If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 240: Have money to hire a lawyer, but no money to pay off debts?

“Judge this court believes that what was written is the most”

After seeing the last paragraph, Ren Zhen was even a little doubtful. Cai Meijuan sent him this judgment. Is it true?

[Defendant Zhang Chi faced several hours of entanglement from four debt collectors and was unable to handle the conflict correctly.

He stabbed four people with a sharp knife, causing one death, two serious injuries, and one minor injury. His behavior constituted the crime of intentional injury. The public prosecutor charged the defendant Zhang Chi with the crime of intentional injury and was found guilty.

The defendant Zhang Chi committed the crime of intentional injury with serious consequences and should bear legal liability corresponding to the consequences of his crime.

In view of the fact that the cause of this case was that the victim gathered many people and adopted improper debt collection methods such as restricting other people's personal freedom, insulting and swearing at others, etc., the victim's debt collection behavior was at certain faults, and the defendant Zhang Chi could truthfully confess his crime, so he could be given a lighter punishment . 】

First of all, the court overall found that Zhang Chi constituted the crime of intentional injury. In fact, there was no problem, and it was consistent with the charging opinion of the public prosecution agency.

But the result is the result, and the process by which the judge derived this result is flawed no matter how you look at it.

Because stabbing others with a sharp knife caused corresponding consequences, it was determined that intentional harm was committed. This sentence is generally correct.

But what does it mean that Zhang Chi "cannot handle conflicts correctly"?

Ren Zhen really wanted to ask the judge who wrote the judgment face to face, if he were Zhang Chi, how would he handle the conflict correctly?

And because the consequences caused by Zhang Chi are serious, it seems to be consistent with the principle of commensurate with the crime. But behind the argument that Zhang Chi constitutes the crime of intentional injury, it seems that the consequences are serious, so Intentional injury.

"If I were a party involved, even if I didn't look at the facts of the case, I would definitely appeal just by looking at this judgment."

Ren Zhen said with emotion, "There is actually nothing wrong with the first-instance defense lawyer's point of view. If it were me, I would probably defend the case on the basis of excessive defense."

"Then shall we follow the defense opinion of the first instance lawyer?"

Ren Zhen shook his head: "No, we will fight as a not guilty plea."

"what?"

Chang Jiahang was a little confused: "Ren Lu, didn't you say that Zhang Chi's action was not self-defense?"

"Well, actually, I think it's okay to say it's an over-defense, and it's not impossible to say it's a positive defense."

Ren Zhen pondered: "However, the first-instance judge sentenced him to life without imprisonment. I think it is better to just treat him as self-defense.

Working hard for 100 points often only results in 80 points in the end.

If we use the defense of not guilty based on self-defense, the judge will be more cautious before making a decision.

If the members of the second-instance collegial panel are all relatively conservative in style, they may make a compromise and try to be overly defensive in the end. "

Before Ren Zhen received Cai Meijuan's commission, many netizens had paid attention to this case. After the verdict was officially announced, it directly aroused huge public opinion.

[To the judge: It is unacceptable that you found Zhang Chi guilty]

This is an article published by a local media official account. Within an hour after this article was published, two comment articles were released one after another, which was dubbed the "Three Cases of Insulting Mothers."

[To the law enforcement officer: You had a chance to save Zhang Chi and his son]

[To the deceased: Would you be happy if you knew Zhang Chi was sentenced? 】

After the three articles were published, the H City Intermediate People's Court, which made the verdict, was instantly involved in the whirlpool of public opinion.

"These three articles are quite high quality."

Ren Zhen just saw the title and was keenly aware of what these three articles wanted to express:

"Although not comprehensive, these three articles summarize the three issues that people now have about the verdict of Zhang Chi's case:

Isn't Zhang Chi's behavior considered legitimate defense?

On the day of the incident, did the law enforcement officer who came to the scene handle the incident improperly?

In judicial practice, is it really "whoever dies deserves justice"? "

"The first and third questions are actually the same issue. If Zhang Chi constituted legitimate defense, he would not be held responsible even if he dies. Otherwise, whoever dies would be justified."

Wei Yuanxu came to Ren Zhen's office to visit again, until Ren Zhen took another high-profile case, and he also helped analyze a few words:

“Although most ordinary people do not understand the law and cannot correctly and objectively judge whether the perpetrator constitutes legitimate defense, it is precisely because they do not understand the law that they can more easily assume the role of the perpetrator.

Let’s not talk about anything else, let’s just say that after calling the police, the law enforcement officers came to the scene of the crime, left a word and left. From Zhang Chi’s perspective, what role did the law enforcement officers play when they came to the scene?

