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

Chapter 242 What is murder?

"Go on."

At Ye Bingwen's signal, Ren Zhen continued.

“Again, from the perspective of defense time, Zhang Chi carried out the attack in response to the ongoing illegal infringement.

Defense should be within an appropriate time, which is the temporal condition of legitimate defense.

In this case, the law enforcement officer's departure from the reception room was an important turning point.

The appearance of law enforcement officers should have eased the incident to a certain extent. At least there would not be too violent conflicts at the scene. However, according to the evidence in the case, we can see that Du Jinliang and other four victims were not only responsible for the illegal infringement of Zhang Chi and Cai Meijuan. It did not stop because of the appearance of law enforcement officers, and even escalated further, starting to push Zhang Chi to the corner of the reception room.

During the pushing process, there were also acts of neck-locking and shoulder-pressing. At this time, Zhang Chi was in a more isolated and helpless situation than before.

The first-instance judgment held that there was no urgency of defense in Zhang Chi’s stabbing behavior. This view failed to realize that the conflicts at the scene were actually intensified at the time of the crime. It did not take a comprehensive and holistic view of the facts of the entire case, resulting in a failure to determine the facts. not comprehensive.

When Zhang Chi stabbed with a knife, the actual risk of illegal infringement not only existed, but was also in the process of increasing. The danger Zhang Chi faced continued to increase. Therefore, Zhang Chi's defensive behavior as a whole should be timely and consistent with legitimate defense. time conditions. "

Just as to whether Zhang Chi's stabbing behavior was defensive in nature, Ren Zhen discussed it in such detail that both the judge and the prosecutor had already heard that Ren Zhen analyzed Zhang Chi's behavior one by one based on the five basic elements of legitimate defense. Defensive nature.

“Finally, from the perspective of the defense targets, Zhang Chi’s stabbing behavior was only aimed at the illegal offenders, that is, the four victims in this case.

Actual legitimate defense against the person who unlawfully infringes the law is the object condition of legitimate defense.

In this case, the four people Zhang Chi stabbed with a knife included Du Jinliang, Li Fujun, Yan Zhaosheng, and Guo Tianming. According to the evidence in the case, we can know that these four people were involved in the illegal debt collection and illegal detention of Zhang Chi and Cai Meijuan.

Therefore, based on the humiliation, detention, and beating of Zhang Chi’s mother and son by the four victims, it can be determined that the four victims were illegal intruders. The target of Zhang Chi’s defensive behavior was correct and met the conditions for legitimate defense. "

As soon as the defense target came up, the four of them, Li Fujun, became even more unable to sit still.

Although Ren Zhen repeatedly mentioned that they were victims, what does it mean that "the victims are the unlawful intruders"? Isn’t this pointing at the nose and scolding us?

But having just been reprimanded by the judge, a few of them could only curse Ren Zhen secretly in their hearts, but they did not dare to do it again in court.

“The final defense outcome should involve discussions on other legal adaptations, so I won’t go into too much detail here for the time being.

Based on the above analysis of Zhang Chi’s defense intention, defense cause, defense time and defense object, the appellant believed that Zhang Chi’s stabbing behavior should be defensive in nature at the time of the incident. "

After finally finishing speaking, Ren Zhen sat down. On the prosecution stand, Liu Wenren looked at Ren Zhen with some resentment and stood up reluctantly.

You have analyzed so much, how many words do you have left for me to say?

But if I don't say anything, wouldn't it look like I'm a very incompetent prosecutor?

"Prosecutor, let's begin."

Ye Bingwen was carefully analyzing Ren Zhen's opinions just now, without even raising his head.

“As to whether Zhang Chi’s stabbing behavior with a knife on the day of the incident was defensive in nature, the prosecutor’s opinions are as follows:

Based on the existing evidence and identified facts, it can be determined that a few hours before the incident, Du Jinliang and four others illegally detained Zhang Chi and Cai Meijuan, which restricted their personal freedom. They also insulted and slapped and pushed Zhang Chi. , neck sticking and other physical behaviors.

When the law enforcement officers arrived at the scene and left, when Zhang Chi and Cai Meijuan wanted to follow them out of the reception room, Du Jinliang and others immediately stepped forward to prevent them from leaving, and pushed, pulled, and contained Zhang Chi.

