After coming out, Luo Weimin didn't go far, so he stood at the gate and called Xiao Yadong. "Hey, Team Shaw. It's me, Luo Weimin...... Hey, that's a good talk...... Hehe, you're welcome. That's the case, I want to talk to you now, do you have time?...... Well, well, I'll see you at noon. ”

"Let's go, let's go back to the office first. Luo Weimin beckoned to the assistant not far away.

"Teacher, the thin one named Li Tianchou looks polite, not as fierce as the newspaper says. "Assistant: You are curious about the person you just met today.

"People can't be deceitful, you've been reading for so many years, and you've been running with me for a while. Looking at the problem is still so superficial?" Luo Weimin was a little dissatisfied.

The assistant's name is named Rowling, the daughter of one of his distant brothers, who just graduated from the University of Political Science and Law more than a year ago, and gave up BJ's good job. Rowling is smart, studious, and able to endure hardships, but her shortcomings are that she is a little emotional. Luo Weimin loves her like his own daughter, but he is very strict at work, and even his title can only be referred to as a teacher.

"The contrast is too great, the newspaper said that he was heroic and invincible, handsome and boundless. It's better to be famous than to meet, hehe, just very curious. Rowling was still grinning.

"We are involved in a wide variety of cases, with all kinds of parties. Is this contrast so curious?" Luo Weimin's face suddenly froze.

"Teacher, do you think Li Tianchou will be handed over for prosecution?" Rowling stuck out her tongue and quickly changed the subject.

"It's hard to say, if it's presumed that the defense is excessive, then it will definitely be prosecuted. Luo Weimin said.

"That's unreasonable. is obviously a hero who acts bravely and bravely fights gangsters, but he gets into a lawsuit. If convicted of excessive defense, he is guilty. If you do good deeds and cause trouble and go to jail, who will be brave in the future. Rowling was indignant.

"You're talking about public opinion orientation, which is not the same thing as the law. If you are always so emotional, it will cause you a lot of problems in your future career as a lawyer. Still, I'd like to hear what you think of this case. Luo Weimin said.

Rowling thought for a moment and replied: "From a legal point of view, the most important condition for determining that the defense is excessive is that the strength of the defense exceeds the strength of the unlawful offense. It is necessary to make a correct judgment from the comprehensive comparison of the means, urgency, number of participants, mentality and consequences of the unlawful infringement. ”

Seeing the teacher's encouraging gaze, Rowling continued: "Looking back on the case, it is obvious that Li Tianchou is undoubtedly at an absolute disadvantage when it comes to stopping the crime.

"First, the number of suspects is superior, secondly, the suspects have a weapon advantage, thirdly, the suspects have behaved in a way that clearly endangers the parties, and fourthly, ...... It was just an accident that resulted in the suspect dying and the person being injured. However, it does not mean that the strength of the party's defense is higher than the intensity of the suspect's unlawful offense, and at best the intensity is comparable. Therefore, Li Tianchou should be righteous and courageous, and justified defense. ”

Luo Weimin nodded approvingly, "That's a good point, and the analysis is clear." However, merely focusing on listing the advantages and disadvantages of the two forms does not play a leading role in the judgment. You also ignored two points, first, that is, Li Tianchou's mentality at that time, although the criminal wanted to kill people and flee for his life, but Li Tianchou's mentality is not easy to judge, is it to effectively catch the criminal? or to save his life? Or is there something else? Second, in terms of ability or physical strength, Li Tianchou has a background of 'quasi-special forces', and the three gangsters together may not surpass him.

"So the key to the problem is to put on the 'will', only need to grasp a key point: imagine that after the gangster was injured, he could still shoot Li Tianchou 4 times in a row, this change will seriously affect his judgment of the form at that time in the fierce fight, so in the end, even if Li Tianchou used defensive means to cause the gangster's death, it cannot be inferred that the party was negligent or used superfluous means. Because in very special circumstances, the will of the parties is instinctive, so justifiable defense is established. ”

"Ah, teacher, you see it so thoroughly. It seems that I still have to keep learning, hehe. But I don't understand, it should be very clear in legal theory, why do the police detain Li Tianchou in the name of excessive defense?"

"Because there is another presumption of excessive defense, that is, to restore the process of unlawful infringement through an autopsy, and to infer the details, the testimony of witnesses becomes a reference. In this case, the prosecution will more often use this presumption, and of course, there will be a lot of debate in this. It cannot be ignored that the police may have other considerations. Luo Weimin replied.

"So, we can't help much?" Rowling was a little anxious.

"Not really, it might be a little harder. It is also necessary to analyze the perspective of the prosecution on the issue. Luo Weimin said, "Let's go back to the office quickly, I have other things to do at noon." ”

Luo Weimin's work efficiency was very high, and during his conversation with Xiao Yadong at noon, he confirmed two things: First, if the police formally file a case, then he will become Li Tianchou's defense lawyer, completely free of charge, so that he can access the relevant case file materials through legal channels; and second, he will immediately submit an application for Li Tianchou's release on bail pending trial.

