Chapter 516: Racking Your Brains
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In the conference room of the firm, Sima Qiqi, Xiao Yan and the interns were discussing Sima Qiqi's conjecture about Xia He's case.
"Although the person concerned said that after she stabbed the deceased, she was so frightened that she hurriedly threw away the dagger and fled the scene when she saw the bloody dagger in her hand, but the prosecutor would not have thought that when the party was stabbing the deceased, the party's dagger was knocked off by the deceased, but because the deceased was injured, he was lacking in blood and fell to the ground, and then the party picked up the dagger again and stabbed the deceased hard."
An intern with black-rimmed glasses holding a pen in his hand pretending to be Xia He holding a dagger in his hand said slowly.
Hearing the intern say this, he slapped the table and praised: "Good idea, how do you want to defend your innocence, you still think that there is less evidence for this intentional murder, right, and you still want to confirm it?" ”
looked at this intern with a look of disgust, the intern lowered his head in shame when he heard this, Sima Qiqi didn't mean to blame at this time, looked at Xiao Yan and said: "Xiao Yan recorded what he just said, if we can't find a not-guilty defense, this can be used when reasoning about Xia He's crime process and making a closing statement." ”
When the intern wearing black-rimmed glasses heard Sima Qiqi say this, he immediately raised his head, as if his life and work were full of hope.
With a puzzled face, he asked, "Is what the kid just said useful?" ”
Sima Qiqi nodded calmly, and said slowly: "Of course there is, the defense of innocence is what I want to do for Xia He, but the defense lawyer is not a god, if there is no new evidence, and his arguments are untenable, I think it is difficult to defend not guilty, so when closing the case, as long as the case is still disputed, then Xia He's culpability will be reduced a lot." For example, in the situation he just said, maybe there was no third person at the scene, and the fourth knife was still Xia He stabbing at the deceased, but the situation he just reasoned, that is, Xia He's life is still potentially threatened, although the deceased has no next action, but the threat state still exists, so he can help Xia He to kill by mistake. ”
Hearing Sima Qiqi's explanation, he nodded, looked at the interns and said, "Your task is changed from how to find a third party, you use your brains, think about if it was really Xia He who killed the deceased, and you let her not be charged with murder, is there a way?" ”
"Yes!"
"Yes!"
"Yes!"
At this time, the three people said one after another that they had ideas about Xia He and were still convicted, but they would not be sentenced for murder, seeing the enthusiasm of these interns, they snapped their fingers and pointed at the round-faced interns and said, "You come first, tell us your thoughts about Xia He not being sentenced for murder." ”
The round-faced intern stood up and said unconfidently: "What I think is that the party first stabbed the deceased three times, the deceased fell to the ground, the party saw that there was blood in the dagger in his hand, and then he was so frightened that he threw the dagger away, at this time the deceased was still saying threatening words in his mouth, and even had to stand up, the party saw this scene, picked up the dagger again, closed his eyes and stabbed the deceased hard, causing the deceased to die." ”
clapped his hands and said, "Well, even if I don't study law, I feel that Xia He didn't intentionally kill people." ”
Sima Qiqi nodded and said: "Yes, the reasoning you just had, even if it was Fang Aoqin, he had no way to prove whether the deceased begged for mercy or continued to threaten Xia He with words before being stabbed by the fourth knife, because the deceased had already threatened Xia He with words at the beginning, and had already threatened Xia He's life, even if the deceased was injured, if there were still threatening words in his mouth, then Xia He felt that his life and the lives of his family would still be threatened, so he had no choice but to pick up the dagger and stab the deceased again." ”
At this time, he looked at the other two interns, who had just shown that they had new ideas about reducing Xia He's punishment, and asked the two interns to say their thoughts in order.
The petite female intern said timidly: "That, I read the information of this case, the defendant's body is about the same as mine, and the deceased is an adult man with a height of about 1.8 meters, and the deceased has no physical problems, that is to say, the deceased has an absolute advantage in strength and speed regardless of gender, my idea is that after the deceased was stabbed by the party, the three knives not only did not make the deceased retreat, but the deceased was even more angry, the deceased beat the person to the ground, and the dagger also fell to the ground, In order to protect himself from being killed by the deceased, the person hurriedly picked up a dagger and stabbed the deceased, but the murderer was killed instead. ”
"Well, this is good, in fact, it is normal, when a person gets angry, the adrenaline will increase, which will cause the pain in the body to disappear temporarily, and it is still very aggressive at this time."
He explained calmly.
