Lawyer: The bully is not guilty? I will send him to death!

Wang Hao shook his head: "No, I was extremely angry at that time, but when Zhao Wu took out the knife, my mind went blank, and then I lost my mind, and I couldn't control my body..."

Lin Mo nodded: "Presiding Judge, my questioning is over."

"Furthermore, our client fainted immediately after stabbing someone, which also proves that our client's emotions were completely out of control, which meets the components of a crime of passion."

After Lin Mo finished his first paragraph, the presiding judge and other legal professionals in the audience nodded. Wang Hao could indeed be judged as a crime of passion.

But no one has forgotten that what Lin Mo wants to demonstrate is legitimate defense.

At this time, Lin Mo continued: "Of course, I think Wang Hao's behavior also meets the requirements of legitimate defense."

"First of all, Wang Hao was restrained by Zhao Wu and others, and Wang Hao's relatives were also threatened with humiliation. So according to Article 20, Wang Hao's situation is classified as 'kidnapped', while the situation of Wang Hao's relatives is classified as 'rape' ', both fall within the category of 'violent crimes that seriously endanger personal safety', and Zhao Wu and others are criminals who committed violence, so I believe that Wang Hao's counter-attack was completely justified."

"Presiding judge, I have finished my statement."

As soon as Lin Mo finished speaking, the whole Internet started to discuss it.

"Teacher Luo, can what Lawyer Lin said be true?"

Luo Daxiang nodded: "Lin Mo is very smart. He first argued that Wang Hao committed a crime of passion, which can reduce the criminal law. Then he argued that Wang Hao's behavior complied with Article 20 and was a legitimate defense. But judging from Lin Mo's discussion, Wang Hao The behavior is indeed consistent, but it still depends on what objections the prosecutor’s lawyer Wang Cong will raise.”

At this moment, everyone's eyes were focused on Wang Cong.

Chen Guangtai also turned to Wang Cong and asked, "Prosecutor, do you have anything else to say?"

But Wang Cong just sneered:

"Yes, of course!"

"I think that although Wang Hao did not commit the crime of intentional homicide, it did not constitute legitimate defense. Instead, he killed three people in excessive defense!"

"According to the law, death caused by excessive self-defense can be punished with intentional homicide!"

As soon as these words came out, everyone in the audience was shocked.

Wang Cong had a smile on his face. He was experienced and of course he could improvise on the spot, since you were not deliberately killing someone with a knife.

Then it is a fact that you killed three people while defending!

If excessive self-defense results in death, you can be sentenced to intentional homicide.

Then, he continued: "Presiding judge, I request that the video be shown in the scene where after Wang Hao stabbed Zhao Wu, he turned around and ran away, and Wang Hao chose to catch up and perform a follow-up attack."

Soon, the video repeated that sequence.

Wang Cong pointed to this section and said: "Judging from this video, Zhao Wu completely lost his ability to attack after throwing the knife and being stabbed.

Wang Hao took the knife and chose to continue chasing and slashing, but he still chased and slashed violently, and even pushed Zhao Wu to the ground and slaughtered him.

Is this what Lawyer Lin calls self-defense?

What a joke! "

Wang Cong's voice became louder and louder: "If Wang Hao was acting in self-defense when he stabbed him for the first time, then was it still self-defense when Wang Hao chased and killed Zhao Wu, who was not a threat? He just wanted to kill Zhao Wu. So I think Wang Hao just wanted to kill Zhao Wu, which is completely outside the scope of self-defense!"

The explanation of excessive defense is: ‘In the process of implementing legitimate defense, if the behavior exceeds the obviously necessary limit and thus causes significant damage, then one should bear criminal liability for this. ’

Wang Hao's behavior clearly exceeded the necessary limit and he should be held criminally responsible!

And he killed three people! The defense was enough to kill three people! "

"Presiding judge, I'm done."

After finishing speaking, Wang Cong raised his head and gave Lin Mo a playful look.

This time he is very confident!

Because since the law of Article 20 came out, no judge has issued a judgment at all.

Most of the judgments are for excessive defense, and the judgment of excessive defense is very easy to be effective.

There are very complex reasons for this.

Therefore, Wang Cong was very determined in his heart: "No matter what, Wang Hao is chasing three people, and the advantage lies with me!"

