Next.

Half past nine.

Li Chen woke up from his sleep and prepared to go.

It was agreed that the time for the submission of the defense draft was half past ten, so there was no need to get up too early.

I washed up briefly, tidied up my suit, put on my glasses, took the prepared defense draft, and prepared to go out.

Li Chen was very satisfied with the defense draft.

If there are no accidents, you basically won't lose.

I opened the door and knocked on the opposite door.

"Squeak."

The door opened from the inside, Qi Huai'an brushed his teeth and looked at Li Chen's hesitant opening and said, "You go first." ”

"Isn't it a piece?"

"I've got some work to do here, I'll go back later."

Qi Huai'an made an excuse to send him away, and he was extremely reluctant to go with this ruthless man to submit the defense draft.

What if you want to break your own blood?

Far away, far away...

Seeing this, Li Chen nodded: "That's okay", and then turned to leave.

Come to the elevator, press the button, and walk in when the elevator comes up.

"Lawyer Li, didn't Lawyer Qi come out with you?"

Li Qin was waiting at the door, and when she saw that Li Chen was the only one, she was a little puzzled.

"He said there was still something to do, so let's go first."

Regarding Qi Huai'an's reason, Li Chen was a little disdainful in his heart.

It's all a thousand-year-old fox, why are you playing with me here?

Something temporary is fake, and the fear of one's own hurtfulness is real.

Sitting in the car, Li Chen glanced at his defense draft again.

Another intentional murder was added to Yang Hao's question.

In terms of behavior, Yang Hao's abnormal behavior, coupled with the reactions and confessions of other people in the bar, can also be considered so.

repeatedly provoked but didn't dare to do it, didn't he just want to provoke the other party to kill others reasonably?

Unfortunately, he made one of the two biggest mistakes:

First, justifiable defence arising from deliberate provocation cannot be regarded as justifiable defence.

Second, I can't beat others, and I was accidentally killed by others...

At 9:50, the car came to the gate of the intermediate court, Li Chen took his document bag and got out of the car, and entered the court through the security gate.

At ten o'clock, Li Chen formally met with Judge Wu Lei and followed him to the conference room.

Wu Lei took the defense draft and glanced at it first.

Well??

Look at it again.

Yang Hao wanted to kill Liu Xiaohui from the beginning?

Then I began to carefully review the defense draft from the beginning:

1. The cause of the case and the nature of Yang Hao.

In this case, the main reason is the overall incident of justified defense caused by Yang Hao's drunken picking quarrels and provoking troubles.

Before the case began, Yang Hao smashed him with something on the grounds that Liu Xiaohui was provoking him, and Liu Xiaohui was also about to fight back with a wine bottle, but was stopped by a friend.

However, Yang Hao used this excuse to constantly infringe on Liu Xiaohui's legitimate rights and interests, and used threatening words and behaviors to make him stay.

1. Yang Hao's behavior judgment:

(1) Yang Hao threw the wine bottle and pushed the sofa, forcing Liu Xiaohui to be in a tense state.

(2) Behavioral and verbal threats to those who come to the fight, forcing others to dare not come forward to stop the conflict.

(3) Based on the comprehensive judgment of consecutive behaviors, Yang Hao's behavior is not irrational.

2. Liu Xiaohui's behavior.

(1) A true response to an emergency.

Before being picked on by others, Liu Xiaohui tried to fight back against Yang Hao with a wine bottle, which can verify that he is not a person with an extreme city government, and there is no idea of deliberately killing Yang Hao by using legitimate defense.

(2) Being stopped by a friend.

When he picked up the bottle, he immediately stopped the murderous behavior after being persuaded by his friend, and calmed down.

(3) Admitting mistakes in the face of provocation is an emergency avoidance.

In the face of Yang Hao's deliberate provocation, Liu Xiaohui, as the violated party, has been apologizing and smiling, hoping to resolve the conflict in this way, which is a kind of emergency avoidance.

4. Confessions of others,

Judging from the confession of the Martial Arts Association, there is an obvious contrast to Yang Hao's threatening behavior.

Evidence: The first page of the bar owner's confession is vaguely described.

Friends on both sides have a clear description.

Video Evidence:

Video: 20:39 to 20:41.

Among them, Yang Hao also threatened a person who wanted to come forward to dissuade him.

4. Justifiable defense.

In the case, Yang Hao deliberately provoked in the face of Liu Xiaohui's apology and continued to drink and provoke trouble, while Liu Xiaohui repeatedly avoided danger to no avail, and lost the contradictory buffer point of his friend, and the normal reaction of being in danger for a long time was only to make Yang Hao lose the ability to resist and prevent the other party from continuing to infringe on himself.

During the whole process, Yang Hao and Liu Xiaohui were in a state of beating each other, and after the beating was over, Liu Xiaohui did not continue to beat him, but let him go.

Overall Event:

Yang Hao first provoked with words, was the party at fault, and then threatened Liu Xiaohui with words to make Liu Xiaohui dare not leave, which is a restriction on the freedom of others.

And Liu Xiaohui's retaliation method should be justified defense, and the purpose is not to kill the victim, (as can be seen at the end of the video), so it is not an intentional injury of excessive defense.

Seeing the end of the judge, Wu Lei's scalp was a little numb.

Although the behavior of the other party is only a hypothetical definition, it can also be qualitative with the other person's confession and the behavior in the video as support.

In other words, Yang Hao's own purpose was to kill Liu Xiaohui.

You say you don't?

The people around him didn't dare to come up and fight, and you still said that you didn't want to kill him?

But the biggest problem is that the victim is dead, and people who really know the case are afraid that he really committed the murder, which is also a disguised admission of the facts of his behavior.

It was also at this time that Wu Lei understood why the second instance would let them retry instead of a direct trial...

This is giving them a chance to change the trial court of first instance.

"Okay, I see, you can go back."

Putting down the defense draft, Judge Wu Lei looked at Li Chen and said.

After reading it myself, the pressure was put on the side of the local prosecutor's office.

However, prima facie, the District Attorney's Office has little chance of winning, unless it plays extraordinarily...

Because this thing is completely dead without proof, only the victim himself knows whether he wants to kill the other party or someone else, right...

Ten twenty o'clock.

Qi Huai'an came to the trial court with his defense draft and successfully met with Wu Lei.

Sitting in the reception room, Wu Lei also looked at the other party's defense draft very seriously, and the more he looked at it, the more dissatisfied he became.

This lawyer and lawyer just can't compare...

Compared to the lawyer before him, he was a piece of.

Last time, I wrote about both sides as a whole, but this time I still wrote around each other, and I don't know how to work around at all.

Wu Lei, who was a little angry, also reprimanded him with words, making Qi Huaian sit there with a confused expression.

You guy, you took the wrong medicine, right??

(End of chapter)