After Cheng Wenjing failed in her defense in the first trial, she reflected that she had made a mistake in this case, which was that she was too greedy.
In Chen Guowei's case, if she had only argued for excessive self-defense and manslaughter, there would have been no problem, but she defended her innocence.
Although he listed the crimes committed by Feng Shouyi's gang to prove that Chen Guowei's revenge killing was self-defense after being oppressed.
However, the defense of innocence places great emphasis on evidence, especially when suing against the prosecution. The most troublesome thing is to have complete evidence. Even if there is a problem in a small link, it will be difficult to win the case.
But in Chen Guowei's case, the prosecution's evidence showed that he had 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 hard he argued with the crowd, he was unable to succeed.
There is no way. If we can't provide evidence to prove Chen Guowei's innocence, everything will be in vain. What's more, the other party has a team of lawyers to assist him.
After hearing what Cheng Wenjing said, Luo Yun sighed and said, "It's probably not easy to defend a misdemeanor. From a legal perspective, it's quite demanding to meet the legitimate defense standard in Article 20 of the Criminal Law.
First of all, self-defense can only be carried out 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, Feng Shouyi’s death clearly exceeded the maximum reasonable limit, and he was…”
“No, the situation before is different from now. When the director asked Chen Guowei just now, I noticed a lot of details that I had overlooked before.
So we still have a chance, especially since we have video evidence of their crimes, if I hadn’t made a mistake in the first trial…”
Cheng Wenjing interrupted Luo Yun and expressed his thoughts.
During the entire process of the first trial, 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 litigation application.
Therefore, Chen Wenjing has always felt guilty. You know, when defending a misdemeanor, 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.
Watching the two discuss, Han Tao shook his head and said, "Not doing a misdemeanor defense. In my opinion, even if it is a misdemeanor defense, it is not public for Chen Guowei.
How many seven years does a person have? So the fate of such a promising young man cannot be ruined like this."
"So what do you mean?" Cheng Wenjing looked at Han Tao, eyes wide, "Director, do you mean to continue to make silent defenses?
But we can’t prove our innocence, and we’ve tried everything we can think of to find the knife, but we can’t find it.”
"Why do we have to prove it? With the video, we can prove that the other party illegally invaded and committed violent and illegal acts against Chen Guowei, Chen Lele and others. Chen Guowei can defend himself.
In particular, if a person takes defensive action against an ongoing violent crime such as assault, murder, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety, and causes injury or death to the unlawful offender, it does not constitute excessive defense and the person will not bear criminal responsibility.
“We all understand this, but Master, Article 20 states that legitimate defense must meet four conditions.
First, the target of self-defense must be unlawful infringement.
Second, it must be when the unlawful infringement is in progress.
Third, the target of self-defense must be the unlawful attacker.
Fourth, self-defense cannot exceed a certain limit.
Chen Guowei's behavior has exceeded certain limits, because when he injured someone, the other party was no longer in the process of illegal infringement. "
"Wrong, you overlooked an important issue, that is, Feng Shouyi only ended the infringement on Chen Lele, not Chen Guowei.
After he finished assaulting Chen Lele and walked out of the house, he did not leave or finish.
Instead, they continued to beat Chen Guowei and committed other aggression, even attempting to kill him, so Chen Guowei's behavior of self-defense was established.
Although Chen Guowei could not prove that the knife belonged to Feng Shouyi, the other party…"
Han Tao looked at Cheng Wenjing and Luo Yun and gave their family a good lesson.
After hearing his words, the two of them widened their eyes again, with shock in their eyes, and their expressions were similar to the face-changing in Sichuan Opera.
………………
Chapter 770 Zhong Xiaoqin is in trouble
(National Day is here, I wish our powerful motherland prosperity, I wish all my friends a happy holiday, and be happy every day!)
For the next two days, Han Tao lived a life of going back and forth between two points. In the morning, he went to Xinghan and the law firm to handle some matters, and in the evening, he returned to Dongli to accompany Zhu Suosuo and Jiang Nansun.
His apprentices Luo Yun and Cheng Wenjing were constantly improving the evidence in their hands.
However, as the defendants, they do not need to submit evidence in advance, so they still have a few days to prepare.
However, on the Internet, this case has become completely chaotic after fermenting for several days.
In addition, the Feng family fanned the flames and hired a lot of internet trolls to release a lot of information to confuse the public.
As a result, those who have always supported Chen Guowei's acquittal are now divided into three factions and are arguing endlessly.
One group believes that Chen Guowei is guilty because the Feng family has pinned the blame on his family for not paying back their debts and even for Chen Lele seducing Feng Shouyi.
