"Defendant Tan Peicai, did you hear clearly the indictment read out by the prosecutor just now? Do you have any objection to the facts and charges of the crime charged against you in the indictment? The presiding judge looked at Tan Peicai, who was sitting in the defendant's seat.

"Hear me clearly. I have no objection to the charges, but they make sense of the facts of the case.

There was no fight between me and the victim, I was kidnapped by the other party to the grove, and the other party hit me first, and I didn't want to fight with him. I stabbed him with a knife in self-defense. Tan Peicai argued.

At this time, Tan Peicai did not have a nervous breakdown like the other defendants, and he had always believed that he was justified in self-defense. And the group of people who were locked up with him, when they heard that he stabbed people in, they didn't embarrass him, and even a few "veterans" who entered the palace many times also enlightened him from time to time.

The detention center is also a small society, where people come and go, and people are constantly coming.

Tan Peicai is not an elm head, on the contrary, he ran out to work after graduating from junior high school, he has seen a lot of people and things, and knows the unspoken rules at the bottom of the society, otherwise he would not choose to believe in the switchblade.

He doesn't believe anything about the words of "veterans", what are the younger brothers and Ma Tsai used for, that is, cannon fodder in the new era. But he won't say it, because there are some things that are better for protecting himself than being foolish.

Now that he is in court, Tan Peicai's logical thinking is still relatively clear, but he is very panicked.

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

"The defendant talked about Peicai, what happened after the victim Wei Runquan and others kidnapped you into the grove?" The inspector asked.

"The guy named Wei Runquan came up and slapped me in the mouth, and I was stunned at the time. Later, I learned that he was venting his anger for Qin Leiming. I was so beaten that I pulled out a knife and stabbed him. Tan Peicai looked at the inspector a little calmly and said.

"Where did you get the switchblade you used to stab the victim?" The inspector asked.

"It's my own, and I've been in a drawer before." Tan Peicai replied.

"Why do you come home from work with a switchblade? Did you also carry a knife to work before? The prosecutor stared at Tan Peicai and then asked.

Yun Qiao, who was sitting next to Fang Yi, pouted secretly after listening to the prosecutor's questioning, and said in his heart: Commuting with a knife, do you think the defendant is the emperor's guard with a knife!

"No, I never used to commute with a switchblade. I brought a switchblade because Qin Leiming threatened to find someone to get me, and I was for self-defense. Tan Peicai explained.

"Find someone to get your 'get' word, how do you understand it, what does it mean?" The inspector asked.

"'Get' means to beat, I understand that he means to find someone to beat me and clean me up." Tan Peicai explained.

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

"Does the defendant's advocate need to ask questions of the defendant?" The presiding judge asked.

"Questions." After Fang Yi finished speaking, he looked at the defendant's seat: "The defendant talked about Peicai, after the victim and the other three hijacked you into the grove, who made the first move?" ”

"It was the man I stabbed, and he started to beat me in the mouth. I was completely stunned. Tan Peicai replied.

"Did anyone else do it?" Fang Yi asked.

"No, the two men were holding steel pipes and standing by and looking at me. Didn't do it. Tan Peicai replied.

"When you stabbed the victim, what was his state?" Fang Yi asked.

"After he hit me in the mouth a few times, he stopped and started scolding me, and then he was about to hit me again, and I took out a knife and stabbed him while he came close and hit me in the mouth again." Tan Peicai said.

"How long did it take for him to take you into the woods and then you stabbed him? Do you have any impressions? Fang Yi asked.

"It was about five or six minutes, and I was very scared. There were three of them, and in addition to the one who beat me, the other two were holding steel pipes and watching from the sidelines, scaring me.

I had to stab him, and if I didn't stab him, I wouldn't have been able to run away. Tan Peicai explained.

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

……

"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.

"Presiding Judge and Judge: The prosecutor believes that the defendant Tan Peicai was held hostage by the victim because of the matter of arranging Qin Leiming's shift, and then a brawl broke out between the two parties.

In this case, after being threatened by Qin Leiming, the defendant carried a murder weapon (switchblade) with him in case of emergency, which shows that he had the purpose of fighting.

When the victim unlawfully infringed on the defendant with his bare hands and slapped his mouth, the defendant directly stabbed the victim with a knife, and both parties were prepared to harm each other, and the conduct of both parties should be a fight, and the defendant's conduct did not constitute legitimate defense.

In view of the fact that the defendant was able to truthfully confess after being brought into the case, the prosecutor recommended that the defendant Tan Peicai be sentenced to seven years in prison. Complete. The inspector said.

……

"The defendant's defender gives his defense opinion." After the defendant finished his defense opinion, the presiding judge said.

"Presiding Judge and Judge: The defender believes that the defendant in this case, Tan Peicai's conduct was justified defense, but because of excessive defense, it constituted the crime of intentional injury. Here's why:

Defendant Tan Peicai was on his way from work when he was suddenly beaten by the victim Wei Runquan, and in order to stop the ongoing unlawful infringement, the defendant took out a switchblade and stabbed the victim Wei Runquan, and his conduct should be justified defense.

However, in view of the fact that the victim Wei Runquan did not use a murder weapon when he committed the unlawful offense, and did not seriously endanger the defendant's personal safety, but the defendant Tan Peicai used a switchblade to defend himself, causing serious injuries to the victim Wei Runquan, his defensive conduct clearly exceeded the necessary limit, and it was excessive defense, and criminal responsibility for intentional injury should be borne, but the punishment should be reduced in accordance with law.

In view of the fact that the defendant is a first-time offender, can truthfully confess after being brought into the case, and is in excessive defense, the defender recommends that the defendant be given a suspended sentence. Fang Yi expressed his defense opinion.

"The prosecutor may respond to the defender's arguments." The presiding judge looked at the prosecution bench.

After listening to the opinions of both sides, the presiding judge held that there was no dispute between the two sides about the defendant's charges, and that the focus of the dispute was on whether the defendant's conduct was justified defense, and that it was necessary for both sides to express their opinions.

(End of chapter)