77. Chapter 77 How can a defense without stopping be considered excessive defense?

Author: don't touch me

Chapter 77 How can a defense without stopping be considered excessive defense?

Due to time constraints, Li Chen planned to go to the court of second instance to apply for a review of the case, and then discuss the issue of meeting with the previous defense lawyer.

Mainly because there is really no need to see him.

It took fifteen years to defend someone who was not guilty in the first trial. How can such a lawyer talk to him?

Half past ten.

When the car arrived at the entrance of the High Court of Second Instance, Liu Xiaoqin stabilized the car and turned to look at Li Chen in the back seat: "Lawyer Li, do you really not need to meet Lawyer Qi first?"

"Time is tight, so let's grade the papers first."

When Li Chen heard this, he replied expressionlessly, then opened the car door and walked out.

Take your lawyer's card and other relevant documents, go through the security gate and enter the interior of the court.

When a lawyer applies for review, he needs to submit the application in advance, but due to time constraints, the judge generously agreed to his request for review.

The second-instance judge is named Liu Wenjie, and she is a female judge.

Sitting in the conference room, Li Chen began to look through the prosecution materials from the District Attorney's Office: "Judge Li, I would like to ask, were the law enforcement videos turned on during the Wushu Association's law enforcement?"

"There must be this."

Li Minjie nodded when she heard this: "If you want to see it, I can call it out for you."

Students at Kyoto University of Political Science and Law…

He is still his junior brother...

Facing the judge's answer, Li Chen responded with a smile: "I'll take a look at the prosecution materials later."

Li Chen took out his notes and started recording.

The origin of the case at the District Attorney’s Office:

The victim and the defendant were drinking in a bar, because the defendant glanced at him and then picked up an ashtray from the wine table and hit him. The defendant then picked up a bottle to fight back, and was later pulled away by friends of both parties.

This is the real reason for being sued...

Seeing the other party's response measures, Li Chen helplessly shook his head.

Such small actions may be intolerable in the eyes of ordinary people, but from a legal perspective, they may be the cause of intentional harm.

But when a person encounters an inexplicable provocation, a reasonable response should not be a legitimate reason for intentional harm, right?

Not only did this remind him of the self-defense cases that caused a stir in the judiciary, it was also a common problem among law enforcement officers.

From the moment a criminal case is finalized, they will ignore human nature and rely on God's oracle to require that a person make the right choice, such as evading.

It's like what I said before, if you can't offend me, why can't you hide from me?

If the client's brother's first reaction after being hit was not to pick up the bottle and make a provocative action, but to ignore him, then the other party's subsequent provocation might be considered legitimate defense in the eyes of the judiciary, right?

There is no need to read further the prosecution materials from the District Attorney’s Office...

Li Chen put the pile of materials back into the document bag, then pushed it back to its original position to take the defendant's confession.

Is this all over?

Li Minjie didn't quite understand Li Chen's performance.

There was such a huge pile of materials. When the president of the trial court appointed her as the trial judge, he worked overtime to review the papers and did not dare to miss a single word.

"I would like to apply to see the video from the bar when the incident occurred."

After briefly flipping through a few pages, Li Chen pushed the defendant's confession back to its original position, raised his head and looked at the judge opposite and spoke.

"Don't you need to read the confession and information again?"

Hearing this, Li Minjie looked at him in disbelief.

"When I came back, the client had briefly told me what happened, and I actually knew almost everything."

Li Chen looked at the judge opposite and smiled.

The reason why I applied for marking again was just to verify my guess and see how much error there was in the real situation stated by the client.

As for the testimonies of friends on both sides, reading too much will only affect your judgment, so just don’t read them.

Based on the bar video and the defendant's confession, the scene can be completely simulated.

"Okay, just wait a moment and I'll have someone bring it to you."

Li Minjie stood up after hearing this and then walked out of the conference room.

Ten minutes later, Li Minjie came over with the computer in her arms: "The bar videos and the interrogation videos from the Wushu Association are all in this folder."

Li Chen stood up and took the computer: "Thank you."

Return to your original position, put the computer in front of you, and click the play button.

The whole complete picture emerges again:

The defendant and several friends were drinking in a bar when the victim came over.

A man tried to grab him, but the victim ignored the dissuasion and threw an object at the defendant.

Li Chen paused the video and recorded the behavior in his notebook:

To stir up trouble.

The victim's unreasonable attack on the defendant was the main factor that triggered the conflict. However, the defendant was affected by the surrounding environment and did not take correct and reasonable measures. Although he made a mistake, he was stopped by his friends. This can no longer be used as the trigger for the conflict.

Although the other party made a unilateral move to retaliate, it did not take action, and it cannot be understood as a deliberate provocation.

Continue playing video:

The defendant calmed down after being dissuaded by his friends, but the victim made a series of incredible actions.

At the end of the video, Li Chen continued to write notes:

However, the defendant's repeated forbearance has invisibly encouraged the victim's arrogance, which is the final factor in the conflict.

In this incident, the defendant's evasive behavior should be classified as emergency avoidance, so the behavior after the emergency avoidance should also be legitimate defense.

After taking notes, Li Chen looked at the female judge opposite: "Thank you, I have already recorded it. These materials can be moved back."

"OK…"

Li Minjie nodded when she heard this, and Li Chen looked at her: "Judge Li, what do you think about this case?"

"I have also studied it carefully for several days, and the case can be characterized as excessive defense."

When Li Chen asked, Li Minjie also expressed her own opinion: "The main reason for this case is that the victim provoked him first, and the defendant's defense methods obviously exceeded unnecessary limits."

Li Chen nodded when he heard this: "He shouldn't stab him with a wine bottle, right?"

"That's right."

Li Minjie nodded after hearing this.

"I wonder if Judge Li has thought about this issue?"

Li Chen pushed up his glasses and looked at Li Minjie: "The behavior of both parties has been a scuffle. The state at this moment is completely irrational. Then we can't think about this issue according to normal judicial definitions, right?

The main reason for the conflict was that the victim was drunk and causing trouble. Although the defendant's reaction after being hit was wrong, he did not implement it. He calmed down after being dissuaded by his friends, but still chose to laugh in the face of the other party's provocation.

Is admitting a mistake an emergency?

As for the latest definition of legitimate defense, doesn’t it mean that actions taken after emergency avoidance can be understood as legitimate defense?

Since you think it was an excessive defense, does it mean that in the early stage, you also recognized his behavior as legitimate defense?

The two sides struggled together and the other side did not stop, so this does not constitute excessive defense, right?"

Li Minjie:????

The intermediary’s question has actually been answered. As for the process, it’s really hard to write about...
Chapter completed!