I don't know the East is white
Chapter 17 The Goodness of One Thought
Chapter 17 The Kindness of One Thought ([-])
After two and a half years, after Dongfangchai's unremitting efforts, Tang Jibai's case was finally appealed for retrial.A retired prosecutor returns to court to face his biological daughter.No matter from which angle you look at it, it is an annual drama.
Especially in the last male college student sexual assault case, Dongfangchai's shocking closing statement.After the wonderful pen of "Wusu No. 1 Story" became popular, it became a popular article, and the number of reposts in the circle of friends exceeded one million. It really became popular, and now is the time for the heat to ferment.The media regarded her as a public enemy, and twice as many reporters as usual came to the trial, secretly competing with each other, and the hearing seats were packed to the brim.
The prosecution's argument is that Tang Jibai killed people intentionally out of hatred, and his driving recorder clearly recorded the conversation between the two.Li Dalong not only confessed the crimes of the year, but also provoked Tang Jibai and insulted his dead father.Later, after Li Dalong had left his vehicle and the threat to his life was removed, Tang Jibai still chose to drive and hit Li Dalong to death.
The defender advocates the defense of innocence, which is a difficult defense direction.The defense of innocence was used in the first trial of this case. At that time, if I chose the misdemeanor defense and won a judgment of excessive defense, there was still hope.The conditions for satisfying innocence are as harsh as those for a death sentence.People in the legal field felt that the "Goddess of Invincibility" was a little too confident this time, or was carried away by personal emotions.
The argument of the first round of debate between the two parties was mainly whether Tang Jibai had unlimited right of self-defense in this case.
Dongfangchai demanded that the evidence provided by the prosecution and the sound from the driving recorder be played in court.
"Pause here and play it again."
"Stinky boy, I think you don't want to live anymore. You are playing tricks, believe it or not, I will kill you with one shot now."
"You can hear an obvious impact sound in the audio. May I ask the defendant, what did Li Dalong do to you at that time?"
Tang Jibai recalled a little. "He hit me on the head with the butt of his gun."
Dongfangchai showed the police's injury certificate at that time to prove that he had indeed been hit on the head. "So, the victim was robbing at gunpoint?"
"Yes."
"Please note that the victim was holding a modified pistol with a range of 50 meters. He had given my client a death warning because of a disagreement. My client has every reason to believe that even if Li Dalong left his vehicle, It is still possible to change his mind at any time and shoot him, as he said in the dash cam. His life threat is still not lifted, which means he still has unlimited rights of self-defense."
Prosecutor Dong also cited images from the dashcam during his statement.
"Defendant, Li Dalong's last words when he jumped out of the car were, 'He looks forward to seeing you again.' Although I don't know why the victim left such a sentence, it can at least show that he had decided to stop violating you at that time. Otherwise, he would not have left your car. And he stood in front of your car counting money for several minutes and did not do any further harm to you. When the body was found, the pistol was in his jacket pocket, not in his hand or This proves that it was absolutely impossible for Li Dalong to injure the defendant with a pistol at that time. The defendant's life was not threatened."
Dongfang Bai immediately retorted. "My client was unarmed, and I was facing a gangster who killed at least five people with a gun. From the massacre of house robbery, it can be seen that killing people is completely for fun for Li Dalong, and he doesn't even need an enraged Opportunity, as long as he wants, he can hurt my client at any time. There are many possibilities that the pistol did not fall in the wild. Maybe he made a physical movement or expression that threatened my client, but he didn't have time to draw the gun, or he used it. Other weapons that threatened my client, in short, the location of the gun does not prove that he did not have the intention and possibility of harming my client at that time."
Prosecutor Dong whispered to Dongfang Huo next to him in the prosecution booth. "Old section chief, a tiger father has no dog daughter." There was a flattering smile in his tone.
Dongfang Huo couldn't laugh at all.The more sharp-edged you are, the harder it is to escape an early death.She has not learned to hide her clumsiness for so many years at the grassroots level.Moreover, he knew too well that his daughter was quite clever, and it was fine to use tricks to deal with ordinary opponents, but if he met a real master, he would not stand up to scrutiny.
