"The prosecutor may respond to the defender's arguments." The presiding judge said.

"In response to the defender's defense opinions, the prosecutor's opinion is as follows:

Even if the defendant Zhuang Wenjing used a knife to slash Zhou Tao, it was to prevent Zhou Tao from beating Xue Hong, which constituted legitimate defense. However, the victim Deng Gang never made a move, and he did not beat or drag Xue Hong, nor did he assault other female employees in the dormitory.

The reason why Deng Gang threw dumbbells at defendant Zhuang Wenjing was because he saw that defendant Zhuang Wenjing had a knife in his hand, and he had already scratched Zhou Tao, posing a threat to him.

The essence of the victim Deng Gang's act of throwing dumbbells was to stop the fight between Zhou Tao and Zhuang Wenjing, so as to prevent the defendant Zhuang Wenjing from causing more harm to Zhou Tao.

It can be seen from this that defendant Zhuang Wenjing's act of stabbing the victim Deng Gang to death with a knife has clearly exceeded the necessary limit, resulting in the victim's death, and the defendant Zhuang Wenjing has constituted the crime of intentional injury and shall bear criminal responsibility. Complete. The inspector said.

"The defender may respond to the prosecutor's opinion." The presiding judge said.

"Based on the prosecutor's defense and response, the defense counsel issued the following defense opinions:

Deng Gang's behavior of lifting a dumbbell weighing three catties and smashing Zhuang Wenjing should not be interpreted as an attempt to stop the fight between Zhou Tao and Zhuang Wenjing.

Because after entering the female employee dormitory, although Deng Gang did not commit violence against the female employees in the dormitory, Deng Gang followed the previous conspiracy with Zhou Tao and broke into the female employee dormitory in the middle of the night with him. Deng Gang is not a bystander, let alone a persuader, but a joint aggressor who participated in the unlawful infringement. Deng Gang raised the dumbbell and wanted to smash Zhuang Wenjing, which continued to harm Zhuang Wenjing.

When the defendant Zhuang Wenjing faced the threat of continued victimization by Deng Gang, she stabbed him with a knife in order to avoid suffering more serious violence.

Therefore, no matter from the perspective of the defender, the purpose of the defense, the object of defense, and the time of defense, Zhuang Wenjing's defensive behavior is justified. Since Zhuang Wenjing was defending against acts of violence that seriously endangered personal safety, although the result of Deng Gang's death was caused, it was within the limits permitted by law in paragraph 3 of Article 20 of the Criminal Law, so it was not excessive defense and should not bear criminal responsibility in accordance with law. Complete. Fang Yi said.

……

At the end of the trial, the court was adjourned for ten minutes, and the collegial panel withdrew from the courtroom.

At this time, the two waves of people in the auditorium, under the gaze of the bailiff, no one dared to cross the thunder pool by half a step, Fang Yi's heart was also jumping, I don't know how the presiding judge will judge, if he is found guilty, he will definitely not accept it in his heart, if he is not guilty, he has to beware of the victim's family, so as not to be beaten, hey! Love it!

……

“…… The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

…… Defendant Zhuang Wenjing and her defender's arguments and defense opinions that the defendant's conduct was justified and that he did not bear criminal responsibility or civil liability for compensation is in accordance with the law and should be adopted.

The facts of the indictment's accusation that Zhuang Wenjing killed Deng Gang with a knife are clear and the evidence is indeed sufficient, but the charges cannot be established. In accordance with Article 162 (2) of the Criminal Procedure Law of the People's Republic of China and Article 128 of the General Principles of the Civil Law of the People's Republic of China, the judgment is as follows:

1. Defendant Zhuang Wenjing is not guilty.

2. Defendant Zhuang Wenjing is not liable for civil compensation. The presiding judge pronounced the verdict.

The moment they heard the verdict, the audience was polarized, with Liu Min, Zhuang Wenhai and others beaming with joy, while Deng Gang's family was filled with righteous indignation and clamoring for an appeal.

The prosecutor opposite Fang Yi had an ugly face, and it seemed that he was not satisfied with the verdict, and it was very likely that he would appeal.

After the verdict was announced, Zhuang Wenjing was not detained again. Although the people of the Deng family were not convinced, they were not too arrogant in the court, and after shouting a few words, they left.

"Lawyer Fang, thank you!" Zhuang Wenjing had tears in her eyes, and she bowed to Fang Yi crying.

From the recommendation of 15 years in prison to the acquittal, Zhuang Wenjing's mood was like a roller coaster, with ups and downs, and her gratitude to Fang Yi was sincere and heartfelt.

"It's okay, don't cry. Things are over, you did the right thing, adjust your mentality, there is still a long way to go. Fang Yi comforted her.

At this time, Xue Hong came over and hugged Zhuang Wenjing, and the two cried with joy.

The continuous opening of the court from 9 a.m. to 2 p.m. was a great test of the physical fitness of judges, prosecutors, and lawyers.

Now that Zhuang Wenjing has been acquitted, Fang Yi's heart is relieved and he immediately feels lightheaded, holding on to the table, and it took a while to recover, which is a manifestation of excessive physical and mental exertion.

Everyone flocked to Fang Yi and Zhou Ying back to the villa to celebrate, because everyone was happy that day, they frequently toasted Fang Yi, and drank until the evening, Fang Yi's tongue was big, and he could only live in the villa. Zhou Ying called the office to report her safety.

For the sake of the safety of lawyers, Wanhua United Law Firm has an unwritten rule that if the team's lawyers are not in the city to handle cases, if they cannot return that day, they need to report their whereabouts to the team. A commission lawyer who works alone needs to report to the law firm just in case.

In reality, there are people who come to the hotel in the middle of the night to arrest lawyers, make threatening and intimidating phone calls, and design to frame lawyers, especially in some high-risk areas (I will not name them here). It has been previously reported that a criminal lawyer changed hotels twice in one night to avoid possible risks.

Early the next morning, after Fang Yi and Zhou Ying had breakfast in the restaurant, Fang Yi was invited to the office by Liu Min.

"Lawyer Fang, you also saw yesterday's situation. Do you think the other party will appeal? Liu Min asked. She didn't dare to say this to her cousin Zhuang Wenjing, for fear that she would be anxious.

"Judging from the current situation, the possibility of an appeal by the procuratorate is extremely high. You are in this city, we are far away, you can pay attention, after the verdict is handed down, we will also ask the judge. Fang Yi thought for a while. He drank a little too much yesterday, and now his head is still swollen.

"Lawyer Fang, I think so, take precautions, do you think if the other party appeals, should we also appeal?" Liu Min said.

"What are the grounds for our appeal? The Intermediate People's Court has acquitted your cousin, so there is no reason for us to appeal! Fang Yi looked at her and said.

"Well, that's what you're talking about. Then let's respond to the lawsuit. If the procuratorate protests, I will have to find you. If I continue to entrust you with my cousin's case, how much will the lawyer's fee cost? Liu Min said.

"The lawyer's fee for the first instance is 150,000 yuan, and you can give 80,000 yuan for the second trial." Fang Yi said.

(End of chapter)