76. You're a defense lawyer!
Hengyang Law Firm.
Qi Huai'an, who hung up the phone, sat on his office chair and sighed helplessly.
Regarding the criminal case of the bar, he already had the result in his mind.
In the first-instance verdict, his defense could only revolve around the definition of legitimate defense, but the final result became a joke.
After more than 20 years as a lawyer, the not-guilty defense has sentenced the defendant to more than ten years...
But what could he do?
All the cases that should be said have been mentioned, and the cases that should be mentioned have been mentioned, but the judges of the trial court still believe that the people are intentionally harming.
Key issues in this case:
Liu Xiaohui was the first to strike at the beating, rather than being forced to retaliate in a justified defensive manner.
This is the real reason why the District Attorney's Office prosecuted him for intentional injury.
If you don't have a clear question, it's futile to hire more lawyers, just spend more money...
Of course, he can't say much about the client's behavior, maybe they are really sure that the second instance will be changed?
Shaking his head, he continued to sort out the new commission.
After being busy for more than an hour, Qi Huai'an glanced at the time:
15:37
Hold the paperwork for the time being, grab the case materials that have been prepared on the table, and prepare to leave to meet with another defense lawyer.
17:05
Qi Huai'an parked the car at the door of the hotel agreed in advance, got out of the car and entered the hotel, and Liu Xiaoqin entered the plum blossom hall under the guidance of Liu Xiaoqin.
After seeing Qi Huai'an walk in, several other people at the table stood up.
He had seen everyone here, all of whom were family members of the client.
Looking at the new face, Qi Huai'an couldn't help frowning.
This can't be a new lawyer, right?
is so young, no matter how you look at it, you look like a newcomer who has just entered the industry, can you do it?
This is Qi Huai'an's first impression, that is, the other party is too young and not optimistic.
However, this impression will soon be changed...
At the same time that Qi Huai'an glanced at Li Chen, Li Chen was also looking at him.
This is the lawyer who has been sentenced for more than ten years for the defense of not guilty?
Looks pretty reliable...
Really... People still can't judge the true level of others based on first impressions.
Liu Xiaoqin also introduced each other's identities to the two:
"Lawyer Qi, this is Lawyer Li Chen from the Demon Capital, I have watched his live broadcast on the Internet before, and it is very powerful."
"Hello."
Qi Huai'an also nodded politely when he heard this, and shook hands with the other party.
"This is a lawyer from City D, Qi Huai'an, who is also a well-known criminal lawyer in their local area."
After introducing the identities of both parties, Li Chen returned to his position just now, and Qi Huai'an also sat in the position left for him.
As he took his seat, a discussion meeting on the case officially kicked off, and the first to speak was Qi Huai'an, who followed from beginning to end.
If the new lawyer first arrives and does not understand the situation, then he should inform the other party of the specific situation.
Sitting in his place, Qi Huaian looked at the others: "In this case, the main problem is that Liu Xiaohui first picked up the wine bottle and beat the person, and then the two scuffled together, Liu Xiaohui stabbed the victim a few times with the wine bottle, causing him to die on the spot after walking out of the bar."
It is also because of this that the law enforcement agencies believe that he intentionally harmed, and lawyer Li can also see it after reading the file.
The key issue in this case is to get the trial court to recognize that Liu Xiaohui's actions were justified defense.
And several of the main witnesses in the case did not dare to tell the truth, which is also the second real difficulty of the not-guilty defense. ”
Qi Huai'an glanced at the others: "We look at this matter from the victim's position, Liu Xiaohui was indeed forced to fight back, but we don't have enough evidence to prove that he had to beat someone." ”
This is the main reason why the perpetrator is indefinable, because no one knows what he was thinking...
When you say you're scared, your friends are around, but you're not alone.
From the point of view of the law enforcer, he does have the conditions for emergency evacuation.
When you meet this kind of person, you can't just leave, why do you have to entangle with him?
"I've seen the video, and he has the opportunity to take emergency shelter."
Li Chen also took over when he heard him say this.
