78. As for how I became a defendant...
Li Chen's purpose was not to share the crime equally, but to reflect the situation at that time through such a thing.
Why did Liu Xiaohui's friends have two faces before and after the conflict, why did Liu Xiaohui not leave but kept bowing his head and admitting his mistakes, did he really have a plan to prove that he was justified in defense?
Why didn't the management in the bar come forward to stop it?
Taken together, all the sources converged on Yang Hao.
Is it because of the other person's background?
It is very possible, otherwise their behavior would not have been so contradictory, and Yang Hao would not have dared to be so arrogant.
As for what Yang Hao was clamoring for, only these parties in the contradiction know.
Of course, it cannot be ruled out that Liu Xiaohui is scheming and deliberately softens to prove to others that he is justified in defense.
But judging from the other party's preliminary behavior, he doesn't have that kind of city government at all, more like a stunned young man, otherwise he wouldn't have picked up the wine bottle directly after being smashed and had to solo.
Therefore, the main reason for the problem is still Yang Hao or Yang Hao's friend.
Only by proving that Liu Xiaohui was forced to fight back in an environment of serious threat or extreme panic can he be justified in self-defense.
This brings us to the laws of this world:
Joint and several liability.
I don't want to pull them, and I can get along safely, if I really want to drag them, no one can run...
Because they are all an important part of the case, and it has been proven that they can completely stop this murder that should not have happened.
Isn't the ability to stop and not stop it tantamount to indulgence?
"The real purpose of your defense draft is not to convict them all, right?"
After listening to Li Chen's words, Li Minjie, who had been silent for a while, also saw clearly the true purpose of his question.
The second instance is different from the first instance.
If the first instance is a vague conviction, then the second instance is to pick out the details, and all issues cannot be let go, including the crime.
This is also the reason why Coco Li was initially determined to be overly defensive.
Because from the overall point of view of the case, Yang Hao's behavior did pose a threat to Liu Xiaohui, but Liu Xiaohui's counter-attack methods obviously exceeded the degree of defense, resulting in the victim's death.
"Aren't they part of the case in the first place?"
Regarding the judge's question, Li Chen naturally would not honestly explain his true purpose.
You can see that it is not right, it is the fairness of the case, I told you, this is called inducement.
"I know your defense draft."
Seeing that Li Chen was reluctant to say, Li Minjie did not continue to ask.
As a judge, the issue of the submission of the defendant's defense lawyer should also be taken seriously.
This seems to be a fallacy, and she has no way to refute it.
Because strictly speaking, the thing is what he said, and these people are more or less jointly and severally responsible.
The most serious is the bar, whose joint and several liability is greater than that of their friends, and should bear tort liability.
Article 1198 of the Civil Code provides that if the operator or manager of a hotel, shopping mall, bank, station, airport, stadium, entertainment venue or other business premises or public place or the organizer of a mass event fails to fulfill the obligation to ensure safety and causes damage to others, he shall bear tort liability. Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary liability. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.
Therefore, the responsibility of the bar is basically inescapable.
Then, as one of the important places of the case, the District Prosecutor's Office did not mention it but was raised by others, so she, as the judge of the second instance, had to sort out the case again.
"Ugh..."
Looking at the back of Li Chen leaving, Li Minjie sighed helplessly: "It seems that I have to work overtime again tonight." ”
Pushing aside the chair and standing up, he walked out of the conference room to another office, and called the other two members of the collegial panel in charge of the case to reorganize the case.
Two days later, the Higher Court ordered the Intermediate Court to retry the case on the grounds that the grounds for the prosecution were insufficient and the case composition was incomplete.
This is the most appropriate way, otherwise it would not be as simple as dismissing it when it comes to the trial...
Intermediate Court of City A.
Judge Wu Lei, who was in charge of the trial, looked confused when he received the return letter from the High Court, and even more confused when he saw the returned content.
What does it mean to have an incomplete case?
The cases of Liu Xiaohui and Yang Hao were originally a whole.
Liu Xiaohui hit someone first, and intentionally injured Yang Hao's death, there is no doubt about this, but when it comes to the composition of the case, other people do have their own responsibilities.
As a result, Wu Lei, who held the same opinion, returned to the District Prosecutor's Office for the same reason.
District Attorney's Office.
The prosecutor in charge of the prosecution was also confused when he saw that the case was returned, so he returned the case to the Armed Forces Association Bureau with the same purpose, and asked them to continue the supplementary investigation around the people above.
Bureau of Armed Forces.
Unlike the local prosecutor's office and the judges, the case-handling police of the armed forces association department were angry when they received the case back.
It's been more than a year, how do you let us continue to investigate?
Besides, wouldn't it be enough to arrest the perpetrators...
Anger is anger, and what should be done still has to be done.
In the evening of the same day, the Armed Forces Association Bureau again "invited" the main personnel in the case to the Armed Forces Cooperation Bureau.
Unlike a year ago, this time they are both defendants...
"Jiang Qingxiang, do you remember the intentional injury case in 2019?"
"What intentional injury?"
It's been a year, and Jiang Qingxiang has long forgotten everything that happened.
After all, as the owner of a bar, how could he remember the problem of a year ago.
"A year ago, on June 13, 2019, two people got into a fight in your bar, one of them was stabbed several times by a wine bottle, and died of hemorrhagic shock outside the bar, and you called the police."
"I want to think about it~"
Hearing this case, Jiang Qingxiang recalled for a moment.
"Oh, you're talking about Yang Hao."
"That's right."
Hearing this, the police of the Wuxie Association nodded.
Jiang Qingxiang looked at the two policemen who interrogated him with some confusion: "Didn't you arrest the murderers, why did you look for me again?" ”
The inquiring martial arts association case-handling personnel heard the other party ask themselves and replied with a serious face: "Of course there is something wrong with you." ”
"In the surveillance video at the time of the crime, it was shown that why didn't you stop people in your bar when the conflict between the two sides was still escalating?"
"Stop?"
Jiang Qingxiang looked puzzled after hearing this: "At that time, we thought that the other party had drunk too much, and we didn't expect that they would suddenly fight." ”
"I don't know if I won't see it, the situation at the scene has become like that, if you stop it in time, it won't happen later?
As the owner of the bar, you did not ensure the safety of consumption and did not come forward to stop it, which led to the intensification of the conflict between the two parties, and finally the victim Yang Hao was stabbed by another consumer with a wine bottle, resulting in hemorrhagic shock and died, and you bear the main management responsibility. ”
"Am I responsible, too?"
Jiang Qingxiang looked stunned when he heard this.
I open a bar and others fight, I don't care, and I'm still responsible?
"Of course there is, according to the Civil Code..............."
Jiang Qingxiang looked stunned when he heard this.
One of the two of them fights because they can't bear it, and the other is innocent of death, what does it matter to me?
(End of chapter)