Lawyer

Chapter 223 Whoever dies is right?
"Did you go to Zhao Sanhua's house during the New Year's Day holiday?" Zhang head asked.

"My daughter-in-law went there once on the morning of the New Year's Day holiday. At that time, she wanted to invite Zhao Sanhua and his wife to my house to play cards." Li Baoku said.

"Oh? Did they go? I mean, did Zhao Sanhua and his wife go to your house?" Zhang Zhang asked with his big head and eyes shining, stretching his neck.

"Didn't go." Li Baoku said.

"Didn't go? Why didn't you go?" Zhang's big head and eyes were full of disappointment.

"The couple are packing up their things, and they said they are going back to their mother's house for a few days. They left around ten o'clock in the morning, and they should be rushing to have lunch." Li Baoku said.

"Did you see Zhao Sanhua in the next two days?" Zhang head asked.

"I haven't seen it. The gate of his house is always locked, and the garage is always locked. I saw his father twice. At that time, his father went to his house with a bucket to feed the dog, once in the morning and in the evening." Li Baoku said.

"Did you hear anything in the early morning of January [-]rd?" Zhang head asked.

"I didn't hear that. We played mahjong at home on the night of the [-]nd. We didn't go to bed until almost twelve o'clock. It was cold and we slept too hard. We didn't hear anything." Li Baoku thought for a while.

"What's Zhao Sanhua calling you?" Zhang head asked suddenly.

"It's Second Uncle." Li Baoku said casually.

Fang Yi frowned upon hearing this.

Zhang's big head and eyes lit up, and he was happy in his heart. He asked, "Are you relatives?"

"No, my surname is Li, his surname is Zhao, and I can't beat it. It's just called casually in the village. I am the second child in my family. Men of Zhao Sanhua's age in our village call me second uncle." Li Baoku explained. road.

"I'm done asking." Zhang's big head was angry, because he thought he and Zhao Sanhua were close relatives, and could deny the authenticity of the evidence because of close relatives, but it turned out that the monkey was fishing for the moon, and the joy was in vain.

"The defendant is questioning the witnesses," said the female judge.

"Witness Li Baoku, Zhao Sanhua's family has been empty, how did you know?" Fang Yi asked.

"Everyone who comes out of my house always passes by the door of his house. The door is locked, so there must be no one in the house." Li Baoku said.

"What did you see on the morning of January [-]rd?" Fang Yi asked.

Li Baoku scratched his head, thought for a while, and said, "I was watching TV at home that morning, when I heard a police car screaming and getting closer and closer. I went out and saw that the police car went to Zhao Sanhua's house. Then I saw a The person was carried into the ambulance and taken away. By the way, when Zhao Sanhua came back, his big dog was also taken away."

"Is the dog alive when it is taken away?" Fang Yi asked.

"No, that big dog is upright, it must have been dead for a while." Li Baoku said.

"I'm done asking." Fang Yi said.

"Witness Li Baoku, don't come out of the courtroom, just sit down and listen, don't move around, don't make phone calls, and sign the court transcript after the trial is over. Now the plaintiff is going to cross-examine." The female judge said.

"The plaintiff does not approve of the first piece of evidence, which was issued by the defendant's daughter-in-law's natal village, has strong connections, and does not approve of its authenticity.

The second piece of evidence, the surveillance video record, is not recognized by the plaintiff.The video recording only records the situation at the front door of the hotel, and it cannot be recorded if the defendant enters and exits through the back door, so the authenticity is not recognized.

The third piece of evidence, the testimony of the witness, is not accepted by the plaintiff. The witness and the defendant are neighbors and have a close relationship, so his testimony is not authentic.Cross-examination is complete. " Zhang head said.

"According to the defendant's application, the court went to the public security department to retrieve the on-site investigation records and the police's final conclusion. These are the retrieved materials, and you two should check them out for cross-examination.

