Chapter 401: Evidence
After returning from the Shuzhong City Prison, Sima Qiqi began to look for relevant information, Xiao Yan saw that Sima Qiqi was so motivated, looked at him with a puzzled face and asked: "Boss, what did you do to Lawyer Sima, why is she so motivated?" ”
At this time, he said helplessly with his hands on the glass wall: "What can I do to her, Qiqi She heard a very strange case, and now it can be said that she is full of firepower, ready to deal with that strange case." ”
"Strange cases, the big and small cases handled by Lawyer Sima, there are many strange cases, what case can make Lawyer Sima so interested, I have seen Lawyer Sima working hard to check all kinds of materials for several days, and asked me to help her find a lot of information, but it gives me an ambiguous feeling."
Xiao Yan looked at Sima Qiqi who was working hard in the office with a concerned face, looked at it and asked.
Hearing Xiao Yan say this, he smiled awkwardly and said, "That means you're still young, have you ever heard of a case of exchanging murders?" ”
Xiao Yan heard the words "exchange killing", thought about it and said calmly: "I have seen it in or in the TV series, how can such a strange plot appear in reality?" ”
In the face of Xiao Yan's questioning, he raised his eyebrows proudly, and did not answer Xiao Yan immediately, Xiao Yan's expression when he saw it, he almost screamed, his eyes were quick, and he hurriedly stopped Xiao Yan, pointed to Sima Qiqi in the office, and whispered: "Don't be so excited, you know the strangeness of this case now, you said that this kind of case is difficult for a barrister like Qiqi to encounter once, should she work hard." ”
Xiao Yan nodded, turned his head to look at Sima Qiqi, and said slowly: "Unexpectedly, what Lawyer Sima did this time was an exchange for a murder case, which is indeed very strange." ”
Xiao Yan said, hurriedly opened the door of Sima Qiqi's office, walked in, and saw Xiao Yan's move was about to stop it, but it was too late, so he had to follow Xiao Yan into Sima Qiqi's office.
"Lawyer Sima, I applied to be your assistant, and an alternative case like exchanging murder is something that some lawyers will never encounter in their lifetime, since I know what case you are responsible for, I ask to be your assistant, Lawyer Sima!"
Hearing Xiao Yan say so seriously, he looked at Xiao Yan in front of him in disbelief, and was about to say something, when Sima Qiqi preemptively said: "Xiao Yan, if you don't say it, I have already estimated your share, come and see, this is the case I found from various countries, although there is no exchange killing, but I think that exchange killing can still be inferred by hiring a killer." ”
Sima Qiqi said excitedly, Xiao Yan hurriedly came to Sima Qiqi at this time and looked at the information, Xiao Yan said excitedly at this time: "Lawyer Sima, you are right, the purpose of this exchange killing is the same as that of a hired killer, both of them kill the target with the help of unrelated people, but the slight difference in the process is that the cash paid by the person behind the hired killer, while the exchange killing is that there are two murderers and two deceased, and there is a direct interest in the hired killer, but there is no direct interest in the exchange of killing." ”
Sima Qiqi heard Xiao Yan say something similar to what he had said in prison before, and said very happily: "Xiao Yan, you are now thinking more and more maturely, that's right, this is also the most difficult place to deal with this exchange killing, if you completely copy the hired killer, then since there is no interest relationship between the two, there is no direct evidence to prove that it was a murder at the instigation of others, so it is unknown whether you can apply for a reduction of the crime." ”
Xiao Yan looked at Sima Qiqi and said, "Lawyer Sima, what is the situation of the defendant this time?" ”
Sima Qiqi heard Xiao Yan ask, his eyes flashed, and he said very excitedly: "This time, the defendant was used by someone with ulterior motives because he was drunk and talking nonsense, that person first killed the person the defendant hated, and then threatened the defendant, the defendant did not dare to do it many times in a row, and finally was threatened by a mysterious person to kill someone in the shopping mall, and was caught red-handed, after a mental evaluation, the defendant is normal, so the court believes that the defendant killed others without any reason, and the circumstances are serious, and sentenced him to death, but if we reverse the past, If he was threatened to kill someone because he made a deal, was his punishment too severe? ”
Sima Qiqi looked at Xiao Yan and asked, Xiao Yan heard Sima Qiqi ask, bowed his head and fell into deep thought, Xiao Yan thought for a while and looked up at Sima Qiqi and said: "Lawyer Sima, I don't think it's right for you to say this, this defendant still wants to kill the person he hates, although he didn't put it into practice, but someone helped him put it into practice, although he was forced in this case, but what about another case?" ”
Sima Qiqi clapped his hands and said helplessly: "So, this is the difficult thing about this case, although he is only a murder tool in this case, but he is the mastermind in another murder case, and the agreement mode of oral transaction between the two murderers is also equivalent to an alternative contract, so both of them are performing the content of this contract, so it cannot be said that whose fault is greater and whose fault is smaller." ”
The two discussed fiercely, completely ignoring the person standing aside, and said with a disdainful face: "I said that the two of you have a good discussion, you might as well find evidence to prove that in a single case, the defendant was forced, besides, if the defendant is really drunk and talking nonsense, then find evidence to prove who he was at that time, you often fight cases to prove that the defendant is involuntary when he does things, what is your jargon?" ”
"Incapacitated for civil conduct?"
