In Chen Guowei's case, the prosecution's evidence all shows that he committed intentional homicide with a knife, and in order to close the case quickly, the prosecution used the most favorable evidence.
Therefore, no matter how much Cheng Wenjing argued with the crowd and tried her best to argue, she was unsuccessful. Because if you can't provide evidence to prove Chen Guowei's innocence, then everything is in vain.
Moreover, during the entire process, she did not raise any defense opinion to the judge to reduce Chen Guowei's sentence, which ultimately led to the failure of the innocence defense. The judge sentenced him to death based on the prosecution's lawsuit application.
Therefore, Han Tao felt that Cheng Wenjing's considerations were not comprehensive enough. You must know that when defending a not guilty party, the defense lawyer can put forward sentencing opinions.
Therefore, she could have made both a not guilty plea and a lesser offense plea at the same time, which would have at least prevented Liu Guowei from being sentenced to death.
But Han Tao also understood her idea. In such cases, most lawyers would initially conduct a not guilty defense, especially since this case had already attracted a certain amount of attention on the Internet.
After all, from a moral perspective, Chen Guowei's reasons for killing have been forgiven by the whole society and have won the sympathy and support of countless people.
In everyone's eyes, the man dedicated his entire family to Chen Guowei's future and sacrificed his own innocence rather than tell his sister that she was humiliated like that. Who else could swallow this?
What's more, Chen Guowei's confession was that he picked up the knife and killed the other party. Most lawyers would try to defend his innocence in order to save this kind child.
Unfortunately, he failed. Han Tao felt sympathy for him. Combined with his apprentice's pleading, he decided to help Chen Guowei and save this poor child.
………………
Just as Han Tao picked up the phone and talked to Lina and others, the Internet was also in an uproar.
The result of this case even topped the hot search list. Everyone's attention to this case reached a very high level, and some people in the industry also began to pay attention to this matter.
Many netizens are calling for help, “Is there any lawyer who can help save Chen Guowei?”
The anger in the hearts of the people has been ignited. They cannot comprehend and cannot understand the criteria for determining self-defense, excessive defense, and intentional homicide.
Therefore, the comments were overwhelmingly in favor of Chen Guowei, and some of Chen Guowei's classmates, alumni and teachers also spoke out.
"Chen Guowei is a very good student. Professor Liu is planning to let him go straight to a PhD!"
"Senior Brother Chen is a very good person. If he wasn't forced into a corner, how could he be so cruel? There must be something hidden behind this."
"Alas, we were classmates and had a bright future, but now it's been ruined by bad people."
“In fact, Chen Guowei started receiving scholarships in his sophomore year, and worked part-time during the winter and summer vacations just to avoid putting too much pressure on his family.
But his sister still gave him living expenses to make his life better. If I saw such a good sister being bullied, I would kill those bastards too."
"That's right, those bad guys deserved to die. It's a pity that Chen Guowei's family was ruined like this!"
..............................
Chapter 710: Sleeping Article
In addition to classmates and teachers, comments on the Internet also contain a sense of heaviness and powerlessness, and everyone sympathizes with Chen Guowei.
"Is this what we have always done to uphold the law? The debt collector came to the borrower's home and harmed the borrower's sister in front of her brother, and then used a knife to hurt her afterwards. Isn't it possible to resist?"
"Exactly. Can we just take the beatings and not resist? If Chen Guowei hadn't been lucky, he would be the one lying in the coffin now!"
"This is horrible. Isn't this the mafia? They've been cracked down on quite severely recently, so why are they still so arrogant?"
"Big brother upstairs, do you really think that we can clear it up with just one strike? This is a long-term job. Moreover, many of them have changed their names. For example, the loan company in this case is just a more covert and rational way of earning interest."
"No matter what, Chen Guowei was acting in self-defense, right? At the very least, it was excessive defense. How could it be considered intentional homicide? Can the prosecutors come to such a conclusion so easily?"
"I am a trainee lawyer. Let me explain to you that what you are talking about is subjective consciousness, which is human nature. But from a legal perspective, if you want to meet the standard of legitimate defense in Article 20 of the Criminal Law, it is quite demanding.
First of all, you must exercise self-defense at a reasonable time, in a reasonable place, and under reasonable circumstances, and the act of self-defense cannot exceed reasonable limits.
In other words, judging from the outcome of this case, the death of the leader of the lending company clearly exceeded the maximum reasonable limit, and he was…”
"Oh my God, if that's the case, then these twenty requirements are too high, right?"
"That's right. He can't have harmed Chen Guowei's sister and tried to stab someone with a knife. Chen Guowei couldn't resist. What kind of unfair clause is this?"
"There is no way. From a sentimental point of view, Chen Guowei acted in self-defense. But everyone overlooked one problem. That is, he said it himself. He can't prove the source of the knife any more than you can.
Also, he said that his sister was murdered, and they didn’t do any identification afterwards, but the people who were accompanying him in the loan company saw him kill someone.”