According to the obtained materials, the deceased Liu Cai bought a piece of pork bone with meat at the pork stall in the village on the afternoon of the [-]nd, and then used the meat bone with poison to attract the attention of Zhao Sanhua's big dog, intending to poison the dog to death. Later, he overcame the wall and was admitted to the hospital to engage in theft.

Later, after he climbed over the wall and was admitted to the hospital, the poisoned big dog stood up and bit him, and finally bit off the blood vessels and trachea of ​​Liu Cai's neck, resulting in Liu Cai's death.The police believed that this was an accident, and Zhao Sanhua did not bear criminal responsibility. said the judge.

"The plaintiff believes that Zhao Sanhua should be liable for compensation regardless of his faults, because he raised the dog and the man died in his home. Moreover, even if Liu Cai entered Zhao Sanhua's home with the intention of engaging in illegal acts, he would not Death is not a crime. Even if Zhao Sanhua does not have to bear criminal responsibility, he still needs to bear civil liability for compensation.”

Zhang's big head killed Liu Cai, who was bitten to death by Zhao Sanhua's big dog. He wanted to lead the judge by the nose and let the judge judge Zhao Sanhua to lose money according to his thinking.

"The defendant believes that Liu Cai knows that Zhao Sanhua's family has a big dog, and still teases the big dog with a poisoned meat bone, intending to poison the big dog and then commit theft. He knows that there is a huge risk, and he may be bitten or killed by the dog. In such a case, he climbed over the wall and was admitted to the hospital, where he was bitten to death by a dog.

Liu Cai voluntarily took the risk to steal, and the consequences should be borne by himself, which has nothing to do with Zhao Sanhua. "Fang Yi said.

……

"Now both parties are making final statements, and the plaintiff is making final statements." The female judge said with a tired face.

Big head Zhang still clings to the principle of "whoever dies is right", and stated his previous views.

"The defendant makes a final statement." After the female judge finished speaking, she began to tidy up the case files on the table.

Fang Yi made a statement and said: "...the defendant believes that the deceased Liu Cai should bear full responsibility, and the defendant Zhao Sanhua does not need to pay compensation to the plaintiff. The reasons are as follows:

[-]. Liu Cai took advantage of the fact that the defendant's family was not at home, and entered the hospital over the wall in the early morning. His behavior was theft, and it was burglary;

[-]. Liu Cai wanted to poison the defendant’s dog to death with meat and bones. Although he might not have been poisoned to death immediately due to the dose or nature of the poison, his behavior was premeditated and aimed at provoking and hurting the dog; Before climbing over the wall and entering the house, you should have stepped on it to confirm that Zhao Sanhua is indeed not at home and that there is a large dog in the courtyard.

[-]. Liu Cai knew that the defendant had free-range large stray dogs in the courtyard, and even went over the wall to burglary. This is an expression of overconfidence. He believed too much that the poisoned meat and bones could immediately poison the dogs to death, and he voluntarily assumed all the risks brought about by it. .

[-]. People in the village generally have the habit of raising dogs to protect the courtyard. Many of them raise large dogs such as Langqing. .Therefore, the defendant's behavior of raising wolf and green dogs at home conforms to the village's habits.

Under normal circumstances, the defendant's behavior of distributing the dogs in the courtyard would not cause personal injury, let alone kill people. Therefore, the defendant was not at fault for Liu Cai's death, and there was no relationship between his behavior and Liu Cai's death. any causal relationship.

To sum up, combined with the actual situation of this case, in the absence of any fault of the defendant, he still needs to bear the responsibility of the dog biting people. This will undoubtedly increase the responsibility of the breeder, and it is also an indulgence of illegal and criminal acts.Request the court to dismiss the plaintiff's claim in accordance with the law.

The defendant is willing to ask the court to let the offender bear his due responsibility on the premise of ascertaining the facts of the case, so that the innocent can live in peace, and put an end to the absurd thought of "whoever dies is justified".

That's it! "

(End of this chapter)