Lawyer's character

"How did you know?" The old lady was still calm, but her eyes were fluctuating greatly, full of doubts.

"Director Wan told me personally that he actually wanted to quit drinking, but couldn't help it..." Fang Yi said.

"Thank you!" the old lady nodded.

The conversation had reached this point, and Fang Yi felt that there was no need to continue the conversation, so he stood up and left the cafe.

The second trial of Lu Chen's intentional injury case finally started. There were many people sitting in the auditorium, most of them were Lu Chen's friends, and Lu Chen's parents were among them.

The Provincial High Court sent three male judges to form a collegial panel to hear the second instance of Lu Chen's intentional injury case. After the previous procedures are completed, the presiding judge begins court investigation.

"Now, the appellant Lu Chen will state the reasons for the appeal first," the presiding judge said.

"My friends and I were suddenly beaten by a group of people on the way to a restaurant. We fought back purely to protect ourselves. My behavior was excessive defense. The court of first instance sentenced me too harshly. I asked the court to Give me a lenient punishment." Lu Chen was a little depressed and his voice was low when he spoke.

Before the trial, Fang Yi went to the detention center again and told Lu Chen the defense plan. Lu Chen wanted Fang Yi to plead not guilty for him, but Fang Yi disagreed and only agreed to plead guilty to a lesser crime.

Although Lu Chen didn't want to go to jail, things had happened. The court of first instance had sentenced him to fifteen years. He also understood that it was unlikely that he would be acquitted in the second instance. After much thought, he finally agreed with Fang Yi's defense.

"The defense lawyer will publish the reasons for the appeal below," the presiding judge said.

“The defender believes that the facts of the first-instance judgment were unclear and the law was improperly applied.

The appellant Lu Chen deliberately injured the body of the victim Zou Minglong in order to stop the ongoing illegal infringement. His behavior was a legitimate defense, but his defense obviously exceeded the necessary limit, resulting in the death of the victim. His behavior constituted the crime of intentional injury, but he should be punished according to law. The punishment will be reduced..." Fang Yi said.

"Appellant Lu Chen, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked.

"I have no objection to the charges found in the first-instance judgment, but I have objections to the facts found. My behavior was excessive defense, but the first-instance court found that we were fighting each other, which is not consistent with the actual situation." Lu Chen said.

"The prosecutor asked the appellant questions about the facts found in the first-instance judgment," the presiding judge said.

The male prosecutor looked at Lu Chen: "Appellant Lu Chen, what did you use to stab Zou Minglong, the other victim?"

"Switch knife." Lu Chen said.

"Do you have the habit of carrying a switchblade?" the male prosecutor asked coldly.

"No." Lu Chen replied.

"Since you don't have the habit of carrying a switchblade, why did you have a switchblade with you on the night of the crime?" the male prosecutor asked.

"I did it just in case." Lu Chen said.

"Just in case? Who to guard against?" the male prosecutor asked.

"It's for flood control. I had some conflicts with him in the bar before. I was afraid that he would retaliate against me," Lu Chen said.

"Presiding judge, I'm done asking!" the male prosecutor said.

"The appellant Lu Chen's defender asked a question," the presiding judge said.

"Appellant Lu Chen, do you know the victim Zou Minglong?" Fang Yi asked.

"I don't know." Lu Chen said.

"Do you know why Zou Minglong led others to beat you?" Fang Yi asked.

"I didn't know it before, but I found out later during the first trial that Zou Minglong was ordered by Hong Fangzhou to retaliate against me," Lu Chen said.

"What was the situation at the time of the crime?" Fang Yi asked.

"It was about two o'clock in the morning. A few friends and I came out of the bar and went to a restaurant for a late-night snack. As soon as we got off the bus, a group of people beat us with sticks. At that time, a friend next to me was knocked to the ground with a stick. We were all fooled, and then we both fought together..." Lu Chen briefly explained the situation at that time.

"That is to say, it was the victim Zou Minglong who led the attack first. Your purpose was to have a midnight snack. You had no idea what was going on. Suddenly your companion was knocked down, right?"

"Yes." Lu Chen said.

"Presiding judge, I'm done asking." Fang Yi said.

Fang Yi's question was very clear, telling the judge that the appellant Lu Chen was singing and chatting on his way to eat supper when he was suddenly attacked by a group of unknown people and fought back in self-defense. The victim died. This is essentially over-defense, not some bullshit fight at all.

"Now the court will proceed with the presentation of evidence and cross-examination. Do the prosecution and defense parties and the appellant have any new evidence to submit?" the presiding judge asked.

"No." Sanfang replied.

…

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should mainly focus on determining the crime, sentencing and other controversial issues. Let the appellant speak first." The presiding judge said.

"My behavior was excessive defense. The court of first instance sentenced me to fifteen years. The sentence was too harsh. I request the court to change the sentence in accordance with the law..." Lu Chen said.

"The defender of the appellant Lu Chen has spoken," the presiding judge said.

"Presiding Judge, Judge: Please allow me to express my deepest condolences to the victim (after all, the deceased is the most important, and it is a public trial, so necessary superficial work must be done to avoid stirring up hatred).

According to the evidence provided by the prosecutor of the first instance, the appellant was suddenly attacked by unknown persons on his way to a restaurant for a late-night snack. In order to protect himself, he had to fight back, resulting in the tragic death of the victim.

However, judging from the facts, the appellant's behavior was indeed for self-protection and did not intentionally conflict with the other party. Therefore, the appellant's behavior should be classified as excessive defense rather than a premeditated fight. The defender recommended that the appellant Lu Chen be sentenced to probation. complete. "Fang Yi said.

"The prosecutor will now speak," the presiding judge said.

"Presiding Judge and Judge: We believe that one of the requirements for the establishment of legitimate defense is that the direct purpose of the defensive behavior is to stop the illegal infringement. After the illegal infringement is stopped, defensive behavior cannot be continued.

The appellant Lu Chen stabbed the victim several times in the chest with a knife, and chased the victim after he escaped. Therefore, Lu Chen had obvious intention to harm others, and his behavior was consistent with the criminal constitution of the crime of intentional injury. The court of first instance found the fact It is clear that the sentence is appropriate and the court is requested to reject the appellant’s appeal in accordance with the law. complete. "The male prosecutor said.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"We believe that after Lv Chen had a conflict with Hong Fangzhou in the bar, he returned to the car to take the switchblade with him, and then returned to the bar. His behavior had a clear intention to harm others. Later, Lv Chen and others interacted with Hong Fangzhou There was a conflict between Zou Minglong and others directed by Fang Zhou, and Lu Chen drew a knife and stabbed the victim Zou Minglong. His behavior did not constitute legitimate defense and should be a fight. Therefore, Lu Chen's behavior did not constitute excessive defense," said the male prosecutor.

“The defender can respond to the prosecutor’s opinions,” the presiding judge said.