Sima Qiqi nodded, looked at the female intern and said: "After you come down, you sort out your thoughts, and then find someone to help you, you take advantage of this time to find more relevant cases, preferably cases where the power disparity is large, and the woman kills the man but the conviction and sentence are not heavy." ”
Sima Qiqi looked at the last intern, and the intern said confidently: "My idea is that the person stabbed the deceased and then threw away the dagger, but when he saw what tools the deceased was going to take, such as a wooden stick or something, then the party picked up the dagger and stabbed the deceased again in order to protect himself, this time with more force, so it directly led to the deceased being killed." ”
After listening to this, Sima Qiqi looked at the six interns and said slowly: "Your ideas are very good today, of course, two of them did not put forward their own ideas, but it doesn't matter, the six of you come down, communicate with each other again, and sort out your methods, if you really can't find new evidence and arguments, I think your ideas will be the most effective way to help the parties reduce their sentences." ”
When the six interns heard Sima Qiqi say this, some were happy and some were depressed, and left the conference room one after another, Sima Qiqi knocked on the table in front of Xiao Yan, looked at Xiao Yan and said, "You just listened to the ideas of those interns, do you know what to do?" ”
Xiao Yan smiled slightly and said: "Of course I know, Lawyer Sima, the news you brought back is that Xia He threw away the dagger after stabbing the deceased, and there is no evidence to prove that a third person was present, and their thoughts are based on Xia He throwing away the dagger and picking it up again, what I have to do is to prove whether the dagger has been held by someone all the time or thrown to the ground and picked up again." ”
Sima Qiqi looked at Xiao Yan with a satisfied look and nodded slightly, Xiao Yan smiled confidently and said, "Okay, I will hurry up and apply for evidence reexamination." ”
Hearing the conversation between Sima Qiqi and Xiao Yan, he hurriedly said: "If you want to prove whether the dagger fell to the ground and pick it up again, you must compare it with the ground in that alley, and it is best to conduct a trace test of the substance on the four wounds." ”
Sima Qiqi echoed: "The exchange and transfer of matter, Rocca's law. ”
Xiao Yan nodded and got up to leave the conference room. There were only two people left in the conference room, Sima Qiqi watched Xiao Yan leave the conference room, the smile on his small face gradually disappeared, and Sima Qiqi sighed helplessly.
Hearing Sima Qiqi sigh, he came to Sima Qiqi's side, put a hand on Sima Qiqi's shoulder, and asked with a comforting face: "What's the matter, it seems that you still want to help Xia He defend his innocence, little fool, what we just said is just a last resort, you still have a chance to prove Xia He's innocence." ”
When Sima Qiqi heard this, he leaned on his body and said weakly: "Xia He's case is very difficult, I can't find any breakthrough, this social investigation can only prove that the five knocks were purposefully and targeted, and the trial will continue." ”
Hearing Sima Qiqi's somewhat unconvinced words, he touched Sima Qiqi's head and said softly: "In this way, if you want to prove Xia He's innocence, you still have to find that mysterious third person, but it's too difficult." ”
Sima Qiqi said slowly: "That's right, although I know what to do, but I don't have any direction to break through, but as long as it is a second-level manslaughter, Xia He will only go to prison for a few years, which is also a last resort." However, I still have a question about why Xia He would answer so decisively that she stabbed the deceased four times. ”
"Then there are two possibilities, one is that Xia He really stabbed the deceased four times."
"What did you say?"
Sima Qiqi stared up at the answer with wide eyes, hurriedly hugged Sima Qiqi, and said comfortingly: "This is just my guess, a guess, I still have a guess, that is, someone deliberately guided Xia He to say the four knives." ”
Sima Qiqi's face softened a lot when he heard the second conjecture, and he thought for a while and said: "No, we have already asked Xie Junjie to check the information provided by Fang Aoqin, and there is no modification, and the police did not use deliberately guided questions when questioning, how can Xia He answer four times." ”
Holding Sima Qiqi's shoulder, he looked at Sima Qiqi and said slowly: "Since that knock sound appeared for the purpose of relaxing Xia He's brain, is it possible that someone will guide Xia He in other ways, don't we have a special professional here, you can ask Yue Sanchuan to see if there is a way for people to blurt out a number, and this number is exactly what others want." ”
When Sima Qiqi heard this, he thought about it and thought that this method was feasible.
On a new day, he and Sima Qiqi came to Yue Sanchuan's office for help, Yue Sanchuan heard the question of the two, thought about it and said: "You guys are really asking the right person this question, I said before that there is a method called cold hypnosis, what you just mentioned is a kind of cold hypnosis, and it is widely used in major advertisements, and you will know when we do an experiment." ”