When they broke up, Luo Weimin hesitated for a moment and said, "Team Xiao, I have an idea, it's not very mature, but you can refer to it." It is better not to file a criminal case against Li Tianchou, let alone go to the level of public prosecution, because that is not a good result. ”

"The problem is that we can't control how things are going. Xiao Yadong smiled bitterly.

"There is still a breakthrough point, mainly depending on what is the starting point of detaining Li Tianchou. I think it's more likely to be a public safety consideration. But from a legal point of view, it is a bit far-fetched. Even at the prosecutorial level, there will be a lot of controversy.

"And the pressure of public opinion is also an important issue that cannot be ignored, what does the society need to advocate, what to deny? Therefore, if you can find a suitable way to control or eliminate the hidden dangers of public safety to the greatest extent, I think you police will consider it carefully. Administrative detention is best based on education. "Luo Weimin is very straightforward.

"Well, that makes sense, I've thought about that. But this breakthrough point is not easy to find. Xiao Yadong nodded.

"I feel that I can rely on other administrative law enforcement openings and hand over Li Tianchou's personal information to the special department for filing. It's just a record, which has little impact on Li Tianchou himself, and he can also take into account public safety, this practice is not to save trouble, to use the terminology in your system is called centralized management. Speaking of this, Luo Weimin smiled slyly.

Looking at Xiao Yadong who was silent, Luo Weimin continued: "As for what special departments, you know better than me, local national security, special services, and the like. After all, the country is so big, and there are many people with special skills who are hidden among the people, so you can't arrest all of them on the basis of suspicion, right? The police are tired to death, and they will cause chaos in society. Besides, you may not be able to catch it if you want to, Li Tianchou is just a little unlucky and shows his wealth. Luo Weimin's words are meaningful.

Xiao Yadong's eyes lit up, yes, why didn't I expect such a layer, this Luo Weimin has a set. Well, go back to Liu Tiejun to sum up, you have to drag this old fox into the water. Thinking of this, Xiao Yadong was in a good mood, and after bidding farewell to Luo Weimin, he walked to Liu Tiejun's office excitedly.

......

The more Rowling thought about it in the office, the more uncomfortable she became, and after returning from the police station, she had been fighting for Li Tianchou in her heart. Young people's sense of justice is easily emotional, she simply picked up the phone and dialed a college classmate who was a reporter at the "Metropolis Evening News", "Linlin, a busy man, why did you remember to call me?" The microphone came out of the hearty voice of her classmate Ren Peiyi.

"Che, you're the busy man. Rowling replied, hesitated for a moment, and said, "Oh, tell me something." Is there any follow-up report on the deeds of the security guards of the Phoenix Property Company who fought the gangsters published by your newspaper a few days ago?"

"Yes, I received a report from the police in the morning that the fugitive suspect in the '1.14' case has been caught. Are you really concerned about this? Do you have anything to report to me?" Ren Peiyi is a workaholic and never misses any news clues.

"Hehe, there's a lot of surprise. What's the matter, do you want to? You have to make it clear how to thank me. "Rowling sold a pass, in fact, there are still some entanglements in her heart, whether it is appropriate to do this.

"Pull it down, it's still fierce, just your little information channel, don't fool me. "Ren Peiyi doesn't take the bait easily.

"I don't listen to the pull, but I can tell you a little bit first, it's about the security guard Li Tianchou. Rowling herself was unfazed.

"Li Tianchou? Oh, say it quickly, say it quickly. Ren Peiyi didn't have the heart to joke.

"First of all, how to thank me. Rowling didn't budge.

"Okay, on the third day of the Lunar New Year, I invite you to have a big dinner and go shopping with you. How?"

"It's pretty much the same, don't cheat. What's New...... Li Tianchou may be suspected of excessive defense and is now under police control. Rowling pretended to be mysterious.

"It's really fake, this is too boring, isn't it? Our media is also ready to call on the city government to award Li Tianchou the 'Good Citizen' award." What kind of bullshit is overly defensive? Could it be that when you are brave and brave, you can only hope to bring down the gangsters with your mouth? What kind of garbage logic is this?" Ren Peiyi raised her voice and complained.

"Is it true or not, you can verify it yourself, I said that you shouted so loudly?" Rowling didn't expect Ren Peiyi's reaction to be so big, and she regretted breaking the news a little.

"You know, it's called a cry for justice. I'll check it out right away, don't lie to me. Ren Peiyi hung up the phone anxiously.

Listening to the busy tone on the phone, Rowling felt that something was wrong, and she was worried that Ren Peiyi's personality would make things out of control. But now I can't help it, I just blame myself for not being able to control my emotions, what the teacher said is really good, and I have to change it in the future.

Rowling never expected that it was precisely because of her impulse that a small "revelation" brought a turn for the Li Tianchou incident.