you will most likely get a lighter sentence, so the defense lawyer will adopt a defense strategy that has a different point of view from the defendant.

But in general, judges are not stupid. If the lawyer's defense opinions are unfounded, they will naturally not be accepted by the trial court.

Coupled with the inconsistent viewpoints of the defendant and the defense attorney, it is easy for the entire defense process to be inconsistent.

Therefore, in practice, few people adopt such a defense strategy.

Of course, just because there are few does not mean there are none.

So when Ren Zhen said he had objections, Zhang Ziyu's first reaction was the same.

But judging from Wen Xuan’s answer, it doesn’t seem to be the case?

Zhang Lixia has no fewer doubts than others, but after all, he is an experienced judge. What kind of storms and waves has he not seen?
"Defender, you can now express your defense opinions."

"Okay, presiding judge."

Ren Zhen nodded and glanced at Wen Xuan.

At this time, Wen Xuan was watching him nervously, her nails clenched tightly in her palms, and her face was a little pale.

Giving Wen Xuan a reassuring look, Ren Zhen looked at Huang Jing opposite.

"Before delivering the defense opinion, on behalf of the defendant, I would like to express my great sympathy and condolences to the victim's family."

"Humph!"

On the other side, Kaishanshan snorted coldly.

pity?Condolences?
No need!
My son is dead, what’s the use of condolences?

Lose money!

Ren Zhen seemed not to notice and continued:
“Our defense opinion is as follows:
The defender did not object to some of the facts stated by the public prosecution regarding the dispute between the defendant and the victim on the day of the incident, but he did have objections to the coherence and some details of these facts. The facts are disputed as a whole.

The defender objected to the public prosecution's charge of intentional homicide against the defendant, believing that the public prosecution's criminal charges did not comprehensively integrate the complete facts of the case, so the characterization of the charge was inaccurate, let alone the applicable law based on this fact.

Therefore, the defender disagrees with the facts and charges charged by the public prosecution! "

Ren Zhen's words were shocking and made the whole court fall into silence!

Neither Zhang Lixia nor Huang Jing expected that Ren Zhen not only had objections to the indictment, but also completely denied it!
This is equivalent to questioning the judgment of the first instance court, the prosecutor's review and prosecution at the same time.

At the same time, it also indirectly questioned the law enforcement party who first came into contact with the case!
In the live broadcast room of Xiaopo Station.

"Why aren't you talking? Am I stuck?"

"Is it because the court's live broadcast system is stuck? Our live broadcast room is fine."

"Although I don't understand much, it seems that the lawyer said something extraordinary?"

"It's more than amazing!"

"What do you mean by having objections to some facts, then not having objections, and finally still having objections? Is this lawyer talking about Guan Kou?"

"If I don't let you people read more books, you'll be blinded, right?"

Zhang Ziyu suppressed the shock in her heart.

Although she was surprised, she did not forget her status as a part-time up, and she still needed to explain it to the audience.

"For criminal cases, in order to determine a defendant's ultimate guilt, we first need to clarify the corresponding criminal facts."

"In this case, it's the fact that Wen Xuan killed her husband."

"This process sounds simple, but in actual operation, it needs to be combined with various evidences and some legal identification standards to finally form a complete chain of evidence to complete the identification of criminal facts."

Zhang Ziyu took a deep breath and felt like she was back in those days when she was doing memorization before exams:

"After the facts of the crime are determined, it is based on the corresponding laws and the constituent elements of each crime to determine whether the case can correspond to the relevant elements one-to-one. If all of them match, the defendant can be found guilty."

It has to be said that although Zhang Ziyu has not been practicing for a long time, she is very solid in her profession.

It can also convert French into spoken words, so that most water friends can understand it.

No wonder he has become the top performer in Xiaopozhan practice area!
"From what lawyer Ren said, it seems that the facts identified by the prosecutor were not comprehensive, which triggered a series of reactions later."

"But during the first trial, it seemed that the relevant facts were not mentioned. I don't know if new circumstances have arisen since the first trial."

After Zhang Ziyu finished speaking, he suddenly felt a little excited.

Maybe there will really be a turning point in this case?
Whether as a woman or as a lawyer, Zhang Ziyu hopes that Wen Xuan will be given a lighter sentence.

After all, anyone who falls in love with a husband like Zhang Wenhai will have bad luck for eight lifetimes!
In the court, Ren Zhen did not pause for long.

An appropriate pause is to give the judge and prosecutor time to digest.

Of course, the main thing is to give the clerk time to record.

A long paragraph is said at once, and it is completely different from what is in the indictment. The clerk cannot copy and paste it as usual.

This is undoubtedly something that drives the clerk crazy.

If you continue talking without taking note, you may be interrupted by the clerk and asked to say it again.

Ren Zhen suffered such losses when he first started practicing, so he took this into full consideration.