"Please tell me, the defense lawyer, what is the second of the four conditions for the definition of self-defense in Article No. 20 of the Criminal Law?" Dongfang Huo stood up slowly with a cane and asked her a question.
"Time condition: when the illegal infringement is in progress, the defensive behavior can be legalized." Seeing that her father's lips moved as if to refute, Dongfangchai immediately went ahead and continued: "But the law also stipulates that the actual threat of illegal infringement is very serious." When it is obviously urgent and will cause irreparable harm after its implementation, it can be considered that the infringement has begun. In property crimes, even if the infringement has been completed, if the loss can be recovered in time, it can be considered that the unlawful infringement has not yet begun. It's over. Take this case as an example, Li Dalong took other people's property, although the crime of robbery has been completed, the defender can still use violence on the spot to take back the property, which is also considered a legitimate defense."
Dongfang Huo smiled, and her textbook-like verbatim rebuttal seemed to be in his expectation.From this smile, Dongfang Bai felt the excitement of the prey taking the bait. "Here we want to reiterate the second basis for the prosecution's original sentencing: the defendant Tang Jibai killed people based on hatred, not an excessive defensive behavior to get back property after being robbed. Presiding Judge, I would like to admonish the defendant Some Problems."
So far, the debate has entered the second round.What was the defendant's motive for the murder?
"May I ask the defendant, at that time Li Dalong snatched your wallet, which contained more than [-] yuan in cash, plus the value of the watch and wallet. The total amount reached tens of thousands. Why didn't you chase after him and snatch it back immediately after he left?"
"He has a gun in his hand and I don't want to risk money."
"That is to say, the purpose of your driving into the victim Li Dalong was not to get back the property?"
"Yes. But I..." Tang Jibai was interrupted by Dongfang Huo before he could finish his sentence. "Then the defense lawyer's example of recovering property loss just now does not apply to this case. May I ask what secret Li Dalong whispered in your ear before jumping off the car?" Because it was a whisper, the driving recorder only had very weak and broken words, which could not be heard at all. unclear.
"...I can't say." Tang Jibai was silent for a moment, staring into Dongfang Huo's eyes and gave this answer.Dongfang Bai rarely showed a frustrated expression.
Five days before the trial, when she visited Tang Jibai, he said the same thing.
【"Brother, can you tell me. What is the secret Li Dalong told you?"
Tang Jibai said, "I can't say."
"Since we were young, we've never had any secrets. What did he say that made you keep your mouth shut?" Dongfang Bai was puzzled by his attitude after he was imprisoned, and even the case itself seemed strange.
"What he said has nothing to do with this case."
"Even though I believe it's not related, if you don't make it clear, they will definitely make a fuss about it. It is because Li Dalong said something that angered you that you deliberately killed him. After all, the death of him and Uncle Tang ..." Dongfang Bai couldn't continue.It was only natural for Tang Jibai to harbor resentment towards Li Dalong. Li Dalong's cruelty and cunning caused Tang Shen's family to suffer a devastating blow.
Especially Tang Jibai firmly believed that his father would never be negligent in his duties, but the media had already determined the nature of his father and his behavior.One is eager for quick success, and the other kills for revenge.Add guilt to guilt.
"I haven't." Tang Jibai still uttered these three words gently, with the calmness of whether you believe it or not.
Dongfang Chao stroked his forehead, his anger had nowhere to vent.If it were any other party involved, she would have quit long ago.But this client was the one who begged her to come to the lawsuit, so she could only coax him carefully.
"Even if you casually say an unimportant thing, it's better than saying nothing. Your past record is very different from that of Li Dalong. The presiding judge in the court will definitely believe you."
"Xiaochai, you know this is perjury. I won't lie in court." Tang Jibai didn't bother to lie, and he didn't even want to trick him a little bit.
"Okay, I'm in a panic." Dongfang Chao raised his hands in a gesture of surrender. "Then answer me sincerely, why did you kill Li Dalong?"
"At that time, another girl appeared nearby, and Li Dalong wanted to attack her. It was a suburb, and it was already twelve o'clock in the morning. If I stood idly by, she would have no chance of survival."