Sima Qiqi asked rhetorically, hearing this familiar word, he clapped his hands and said: "Yes, that's what is so tongue-twisting, that, it is biologically proved that alcohol has the ability to paralyze the brain and nervous system, so if the defendant is drunk, and all his nerves are not controlled by his subjective thinking, then what he said is all fart, and it would be good for you to prove that he is in this state!" ”
After speaking, seeing Sima Qiqi and Xiao Yan staring at him, he realized that he had just used crude words, pretended to cough, and said slowly: "I'm really sorry, my words are too rude, it's just that I see that you have been discussing for a long time and you are all thinking about legal means, why didn't you think about proving that his sentence was too heavy from the state at the time, I understand." ”
Speaking cautiously, he glanced at Sima Qiqi from time to time, Sima Qiqi stood up and said: "Yes, I really didn't expect you to speak a bit like a barrister now, proving the defendant's state of speaking at that time can prove whether he was planning or because his brain was uncontrolled and talking nonsense, so that he can prove what role he played in the murder." ”
Xiao Yan saw Sima Qiqi say so excitedly, and also stood up and said: "That's right, lawyer Sima, didn't you just mention that the defendant had given up several times, if we can find evidence to prove that the defendant gave up killing the victim several times, then it can be proved that the defendant subjectively did not want to cruelly take the lives of others, and in the end, the defendant took the lives of others, that is because the defendant himself was also under psychological pressure, if it can be proved that the defendant has such behavior, Then the death penalty for the defendant is excessive. ”
The more the two of them talked, the more excited they became, and they unconsciously grabbed their hands together, and Xiao Yan jumped up excitedly because he was able to synchronize with Sima Qiqi's channel.
Seeing the two women like this, he said helplessly: "I'm sorry to interrupt, I want to ask the two of you, how are you going to prove what you just said?" ”
When Sima Qiqi heard this, he said calmly: "Do you need to say this, of course it's a field investigation!" ”
Hearing Sima Qiqi say this, he said with a wry smile: "Eh, it's not that I hit your enthusiasm, everything you just said, whether it's the defendant who is drunk or gives up killing a few times, do you think there will be eyewitnesses to prove this situation, listen to me, it doesn't matter what kind of exchange killing or hiring a killer, this hired killer still has money transaction evidence, this exchange killing is completely a time bomb, if you do it well, it's naturally nothing, if you don't do it well, it's a, forget it, isn't it better to be easier?" ”
After speaking, he looked at Sima Qiqi and Xiao Yan, and didn't expect to be able to convince Sima Qiqi, but he still hoped to convince Xiao Yan.
Waiting for the two girls' answers, Sima Qiqi thought for a while and said: "Since it has been clear just now that the punishment of the defendant in this murder is too heavy, then I must fight this lawsuit, and a reasonable punishment is my principle as a criminal defense lawyer." ”
sighed in his heart, and knew that with Sima Qiqi's temper, he knew that a case was unfair, and he must be fighting to the end on the basis of reason, and he didn't expect Sima Qiqi to give up, so he looked at Xiao Yan at this time, hoping that Xiao Yan would stand on the same front as him, so that he would persuade Sima Qiqi to have someone to help in the future.
To the disappointment, Xiao Yan took a step towards Sima Qiqi, and said with an unusually firm expression: "Lawyer Sima is right, it is our responsibility as defense lawyers not to accept unfair punishments, since that person did not intend to kill, then the death penalty is indeed too heavy, Lawyer Sima, I will definitely help you fight this lawsuit." ”
Hearing Xiao Yan say this, he secretly scolded in his heart: "Two crazy women, I see that you are fascinated by this case, but you are not responsible for the sentencing of the defendant." ”
Seeing the strange expression, Sima Qiqi coughed and asked, "What do you think?" ”
Hearing Sima Qiqi ask, he hurriedly put on a smile and said, "No, I'm thinking, since you have made up your mind, I can't persuade you, but how do you start this case, what about the evidence?" ”