Lawyer: The bully is not guilty? I will send him to death!
Chapter 62: Chasing and killing is also legitimate defense! Genius explanation!
In the court
Qiu Ying also became nervous, her whole face wrinkled into a ball. She didn't expect that Wang Cong on the other side would have such a flexible mindset.
He changed his argument directly and immediately leaned towards excessive self-defense causing death.
It seemed that the perjury he committed had no effect on him at all!
"Lawyer Lin..." Qiu Ying grabbed Lin Mo's sleeve, her hands were soaked with sweat.
And Lin Mo didn't have any panic expression at all at this moment.
Instead, he smiled and patted Qiu Ying's back of the hand.
At this time, the presiding judge looked at Lin Mo: "Lawyer of the appellant, do you have anything else to say?"
"Presiding judge, I do." Lin Mo raised his hand.
Wang Cong looked over with a playful look, to see what you can say.
At this time, Lin Mo glanced at Wang Cong, and then said very calmly: "Judge, regarding the claim made by lawyer Wang that Wang Hao's excessive defense caused death, I think it is completely nonsense!
First of all!
Zhao Wu was the first to attack my client Wang Hao with a knife, which proves that he had the intention to harm my client!
Then, we can see that when Zhao Wu stabbed Wang Hao, the knife fell.
When the knife fell, Zhao Wu had obvious fighting behavior, which proves that Zhao Wu had no intention of stopping the infringement!
He also wanted to continue to grab the knife and stab Wang Hao!
But the knife was picked up by my client, and he stabbed Zhao Wu in turn. This knife, we learned from the video, was not fatal.
Then the next is the key point that lawyer Wang said. It is also the reason why he thinks that the defense was excessive.
Why did my client chase and hack?"
Then, Lin Mo adjusted the video screen to the scene where Zhao Wu turned around and ran away after being stabbed. Then pause.
Lin Mo pointed at the screen and said, "As you can see, there is a row of cabinets behind Zhao Wu! On top of the cabinets are machetes, iron rods and other weapons held by the black society. So I can infer that Zhao Wu, who was not fatally injured at this time, was still thinking about turning around to get the weapons on the cabinets!
His intention to harm my client Wang Hao has not ended!
So when Wang Hao chased Zhao Wu, he was still in the category of legitimate defense!"
At this point, Lin Mo's mouth corners slightly raised.
What is excessive defense?
There is no precedent in this parallel world, but there is a precedent in my previous life!
That is the "Kunshan Longge Counterattack Case"!
That is a case that promotes judicial progress, and the legitimate defense sentenced is of great significance!
Gives the most correct and reasonable judicial interpretation of legitimate defense: "That is whether the first perpetrator still has the intention to harm!"
Lin Mo has studied this case in depth.
Not only Lin Mo, all lawyers have studied it in depth, and even many foreign lawyers and judges have paid attention to it.
At that time, after Brother Long's machete fell, he tried to go back to the car to get another weapon. This action was determined by the judge to be "still with the intention of harming."
As a result, the honest man picked up the knife and chased him to hack, but it was still determined to be self-defense.
Brother Long, a gangster, promoted the progress of justice at the cost of his own life, which is very great!
Back to the present.
Lin Mo only needs to refer to the trial at that time.
As for the case of Wang Hao's counterattack, if Zhao Wu, who was counterattacked, had no intention of harming, then Wang Hao's continued pursuit and hacking did violate "excessive defense."
And it happened that Zhao Wu turned around and wanted to run to the cabinet behind him, and it happened that the cabinet was full of various controlled knives of their gang.
Then it can be determined that Zhao Wu still wanted to take the weapon to violence Wang Hao, and still retained the intention of harming.
So Wang Hao's pursuit and hacking behavior is still within the scope of self-defense!
After Lin Mo's explanation.
In the court, everyone was stunned.
The legal big Vs of major live broadcast platforms were also stunned.
Even the presiding judge and the two judges were stunned.
Then, they all widened their eyes, and they heard a rarely mentioned word - "intention to harm"!
