Chapter 41 Is Gu Chen too aggressive in court?
【Holy shit, Wang Yongqiang killed well! 】
【I am Wang Yongqiang and I will kill him too! How could a man endure being put on a leash by Liu Biao and watching Liu Biao rape his wife? Well done! 】
【Wang Yongqiang is awesome! ! This is self-defense, what’s the problem? 】
【Liu Biao even picked up the knife! What did Liu Biao want to do with the knife? Don't tell me he wanted to use the knife to cut an apple. He just wanted to kill Wang Yongqiang, and Wang Yongqiang killed him in return! Nothing wrong! 】
[Wang Yongqiang is such a man! ! This last one is so manly! ! But this picture still needs to be coded when it is spread out. 】
Netizens are supporting Wang Yongqiang!
At this time, they think there is nothing wrong with Wang Yongqiang’s counterattack!
Fangda Law Firm.
Xue Qingqing said in surprise: "Let me just say that Gu Chen is amazing. He really found the evidence! This can prove that Wang Yongqiang was in legitimate defense!! At least it was not intentional murder!! Oh my God, you Are you saying that Gu Chen is a trainee lawyer? He is better at handling cases than the police. The police didn’t even find out that there was a driving recorder here, but Gu Chen actually found it!”
Xue Qingqing looked at Gao Yong and said, "Is there no problem with self-defense now?"
Gao Yong shook his head, "That's not necessarily the case. This can only prove the existence of this knife, but it does not prove that it is self-defense." , but it’s really amazing that Gu Chen can do this.”
Gao Yong also didn’t expect that Gu Chen could find such key evidence.
Gu Chen found the evidence that the police failed to find!
But whether it can constitute legitimate defense is still difficult.
This depends very much on the ability and level of Gu Chen, a trainee lawyer!
There is only a video, but the evidence of this video is not sufficient! Because legitimate defense must involve committing an offense and endangering personal safety!
Obviously Liu Biao had not taken the knife to hurt Wang Yongqiang, but Wang Yongqiang stabbed him at this time.
Gao Yong frowned.
This case may be ruled as manslaughter or excessive defense.
In other words, the best outcome for Wang Yongqiang is that he does not need to be sentenced to death.
This evidence helped Wang Yongqiang avoid the death penalty.
But Wang Yongqiang may be sentenced to life or twenty years in prison! !
If you want to be acquitted, it seems that it is still impossible at present! Even if Gao Yong appeared in person, he could not guarantee that Wang Yongqiang would be acquitted.
Gao Yong said: "If Gu Chen can really defend this case and get acquitted, then Gu Chen will be really powerful, even more powerful than ordinary lawyers."
Xue Yaoting smiled on the side and took a sip of tea. "Let's continue reading. We have the evidence. It just depends on Gu Chen's personal ability."
Court scene.
The prosecutor first said: "As for this video, I still think it does not constitute legitimate defense. The reason is very simple. "According to Article 20 of the Chinese Criminal Law, in order to harm the country, public interests, myself or others, Any action taken to prevent the illegal infringement of property or other rights from ongoing illegal infringement and cause damage to the illegal intruder shall be deemed as legitimate defense and shall not bear criminal responsibility.”
“Legitimate defense is obvious. Those who cause serious damage beyond the necessary limit shall bear criminal responsibility, but the punishment shall be reduced or exempted.”
“For ongoing crimes of violence, murder, robbery, rape, kidnapping, and other violent crimes that seriously endanger personal safety. If a person takes defensive actions and causes casualties to an unlawful intruder, it does not constitute excessive defense and he will not be held criminally responsible.”
"The surveillance video ends here. Liu Biao took out a knife in his hand. Did this knife stab Wang Yongqiang?"
"So far, Liu Biao only took the knife, but did not attack Wang Yongqiang. It constitutes a personal threat."
"Wang Yongqiang stabbed Liu Biao directly, which is an excessive defense! I even think it is still intentional homicide!"
"Liu Biao was holding a knife. , is he definitely suspected of murder? Did he attack Wang Yongqiang with a knife? "
"For example, if a person goes to the market to buy fish, the seller picks up the knife and prepares to kill the fish, but the customer sees the seller. He picked up the knife and the buyer stabbed the seller to death. Can this be called self-defense? "Perhaps Liu Biao just wanted to kill the fish, or did Wang Yongqiang take the initiative? Killing someone with a knife means killing someone intentionally. I request that Wang Yongqiang be sentenced to death. My statement is complete.”
The prosecutor’s statement made netizens’ hearts drop to rock bottom.
This is why Gao Yong said that this case is difficult to define as self-defense!
Because it is clearly written in the criminal law that there must be a violent crime that seriously endangers personal safety and defensive behavior can be regarded as legitimate defense.
Liu Biao just picked up the knife and did not make any attack. How can Wang Yongqiang be defined as legitimate defense?
The prosecutor still defined it as intentional homicide!
Wouldn’t it be useless for Gu Chen to take out the video now?
If you kill someone intentionally, you will probably be sentenced to death in the end!
At this time, Gu Chen raised his hand to speak.
Gu Chen said: "I think the prosecutor's statement is ridiculous!"
"Liu Biao picked up the knife and did not pose a personal threat to Wang Yongqiang? Does he have to attack Wang Yongqiang with a knife to pose a personal threat to Wang Yongqiang?"
"Public prosecutor, let me ask you a question, do you think the face-to-face If an adult man with a knife wants to stab you, how many blows will it take to make you lose the ability to resist? Can you take the knife and kill him? "
The prosecutor did not say anything.
Gu Chen said: "One knife! It only takes one knife for an adult strong man to lose the ability to move! Lose the ability to resist! And Liu Biao's own fighting power is stronger than Wang Yongqiang. If Liu Biao is the one who does it, Biao, can Wang Yongqiang survive? Is it possible to fight back? If Liu Biao attacks first, there is no chance for Wang Yongqiang to resist!"
"As for the fish seller, I think the prosecutor is secretly changing. Concept! ”
"Selling fish is about buyers and sellers. It is normal for sellers to kill fish with a knife. There is no conflict between buyers and sellers."
"But there is a conflict between Liu Biao and Wang Yongqiang!"
"Just a few minutes before the video, Liu Biao had just killed Wang Yongqiang's dog with this knife! Liu Biao had just raped Wang Yongqiang's wife Sun Yunmeng."
"Liu Biao A rapist is also a violent person! When such a person holds a knife and threatens to kill you, do you think you should wait for him to chop you first? "
"How can a seller kill fish with a knife? It’s normal, but Liu Biao took the knife. Tell me, prosecutor, that a criminal, a rapist, a person who just killed a dog in Wang Yongqiang’s family, only wanted to kill fish with the knife?”
"When a criminal picked up a knife, he had already posed a serious personal threat to Wang Yongqiang!!"
"I am making an assumption, an unreasonable assumption, and it is just an assumption."
< br>"If one day, the prosecutor is kidnapped by criminals with a knife."
"At this time, all the police are here."
"Then prosecutor, I want to ask you a question. ”
"Do you want the armed police to kill the criminal directly with a gun, or do you want the criminal to give you a knife and then the armed police shoot?"
"After all, the criminal is just holding a knife, he may also use a knife To kill fish, it is also possible to use the knife for other things."
What Gu Chen said made the prosecutor completely silent.
All the netizens in the live broadcast room were posting comments at this time.
The whole network was shocked!
As a lawyer, Gu Chen is too fierce in court, right?
(End of this chapter)