Chapter 452: Corpses, Living?
As soon as Sima Qiqi's voice fell, the entire courtroom became noisy, the judge greeted again and again, and the court police were also maintaining order, and it took a long time before the noisy sound of the courtroom gradually stopped.
The judge breathed a sigh of relief and looked at Sima Qiqi with a puzzled expression and asked, "Defense lawyer, what do you mean by what you just said, the defendant did not kill anyone?" ”
Sima Qiqi was about to answer the judge's question, when the prosecutor stood up and interrupted: "Your Excellency, it is rude, what the defense lawyer just said is nothing more than grandstanding, according to the forensic autopsy report, many wounds on the body of the deceased Li Feng were caused before his death, how can it be a corpse." ”
The judge saw the autopsy report provided by the prosecutor, which clearly marked that "the deceased Li Feng had multiple wounds caused by sharp weapons, and there were physiological reactions around the wounds." After reading the document, the judge asked the staff to hand it to Sima Qiqi.
Sima Qiqi waved his hand and said with a smile: "Your Excellency, we have the forensic autopsy report provided by the prosecution, and there is a physiological reaction around the wound of the deceased. ”
When the judge heard Sima Qiqi say this, he was even more puzzled by Sima Qiqi's words just now, and the judge looked at Sima Qiqi and asked slowly: "Defense lawyer, since you know that the wounds of the deceased Li Feng were caused before his death, what do you mean when you just said that the defendant just killed a corpse, deliberately disrupting the order of the court?" ”
Sima Qiqi smiled and said, "Your Excellency, what I just said has a deep meaning. It is not said for the purpose of disturbing the order of the court, Your Excellency, my client is a mortuary, and if the deceased had not died, my client would not have been in the deceased's home at all. According to the confession given by the family of the deceased, the wife of the deceased found that the deceased Li Feng was abnormal, called the family doctor Zhan Long, and when Zhan Long appeared, the deceased was no longer breathing. The family doctor concluded that the deceased Li Feng had died of a heart attack at that time, and not only that, but the first responders also verified that Li Feng died of a heart attack at that time. ”
After Sima Qiqi finished speaking, he looked at the judge, and the judge began to look through the documents in front of him again, and found that there was indeed family testimony to prove that Li Feng died of a heart attack at that time.
A forensic autopsy report, a death report from the family of the deceased, the judge frowned when he saw the two documents in front of him, the judge looked at the prosecutor and asked, "Prosecutor, why are there two completely different pieces of information about the death of the deceased, what is going on?" ”
When the prosecutor heard the judge suddenly ask such a question, the prosecutor didn't know how to answer for a while, and the prosecutor found the case a little strange when he received the case in charge, but because Fang Aoqin gave an order, the prosecutor took the case head-on, and the prosecutor had been bothering the prosecutor when he took over the case, but the prosecutor didn't figure out why there was a death notice first.
The prosecutor's face was embarrassed, and he was trying to find a reasonable explanation, Sima Qiqi saw that the prosecutor did not speak, and slowly stood up and said: "Your Excellency, I think the prosecutor can't answer this question, so let me answer it." The deceased Li Feng had died due to heart disease, and legally the deceased Li Feng had already belonged to a corpse at 15:30 p.m. on the day of the crime. Even if my client stabbed the corpse a few times, it should have been illegal to dispose of the corpse, not that my client had killed someone. ”
When the judge heard Sima Qiqi say this, he looked at Sima Qiqi in surprise, looked down at the forensic autopsy report in front of him again, looked at Sima Qiqi and then asked: "Wait, defense lawyer, if the defendant caused the wound on the deceased's body, why is there a physiological stress reaction around the wound?" ”
Sima Qiqi shrugged his shoulders and said: "Your Excellency, this is the confession made by my client when I was invited by the police to the police station to assist in the investigation, Your Excellency Judge, please look at the second page, my client testified in the police station, the deceased Li Feng was lying in the coffin, my client heard the coffin sound, when my client re-checked the situation of the deceased Li Feng, Li Feng suddenly came back to life, and my client was in a hurry, so he stabbed the deceased Li Feng with a chisel. ”
When the judge heard Sima Qiqi say this, he looked at Sima Qiqi in surprise, and it took a long time to come to his senses and say, "Defense lawyer, do you mean that the deceased has come back to life?" ”
Sima Qiqi nodded slightly, and said with a smile: "Your Excellency, although the deceased did not know why he came back to life for some reason at that time, but in law, the deceased Li Feng is already a corpse. My client has done the wrong thing about a corpse, and it can only be said that harassing the corpse or illegally disposing of the corpse cannot be regarded as homicide. ”
When the judge heard Sima Qiqi say this, he frowned and thought about it, and then the prosecutor stood up and said with a serious face: "Your Excellency, the defense lawyer has deliberately guided the court to make a ruling, regardless of whether the deceased was judged dead because of medical personnel or other reasons, but the deceased was resurrected, and at that time, the deceased's family only received a verbal death notice, and there was no death notice provided by a regular hospital, so the deceased Li Feng was not a real corpse in law, and Li Feng was still a person at that time. The defendant carried out several brutal acts against the deceased with a chisel, which was already considered intentional homicide. ”
The judge heard the argument between Sima Qiqi and the prosecutor, and knew that this was not the case first, but to judge whether the deceased Li Feng was a living person or a corpse when he was killed by Fang Qing.
