75. The real problem of criminal cases
"Shouldn't this be justified defense?"
After listening to Li Chen's words, Li Minjie also began to talk about her opinions:
"In this case, it was the defendant who first took the wine bottle and did it to the victim..."
"Why did the defendant do it to the victim?"
Before she finished speaking, Li Chen took it over: "Is it the defendant who is drunk and picking quarrels and provoking trouble, isn't it?" ”
Li Chen pushed his glasses: "It can be seen from the surveillance video of the bar that the victim was the first to do it, he was the one who picked quarrels and provoked trouble, and the reason for doing it was even more ridiculous."
In the indictment of the District Attorney's Office, the victim thinks that the defendant is provoking him just because the other party looks at him, is there any difference between this kind of person and a bully and hooligan? ”
Li Chen looked at the judge with a serious expression: "Isn't it a bit too much to do it to others just because of suspicion?" ”
"We law enforcement can't ignore his primary role in the case just because he's dead, can we?"
In the video, at 20:38, the victim made a move on the defendant for the first time, and the defendant stood up and picked up the wine bottle to prepare to fight back, which was a knee-jerk reaction of the perpetrator after being attacked.
Not everyone is a saint, and we can't demand everyone with the rules of a saint.
At 20:39 in the video, several friends also stopped his behavior in time after seeing this, and one of them snatched the other party's wine bottle and scolded him.
I don't know exactly what it said, but there is a clear change in the behavior of the defendant in the video, he is taking a calm attitude in the face of the victim's provocation, and he wants to end this conflict, and he is admitting his mistake.
If a person who encounters a malicious provocation from someone else actually takes the initiative to admit his mistake to the provocateur, I will definitely not be able to do it to me. ”
Li Chen looked at the judge opposite and asked, "Let's put aside the rest of the matter first, for now, what mistake did the defendant make?" ”
Seeing that Li Minjie didn't speak, Li Chen suddenly thought that he had made a very serious mistake...
Because strictly speaking, it is a violation for him to talk about the case with the judge before the trial.
And the reason why I couldn't help but ask was because of dissatisfaction with this question.
Why would the District Prosecutor's Office ignore the victim's behavior and prosecute the defendant on the grounds of intentional injury, and he was sentenced to 15 years in the first instance.
Is it because the other party took the lead in causing the death of others?
Sympathy for victims is understandable, but not every victim deserves sympathy.
This may not be the case if the District Attorney's Office had been able to think more about this issue from the perspective of the defendant when prosecuting.
Doesn't the murderer have to find a motive to determine why he killed someone?
"Thank you Judge Li for approving the review of the file, and I'll go back first."
After speaking, Li Chen was ready to leave.
You can't talk too much with the judge, and if you say too much, it will easily be understood by others as interfering with the normal trial order...
Walking out of the court and coming to the parking position just now, Li Chen was a little confused.
Where did the client go??
walked around the nearby parking lot and didn't find the other party, so he could only call Liu Xiaoqin's phone.
Twenty minutes later, the car stopped at the entrance of the courthouse again, and Li Chen opened the door and sat in.
"I'm really sorry Lawyer Li, I thought you would be here for a while."
The last time my lawyer waited for more than two hours when reading the file, I thought he was the same, so I thought I would go back to deal with the trivial matters at home first.
Li Chen nodded when he heard this: "It's okay." ”
Hearing him say this, Li Xiaoqin's hanging heart finally let go: "Lawyer Li, can my brother's verdict be changed to not guilty in the second trial?" ”
"I can only say try to fight for it."
Li Chen also told the truth when he heard this: "Because it can be seen from the video of the bar that it was your brother who made the first move, but from our point of view, it is really unbearable, but from the perspective of justice, it is indeed his fault." ”
You didn't do it when your friend pulled the rack, and you did it when your friend left, and this kind of choice and treatment method will affect other people and trap everyone else if you are not careful.
Even if you don't admit your mistake and scold him, it's better than the choice to take the lead after admitting your mistake.
If this is changed to the fact that he is the victim's defense lawyer, everyone present is counted as one, and they are all responsible.
The bar did not intervene to prevent the conflict between the two parties when the conflict broke out, and had some management responsibility.
If a consumer makes a purchase in the hotel, the hotel has an obligation to prevent the other party.
If the other party can come forward to coordinate, it will not lead to this farce becoming more and more intense until it can't end in the end...
And Li Chen's current behavior is only looking at the overall problem of the case as a third party.
If you analyze the problem from the perspective of the defendant:
You don't fucking smash Lao Tzu, that wine bottle didn't fall on your head, it's your fate.
But what happens afterward?
I tolerated you but made you even more arrogant, so why should I continue to tolerate?
This kind of person...
It's so arrogant!
What a fucking innocent!
This matter should be put on Li Chen, and it will definitely not be handed over to the local prosecutor's office.
The friend's confession, together with the video footage of the bar and his own means of fighting back, is equivalent to the last justifiable defense.
Of course...
Not everyone dares to reason with the Armed Forces Association department...
"Oh..."
Li Xiaoqin was a little depressed after hearing this: "Where are we going next?" ”
Hearing this, Li Chen opened his mouth and replied, "Go and see your previous defense lawyer." ”
He wanted to see the lawyer's level of defense, so that he could write his defense.
Whether 1+1 is greater than 2 or equal to 2 can only be known after seeing it.
"Then I'll give him a call."
Liu Xiaoqin took out her mobile phone to make a call:
"Hey, Lawyer Qi, I'm Liu Xiaoqin."
………
"Well, I received that lawyer Li, do you want to meet and talk?"
………
"Okay, well, then you can get busy first."
Hanging up the phone, Liu Xiaoqin turned to look at Li Chen in the back row: "Lawyer Qi still has some things to deal with at hand, and he will rush over after he is done." ”
Li Chen nodded in response when he heard this.
"So where are we going now? Would you like to book you a hotel first, and you can take a rest first? ”
"Okay."
Li Chen looked at his watch.
14:35
Liu Xiaoqin's attitude towards the defense lawyer she hired was respectful, and Li Chen also liked the other party's attitude.
This is also the real reason why Li Chen decided to come over to understand the situation.
Because as far as the first instance is concerned, it is basically impossible for the second instance to overturn the case, and the ideal state is to be able to reduce the other party's crime.
If it weren't for the outrageous case, the higher court would not have overturned the lower court's trial.
Unless you can convince both sides when the time comes for a retrial, it will be useless for the trial court judge to acquit the District Attorney's Office to file a protest.
And how to make the other party think that the trial itself is wrong, this is a great test of a lawyer's level, and it is also one of the biggest problems in criminal defense.
Many times, law enforcers do not listen to the ideas and opinions of defense lawyers, because in their eyes, the lawyer's behavior is to exonerate the prisoner...
(End of chapter)