Madman Zhang San: That Hammer, You Are Finished

Boom!

"Next, ask the defendant's attorney to state his point of view and refute it!"

Is it time for me to play?

Lin He smiled slightly and stood up, "Hello, judges, I think the plaintiff's description of the case that happened in the early morning of April 29 is really biased."

"Before the debate, can I have the surveillance video from that day?"

Lin He looked at Yang Qingxin on the presiding chair and asked for his opinion.

"agree!"

Yang Qingxin said expressionlessly, and then used the staff to take the USB flash drive in Lin He's hand and plug it into the computer to play it.

The 20-minute video is a bit bloody, but this is important evidence, and everyone is patient enough to watch it.

"Cough cough..."

Lin He coughed a few times, drawing everyone's attention back.

"It can be seen from the video that at two o'clock in the morning, the five Wan Hai finished their meal, and when they were checking out, they forced the cashier of the restaurant, Ma Chao's wife, to forcibly molest him!"

"Faced with this kind of behavior from a few people, even Wu Dalang back then couldn't help but do it."

"What's more, my client, Ma Chao, is a big man with strong vigor and blood."

Ma Chao couldn't help but glanced at Lin He, obviously it was Wu Dalang mentioned in Lin He's words that made him a little dissatisfied.

Lin He smiled lightly, didn't care, and continued, "My client scuffled with each other because of a reason."

“According to Article 20 of the Criminal Law, in order to protect the state, the public interest, the person, property and other rights of the person or others from ongoing unlawful infringement, acts taken to stop unlawful infringement shall Those who cause damage are legitimate defenses and do not bear criminal responsibility.”

"Judging from a legal point of view, my client Ma Chao's behavior should be regarded as self-defense."

"I wonder if the plaintiff agrees with this?"

After Lin He finished speaking, he looked at the plaintiff's seat and quietly waited for the other party's answer.

Du Lei sneered and scoffed at Lin He's statement, "There must be a limit to legitimate defense. Ma Chao's behavior has already caused serious consequences of two deaths and two serious injuries."

"This result has exceeded the necessary means of defense."

"Furthermore, when Ma Chao came, the five Wan Hai did not infringe on his wife at the time. He was just angry, so he would quarrel and scuffle with the other party."

"From this point of view, it should belong to the category of mutual fights."

"Until the end, the court of first instance sentenced him to nine years and eight months in prison for wounding two people with a knife. From this point of view, I think it is very reasonable."

I'm coming!

Lin He's eyes lit up and smiled: "The plaintiff mentioned the word 'excessive defense' just now, and thinks that Wan Hai and several people illegally violated first, and Ma Chao defended later."

"So what?" Du Lei said disdainfully, "Those are two living lives, and the defendant must be held responsible for their deaths."

In any case, he really didn't believe that two lives were placed there. Ma Chao was able to overturn the case in the second instance.

But how did Du Lei know that this was exactly what Lin He wanted.

The court of first instance held that Ma Chao fought with others and caused serious consequences, so he was convicted of manslaughter.

In this case, the court will more or less refer to the trial results of the first instance in the second instance.

What Lin He had to do was to let the judge at the scene know that Ma Chao's actions were just using his right of defense according to law, not fighting with others.

"Since the plaintiff also believes that my client is exercising his right of defense, please ask the clerk present to adjust the video to the position of 4 minutes and 20 seconds!"

Lin He said to the clerk at the scene.

After Yang Qingxin's consent, the clerk adjusted the video to the position Lin He wanted.

"Stop, it's here, everyone pay attention."

Lin He said loudly, "After the five drunkards knocked Ma Chao to the ground, they still didn't stop beating him."

"I still use my feet to kick my client's upper body and head. This is already aggravating the damage."

"Get up, judges, please see, one of them even picked up a wine bottle from the side and smashed it on Ma Chao's head."

"His behavior, from a legal point of view, has already reached the charge of wounding with a weapon."

"Faced with the beating of five burly men, my client is already facing life-threatening, so he will make a later counterattack!"

"Judging from this, my client Ma Chao is still exercising his right of defense!"

In the trial seat, Yang Qingxin looked at each other and felt that Lin He's words were reasonable.

In the face of the besieging of five people, the other party used the murder weapon again. This is the rhythm of beating people to death.

Although Ma Chao's counterattack with a knife was a bit extreme, it was also reasonable.

"I object!"

Du Lei stood up and said loudly, "I object to the defense lawyers of the defense. There is no law in my country that stipulates that the parties can fight back with a knife!"

"As we all know, knives are very dangerous items, especially in fights. A careless move will cause great harm to the other party, or even harm the other party's life."

"And Ma Chao's choice to fight back with a knife is obviously beyond the scope of necessary defense."

"He could choose the table, chairs and other items beside him to fight back, but he ran into the back kitchen and took out a kitchen knife, which shows that his subjective consciousness is to kill."

"And this accident also caused serious consequences of two deaths and three injuries. He must be responsible for his actions!"

Seeing this, Lin He smiled slightly and asked a specious question.

"Excuse me, the plaintiff, do you know why our country makes drunk driving a dangerous driving crime?"

Du Lei was stunned for a moment, then said with a displeased expression: "Defendant's lawyer, this is the courtroom, I am discussing the case with you now."

"I didn't come to discuss the law with you. Please don't say some legal knowledge that has nothing to do with the court trial."

Lin He smiled lightly, didn't care, and said to himself: "As we all know, alcohol can paralyze human nerves and make people's brains extremely excited."

"This is also the reason why the phrase "Jiuzhuang" is often used by people."

"After normal people drink alcohol, their brains are more excited than ever, and their ability to control their bodies is greatly reduced."

"In the video, five big men, that is, drunkards whose bodies are not controlled by their brains, beat an unarmed man."

"And he kicked the opponent's head with his feet many times, and even smashed the opponent's head with a wine bottle in the end."

"Anyone else would feel despair in their hearts when they were violated by this kind of lawlessness."

"The plaintiff just said that Ma Chao could use the table and chairs beside him to fight back, instead of using a kitchen knife, which is a hugely lethal weapon."

"Then I want to ask the plaintiff, if you are in this situation, how can you be sure that you will not be killed in the next second?"

Du Lei: I...

Although Lin He's words were a bit choking, he also had to admit that they made a lot of sense.

At that time, the thought of that situation can make people shudder.

He was weak and helpless lying on the ground, surrounded by five burly men, beating himself frantically, and some even smashed his head with a liquor bottle.

It's good to be able to guarantee that you won't be killed, where can you think of fighting back.

For the first time, Du Lei was speechless when faced with questions from the defendant's lawyer.

Lin He smiled casually: "The law is only the minimum moral requirement for people, it's true."

"However, in the same way, the law should not impose excessive restraint on people's behavior!"

"In hindsight, everyone can be Zhuge Liang!"

"But don't forget that at the scene of the crime, five strong drunks beat up one person."

"Everyone can think about it, in that case, what is the probability of the victim being beaten to death and maimed?"

"Could it be that, as the plaintiff envisaged, the counterattack can only be done if my client suffers more serious harm?"

"I'm afraid that at that time, Ma Chao wants to fight back, but he is powerless."

"If so, what's the point of legal self-defense?"