Chapter Seventy-Six: The Debate Tournament
In the past few days, lawyer He has prepared a lot of materials for the trial, and has visited most of the people present on the night of the incident.
A good lawyer always starts by familiarizing himself with and studying the details of the case.
Lawyer He studied the whole case over and over again, not to mention, but also assumed in his head that the prosecution might put forward the complaint proposal, so that he could better defend himself when the trial was held.
Time passed, and soon the day finally came for the Yu Yuluo murder case to open.
According to lawyer He's request, the people who participated in the court to testify in this case are: Liu Qianyu, Tian Xiaolan, Dong Ge, and Hou Jun. Of course, these are only defense witnesses, because they are all related to Yu Yuluo, so the court also summoned the manager and witnesses in Star Entertainment to appear in court.
This is a fair and open trial case, and all those involved in the case, those in the know and the families of the parties can see the whole process of the trial.
In order to ensure that the case can be judged fairly and fairly, one judge, two deliberators, and two jurors participated in the trial, and they all sat on the bench in the courtroom. On the left side of the trial hall are the prosecution witnesses and lawyers, on the right are the witnesses and lawyers of the defense, and of course, there are the parties Yu Yuluo.
When Liu Qianyu saw Yu Yuluo again, and saw that he was already a little haggard, he couldn't help but secretly shed tears.
Just when Liu Qianyu was hiding in the crowd and silently crying, the judge said: "The case of Yu Yuluo's murder has officially begun to be tried now, and the prosecution's lawyer is invited to speak first." ”
The opposing lawyer is also a young man of 289 years old, and like Lawyer He, he is dressed in a suit and leather shoes, which shows the solemnity of a lawyer. Because it was the family of the deceased who entrusted him to sue in court, he was the first to have the right to speak.
"Hello judges, hello jurors, hello everyone! At around 22:30 p.m. on September 9, 2010, the deceased Zhou Huawei and the defendant Yu Yuluo had an argument after drinking heavily in Star Entertainment, and then the two parties started to fight again. However, at the end of the fight, the defendant Yu Yuluo rushed back to the private room, took the beer bottle and smashed it, rushed out and cut Zhou Huawei's carotid artery with the glass of the beer bottle, causing him to lose too much blood and die after rescue efforts failed. Defendant Yu Yuluo's conduct is clearly an act of retaliation after the brawl. Defendant Yu Yuluo intentionally deprived others of their lives, and his conduct has violated the provisions of Article 232 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and his criminal responsibility shall be pursued for the crime of intentional homicide. Submit it to this court for sentencing in accordance with law. ”
When the prosecution's lawyer presented the case, the courtroom was unusually quiet, and everyone was listening to the details of the case with their ears straight. However, at this time, the defense lawyer He had already raised his hand for a long time.
The judge said, "I would like to ask the defense lawyer to speak." ”
Lawyer He got up and looked at the documents in his hand and said, "Hello judge, good jurors, hello everyone!" Let's first take a look at the results of the investigation of this case by the Southeast Branch of the Municipal Public Security Bureau. On the way back from going to the bathroom, Liu Qianyu, the girlfriend of my client Yu Yuluo, was forced by the deceased Zhou Huawei to compensate him for drinking. After Liu Qianyu refused to compensate him for drinking, Zhou Huawei held on to him and further forced her to compensate for her drinking. Afterwards, after Liu Qianyu's friend Tian Xiaolan went out and saw Zhou Huawei's physical assault on Liu Qianyu, she told my client Yu Yuluo the facts she had seen. When my client Yu Yuluo knew that his girlfriend was being violated, he hurriedly stepped forward to protect him. However, my client did not physically assault or abuse the deceased Zhou Huawei at this time, but Zhou Huawei attacked my client on the grounds that my client had looked at him. Zhou Huawei's behavior is an act that seriously violates the safety of my client's life and is a criminal act. So, my client hurriedly fought back. However, just as my client fought back, a friend of the deceased Zhou Huawei rushed up and beat my client, which triggered my client's personal attack on Zhou Huawei, resulting in his death. Therefore, I believe that my client's behavior is an act to prevent others from infringing on his own life and safety, and it is a legitimate defense, so he should not be held criminally responsible. ”
After Lawyer He finished speaking, the prosecution's lawyer stood up again and said: "Although the defendant Yu Yuluo killed the deceased after being physically attacked by the deceased, the deceased and the deceased were not physically attacking him when the defendant killed the deceased. According to Article 20 of the Criminal Law, an act taken to stop an unlawful infringement in order to protect the State, the public interest, the person, property and other rights of the person or others from an ongoing unlawful infringement and causes damage to the wrongdoer is a legitimate defense. However, judging from the investigation of the case by the Southeast Branch, when Yu Yuluo killed the deceased, the deceased had completely stopped his personal attacks on him, because, in my opinion, what the defendant Yu Yuluo carried out against the deceased was an act of revenge and intentional homicide, and not any legitimate defense. According to the Criminal Law, two conditions must be met for justifiable defense: first, the unlawful infringement is ongoing; 2. Defence must not exceed its maximum limit. Judging from the investigation results provided by the Southeast Branch, when the defendant Yu Yuluo committed the attack on the deceased, the deceased had already terminated the unlawful injury to him. This point, the person in charge of KTV, Li Bin can confirm it. Furthermore, the defendant's act of retaliation against the deceased had completely exceeded the limit of his defense, so the defendant's act was not a legitimate act of self-defense, but an illegal and criminal act of intentional homicide. ”
At this time, Lawyer He had already raised his hand for a long time, just waiting for his turn to defend. After the prosecution's lawyer finished speaking, Lawyer He stood up and said: "In this case, we invited Chen Zhendong, an eyewitness who was present at the time, to tell us about the situation at that time. After Lawyer He finished speaking, he waved his hand at Brother Dong and motioned for him to speak.
