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

Chapter 26 If I'm guilty

“In previous judicial practice, the reason why it was difficult to identify marital rape was largely due to the existence of the relationship between husband and wife.

As for the various standards just mentioned, the prosecutor actually said that they made corresponding determinations on the basis of the relationship between the man and the woman.

On the premise of losing the foundation of the relationship between husband and wife, the relationship between husband and wife has been essentially lost and only meets the formal requirements, which forms the standard of the standard just mentioned. "

Ren Zhen pointed to Wen Xuan in the dock:
"Now I would like to ask the prosecutor to think about it. Do you think the emotional foundation between the victim and the defendant is deep?"

"After the victim did what he did to the defendant, do you think it is possible for their relationship to survive?"

Faced with Ren Zhen's question, Huang Jing fell silent.

Several judges in the trial court also fell silent.

"Emotional foundation? We met on a blind date and had a flash marriage just a few days ago. How can we have any feelings?"

"And something like this happened. It's impossible for a normal person to let this marriage continue."

"Why do you feel like a fool? What they said makes sense to me."

"It's not your problem, it's the law that's too complicated!"

"Actually, it's not the law, it's human nature that's too complicated."

"Wocao! Bring the philosopher!"

"The reference answer is not the correct answer. The more I think about it, the more profound it becomes."

"The determination standard mentioned by the prosecutor is correct. Taking into account various factors, in judicial practice, we must have certain definition standards for marital rape, otherwise the consequences will be unpredictable."

"But what Attorney Ren said is right. The so-called standards will gradually change with the development of society and the progress of the law, and will be perfected step by step."

Originally, Zhang Ziyu had some scruples, but now that Ren Zhen speaks out in court, there is nothing she dares not say.

"The standards mentioned by the prosecutor are standards, but in fact the law is also a standard in a certain sense."

"These standards will not apply to all regions and all times, but the core content of the standards will not change."

"As long as the core content recognized by public morality and legal spirit is not changed when the standards are changed, it means that such changes are correct."

Ren Zhen mentioned "standard standards", which aroused Zhang Ziyu's emotion.

And these thoughts of hers also appeared in the minds of everyone in the trial.

The foundation of a couple’s relationship.

The relationship between husband and wife in substance or form.

There are many criteria for determining the establishment of marital rape.

These concepts were repeated over and over again in his mind, making Huang Jing fall into deep thought.

"Prosecutor, do you still have any questions?"

Zhang Lixia's thinking started earlier and ended earlier.

And thinking is thinking, the trial cannot be interrupted.

"Nothing."

In the original plan, Huang Jing had several points to discuss regarding marital rape.

But after Ren Zhen mentioned "standard standards", Huang Jing suddenly felt that there was no need to raise these points?

"Defender, do you have any other points to make?"

Ren Zhen thought for a moment and shook his head at Zhang Lixia.

"No more, Judge."

"Since neither the prosecutor nor the defender has anything to say, the court debate is over!"

Zhang Lixia looked at the defense table with majestic eyes:
"Defendant Wen Xuan, you can now make your final statement on this case." "After the statement is over, the trial court will make a verdict in accordance with the law!"

Wen Xuan shivered when her name was suddenly called.

It's like being in class when you were a kid and you were suddenly called upon by the teacher to answer a question.

But today, the answer to this question will be directly related to how she spends the rest of her life.

Looking at her parents with tears in their eyes in the auditorium, Wen Xuan felt extremely uncomfortable.

Raising her head slightly and holding back her tears, Wen Xuan saw Ren Zhen's eyes.

Ren Zhen, who had been decisive, bold and sharp-edged since the beginning of the court, now only had encouragement in his eyes.

Wen Xuan's heart calmed down slightly.

I have parents who love me the most in the world and support me at all times.

There are lawyers who work hard to get justice for me without asking for anything in return.

I didn't do anything wrong!
What am I afraid of?
After sorting out her thoughts, Wen Xuan spoke:

"Dear tribunal, presiding judge, I am the defendant Wen Xuan."

“I don’t understand legal matters and I’m not qualified to say anything.

In fact, I don't know what to say so that you can let me go.

But what I do know is that as a woman, as a woman who has been betrayed, beaten, and even forced into a relationship by her husband, I can't think of any other way to protect myself in that situation.

Even if there were, I don't think I would be able to maintain absolute restraint and rationality, and use legal methods that would not harm that person to protect myself. "

Hearing this, Ren Zhen's eyes lit up.

Although Wen Xuan doesn't understand the law, she just made a very important point.

That is, in legitimate defense, you cannot look at the problem from an absolutely objective and rational perspective.

Rather, it is necessary to determine whether the timing, means, limits, etc. of legitimate defense are appropriate from the perspective of the victim and based on the standards considered by most ordinary people.

Because it is difficult for people to remain calm when facing illegal infringement, and it is impossible for people to have sufficient ability and knowledge reserves to judge whether they should implement legitimate defense and how to implement legitimate defense.

In the previous trial, most of the disputes between him and Huang Jing were focused on marital rape, and there was less space for arguments on legitimate defense.

Later, there was no suitable opportunity to talk about it.

Forcibly listing all the favorable points at an inappropriate time may not be a good thing.

What a coincidence, Wen Xuan brought this point up in his final statement, which will definitely have some positive effects.

Sure enough, not only Ren Zhen, but also several judges nodded slightly.

Although the magnitude is not large, it is obvious that he agrees with Wen Xuan's statement.

Even an ordinary person who has never studied law can think of this. If we don't consider it, wouldn't it look like we are amateurs?
It has to be said that although most of the defendants' final statements are not nutritious, judging from the current situation, Wen Xuan's statement is definitely on point!

"Although these are my defenses, they are indeed my true thoughts."

Wen Xuan took a long breath and looked in the direction of the trial court:
"I killed someone, and I admit that such behavior is absolutely wrong. No matter how legitimate the reasons are, I have no right to deprive others of their lives."

"But like my lawyer said, if I'm guilty, the law will punish me."

"Standing here today, I really don't know whether I'm guilty or not until the verdict comes out."

"But no matter what the outcome is, I accept it. I believe it is what I deserve, because I believe in the judge and even more in the law."

"The law will not let a bad person go, and the law will not wrong a good person!"

(End of this chapter)