The courtroom is serious, and in the presence of the media, every detail is meticulous and meticulous.

As soon as the gavel was struck, the presiding judge announced the opening of the trial: "In the case of Wen Xinwu's intentional wounding to death, due to the discovery of new evidence, the defendant Wen Xinwu of the original trial applied for a retrial, and this court formed a collegial panel and made a decision to retry, and the case of Wen Xinwu's intentional injury is now rehearsed, and the trial is now open!"

The clerk announces court discipline, checks the identity of the person appearing in court, informs the parties of their rights, etc., all strictly enforce the court process.

"Wen Xiaocheng, your identity document shows that you were born on July 10, 1991, and have not yet reached the age of 16, and you are a person with limited civil capacity, and you cannot appear in court as an authorized agent to defend the defendant according to the law. ”

The audience was in an uproar.

Except for a few people in the legal profession in the auditors, the rest are very incomprehensible, especially friends in the media circle, because Wen Xiaocheng is running around before and after this case, and now he does not let his family appear in court to defend, is there any ulterior insider?

Wen Xiaocheng gritted his teeth, stood up from the position of the defense, looked at his father in the defendant's seat, and then looked back at Wen Xue and Professor Dai in the defense seat, his eyes were red.

"Please. ”

Wen Xue nodded, her expression neither happy nor sad. "Rest assured. ”

Someone in the first row of the auditorium made room for him, Xiao Cheng went over and sat next to Wang Yang, and the thief patted Xiao Cheng's shoulder, all without saying a word.

The trial continued.

Xiao Cheng was dumbfounded, but fortunately, there were two lawyers in the defense seat, especially Lawyer Wen, who was not in a hurry.

The next process is for the defender to state the reasons for the appeal, Wen Xue is concise and to the point, and the reasons are clear in a few sentences.

"Presiding Judge, Judge, clerk, our retrial has the following three points: first, the facts found in the original judgment were erroneous, the original judgment held that the location of the crime was outside the Wen family's house, which was equivalent to Wen Xinwu committing murder with a knife outside his private territory, and thus judged that his defense exceeded the necessary limit, but according to the new evidence we have discovered, the courtyard where the crime occurred was originally part of the Wen family's house, which can be proved by the real estate certificate and land use certificate, that is to say, Wen Xinwu took up arms to resist after the other party broke into his own territory with weapons, and this act should be defined as legitimate defense;

Second, we have collected evidence from a number of witnesses to prove that the deceased Zhang Weihai had said that he would kill Wen Xinwu before his death, including the testimony of Zhang Weishan, a family member of the deceased, which shows that at the time of the crime, the defendant Wen Xinwu was threatened with his life and hacked Zhang Weihai to death in order to protect himself. This circumstance should affect sentencing, but it was not mentioned in the original case file.

Third, three of the four victims in this case, including Lu Songyan and Ding Zhaofeng, and Zhang Weishan, the brother of the deceased Zhang Weihai, reached an understanding with the defendant Wen Xinwu, of which Lu Songyan and Ding Zhaofeng both believed that Wen Xinwu had no intention of harming others and was justified in self-defense. To sum up, this case is appealed to your court because new evidence has been found to prove that the original trial court erred in determining the facts, which affected the sentencing judgment. ”

The reasons for the appeal put forward by the defender are also the focus of the trial, and both sides have no objection to the fact that Wen Xinwu injured someone with a knife, so the core of the issue is how to characterize this act, whether it is legitimate defense or excessive defense, and how to sentence it. It is precisely around this issue that the debate is focused.

Under the presiding judge, the court began to cross-examine the new evidence one by one, first the real estate certificate and land use certificate of the Wen family's old house, this evidence has nothing to question, and the court confirmed it in court.

This was followed by the testimony of 19 parties, and even many people testified in person, proving that Zhang Weihai did say that kind of thing at the beginning. Xiao Cheng was more fully prepared, he actually used the computer to restore the scene of the year in real time according to his memories, after Zhang Weihai said that he was killed, what kind of reaction everyone heard when they heard it, how the position and actions changed, these actions had a serious threat and stimulation to the defendant, and finally led to the consequences of hacking Zhang Weihai to death.

The entire three-dimensional animation and the testimony of everyone present can be closely corresponded, which not only proves that Zhang Weihai said that sentence, but also indirectly proves that this sentence gave the defendant a serious stimulus, which led to the tragedy. Such preparation for the trial was almost unprecedented, and even the prosecutor of the prosecution shook his head and smiled bitterly, leaving himself no chance to refute such evidence.

Of course, this set of evidence was also accepted in court.

Finally, there is the understanding agreement between the Wen family and the Lu, Zhang, and Ding families, which is not conclusive evidence and does not need to be cross-examined, but for those who can actively compensate and obtain the forgiveness of the victim's family, the court will generally choose leniency when sentencing.

So far, the trial has proceeded in a favourable direction, and all evidence proving that the defendant was justified in defence has been admitted by the court. This is followed by the trial debate stage, where the most exciting debate in the course of the general trial is almost one-sided, whether it is the prosecution or the victim, it is unanimously agreed that the original judgment is too heavy and should be dealt with lightly.

Just like an exam, the real decision is often not on the day of the exam, unless there are some sudden accidents, otherwise the score depends on the homework done before.

This time, Xiao Cheng's preparation can be said to be quite sufficient, not to mention the foreshadowing left by the previous lawyer Gu, just the understanding agreement of the three companies is already worth a thousand gold, not to mention the three-dimensional animation made according to the oral statements of 19 witnesses to restore the scene. The restoration of the scene is almost 100% consistent with the memories of eyewitnesses, as if it were a replay of the events of that year. Under such evidence, the court presented a one-sided situation, the victims themselves expressed their reluctance to pursue the case, and the prosecution lacked the motivation to follow up.

"All stand up. ”

At this moment, Wen Xiaocheng looked at his father, because he had already received the news of the retrial in prison, so from then on, Wen Xinwu began to grow his hair, and now he has a green and void stubble, like a small inch. Dressed in an orange prison uniform, washed cleanly, it seems that this is the greatest dignity that a father can do.

"This court holds that the defendant Wen Xinwu intentionally injured others with a weapon, causing one death and three injuries, and his conduct has constituted the crime of intentional injury and should be punished. The prosecution was convicted of the crimes, and this court upheld them. Defendant Wen Xinwu voluntarily surrendered after committing the crime, and truthfully confessed the facts of the crime of injuring others with a knife, and he surrendered voluntarily, and his punishment may be mitigated or commuted in accordance with law. In the case of unlawful infringement, the defendant is justified in defending himself and his family's safety from being violated, but he has slashed one person to death and three others with a knife, and the defensive conduct clearly exceeds the necessary limit, and is excessive defense, and shall bear criminal responsibility, but punishment shall be commuted or waived in accordance with law. The defender's defense that it does not constitute the crime of intentional injury and that his conduct was justified defense is not to be adopted. ”

The verdict is almost the same as the previous one, the crime of intentional injury is established, but the justifiable defense is not established, and the next thing can only be seen is the sentencing.

"In accordance with article XX, paragraph XX, of the Criminal Code...... The verdict is as follows: Defendant Wen Xinwu committed the crime of intentional injury and was sentenced to 2 years imprisonment. In view of the fact that the defendant has served five years in prison, this court declares that the defendant Wen Xinwu's sentence has expired and he will be released on the spot!"

——————

A release in court is not the same as an acquittal.