If you buy fake goods online, you can buy an additional one million! Chapter 78 Those who work for everyone, don't let them freeze to death in the wind and snow!
Chapter 78 Those who work for everyone, don't let them freeze to death in the wind and snow!
As the saying goes, you can't escape the first day of junior high school, but you can't escape the fifteenth day.
As the saying goes, if you can avoid your pig teammates, you can't avoid the idiots who lick the dogs.
A good mediation was messed up like this. Zhang Wei was very angry and depressed.
But the matter has come to this, and there is no other way.
He could only seize the time to sort out his defense ideas and prepare for the trial.
Although in Zhang Wei's opinion, this guy has the advantage, after all, he is facing the man, so he has to treat it with caution.
Time flies by and the court day arrives.
At around 9:40 in the morning, Jiang Bai met Luo Dazhuang at the entrance of the court and walked into the criminal trial court together.
Soon, sisters Zhang Wei and Liu Yiyi also appeared in the dock.
Ten o'clock sharp.
"winter!"
Judge Chen Zhonghan banged the gavel.
Everyone stopped talking immediately, and the court fell silent.
Chen Zhonghan glanced at it, okay, it's that familiar face again.
He is really a tough plaintiff and a slutty defendant.
He gathered his thoughts and spoke in a deep voice: "In accordance with the provisions of Article 232 of the Criminal Law, the Criminal Tribunal of the Binjiang District People's Court of Longcheng City, Jiangsu and Zhejiang Province publicly tried the defendant Liu Yiyi and Liu Feifei's attempted intentional homicide in accordance with the law."
Next, the clerk reads out the court discipline and verifies the identities of the defendant, plaintiff, and lawyers for both parties.
Then, Chen Zhonghan looked at the plaintiff's table: "Please ask the plaintiff's lawyer to read out the indictment."
Luo Dazhuang stood up and began to read:
“...The defendants Liu Yiyi and Liu Feifei were walking their dogs without a leash, causing their pet dogs to slip and fall into the river. However, they falsely claimed that someone had fallen into the water, and in a deceptive way, they induced our client to go into the water, causing our client to be in a dangerous situation.
Dangerous situation..."
"..."
After Luo Dazhuang explained the reasons for the murder, he said solemnly: "Therefore, I request the judge to convict the defendant of attempted intentional homicide, sentence him to five years in prison, and compensate our client for the total mental loss, medical expenses, property losses, etc.
20,000 yuan.”
Luo Dazhuang's voice was as loud and powerful as ever.
In the dock.
After hearing the word "five years", the two sisters turned pale with fright and lost their minds.
My sister Liu Feifei even cried on the spot.
They would never have thought that just taking "Puff" out for a walk as usual would lead to this situation!
"Don't worry, this is just the plaintiff's claim, not the result of the verdict."
Zhang Wei tilted his head slightly and whispered: "Remember what I told you before the trial. You must do what I say and don't mess around! Be sure and don't mess around!"
"Uh-huh!"
The two nodded quickly.
They can only trust and rely on Zhang Wei.
And Zhang Wei has indeed made full preparations.
He is confident.
At this time, Chen Zhonghan looked at the defendant's seat: "Defendant, do you have any objections to the plaintiff's accusations?"
Liu Yiyi took a deep breath, followed Zhang Wei's instructions, and said: "I admit that in this incident, I did make some mistakes, which caused the plaintiff to misunderstand, causing harm and losses."
"I'm deeply sorry for this."
"I'm sorry!" The two sisters bowed deeply to Jiang Bai together, with sincere attitudes.
Then Liu Yiyi continued: "But please believe me, your honor, that I definitely didn't do it on purpose."
"We were really too anxious at the time, so we made some mistakes."
"I am willing to pay compensation to the plaintiff and promise to never do it again in the future. I just hope to get the plaintiff's understanding..."
This set of rhetoric was completely based on Zhang Wei's instructions.
It is necessary to admit your mistakes and sincerely apologize.
You must have a correct attitude in court so that you can leave a good impression on the judge and jurors.
Legal provisions are dead, but the application of legal provisions in examples is flexible.
Especially in this case, there is huge controversy, so the impression score will affect the final judgment to a certain extent.
This point is particularly important.
Taking the lead in impression points and sympathy points will lay a good foundation.
Of course, while apologizing, one must clearly deny subjective malice and intentional murder attempts.
After Liu Yiyi finished speaking, Zhang Wei stood up and said: "Dear Judge, fellow jurors, as the defender of the two defendants, after accepting the commission, I specifically learned about the details of the case from the police station handling this case, and
Ask our client for details of the process.”
"I believe that our client did not commit intentional homicide!"
"The plaintiff does not have any evidence to prove that our client committed a crime and requests the court to dismiss the plaintiff's private prosecution in accordance with the law."
Chen Zhonghan nodded slowly and said: "The defendant admitted that he made a mistake in this incident and is willing to bear the liability for compensation. However, the two parties have different opinions on the determination of attempted intentional homicide."
"Now let's move on to the debate."
Zhang Wei was the first to start his defense: "According to the provisions of Article 232 of the Criminal Law, attempted intentional homicide refers to an act that intentionally and illegally deprives another person of life but fails due to reasons other than the will of the perpetrator."
"We have to pay attention to an important point here, intentionality!"
"But our client did not do it subjectively and intentionally."
"One of the key points in this case is that our client called us 'sister' when calling for help. This is also the key to the plaintiff's misjudgment."