There is another group that supports Chen Guowei's innocence, believing that what the Feng family said was all false and nonsense, and that it is impossible to believe the words of a loan shark.
Finally, there are the rational factions, who believe that a conclusion can only be drawn after looking at the outcome of the debate between the two parties during the trial and the evidence provided. There is no need to clearly support one side at this time.
The Weibo accounts of legal commentators on major platforms, as well as well-known legal commentators and legal professionals on several live-streaming platforms such as Doudou, have all discussed the probability of a reversal in the second trial of Chen Guowei's counter-killing case.
Of course, compared to netizens, 90% of legal critics are still very rigorous, and their attitude is: "If there is only the evidence published now, without new breakthrough evidence, then the hope of a not guilty defense is slim.
However, it is still possible to defend a misdemeanor. If it can be proved that the other party illegally invaded the house and committed a violent crime, the sentence can even be changed to a fixed-term imprisonment of less than ten years. "
Although no one has come to a conclusion easily, everyone still tends to think that Chen Guowei will lose, and at most it is the result of excessive self-defense.
After all, this is not the first case of this kind. It is extremely difficult to defend innocence, and sleeping for twenty days is not something that can be done easily.
Of course, the majority of people still support Chen Guowei, especially after knowing that his defense lawyer in the second trial is Han Tao, the new chief lawyer of Mingtang Law Firm, countless people hope that he can create a miracle.
After all, Han Tao himself has many legendary characters. Not to mention the previous cases, the fact that he has only been with the firm for more than half a year and has brought the firm out of the quagmire and even made it a top law firm is worth looking forward to.
Moreover, those who support Chen Guowei, whether they are ordinary netizens and the public, his close friends, or classmates, teachers, and alumni, all hope that Han Tao can clear Chen Guowei's name and maintain the fairness of the law.
In response to this, Han Tao did not have any special response. He also asked Cheng Wenjing and others not to respond and to comfort Chen Lele and her daughter.
The best option at this time is to remain silent. Only by not getting involved will you not be led by anyone.
...........................
After get off work, Han Tao originally planned to go back to Dongli, but as soon as he got in the car, he received a call from Gu Jia.
"Han Tao, Xiaoqin is in trouble, did you know?"
"Gu Jia, are you back from the tea factory? What happened to Xiaoqin?"
Han Tao asked, and then continued to respond, "I have been too busy at the law firm recently, so I haven't been able to go to Xiaoqin and the others. Can you tell me what happened?"
"I guess Xiaoqin and Manni didn't tell you because they didn't want to cause trouble for you. I just came back today and happened to see her crying secretly on the way home..."
"Crying secretly?"
Han Tao frowned when he heard this, and while instructing the driver to go to Grand Hyatt, he asked about the details.
It turned out that the cause of the incident was that she was promoted five levels in a row to become the vice president of the marketing department. After taking over all the work she was responsible for a few days ago, she began her first inspection after taking office.
However, when she was leading people to patrol the mall, she saw a lot of people surrounding a shoe store, and some customers were clamoring for the store to compensate them, so she went to take a look.
She was also in charge of this kind of work before and had dealt with many such issues. Although her identity had changed, she still habitually stepped forward to mediate.
Seeing that their vice president had gone over, the people behind her were afraid that she would get hurt, so they hurried forward to check the situation.
During the argument, the shoe store clerk insisted on his principle and said that it was okay to return the shoes, but there had to be a certain process.
The customer was already a little anxious, and when he saw so many staff members, he felt that they were using their power to bully him and that the business was dragging its feet, so he started smashing the store in anger.
Seeing that the situation was getting out of control, Zhong Xiaoqin hurriedly persuaded the other party to stay calm and not to hurt anyone or smash things.
Unexpectedly, the two customers not only refused to listen, but also kept making a lot of noise.
There was no other way, so Zhong Xiaoqin asked the security department to come. Finally, during the scuffle, a customer fell to the ground and couldn't get up.
The male customer saw his wife sitting on the ground, and rushed over to push Zhong Xiaoqin away, saying:
"You took advantage of your numbers to beat up my wife, didn't you? You are all black-hearted merchants. You are selling fake goods and you think you are right!"
When the onlookers saw this, they started taking pictures without even trying to understand the details. They just took the information out of context and posted it online.
Seeing how things turned out, the merchant had no choice but to apologize and pay compensation. Finally, the female and male customers left cursing.
However, Zhong Xiaoqin felt uncomfortable, thinking that she had not handled the matter well, which led to the intensification of conflicts between customers and merchants. She believed that she could not handle even the smallest matter well and that she was not capable of being a vice president.
After a few days, the mall's reputation was affected, so Zhong Xiaoqin was in a very bad mood. She wanted to talk to Gu Jia, but the call didn't go through.
