Chapter 507: Basis for Conviction

Sima Qiqi asked Xiao Yan to bring the documents and sign them for Teacher Yan, so that Sima Qiqi could justifiably ask Fang Aoqin all the circumstances of Xia He's case.

On a new day, Sima Qiqi and the two came to Fang Aoqin's office again, originally Teacher Yan and Xue Moxuan wanted to follow, but Teacher Yan was not in good health, and because of Xia He's case, blood pressure rose from time to time and he was about to faint, Sima Qiqi proposed to let Xue Moxuan take care of Teacher Yan at home, and leave the case to himself

When Xue Moxuan saw Teacher Yan's situation, he could only nod his head in agreement. In the office, Fang Aoqin was a little surprised by Sima Qiqi's arrival, Fang Aoqin got up and looked at Sima Qiqi and asked with a puzzled expression.

"It's rare and rare, two distinguished guests are here, but there doesn't seem to be any case worthy of Sima Dazhuo's personal action recently, ah, I haven't had time to thank Sima Dazhuang for being so knowledgeable about the previous two cases, allowing me to announce the cracking of the case in front of the media and maintain the image of our government."

Sima Qiqi sat on the sofa and heard Fang Aoqin say this, Sima Qiqi looked at Fang Aoqin calmly and said, "Since Prosecutor General Fang thinks that he owes me a favor, then please ask Prosecutor General Fang to tell me, why did you convict Ms. Xia He for murder?" ”

When Fang Aoqin heard Sima Qiqi's question, the smile on his face froze, Fang Aoqin looked at Sima Qiqi and asked with a puzzled expression: "Sima Dazhuo seems to be very interested in this woman named Xia He, friend?" ”

"We have known each other since childhood, Prosecutor Fang, let's not talk more, why should Xia He be convicted of murder, according to the information I got, Xia He carried a dagger with him because the deceased threatened to be unfavorable to Xia He before his death, and Xia He carried a dagger with him in order to protect himself, which has been clearly stipulated in the new laws and regulations, if someone threatens to retaliate against others, no matter what he does next, the threatened person feels that his life is threatened can take certain measures to protect himself, including carrying knives, Of course, no further action can be taken before the threat person has made any actual action, but in this case, Xia He was choked by the neck of the deceased, with Xia He's figure, if you don't use a dagger to fight back, it is very likely that the person who died now is Xia He, at that time, Xia He's own life was threatened, killing the deceased in a panic, I don't think it counts as murder, legally speaking, it can only be sentenced to second-degree manslaughter at most, but I myself am more inclined to legitimate defense, not guilty! ”

Sima Qiqi didn't give Fang Aoqin a chance to interject at all, and after saying it in one breath, he looked at Fang Aoqin with an angry face. Fang Aoqin was stunned for a moment, and couldn't help but applaud.

"Amazing, Sima Dazhu is worthy of being the first person in criminal defense, and he can understand the case so clearly in such a short time, so I often use Sima Dazhu to teach the prosecutors who have just come in, don't think that the prosecution is conclusive evidence, it is very likely that the defense lawyer will find something we didn't find out from it, so Sima Dazhuo, have you found anything unreasonable this time, or do you think that Ms. Xia He is not suspected of murder because you are familiar with Ms. Xia He?"

Fang Aoqin looked at Sima Qiqi with a smile and asked.

When Sima Qiqi heard Fang Aoqin's question, she was stunned for a moment, and hurriedly pulled Sima Qiqi's clothes to let Sima Qiqi sit down, looked at Fang Aoqin with a smile and said: "Prosecutor Fang, look at what you said, yes, my family Qiqi was a little excited just now, you have to understand, after all, it is my family's little sister, the one named Xia He, we are listening to Xia He's family now, there may be some deviations, don't you come to Prosecutor Fang to correct and correct it." ”

When Fang Aoqin heard this, he nodded and got up and came to the two of them with a document, Fang Aoqin handed the document to Sima Qiqi, and Sima Qiqi saw the document handed by Fang Aoqin and began to read it.

Fang Aoqin looked at Sima Qiqi like this and felt ridiculous, sat down and looked at Sima Qiqi and said: "For the new legal provisions, of course I know, that is because the problem of doctors and patients has not been solved for a long time, and now it is still in a kind of emergency measure called arresting criminals and not reaching the prevention of crime, this law has just come out, there are many objections, thinking that it is legal to encourage hurting people and even killing people, so in the case of Ms. Xia He, the instructions given above are to eliminate all possibilities, according to the final investigation, The police believed that Xia He was not a self-defense murder at all, but a real intentional homicide, and the police reported the relevant evidence to us, and I discussed it with several other senior prosecutors, and I thought that there was no problem in prosecuting Xia He for intentional homicide. ”

Hearing Fang Aoqin say this, he looked at Fang Aoqin with a puzzled expression and said, "Wow, on what basis do you think Xia He is intentionally murdering?" ”

"Wounds?"

Sima Qiqi closed the document and looked at Fang Aoqin with a puzzled expression and said.

Hearing Sima Qiqi's answer, he was even more misty at this time, scratching his head and looking at Sima Qiqi and then at Fang Aoqin.