The judge only felt that the judgment of the deceased's attributes made his head big, and after Qi Nian became a senior judge, he directly threw this hot potato to himself, the judge originally thought that this case should be very simple, but he didn't expect that there was still this problem now, and the judge's palms were sweaty now.
Many people in the auditorium were not idle, and began to quickly record in their notebooks, and sat on the side to see a reporter who had written down all the small movements of the judge, and speculated on the judge's mental activities with arrows next to the different movements.
I was only very surprised to see these contents, and looked at the judge who was very embarrassed at this time, and thought: "Oh, this judge actually took over this case, it's really unlucky, if this is a living person, that is, he does not recognize the death notice, if he is talking about a corpse, then even if he slaps the police and the procuratorate in the face, both sides are not pleased, this judge is probably the most embarrassing judge." ”
Sima Qiqi and the prosecutor both looked at the judge, waiting for the judge's next ruling, if the judge did not make a judgment on the situation of Li Feng lying in the coffin and resurrecting at that time, the case could not be tried at all.
The judge thought about it and beckoned to the prosecutor and Sima Qiqi, and motioned for the two to come forward to discuss, Sima Qiqi came to the judge with a relaxed face, and the prosecutor looked solemn at this time. The two men came to the judge, and the three began to discuss in a whisper.
The judge looked at Sima Qiqi and asked the prosecutor: "The most important situation now is not whether the defendant intentionally killed someone, if you can't determine whether the deceased was a living person or a corpse at that time, this case cannot be tried at all, what basis do you have for your previous remarks?" ”
"Your Excellency, according to the judgment of the death of a natural person in the law, it is divided into physiological death and declaration of death, and the deceased Li Feng was examined by a family doctor at that time, and according to the family doctor's confession, the deceased Li Feng was no longer breathing and had a heartbeat at that time, so we believe that the deceased Li Feng was already a corpse at that time, and my client did not kill anyone."
Sima Qiqi looked at the judge with a serious face and whispered, the prosecutor hurriedly objected at this time, looked at the judge and hurriedly said: "Your Excellency, this is a crooked reasoning at all, the wound on the deceased Li Feng's body has a physiological stress reaction, that is, when the deceased was stabbed to death by the defendant with a chisel, the deceased was still alive, and he was a real living person, the defendant deliberately took the life of the deceased, how could it be a corpse, and according to the defendant's confession, the deceased opened his eyes and screamed and grabbed his hand, these are the manifestations of a living person, Can this corpse do these things? ”
When the judge heard the prosecutor say this, he looked at Sima Qiqi and whispered: "Defense lawyer, you believe that the deceased is a corpse, and there is no other evidence besides the verbal statements verified by the doctor, such as the data verified by the instrument." ”
"When the first responders arrived at the deceased's home, the deceased had no vital signs, so they were not verified with relevant equipment, but I believe in the professionalism of the deceased's family doctor and first responders. Your Excellency the Judge may summon the relevant persons to conduct an examination of his or her professional competence. ”
The judge looked embarrassed when he heard Sima Qiqi say this, which questioned the relevant professional ability of professionals, and a little carelessness would cause the crusade of practitioners in the entire industry, the judge looked at Sima Qiqi, and couldn't help sighing in his heart, just when the judge didn't know how to answer, at this time the prosecutor said hard.
"Your Excellency, there are still cases of suspended animation in the medical profession, at that time, neither the deceased's family doctor nor the first aid personnel used instruments to verify, but only judged by the life characteristics of the deceased, of course, I am not questioning the professional ability of the relevant personnel, but only by sense, it is difficult to guarantee whether there will be mistakes, you must know that the most sophisticated instruments will make mistakes."
When the judge heard the prosecutor say this, he looked at Sima Qiqi and whispered: "Defense lawyer, this tricky point you just put forward, this court admires your professional acumen, but can this issue no longer be entangled, you have no more evidence to prove that the deceased was dead at that time." Only the medical personnel judge with the naked eye, defense lawyer, do you see? ”
Sima Qiqi thought for a while and said, "Let me accept that the deceased Li Feng was a living person at that time, and that is not bad for my client." ”
Sima Qiqi glanced at the judge and the prosecutor, and the prosecutor said slowly: "The prosecution does not prosecute the defendant for intentional homicide. ”
Sima Qiqi smiled slightly when she heard the prosecutor say this.