Tu Minghao heard Qi Nian's questioning, and said slowly: "Your Excellency, the current implementation of the law in my country is that the crimes of minors are on the light side, the purpose is to give minors a chance to reform themselves, and the reason given is that they belong to people with incomplete civil capacity, but here I would like to ask you, now a seven or eight-year-old child will not use a computer, how many math problems can they do, addition, subtraction, multiplication and division, and even solve binary equations, saying that they are not fully capable of civil conduct, I deeply doubt this." First of all, minors know what money can do, if a knife is inserted into the heart, it will cause the death of others, etc., and after they commit crimes, they pretend to be innocent and win sympathy. In this case, the defendant is 17 years old, and according to the information, the defendant is an adult of 18 years in a few months, and a few months ago he was a person with full civil capacity, and he became a person with full civil capacity a few months later, so if the judgment is pronounced in this case when the defendant reaches the age of 18, will you judge judge whether you will use a person with full civil capacity or a person with full civil capacity to sentence the defendant? ”

Tu Minghao pressed step by step, and threw the ball to Qi Nian, Qi Nian was stunned for a moment when he heard Tu Minghao say this, Qi Nian was about to answer, Tu Minghao looked at the jurors and said, "Ladies and gentlemen, do you think this limitation is correct?" ”

"Objection, the prosecutor is trying to maliciously mislead the jurors into making unreasonable judgments about our client."

Sima Qiqi suddenly stood up and interrupted.

Tu Minghao and Qi Nian glanced at Sima Qiqi, Qi Nian looked at Tu Minghao calmly and said: "Prosecutor, no matter what the defendant's attitude is, there is no doubt that he is not a person with full capacity for civil conduct in law. Dear jurors, please forget the prosecutor's last words, the law has clearly stipulated that persons under the age of 18 and over the age of 8 are persons with partial capacity for civil conduct. The prosecutor, if the case is tried until the defendant reaches the age of 18, this court will also sentence the defendant on the basis that he was a minor before his arrest. ”

Tu Minghao heard that Qi Nian still remembered his own question just now, smiled slightly, and nodded towards Qi Nian.

Tu Minghao said slowly: "Thank you, Your Excellency, for your explanation, but Your Excellency, we still insist that the social impact of the defendant's crime is extremely bad, and we insist on asking the court to sentence the defendant to life imprisonment." ”

Tu Minghao returned to his position after speaking. When Kan Yu heard Tu Minghao's words, his mouth moved, and he looked at Tu Minghao with an angry face.

Qi Nian looked at Sima Qiqi, and Qi Nian said slowly: "What is the statement of the defense lawyer on the prosecutor's relevant charges and sentencing requests?" ”

Sima Qiqi stood up and said with a smile on his face: "Your Excellency, I definitely oppose the prosecutor's sentencing request for my client, but we do not deny that the death of the deceased has nothing to do with us. I asked the court to convict my client of manslaughter and two years in prison. ”

After Sima Qiqi finished speaking, the court immediately exploded, louder than Tu Minghao's previous discussion of life imprisonment, after all, the charge of life imprisonment was put on the defendant Kan Yu, which ordinary people know is unrealistic, after all, the focus of this case is that Kan Yu is still a minor, so what punishment he will get is what everyone in the audience cares about, as for the strong confrontation between Sima Qiqi and Tu Minghao, not many people pay attention to it.

However, Sima Qiqi said "imprisoned for two years", which was unexpected by everyone, Qi Nian slowly picked up the small wooden hammer and knocked it, signaling everyone to be quiet, Qi Nian looked at Sima Qiqi and asked.

"Defense lawyer, the charges you are asking for are too light!"

Sima Qiqi smiled slightly and said: "Your Excellency, yes, my client did have a quarrel with the deceased and even pushed the deceased, but just a moment, I want to ask you, have you ever been pushed, have you ever thought that you will die in the process of being pushed, or have you ever pushed someone, have you ever thought that your push will make someone in front of you die?" ”

Sima Qiqi's words were obviously said by looking at the jurors, pushing and shoving is very sparse and ordinary, and anyone will definitely have an experience of pushing and shoving in their life experience. As soon as Sima Qiqi said this, she found that the expressions on the jurors' faces had changed, and Sima Qiqi knew that what she had just said had tilted the scales in favor of the defendant.