Fang Aoqin took the document and put it in front of him and said with a smile: "Sima Dazhu saw it so quickly, yes, the police just thought that Xia He was intentional homicide based on the four wounds on the deceased's body. ”

Hearing Fang Aoqin's answer, he hurriedly said, "Could it be that this law also stipulates that the wound cannot exceed how much?" In an emergency, the brain doesn't have time to think, isn't this four stabs the same as stabbing other numbers? ”

Fang Aoqin took a sip of tea slowly, and said calmly: "Well, in principle, you are right, but this case is quite special. ”

Looking at Fang Aoqin with a confused expression, Sima Qiqi didn't speak at this time, as if he was still thinking about whether Xia He's case was unreasonable. Now he can only wait for Fang Aoqin to tell him the answer.

Seeing the confused expression on his face, Fang Aoqin couldn't help but smile and said slowly: ", the situation you just said, then no matter how many knives Xia He stabbed the deceased, even if the police prosecuted Xia He for murder, my side would not pass, but there is a premise for this, that is, the knife stabbed at the deceased should be in the same direction, and in Xia He's case, there are knife wounds in two directions, three of which are from the bottom to the top, the wounds are relatively shallow, and the internal organs are not injured, and there is another knife, but from the top down, The wound was deep and directly punctured the internal organs, causing the deceased to bleed internally and died. ”

"Isn't this just a change of direction, do you think Xia He is deliberately killing someone?"

Fang Aoqin couldn't help but laugh when he heard the question, picked up a pen and came to the front and said with a smile: "I don't think I'll do an experiment, you won't know how important the direction of this knife wound is." ”

Fang Aoqin stabbed the pen in the stomach, his eyes were clear and his hands were about to block Fang Aoqin's attack, Fang Aoqin patted his shoulder and said, "Calm down, I'm just demonstrating." ”

Hearing Fang Aoqin say this, but he still had a vigilant expression, and slowly let go of his hand, Fang Aoqin took the stomach hit by the pen, and said slowly: "This is the posture of stabbing from the bottom up." ”

Seeing Fang Aoqin's movements, he nodded, and suddenly Fang Aoqin pushed down the stomach that he stabbed with a pen with his backhand, and was so frightened that cold sweat broke out, Fang Aoqin pointed to his posture with a serious face and said: "This is the posture that finally led to the death of the deceased, there are two conditions to complete this posture, the first deceased should be lying on the ground, and the second murderer has changed from holding the knife along the way to holding the knife backwards, and it takes time to adjust." ”

Fang Aoqin stood up, put the pen back in his pocket and said slowly: "Based on this, it also means that the deceased has released his hands because of the pain when he was stabbed three times before, and is lying on the ground, then at this time, it also means that the deceased has no possibility of further harming Xia He, and at this time Xia He can completely flee the scene, then at this stage, it can be considered that Xia He is hurting others in self-defense and will not be convicted, but Xia He took a knife in his backhand and stabbed the deceased again who did not continue to hurt him, which eventually led to the death of the deceased, In other words, at that time, Xia He stabbed the deceased with the intention of killing the deceased, do you think Xia He should be prosecuted for murder? ”

Fang Aoqin actually took it as he spoke, and when he heard Fang Aoqin's explanation, he couldn't help but nodded, only then did he realize that he seemed to have fallen for Fang Aoqin, and pushed Fang Aoqin away.

Sima Qiqi suddenly stood up at this time and said, "Prosecutor General Fang, did anyone see everything you just said?" ”

Fang Aoqin was stunned when he heard Sima Qiqi's question, and after a while, Fang Aoqin said slowly: "If someone sees this scene, we don't have to work so hard to reason. However, according to the environmental evidence at the scene, do you still think there is anything wrong with Sima Dazhuo? ”

"Since there is no substantive evidence, isn't it too arbitrary to say that Xia He is guilty now, Prosecutor General Fang!"

When Fang Aoqin heard Sima Qiqi's words, he looked at Sima Qiqi with an unhappy face, and said slowly: "Sima Daqing, even if you are the first person to defend the criminal case, even if there are no witnesses in this case, I am sure that the court will convict Xia He of murder through environmental evidence, but there is no evidence on your side to prove that Xia He did not have the intention to kill." ”

Sima Qiqi looked at Fang Aoqin with a smile and said: "Prosecutor General Fang, didn't you say before that you told your subordinates not to think that the case is indicted means that the evidence is complete, and our defense lawyers are just finding doubts in what you think is ironclad evidence, I believe that Xia He is not guilty." ”

When Fang Aoqin heard Sima Qiqi say this, he put his hands in his pants bag, looked at Sima Qiqi with a cold face and said: "It seems that Sima Dasu is going to dominate the court again this time, I will personally handle this case, Sima Daqing, I am looking forward to it, what tricks you can play to make the defendant in this case innocent." ”

Sima Qiqi smiled slightly, didn't say anything, turned around and was about to leave, quickly stood up, and teased: "Oh, Prosecutor Fang, don't be angry, if you want to be angry, wait for my Qiqi to win and be angry again." ”

Fang Aoqin heard the ridicule, glared, and then hurriedly came to Sima Qiqi's side, the two were about to leave, Fang Aoqin called Sima Qiqi: "Sima Daqing, remind you, this case is a lot of people's attention, don't think that you can help Xia He get rid of the crime by attributing the suspicious benefits to the defendant, you have to have real evidence." ”