Chapter 453: Not Guilty Defense
Sima Qiqi, the prosecutor and the judge discussed in a whisper for a long time, and finally Sima Qiqi agreed that Li Feng was a living person when Fang Qing was killed, and the prosecutor also changed his words and renegotiated Fang Qing's charges.
The judge looked at Sima Qiqi and asked Sima Qiqi for advice, Sima Qiqi smiled slightly and said, "It's okay, I will still defend my client's innocence, and the prosecutor will ask for advice when the time comes!" ”
The prosecutor ignored Sima Qiqi, nodded to the judge, and returned to his position, and Sima Qiqi also nodded to the judge and returned to his place.
The judge looked at everyone in the courtroom, the judge coughed, cleared his throat and said slowly: "Just now the prosecution and defense are arguing with their own arguments whether the deceased Li Feng was alive or dead when he was killed, just now this court discussed with the prosecutor and the defense lawyer, according to the defense lawyer's point of view, the deceased Li Feng was artificially judged by the family doctor and emergency personnel to be dead when he had a heart attack, and he is already a corpse in law, but there is a biological stress reaction around the wound on the deceased's body, which means that At that time, Li Feng was a living person, and if it was only considered by law, the family of the deceased did not receive a professional death notice, and the deceased Li Feng could not be regarded as a real dead person when he had a heart attack. ”
When everyone heard the judge say this, they all listened to the judge's words with bated breath, for fear of missing a word, the judge paused and continued: "The deceased Li Feng was resurrected again, he had life characteristics, signs of biological activity, and could not be regarded as a dead person, so this court discussed again and again with the prosecutor and the defense lawyer, and both sides agreed that the deceased Li Feng was a living person when he was stabbed to death by Fang Qing with a chisel. ”
Everyone was surprised when they heard the judge say this, and when they heard the judge say this, they thought: "What is this Qi Qi doing, after discussing it for a long time, it is still regarded as a living person, so isn't that Fang Qing still a murderer, can't he retreat?" ”
Just thinking about it, the judge continued: "But given that the deceased Li Feng did have a heart attack before, and the defendant Fang Qing's job was a mortician, the defendant's appearance at the deceased's family must have been later than the deceased Li Feng's heart attack, so the defendant is suspected of intentional homicide, and this court believes that the prosecution cannot prosecute the defendant for intentional homicide." ”
The judge said and looked at the prosecutor, who slowly stood up and said, "Your Excellency, we have reported the situation of the court to the procuratorate, and the above has agreed to change the charges against the defendant, and we are ready to prosecute the defendant Fang Qing for first-degree manslaughter." ”
The judge nodded and looked at Sima Qiqi, Sima Qiqi stood up at this time and bowed to the judge with a smile, Sima Qiqi said slowly: "Your Excellency, we are still ready to defend my client with a defense of innocence. ”
When the judge heard Sima Qiqi say this, he pretended to be calm and said: "Then please ask the prosecution and defense to enter the stage of questioning witnesses and presenting evidence." Prosecutor, you begin. ”
The prosecutor stood up and said slowly: "Your Excellency, due to the peculiar circumstances of this case, I request that the defendant Fang Qing be summoned to court. ”
The judge nodded, and at this time Fang Qing had already come to the witness stand and sat down, and the prosecutor looked at Fang Qing at this time and said expressionlessly: "Defendant, how long have you been working as a mortician?" ”
As soon as the prosecutor finished speaking, Sima Qiqi stood up and said: "Objection, Your Excellency, this is the trial of the homicide case, and how long my client works has nothing to do with whether my client kills someone or not." ”
When the judge heard Sima Qiqi say this, he looked at the prosecutor, and the prosecutor hurriedly said: "Your Excellency Judge, according to the defendant's previous confession at the police station, the defendant carried out the subsequent act because he heard a noise in the coffin, and the reason was that he was frightened by the sound coming from the coffin, and a staff member who has not been engaged in the undertaker for a long time may be frightened, so the defendant's time as an undertaker will determine the direction of the case, and I ask the judge to approve the defendant to answer the questions raised by us." ”
The judge nodded, looked at Sima Qiqi and said, "Defense lawyer, your objection is invalid, and the defendant asks you to answer the question just raised by the prosecutor." ”
Fang Qing heard the judge say this, and looked in the direction of Sima Qiqi, Sima Qiqi blinked slightly to signal Fang Qing to answer with peace of mind, Fang Qing said slowly: "I have been working as a mortuary for more than ten years, almost twenty years. ”
As soon as Fang Qing's words fell, the prosecutor nodded and looked at the judge and said slowly: "Your Excellency, the defendant Fang Qing has just admitted that he is a person with rich experience in funeral work, how can a mortician who has worked for nearly 20 years hear a sound in the coffin and be suspicious." ”
When the judge heard the prosecutor say this, he nodded slightly, and Sima Qiqi stood up at this time and said: "Objection, Your Excellency, my client's long working time as a mortuary can only show that my client's professional ability is very skilled, and as for my client's psychological state, death is a very mysterious thing, and my client is afraid when he hears the sound in the coffin, which is to be in awe of the mysterious thing of death. It is not said that a person is engaged in any work and will not have fear of work, the driver will always be worried about a car accident, and the climber is also afraid of falling off the cliff for a while, there are many such examples, just the prosecutor judged that my client should not have fear based on the length of time my client has been working, and wants to prove that my client did not stab the killer Li Feng out of fear, I think there is no relevant substantive evidence to prove this argument. ”
The judge nodded and said, "Prosecutor, what you just said cannot be used as evidence, but can only be used as auxiliary support for your arguments." ”
The prosecutor nodded, and the judge then asked, "Does the prosecutor have any other questions for the defendant?" ”
"Yes, Your Excellency. Defendant, in your confession to the police, you said that you heard the coffin make a noise, what is the sound? ”
"Against, asking the same question repeatedly."
