88.Chapter 87 Justifiable defense of counter-killing nature?

Author: don't touch me

Chapter 87 Justifiable defense of counter-killing nature?

The next day.

Half past nine.

Li Chen woke up from his sleep and prepared to set off.

The agreed time to hand in the defense draft is 10:30, so there is no need to get up too early.

I simply washed up, tidied my suit, put on my glasses, took the prepared defense manuscript, and got ready to go out.

Li Chen was very satisfied with the defense draft.

If nothing unexpected happens, you basically won't lose.

He opened the door and knocked on the door opposite.

"Squeak."

The door opened from the inside. Qi Huaian brushed his teeth and looked at Li Chen and said hesitantly: "You go first."

"Not a piece?"

"I still have some work to do here, so I'll go back later."

Qi Huaian made excuses to send him away, but he felt extremely repulsive in his heart to submit his defense draft with this ruthless man.

What if I have to bleed all over myself?

Stay away, stay away…

When Li Chen saw this, he nodded: "Okay," then turned and left.

Come to the elevator, press the button, wait for the elevator to come up and walk in.

"Lawyer Li, didn't Lawyer Qi come out with you?"

Li Qin was waiting at the door and was a little confused when she saw Li Chen alone.

"He said there is something else, let's go first."

Li Chen was a little disdainful of Qi Huaian's reasons.

They are all foxes of thousands of years. Why are you playing with me here?

It is false to have something temporary, but it is true to be afraid of one's own harm.

Sitting in the car, Li Chen took another look at his defense draft.

Added the question of attempted murder to Yang Hao's question.

In terms of behavior, Yang Hao's abnormal behavior, coupled with the reactions and confessions of other people in the bar, can also be considered this way.

He keeps provoking him again and again but he doesn't dare to take action. He just thinks about irritating the other party and legitimately kills others.

Unfortunately, he made two biggest mistakes:

First, legitimate defense caused by intentional provocation cannot be regarded as legitimate defense.

Second, if you can't beat others, you will be killed by others accidentally...

At nine-fifty, the car arrived at the entrance of the Intermediate Court. Li Chen got out of the car with his document bag and entered the court through the security gate.

At ten o'clock, Li Chen formally met with judge Wu Lei and followed him to the conference room.

Wu Lei took the defense draft and took a look at it first.

Um??

Take another look.

Yang Hao wanted to kill Liu Xiaohui from the beginning?

Then I started to carefully review the defense draft from the beginning:

1. The origin of the case and the nature of Yang Hao.

The main reason for this case was the overall incident of self-defense caused by Yang Hao's drunkenness and provoking troubles.

Before the case started, Yang Hao hit Liu Xiaohui with something on the grounds that he was provoking him. Liu Xiaohui was about to fight back with a bottle, but was stopped by his friend.

However, Yang Hao used this excuse to continuously infringe on Liu Xiaohui's legitimate rights and interests, and even used threatening words and actions to make him stay.

1. Yang Hao’s behavioral judgment:

(1) Yang Hao threw the wine bottle and pushed the sofa, forcing Liu Xiaohui's whole body to be in a tense state.

(2) Use behavioral and verbal threats against those who come to start a fight, so that others do not dare to step forward to stop the conflict.

(3) Based on the comprehensive judgment of multiple consecutive behaviors, Yang Hao’s behavior was not irrational.

2. Liu Xiaohui’s behavior.

(1) Real reactions to emergencies.

Before being provoked, Liu Xiaohui tried to fight back against Yang Hao with a wine bottle. It can be verified that he was not a person with extreme ambition, and there was no idea of ​​using legitimate defense to deliberately kill Yang Hao.

(2) Being stopped by friends.

When he picked up the wine bottle, he immediately stopped his violent behavior and calmed down after being persuaded by his friend.

(3) Acknowledging mistakes in the face of provocation is an act of emergency avoidance.

When faced with Yang Hao's deliberate provocation, Liu Xiaohui, who was the offended party, kept apologizing and smiling, hoping to resolve the conflict in this way, which was a kind of emergency avoidance.

4. Confessions of others,

Judging from the martial arts association's confession, there is a clear contrast with Yang Hao's threatening behavior.

Evidence: There is a vague description on the first page of the bar owner's confession.

Friends on both sides are clearly described.

Video evidence:

Video: 20:39 seconds to 20:41 seconds.

Among them, Yang Hao also threatened a person with a wine bottle who wanted to come forward to dissuade him.

4. Justifiable defense.

The original intention of legitimate defense is to prevent the other party from infringing on oneself. In the case, Yang Hao deliberately provoked Liu Xiaohui and continued to drink and cause trouble in the face of Liu Xiaohui's apology. However, Liu Xiaohui's repeated attempts to avoid danger were fruitless and he lost his life.

Friends, the buffer point of conflicts, are a normal reaction to being in danger for a long time. Their purpose is only to make Yang Hao lose the ability to resist and prevent the other party from continuing to infringe on him.

During the whole process, Yang Hao and Liu Xiaohui were beating each other. After the beating, Liu Xiaohui did not continue the beating, but let him go.

Overall event:

Yang Hao first used verbal provocation, which was the fault of the party, and then used verbal threats to prevent Liu Xiaohui from leaving, which is restricting the freedom of others.

As for Liu Xiaohui's counterattack, the act should be considered legitimate defense, and the purpose was not to kill the victim (as can be seen at the end of the video), so it did not fall into the category of intentional injury of excessive defense.

Seeing the end, Judge Wu Lei felt a little numb.

Although the other party's behavior is only a hypothetical definition, with the support of other people's confessions and actions in the video, this hypothesis can also become qualitative.

In other words, Yang Hao's own purpose was to kill Liu Xiaohui.

Are you saying that you are not?

No one around him dared to start a fight, but you still said you didn't want to kill him?

But the biggest problem is that the victim is already dead, and people who really know the case are afraid that he will actually commit the crime. This is also a disguised admission of the facts of his behavior.

It was also at this time that Wu Lei understood why the second instance asked them to retry it instead of hearing it directly...

This gives them the opportunity to change the court of first instance.

"Okay, I understand, you can go back."

Putting down the defense draft, judge Wu Lei looked at Li Chen and said.

After I finished reading it, I put the pressure on the District Attorney's Office.

However, initially, the District Attorney's Office has little chance of winning, unless it performs exceptionally...

Because this thing is completely unconfirmed. Only the victim himself knows whether he wanted to kill the other party or others, right...

Ten twenty.

Qi Huaian came to the trial court with his defense draft and successfully met with Wu Lei.

Sitting in the reception room, Wu Lei also looked at the other party's defense draft very seriously, and the more he looked at it, the more dissatisfied he became.

There is no comparison between this lawyer and a lawyer...

Compared with the previous lawyers, he is a piece of shit.

Last time the whole thing was written around both sides, this time it is still written around the other side, and I don’t know how to adapt it at all.

Wu Lei, who was a little angry, also reprimanded him, leaving Qi Huaian sitting there in confusion.

You guy, did you take the wrong medicine?
Chapter completed!