Because of the time problem, Li Chen planned to go to the court of second instance first to apply for a review of the case file, and then talk about meeting with the previous defense lawyer.

The main thing is that there is really no need to see him.

The first-instance not-guilty defense has been defending others for fifteen years, and such a lawyer is talking to him?

Half past ten.

When the car arrived at the door of the senior court of the second instance, Liu Xiaoqin turned her head to look at Li Chen in the back row after holding the car steady: "Lawyer Li, don't you really need to meet Lawyer Qi first?" ”

"Time is pressing, let's read the paper first."

Li Chen replied expressionlessly when he heard this, and then opened the car door and walked down.

With his lawyer's card and other relevant documents, he cleared the security gate and walked into the interior of the court.

The lawyer needs to submit the application in advance to apply for reading the case file, but due to time reasons, the judge also generously agreed to his request to read the case file.

The judge of the second instance is named Liu Minjie, and she is a female judge.

Sitting in the conference room, Li Chen began to look through the prosecution materials of the District Prosecutor's Office: "Judge Li, I want to ask, did the law enforcement video be turned on during the law enforcement process of the Armed Forces Association?" ”

"There must be this."

Hearing this, Li Minjie nodded: "If you want to see it, I can call it out for you." ”

Students at Kyoto University of Politics and Law...

It's still my primary brother...

Facing the judge's answer, Li Chen also responded with a smile: "I'll take a look at the prosecution materials later." ”

Li Chen took out his notes and began to record.

Causes of the District Attorney's Office's case:

The victim and the defendant were drinking at the bar because the defendant looked at him and then picked up an ashtray from the wine table and smashed him, after which the defendant picked up the bottle and fired back, which was later pulled away by friends from both sides.

That's why I'm actually being sued...

Seeing the other party's countermeasures, Li Chen shook his head helplessly.

Such a small action may be unbearable in the eyes of ordinary people, but from a judicial point of view, it may be the cause of intentional injury.

However, when people encounter inexplicable provocations, a reasonable response should not be a justification for intentional harm, right?

This not only reminded him of the justifiable defense case that caused a judicial sensation, but also a common problem of law enforcers.

From the moment a criminal case is finalized, they will ignore human nature and demand that a person should make the right choice, such as avoidance, as God's quasi-being.

This is like what I said before, can't I hide if I can't be provoked?

If the client's younger brother's first reaction when he was smashed was not to pick up the wine bottle and make a provocative action, but to ignore him, then the other party's provocation after that might be a legitimate defense in the eyes of the judiciary, right?

There is no need to read the prosecution materials of the District Prosecutor's Office...

Li Chen put the stack of materials back into the file bag, then pushed them back into their original positions to take the defendant's confession.

That's it?

Li Wenjie didn't understand Li Chen's performance very well.

With such a large stack of materials, when the president of the trial court appointed her as the trial judge, he worked overtime to read the case file, and he didn't dare to miss a word.

"I would like to request to see the footage of the bar at the time of the incident."

After a few more simple pages, Li Chen pushed the defendant's confession back into place, raised it to look at the judge opposite and spoke.

"Confessions and documents don't need to be read?"

Hearing this, Coco Li looked at him with some disbelief.

"When I came back, the client had already briefly told me what had happened, and I actually knew about it."

Li Chen looked at the judge opposite and smiled.

The reason why I came to apply for grading again was just to verify my guess and see how much error there was in the real situation that the client said.

As for the testimony of friends on both sides, reading too much will only affect my judgment, so I simply don't read it.

Based on the video of the bar and the defendant's confession, the scene can also be completely simulated.

"Okay, wait a minute, I'll have someone bring it to you."

Li Minjie stood up when she heard this, and then walked out of the conference room.

Ten minutes later, Coco Li came over with the computer in her arms: "The video of the bar and the interrogation video of the Martial Arts Association are all in this folder." ”

Seeing this, Li Chen stood up and took the computer: "Thank you." ”

Set the computer back in front of you and click the play button.

The whole picture resurfaces:

The defendant and a few friends were drinking at the bar again, and the victim came over at this time.

A man tried to hold him, but the victim ignored the dissuasion and threw an object at the defendant.

Li Chen paused the video and recorded this behavior in his notebook:

Picking quarrels and provoking trouble.

The victim's unjustified attack on the defendant is the main factor in the triggering of the conflict, and the defendant is influenced by the surrounding environment and has not taken correct and reasonable means, although he is at fault, he is blocked and stopped by his friends, and cannot be used as a trigger for the conflict.

Unilateral action by the other party, although the other party makes a return move, but does not do it, cannot be understood as a deliberate provocation.

Continue playing the video:

The defendant calmed down after being dissuaded by his friends, but the victim made a series of unbelievable actions.

At the end of the video, Li Chen continued to write notes:

However, the defendant's repeated forbearance has invisibly fueled the victim's arrogance, and this is the ultimate factor of the contradiction.

In this case, the defendant's act of avoiding danger should be an emergency avoidance, and the act after the emergency avoidance should also be justified defense.

After taking notes, Li Chen looked at the female judge opposite: "Thank you, I have already recorded it, and these materials can be moved back." ”

"Okay..."

Li Minjie nodded when she heard this, and Li Chen's eyes met her: "Judge Li, what do you think about this case?" ”

"I have also studied carefully for several days, and the case can be characterized as excessive defense."

Hearing Li Chen's question, Li Minjie also talked about her own opinions: "The main reason for this case is that the victim provoked first, and the defendant's defense methods obviously exceeded the unnecessary limit. ”

Li Chen nodded when he heard this: "He shouldn't have stabbed him with a wine bottle, right?" ”

"That's right."

Li Minjie nodded when she heard this.

"I wonder if Judge Li has thought about this question?"

Li Chen pushed his glasses and looked at Li Minjie: "The behavior of the two sides has already been scuffled together, and the state at this moment is completely irrational, so you can't think about this issue according to the normal judicial definition, right?"

The main reason for the outbreak of the conflict was that the victim was drunk and picking quarrels and provoking trouble, and although the defendant's reaction after being smashed was wrong, he did not implement it, and he calmed down after being dissuaded by his friends, but still chose to laugh and admit his mistake in the face of the other party's provocation.

And the latest definition of justifiable defense, isn't it that the act after taking emergency avoidance can be understood as justifiable defense?

Since you think that the defense is excessive, does it mean that you also recognized his behavior in the early stage as legitimate defense?

And the two sides scuffled together, and the other party didn't stop, this is not excessive defense, right? ”

Coco Lee: ????

The question of the intermediary, in fact, has already given the answer, as for the process, it is really difficult to write...

(End of chapter)