Lawyer's character

"Have you been to Zhao Sanhua's house during the New Year's Day holiday?" Zhang Datou asked.

"My wife went there once on the morning of the New Year's Day holiday. At that time, she wanted to invite Zhao Sanhua and his wife to play cards at my house." Li Baoku said.

"Oh? Have they gone? I mean, have Zhao Sanhua and his wife gone to your house?" He opened his head with eyes shining and stretched his neck to ask.

"I didn't go." Li Baoku said.

"Didn't go? Why didn't you go?" He opened his head with disappointment in his eyes.

"The couple were packing their things and said they were going back to their parents' house to stay for a few days. They left around ten o'clock in the morning, probably in a hurry to have lunch," Li Baoku said.

"Did you see Zhao Sanhua in the next two days?" he asked with his head wide open.

"I haven't seen him. The door of his house is always locked, and the garage is always locked. I have seen his father twice. At that time, his father carried a bucket to his house to feed the dogs, once in the morning and once in the evening." Li Baoku said.

"Did you hear anything in the early morning of January 3rd?" he asked with his head wide open.

"I didn't hear anything. We were playing mahjong at home on the night of the 2nd. We didn't go to bed until almost twelve o'clock. It was cold and I slept too hard, so I didn't hear anything." Li Baoku thought for a while.

"What does Zhao Sanhua call you?" Zhang Datou suddenly asked.

"Call me Second Uncle." Li Baoku said smoothly.

Fang Yi frowned when he heard this.

Zhang Da's eyes lit up, and he felt happy in his heart, and asked: "Are you related?"

"No, my surname is Li and his surname is Zhao. They can't be hit by eight poles. They are just called casually in the village. I am the second eldest son in the family. Men of Zhao Sanhua's age in our village call me second uncle." Li Baoku explained. road.

"I'm done asking." Zhang Datou was angry, thinking that he and Zhao Sanhua were close relatives and could deny the authenticity of the evidence because of their close relatives. However, it turned out to be a monkey fishing for the moon, and all the joy was in vain.

"The defendant is questioning the witnesses." the female judge said.

"Witness Li Baoku, there is no one in Zhao Sanhua's family. How did you know?" Fang Yi asked.

"When people go in and out of my house, they always pass by his door. The door is locked, so there must be no one at home." Li Baoku said.

"What did you see on the morning of January 3rd?" Fang Yi asked.

Li Baoku scratched his head, thought for a moment and said: "That morning, I was watching TV at home when I heard the roar of a police car, getting closer and closer. When I went out, I saw that the police car went to Zhao Sanhua's house. Then I saw a The person was put into the ambulance and taken away directly. By the way, Zhao Sanhua came back later and his big dog was also taken away."

"Was the dog alive when it was taken away?" Fang Yi asked.

"No, that big dog is standing straight up. It must have been dead for a while." Li Baoku said.

"I'm done asking." Fang Yi said.

"Witness Li Baoku, please don't leave the court. Just sit down and listen. You are not allowed to move or make phone calls. After the trial is over, you sign the trial transcript. Now the plaintiff will cross-examine." The female judge said.

“The plaintiff does not accept the first piece of evidence. The certificate was issued by the defendant’s daughter-in-law’s natal village. It has a strong connection and its authenticity is not recognized.

The second piece of evidence, the surveillance video record, was not recognized by the plaintiff. The video record only recorded the situation at the front door of the hotel. If the defendant entered and exited through the back door, it would not be recorded, so the authenticity is not recognized.

The third piece of evidence, the witness's testimony, was not accepted by the plaintiff. The witness was a neighbor of the defendant and had a very close relationship, so his testimony was not authentic. Cross-examination completed. "He opened his head and said.

"After the defendant's application, this court went to the public security department to obtain the on-site investigation records and the police's final conclusion. This is the obtained material. You both can take a look at it for cross-examination.