"It's over. This is really hard to explain. I don't know who to believe."
This case has attracted a lot of public attention, especially with the communication power of the Internet in recent years, coupled with the rise of platforms such as Doudou this year, which has made self-media also exploded in popularity, so this matter has been completely pushed to the forefront.
The overall direction of public opinion is like the grass on the wall, wavering, but what everyone is most concerned about is the overall characterization of the case, whether the original verdict will be upheld after the appeal, or changed to defense.
This is also one of the biggest controversies now. After all, not everyone is familiar with the legal provisions, so ordinary people think it is self-defense.
However, some people who know a little about the law think that since it is impossible to confirm who wielded the knife, the other party does not deserve the death penalty and it is probably more like excessive self-defense.
Some people also believe that even if the loan shark boss Feng Shouyi committed a crime, Chen Guowei directly hacked him to death, which is murder, not self-defense.
"The dormant Article 20 of the Criminal Law, this case is not easy to handle!"
Han Tao closed his computer. In addition to the public opinion guidance, he also read the entire case report, which gave him a headache for a moment.
In his opinion, there is a big fish behind this lending company, because in Feng Shouyi's case, in addition to the public prosecutor, his family also hired a lawyer.
Moreover, this lawyer is a famous rival, a senior partner of Chengtai Law Firm and one of the gold medal lawyers. He graduated from the Law School of Huazhong University of Science and Technology. The winning rate of the cases he represented has maintained above 80% so far. He was recently poached by Huang Yaoqing.
You have to know that the lawyer fees of this level are not low. The other party can spend a high price to hire a lawyer to assist in the case of public prosecution, just to make the case foolproof.
Thinking of this, and since he still had many questions about the case, Han Tao picked up the phone and dialed again.
"Luo Yun, this is Han Tao. Yes, this case is worth taking. Go find Lina later, and then make an appointment with your senior. I want to talk to her when I get back."
Hearing his words, Luo Yun said excitedly on the other end of the phone: "Thank you, Master. Senior Sister Cheng Wenjing is here with me now. I'm on speakerphone. If you have anything you need to know, you can ask her directly."
"Okay, the other questions are easy to answer. What I want to know most now is when the second trial will begin?" Han Tao asked directly.
Cheng Wenjing, who was standing next to Luo Yun, heard the question and immediately went to work. "Director Han, I'm Cheng Wenjing. The second trial of Chen Guowei's case will be held on the 20th of next month."
"There's still one month left, time is running out!"
Hearing his answer, Han Tao nodded. Generally speaking, the second instance of a criminal case is within two months, but he didn't expect that Chen Guowei's case would be so short.
That being said, the time left for the defense lawyer was a bit short, so Han Tao immediately made arrangements:
"Well, Lawyer Cheng, you and Luo Yun go to Mingtang's administrative department. I have arranged for someone to receive you.
After you sign the contract, immediately go to Chen Guowei's mother and sister to complete the new agency agreement.
By the way, Lawyer Cheng, after you sign the contract, send me a copy of the information you have, and wait for my news."
Luo Yun quickly nodded in response, "Okay, Master. I'll take Senior Sister Cheng to find Sister Li Na right away."
"I will send you all the information and case summary later. On behalf of Chen Guowei, his sister, and mother, I would like to thank you for taking this case." Cheng Wenjing also quickly agreed and thanked him solemnly.
Most people are reluctant to take on this kind of case, one reason being that it might offend people, and another being that if they fail to win, it will affect their reputation, after all, the attention it attracts is too high.
“You’re welcome. Maintaining fairness and justice is the original intention of every one of us who studies law.
Although many people lose themselves in this process because of interests, fame and other reasons.
But I never forget that Ming Tang Law Firm’s Public Welfare Department has also been committed to this work.”
"Director Han, I believe what you said. You are a truly good lawyer!"
If someone else said this, Cheng Wenjing might not believe it, because there are fewer and fewer lawyers like her who do not pursue fame and fortune. Even she chose this path for some reasons.
But when Han Tao said this, Cheng Wenjing had no doubt about it, because she knew Han Tao was a man who had no shortage of either money or fame.
The reason why Cheng Wenjing sticks to this original intention is also because of the influence of her family and teachers.
When she chose this path, her mother and her college mentor told her that upholding fairness and justice is not only a lawyer's original intention, but also the core value and mission of her work.
A lawyer cannot only care about fame and fortune. It is okay to make money, but they cannot serve for money and cannot be a black-hearted lawyer with no bottom line.
She should participate more in legal aid, pay more attention to people's livelihood and public welfare activities, and help those in need and disadvantaged groups, so as to reflect the value of her profession.
..............................
Chapter 711 Arrogance
After finishing the call with Luo Yun, Han Tao called Wendy and several seniors, arranged everything he could think of, and then turned his attention back to this trip.
In the director's office of the Second Procuratorial Department of the Lingang District Procuratorate of Jinghai City, three people were having a conversation, and the content of their conversation was also about Chen Guowei's murder case.