Sima Qiqi stood up again and said, the prosecutor looked at the judge when he heard Sima Qiqi's objections, and said: "Your Excellency, what I asked just now is about the length of the defendant's practice, and we want to prove that the defendant should not have fear. ”
The judge nodded and looked at Sima Qiqi and said, "Defense lawyer, this should not be the same issue, the objection is invalid, the defendant asks you to answer the question of the prosecutor just now." In fact, we are also very curious, you people with rich experience in the industry should not be very scared because you hear some noises. Defendant? ”
The judge looked at the defendant and said slowly, Fang Qing looked at the prosecutor and the judge both staring at him, Sima Qiqi's face was still calm at this time, and the reporters around him stretched their necks for fear of missing a word Fang Qing said, most of them stopped on the notebook with the tip of the pen in their right hand, and some reporters held a voice recorder in their hands, except that, most of the people in the audience were waiting for Fang Qing's answer.
Fang Qing hesitated for a moment and said slowly: "I was preparing the relevant tools for the deceased Li Feng's makeup, but I was startled when I heard that the coffin seemed to have been touched by something. ”
"Defendant, please wait, you said you heard something touch the coffin, please describe it specifically."
Fang Qing heard the prosecutor ask such a question step by step, thought for a while and said, "It seems that the coffin was kicked by something......"
Before Fang Qing could finish speaking, the prosecutor then asked, "Is it kicked outside or inside the coffin?" ”
"Inside."
When the prosecutor heard Fang Qing say this, a smug smile flashed on his face, and Sima Qiqi sat up straight and looked at the prosecutor when he saw the prosecutor like this.
"Inside, inside the coffin? Defendant, why are you so sure that the inside of the coffin and not the outside of the coffin? ”
Fang Qing heard the prosecutor say this, thought for a while and said, "That room is very small, and I am facing the door of the room, and the coffin is against the wall, so it can't be the sound of being kicked outside the coffin." ”
As soon as Fang Qing finished answering, the prosecutor suddenly said with a very serious expression: "So you just took the chisel to check the inside of the coffin, you didn't think that it was the resurrection of the dead in the coffin, and the chisel in your hand might cause injury to the resurrected person in the coffin." ”
"I heard the noise and my brain went blank, I didn't think about it at all, please believe me, Your Honor, I really didn't mean to."
"Yes, you didn't mean to, but as an adult with autonomy, you should know how the chisel in your hand can cause harm to others."
Fang Qing was about to refute, but at this time, the prosecutor ignored Fang Qing at all, turned to look at the judge and said slowly: "Your Excellency, this is the chisel used by the defendant to commit the murder, the metal part of this chisel is 20 cm long, the chisel is made of alloy, the hardness is very high, a solid wooden block of 20 cm can be easily pierced, the defendant should know that if it stabs the human body, it is likely to cause serious injury, so we think that the defendant should be sentenced to first-degree manslaughter." ”
After the prosecutor finished speaking, he sat down slowly, and the judge looked at Sima Qiqi, who slowly stood up and said, "Your Excellency, just now the prosecutor has been trying to prove that my client should not be afraid. Here I would like to play a video first. ”
"Objection, Your Excellency, we do not see in the information that the defense has provided relevant video submissions in court."
When the judge heard the prosecutor's words, he looked down at the information in his hand, and there was indeed no request for Sima Qiqi to present a video in court.
Sima Qiqi smiled slightly, and said innocently: "I originally thought that the case would be closed directly with the corpse, Your Excellency Judge, we will not use the video as evidence in court, but will only use it as relevant auxiliary evidence, please ask the court for approval." ”