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

Chapter 13 Do you want it if you don’t want it?
"As charged in the indictment, and as determined in the first instance, the fight between the defendant and the victim on the day of the incident was a mutual assault, and the defender has reservations for the time being."

Ren Zhen looked at Huang Jing and finally showed his true intention to defend himself:

"But what everyone ignored was that Wen Xuan tried to leave the house but failed, and was pushed to the sofa by Zhang Wenhai in the living room. From then on, the nature of Zhang Wenhai's behavior changed.

Prior to this, perhaps we can say that the quarrel and fight between the defendant and the victim was within the normal scope of husband and wife.

But after that, Zhang Wenhai's slaps and tears to Wen Xuan were just actions, but their ultimate purpose was to sexually assault Wen Xuan! "

"Wen Xuan desperately resisted Zhang Wenhai's sexual assault, which ultimately led to his death, which fully complies with the relevant provisions of legitimate defense in our country's criminal law."

"Therefore, the defendant Wen Xuan should not bear criminal responsibility for the death of the victim."

There was an uproar!

It was a good case of intentional homicide, but why did it involve rape?
See you in the picture!

Huang Jing's eyes narrowed slightly, but he suddenly became quiet.

Looking at Ren Zhen, there was unprecedented solemnity in his eyes.

It turned out to be waiting for me here.

Recalling Ren Zhen's weird smile and his unexpected behavior in front of him, Huang Jing finally understood.

Ren Zhen has been guiding everyone's thinking from the very beginning when he proposed legitimate defense.

Both Huang Jing and the judges of the trial court focused their attention on the determination of mutual assault.

Immediately afterwards, Ren Zhen deliberately brought up a topic that sounded reasonable but had obvious flaws.

That is whether Wen Xuan had the subjective intention to kill.

And from this perspective, the incident on the night of the crime was cleverly divided into two areas: the bedroom and the living room.

As expected, Huang Jing analyzed and refuted this view from a professional perspective.

As everyone knows, what Ren really wants is your major!

You said that what happened in the bedroom and the living room was the same dispute, so there was no problem.

But what I want to start with is actually the living room!

When they were in the bedroom, you could say that Wen Xuan was simply reluctant, but after arriving in the living room, Zhang Wenhai's behavior was no longer a simple couple's quarrel.

After thinking about everything in between, Huang Jing realized that Ren Zhen had been planning to this point since the beginning of the trial.

In the courtroom, Zhang Lixia couldn't help but clicked her tongue secretly in her heart.

From the objection to the indictment to the gradual development of the following points.

Every step Ren Zhen takes seems to be traceable, but there are flaws to be caught.

But the combination of these flaws has created the current situation.

Bold!

As an experienced judge, Zhang Lixia could naturally see that if one mistake was made, the case would go in the same direction as the first instance.

But Ren Zhen just did it.

Every step seemed like he had planned it.

Not bad at all!

In the live broadcast room, Zhang Ziyu, who had guessed this step in advance, had already abandoned his cold persona and analyzed it endlessly for the fans.

"So, what Zhang Wenhai did to Wen Xuan on the day of the incident was not just a simple attack and fight. His rape of Wen Xuan was also an illegal infringement of personal rights!"

"What Ren Zhen is doing now is, didn't he say that Zhang Wenhai didn't constitute intentional harm? Okay, then it doesn't constitute it."

"You are right!"

"But the self-defense I mentioned was for rape. Did you intentionally hurt me? It's none of my business?"

Zhang Ziyu opened her small mouth and kept talking. After finally finishing speaking, she felt a little lack of oxygen. She picked up the farmer next to her and punched half a bucket with three fists. She pursed her lips with her sleeves:

"I can't think of any other way to describe this defense idea other than awesome!"

"Hahaha, it's okay to be awesome, Yuanlu, pay attention to your image!"

"Although I don't understand it very well, it seems that the lawyer took the case out of the prosecutor's path and put it directly on another road and started running?"

I have to say that some water friends have really bright minds, and they can point out the essence in one sentence.

"But why not point out from the beginning that Wen Xuan acted in legitimate defense against rape?"

There are bullet screens to question.

Now that Ren Zhen's views have been made undisguised, Zhang Ziyu dared to speak out boldly:
"If it is suggested from the beginning that Zhang Wenhai's intention was to rape, Ren Zhen needs to provide evidence on this point, otherwise it will not be recognized by the judge."

"It is very difficult for defense lawyers to prove something in criminal cases. Especially in this case, Wen Xuan and Zhang Wenhai are still married. Given this premise, it is very difficult to prove rape." Thinking about the Regarding the relevant regulations in this area, Zhang Ziyu sighed in her heart, but did not show it:

"But now, through the prosecutor's certification, the location of the crime has been divided, which is very helpful in proving the nature of the dispute between the two."