After Zhang Chi touched the sharp knife from the table and warned him, Du Jinliang and others still made provocations and continued to approach. For Zhang Chi, the unlawful infringement required for self-defense existed objectively at this time, and is ongoing.

Zhang Chi stabbed the four victims with a knife as a last resort when his personal safety faced real threats. Moreover, the targets he stabbed continued to move forward to block him even after he issued a warning with the knife. person, so it can be determined that Zhang Chi’s behavior was to prevent illegal infringement.

Therefore, the first-instance judgment determined that Zhang Chi’s stabbing of the four victims did not constitute unlawful infringement in the sense of self-defense. This determination was obviously wrong.

In summary, the prosecutor believes that Zhang Chi’s behavior on the day of the incident was defensive in nature. "

The analysis opinions prepared by Liu Wenren were not short in nature, but most of them were the same as Ren Zhen's views. He simply condensed them and reiterated the key points.

Anyway, Ren Zhen and him had the same opinions, so there was no need to worry too much about the expression. There was no dispute between them, and the judge would most likely follow suit.

What, you said there is still a victim?

If it were another case, the judge might have listened to what they had to say, but in today's court hearing, the judge probably didn't even bother to listen to a single word from them.

"Victim, this is your side."

Although he knew that they could not offer any constructive suggestions, Ye Bingwen still had to follow the procedure and let Li Fujun and others express their opinions.

"His behavior must not be defensive in nature!"

Ye Bingwen was interrupted before he finished speaking, and his face darkened suddenly.

"My husband is dead, how could this damn little brat be defending himself? He just went to kill my husband!"

Ma Mengyun howled and collapsed on an unknown person next to him: "What a stupid murderer!

We have seniors and juniors here, how are we going to live as a family? "

"The victim's family should control their emotions."

Ma Mengyun was not the victim, but she was the only family member of the deceased. Although she felt speechless, Ye Bingwen had no choice but to say this.

"Victims, please discuss it here. If you have any objections, please tell us. If you don't have any objections, we will continue."

Ye Bingwen became a little impatient when he saw that Ma Mengyun had been howling for a long time without squeezing out a single tear.

“There are opinions and there are opinions.”

Li Fujun stood up quickly: "Judge, when Zhang Chi got the knife, none of us had anything in our hands.

We also said that the knife was dangerous and asked him to put it down quickly, but he didn't listen.

I saw Lao Du suddenly squatting down, holding his stomach. I quickly moved forward to take a look, and he stabbed me with a knife. Could this be defensive in any way?

He just wants to kill us! He should be sentenced to death for intentional homicide! "

"Your opinion is that you didn't use tools. Zhang Chi used the knife first, right?"

"Yeah."

Seeing Li Fujun nod, Ye Bingwen said indifferently: "Secretary, just record it as I say."

“The second question regarding the application of law is whether the behavior of the appellant Zhang Chi should be deemed as special defense.

It is better for the appellant to express his opinion first. "

Ren Zhen stood up with a calm expression, but his heart felt a little heavy.

From the moment he knew that the prosecutor also believed that Zhang Chi's behavior was defensive in nature, Ren Zhen knew that Zhang Chi's case would at least not be sentenced to life imprisonment in the first instance. At the very least, it was an excessive defense. But the most critical issue is whether it can be justified as self-defense and Zhang Chi can be completely innocent.

“According to the provisions of Paragraph 3 of Article 20 of our country’s Criminal Law, taking defensive actions in response to ongoing murders, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety, resulting in casualties and casualties of unlawful infringements, does not constitute defense. If it is excessive, you will not be held criminally responsible.

We have just discussed whether Zhang Chi's stabbing behavior was defensive in nature. The appellant and the prosecutor have reached an agreement on this point. So whether Zhang Chi's subsequent behavior can constitute special defense depends on whether the behavior of the four victims in this case is Violent crimes under this provision. "

Ren Zhen glanced at Li Fujun and the four others, which made them very unhappy and also felt a little guilty.

Although they are the so-called victims, they know very well that what they did is absolutely not allowed by the law. Now everyone's attention is focused on Zhang Chi's murder. Will the law enforcement agencies investigate them later? I was playing drums.

Now that Ren Zhen said this, they immediately panicked.

“According to the provisions of the law, murder, robbery, rape, and kidnapping are obviously inconsistent with the behavior of Du Jinliang and others.

