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

Chapter 12 Resistance and Resistance

in court.

Huang Jing has already spoken:

"What I would like to remind the defender is that intentionality in law is completely different from what we call intentionality in daily life."

"It is true that what the defender said was that the defendant may not have had any intention of killing the victim until he stabbed him with a knife. This is also consistent with ordinary people's understanding of the word 'intentional'."

"But in criminal law, there are clear criteria for judging subjective intentionality. One is the cognitive factor, and the other is the will factor."

"Specifically in this case, in terms of understanding, when Wen Xuan stabbed Zhang Wenhai with a knife, she must have a very clear understanding of this action, that is, this knife will definitely cause personal injury!"

"Secondly, in terms of will, the legal criterion is whether the party wishes or allows the harmful results to occur."

Huang Jing looked at Wen Xuan, who had just gained hope, and poured cold water on her:
"I would like to ask the defendant, when you picked up the knife, do you dare to say that you never thought about letting Zhang Wenhai die?"

Wen Xuan bit her lip tightly, her eyes full of struggle.

Yes, do you really not have this idea?

However, Huang Jing didn't intend to let her answer. Instead, he looked at Ren Zhen, whose corners of his mouth were slightly raised.

Huang Jing couldn't help but be stunned.

How can this guy laugh even though his views have been rejected by me?
But what needs to be said still needs to continue:

"Although the defendant's experience is sympathetic, it cannot be denied that objectively she did carry out the act of killing Zhang Wenhai. Subjectively, she also had the intention of intentional homicide, which fully complies with the elements of intentional homicide stipulated in our country's criminal law. "

"Therefore, we request the court to deny the defense's claim that the defendant did not have the intention to kill intentionally!"

As soon as he finished speaking, some audience members in the auditorium were already a little dizzy.

How do you feel, what both of them said makes sense?

Which one should I believe?

The barrage in the live broadcast room was extremely active, and Zhang Ziyu had no time to reply.

And what Huang Jing raised was exactly what she didn't say just now.

Life is life and the law is the law.

Although Ren Zhen's defense is clever, it is actually not very tenable.

Somewhat suspected of sophistry.

However, if her guess is correct, then there will be fun to watch next.

"quiet!"

Zhang Lixia simply maintained court order: "Defender, do you have anything to refute the prosecutor's question?"

Ren Zhen stood up calmly, which made Huang Jing feel a little unhappy.

Your defense sounds wonderful, but that’s from a layman’s perspective!

In front of us professionals, it is simply full of loopholes!
Why are you so proud?

Pack!
Then put on!
"The prosecutor's question is very reasonable!"

Ren Zhen's words surprised everyone.

what's the situation?
Get cold feet?

Wen Mingyang and his wife were a little dumbfounded.

"However, I still think that my client did not commit a crime!"

If Huang Jing was unhappy just now, Huang Jing is already dissatisfied now.

You admit that what I said is right, but you also say that Wen Xuan does not constitute a crime?

It's no fun to be a dead duck with a tough mouth.

Ren Zhen smiled slightly: "Okay, let's skip this topic for now. Even if what the prosecutor just said is right, the defendant does have the subjective intention to kill intentionally."

Huang Jing:? ? ? ?

What do you mean, even if what I say is right?

What I said is right!
Zhang Lixia, who was sitting on it, almost couldn't help laughing.

Of course he heard the little tricks in Ren Zhen's language, but if he wanted to use these to influence my judgment, he would be looking down on our judge.However, judging from the various performances since the beginning of the trial, Ren Zhen always brings one surprise after another.

Zhang Lixia couldn't wait to find out what this little-known lawyer was up to.

"Taking a step back, even if Wen Xuan objectively committed intentional homicide, subjectively she had the intention to commit intentional homicide, which fully complies with the constituent elements of the crime of intentional homicide as stipulated in our country's criminal law."

"However, according to the relevant provisions of our country's criminal law, those who take defensive actions against violent crimes such as murder, robbery, rape, etc. and cause casualties to unlawful intruders will not bear criminal responsibility."

"In other words, we have unlimited defense against these violent crimes."

"Therefore, the defender believes that the defendant can and should conduct legitimate defense against the victim's unlawful infringement. This is the right granted to her by the law."

"Although it caused Zhang Wenhai's death, the consequences of this death are within the scope allowed by the law, so the defendant should not bear criminal responsibility!"

"Therefore, we request the trial court to revoke the first-instance judgment, acquit the defendant Wen Xuan in accordance with the law, and restore the defendant's freedom and innocence!"

As soon as Huang Jing finished speaking, before Huang Jing could say anything, Kaishan Mountain erupted on the plaintiff's bench.

"Go to the code!"

"My son was killed by this bitch, so he still doesn't have to take responsibility?"

"Are you making an international joke here? Can I kill you?"

Faced with Kaishan Shan's rage, Ren Zhen looked calm: "This is not what I said, it is what the law says."

The law is so strict, and I am so serious.

How could you be joking?
Bang!
Kaishan Shan kicked over the chair and was about to come towards Ren Zhen:

"Can you say one more thing? I won't be responsible if I kill you, okay?"

"Bailiff!"

Seeing that the court was about to turn into a scene of all-out martial arts, Zhang Lixia quickly called on the bailiff to hold Kaishan down.

"How dare this lawyer say that people are dead and it's still within the scope of the law?"

"The old man is getting worried. Sure enough, the violent genes of domestic violence men can be traced."

"But that's what the law stipulates, and I'm not joking."

"When you say that, does it really make sense?"

"Do you think the defendant's lawyer deliberately provoked the other party so that he could legitimately exercise the unlimited right of defense granted by the law on the spot?"

"Good guy, let's demonstrate it to the judge on the spot, right?"

Under the suppression of the bailiff, Zhang Kaishan finally sat back and received a stern warning from Zhang Lixia.

If you can't control your emotions anymore, you may be asked out next time.

"be opposed to!"

Huang Jing retorted almost immediately: "Although the defender proposed that the dispute between the defendant and the victim was divided into two areas: the bedroom and the living room, this view is indeed reasonable, but it does not affect that it is essentially the same continuous dispute. .”

"This does not change the fact that the fight between the two of them was a mutual assault. Although there was a cause, it can only reduce the defendant's responsibility at most, but cannot change the fact that he committed intentional homicide!"

"The prosecutor is so right!"

Before Huang Jing finished speaking, Ren Zhen clapped his hands, surprising everyone.

How come this is right again?

Huang Jing, who had experienced this before, immediately became vigilant.

The young-looking lawyer opposite him was full of bad intentions.

I definitely don't really think he's right.

as predicted.

Ren Zhen said slowly: "The prosecutor believes that the defendant's resistance and attack on the victim did not constitute legitimate defense, because there was not enough evidence to determine that Zhang Wenhai's behavior was intentional injury, so the two were fighting each other.

But what I want to say is that no matter how Zhang Wenhai’s behavior is determined, it does not affect the constitution of legitimate defense.

Because resistance and rebellion are different!

What the defendant resisted was not intentional injury, but rape! "

(End of this chapter)