"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. The prosecutor and the defender are invited to debate the facts in dispute and how to apply the law.

The Public Prosecutor is invited to make a statement. The judge said.

"We believe that the defendant Zhao Yutian stabbed a public official performing his duties on the street, causing the death of the public official, and the evidence is conclusive, and the defendant confessed, the defendant's act has constituted the crime of intentional homicide, and we recommend that the defendant be sentenced to death and executed immediately." The female inspector with a ponytail said.

"The defendant expressed his defense." The judge looked at Zhao Yutian.

"I killed people, but I didn't intentionally kill people, I confess my guilt." Zhao Yutian's eyes were still dull, and he seemed very calm.

"The defender gives his opinion." After the judge finished speaking, he glanced at Fang Yi coldly.

"Honorable Presiding Judge and Judges of the Collegiate Panel,

I was entrusted by the defendant in this case, Zhao Yutian, to undertake legal aid obligations and serve as his defender. Before we make our statement, allow me to express our condolences on the tragic loss of the victim and hope that the victim's family will accept my sincere greetings as an advocate for the victim.

(The deceased is the greatest, and as a defender, expressing condolences to the victim before expressing his defense opinions, at least the family can feel respected and will not exacerbate the conflict.) At the same time, it also paves the way for the next defense opinions, so as not to lead the contradiction to the lawyer)

In response to the indictment, in connection with today's court investigation, I would like to express my opinion as follows.

1. The indictment's accusation that the defendant intentionally killed is unconscionable

Judging from the cause of the case, the defendant and the victim did not know each other, let alone have a grudge. From the surveillance video provided by the prosecutor, it can be seen that the scene suddenly fell into chaos, both sides were more excited, there were some pushing and shoving, there were three or four people at the scene trying to control the defendant, the defendant was worried that his tricycle would be confiscated, and at the same time he was afraid of being caught, so he picked up the folding knife on the tricycle and stabbed forward.

Judging from the video provided by the prosecutor, the defendant's assassination action was not aimed at the victim, but a random assassination in a hurry, trying to get rid of the entanglement of the people around him. In such circumstances, it is clearly unreasonable to accuse the defendant of intent to kill the victim.

2. The knives used by the defendant were not controlled knives

The defense counsel reminded the collegial panel that the knife used by the defendant to stab the victim was not a controlled knife specially purchased for fighting, but a folding fruit knife, which could be purchased in the market for five or six yuan each.

Through the video recording, it can be seen that under the extremely chaotic situation at that time, the defendant did not know where the knife would stab and which part in a hurry. Therefore, the defendant did not have the subjective intent to intentionally kill the victim. The victim's stabbing was not the result of the defendant's deliberate pursuit.

3. The defendant voluntarily surrendered

After the incident, the defendant left the scene of the crime not to escape the crime, but to go to the public security organ to voluntarily surrender, and the record submitted by the public prosecution has a record of the relevant content.

After the defendant was controlled, he inquired about the victim's situation, and when he heard of the victim's death, the defendant regretted it very much and wrote several letters to express his sorry for the victim's family, which shows that the defendant really did not foresee the consequences of the victim's death, and subjectively did not want the victim to die.

4. Crimes of passion

The defense argued that this case was a typical crime of passion. In a hurry, the defendant suddenly stabbed forward with a folding knife. His behavior is completely governed by strong feelings, and it is a crime caused by self-preservation.

5. The defendant's circumstances are pitiful

During the trial, the defender submitted to the court certificates issued by the village committee, school, and police station, which could prove that the defendant had consistently behaved well, had no fighting, had no criminal record, and had no violent tendencies. Although life was difficult, the defendant did not complain, nor did he cheat, abduct, deceive or rob, and completely relied on his own strength.

The defendant came to the county to sell fruit because he was forced by life, and despite his best efforts, his life was still poor and his income was meager.

Despite the hardship of life, the defendant always maintained a kind and simple heart, no matter how poor he was, he did not steal, did not rob, and did not harm others for profit.

In summary, the evidence for the charges charged by the public prosecution is insufficient, and the alleged crimes cannot be established. Fang Yi took a deep breath and adjusted his emotions, this is a human life.

"Has the defender finished his opinion?" Seeing that Fang Yi did not say anything, the presiding judge asked.

"It's not finished." Fang Yi felt that he should say something more, otherwise he would always feel panicked in his heart: "My client is just a humble pawn of a peddler, leading a car to sell pulp in a city known as civilization.

As a lawyer and defender, I would very much like to ask all judges and prosecutors, when a person sees that his only job for survival is broken, he is about to be cornered, and he is facing a desperate situation, please think about it from your heart, will you be more calm and patient than the defendant?!

As lawyers, do we ultimately aim to make this society more harmonious, or to make it more miserable?

You only live once!

Concluded. ”

After Fang Yi finished speaking, the huge courtroom was silent, and it was an eternal question to live or die.

If the defendant is a vicious man, the judge will sentence him to death without any psychological pressure, and he will be executed immediately. But today's defendant is an ordinary person who can no longer be ordinary, without a fierce face or a ruthless heart, the judges of the criminal court are silent, and there is no standard answer to the question thrown by the defender in the law.

In the end, the presiding judge broke the silence: "Do the two sides have any arguments that need to be added?" ”

"Nope." Both sides replied.

"Now that the courtroom debate has ended, according to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement, and the defendant Zhao Yutian is now up to you to make a final statement to the court." A hint of complexity flashed in the judge's eyes.

"On the day of the incident, my grandmother learned that I had killed someone and had a cerebral hemorrhage and left. I not only killed the victim, but also killed my grandmother, my impulse ruined two families, and now I have no home......" Saying that, Zhao Yutian couldn't hold back any longer, tears poured out like a flood, and he couldn't cry.

……

"After a public hearing, a court investigation and court debate, and hearing the prosecutor's allegations, the defendant's opinions, the defendant's justifications and statements, and the defender's defense opinions, the court trial was concluded.

The court will now be adjourned for 15 minutes, and the collegial panel will deliberate, and later the verdict will be pronounced in court to bring the defendant out of the courtroom. After the presiding judge sounded the gavel, the collegial panel collectively withdrew from the courtroom.

(End of chapter)