Lawyer's character

"The public prosecutor can question the defendant about the criminal facts charged in the indictment," the presiding judge said.

"Defendant Ren Yujiang, what did the victim do after he arrived at your hotel on the day of the crime?" the prosecutor asked.

"They brought five or six people to the hotel and asked me to set up a banquet to apologize to him. They also threatened that if I didn't set up a table to apologize, they would come to the hotel every day to make trouble and make me lose business." Ren Yujiang looked at the prosecutor and replied.

"How did you respond to the victim's request?" the prosecutor asked.

"I didn't agree, and then I took out my mobile phone and told them to call the police if they made trouble again." Ren Yujiang said.

"Did you call the police?" the prosecutor stared at Ren Yujiang and asked.

"At that time, Xiang Huai suddenly stabbed me with a watermelon knife. I started fighting with him before I could call the police." Ren Yujiang said calmly while looking at the floor in front of him.

"Where did the sharp knife in your hand come from?" the prosecutor asked.

"I took it from the kitchen. I was in the kitchen at the time, and the waiter told me that Xiang Huai had come to cause trouble again. I was afraid of an accident, so I grabbed a sharp knife." Ren Yujiang told the truth and did not hide anything.

"What accident are you afraid of?" the prosecutor asked.

"Because Xiang Huai and Che Yong came to the store to cause trouble once before, and I beat them away. This time they brought people and guys over. I was afraid that I would suffer a loss if they got into a fight." Ren Yujiang explained.

"What did you do after you were chopped?" the prosecutor asked.

"I was stabbed twice, and I became anxious at that time. I took out a sharp knife and stabbed Xiang Huai. He slashed me, and I stabbed him. Later, the two of us became entangled.

When Che Yong saw the two of us fighting, he hit me with a wooden chair in the store. I dodged and stabbed him with my backhand..." Ren Yujiang recounted the situation at that time.

"You held Xiang Huai down and after you controlled him, did you continue to stab him with a sharp knife?" the prosecutor continued to ask.

"Although I pushed him to the ground and pressed him with my body, his hands were not idle and kept slashing me with a watermelon knife, so I also stabbed him with a sharp knife. Until I took the watermelon knife in his hand Seize it and the police will come." Ren Yujiang argued.

"Presiding judge, the prosecutor has finished asking questions." After the prosecutor finished speaking, he looked at the presiding judge.

"The defendant's defender will ask the defendant questions next?" After the presiding judge finished speaking, he looked at Fang Yi with calm eyes.

"Defendant Ren Yujiang, why did the victims Xiang Huai and Che Yong come to your store to cause trouble on the day of the incident?" Fang Yi asked.

"Xiang Huai owed me money for the meal in the store. Later, he came to the store to eat again. I asked him for money. He felt that I had lost his face, so he resented me. A few days later, he brought Che Yong to the store to cause trouble. I was driven away.

On the day of the accident, in order to retaliate against me, he found a group of people to come to my store to cause trouble, and wanted me to set up a table to apologize to him. "Ren Yujiang said.

"Why didn't you call the police immediately after you learned that Xiang Huai brought someone to the store?" Fang Yi asked.

"I feel that calling the police may not solve the problem. There are many such things on the ground, such as diners getting a few worms in their dishes to extort money. It would be best if both parties could reconcile. After all, the police station is not run by our family. Yes, and since we are in the catering business, we are very defensive and there is no need to call the police unless it is absolutely necessary." Ren Yujiang explained.

"You didn't reach an agreement at the time, so who made the move first?" Fang Yi continued to ask.

"At that time, I was afraid that they would smash things in the store and hurt people, so I picked up my mobile phone and prepared to call the police before we could reach an agreement, but I didn't expect that Xiang Huai suddenly slashed me with a watermelon knife. It was Xiang Huai who made the move first," Ren Yujiang said. .

"After you snatched Xiang Huai's watermelon knife, did you stab him or chop him with the knife again?" Fang Yi asked.

"No, I just grabbed the watermelon knife when the police arrived. I was already out of strength, and I was holding on with just one breath. I didn't stab Huai again. Later, I was pulled aside by the police to wait for an ambulance." Ren Yujiang said .

"Presiding Judge, the defender has finished asking questions." Fang Yi said.

Since you want to plead not guilty, you must have factual and legal basis, and the facts of the case are the basis, so Fang Yi wants to ask several key points.

"The following is the presentation of evidence and cross-examination. Do the prosecutors, defenders and defendants have any new evidence that needs to be submitted?" the presiding judge asked.

"No." All three parties replied.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "The presiding judge said in a routine manner.

"Presiding Judge, Judge: ...The prosecutor believes that after the defendant learned that the victim had brought someone to the restaurant, he immediately realized that the two parties could not reach an agreement and there was a possibility of a fight, so he took a sharp knife from the kitchen and made preparations. It can be seen that the defendant had subjective intention to fight and objectively made preparations for the fight.

Subsequently, negotiations between the two parties broke down. Although the victim attacked Huai first and slashed the defendant with a watermelon knife, the defendant was prepared and immediately took out a sharp knife to fight back. During the fight, the defendant stabbed the two victims to death until the police arrived at the scene. Control the defendant. It can be seen from this that the defendant had a laissez-faire attitude when committing the above-mentioned fighting, and his behavior directly caused the serious consequences of the death of two people.

The prosecutor believed that the defendant committed intentional homicide. Considering that the victim also had certain faults, it was recommended that he be sentenced to death with a two-year suspended sentence. complete. "After the prosecutor finished expressing his opinion, he glanced at Ren Yujiang sitting in the defendant's seat. The latter was obviously startled, but there was not much emotion shown on his face.

…

"The defendant's defender expressed his defense opinion." After the defendant presented his own defense, the presiding judge continued.

Fang Yi organized his speech and said: "Presiding judge, judge: The defender believes that the defendant Ren Yujiang does not commit a crime and constitutes special legitimate defense. The reasons are as follows:

According to the provisions of Article 20, Paragraph 3 of the Criminal Law, taking defensive actions against an ongoing violent crime such as murder, robbery, rape, kidnapping, or other violent crimes that seriously endanger personal safety, resulting in casualties or casualties of unlawful infringement, does not constitute defense. If it is excessive, you will not be held criminally responsible.

The purpose of the above provisions is to enable law-abiding people to take defensive actions in the face of violence that seriously endangers their personal safety without worrying too much about the means and results of the defense.

The purpose of its legislation is to encourage the people to fight violent crimes that seriously endanger citizens' personal safety, promote righteousness, and deter crime.

The provisions of this paragraph are different from general legitimate defense and are called ‘special legitimate defense’, also known as ‘non-excessive defense’.

The prerequisite for special legitimate defense must be a violent crime that seriously endangers the personal safety of citizens. For example, crimes such as assault, murder, robbery, rape, and kidnapping are listed in the above articles. "