The presiding judge had a scale in his mind, and on both sides of the scale were Tang Jibai's motives for killing.One thought for good, one thought for evil.And what Dongfangchai had to do was to tip the judge's balance to one side. 】
(End of this chapter)
After two and a half years, after Dongfangchai's unremitting efforts, Tang Jibai's case was finally appealed for retrial.A retired prosecutor returns to court to face his biological daughter.No matter from which angle you look at it, it is an annual drama.
Especially in the last male college student sexual assault case, Dongfangchai's shocking closing statement.After the wonderful pen of "Wusu No. 1 Story" became popular, it became a popular article, and the number of reposts in the circle of friends exceeded one million. It really became popular, and now is the time for the heat to ferment.The media regarded her as a public enemy, and twice as many reporters as usual came to the trial, secretly competing with each other, and the hearing seats were packed to the brim.
The prosecution's argument is that Tang Jibai killed people intentionally out of hatred, and his driving recorder clearly recorded the conversation between the two.Li Dalong not only confessed the crimes of the year, but also provoked Tang Jibai and insulted his dead father.Later, after Li Dalong had left his vehicle and the threat to his life was removed, Tang Jibai still chose to drive and hit Li Dalong to death.
The defender advocates the defense of innocence, which is a difficult defense direction.The defense of innocence was used in the first trial of this case. At that time, if I chose the misdemeanor defense and won a judgment of excessive defense, there was still hope.The conditions for satisfying innocence are as harsh as those for a death sentence.People in the legal field felt that the "Goddess of Invincibility" was a little too confident this time, or was carried away by personal emotions.
The argument of the first round of debate between the two parties was mainly whether Tang Jibai had unlimited right of self-defense in this case.
Dongfangchai demanded that the evidence provided by the prosecution and the sound from the driving recorder be played in court.
"Pause here and play it again."
"Stinky boy, I think you don't want to live anymore. You are playing tricks, believe it or not, I will kill you with one shot now."
"You can hear an obvious impact sound in the audio. May I ask the defendant, what did Li Dalong do to you at that time?"
Tang Jibai recalled a little. "He hit me on the head with the butt of his gun."
Dongfangchai showed the police's injury certificate at that time to prove that he had indeed been hit on the head. "So, the victim was robbing at gunpoint?"
"Yes."
"Please note that the victim was holding a modified pistol with a range of 50 meters. He had given my client a death warning because of a disagreement. My client has every reason to believe that even if Li Dalong left his vehicle, It is still possible to change his mind at any time and shoot him, as he said in the dash cam. His life threat is still not lifted, which means he still has unlimited rights of self-defense."
Prosecutor Dong also cited images from the dashcam during his statement.
"Defendant, Li Dalong's last words when he jumped out of the car were, 'He looks forward to seeing you again.' Although I don't know why the victim left such a sentence, it can at least show that he had decided to stop violating you at that time. Otherwise, he would not have left your car. And he stood in front of your car counting money for several minutes and did not do any further harm to you. When the body was found, the pistol was in his jacket pocket, not in his hand or This proves that it was absolutely impossible for Li Dalong to injure the defendant with a pistol at that time. The defendant's life was not threatened."
Dongfang Bai immediately retorted. "My client was unarmed, and I was facing a gangster who killed at least five people with a gun. From the massacre of house robbery, it can be seen that killing people is completely for fun for Li Dalong, and he doesn't even need an enraged Opportunity, as long as he wants, he can hurt my client at any time. There are many possibilities that the pistol did not fall in the wild. Maybe he made a physical movement or expression that threatened my client, but he didn't have time to draw the gun, or he used it. Other weapons that threatened my client, in short, the location of the gun does not prove that he did not have the intention and possibility of harming my client at that time."
Prosecutor Dong whispered to Dongfang Huo next to him in the prosecution booth. "Old section chief, a tiger father has no dog daughter." There was a flattering smile in his tone.
Dongfang Huo couldn't laugh at all.The more sharp-edged you are, the harder it is to escape an early death.She has not learned to hide her clumsiness for so many years at the grassroots level.Moreover, he knew too well that his daughter was quite clever, and it was fine to use tricks to deal with ordinary opponents, but if he met a real master, he would not stand up to scrutiny.
"Please tell me, the defense lawyer, what is the second of the four conditions for the definition of self-defense in Article No. 20 of the Criminal Law?" Dongfang Huo stood up slowly with a cane and asked her a question.