If it were me, I wouldn't feel safe. Instead, I might feel greater danger.

Because the law enforcement officers don't care about anything after they come, will the four debt collectors become more perverted and bloody after the law enforcement officers go out?

If they hold me back and prevent me from going out to find law enforcement officers, will they inflict further and more serious abuse on me and Cai Meijuan because they are worried that I will go find law enforcement officers?

I think it is completely possible. In fact, this murder could have happened. If I were Cai Meijuan, I would definitely complain to the relevant departments and demand that the law enforcement officers who appeared on the scene on the day of the crime be dealt with seriously.

If she hadn't been stopped by someone when she was about to drive away, telling her that someone would be killed if she didn't care, I guess this law enforcement officer wouldn't have done anything to understand the situation and report it to the command center.

Isn't this just plain inaction? I think she has to thank the employee who stopped them from leaving, otherwise it would be even harder for her to explain after this happened. "

Although Wei Yuanxu does not handle criminal cases, his analysis is quite reasonable.

"By the way, if Zhang Chi is really convicted of self-defense, can an accompanying civil lawsuit still be filed?"

Wei Yuanxu suddenly thought of a question: "Du Jinliang is dead, but there are three people who are not dead. If we are convicted of self-defense, do we still have to pay for the medical expenses of these three people?"

"No need to compensate."

Ren Zhen shook his head: "The actions of Du Jinliang and the other three people are one and the same. If Zhang Chi's stabbing of Du Jinliang is finally determined to be self-defense, then his stabbing of the other three people is also self-defense.

Justifiable defense does not bear criminal liability, even criminal liability is gone, let alone the accompanying civil liability. "

"So you are still not guilty this time?"

Wei Yuanxu was a little curious: "The first trial is indefinite. If you plead not guilty, there will be a gap between the verdict of the first trial and that of the first trial."

"If you have nothing to do, could you please go out and care about other colleagues? I'm still writing something."

Ren Zhen was helpless and started to chase people away.

Court date.

The gate of Province C High Court was already surrounded by people. Seeing this situation from a distance, Ren Zhen quickly asked the driver to stop the car and got out of the car several hundred meters away.

If I were surrounded in the past, I'm afraid the court wouldn't be able to open on time. After contacting the judge, Ren Zhen and Chang Jiahang turned left and right and circled around the court before entering the court through an inconspicuous door.

At 8:58, Zhang Chi entered the court under the leadership of the bailiff.

Even if the auditors adopt the application approval system, the courtroom is packed at this time. You can imagine how much people are paying attention to this case.

A dozen bailiffs are distributed throughout the court, ready to assist the judge in maintaining order in the trial.

"In order to maintain court order and ensure the smooth conduct of the trial, the following court discipline is hereby announced."

“During the course of the trial, no one is allowed to record or video record without permission, is not allowed to move around the court at will, and is not allowed to make loud noises.

Everyone stands up and invites the presiding judge and judges to enter the court! "

Before the clerk finished speaking, the door of the courtroom was pushed open, and three judges entered the courtroom under everyone's gaze.

"Thank you, clerk. Everyone, sit down."

The judge takes his seat.

“The Intermediate People’s Court of H City, Province C, heard the case in which the Public Prosecution Court of H City, Province C, accused the defendant Zhang Chi of committing intentional homicide, and made a criminal judgment No. 20 of (20XX) H Xingchu Zi on X, March 122, XX.

Defendant Zhang Chi was dissatisfied and appealed. After review, this court believed that the first-instance judgment was indeed inappropriate and decided to open a trial for this case.

This court formed a collegial panel in accordance with the law, with myself, Ye Bingwen, as the presiding judge, and Gu Donggang and Zong Yijun as the judges, to hear this case in public.

Public prosecutors Liu Wenren and Tong Ancheng of the Provincial Public Prosecution Court of C appeared in court to support the prosecution. Defendant Zhang Chi in the first instance, defendants' attorneys ad litem Ren Zhen and Chang Jiahang, victims in this case Li Fujun, Yan Zhaosheng, Guo Tianming, and family members of victim Du Jinliang in this case attended the court.

Appellant Zhang Chi, did he apply to recuse himself from the relevant persons in the court? "

Ye Bingwen's majestic eyes scanned the audience and announced the start of the trial.

"Do not apply for recusal."

Zhang Chi is only in his twenties, with a shaggy beard on his young face. It is obvious that he is not having an easy time in the detention center.

"On the side of the victim and the victim's family, do you want to apply for recusal of relevant personnel in the court?"