Chen Zhendong got up and said, "At that time, we heard a trembling sound outside, and then we came out to see. When we came out to see, there was a group of people around them, punching and kicking Yu Yuluo, and then I went over to persuade them and asked them why they were beating people......"
Just as Chen Zhendong was telling everyone what had happened, Yu Youfu hurriedly walked in from outside the courthouse alone. He didn't plan to come to visit Yu Yuluo, and he didn't want to know why his son was in prison. However, when he thought about it later, he couldn't bear it, so he rushed over from home. He thought that if Yu Yu fell in it for too long, he might not be able to wait until the day he was released from prison. Looking at his son for the last time is Yu Youfu's last wish.
Yu Youfu walked to the courthouse and questioned for a long time before he knew the courtroom of Yu Yuluo's case. When he came to the door of the courtroom where Yu Yuluo's case was heard, Lawyer He's voice came from inside the hall: "According to this, the truth is already very clear. In other words, when my client Yu Yuluo escaped the attack range of the deceased and his accomplices, the illegal infringement he suffered not only did not really stop, but became more and more intense. ”
When Yu Youfu heard the words, he gently walked in through the back door of the courtroom, and then sat down in the last row of seats in the courtroom.
"Our witness Chen Zhendong has already said just now, when Yu Yuluo ran back to get the murder weapon, the deceased and his accomplices began to move their hands against the crowd who came to persuade them. Now, then, we can imagine that there are three people who are present at that time, one is my client, one is the deceased, and the other is the persuader. According to the witnesses, the deceased's attack on the persuader after beating away my client is enough to prove that the deceased never stopped violating others in both his actions and thoughts. ”
As soon as Lawyer He's voice fell, Zhou Huawei's mother suddenly began to scream: "Oh, my son, you died unjustly!" Mom can't even deal with your enemies now, if you have a spirit in the ground, you ......"
Zhou Huawei's mother cried here, and heard the sound of a "pop" knocking on the table from the judge's seat. The judge said: "Please pay attention to the family of the deceased, this is the court, not the village vegetable market!" If you really can't control your emotions, you can go outside and cry before you come back. Alternatively, the trial could be adjourned now and resumed tomorrow. ”
At this time, Zhou Huawei's father hurriedly said to Zhou Huawei's mother: "Don't cry quickly!" Listen carefully to what lawyers and judges have to say. ”
Seeing that Zhou Huawei's mother had stopped crying, the judge continued: "Lawyers representing both sides, please continue!" ”
As soon as the judge's words fell, the prosecution's lawyer jumped up and said, "According to what Mr. Chen just said, then this case is not a self-defense homicide case. As Mr. Chen has just said, after being beaten by the deceased and his accomplices, the defendant was stopped by Mr. Chen and others, and then the deceased and his accomplices moved against Mr. Chen and others, so this case has become a gang fight and brawl, rather than an incident of one person violating and beating another. ”
As soon as the accuser's lawyer's voice fell, Chen Zhendong stood up angrily, then stretched out his hand and pointed at the accuser's lawyer, and said loudly: "I said that you are too shameless, where are you talking about?" Who told you we beat them? It was a few of them who hit us, did you hear clearly? Do you want me to ...... again?"
"Bang Bang!" The judge tapped the hibiki on the table again, "Excuse me, are you here to solve the problem or are you here to quarrel?" ”
As soon as the judge knocked on the timber on the table, everyone sat back down.
This lawsuit is arguing like this, and the more you fight, the more uncomfortable everyone feels. The complexity of this case lies in the fact that both sides seem to have a legal basis for their claims, so it will not be a matter of one or two days to finish this lawsuit.