Chapter 42 God Gu Chen’s hand! The court is about to decide! !
【Awesome! Is this Gu Chen? 】
【Gu Chen really dares to say it! The prosecutor did not dare to speak. 】
【Too awesome! ! There is indeed nothing wrong with what he said. Liu Biao is a criminal. Liu Biao is holding a knife in his hand. Do you think Liu Biao wants to kill fish? Isn't this nonsense? 】
【Support Wang Yongqiang’s legitimate defense! Support Wang Yongqiang’s innocence! ! 】
Netizens commented excitedly one by one.
They also supported Wang Yongqiang’s legitimate defense.
After all, no normal person can bear this kind of humiliation!
Who can bear it when his wife is bullied by another man?
Who can bear to be treated like a dog and put on a leash?
Liu Biao is essentially a criminal! !
When a criminal wields a knife, do you have to wait for the criminal to stab you before you fight back?
At this time, the prosecutor spoke.
The public prosecutor said: "According to previous cases, there has never been such a verdict. According to Article 20 of the Criminal Law, the law clearly states that defensive actions should be taken for violent crimes that seriously endanger personal safety. It was just self-defense, and Wang Yongqiang was obviously negligent homicide, or intentional homicide."
"Wang Yongqiang could have used scissors to incapacitate Liu Biao, but Wang Yongqiang stabbed Liu Biao more than ten times in a row. Several stabbings were life-threatening, so Wang Yongqiang committed murder intentionally rather than in self-defense. This kind of malicious revenge should not be self-defense," the prosecutor said.
The prosecutor changed the topic to these dozen knives.
If Wang Yongqiang just stabbed Liu Biao, it could still be said to be legitimate defense.
But Wang Yongqiang didn’t just stab him once, he went up and stabbed him more than a dozen times.
Can these dozen knife attacks be called self-defense?
Even if it is not intentional homicide, it is an act of excessive defense and negligence that causes death.
And those who cause death due to negligence will be sentenced to at least life imprisonment. Or even the death penalty!
Negligently causing death means causing the death of the other party. The legal penalty is still very strict. If Wang Yongqiang is not sentenced to death, he must get the understanding of Liu Yajun's family.
Now it is basically impossible to get the understanding of Liu Yajun’s family. It is impossible for Liu Yajun to forgive Wang Yongqiang. He only wants Wang Yongqiang’s death penalty, so how can he write a letter of understanding?
Everyone looked at Gu Chen again.
It’s up to Gu Chen to see if he can successfully defend Wang Yongqiang!
This is what Gao Yong said, even if Gu Chen found video evidence of what happened at that time, it would not necessarily be judged as self-defense!
Because in recent decades, no case has been ruled as self-defense!
As long as you kill someone, it will more or less involve intentional injury. It just depends on how many years the sentence will be.
Sometimes even the death penalty is imposed
In many cases, even if the evidence is complete, it still depends on how the presiding judge makes a specific verdict, and the presiding judge also has a certain degree of discretion.
Gu Chen said: "Wang Yongqiang can just give the opponent one knife, but at this time, we have to consider how Wang Yongqiang feels."
"Being bullied for a long time, and the fear of Liu Biao holding a knife in his hand, Wang Yongqiang I have never been able to beat Liu Biao, and I will be beaten every time I fight against Liu Biao.”
“Wang Yongqiang just heard his wife’s screams and knew that his wife was raped by Liu Biao. He also saw his wife fighting against him. He said he didn’t want to live anymore”
“Under such extreme emotions, anger, fear, and fear, Wang Yongqiang did not dare to give Liu Biao a chance to fight back. He only knew to kill Liu Biao. He If Liu Biao is not killed, Liu Biao will definitely kill him."
Gu Chen also knows that he may not be able to help Wang Yongqiang be innocent in this case.
It depends on how the judge decides in the end.
If Wang Yongqiang is sentenced to death or life imprisonment in the end, Gu Chen will do his best. Gu Chen just wanted to help Wang Yongqiang defend his innocence.
Gu Chen found cases from the past twenty years.
There have been some cases of self-defense in the past twenty years, but the final verdicts of these cases have not been the same. Exceptions, all were convicted of intentional injury.
In other words, although Article 20 of the Criminal Law stipulates the legal provisions of self-defense.
But in fact, in the specific judgment, this legitimate defense has never been used. At worst, it is an excessive defense. If it is slightly more serious, it can easily become manslaughter or intentional homicide.
Gu Chen looked at everyone and said: "I am a lawyer. I have sorted out the judgments and judicial practices of the past ten years. The Zhou Xianping case in 2014, the Jia Yunke case in 2015, and the He He case in 2016 The Feng case, the Cao Ailing case in 2017, etc. were all convicted of intentional injury.”
“I sometimes wonder why they are all convicted of intentional injury. There will always be a crime of intentional injury? The worst is excessive defense! "
"According to what the prosecutor just said, there has been no such sentence in previous cases, because we dare not violate the convention!"
"But if we face a new case, such as the current case of Wang Yongqiang, can we use the usual practice to impose penalties every time?"
"The law protects citizens' right to legitimate defense and protects every citizen. Fairness and justice! If the judgment is based on convention every time, then where is the fairness and justice that the people want? ”
“You can’t just judge based on convention!”
"When conventions do not apply, we must break conventions! Think about what kind of fairness and justice the people need! The law cannot deviate from fairness and justice!"
"The law should increase the cost of illegal crimes and reduce the cost of citizens' maintenance It is the responsibility of citizens to take action when protecting the legitimate rights and interests of themselves, others, and the public. Instead of asking citizens to think about whether it is legitimate defense and whether they should take action when they are in danger.”
"The law makes it more expensive for bad people to commit crimes, rather than making it more expensive for good people to take action!"
"The law should not give in to the law!"
"Just like this case ."
"Liu Biao casually hurt others, raped others, bullied and beat others, but Wang Yongqiang, who was bullied, had to tremble and think about whether he dared to protect his family and whether he dared to protect his family. Himself."
"If we want to confirm that Liu Biao takes action first and Wang Yongqiang takes action later, it is considered legitimate defense, then we may no longer see Wang Yongqiang."
"My speech is over, thank you everyone."
Gu Chen finished.
He basically said everything he could say in defense of Wang Yongqiang.
No matter what the final verdict is, Gu Chen has tried his best.
After Gu Chen finished speaking, there was thunderous applause.
There were people from all walks of life in the gallery, and they were all applauding at this moment.
What Gu Chen said makes sense.
The law should not give in to illegality!
The law is here to protect every citizen! !
Human feelings are not greater than national laws, national laws cannot suppress the laws of nature, and the laws of nature are nothing more than human relationships!
Gu Chen's words were so impactful that the whole audience was shocked!
(End of this chapter)