Ye Bingwen looked at the group of people here.

"Don't apply."

"Judge, just sentence him to death. We will not apply for recusal!"

The three Li Fujuns were still injured and shook their heads feebly. The other woman looked at Zhang Chi with resentment on her face and told the judge her appeal. She was Ma Mengyun, the wife of the deceased Du Mingliang.

"Okay, since we don't apply for recusal, our trial will officially begin today."

Ye Bingwen directly ignored Ma Mengyun and pretended not to hear him: "The appellant will submit his appeal."

Ren Zhen stood up under the complicated looks in the eyes of several defendants.

They knew that Cai Meijuan had hired a very powerful lawyer for Zhang Chi, and they looked at Ren Zhen with very unkind eyes.

Mad, you have money to hire a lawyer, but you don’t have money to pay us back, right?

If we pay back the money early, will we have to chase the debt all day long?

“As for the facts of this case, the appellant has no objection to the facts found by the court of first instance and will briefly state them here.

At about 20:4 in the afternoon on April 16, 16XX, Du Jinliang, Li Fujun, Yan Zhaosheng, and Guo Tianming came to Cai Meijuan's company to demand payment, openly blocked the company's door, and started barbecuing and drinking on the spot.

At about 20 o'clock on the same day, Cai Meijuan and Zhang Chi came to the company, and were taken to the reception room on the first floor of the office building by four debt collectors. Two employees of the company came to the reception room with Zhang Chi and Cai Meijuan, but these two employees As soon as I entered the reception room, I was kicked out.

In the reception room, Du Jinliang and others first took away the mobile phones of the appellant Zhang Chi and Cai Meijuan, so that they could not contact the outside world. They also insulted, threatened, and exposed their promotion tools to Cai Meijuan and Zhang Chi.

At 22:03 that night, company employees called the police. Law enforcement officer Wang Yajun arrived at the crime scene with two auxiliary police officers at 22:13. After briefly understanding the situation at the crime scene, he said, "Don't hit people when you want money, please talk to them." 'After that, he left the reception room with the two auxiliary police officers.

After leaving the office building, Wang Yajun and the three wanted to drive away directly, but they were stopped by employees at the venue. The employees told them, 'If you don't care, someone will die.' Wang Yajun said, 'Why are you telling me this?' and got out of the car. , and began to understand the situation with informed employees.

During this period, Zhang Chi in the reception room wanted to rush out to find the law enforcement officers. He was blocked by many people and picked up the knife on the table. During the conflict, he stabbed four victims. After the law enforcement officers returned to the reception room, Zhang Chi said, "You let me When they get out, I'll give you the knife'.

After the others left, Zhang Chi handed the knife to law enforcement officers and was taken away on the spot. "

After the case was finished, Ren Zhen glanced at the first row of the auditorium, where a pale-faced young woman sat. Although she was dressed in casual clothes, Ren Zhen knew that she was Wang Yajun.

During the first trial, whether it was the defender or the prosecutor, or in the judgment issued by the judge, the name Wang Yajun did not appear directly, and was mentioned briefly throughout the entire incident.

However, as public opinion has fermented, from the end of the first-instance verdict to the opening of the second-instance trial today, Wang Yajun's behavior has been focused and magnified by countless eyes. Today, she is here not only as a witness in this case, but also with the task of her unit asking her to cooperate well.

Just thinking about what kind of treatment she will face after the second trial is over, Wang Yajun already feels suffocated.

“The appellant has no objection to the facts found in the first instance, but believes that there is a situation that needs to be clarified, and hopes that the court will recognize it after studying the situation.

The cause of this case was that Cai Meijuan borrowed money from Du Jinliang and others and was later unable to repay the debt, which triggered debt collection.

The first-instance judgment did not find that Du Jinliang, Li Fujun, Yan Zhaosheng, Guo Tianming and others violently collected debts and adopted illegal restrictions on their freedom to collect debts. On the day of the incident, they even insulted and beat the appellants Zhang Chi and Cai Meijuan.

Although the above facts are not directly related to the appellant Zhang Chi's stabbing of several defendants, they are of great help in determining the appellant's subjective malignancy and in making some findings based on the facts of the entire case. The collegial panel is requested to recognize it. "

After hearing Ren Zhen's additional comments, Li Fujun, Yan Zhaosheng and Guo Tianming lowered their heads subconsciously.

They knew exactly what they were doing.

Ren Zhen pointed out in front of so many people in front of the judge that although there was no accusation, a casual thought revealed that what they were doing was shady.

I should have known better to bring a mask.

(End of this chapter)