"Time condition: when the illegal infringement is in progress, the defensive behavior can be legalized." Seeing that her father's lips moved as if to refute, Dongfangchai immediately went ahead and continued: "But the law also stipulates that the actual threat of illegal infringement is very serious." When it is obviously urgent and will cause irreparable harm after its implementation, it can be considered that the infringement has begun. In property crimes, even if the infringement has been completed, if the loss can be recovered in time, it can be considered that the unlawful infringement has not yet begun. It's over. Take this case as an example, Li Dalong took other people's property, although the crime of robbery has been completed, the defender can still use violence on the spot to take back the property, which is also considered a legitimate defense."
Dongfang Huo smiled, and her textbook-like verbatim rebuttal seemed to be in his expectation.From this smile, Dongfang Bai felt the excitement of the prey taking the bait. "Here we want to reiterate the second basis for the prosecution's original sentencing: the defendant Tang Jibai killed people based on hatred, not an excessive defensive behavior to get back property after being robbed. Presiding Judge, I would like to admonish the defendant Some Problems."
So far, the debate has entered the second round.What was the defendant's motive for the murder?
"May I ask the defendant, at that time Li Dalong snatched your wallet, which contained more than [-] yuan in cash, plus the value of the watch and wallet. The total amount reached tens of thousands. Why didn't you chase after him and snatch it back immediately after he left?"
"He has a gun in his hand and I don't want to risk money."
"That is to say, the purpose of your driving into the victim Li Dalong was not to get back the property?"
"Yes. But I..." Tang Jibai was interrupted by Dongfang Huo before he could finish his sentence. "Then the defense lawyer's example of recovering property loss just now does not apply to this case. May I ask what secret Li Dalong whispered in your ear before jumping off the car?" Because it was a whisper, the driving recorder only had very weak and broken words, which could not be heard at all. unclear.
"...I can't say." Tang Jibai was silent for a moment, staring into Dongfang Huo's eyes and gave this answer.Dongfang Bai rarely showed a frustrated expression.
Five days before the trial, when she visited Tang Jibai, he said the same thing.
【"Brother, can you tell me. What is the secret Li Dalong told you?"
Tang Jibai said, "I can't say."
"Since we were young, we've never had any secrets. What did he say that made you keep your mouth shut?" Dongfang Bai was puzzled by his attitude after he was imprisoned, and even the case itself seemed strange.
"What he said has nothing to do with this case."
"Even though I believe it's not related, if you don't make it clear, they will definitely make a fuss about it. It is because Li Dalong said something that angered you that you deliberately killed him. After all, the death of him and Uncle Tang ..." Dongfang Bai couldn't continue.It was only natural for Tang Jibai to harbor resentment towards Li Dalong. Li Dalong's cruelty and cunning caused Tang Shen's family to suffer a devastating blow.
Especially Tang Jibai firmly believed that his father would never be negligent in his duties, but the media had already determined the nature of his father and his behavior.One is eager for quick success, and the other kills for revenge.Add guilt to guilt.
"I haven't." Tang Jibai still uttered these three words gently, with the calmness of whether you believe it or not.
Dongfang Chao stroked his forehead, his anger had nowhere to vent.If it were any other party involved, she would have quit long ago.But this client was the one who begged her to come to the lawsuit, so she could only coax him carefully.
"Even if you casually say an unimportant thing, it's better than saying nothing. Your past record is very different from that of Li Dalong. The presiding judge in the court will definitely believe you."
"Xiaochai, you know this is perjury. I won't lie in court." Tang Jibai didn't bother to lie, and he didn't even want to trick him a little bit.
"Okay, I'm in a panic." Dongfang Chao raised his hands in a gesture of surrender. "Then answer me sincerely, why did you kill Li Dalong?"
"At that time, another girl appeared nearby, and Li Dalong wanted to attack her. It was a suburb, and it was already twelve o'clock in the morning. If I stood idly by, she would have no chance of survival."
The presiding judge had a scale in his mind, and on both sides of the scale were Tang Jibai's motives for killing.One thought for good, one thought for evil.And what Dongfangchai had to do was to tip the judge's balance to one side. 】
(End of this chapter)
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