Lawyer's character

"Defendant Tan Peicai, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges charged against you in the indictment?" The presiding judge looked at Tan Peicai, who was sitting in the dock.

"Listen clearly. I have no objection to the charge, but the facts of the case make sense.

There was no fight between me and the victim. After I was held hostage by the victim and taken to the woods, the victim hit me first. I didn't want to fight with him. I stabbed him with a knife purely in self-defense. "Tan Peicai defended.

At this time, Tan Peicai did not suffer a mental breakdown like other defendants. He had always believed that he was acting in self-defense. Moreover, the group of people who were locked up with him did not make it difficult for him when they heard that he came in by stabbing someone. There were even a few "senior people" who had been in the palace many times and enlightened him from time to time. I'm familiar with it. From now on, I'll follow my brother to keep him safe and collect the horses.

The detention center is also a small society, with people coming and going constantly.

Tan Peicai is not a fool. On the contrary, he went out to work after graduating from junior high school. He has seen a lot of people and things, and he is well aware of the unspoken rules at the bottom of society, otherwise he would not choose to believe in the switchblade.

He didn't believe anything said by "senior people". What were the younger brothers and Ma Tsai used for? They were cannon fodder in the new era. But he won't say it, because there are some things that are more conducive to protecting himself than talking nonsense.

Now that he is in court, Tan Peicai's logical thinking is relatively clear, but he is very panicked.

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

"What happened after the defendant Tan Peicai, the victim Wei Runquan and others took you into the woods?" the prosecutor asked.

"The man named Wei Runquan hit me in the mouth when he came up and slapped me several times in a row. I was stunned at the time. Later I found out that he was venting his anger on Qin Leiming's behalf. I was so frightened that I took out a knife and stabbed him. Him." Tan Peicai looked at the prosecutor slightly calmly and said.

"Where did you get the switchblade you used to stab the victim?" the prosecutor asked.

"It's mine. It has been kept in a drawer before." Tan Peicai replied.

"Why do you carry a switchblade with you when you get home from get off work? Did you bring a knife to get off work before?" The prosecutor stared at Tan Peicai and asked.

Yun Qiao, who was sitting next to Fang Yi, curled her lips secretly after listening to the prosecutor's question and thought to herself: He carries a knife to and from get off work. Do you think the defendant is the emperor's sword-carrying guard?

"No, I never brought a switchblade to and from get off work before. I brought a switchblade because Qin Leiming threatened to find someone to mess with me. I did it for self-defense," Tan Peicai explained.

"How do you understand the word 'Nong' when you find someone to manipulate you? What does it mean?" the prosecutor asked.

"'Nong' means to hit. I understand what he means is that he wants to find someone to beat me and deal with me." Tan Peicai explained.

"Presiding judge, the prosecutor has finished asking questions." After the prosecutor finished speaking, he looked towards the trial seat.

"Does the defendant's defender need to ask questions to the defendant?" the presiding judge asked.

"I need to ask a question." After Fang Yi finished speaking, he looked at the dock: "Defendant Tan Peicai, after the victim and three others took you into the woods, who made the move first?"

"It was the person who was stabbed by me. He started to slap me in the mouth. I was completely stunned at the time." Tan Peicai replied.

"Did anyone else take action?" Fang Yi asked.

"No, those two men were holding steel pipes and stood watching me. They didn't do anything." Tan Peicai replied.

"What condition was the victim in when you stabbed him?" Fang Yi asked.

"After he hit me a few times, he stopped and started scolding me. Then he tried to hit me again. When he came closer and hit me again, I took out a knife and stabbed him," Tan Peicai said. .

"How long did it last from when he kidnapped you into the woods to when you stabbed him? Do you have any impression?" Fang Yi asked.

"It lasted for about five or six minutes. I was very scared at the time. There were three of them. Apart from the person who beat me, the other two were holding steel pipes and watching from the side to scare me.

I had no choice but to stab him. If I didn't stab him, he wouldn't be able to escape. "Tan Peicai explained.

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

…

“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. "said the presiding judge.

"Presiding Judge, Judge: The prosecutor believes that the defendant Tan Peicai was held hostage by the victim because of his assignment to Tan Leiming, and a fight broke out between the two parties.

In this case, after being threatened by Qin Leiming, the defendant carried the murder weapon (switch knife) with him in case of emergency. It can be seen that it had the purpose of fighting.

When the victim unlawfully assaulted the defendant with his bare hands and slapped his mouth, the defendant directly stabbed the victim with a knife. Both parties were prepared to hurt each other. The behavior of both parties should be regarded as a fight, and the defendant's behavior did not constitute legitimate defense.

In view of the defendant's truthful confession after being brought to trial, the prosecutor recommended that defendant Tan Peicai be sentenced to seven years in prison. complete. "The prosecutor said.

…

"The defendant's defender made a defense statement." After the defendant made his own defense statement, the presiding judge said.

"Presiding Judge, Judge: The defender believes that the behavior of the defendant Tan Peicai in this case was legitimate defense, but due to excessive defense, it constituted the crime of intentional injury. The reasons are as follows:

The defendant Tan Peicai was suddenly beaten by the victim Wei Runquan on his way to get off work. In order to stop the ongoing illegal infringement, the defendant took out a spring knife and stabbed the victim Wei Runquan. His behavior should be regarded as self-defense.

However, given that the victim Wei Runquan did not use a weapon when committing the illegal assault and did not seriously endanger the defendant's personal safety, the defendant Tan Peicai used a spring knife to defend himself and seriously injured the victim Wei Runquan. His defensive behavior obviously exceeded If it is within the necessary limit, it is excessive defense, and one should bear criminal liability for intentional injury, but the punishment should be reduced according to law.

Since the defendant was a first-time offender, he could truthfully confess after being brought to justice, and he had excessive defense, the defender suggested that the defendant be given a suspended sentence. "Fang Yi expressed his defense opinion.

"The prosecutor can respond to the defender's defense opinions." The presiding judge looked at the prosecutor's seat.

After listening to the opinions of both parties, the presiding judge believed that there was no dispute between the two parties on the defendant's guilt. The focus of the dispute was whether the defendant's behavior was self-defense, and it was necessary for both parties to express their opinions.