Lawyer

Chapter 662 Special Justified Defense
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.

"Defendant Ren Yujiang, what did the victim do after he came to your restaurant on the day of the incident?" the prosecutor asked.

"They brought five or six people to the restaurant and asked me to set up a banquet for him to make amends. They also threatened me that if I didn't set up a table to make amends, they would come to the restaurant every day to make trouble and make me unable to do business." Ren Yujiang looked at the inspector and replied.

"How did you respond to the victim's request?" asked the prosecutor.

"I didn't agree, and then I took out my mobile phone and told them to call the police if they make trouble again," Ren Yujiang said.

"Did you call the police?" the inspector stared at Ren Yujiang and asked.

"At that time, Xiang Huai suddenly took a watermelon knife and slashed at me. Before I had time to call the police, I started fighting with him." Ren Yujiang said calmly, looking at the floor in front of him.

"Where did you get the sharp knife in your hand?" the inspector asked.

"I took it from the back kitchen. I was in the back kitchen at the time, and the waiter told me that Xiang Huai was making trouble again. I was afraid of accidents, so I took a sharp knife." Ren Yujiang told the truth without any concealment.

"What accident are you afraid of?" the inspector asked.

"Because Xiang Huai and Che Yong came to the store to cause trouble once before, and I beat them away. This time they brought people and guys here, and I'm afraid that if they fight, I will lose money." Ren Yujiang explained.

"What did you do after you were hacked?" asked the inspector.

"I was slashed twice, so I was anxious at the time, took out a sharp knife and stabbed Xiang Huai, he slashed me, I stabbed him, and then the two of us became entangled.

At that time, when Che Yong saw that we were fighting, he hit me with a wooden chair in the store, and I dodged and stabbed him backhand..." Ren Yujiang recounted the situation at that time.

"After you put Xiang Huai under your body and controlled him, did you continue to stab him with a sharp knife?" the inspector continued to ask.

"Although I pressed him to the ground and pressed him with my body, his hands were not idle and kept cutting me with a watermelon knife, so I also stabbed him with a sharp knife. Until I put the watermelon knife in his hand Take it, the police will come." Ren Yujiang argued.

"Judge, the public prosecutor is done questioning." After the prosecutor finished speaking, he looked at the presiding judge.

"Then the defendant's defender will ask the defendant questions?" After the presiding judge finished speaking, he looked at Fang Yi calmly.

"Defendant Ren Yujiang, on the day of the incident, why did the victims Xiang Huai and Che Yong come to your store to make trouble?" Fang Yi asked.

"Xiang Huai owed me food money in the restaurant, and later he came to the restaurant to eat again, and I asked him for money. He felt that I had disgraced him, so he hated me. A few days later, he brought Che Yong to the restaurant to make trouble. Driven away by me.

On the day of the accident, in order to retaliate against me, he found a group of people to come to my store to make trouble, and wanted me to set up a table to apologize to him. "Ren Yujiang said.

"Why didn't you call the police as soon as you learned that Xiang Huai had brought someone into the store?" Fang Yi asked.

"I feel that calling the police may not solve the problem. There are many such things on the ground. For example, diners get some worms to steal some money from the dishes. It is best if the two parties can reconcile. After all, the police station is not run by our family. Yes, and we are in the catering business, there is no way to prevent it, and there is no need to call the police unless it is absolutely necessary." Ren Yujiang explained.

"You didn't agree at the time, who made the move first?" Fang Yi continued to ask.

"At that time, I was afraid that they would smash things in the store and hurt people, so I took my mobile phone and prepared to call the police when we didn't agree, but I didn't expect that Xiang Huai would suddenly chop me with a watermelon knife. Xiang Huai did it first." Ren Yujiang said .

"After you snatched Xiang Huai's watermelon knife, did you stab him or chop him with the knife?" Fang Yi asked.

"No, I had just snatched the watermelon knife when the police arrived. I was already out of strength at the time, and I was able to bear it all with one breath. I didn't stab Huai again. Later, I was pulled aside by the police and waited for the ambulance." Ren Yujiang said .

"Presiding judge, the defender has finished questioning." Fang Yi said.

Since a defense of innocence is to be made, there must be a factual basis and a legal basis, and the facts of the case are the basis, so Fang Yi wants to ask several key points.

"The next step is to present and cross-examine evidence. Do the prosecutors, defenders, and defendants have any new evidence to submit?" asked the presiding judge.

"No." The three parties all replied.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. "The presiding judge said routinely.

"Presiding judge, judge: ... the public prosecutor believes that after learning that the victim brought people to the restaurant, the defendant immediately realized that the two sides could not reach an agreement and might fight, so he took a sharp knife from the back kitchen to prepare. It can be seen that the defendant had the intention to fight subjectively, and had prepared for the fight objectively.

Afterwards, the negotiations between the two parties broke down. Although the victim, Xiang Huai, struck the defendant with a watermelon knife first, the defendant was also prepared and immediately took out a sharp knife to fight back. During the fight, the defendant stabbed the two victims to death until the police came to the scene. Control the accused.It can be seen from this that the defendant took a laissez-faire attitude when he committed the above-mentioned fighting behavior, and his behavior directly caused the serious consequences of the deaths of the two.

The public prosecutor believed that the defendant constituted the crime of intentional homicide. Considering that the victim also had certain faults, he suggested that he should be sentenced to death with a two-year reprieve.complete. "After the prosecutor finished expressing his opinion, he glanced at Ren Yujiang sitting in the dock. The latter was obviously startled, but there was not much emotion on his face.

……

"The defendant's defender made his defense opinion." After the defendant made his own defense, the presiding judge continued.

Fang Yi organized the speech and said: "Presiding judge, judge: the defender believes that the defendant Ren Yujiang did not commit a crime, but constituted a special self-defense. The reasons are as follows:
According to the third paragraph of Article No. 20 of the "Criminal Law", taking defensive actions against ongoing assaults, homicides, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety, causing casualties to unlawful offenders, is not a defensive act. Excessive, not criminally responsible.

The purpose of the above provisions is to enable law-abiding people to take defensive actions in the face of violent violations that seriously endanger their personal safety, without having to worry too much about the means and results of defense.

The purpose of the legislation is to encourage the masses to fight against violent crimes that seriously endanger the personal safety of citizens, promote righteousness, and deter crimes.

The provisions of this paragraph are different from general justifiable defense and are called 'special justifiable defense', also known as 'non-excessive self-defense'.

The premise of special self-defense must be a violent crime that seriously endangers the personal safety of citizens.For example, crimes such as murder, murder, robbery, rape, kidnapping and other crimes listed in the above clauses. "

(End of this chapter)