41. Go home and go on a blind date
"Can I request to see the statements of both parties."
After listening to the policeman opposite, Li Chen expressed his opinion.
"No problem."
After saying that, the man stood up: "I can get it for you now." ”
After saying that, he walked outside.
A few minutes later.
The male policeman returned to the reception room with a document in his hand.
Li Chen looked at the client's confession and couldn't help frowning.
On the basis of this confession, and in the absence of concrete evidence, there is no problem in characterizing it as a mutual assault.
The client's husband and the abuser first had a verbal argument, which was the main reason for the outbreak.
Because the abuser kept kicking the door of the client's house, his husband wanted to reason with him, and did not take other means to avoid danger.
And what the police said about not hiding in the house is very likely to be what they are talking about.
If you look at the confession alone, there is nothing wrong with saying that he deliberately provoked the other party.
A drunken man whose words and actions are not controlled by the brain...
But the question is...
Why does the client sign the transcript?
Aren't you admitting that you have a problem with yourself?
"There's nothing wrong with the source of the confession, right?"
Li Chen looked at the other party's confession and asked.
"That's certainly no problem."
When the police heard Li Chen say this, they also understood what he meant.
"To be honest, we really wanted to make that decision."
"After all, the other party is still lying in the hospital, right?"
"We are now also actively mediating and doing the ideological work of the other party."
"After our continuous efforts, the other side has now agreed to settle and will not ask for any compensation."
The male policeman looked at Li Chen: "But the problem is that on the other side's family, she doesn't want to reconcile." ”
"I want to ask, what is the basis for judging each other's assault here?"
Although what the other party said is very reasonable, it is still necessary to talk about evidence.
In a case, if the other party really has no problems, and the other party insists on not conciliating, there is no need to insist on mediation.
"According to the confessions of both parties, plus the evaluation of each other's injuries."
Li Chen nodded when he heard this: "In other words, we don't have specific evidence of mutual assault here, but only rely on the injury to identify mutual assault?" ”
"What if the other person's wound was faked by himself?"
??
The policeman looked confused.
"In the confession, the other party admitted to smashing the other party with a wine bottle."
"What about the evidence?"
Li Chen looked at the police handling the case: "Do you have any direct evidence to prove that the other party's injury was caused by my client's husband?" ”
Seeing that the police didn't speak, Li Chen continued to speak: "If it is just a confession, there is no direct evidence that it was caused by the other party's action, and it cannot be characterized as a mutual assault. ”
"And my client has a mobile phone video as evidence, and the case-handling agency should adopt it."
"Unless there is direct evidence that the other party is beating each other, or that his injuries are caused by my client's husband."
"Mobile phone footage cannot be used as direct evidence."
Seeing Li Chen say this, the male policeman frowned and replied.
"Just because it can't be used as direct evidence doesn't mean it can't be used as evidence."
"The authenticity of the video can be verified by your case-handling organs."
Li Chen looked at the police handling the case and said: "You said that the other party was beating each other, and first smashed the other party with a wine bottle, which completely angered him, and what I saw in the video of the evidence was an extremely vicious gangster, who grabbed the victim's hair, waved the fist in his hand, and hit the victim's life." ”
"In such an emergency situation, the victim can retaliate by any means, that is, unlimited defense in judicial means, and there is no legal responsibility for killing the perpetrator."
"More importantly, trespassing is an illegal act in itself."
"From the confession, my client's husband, who is the party to the case, smashed him with a wine bottle because the other party wanted to snatch the client's mobile phone, which is also a means of self-protection to prevent the other party from continuing to commit murder."
"When the perpetrator's actions do threaten the other party, the other party can take measures to fight back."
"Trespassing on people's homes and intentional murder are the main reasons for this incident."
"You can't just characterize it as a mutual assault just because the other party drank alcohol and the so-called injury appraisal, which is unfair in itself, right?"
Seeing that the police were silent, Li Chen said: "Of course, your case-handling unit can also insist on your own opinions and go through the judicial process. ”
"Fight each other, the other party is still injured so badly, you have to send the other party who beat each other in, this is justice."
Feel that the other party can't bear it in the hospital?
Don't think so.
What you know is that you can't bear it, and those who don't know think that the client is bribing...
"Regarding your appeal, I will reflect it to the leader and give you a reply as soon as possible."
After Li Chen left the law enforcement agency, he made another appointment with the client and briefly expounded his opinion:
First, if he feels that the other party's transcript is not recognized, he will resolutely not sign if he has inducement to confess, which is also the real reason why other lawyers persuaded him to settle.
Second, he has already responded to his appeal to the case-handling organ, and the other party has not replied after a week, and he will contact him at that time.
Third...
Well...
Be careful yourself, it's better not to stay in this house...
No one can guarantee that the perpetrator will come to the door again.
Judging from the client's knowledge alone, there are still big problems in this case.
For example, they have called the police many times, but the police have ignored them, which in itself is problematic.
The simplest problem, as a resident of the jurisdiction, when there is a problem in the jurisdiction, the law enforcement unit has the obligation to come to the door for mediation.
The second point.
After the incident, the police dispatch time of the case-handling unit was much later than the normal time.
With such a close distance, it took half an hour to arrive at the scene after being beaten.
Why?
Whether there is any greasy or illegal behavior in it, Li Chen is not very clear about this, and the system has not given him feedback.
Probably not...
In the absence of any evidence, we cannot doubt the fairness of the case-handling unit, let alone speculate on the definition of it.
You have to trust the case-handling unit, they will be absolutely fair and just...
This matter came to an end temporarily, and Li Chen also embarked on a journey home.
Originally, Li Chen's idea was very simple, that is, to express his demands to his parents and drive away.
But he never thought that his family would force him to go on a blind date on this condition.
Sitting in the café, Li Chen looked at the little girl in front of him and fell into deep thought.
What should I say?
Ask the other person what their interests and hobbies they have, and what they do?
Bad luck.
Why did I agree to come on a blind date...