Country Live Broadcast: Become a genius lawyer at the beginning

What happened made the system determine a very contradictory scene, since the evil prevailed, why the evidence could not be modified.

Could it be that there is no problem with the evidence of objective facts at all, the problem is that Xu Aixiang suddenly changed his confession.

Jiang Xiaobai understood, did he want to carry this pot himself?

Xu Aixiang said his mistake with remorse, and according to his train of thought, from the beginning of his invitation, a plan for Hannibal's death was formed in his mind.

After the two were stranded on a desert island, in order to survive, he was ready to sacrifice Hannibal, so he killed him while the other party was unconscious.

From the perspective of legal sentencing, killing a person and then eating his flesh constitutes the crime of intentional homicide, and eating meat constitutes an aggravating circumstance.

Failure to kill the person, but only cutting off a part of the meat to eat, constitutes the crime of intentional injury, and eating meat also constitutes an aggravating circumstance.

Eating the flesh of a dead person is an insult to the corpse of another person, and this act constitutes the crime of insulting the corpse.

In addition, the limit of emergency avoidance is that the act of avoiding danger must not exceed the necessary limit and cause undue harm, and the damage caused must be less than the rights and interests protected, but not equal to or greater than the rights and interests protected.

But Xu Aixiang himself said that he killed someone, so how could he prove it.

If no evidence can be adduced, none of the above assumptions are valid.

"I bit him to death.

As soon as Xu Aixiang's voice fell, Jiang Xiaobai was a little speechless, and the defendant changed his confession in court, and he could not easily influence the final result itself.

The Criminal Procedure Law stipulates that in all cases, emphasis should be placed on evidence, investigation and research, and confessions should not be easily believed.

Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and given a punishment, and where there is no defendant's confession and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

Witness testimony can be modified, but if you give false testimony, you will be held criminally responsible.

A criminal case includes a lot of evidence, such as the defendant's confession, physical evidence, witness testimony, and appraisal documents, and changing the testimony of a single witness alone has no decisive impact on the case, and it is impossible for the verdict to be changed.

In Xu Aixiang's eyes now, it is clearly a deformed transcendent friendship between them, which leads to tragedy and suspicion.

The judge looked at Xu Aixiang incredulously, then at Jiang Xiaobai, and asked him if he had anything to add.

"As for our client's self-report, these do not constitute strong evidence that he did commit the killing, and I will not add much to this point, and I believe that the law will verify it. "

I did my best, then whatever Xu Aixiang said.

However, Jiang Xiaobai raised his voice and told everyone in the trial what really happened:

"History is always similar, in 1846, a total of 87 people from the Donner Brigade of Country M set off from the eastern part of Country M in the spring of that year, planning to reach California in six months, which required a distance of nearly 3,000 kilometers.

But the most important thing is that everyone must cross the Sierra Nevada before the snow covers the mountain, or they will freeze to death on the way, and everyone believes that there is fertile land in California waiting for them to reclaim and rebuild their homes.

But there are unforeseen circumstances in the sky, and people have good and bad luck, because they want to shorten the journey, they take a new road that they have never tried, but in the end they backfired and were sealed in the snowy mountains.

In the end, only 48 of the 87 people were saved, 39 died, and what was even more tragic was that many of the dead people's bodies were eaten, because these people were so hungry that even the bystanders did not want to believe it when they returned, but the truth was the truth.

Everything you do is to live, to test human nature at the moment of life and death, then most of what you face will be the evil in human nature.

But from another point of view, if my client is any person present today, who dares to guarantee that he can always stand on the moral high ground, and would rather starve to death than take emergency means of avoiding danger, everyone is not qualified to point fingers at a living person with the will to survive.

Zhao Yanzhi was silent.

When Jiang Xiaobai moved out of the emergency to avoid danger again, he felt that the success rate of this defense was not high, and he heard that this kid had a case about eating golden monkeys before, and he also won the case.

The déjà vu situation is in front of us.

Even if Xu Aixiang has a strong motive to kill, due to the lack of effective evidence, the final trial result will follow the principle of "no guilt in doubt" and a not-guilty verdict.

"Never guilty in doubt" refers to the fact that in criminal proceedings, the procuratorate shall make a decision not to prosecute where the facts of the criminal suspect's crime are unclear and the evidence is not credible or sufficient, and criminal responsibility should not be pursued.

On the basis that the criminal conduct of the prosecuted defendant cannot be proved, nor can the suspicion that the prosecuted defendant committed the prosecuted criminal act be completely ruled out, the principle of presumption of innocence is used to presume the innocence of the prosecuted defendant from the procedural and legal perspectives

Generally speaking, whether the new evidence is submitted in court or within the time limit for presenting evidence needs to be decided according to the notice of acceptance of the case given by the court to the parties or the time limit for presenting evidence in the notice of response to the lawsuit.

If there is no provision, then it can be submitted in court.

This ended the arguments between the two sides, and the court finally decided to announce the verdict at a later date.

Xu Aixiang is very weak, and he can win the lawsuit, but he has to make it more difficult for himself.

Jiang Xiaobai said with relief: "Self-blame is just a way to redeem yourself, but at any time, don't fall into it because of self-blame and can't extricate yourself, otherwise Hannibal, who is eaten, will feel that you have eaten him in vain." "

When it comes to cannibalism, the law will no longer be able to restrain society, even in developed countries, if there is a food shortage and famine, the first thing to collapse in the social system is the law, that is, the bottom line of morality.

This kind of ghostly logical comforting words came out of Jiang Xiaobai's mouth, which shocked Xu Aixiang, who was sad at the time.

However, he still thanked Jiang Xiaobai for his efforts.

The three good friends have become the current situation, which is both regrettable and helpless.

Two days later, the court's verdict was released.

Because the evidence submitted by the plaintiff is insufficient, it cannot be proved that the defendant committed the crime of intentional homicide, so the crime is not established, and combined with all the evidence collected so far, it cannot be proved whether the defendant's testimony is true, and the defendant's behavior is in line with emergency avoidance, and there is no doubt about the crime, so there is no need to bear criminal responsibility, but civil compensation needs to pay tens of thousands of yuan to the plaintiff's family.

This result was expected by Jiang Xiaobai, as for how he should face Liang Mei next, that was his business.

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