85. Threat Theory and Justifiable Defense, Mock Trial Before Trial Commits
Leaving the court, Qi Huai'an's mood was depressed.
The reason why he chose to submit the defense draft behind Li Chen was because he was afraid of being implicated.
Because he believes that Li Chen's defense draft is only a kind of deduction.
From the behavior of the other party to the behavior of the people around him, the judge will not approve of it, and if he doesn't get it right, he will scold and doubt his true level.
But he forgot that there are many things that are a process from reasoning to results.
Yang Hao made threatening behaviors, and the people around him felt threatened, so do you think he is threatening again?
"Ugh..."
Qi Huai'an sighed helplessly.
I have been a criminal lawyer for more than 20 years, and once again the judge doubted my professional level, and I had a little headache.
Really...
People just can't be compared, and the attitude of the judge last time was not like this...
Drive back to the hotel, park your car in the parking space in front of the hotel and get out of the car to enter the hotel.
took the elevator up to the third floor, stopped and knocked on the door of Li Chen's room when he came to the door.
"Knock knock~"
Li Chen was lying on the bed chatting with the big guy, when he heard a knock on the door, he put down his mobile phone, came to the door and opened the door.
"Lawyer Li, tomorrow morning at half past nine, the trial court will hold a pre-trial conference and conduct a mock trial in the courtroom, and Judge Wu asked me to convey it to you."
Li Chen nodded when he heard this: "Got it." ”
"Well, then you can get busy first."
After speaking, Qi Huaian turned his head and walked to his room, took out his room card and opened the door, Li Chen also closed the door, and lay on the bed again to pick up his mobile phone.
The person opposite was a big man, and Li Chen also met under the recommendation of the teacher.
As the best student of Kyoto University of Political Science and Law, I must have more resources at my disposal than ordinary people.
And Li Chen also shared his case with the behavior of Zhang San and Li Si to this big guy.
"The case you mentioned is just a hypothetical argument, and in fact, although Li Si has the means to threaten, he has no actual means against Zhang San."
"If a person is going to commit a crime, and everyone feels that he is going to sin, is he a criminal?"
Seeing this, Li Chen also began to make his own reply:
"Li Si's threat to Zhang San does exist, there is no doubt about that, right?"
"Threats don't equal facts, and he has more reasonable means of avoiding danger, doesn't he?"
"In a case like the one you mentioned, although Zhang San was defending himself, his means of defense clearly exceeded the limits of legitimate defense."
"You can't just because he feels that someone else is going to kill him, he has to take the first step to kill the other party, which does not meet the definition of the law."
"And legitimate defense is a measure to protect one's legitimate rights and interests from being infringed upon, and we must proceed from reality."
"In terms of behavior, Li Si threatened Zhang San, and in fact, Li Si was in the stage of preparing to commit a crime against Zhang San, but he did not carry it out, and the trial court could not agree with it."
"The definition of the law has to be adapted to the group of people, and this is the evolution of legitimate defense."
"The kind of threat theory you are talking about, once recognized, has a huge impact."
"What if someone uses this tactic to justify self-defense in the future? Is it acquittal or intentional injury? ”
Li Chen also nodded in agreement when he saw this.
This is the most critical point of the problem.
It cannot be ruled out that there will be people who take advantage of loopholes in the law.
After thinking briefly for a moment, Li Chen also began his reply:
"You're right, but don't you have to think about it when something happens?"
"And in this case, in fact, Zhang San and Li Si don't know each other, Li Si is also provoking Zhang San first, and although Zhang San fought back, he was stopped by the other party, and Li Si then used threats and other remarks to provoke Zhang San and force him to fight back, and Zhang San also apologized many times, but Li Si ignored it and continued to provoke."
"The role of the law itself is to protect natural persons, and the actions of third parties are uncontrollable, who can guarantee whether he really wants to kill the other party?"
"The law is a red line, and if a person who does not obey, ignores and provokes the law, how can we talk to him about the law?"
"From the facts, if Li Si didn't want to kill Zhang San, why did he keep provoking the other party?"
"Gu Yanyun: There are only three things, and Li Si is indeed as high as six times, if he doesn't have a certain purpose, how can he continue to provoke?"
"This is the impact of Li Si's purpose, if Li Si didn't threaten at the beginning, then Zhang San's behavior towards him is intentional harm, and it is precisely because Li Si's purpose is to kill the other party that Zhang San will use violent means to stop the other party from continuing to violate."
"So how can a counterattack with such a purpose be overly defensive?"
"You can send me the first-instance verdict directly, just listening to you say that I always feel that he is fighting back."
Seeing this, Li Chen smiled and began to type: "Roger." The text of the judgment was then sent to the other party.
"You can search for the verdict directly on the trial website."
"I think this case can also be used as a way of thinking to promote legitimate defense, after all, didn't your Ministry of Justice come out and speak out some time ago (smile)"
"I'll watch it first."
"Then you can get busy first, I'll go to bed first."
Seeing this, Li Chen put his mobile phone on the bedside table and prepared to wash and sleep.
Next.
Half past eight.
The alarm clock rang, and Li Chen woke up from his sleep and got up to wash.
After packing up, grab your defense draft and get ready to go.
Walk out of the room and knock on the door across the street.
"Knock knock."
The door of the room was opened, and Qi Huai'an walked out of the room with his things: "Let's go." ”
Then the door was closed, and the two of them got on the elevator together and prepared to go downstairs.
The pre-trial conference is an organizational procedure before the trial, and this pre-trial mock conference.
To put it bluntly, it is a kind of organizational rehearsal to prevent unexpected outfits during the trial.
And this mock meeting, which mainly revolves around Li Chen's defense draft, is the official line between him and the prosecutor.
Some things are simulated before the trial, and there will be no emergencies when it comes to the real trial...
The normal pretrial conference will not talk about the defense, and the reason why the defense is taken this time is mainly because Wu Lei is afraid that the prosecutor will not be able to answer, or say something inexplicable and wonderful to cause adverse effects.
After all, Li Chen's defense draft was full of pitfalls except for basic questions, and he was afraid that he would not be able to get off the stage.
At ten o'clock at nine, Li Chen and Qi Huaian entered the courtroom to wait.
At 9:20, Prosecutor Sun came to the courtroom with his own prosecution materials.
At this time, he was still smiling, completely unaware of the situation he was going to face...
To enhance the coolness, such things will not follow normal logic...
(End of chapter)