"Although it cannot be directly proven that Zhang Wenhai was raped, it will definitely help a lot in the follow-up."

"If I guess correctly, the next dialectical focus of both parties will be on the identification of marital rape."

Zhang Ziyu explained very clearly, and a row of "666666" floated across the live broadcast room.

But Zhang Ziyu knew that things were not as simple as she said.

Ren Zhen's previous efforts have only created a relatively favorable environment for him.

If you want to defend yourself at this point, the next defense is crucial.

Sure enough, after a brief thought, Huang Jing slowly spoke.

"In response to the defense's suggestion that the victim's behavior was a sexual assault on the defendant, the prosecutor raised objections."

"The crime of rape refers to sexual intercourse with a woman against her will. In other words, to determine whether the victim's behavior is rape, the defendant's sexual consent needs to be taken into consideration."

Huang Jingshen took a breath:

"Again, some definitions are often not exactly the same in life and in law."

"In this case, the victim and the defendant were husband and wife. In view of the existence of this special and extremely intimate relationship, it is difficult for us to conclude that the victim's behavior violated the defendant's sexual rights."

"If there was no rape from the beginning, there would be no legitimate defense."

Huang Jing did not panic when he discovered that the space where the crime occurred had been divided into two locations and the dispute had been divided into two stages.

After a short period of thinking, I found that although the idea proposed by Ren Zhen was novel, there was nothing wrong with it.

So Huang Jing quickly changed his mind and expressed his opinion on Ren Zhen's new point of view.

After another step in his mind, Huang Jing realized that there was nothing wrong with what he said, and turned his eyes to the lawyer opposite.

Judging from the previous events, he knew that the young lawyer had put in so much effort and that the current situation was definitely what he wanted to see, so the other party would definitely not be without options.

"What does this prosecutor mean? There is no such thing as rape between husband and wife, right?"

"It doesn't have to be so absolute. He may mean that the relationship between husband and wife is quite special, so it is difficult to identify it as rape, right?"

"I just checked the legal provisions. It is a crime to violate a woman's will. What, after marriage, does it mean that she does not belong to a woman or has no will?"

"Are you still consenting to sex? You are resisting so fiercely, how can it still be consent?"

"Isn't it because surfing the Internet got me addicted? Do you really think that a girl wants it even if she says she doesn't want it?"

As a professional, Zhang Ziyu certainly knew that Ren Zhen was telling the truth.

But the audience in the live broadcast room doesn’t know!
Seeing the fans in the live broadcast room filled with indignation, Zhang Ziyu reacted and quickly came to the rescue:
"Well, sexual consent is actually a professional term in legal theory, and this is not just nonsense made by the prosecutor."

"Moreover, the prosecutor said that it is difficult to determine the nature of Zhang Wenhai's behavior, rather than absolutely denying it. Everyone should listen and speak rationally!"

After all, whether it is the prosecutor or the defense lawyer, all speeches are used as a reference for the judge's decision.

As long as the judge understands it, that's fine.

Naturally, judges don’t need anyone to know professional terminology and related theories, so Huang Jing’s words were relatively concise.

How did he know that a few simple words would cause such a huge reaction from netizens.

In the auditorium.

A middle-aged man with thinning hair and glasses straightened up at this time.

Holding the thermos cup with both hands, he kept stroking it and looked at Ren Zhen in the dock with interest.

"This little lawyer is quite interesting. I want to see what you do next?"

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　　I'm just starting out, and I hope all readers will support me!

　　Although I know not many people have read it, I still want to summarize the plot between chapters here to answer the doubts of some readers.

　　From the beginning of the trial, Ren Zhen started from the side. First, from the objective and subjective aspects of the crime, he argued that Wen Xuan did not meet the criminal elements of intentional homicide (in fact, he did, and the prosecutor later responded to this point).

　　This is a deliberately problematic point of view for the prosecutor to find loopholes, but more importantly, when elaborating on Wen Xuan's subjective side, the crime scene was divided into two spaces: the bedroom and the living room.While finding the loopholes, the prosecutor confirmed this point. This was Ren Zhen's real purpose.

　　Because the previous first instance had determined that the fight between the two on the day of the crime was a mutual assault, it is very difficult to defend against intentional injury. If you want to defend against rape, you need to determine that the victim’s behavior constitutes rape, so the The separation of the bedroom and living room may not seem critical, but it actually provides the basis for subsequent defense.

　　Some readers may ask, why not put forward this point of view from the beginning and directly defend rape?

　　Because in criminal proceedings, the persuasiveness of the arguments put forward by lawyers is very limited.But the same thing, if it is said by the prosecutor, it is not a concept at all.So although the plot arrangement here is a bit complicated, I think it is worth it!
　　After all, I am writing a novel, and some plots will be fictionalized and dramatized. Everyone is welcome to discuss rationally.

　　
　
(End of this chapter)