After reading Li Chen's reply, Judge Jiang also had a rough idea in his heart.

To be honest, after so many years as a judge, it was the first time he had seen such a reply.

In the past, the direction and core of the defense have always revolved around the relationship between the victim and the defendant...

He's this...

It's a bit of a scoundrel, and it's just shirking responsibility.

You see this, you don't care, it's guilty, and they are accomplices, it's a cover-up crime...

"You're a law scholar and a graduate of Kyoto University."

Judge Jiang looked at Li Chen with a serious face and asked, "As for the third point in your defense opinion, do you think it is appropriate for Cao Wei to say that others are not helping to stop it?" ”

There is no legal requirement to enforce others, and although it does not meet moral standards, it cannot be called a crime.

Judge Jiang wanted Li Chen to revise his pleadings.

In order to help others get rid of their crimes, forcibly classifying other people's actions as illegal and criminal crimes is itself a violation of the bottom line of the law.

Someone else took a look at the excitement and didn't come forward to stop it, is it a crime?

You can't count it that way.

According to your thinking logic, Cao Wenbin's success in committing murder is also the result of the indulgence of others?

Because there were also people who watched the excitement in the process of his murder, from your theoretical point of view, it was precisely because others did not stop Cao Wenbin that Cao Wenbin's murder was successful...

"Why isn't it appropriate?"

Hearing this, Li Chen opened his mouth to explain: "Let's start with the case.

At the beginning of this case, Cao Wenbin was not at fault, right?

There are two reasons why he killed with a knife.

In the first case, the other four committed acts of aggression against his wife.

The four groomsmen committed indecent acts against Cao Wenbin's new wife Wang Yaoyao because they drank too much, and several of them wanted to force Wang Yaoyao.

In other words, their actions were illegal and criminal from the beginning.

And Cao Wenbin, as Wang Yaoyao's husband, took persuasion before he took the knife, which can be seen from the confessions of other people on the wedding day.

In the face of Cao Wenbin's persuasion, several other people not only did not stop, but beat Cao Wenbin with the strength of alcohol. ”

Speaking of this, Li Chen looked at Judge Jiang with a serious face and said, "Regarding this, other people also admitted in their injured confessions that they drank too much to behave like this.

I don't think our law enforcement units can ignore the main role they play in the case and ignore the facts of their crimes because they drink too much.

Can you do whatever you want if you drink too much, and can you violate women if you drink too much? I guess not, right? ”

"The second factor is the behavior of others.

At the time of the incident, multiple persons were present.

And they turned a blind eye to the illegal actions of the other four, leaving Cao Wenbin alone.

In the case, Cao Wenbin was beaten by several men on the grounds that Cao Wenbin had prevented their criminal acts.

At this moment, Cao Wenbin's behavior is not a crime, he is still a victim, and what really constitutes a crime is not his act of returning to the kitchen to get a knife.

I would like to ask you, Judge Jiang. ”

"In the face of the four-person assault, Cao Wenbin is not the opponent of others, is it wrong for him to use a knife to stop others from committing crimes? Is there any rule in the Dragon Kingdom that clearly states that victims cannot use knives to protect themselves? ”

"If other people don't drink and make trouble, then Cao Wenbin can't go to the kitchen to get a knife, right?"

"There is nothing wrong with saying this, but in Cao Wenbin's confession, he admitted that he was angry in the process of holding the knife, which also shows that he does not have a defensive purpose."

Hearing Judge Jiang's inquiry, Li Chen couldn't help frowning and asked, "Judge Jiang, Cao Wenbin is a person, he has his own seven emotions and six desires, and he has his own judgment of right and wrong.

What was the cause of the crime?

Others wanted to violate his wife, Cao Wenbin was useless to dissuade and was beaten by four people, in this case, shouldn't he be angry?

If he laughs and doesn't do anything, isn't that the real problem?

In the face of others violating his wife, he ignores his husband and lets others toss him casually, then he must be unqualified as a husband, because he ignores others who violate his wife, and he is not worthy of being someone's husband. ”

"You mean, Cao Wenbin should use a knife to hack the others to death?"

Hearing this, Judge Jiang opened his mouth and asked Li Chen, and Li Chen said with a serious face: "If this happened to you, what should you do?" ”

Hearing this, Li Chen opened his mouth and asked: "You have always thought that Cao Wenbin's behavior was intentional injury, okay, then it should be counted as intentional injury, but you must always give a reasonable method, right?"

In the face of others wanting to force their wives, others did not help stop them, as a party who wanted to dissuade but was beaten by others, what do you say Cao Wenbin should do to make law and morality take into account each other? ”

Judge Jiang couldn't help but twitch the corners of his mouth slightly when he heard this.

Good guy, what should you do if you ask me what to do?

"Others shouldn't be treated as criminals, right?"

Judge Jiang couldn't answer this question, and he didn't want to continue to entangle, so he could only shift the topic to his defense opinion.

"If it is said that it is simply not to prevent crime, it is indeed not a crime, because there is no relevant law in our country that requires other people to act bravely."

Hearing the other party's inquiry, Li Chen also gave his own explanation: "In the case, not only did other people not stop others at the time of the crime, but after the case, they were unwilling to be witnesses to explain the true situation of the case, isn't this just covering up the crime?" ”

"There are only two possibilities in the case, the first is that Cao Wenbin is lying, he fabricated the facts of the case, has a grudge against the best man, deliberately finds a reason to use it to cover up his motive for committing the crime, and cuts someone with a knife on the wedding day, which is intentional homicide.

Second, Cao Wenbin did not lie, and the real reason for the case was what he said.

Regardless of either way, the actions of those who are unwilling to testify are crimes of abetment. ”

Judge Jiang fell into deep thought when he heard this.

Criteria for determining the crime of abetment:

1. The object of the infringement is the normal criminal litigation activities of the judicial organs;

2. Objectively manifested as harboring or shielding the offender;

3. The subject is a natural person who has reached the age of 16 and has the capacity for criminal responsibility;

4. Subjectively it must be intentional.

criminal law

Article 310

Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to shield him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment. Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

From the analysis of the other party, it seems that it is also in line with the perception of the law.

First, their reluctance to testify affects the normal criminal proceedings of law enforcement agencies.

If they testify, they can prove the truth of Cao Wenbin's case.

Whether or not it is justified defense can be answered through the confessions of others.

Objective performance can also constitute a cover-up crime......

"Okay, I know your reply, you can go back first."

For now, he was convinced.

No matter how specific it is, it depends on the battle between him and the district prosecutor's office after the trial starts...

(End of chapter)