In desperation, she could only call Wang Manni, but learned that Wang Manni was also on a business trip, and the two of them ran out of battery after just a few words, leaving her with no one to confide in.
The most important thing is that on her way to and from get off work, many people took pictures of themselves and discussed things in the mall.
These people keep saying that they are wrong and make unwarranted comments without asking questions.
The more she thought about it, the more aggrieved she felt, so after get off work today, she couldn't help crying. Gu Jia, who happened to have returned, saw her and she called Han Tao.
After Han Tao finished listening, he looked at it with his other hand and then instructed:
"Gu Jia, I just checked. This incident has already spread online, and the video has been edited, so it is impossible to restore the facts.
In the video, only Xiaoqin pushed the customers and the security guards to surround her. There will definitely be many people who follow suit without knowing the reason. "
"What should we do? Either we stay out of the spotlight to avoid exacerbating the conflict. I estimate that this kind of public opinion will only pass in a week or so.
Otherwise, many netizens will behave in extreme ways if they are slightly led by others.
Xiaoqin's parents' address was also discovered, so just in case, I asked them to temporarily move to the house in the Binhe Building."
Gu Jia had also watched the videos and watched the public opinions online, which were very unfavorable to Zhong Xiaoqin, so she made some corresponding arrangements before calling Han Tao.
"I will arrange for someone to handle this matter. If necessary, call the police and sue. This is no longer just her problem.
We must know exactly where the fake shoes came from and how they entered the mall, so that we can clear Xiaoqin's name and preserve the mall's reputation.
So tell Xiaoqin not to think about anything, don't go to work for the time being, don't go online, have a good rest for a few days, and wait for me to deal with it."
Han Tao doesn't think that keeping quiet is the best option. Some things are not appropriate to be downplayed. Instead, they should be handled openly so that public opinion can be calmed down as quickly as possible.
"Okay, I understand what you mean. I will accompany Xiaoqin these days. If you have time, come back and visit. We haven't had dinner together for a long time!"
"Well, I'm on my way and will be home soon. Just ask Sister Yu to arrange dinner. After dinner, I'll take you to a fun place."
...........................
Chapter 771 Knowing What You Want
After ending the call, Gu Jia put down the phone and comforted Zhong Xiaoqin:
"Xiaoqin, don't worry, Han Tao said he would let a lawyer handle it, and he has already called the police.
So, just take a good rest these days and don’t pay attention to the comments on the Internet.
I will accompany you, and we can take this opportunity to go out and have fun together, and then go back to work after we are done. "
When Zhong Xiaoqin heard her talk about this, the worries that she had just put aside surged into her heart again, and she said with some worry:
"Gu Gu, tell Han Tao not to call the police, otherwise the merchants will definitely have a problem with our company."
"Xiaoqin, aren't you thinking in a biased way? I think Han Tao is right. It will be good for your company if you handle this matter correctly.
After all, this incident was caused by a pair of shoes, so we must find out where the fake shoes came from and how they entered your shopping mall.
Only in this way can you be truly cleared of all charges and the reputation of the shopping mall be prevented from being affected.”
This kind of thing is a problem with the merchant itself. Even if this incident didn't happen, problems would have arisen sooner or later. Zhong Xiaoqin just happened to be there.
“Gu Gu, I don’t want to make a big deal out of this. After all, I’m in a different position now, and I don’t want to cause trouble for Han Tao.”
As soon as Zhong Xiaoqin finished speaking, Gu Jia pulled her back and said firmly, "Listen to Han Tao on this matter. He is a professional and knows how to solve the problem as quickly as possible.
Otherwise, it’s not just you who will be hurt, your uncle and aunt will also be affected, so don’t think too much about it.”
"Well..., okay!" Zhong Xiaoqin nodded, feeling a little aggrieved, "Gu Gu, I just don't understand why they used such vicious words to say this to me.
You know, I'm not that kind of person. I really didn't know that the shoes were fake. But no one listened to my explanation, and no one was willing to listen to my explanation!"
"Xiaoqin, haven't I told you to stop talking about what you say online? Now is the era of self-media, and many people don't care about the truth, they care about hot topics and image.
You have to trust Han Tao, he will resolve this matter quickly, not to mention that this kind of thing will be pushed down in two or three days, and no one will even mention it a week later."
"Well, thank you Gu Gu, it's great to have you guys!" Zhong Xiaoqin smiled. She was a happy girl who was satisfied with mediocrity.
Although she is sentimental and tearful, easily moved and sad, she appears particularly vulnerable when dealing with problems.
However, her character also prevents her from going to extremes and getting stuck in a rut. She is also considerate and likes to help others.
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