According to the collected materials, the deceased Liu Cai bought a meaty pork bone at a pork stall in the village on the afternoon of the 2nd, and then used the poisonous meat bone to attract the attention of Zhao Sanhua’s big dog with the intention of poisoning the dog. Later, he climbed over the wall and was admitted to the hospital to engage in theft activities.

Later, after he climbed over the wall and was admitted to the hospital, the poisoned big dog stood up and bit him, finally biting off the blood vessels and trachea in Liu Cai's neck, causing Liu Cai's death. The police believe this was an accident and Zhao Sanhua does not bear criminal responsibility. "The judge said.

"The plaintiff believes that Zhao Sanhua should be liable for compensation regardless of his fault, because he raised the dog and the person died in his home. And even if Liu Cai entered Zhao Sanhua's house with the intention of engaging in illegal acts, he should be liable for compensation. A crime does not lead to death. Even if Zhao Sanhua does not have to bear criminal liability, he still needs to bear civil liability for compensation."

Zhang Da Nao refused to let go of the fact that Liu Cai was bitten to death by Zhao Sanhua's big dog, and wanted to lead the judge by the nose and let the judge sentence Zhao Sanhua to pay compensation according to his ideas.

"The defendant believed that Liu Cai knew that Zhao Sanhua's family kept a big dog, but still teased the big dog with poisonous meat bones, and wanted to poison the big dog before committing theft. He knew that there was a huge risk and he might be bitten or killed by the dog. Despite the situation, he still climbed over the wall and was hospitalized, and was eventually bitten to death by a dog.

Liu Cai voluntarily took risks and committed the theft, and the consequences should be borne by him alone and had nothing to do with Zhao Sanhua. "Fang Yi said.

…

"Now both parties will make their final statements, and the plaintiff will make his final statement." The female judge said with a tired look.

Zhang Datou still adhered to the principle of "whoever dies is justified" and stated his previous point of view.

"The defendant made his final statement." After the female judge finished speaking, she began to pack up the case files on the table.

Fang Yi prepared a statement and said: "...the defendant believes that the deceased Liu Cai should bear all the responsibilities, and the defendant Zhao Sanhua does not need to pay compensation to the plaintiff for the following reasons:

1. Liu Cai took advantage of the fact that the defendant and his family were not at home, climbed over the wall and was admitted to the hospital in the early morning. His behavior was an act of theft and burglary;

2. Liu Cai wanted to poison the defendant’s dog with meat bones. Although he did not poison him immediately due to the dose or properties of the poison, his behavior was premeditated and was aimed at provoking and harming the dog. According to common sense, Liu Cai was Before climbing over the wall and entering the house, you should have stepped on the spot and confirmed that Zhao Sanhua was indeed not at home and that there was a large dog in the yard.

3. Liu Cai clearly knew that there were large and ferocious dogs roaming freely in the defendant's courtyard, and climbed over the wall to break into the house to steal. This was a sign of overconfidence. He believed too much that the poisonous meat and bones could kill the dogs immediately, and he voluntarily assumed all the risks caused by it. .

4. People in the village generally have the habit of raising dogs to protect the courtyard. Many of them keep large fierce dogs such as Langqing. When there is no one at home, they will leave the dogs loose in the courtyard to play a role of guarding the courtyard and giving warnings. . Therefore, the defendant's behavior of raising wolves and green dogs at home was in line with the village's customs.

Under normal circumstances, the defendant's behavior of letting the dogs loose in the courtyard would not cause injuries, let alone kill people. Therefore, the defendant was not at fault for Liu Cai's death, and there was no connection between his behavior and Liu Cai's death. any causal relationship.

To sum up, based on the actual situation of this case, even if the defendant does not have any fault, he still needs to bear the responsibility for the dog biting people. This will undoubtedly increase the liability of the owner and indulge in illegal and criminal behavior. Ask the court to reject the plaintiff’s claim in accordance with the law.

The defendant is willing to ask the court to, on the premise of ascertaining the facts of the case, let the illegal person bear his due responsibility, so that the innocent people can live in peace of mind, and put an end to the absurd idea of ​​"whoever dies is justified."

Statement completed! "