After Wang Cong finished speaking, there was a crazy discussion on the Internet because he put forward a new point, "Excessive defense will lead to death!"

In the live broadcast room.

"Teacher Luo, is Wang Cong's statement correct?"

"Yes, please explain!"

Everyone was obviously anxious. If it was true, then Wang Hao still committed intentional homicide!

At this time, Luo Daxiang thought for a while and said: "Yes, Wang Cong's statement is correct. Without considering the influence of other factors, Wang Hao's first counterattack after seizing the knife was within the scope of legitimate defense, but the second knife , the third knife, and the subsequent pursuit and slashing, are no longer within the scope of legitimate defense, but excessive defense that results in death.”

Such an explanation made netizens anxious!

"Ah! This, this law is too rigid!"

"Yes, if this is really the case, the judicial system is too rigid."

"That's right! Isn't this embarrassing the victim? Is it possible that you ask Wang Hao, a bullied person, to consider excessive defense when protecting himself? Can you only let Wang Hao stab Zhao Wu and then let him Wang Hao stopped, and when Zhao Wu threatened again, Wang Hao could fight back again? "

"So if you want to trigger legitimate defense, you have to conduct a round-based attack and defense? This is too much..."

"This is not a law that normal people can understand..."

For a while, netizens expressed their dissatisfaction.

At this time, Luo Daxiang and major legal big Vs sighed helplessly.

Luo Daxiang explained helplessly: "In fact, since the appearance of Article 20, few judges dare to rule. Why is this?

Article 20 appeared in the 1990s when surveillance cameras were not popular. Judges relied on confessions to make judgments.

There is a huge loophole. For example: 'If a gangster angers you first, and when you attack him, he kills you with a knife, he is in legitimate defense in law.'

Why? Because when you attack him, you may have committed a violent crime that seriously endangers personal safety. Then when the gangster kills you, it is in legitimate defense.

The result is that you are killed by the gangster, but he is in legitimate defense and is not guilty.

So in order to avoid such absurd examples that cause public outrage, the court When sentencing such cases, they will sentence people to excessive defense resulting in death.

They will sentence the gang to intentional homicide.

So this kind of sentencing has been passed down, and it is still the same until now.

When encountering such cases, judges will give priority to sentencing people to excessive defense.

If law students pay attention, since the promulgation of the Criminal Law, my country has rarely used the legitimate defense of Article 20.

Few lawyers will use the legitimate defense regulation to make arguments. It is the first time that Lawyer Lin has used it in such a case, and there is no precedent.

If the previous sentencing is followed, Wang Hao will indeed be sentenced to "excessive defense resulting in death".

So it is even more difficult for Lawyer Lin to prove that Wang Hao is legitimate defense! "

Luo Daxiang's tone was very serious, and people felt the extremely tense atmosphere.

Even Luo Daxiang did not expect that Wang Cong's thinking would change so quickly! He caught people off guard!

After Mr. Luo's explanation, the audience suddenly realized that this was the case.

But netizens were in a very bad mood.

"It turns out that it is so difficult to judge legitimate defense!"

"Hey, what should we do?"

"Wang Hao will not be sentenced to excessive defense causing death!"

"I am so angry! What kind of law is this! Can it be amended?"

"Hey, there is no way. This law is so rigid. In order to prevent people from exploiting loopholes, judges can only judge like this to deter them, and Wang Hao is the victim of this loophole."

At this time, netizens were almost mad. It turned out that the judgment of legitimate defense was so rigid.

Luo Daxiang also shook his head at this moment. There was no way. Legitimate defense has always been very difficult to judge.

If the judge wants to avoid mistakes, he can only sentence it to excessive defense.

But at this time Luo Daxiang still said: "Don't be discouraged, lawyer Lin Mo still has a chance to speak, we can listen to how he explains it."

At this moment, everyone's eyes fell on Lin Mo.

Everyone is looking forward to Lin Mo's reversal.

Although Luo Daxiang said so, he still showed a worried look.

Not only him, but all legal bloggers on the Internet are very helpless now, because there is no successful precedent.

No one knows how to prove "self-defense."

And it is so difficult to prove that Wang Hao was acting in self-defense under Wang Cong's clear explanation!

Everyone frowned, hoping that Lin Mo's explanation would produce a miracle.