"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.

"Defendant Ren Yujiang, what did the victim do after he arrived at your hotel on the day of the crime?" The inspector asked.

"They brought five or six people to the restaurant, asked me to set up a banquet to make amends for him, and threatened me that if I didn't set a table to make amends, they would come to the restaurant every day to make trouble, so that I could not do business." Ren Yujiang looked at the prosecutor and replied.

"How did you respond to the victim's request?" The inspector asked.

"I didn't agree, and then I took out my phone and told them to call the police if they made trouble again." Ren Yujiang said.

"Did you call the police?" The prosecutor stared at Ren Yujiang and asked.

"At that time, Xiang Huai suddenly took a watermelon knife and slashed me, and I didn't have time to call the police, so I started a fight with him." Ren Yujiang looked at the floor in front of him and said lightly.

"Where did you get that sharp knife in your hand?" The inspector asked.

"I took it from the back kitchen, I was in the back kitchen at the time, and the waiter told me that Xiang Huai was making trouble again. I was afraid of an accident, so I grabbed a sharp knife. Ren Yujiang told the truth and didn't hide anything.

"What are you afraid of?" The prosecutor asked.

"Because Xiang Huai and Che Yong came to the store to make trouble once before, they were beaten away by me, and this time they brought people and guys over, I'm afraid that I will suffer in case of a fight." Ren Yujiang explained.

"What did you do after you were cut?" The inspector asked.

"I was stabbed twice, and I was in a hurry, so I took out a sharp knife and stabbed Xiang Huai, he slashed me, and I stabbed him, and then the two of us were entangled together.

At that time, Che Yong saw that the two of us were fighting, so he hit me with a wooden chair in the store, I dodged and stabbed him with my backhand......" Ren Yujiang recounted the situation at that time.

"After you pressed Xiang Huai under you and controlled him, did you continue to stab him with a sharp knife?" The inspector continued.

"Although I pressed him to the ground and pressed him with my body, his hands were not idle, and he kept slashing me with a watermelon knife, so I also stabbed him with a sharp knife. Until I snatched the watermelon knife from his hand and the police came. Ren Yujiang argued.

"Presiding judge, the prosecutor has finished asking." After the prosecutor finished speaking, he looked at the presiding judge.

"Now the defendant's defender will ask the defendant questions?" After the presiding judge finished speaking, he looked at Fang Yi with a clear look in his eyes.

"Defendant Ren Yujiang, on the day of the crime, why did the victim Xiang Huai and Che Yong come to your store to make trouble?" Fang Yi asked.

"Xiang Huai owes me money for food in the store, and later he came to the store to eat again, I asked him for money, and he felt that I had lost his face, so he hated me. A few days after that, he took Che Yong to the store to make trouble, and I drove him away.

On the day of the accident, in order to retaliate against me, he found a group of people to come to my store to make trouble, and wanted me to set up a table to apologize to him. Ren Yujiang said.

"After learning that Xiang Huai brought someone to the store, why didn't you call the police immediately?" Fang Yi asked.

"I think calling the police may not solve the problem, there are a lot of such things on the ground, such as a diner who eats and makes a few bugs in the dish to make some money, if the two sides can reconcile is the best, after all, the police station is not opened by our family, and we are in catering, we can't prevent it, there is no need to call the police until the last resort." Ren Yujiang explained.

"You didn't talk about it at the time, who did it first?" Fang Yi continued to ask.

"At that time, I was afraid that they would smash the things in the store and hurt people, so I took my mobile phone and prepared to call the police without talking, but I didn't expect Xiang Huai to suddenly cut me with a watermelon knife. It was Xiang Huai's hand that moved first. Ren Yujiang said.

"After you snatched Xiang Huai's watermelon knife, did you stab him with the knife again, or cut him?" Fang Yi asked.

"No, I had just grabbed the watermelon knife when the police arrived. I was already out of strength, and I relied on one breath to resist it, and I didn't pierce Huai again, and then I was pulled aside by the police to wait for an ambulance. Ren Yujiang said.

"Presiding judge, the defender has finished asking." Fang Yi said.

Since you want to defend your innocence, you must have a factual and legal basis, and the facts of the case are the basis, so Fang Yi has to ask a few key points.

"Now that we will present evidence and cross-examine the evidence, do the prosecutor, the defender and the defendant have any new evidence to submit?" The presiding judge asked.

"Nope." All three parties replied.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. "The presiding judge said as usual.

"Presiding Judge and Judge: ...... The prosecutor believes that after learning that the victim had brought someone to the hotel, the defendant immediately realized that there was a possibility of a fight if the two sides could not get along, so he took a sharp knife from the back kitchen and prepared for it. It can be seen that the defendant subjectively had the intention to fight and objectively prepared for the fight.

Subsequently, the negotiations between the two parties broke down, and although the victim Xiang Huai first took action and slashed the defendant with a watermelon knife, the defendant was also prepared, and immediately took out a sharp knife to fight back, and in the mutual assault, the defendant stabbed the two victims to death until the police came to the scene and controlled the defendant. It can be seen from this that the defendant took a laissez-faire attitude when carrying out the above-mentioned brawl, and his conduct directly caused the serious consequences of the death of the two people.

The prosecutor held that the defendant had committed intentional homicide, and in view of the fact that the victim was also at fault, recommended that he be sentenced to death with a two-year reprieve. Complete. After the prosecutor finished expressing his opinion, he glanced at Ren Yujiang sitting in the defendant's seat, who was obviously stunned, but there was not much emotion on his face.

……

"The defendant's defender gives his defense opinion." After the defendant defended himself, the presiding judge continued.

Fang Yi organized the following language and said: "Presiding Judge, Judge: The defender believes that the defendant Ren Yujiang does not constitute a crime and constitutes a special legitimate defense. Here's why:

In accordance with the provisions of paragraph 3 of Article 20 of the Criminal Law, a person who takes defensive actions against an ongoing assault, homicide, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety, causing injury or death to the unlawful offender, is not considered to have acted in excessive defense and does not bear criminal responsibility.

The purpose of the above-mentioned provisions is to enable law-abiding persons to act in defence in the face of violence that seriously endangers their physical integrity, without being overly concerned about the means and consequences of defence.

The purpose of the legislation is to encourage the masses of the people to struggle against violent crimes that seriously endanger the personal safety of citizens, to promote healthy trends, and to deter crime.

The provisions of this paragraph differ from the general justifiable defence, which is referred to as 'special justifiable defence' and also known as 'non-deservedness'.

The premise of special justifiable defense must be a violent crime that seriously endangers the personal safety of citizens. For example, the crimes listed in the above articles such as assault, homicide, robbery, rape, kidnapping, etc. ”

(End of chapter)