Chapter 285: New Year's Greetings (15)

Zhang Koukou's case is a revenge case that has lasted for more than 20 years.

On August 27, 1996, Wang Xiuping, the mother of criminal suspect Zhang Koukou, quarreled and beat her neighbors Wang Zhengjun and Wang Fujun over trivial matters.

On December 5, 1996, the local court rendered a first-instance judgment in this case, holding that the defendant Wang Zhengjun was guilty of intentional injury causing death, but Wang Zhengjun was under the age of 18 and was able to confess his guilt, that his father had paid the funeral expenses of the deceased on his behalf, and that the victim Wang Xiuping had a certain degree of fault in the cause of the case, and that the defendant Wang Zhengjun should be given a lighter punishment. The court sentenced Wang Zhengjun to seven years in prison for intentional injury (causing death).

With regard to the civil compensation part, the defendant Wang Zhengjun's criminal acts should compensate for the economic losses caused to the plaintiff Zhang Furu in the attached civil lawsuit, but in view of the fact that the defendant Wang Zhengjun is a student at school, is a minor, and his family is in financial difficulties, he is indeed unable to compensate in full, so he is compensated as appropriate. Wang Zixin, the guardian of the defendant Wang Zhengjun, paid a lump sum of 9,639.3 yuan to the plaintiff in the attached civil lawsuit, Zhang Furu, for economic losses.

However, according to the statements of Zhang Koukou's father Zhang Furu and sister Zhang Libo, it was Wang Fujun, the second son of the Wang family, who used a wooden stick to beat Wang Xiuping to death, not the third son Wang Zhengjun as finally determined by the court. Zhang's family said that because Wang Xiaojun, the son of the Wang family, was "an official" (he was the director of the party and government office in the local Miaoba Township Government at the time of the crime), many people gave false testimony to the Wang family.

As for the civil compensation, in addition to the 8,139.3 yuan funeral expenses that the Wang family had paid before, the Zhang family only got 1,500 yuan in compensation. However, the Zhang family did not choose to appeal or appeal.

Zhang Koukou held a grudge against Wang Zhengjun for deliberately harming his mother to death in 1996 and waited for an opportunity to take revenge on the Wang family.

Before the Spring Festival in 2018, Zhang Koukou found that Wang Zhengjun went home for the New Year and had the idea of revenge and killing, so he prepared single-edged knives, gasoline cocktails, toy pistols, hats, masks and other tools for committing crimes, and secretly observed the whereabouts of Wang Zhengjun and his family.

At about 12 o'clock on February 15, 2018, Zhang Koukou found that Wang Zhengjun and his brother Wang Xiaojun and their relatives went up the mountain to worship their ancestors, so they looked for an opportunity to kill the three brothers. At about 7 o'clock on February 17, Zhang Koukou surrendered to the public security organs.

As soon as the verdict of this case came out, the defense lawyer posted the defense statement on the Internet, which immediately caused an uproar.

There are two kinds of people who are in an uproar, and those who look down on them are legal people, and the most common ones are criminal judges and prosecutors.

The most people who praised this defense were young lawyers and the general public who were not familiar with the legal field.

Huang Yixi looked at it coldly, and Huang Yidian seemed to respect this defense lawyer very much.

Indeed, this defense lawyer is full of knowledge and quotations, from history, culture, and psychology, and his writing is brilliant and emotional, and it makes people empathize and deeply touch when they read it. Huang Yidian is an artist, and it is easy to resonate with him.

When Huang Yidian was arguing with Shang Luoyu, Huang Yixi and others, Huang Yiming and Huang Yishan, as well as Huang Haiyan's sisters and husband, all posted the lawyer's defense statement on Baidu.

"I think he said it very well, similar to the famous lawyers in the TV series we watched, especially the defense lawyers in American dramas. ”

Huang Yishan was also on his brother's side this time.

Huang Yixi and Shang Luoyu glanced at each other, and the two of them had also discussed this case.

Contrary to Huang Yishan and Huang Yidian's views, when the trial was not held, Huang Yixi's tendency was the death penalty.

After seeing the defense statement, I even believed that the defense of this case was a big failure.

Shang Luoyu also believes that although there are circumstances of voluntary surrender, his voluntary surrender is a deliberate measure to strive for a commutation of sentence, not a voluntary surrender circumstance of fear and regret of the crime.

Not enough to reduce the sentence.

Huang Yixi has a deeper understanding of this case, "I think his case is fundamentally different from Li Qingsong's, and it does not meet the time requirement for the crime of homicide of passion, that is, the criminal act must be committed at the time of inappropriate words and deeds or within a reasonable time thereafter." ”

From 1996 to 2018, the time span is 22 years.

It was a deliberate murder, and anyone can imagine how he perfected the plan step by step over the years.

"I still think he defended quite well, if it were the two of you, you might not have this level. ”

Huang Yidian was still not convinced.

Some knowledge is not just memorized or understood, you have to know how to use it.

It's not that everyone reads the law with it, and whoever reads it faster will win if he reads it more.

It's a good thing to have a brain, but it's bad to use it wrong, like this lawyer, who cleverly stirs up the emotions of the people, but misses the sobriety of professionals.

The wrong use of the strategy is not only in vain, not enough to achieve, not only to add to the snake, but to fail more than enough, or even to go in the opposite direction.

Now the people are not easy to bluff, they have experienced big things, even if it is a little wrong, but as long as someone clicks a few words, they will be smart.

It's hard to get people to go with the flow.

Shang Luoyu had long seen that Huang Yixi, the third cousin, was a bit similar to her mother, and he was more emotional, "Xiaoxi and I have discussed this case, and we think that this defense lawyer has made several mistakes, the first point is that he did not distinguish who the defense is for, and who has the right to rule on this case." ”

If this case had been in a court of the law of the sea, with a large group of jurors like Huang Yishan and Huang Yidian, perhaps this would have been a successful defense statement, a well-planned debate.

Looking at Huang Yixi's puzzled gaze, Huang Yixi, who didn't want to explain, sighed, this fourth cousin is much better than the third cousin, so let's talk about it more.

It's just that before we talk about it, we have to figure out a few key legal knowledge.

Huang Yixi first asked everyone a question, "Do you know who has the right to judge a case?"

Huang Yishan and Huang Yidian rolled their eyes in unison, and Huang Yixi asked, is it an insult or an insult to their IQ.

Fortunately, Huang Xiangdong insisted on worshipping Huang Yixi for a hundred years and did not waver, in his opinion, every word that the little aunt said, even if others think that there is no technical content, is of profound significance, if you think it is inappropriate, it is definitely not the little aunt's problem, but your IQ is not online.

"Of course it's a judge, little aunt, I will also be a judge in the future, I sit on it, the prosecutor stands aside and says, you stand aside and refute. ”

I have to say that Huang Xiangdong's ideal is very good, but it's a pity that everyone now can't take care of his thoughts, and just looks at Huang Yixi with doubtful eyes.

Huang Yidian was very uncomfortable, he felt that Huang Yixi was insulting him, treating him as a farmer, or a person with a primary school education like Huang Xiangdong, you must know that he is a dignified associate professor of the university, the students worship him, his colleagues respect him, and even the principal of the school treats him with courtesy.