Chapter 215: You're Not Defending Her, You're Doing Justice
"Bai Song, don't be rash. What we need is legally binding evidence. Marhi said. He looked at Bai Song holding his breath, and he understood what Bai Song thought, but now was not the time to do useless work.
"Brother Ma, I'm not presumptuous. I am very responsible to say that our law clearly stipulates that minors can also be witnesses, but they must give testimony that is appropriate to their age and mental status. Although this child is seven years old, he knows who has entered his house, and he knows who has hit whom, and we will write down what he says.
It's just that although his mother Zhang Jing is the party, she is also his legal guardian. When questioning this child, his mother should be by his side, and we will record the whole process and let her mother be behind him, so that he can't give him any hints, so that this witness, even if it goes to the procuratorate, has legal effect. ”
"Is this the case?" Feng Bao looked curious: "This is really fresh, okay, Bai Song, the law is not in vain." That line, support you. ”
Bai Song glanced at Brother Ma and Brother Bao, and nodded gratefully.
...
Everything went smoothly, several calls were made in the afternoon, and they were all reasonably resolved in the interspersed arrangements of everyone, and the current records of the three parties to the case and the children of the witnesses were also taken in great detail.
Overall, it's no different from what Bai Song imagined.
Li Na knocked on the door to enter the house, not slammed the door to enter, after all, Zhang Jing did owe Li Na money, and it was impossible for her not to open the door.
Li Na herself did not admit to doing it, nor did she admit that the injury on Zhang Jing's head was caused by her, and said that she was miserable, and went in to ask for money, but the other party did not give it, but cut her with a knife.
Zhang Jing and Chu Wenwen's transcripts are relatively uniform, Li Na came in and had a fight with Zhang Jing, and then Li Na made a move on Zhang Jing. Chu Wenwen stepped forward to pull the frame, but he couldn't pull it open. Chu Wenwen was afraid, took the knife, took Li Na and still didn't leave, and leaned towards Chu Wenwen, and then Chu Wenwen's blade touched Li Na's head. After Li Na was injured in the head, she was driven out by Chu Wenwen.
This point is also consistent with Zhang Jing's son's transcript.
At present, it can be determined that Zhang Jing's injury was caused by Li Na, and there is no problem with this.
Li Na's injury was caused by Chu Wenwen with a knife, and there is no problem.
The transcripts and the stuff were finished, and it was already night. How to solve everything, it has to be judged from the injury, Bai Song made an appointment for a subsequent judicial appraisal of the injury.
It was past eight o'clock, maybe it was three waves of fights in a row at noon, and it was very quiet at this time, but Bai Song kept thinking about things in his head.
Why, if you are the same person, you must bully people so without a lower limit for that little benefit?
Bai Song thought about Li Na, and couldn't help but think of Scarface.
Bai Song has seen a lot of bullying things, but people always have a boundary, such as gray hair, Bai Song can see where his boundaries are, this kind of person, pull back, is a normal person. But Li Na and Scarface and the like have no bottom line and boundaries at all, they are really... Forget it, stop swearing.
A little irritable, Bai Song took out his mobile phone, thought for a few minutes, and still sent a WeChat message to Zhao Xinqiao.
There was no class in Xinqiao at night, and when I saw Bai Song's WeChat, I called Bai Song.
"Do you still have time to call me on duty?" Zhao Xinqiao was a little curious.
"Hmm... I've just finished what I'm doing, so I'm not too busy at this time. ”
"The police station is really hard, how long do you plan to stay in the police station?"
"It's hard to say, it's a lot of exercise here, let's see the opportunity. Bai Song said: "Have you read the WeChat you just sent you?"
"Look, this person who was cut down is so bad. Zhao Xinqiao also complained, generally speaking, legal people are very objective in looking at problems, but they also expressed strong dissatisfaction with this kind of behavior.
"Well, I'm also entangled, in this case, can it be determined that it is justified defense?" Bai Song asked, not embarrassed at all.
"Yes, why can't it? This is a criminal act of illegally trespassing into someone's house, and she also beats someone when she comes in, and the little girl's behavior is not a problem with justifiable defense. ”
"However, Li Na took the initiative to open the door and let her in, isn't it an illegal trespass?" Bai Song's mind was a little confused, and he always felt that there was something he couldn't grasp.
"Okay, it's time to give you this law student Pupufa. This crime, the judicial examination is not very much, the judicial examination for criminal law, in fact, is not very complete, and the judicial examination is mainly about understanding, light theory, you guess you haven't memorized the law, right?
In fact, the second paragraph of Article 245 of the Criminal Law stipulates that the crime of trespassing into a residence refers to the act of entering a citizen's house against the will of the members of the house or without a legal basis, or refusing to leave after entering a citizen's house after entering it.
Although when this bad woman went in, the family opened the door and allowed her to enter, but there was a conflict in the middle of the period, the family asked her to go out many times, she didn't go out, and she still started with the family, which is naturally a refusal to leave, and naturally can constitute the crime of illegal invasion of other people's homes.
At this point, it is true that similar problems always arise in judicial practice, many people have entered other people's homes, and others have driven them away, and they can not leave. In fact, if the behavior is long and the behavior is bad, it may constitute a crime. “
Bai Songru was like an educated little boy, and nodded to himself: "I feel that I will definitely not be able to pass the bar exam..."
"No, I talked to you last time, I feel like you have a very good foundation, but you still need to consolidate it. ”
"Well, thank you, and I don't know how to thank you. Bai Song was a little embarrassed, if he didn't keep studying, he would really get bigger and bigger with people like Zhao Xinqiao.
"Thank you, okay, next time I go to Tianhua City to participate in the second trial, you have to invite me to a big dinner. Zhao Xinqiao was very happy: "But ah, I hope it's your company who has passed the exam." ”
......
hung up the phone, and Bai Songfa was stunned for a while.
As a police officer rather than a lawyer, although Bai Song does not protect the rights of his clients like lawyers, what Bai Song pursues is justice.
What Bai Song is defending is not the interests of Chu Wenwen and her mother at all, it is purely because of justice. Thinking of this, Bai Song was a lot more excited.
According to the relevant laws and regulations, if it is found that the criminal suspect should not be pursued for criminal responsibility during the investigation of a case, the case should be withdrawn.
Bai Song's heart gradually became clear, first appraisal, after the appraisal of minor injuries, you can file a case, after filing a case, take all the documents and reports, talk to the leadership and legal department, and do everything possible to identify it as legitimate defense!
Well!
vertex