The next moment, Chen Guangtai, the presiding judge, had a light in his eyes.
It was as if he suddenly understood!
Yes, as long as Zhao Wu still had the intention to harm, then Wang Hao would always be in self-defense!
At this moment, Luo Daxiang was live streaming.
Netizens were very confused.
"Teacher Luo, what did Lawyer Lin say? I know all the words, why can't I understand!"
"There are many judicial terms that we don't understand at all if we haven't learned them. Teacher Luo, please explain them."
At this time, Luo Daxiang was very excited!
His eyes lit up, and he immediately explained excitedly: "It's very simple! Lin Mo meant that Zhao Wu had always wanted to kill Wang Hao. He turned around not to escape, but to take the weapon on the cabinet behind him to kill Wang Hao, so Wang Hao's pursuit and hacking process was still in self-defense!"
Luo Daxiang did not mention the intention to harm.
This term is a bit abstract, so he explained it in the simplest words.
He never thought that Lin Mo would use this term to refute Wang Cong's "excessive defense"!
It's amazing!
And at this moment in the court.
Wang Cong was also a little confused. He didn't expect that Lin Mo actually refuted it!
And it was well-founded and very reasonable!
Yes, Zhao Wu had the intention to hurt Wang Hao from the beginning, so turning around to get a weapon also retained the intention to harm!
Then doesn't it mean the other way around? Wang Hao's pursuit at this time is still to protect himself!
Wang Cong couldn't help but frowned.
Lin Mo can come up with this kind of explanation?
What kind of brain is this!
No! I have to calm down!
Excessive self-defense must be established!
Wait!
At this moment, Wang Cong thought of something and laughed, and then he said:
"Lawyer Lin, why did Zhao Wu go to get the murder weapon on the cabinet? What if he wanted to open the cabinet and take other items? You know, Zhao Wu is not tall, and he should not be able to reach the weapon on the top of the cabinet.
So, Zhao Wu didn't want to take the murder weapon on the cabinet, but to open the cabinet door and take something for self-defense!"
After saying that, Wang Cong laughed.
This argument is too easy to refute.
At this time, everyone's eyes fell on Lin Mo again.
Yes, what if Zhao Wu didn't go to get the murder weapon, but to open the cabinet door and take something for self-defense?
Without the intention to harm, then Wang Hao's pursuit is not excessive defense? !
However, just when everyone was nervous.
Lin Mo smiled and asked: "Think about it, Zhao Wu is the leader of a black gang that lends money at high interest rates. There are a lot of controlled knives on the cabinet behind him. If there are controlled knives on the cabinet, I dare not think about what more powerful weapons are in the cabinet.
If Zhao Wu opens the cabinet and takes out a pistol, a shotgun, or a grenade, or even a rocket launcher?
According to the positioning of his underworld group, I think this is very likely!
He may take out some kind of weapon with greater lethality!
Wang Hao is completely doing legitimate defense, even to prevent a greater crisis from happening! He is a hero!"
Lin Mo said very confidently, you Wang Cong can guess why can't I guess that there is a rocket launcher in the cabinet?
After listening, Wang Cong's mouth twitched, and he was so angry that he wanted to spit blood.
God damn, take a pistol from the cabinet, and even a rocket launcher came out!
There is a rocket launcher in your office!
Are you sick?
But Wang Cong knew that Lin Mo's suspicion was absolutely reasonable!
Because everyone agrees that Zhao Wu is a gangster.
In the office of the gangster, there are controlled knives on the cabinets, so the things in the cabinets are even more explosive? !
This time, the whole network was amused!
Lawyer Lin is right!
Zhao Wu is the boss of the gangster group. What if he opened the cabinet to get a more lethal weapon? !
"Hahaha! That's right! I was at the scene, I was the pistol!"
"Then I am a shotgun."
"Then I am a rocket launcher."
"......"
At this moment, Luo Daxiang also laughed.
He never thought that Lin Mo would explain it this way, even mentioning the rocket launcher.
This is simply a genius!
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