Zhang Wei held up a piece of evidence and said: "Here is a piece of evidence. This is a short video uploaded by our client on Douyin, recording their daily life with their pet dog Puff. The earliest video was from January last year, and in these videos
, our client calls the pet dog sister."
"In other words, our client did not change his name subjectively and intentionally to cause others to misjudge, but he did it habitually. How can this constitute an attempted intentional homicide?"
"In addition to physical evidence, I also have human witnesses. Your Honor, I request that Witness No. 1 be summoned to testify."
Chen Zhonghan nodded: "Agree."
Soon, witnesses appeared in court.
She is the neighbor of Liu Yiyi and Liu Feifei, an aunt in her sixties.
After the aunt's testimony, it can be proved that the Liu Yiyi sisters have always called their pet dog "sister" and they did not change the name intentionally at that time.
Since the name was not changed intentionally, how could there be any subjective intention to illegally deprive others of their lives?
The advantages are further increased.
"Plaintiff, what do you have to say about this?" Chen Zhonghan looked at the plaintiff's table.
Luo Dazhuang said calmly: "I completely agree with the defense lawyer's evidence."
Hearing this, the corners of Zhang Wei's mouth slowly rose.
This game is a great start, how can we lose?
Sisters Liu Yiyi and Liu Feifei also looked happy.
But then, what Luo Dazhuo said immediately made their expressions freeze.
"But unfortunately, the defense lawyer's evidence is not the key to our prosecution."
"Our conclusion that the defendant had subjective malice was not derived from the title 'sister', but from the sentence before this sentence."
"When our client arrived at the scene, he asked: Did someone fall into the water?"
"And defendant No. 1 answered clearly: Yes, yes!"
Luo Dazhuang smiled slightly and continued: "What the defendant calls her pet dog is her freedom and no one can interfere with it. However, when our client asked if anyone had fallen into the water, she gave a clear and affirmative answer.
Answer!"
"This is enough to prove that she has subjective intention!"
"Defendant No. 1 was worried that our client would know that the person who fell into the water was a dog and would not help, so he deliberately lied and claimed that the person who fell into the water was a human!"
Zhang Wei's expression changed slightly.
As expected of Luo Dazhuang, the angle of his attack was tricky, which he did not expect.
However, Zhang Wei quickly calmed down and said: "Our client is just a young girl in her early twenties. She will inevitably panic when something happens. However, the pet dog 'Puff' has lived with our client for several years, and both parties have already known each other."
A deep relationship was established.”
"Concern leads to chaos. Our client will inevitably panic when he is in a hurry. This is human nature."
The focus of Zhang Wei’s defense is still to be non-subjective, non-intentional and non-malicious!
As long as this is proven, it is very likely that Liu Yiyi and Liu Feifei will be found not guilty.
Luo Dazhuang said: "The defendants are adults with full capacity for civil conduct. They should realize that sending wrong information to others may cause others to rush to save people and not have time to think carefully.
Entering the water may cause danger."
"But they still choose to do this, which is allowing danger to happen!"
"This is not something that can be clarified by simply saying, 'care leads to chaos.'"
Zhang Wei immediately responded: "As the prosecution lawyer said, our client is an adult with full capacity for civil conduct, so why is the plaintiff not the same!"
"The plaintiff should have known that jumping into the river would put him in danger, but he still did it. This shows that the plaintiff was aware of the risks of this behavior."
“According to the ‘voluntary risk principle’, the plaintiff already knows that there is a risk and takes the risk voluntarily. Then, when the risk occurs, he should bear the responsibility and bear the consequences of the damage.”
I have to say that Zhang Wei's on-the-spot performance was indeed outstanding.
He actually seizes on Luo Dazhuang's arguments to refute his point of view.
But Zhang Wei didn't notice that when he was making a generous statement, the corners of Luo Dazhuang's mouth slowly raised an arc.
The young man was still too young and thought he had found Luo Dazhuang's weakness. Little did he know that this was Luo Dazhuang's deliberate attempt to lure him into taking the bait!
As soon as Zhang Wei finished speaking, Luo Dazhuang immediately stood up and said:
"Our client's behavior was a righteous and courageous act. It was based on the premise that he thought the person who fell into the water was a human being. Out of the importance of human life, he ignored the danger and went into the water to save people!"
"The state encourages and supports courageous acts of righteousness, and has specially formulated the "Regulations on Rewards and Protections for Persons Who Serve Brave People"!
Luo Dazhuang said loudly: "Those who work for everyone should not be allowed to freeze to death in the snow!"
"Being brave when it comes to justice means taking risks to help others and rescue others. This is an act of great kindness and justice!"
"This is an act of promoting social righteousness and a manifestation of practicing the core socialist values. Everyone who acts bravely should receive spiritual encouragement, material rewards and protection of rights and interests."
“According to the defense lawyer’s point of view, doesn’t it mean that everyone who acts bravely for justice must take risks at their own risk?”
"If this is the case, wouldn't it chill the hearts of those who are brave enough to do what is right?"
"In this case, will there be anyone in our country who will act bravely for justice in the future?"
These words are deafening and profound!
Several jurors nodded slowly, thoughtfully.
Seeing this, Zhang Wei's heart skipped a beat and his brows furrowed.
He knew that he had made a bad move.
In fact, when Zhang Wei mentioned the principle of willing to take risks, he already realized that something was wrong.
It's a pity that if you say it out loud, it will be like water thrown out, which cannot be undone.
Liu Yiyi and Liu Feifei were also panicked again.
Although they didn't understand the law, they could see that the situation seemed to be unfavorable to them.
…
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