At 9:28, Judge Wu Lei and a collegial panel composed of two other judges entered the courtroom together.

When Prosecutor Sun saw him walk into the courtroom, he also put away his smile and looked at the judge with Li Chen and Qi Huai'an.

Sitting in the position of the presiding judge, Wu Lei glanced at the positions of both sides and said: "I called you over today to hold a pre-trial mock conference, mainly around the content of the two parties' defenses to conduct a mock trial, and the basic process is also skipped, and directly enter the defense link." ”

Wu Lei took Li Chen's defense draft and looked in the direction of the two: "In order to save time, Lawyer Qi, don't say it, Lawyer Li, you can directly say your defense opinions." ”

Qi Huai'an couldn't help but twitch the corners of his mouth slightly when he heard this.

So I'll go?

Li Chen nodded when he heard this: "Okay." Then he looked at the prosecutor: "For this incident, I have four main defense opinions.

First, Yang Hao's behavior.

In the bar, Yang Hao first deliberately provoked Liu Xiaohui with an ashtray, and then because Liu Xiaohui was ready to fight back, he thought it was another provocation to himself, thus increasing the provocation of Liu Xiaohui, and threatened others with a wine bottle not to meddle in their own affairs, and his own threatening means seriously threatened others who wanted to stop the conflict and Liu Xiaohui himself.

Second, Liu Xiaohui's counterattack.

The first time he fought back, it did not meet the judicial definition of legitimate defense, and Liu Xiaohui was also dissuaded by his friends, and after the wine bottle was taken down, he took the means of apologizing and admitting his mistake to resolve the conflict, but Yang Hao kept threatening and provoking him with words, and his counterattack was justified defense.

Judging from the other party's purpose and aggressive means, his defensive measures were not improper and crossed the line, because Yang Hao's purpose was to carry out the infringement with the attitude of wanting to kill Liu Xiaohui. ”

"How are you sure that Yang Hao is planning to kill Liu Xiaohui?"

Hearing this, Inspector Sun couldn't help but speak: "Because judging from the facts, although Yang Hao threatened, he didn't have any actual operation, and he didn't take the initiative to attack."

According to the comprehensive judgment of the surveillance video and other people's reactions, although Yang Hao was at fault first, his follow-up actions were also caused by Liu Xiaohui's improper actions. ”

Li Chen didn't reply when he heard this, and looked at the judge with a puzzled look.

Didn't follow the normal debate procedure?

"Mock defense before trial, you can freely defend yourself."

Li Chen nodded when he heard this: "Okay, judge." ”

looked at the prosecutor, pushed his glasses and put down the defense draft in his hand, and then said: "A matter must have a process from the cause to the effect.

The main reason for this case is that Yang Hao deliberately provoked first, and first smashed Liu Xiaohui with something, and he was at fault.

And Liu Xiaohui's counterattack can also be inferred that he drank too much, or the young man was angry, but wasn't he stopped in the end? ”

"Stopping his behavior doesn't mean that his influence has been removed."

Inspector Sun took over again: "Because Yang Hao thought that Liu Xiaohui was provoking him at the beginning, he would have the next move." ”

"Then you mean that Liu Xiaohui is also at fault because of the counterattack?"

Hearing this, Li Chen looked at Inspector Sun with a serious face and said, "Then in the face of the arrogant Yang Hao's behavior, he should apologize at that time, right?" ”

"I'm not saying that Liu Xiaohui is at fault, but I'm just explaining the whole case.

Judging from the facts, it is precisely because of Liu Xiaohui's knee-jerk actions that in Yang Hao's eyes he continued to provoke, that follow-up things happened, didn't he? ”

Inspector Sun looked at Li Chen: "We didn't say that Liu Xiaohui's behavior was not legitimate defense, but only because his defense means exceeded a certain amount."

And your argument is practically non-existent. ”

"Why doesn't it exist?"

Li Chen opened his mouth when he heard this: "Subjectively speaking, Yang Hao's behavior is indeed a threat to Liu Xiaohui, and he has always wanted to avoid the threat, objectively speaking, Yang Hao's behavior is also a threat.

We can see this from other people as well, don't we?

You can't deny the fact that Yang Hao didn't implement it, right? ”

"I don't deny the facts you said, but in the case as a whole, from the outbreak to the end, Liu Xiaohui has always been the active party, and the other party has no power to fight back, that is, in this case, Liu Xiaohui also stabbed Yang Hao with a beer bottle, causing the other party to die of hemorrhagic shock, then his behavior is an intentional injury of excessive defense."

"Isn't the reason why Liu Xiaohui did this because the other party's words and deeds have threatened his personal safety?"

Li Chen looked at the prosecutor and excused himself and said: "If the other party didn't open his mouth and shut up and wanted to kill Liu Xiaohui, then his reaction was to defend too much, that is, to use the so-called legitimate defense to kill Yang Hao."

So it is not an exaggeration to characterize this behavior of his as murder, and what are the facts?

Yang Hao made provocative remarks, using threatening words to restrict Liu Xiaohui's freedom, so that the real fault of the whole incident was reversed.

Liu Xiaohui, who was not at fault, had to apologize with a smile and beg to be let go in order to ensure the safety of his life.

In the face of such a situation, his counterattack was clear from the beginning, and Yang Hao did not fight back against Liu Xiaohui's behavior, which increased Liu Xiaohui's inner fear, so he made a move to stab him. ”

"The behavior and purposefulness you are talking about is only a hypothetical definition, and cannot be used as the main basis for what happens in reality."

"We can't judge whether a person is a threat or not based on our imagination."

"What I am talking about is not a hypothesis, it is also real in the case, and it is an inductive basis for judgment that can be cleared by other natural persons."

Li Chen continued to take over: "From the owner of the bar to the friends on both sides, you can determine the fact that the other party is dangerous, if this is not the case, why did Yang Hao raise the wine bottle The moment Liu Xiaohui's friend retreated and didn't dare to care?"

If my hypothesis doesn't really exist, then from the friends on both sides to the owner of the bar, should be co-offenders.

The most basic one, before the outbreak of contradictions between the two sides, there were obvious behaviors to stop the contradictions, but after the outbreak they all sat aside and ignored them, strictly speaking, the conflict between Liu Xiaohui and Yang Hao was also the result of the tacit consent of both of them.

The owner of the bar, who did not come forward to stop the conflict after the conflict, bears the main management responsibility, and did not take rescue measures after the incident, which is inseparable from Yang Hao's death from hemorrhagic shock.

Please note that the real cause of Yang Hao's death was hemorrhagic shock rather than direct death, and after the case, Liu Xiaohui, his friends on both sides, and the owner of the bar, were all in a calm state, no different from seeing death and not saving him. ”

Li Chen stared at the prosecutor and said, "As for the responsibility of other people, didn't your local prosecutor's office also have a clear division, and also determined that Yang Hao was threatening?"

Otherwise, why not sue together, but take different measures?

The owner of the bar was only given a police penalty, and the others were also used as witnesses in the case.

If there is no threat, then how can they sit on the witness stand? ”

Hearing this, Prosecutor Sun looked at Judge Wu Lei on the trial seat and sent a signal for help.

Seeing this, Wu Lei immediately looked down at the evidence next to him for correspondence.

Well......

That's exactly what happened...

That's the end of the case.,Don't write it later.,The next chapter is over.,I really don't understand.,It's called water if it's written in detail.,It's called anticlimactic if it's not detailed.

(End of chapter)