“We have no objection to the finding in the indictment that there was a dispute between the defendant and the victim, but there is no explanation in the indictment as to why the dispute occurred.”

"Therefore, the defender applies for a supplementary explanation of the reasons for the dispute between the two."

Zhang Lixia pondered for a moment: "Defender, is your next addition relevant to this case?"

"Yes!" "Then you can start replenishing."

Nodding, Zhang Lixia agreed to Ren Zhen's application.

Huang Jing looked serious at this time and was talking to his assistant.

Obviously, Ren Zhen's objection was completely unexpected.

"At about 20:21 on X month XX, [-]XX, that is, the night of the incident, the victim Zhang Wenhai came home after drinking outside. After entering the door, he went straight to the bedroom.

The defendant was hanging clothes to dry on the balcony of his bedroom. Without any precautions, he was pinned down on the bed by Zhang Wenhai.

After a short period of fruitless resistance, the defendant Wen Xuan bit Zhang Wenhai.

The above facts are supported by evidence such as the defendant's confession, police records and autopsy records.

The dispute in the indictment started when Wen Xuan bit Zhang Wenhai. "

Hearing this, Huang Jing breathed a sigh of relief, but at the same time he felt a little more dissatisfied with Ren Zhen.

These things were indeed not included in the indictment, but they were mentioned in previous court investigations.

Maybe not that detailed, but definitely approved by the court.

Are you raising objections just because of this?
Is this lawyer trying to amuse me?

Or is this guy actually an amateur?
Of course Ren Zhen would not know what Huang Jing was thinking, so he continued:

“During the dispute, Wen Xuan learned a fact that shocked and made her extremely angry!

Zhang Wenhai, who had been married to her for less than a week, had been gambling every day since the second day of their wedding. After losing all his money, he even used his newlywed wife as a bet!

After losing another bet, he would take his so-called gambling friend back home and let him have sex with Wen Xuan to repay his gambling money.

This is also the source of Zhang Wenhai's death! "

"Although I already knew this was the case, I was still speechless when I heard it again."

"Is this the marriage my parents have been pushing me to get into all day?"

"Thank you for the invitation. If you don't want to step into this tomb, just fast forward to the crematorium!"

"We just got here. Turns out this victim is a scumbag? He supports the death penalty!"

"Betting on dogs is not the same thing!"

"Well done to the sisters! Justice will be served!"

"Are you still arresting me? Shouldn't you be given a certificate for eliminating harm to the people?"

Seeing the excitement among the people on the barrage, Zhang Ziyu couldn't laugh or cry.

Seeing that the trend was getting worse, Zhang Ziyu quickly spoke:
"I understand what everyone is saying, but whether Zhang Wenhai gambles or uses his wife as a bet, even if he breaks the law, the law should punish him."

"As individuals, we don't have this power."

"What's more, none of this can change the fact that Wen Xuan committed murder. At most, it will only play a certain role in sentencing."

"Then Lawyer Ren has been talking here for a long time, is he playing the emotional card?"

"this."

Zhang Ziyu is not sure either.

in court.

Zhang Lixia was also a little confused.

We all know what you said, and we all agree.

However, what does this have to do with your objection to the criminal facts and charges?
I admit that the victim is a scumbag, and I also admit that Wen Xuan is unfortunate.

But this is not the reason for her killing.

If it were just because the indictment was not so detailed, this objection would be a bit ridiculous.

Others may think that Zhang Wenhai's death is not a pity, but as a lawyer, he would not make such a stupid mistake in court, right?
"Defender, I need to remind you."

Zhang Lixia interrupted Ren Zhen, "The facts you mentioned are just not presented in the indictment due to length issues. It does not mean that the prosecutor has not identified the corresponding facts."

"If your objection is based on this, it might be time to reconsider your defence."

Huang Jing in the prosecutor's seat nodded with satisfaction.

exactly.

What the presiding judge said was exactly what I was thinking.

Heroes see the same thing!
Isn't this lawyer really a parallel importer who cheats money?

Thinking of this, Huang Jing looked at Wen Mingyang and his wife in the audience with more sympathy.

How miserable.

My daughter met such a husband on a blind date.

Now the second trial involves such a lawyer.

All living beings suffer!
"Dear presiding judge, this is not the focus of the defender's supplement."

When Huang Jing had identified Ren Zhen as an unscrupulous lawyer, Ren Zhen spoke:

"It's just my supplement, which needs to be based on the above-mentioned facts. Although the corresponding facts have been found in the first instance, I think it is necessary to make it clear here."

"Then you first state the additional key points, and then expand on it in detail if necessary."

Zhang Lixia nodded and signaled Ren Zhen to emphasize the key points.

"Okay, presiding judge."

"The defender believes that the defendant's intentional homicide does exist, but it does not constitute intentional homicide."

Ren Zhen's voice was not loud, but he said with 12 degrees of certainty:
"Because the defendant's behavior was self-defense!"

(End of this chapter)