Chapter XX: Trial 2
The courtroom was extremely quiet, and everyone sitting in the room was looking forward to Lu Liang's next defense.
The appraisal conclusion was something that Lu Liang really didn't care about, but it was not a dead end.
"Yes, that's right, the appraisal report said that the blood splashed on the windshield had a certain spraying force" Lu Liang continued, after a moment of silence: "But the appraisal report only identifies the facts, and does not say that the blood must have come from the heart." Because the deceased Zhou Zhengguo also had a wound in his neck, perhaps injuring the carotid artery, the blood of the carotid artery can also be sprayed, and the force is comparable to the force of the heart ejection, so the blood may be the blood of the carotid artery. If the carotid artery ruptures, it usually survives for more than half an hour if it can be controlled in time. ”
Prosecutor: "But the deceased Zhou Zhengguo was injured on the side of his neck, and it is said that even if the carotid artery was injured, the blood that splattered should have been splashed on the side of the windshield or in the direction of the car door, not the front of the windshield." ”
Lu Liang: "Who can be sure that the deceased must have been facing the front at that time?" At that time, it was tearing, and Zhou Zhengguo was likely to turn his head or something. ”
The situation was moved back again.
Prosecutor: "And even if that's the case, how do you explain the wound in the anterior area of the deceased's heart?" The wound was clearly the one left by the defendant. ”
Lu Liang: "I have also seen the appraisal report on this wound, but because of the seriousness of the car accident, the victim's body burns were very serious, and the flesh and blood were blurred, and the appraisal opinion of the appraisal report also stated that the wound was not caused by what object it was. ”
Prosecutor: "But that's too much of a coincidence, isn't it?" ”
Lu Liang: "Sometimes things happen just like that. ”
............
Judge: "Okay, is there anything else the prosecution would like to refute?" ”
Prosecutor: "No. ”
Judge: "This is the end of this controversy, the cross-examination stage is over, and now the court debate stage begins." I would now like to ask the defence to make a statement on its point. ”
Lu Liang: "First of all, I think that the defendant did not constitute intentional homicide, and these facts are already very clear. Secondly, I do not believe that the defendant constituted intentional injury, because the defendant had a legitimate defense, which is an illegal cause of obstruction. Because the defendant found that his father's life was in imminent danger at that time, he stepped forward to stop him, but to no avail, and the defendant chose to hurt the person when he was forced to do so. ”
Prosecutor: "But when the defendant rushed into the cab of the locomotive, his father was already touched by the shovel in front of the locomotive, and the locomotive was also moving forward at that time, so when the defendant rushed into the cab, the shovel of the locomotive had already squeezed the defendant's father, and the defendant also pulled with the victim for some time after rushing into the cab, and according to the defendant's confession and the testimony of witnesses at the scene of the crime, the pulling time was between one and two minutes." Within these minutes or two, the defendant's father had already been crushed to death by a locomotive. This shows that the defendant's father was dead when he injured the victim with a knife, and there was no interest to be protected. It is a typical ex post post defense, and China's laws clearly stipulate that ex post defense is not a legitimate defense. At that time, when the defendant picked up the knife and stabbed the victim, he was a normal person with a complete sense of behavior, and he also knew the consequences of the knife stabbing into the person's body, which meant to harm, and stabbed into the heart and neck and other vital points, indicating that the defendant at that time had the intention to kill. ”
Lu Liang: "I think the prosecutor's definition of human nature is too harsh. Because the defendant's father was in imminent danger at that time, and the defendant was bent on stopping the driver's illegal infringement and wanted to save his father, the defendant at that time simply wanted to save his father, and he always thought that his father was still alive in such a short period of time. When the defendant tore up with the driver, he wanted to stop the driver's illegal infringement as soon as possible and save his father, which could not be characterized as an intent to hurt him. At that time, the defendant thought that his means were saving and just, and as for what the facts were at that time, the defendant did not have time to think about it, and it was impossible for him to see it so clearly. ”
Prosecutor: "But the fact is that the defendant's father was dead at that time, and there was no life that was saved, so it was a post-mortem defense." ”
Lu Liang: "It's not an after-the-fact defense, it's an illusion defense." To determine whether a person has committed a crime, we must not only look at the objective facts, but also judge whether there are subjective criminal thoughts and motives through objective facts. At that time, the defendant's motive was to save the defendant, which is the most reasonable explanation to be inferred from the facts and circumstances at the time. Even though the defendant did not actually save lives, the defendant did not know about this, so the defendant's actions at that time were hypothetical defense, and he believed that there were still lives that could be saved. According to the laws of our country, hypothetical defense does not constitute an intentional crime because it has no intention of infringing. If our law is to punish a righteous act, it is trampling on the purpose of our law. ”
........
Time passed in the midst of the arguments between the two sides. Finally, the stage of sentencing has arrived.
When Lu Liang stood up and waited for the verdict, he was also nervous in his heart, because he was not sure about the final verdict.
But the result made Lu Liang happy. The verdict result: Because the cause of Zhou Zhengguo's death is not clear, it cannot be confirmed that Zhuang Dahu had the intention to kill; The action of Zhuang Dahu's injury is an imaginary defense, and the result is an unpredictable accident, and Zhuang Dahu was acquitted in court.
When the judge knocked down the gavel, Lu Liang was excited in his heart, of course, Zhuang Dahu was more excited than him, and Liu Keming and Zhu Mingming, who participated in the audit, were also very pleased.
When Lu Liang turned around and left the defense seat, he saw the fierce and vicious look in the middle of the first row of the public seat that was observing, and that look came from Zhou Yunlong.
Liu Keming and Zhu Mingming came out of the courtroom, and the two gathered together and sat down. Zhu Mingming still teased in a smooth tone: "It's only been long since you left, it seems that you are doing a good job?" This outfit must be very high-end, right? If you have a watch ring or sunglasses, you should be wearing a big gold chain. ”
Liu Keming: 'Cheesy'
Zhu Mingming: "I mean, if you put on a big gold chain, it will be more like a black club." ”
Liu Keming: "Really? ”
Zhu Mingming: "Then there is still a fake, and" Zhu Mingming looked at the mobile phone in Liu Keming's hand and said: "Isn't this mobile phone the latest of that brand?" How can it be tens of thousands, right? Can't see it? You usually use no more than 1,000 mobile phones in school, why are you angry as soon as you get out of school? ”
Liu Keming was said to be overjoyed: "I have a good character and luck." ”
Zhu Mingming: "Hey? Have you found this practice unit? Last time, you said you didn't want me to arrange it for you, so I didn't plan to, but I had already gone to the unit. ”
Liu Keming: "It's still early, isn't this still the summer vacation?" Don't worry, it's a big deal to get the company's seal on the practice sheet when the time comes. ”
Zhu Mingming said seriously: "You are irresponsible to yourself. ”
Liu Keming: "Anyway, my student status is still hanging in school?" Maybe by the day I graduate, my disciplinary period won't end yet? ”
Zhu Mingming: "You can't give up on yourself like this, when the time comes, you can find the school leaders to dredge up, they won't be so ruthless." ”
Liu Keming was about to say something, but then the mobile phone rang. Liu Keming looked at the phone and quickly picked it up.
Hanging up the phone, Liu Keming briefly said to Zhu Mingming, "I left beforehand", and then left in a hurry.