In terms of the behavior of the defendants in the video, it is not an exaggeration to define each other as assault if the other party is not dead.
Qi Huai'an nodded when he heard this.
I didn't think much about his reading of the file, after all, the time was tight and the second trial was about to start.
"When the first trial was held, I debated with the prosecutors from the District Prosecutor's Office, and that's where their views were.
Liu Xiaohui had enough opportunities to avoid danger but did not avoid danger, and he said that he deliberately provoked him and kept bowing his head to admit his mistakes, but he insisted on intentional injury, and it was basically impossible to defend his innocence. ”
Regarding this point, Qi Huaian also gave his own reply when he received the commission to read the papers:
You can only try to fight for a not guilty defense.
"Your defense has always been debated around the words and deeds of Liu Xiaohui and Yang Hao, right?"
Hearing this, Li Chen also asked Qi Huai'an again.
"That's right."
Qi Huaian nodded when he heard this: "I put forward three defense opinions in the trial court, all of which revolve around Yang Hao's provocative behavior to defend Liu Xiaohui.
In the video of the case, although Liu Xiaohui reacted aggressively, he was dissuaded by his friends, while Yang Hao kept provoking the other party, even if the other party bowed his head and admitted his mistake, he still had to provoke forward. ”
"If you look at it from the perspective of a law enforcer, his behavior is just adding a suitable reason for his own behavior."
Li Chen looked at Qi Huai'an: "First there was the behavior of smashing people with wine bottles, and after being stopped by others, I bowed my head and confessed, plus the last behavior, it feels like I confessed, I confessed my mistake, I really couldn't bear it anymore before I shot back, it looks more like a premeditated crime." ”
Qi Huai'an was obviously stunned when he heard this.
Dude, have you ever mistaken your identity?
You're a defense lawyer, we're in one camp.
"How can this be a premeditated crime?"
Qi Huai'an looked at Li Chen and frowned, and just wanted to open his mouth to continue his defense, but was interrupted by Li Chen's words: "Why is it not a premeditated crime?"
The composition of a case is from the cause to the process and finally the result.
The cause of the case, although it was Yang Hao's first move, but Liu Xiaohui's behavior also exceeded the defensive measures, and being angry was not a reason to do it casually, if his wine bottle smashed into the victim's body, then the nature of the case would be simpler, and it was impossible to defend not guilty at all, and it was precisely because his behavior was stopped by his friends that he had the opportunity to continue the debate.
However, the views of the District Prosecutor's Office and the Court of Justice are completely opposite to ours, and Liu Xiaohui's excesses also give them a reason to speculate.
Yang Hao's anger at Liu Xiaohui's provocation is itself an existential anger, which is the main reason why he has repeatedly handed him the wine bottle.
Maybe it was his friend who calmed him down and understood what the consequences of his actions would be, but Yang Hao didn't think so, because he was originally the one who provoked the trouble, and he was also looking for a suitable opportunity for himself, otherwise he didn't use words to provoke the other party or drop the wine bottle, but took the wine bottle and threw it directly, after all, he picked up the ashtray and smashed the other party at the beginning, what is it to smash people with a wine bottle? ”
Qi Huai'an listened to Li Chen's words and fell into deep thought.
It seems like...
That's how it goes...
Why did a person who dared to pick up an ashtray and smash it at the other party suddenly changed his mind to provoke the other party instead of doing it directly?
If you think about it this way...
Liu Xiaohui's behavior was really intentional injury, and Yang Hao's deliberate provocation was just to completely provoke the other party, so that he could do it first so that he could fight back.
The only mistake was that he overestimated himself and underestimated the enemy...
Alas?
Isn't that right...
You are a defense lawyer, why do you always want to hold your client accountable?
According to your thoughts, the defendant has really been sentenced to less in the past 18 years, so he should be worth one life for another, right...
Qi Huai'an looked at Li Chen: "You are the lawyer invited by the client to defend the defendant, shouldn't you defend the client, why do you feel that you always want to send him in?" ”
(End of chapter)