This second procuratorial department is mainly responsible for reviewing arrests, reviewing prosecutions, appearing in court for prosecutions, and protesting against crimes such as crimes endangering national security, crimes endangering public security, intentional homicide, robbery, drugs, etc. within its jurisdiction.
The Shahe Town counter-killing case, which has attracted widespread attention recently, was investigated and handled by the Second Procuratorate.
At this time, a middle-aged man in a black leather jacket was looking at the man sitting in front of him.
"Director Yang, I've seen a lot of noise online recently about Chen Guowei's family not paying back their debts, and brutally stabbing my cousin to death. They even have the nerve to appeal. Is there going to be any changes?
Moreover, many people on the Internet say that our company has mafia characteristics. This is slander and someone is targeting our group.
Mr. Gao is also paying attention to this matter now. I hope you will not be led in the wrong direction by public opinion.”
Hearing this, Yang Guoan glanced at the person opposite him and said helplessly: "Mr. Tang, this case is far more complicated than you and I thought, and it is normal to have disputes.
After all, your cousin used violent debt collection and also harmed Chen Guowei's sister Chen Lele. According to his confession, it can only be considered manslaughter.
Therefore, according to the law, if someone causes death by negligence, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the circumstances are exaggerated, he shall be sentenced to fixed-term imprisonment of not more than three years. Therefore, we are already...”
"Director Yang, what are you talking about! Is what Chen Guowei said unilaterally true?
My cousin is not a violent debt collector, and he said that my cousin stabbed him with a knife first. Where is the evidence?
Instead, my cousin died. He was stabbed to death by someone who owed him money and refused to pay it back. Is there any law in this case?
Killing someone means paying with your life, and debts must be paid back, this is all natural." The middle-aged man slapped the table and said loudly.
Feng Shouyi is his cousin, who is in charge of the loan business of the entire Lingang District and has made a lot of contributions in recent years.
Of course, he had done a lot of dirty and tiring work for him, but he didn't expect that he would be stabbed to death by a college student, and it also involved the reputation of the company. How could he not be angry?
Yang Guoan nodded, "That's right, because Chen Guowei had no way to prove that his testimony was correct, we filed a public prosecution for intentional homicide.
In such cases, if there is no new evidence, the second instance will uphold the original verdict. "
"Director Yang, I won't beat around the bush with you. Our group has made a lot of contributions to Jinghai City. Now our people have been brutally murdered. You must give us a satisfactory result.
Of course, we cannot let you suffer in vain. We will bear the cost of your investigation and evidence collection. I personally put up this amount. I hope you can enforce the law impartially and this murderer must pay with his life."
"Boss Tang, this is not about money, we..."
"The second phase of the family housing complex is also ours. We can't let our brothers work for half their lives and not even be able to afford an apartment."
"Mr. Tang, you misunderstood. We have always acted in accordance with laws and regulations..."
"I understand, it's settled, I believed in you from the beginning, and I still believe in you now and in the future.
My request is not excessive. This matter must be resolved to the death. No other mistakes can be made. The deceased cannot die with regrets!"
"Boss Tang, we will definitely handle this matter impartially. However, there were several other people who went to collect the debt that day, and their testimony is also crucial. I hope Boss Tang can persuade them to cooperate in testifying.
We have mobilized many police officers to search for the murder knife, but to no avail. If possible, please help find it, as it is important evidence."
"Understood. Whether it's witnesses or physical evidence, we will definitely cooperate fully."
The middle-aged man was an experienced man and immediately understood what Yang Guoan meant when he heard his words.
So he nodded in agreement and stood up to say goodbye, "Then I won't disturb Director Yang from working. You are a very busy person. I will go back first."
"Okay, Mr. Tang, take care. I'll see you off!"
Although Yang Guoan appeared calm on the surface, he was relieved in his heart.
The other party really takes this case very seriously, otherwise they would not have hired lawyers from top law firms on top of the prosecution.
Of course, in Yang Guoan's view, that person was just being used as his pawn.
However, when beating a dog, one must also consider the owner, so even if it is a flag, he cannot take it lightly.
.....................
At Mingtang Law Firm, after Cheng Wenjing signed the contract, the newly formed legal aid team set off immediately.
Cheng Wenjing and Luo Yun, along with two interns, drove straight to Chen Guowei's home, while another team, led by Wang Chao and Liu Chao, went to Shahe Town and Lingang District to investigate and collect evidence.
The buildings in Shahe Town are severely polarized. Although they are separated by only a road, the other side is full of high-rise buildings, while the area where Chen Guowei's home is located is full of dilapidated bungalows.
After Cheng Wenjing brought Luo Yun and the others to Jinghai, they took many turns and arrived at a courtyard.
From a distance, the yard looked very dilapidated, with various threatening slogans graffitied on the walls.
At this time, there were an off-road vehicle and a van parked at the gate of the courtyard, and the gate of the courtyard was violently kicked open and fell to the side.
"Hurry, something happened!"
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