Then only committing murder is left. Our country’s existing laws do not have a very clear provision or detailed explanation for the word committing murder. However, combined with Article 20 of the Criminal Law, several other behaviors that are juxtaposed with committing murder have common characteristics. All of them seriously endanger the personal safety of the parties concerned.

Therefore, the appellant believes that the behavior of Du Jinliang and other four victims on the day of the incident should be combined to determine whether their behavior seriously endangered the personal safety of the parties involved, and whether Zhang Chi constituted special defense. "

Ren Zhen spoke very slowly. Although he had thought about the wording in advance and made an outline in writing, at this moment, he still thought in his mind while speaking to prevent inappropriate words:

"Du Jinliang and four others began to violently collect debts from Zhang Chi and her son the day before the incident, and even illegally detained and humiliated them on the day of the incident.

Based on the circumstances of the entire case, the appellant believed that the debt collection behavior of Du Jinliang and the other four victims was as dangerous as murder, robbery, kidnapping and other acts, and had seriously endangered the personal safety of the parties involved.

Therefore, Zhang Chi's stabbing behavior should be regarded as special defense. "

To commit murder?

When he first heard this word, Liu Wenren was somewhat surprised.

The circumstances of this case are obviously inconsistent with what is usually considered a murder. Is this lawyer so bold?

"Prosecutor, it's your turn."

Ye Bingwen obviously also doubted Ren Zhen's views. While indicating that Liu Wenren could start, two of his colleagues had already started discussing in a low voice.

“The legal provisions mentioned by the appellant’s defense lawyer are correct. Citizens do have the right to carry out special defense for ongoing violent crimes such as assault and homicide that seriously endanger personal safety.

However, there are no prerequisites for the application of special defense in this case.

Although Du Jinliang, Li Fujun and others violently collected debts from Zhang Chi and Cai Meijuan, and there were other improper actions in the process, their actions were not enough to cause serious harm to Zhang Chi and Cai Meijuan, let alone endanger the lives of Zhang Chi and Cai Meijuan. Personal safety.

Du Jinliang and others collected debts several times before the incident, and each time the methods were similar to those on the day of the incident. No one was ever injured. What's more, after law enforcement officers arrived at the scene, Du Jinliang and others further executed Zhang Chi's mother and son. Infringement is less likely.

Therefore, the prosecutor believes that although Zhang Chi's stabbing behavior has a certain defensive nature, it does not meet the constituent elements of special defense and cannot be recognized as special defense. "

Well, I thought so too.

Ye Bingwen nodded secretly, then turned around helplessly.

"Victims, please tell me your opinions. Keep it simple. Only those related to special defense. Leave any other objections for later."

Li Fujun and others looked at each other, but no one stood up.

"Hurry up and say it. Didn't you agree that you will be the representative in court?"

Yan Zhaosheng pushed Li Fujun.

"I didn't know there was such a problem."

Li Fumin muttered something in a low voice and stood up under the urging of several people:

"We also feel that Zhang Chi's murderous behavior cannot be a special defense.

Then we don’t even recognize its defensive nature, and we definitely don’t recognize this special defense. Judge, are you right?

As for this reason, we think what the prosecutor said is quite good. Our reason should be the same as what the prosecutor said. "

Hearing Li Fujun's words, Ye Bingwen sighed feebly, moved the microphone to the side, and whispered to the clerk in front of him: "Just remember that the victim's opinions are consistent with the prosecutor's."

“The third question regarding the application of law is whether the appellant Zhang Chi’s defensive behavior was excessive defense.

Since the appellant’s defense lawyer believes that it should constitute special defense, he doesn’t think that the defense is excessive, right? "

The judge confirmed it in advance.

"Yes, Judge."

"On the prosecutor's side, please state your conclusion first."

"Our opinion is that Zhang Chi's behavior was excessive in defense."

Knew it.

Ye Bingwen sighed inwardly. The special defense just now was a controversial point, and the excessive defense here was another controversial point.

This may seem like a problem at first, since most people only care about results.

But to the judge sitting on the bench, these are two completely different legal issues.

As long as there is a dispute in the trial, they have to make separate judgments and give explanations.

Faced with the different views of the prosecution and defense, they also have to give reasons for agreeing or opposing.

Why can't you all be consistent and lighten my workload?

too difficult!

Although he was complaining in his heart, Ye Bingwen still presided over the trial and continued:

"Then it is up to the appellant to express its opinion first."

(End of this chapter)