49. I shouldn't have sat on the witness stand

Different people look at problems from different angles.

The three initiators sitting in the defendant's dock were a little happy when they heard their lawyer express their defense opinions there.

It's worth the money!

What the lawyer said was justified and there was nothing wrong with it.

What do we call picking quarrels and provoking trouble and disturbing public order?

The reason for the incident was that the girl was calculating.

If she had changed her attitude, how could we have scolded her?

My son is so young, why are you yelling at him? Can't you talk about something?

And that man, the conductor is all on the scene, so you need to be nosy?

How can a person who fights back be present as a witness at the courtroom?

After listening to the other party's speech, the people who watched the live broadcast also had a significant change in their attitude.

Well...

It seems like that's what happened.

If that girl had spoken well, maybe it wouldn't have happened.

And the point is that people hit you once, but you hit them twice, which is the main reason for the escalation of the overall incident.

The presiding judge on the trial bench couldn't help frowning when he heard this.

Why are you so unpopular?

"The defendant's defender, I have already informed you about the issue of witnesses before the trial, and your defense opinions only need to revolve around your defendant."

The prosecutor in charge of the prosecution was also a little unhappy when he heard what he said.

You don't really think we want him to be a witness, do you?

"Honorable presiding judge, if the person you insist on doing can be a key witness in this case, then I will apply for the recusal of the presiding judge in charge of hearing this case from the continuation of the trial of this case, and apply for the recusal of the prosecutor in charge of prosecuting this case!"

"You said you asked for the recusal of the presiding judge and the inspector, right?"

"That's right!"

When the defense lawyer on the other side heard this, he said that he was going to fight you to the end.

"What are the grounds for applying for recusal?"

"With regard to the assailant as a witness, why was the prosecutor in charge of prosecution able to make him a witness? This seriously affects the fairness of this case. ”

"The presiding judge clearly knew that such a witness could not be used as a witness, but he still decided to use it, which completely violated the relevant laws."

"A witness refers to a natural person other than a person related to this matter, and this witness is a third person who is in the midst of the mutual assault, which obviously does not meet the basic requirements for witnesses in the procedural law."

"A witness involved in a brawl in a case, it's hard to be sure that he can approach the matter from a fair and impartial perspective."

"And the procurator and the presiding judge have already discovered that the case is illegal and have decided to continue to violate the law, as the defendant's defense lawyer, there is reason to suspect that you have lost your understanding of the fairness of this case, so I apply for the recusal of the procurator in charge of prosecution and the presiding judge who heard the case."

After hearing this, the presiding judge discussed with the other two members of the collegial panel for a while, and decided to inform the court president of the opposing defender's opinion.

"If the application is rejected, I will inform him of the rejection in the form of the title of the book."

Because the case is a case of public opinion, the president of the court is also concerned about the public hearing of the matter.

Respond as soon as you hear your request.

"Defendant's defender, the court rejected your application for recusal on the spot, and the president will inform you in the form of a book later."

After receiving the president's reply, the presiding judge rejected the application and continued to ask: "Is there anything else that needs to be added?" ”

"Honorable Presiding Judge, I ......... this matter until the President makes a written reply of the dismissal."

"Okay, okay, don't say any more."

When the presiding judge heard that he was still about to make a long speech, he interrupted impatiently: "I have already informed you of the legitimacy of the witnesses in advance. ”

"How can a person who beats someone represent a witness?"

"Defendant, defender, if you don't have anything else to say, then let's do it first."

The defendant's defender was a little helpless when he heard this.

Because of the peculiarity of this matter, it lost its "impartiality" from the very beginning.

"I obey the presiding judge's command, but I reserve my opinion."

"Well, then the witnesses will tell their testimony."

Hearing this, all the shots were given to Li Chen on the other side.

As soon as Li Chen heard this, he instantly came to his senses.

Is it finally my turn?

Li Chen pressed the microphone next to him.

"Honorable court, honorable presiding judge, before giving witness testimony, I would like to answer the words of the defendant's defender."

"Regarding the fact that I am a witness, at the beginning, I also thought that I could not be a witness, but the most important thing was that the Ducheng City Armed Forces Association was clear-sighted, the prosecutors of the District Prosecutor's Office were able to accurately judge right and wrong, and the judges of the trial court were able to act impartially, so I had the opportunity to sit on the witness stand and discuss this matter."

"Then on the issue of the defendant's defense lawyer's commission, I also quite agree, thinking that I really should not sit on the witness stand, but sit at the plaintiff to accuse the beating."

"There are two reasons for this."

"First, as the third person in the case, I didn't plan to participate in the case originally, but because of the behavior of the two pairs, I had to participate in it."

"Second, about the fact that the opposing defender has been emphasizing that I will fight back just now."

"First of all, as a third person who stands on the side of fairness and fairness, my idea at the beginning was to pull away the entangled two sides, and I didn't think too much."

"Who knew that Liu Weijie came up indiscriminately and kicked me to the seat in the front row, causing a violent blow to the head, and the conclusion given by the hospital examination was a slight concussion, which is on the fourth page of the submitted evidence, there is a diagnosis given by the hospital."

"However, this is the case, Liu Jiawei has not given up and continued to commit the assault, and he has come forward to continue the beating, which can be testified by other passengers in the carriage."

"Then in this case, I have to intervene to stop the other party's atrocities."

"As for the number of times the opposing defense lawyer said to have fought back, I think the relevant express provisions on justifiable defense do not clearly limit the number of defenses."

"He said that the other party stopped his hand, and I should not continue to do it, but he himself thinks that the other party has stopped threatening, and it does not mean that I think the threat has been lifted."

"Objective factors, the conductor on the train was at the scene, and he dared to commit murder, which in itself is the biggest threat to me."

"For this kind of thug, my subconscious tells me that only when the other party is completely powerless to fight back can the threat be truly lifted."

"So as the third person in this case, first, I did not provoke the other party, and second, my first reaction when I was beaten was not to fight back, but to take emergency avoidance."

"Please note that when the conductor is present, all my actions are classified as emergency evasion."

"Then the means taken in the case of no avoidance is legitimate defense."

"As the main victim of this incident, I believe that I should not sit on the witness stand, but attend this trial as a plaintiff in line with the prosecution and trial procedures he said."