Sima Qiqi paused, and then said: "Your Excellency, Judge, pushing people will not cause the death of others. But someone did die in this case, why, because the deceased drank a lot of alcohol before his death, according to the police investigation, the deceased had just finished drinking a case of beer and a few glasses of liquor and a case of beer before his death, even if the alcohol content of beer was very low, but ingesting such a large amount of alcohol at one time, the alcohol concentration in the body would gradually increase, and the defendant also drank a few glasses of liquor, we all know that mixed alcohol is the easiest to get drunk, that is to say, the deceased was already in a state of drunkenness at that time. My client pushed the deceased, and there may be nothing to do as an ordinary person, but it is precisely the state of the deceased before his death, so that the deceased's steps are unsteady, and at the same time as being pushed by my client, due to the effect of alcohol, he fell to the ground, and because a person is in a drunken state, the brain is paralyzed, and the body cannot make an emergency response, so the deceased's head hit the ground, and it is so coincidental that there is a brick on the ground, causing the deceased's head to collide with the brick and die, which can be said to be an accident that no one expected. ”

Sima Qiqi paused, looked at the eight jurors, and five of the eight were nodding, which proved that at least more than half of them agreed with what Sima Qiqi said just now, Sima Qiqi continued.

"My client's subjective consciousness at that time was only to scare and scare the deceased, and he did not want to kill the deceased. My client never thought that his act of pushing people would lead to the death of the deceased. Therefore, my client is guilty of manslaughter, and according to the provisions of the Criminal Code, the lesser circumstances should be sentenced to up to three years. I don't think my client's behavior is serious, of course, my client was extremely uncooperative in the process of investigating the case, but as the saying goes, a newborn calf is not afraid of a tiger, just because my client is still a person with non-full civil capacity, so I have not yet realized the seriousness of this case, so I ask the court to sentence my client to two years in prison as a punishment. ”

Sima Qiqi sat down slowly, waiting for Tu Minghao to pick up.

Qi Nian recorded the main points that Sima Qiqi had just said, looked at Tu Minghao and Sima Qiqi and said slowly: "Since the two sides have huge differences in the charges against the defendants in this case, then please present their own evidence to support the views of all parties." Prosecutor, it's up to you. ”

Tu Minghao stood up with a confident face, looked at Sima Qiqi, turned around, and asked for the prosecution's No. 1 exhibit. ”

Qi Nian nodded, and at this time, a red brick contained in the evidence bag was brought to the court, Tu Minghao held up the red brick high, pointed to the red brick and said: "Everyone, this turning head is the murder weapon that killed the deceased, just now the defense lawyer has been emphasizing that the deceased was because of the defendant's pushing, coupled with the high alcohol concentration in the body, resulting in unsteady steps, cerebral palsy and unable to react to stress, so he fell to the ground, just hit his head on the brick on the ground, resulting in increased intracranial pressure and death, however, the forensic department of the police came to a different result, According to the statement of the defense lawyer just now, the defendant should not have touched this brick at all, so how to explain the fingerprints on this brick? ”

Tu Minghao put down the brick and looked at Sima Qiqi, but Sima Qiqi looked calm, after all, this Sima Qiqi already knew when he received the case to check the information, and he personally asked Kan Yu because of this matter, but Kan Yu said it was messy, Sima Qiqi did not use Kan Yu's statement at all, but CK reminded Sima Qiqi that fingerprints are not important, and the location of fingerprints is the most important.

Sima Qiqi found information and found that the fingerprints on the bricks were a completely unreasonable position, so he already had a corresponding answer to deal with Tu Minghao's move.

Sima Qiqi slowly stood up and said, "Your Excellency, I request to present the defense No. 1 exhibit in court. ”

Qi Nian nodded and agreed to Sima Qiqi's request, at this time, Xiao Yan plugged the USB flash drive into the computer and put it on the big screen of the court, and what appeared on the screen was a picture of the brick that Tu Minghao had just used to testify, and there were five red circles on the picture, and next to each circle was marked with words, which finger it was.

Sima Qiqi pointed to the picture and said: "Your Excellency, our side examined the prosecution's No. 1 exhibit and found that there were indeed my client's fingerprints on the bricks, but the location of the fingerprints was very strange. ”

Tu Minghao touched his little finger, looked up at the big screen of the courtroom with a calm face, Qi Nian suddenly asked: "Defense lawyer, the position where the defendant's fingerprint appears on the brick in this picture is obviously the defendant holding the brick, why do you say that the location is strange?" ”

Sima Qiqi smiled slightly and did not answer Tu Minghao immediately, and said slowly: "Your Excellency, I request to borrow the prosecution's evidence and ask a juror to come out for an experiment. ”

Qi Nian looked at Tu Minghao, Tu Minghao smiled indifferently, and Qi Nian nodded.

Sima Qiqi found a juror who was about the same size as Kan Yu and asked him to help, holding the brick, Sima Qiqi has been adjusting the posture of the juror holding the brick, when the adjustment is done, Sima Qiqi asked the juror to raise his hand high, at this time everyone exclaimed, because the juror's hand holding the brick, only the fingertips touched the brick, and everyone understood that this posture was impossible to kill people.

Sima Qiqi asked the jurors to go back, and if my client took a brick in this way, I am afraid it would be impossible to stone the deceased to death. ”