Police Detective

Chapter 221 You are not defending her, but being fair

"Bai Song, don't act out of emotion. What we need is legally valid evidence." Ma Xi said. He looked at Bai Song holding his breath and understood what Bai Song was thinking, but now was not the time to do useless work.

"Brother Ma, I am not acting out of emotion. I say responsibly that our country's laws clearly stipulate that minors can also serve as witnesses, but they must give testimony consistent with their age and mental status. Although this child is seven years old, But he knew who had entered his house and who had beaten whom. How he expressed it was how we recorded it.

However, although his mother Zhang Jing is the person involved, she is also his legal guardian. When questioning this child, his mother should be by his side. We will videotape the whole process and let her mother be behind him. Just don’t give him any hints. In this way, this witness will have legal effect even if it goes to the procuratorate. of. "

"Is there such a situation?" Feng Bao looked curious: "This is really new. Okay, Bai Song, I didn't learn the law in vain. Okay, I support you."

Bai Song glanced at Brother Ma and Brother Bao, and nodded gratefully.

Everything went smoothly. Several calls to the police in the afternoon were reasonably resolved through everyone's coordination. The records of the three parties involved in the case and the witness's child were also taken in detail.

Overall, it was no different from what Bai Song imagined.

Li Na entered the house by knocking on the door, not by smashing the door. After all, Zhang Jing did owe Li Na money, and there was no way she would not open the door.

Li Na herself did not admit that she had done it, nor did she admit that the injury on Zhang Jing's head was her fault. She made herself miserable. She went in and asked for money, but the other party refused to give it and instead stabbed her with a knife.

The transcripts of Zhang Jing and Chu Wenwen were relatively consistent. Li Na came in and had a fight with Zhang Jing, and then Li Na made a move on Zhang Jing. Chu Wenwen stepped forward to start a fight, but couldn't. Chu Wenwen was afraid and took the knife, but Li Na still refused to leave and leaned towards Chu Wenwen. Then Chu Wenwen's blade touched Li Na's head. After Li Na suffered a head injury, she was kicked out by Chu Wenwen.

This is also consistent with Zhang Jing's son's transcript.

What can be determined at present is that Zhang Jing's injury was caused by Li Na, and there is no problem with this.

Li Na's injuries were caused by Chu Wenwen with a knife, so there was no problem.

It was already night after all the transcripts and the like were finished. How to solve everything depends on the severity of the injury. Bai Song made an appointment for a judicial appraisal of the injury later.

It was past eight o'clock, maybe because of the three consecutive fights at noon. It was very quiet at the moment, but Bai Song was thinking about things all the time.

Why, as a human being, do we have to bully others without any lower limit for that little benefit?

Bai Song thought about Li Na, and couldn't help but think of Scarface.

Bai Song has seen a lot of bullying, but people have to have a limit. For example, with Gray Hair, Bai Song can tell where his limit is. If a person like this is pulled back, he will become a normal person. But Li Na and Scarface have no bottom line or boundaries at all. They really just forget it and stop swearing.

A little irritated, Bai Song took out his phone, thought for a few minutes, and then sent a WeChat message to Zhao Xinqiao.

Xinqiao had no classes in the evening. When he saw Bai Song's WeChat account, he called Bai Song.

"You still have time to call me when you are on duty?" Zhao Xinqiao was curious.

"Well, I just finished what I was doing, so I'm not too busy right now."

"The police station is really hard. How long do you plan to stay there?"

"It's hard to say, it's a good place to train people. Let's see the opportunity." Bai Song said: "Did you read the WeChat message I just sent you?"

"Look, this person who was chopped is good or bad." Zhao Xinqiao also complained. Generally speaking, legal professionals are very objective in looking at issues, but they also expressed strong dissatisfaction with this kind of behavior.

"Well, I'm also confused. In this situation, can it be considered legitimate defense?" Bai Song asked for advice without any embarrassment at all.

"Yes, why not? This is a criminal act of illegally invading someone else's house, and you also beat them when you come in. The little girl's behavior constitutes self-defense and there is no problem."

"But Li Na was the one who took the initiative to open the door and let her in. Doesn't that count as trespassing?" Bai Song's mind was a little confused, and he always felt that there was something he couldn't grasp.

"Okay, it's time to popularize the law as a law student. This crime is not tested in the judicial examination. In fact, the judicial examination does not test all aspects of criminal law. Moreover, the judicial examination mainly tests understanding and ignores theory. You probably haven’t memorized the laws, right?

The origin of the law of illegal intrusion into other people's homes comes from xian law. It is actually stipulated in the second paragraph of Article 245 of the Criminal Law. The crime of illegal intrusion into a residence refers to entering a citizen's residence against the will of the members of the residence or without legal basis. , or the act of refusing to exit after entering a citizen's residence when asked to do so.

Although when this bad woman entered, the family opened the door and allowed her to enter, but there was a conflict in the middle. The family asked her to go out many times, but she refused to go out and started fighting with the family. This naturally meant that she refused to withdraw, and she could naturally do so. It constitutes the crime of illegal intrusion into another person's house.

On this point, similar problems always arise in judicial practice. Many people have entered other people's homes, and others chase them away, but they don't have to leave. In fact, long-term and bad behavior may constitute a crime. "

Bai Songru, an educated little boy, nodded to himself: "I feel that I will definitely not be able to pass the judicial examination."

"That's not the case. I talked to you last time and I feel like you have a pretty good foundation. It just needs to be strengthened."

"Well, thank you. I'm sorry to bother you again. I really don't know how to thank you." Bai Song was a little embarrassed. If he didn't keep studying, the gap between him and people like Zhao Xinqiao would really get bigger and bigger.

"Thank you? Okay, next time I go to Tianhua City to participate in the second trial, you have to treat me to a big dinner." Zhao Xinqiao was very happy: "But, I hope it is because you have passed the examination."

After hanging up the phone, Bai Song was stunned for a while.

As a police officer handling the case rather than a lawyer, Bai Song does not protect the rights of his client like a lawyer, but what Bai Song pursues is justice.

What Bai Song was protecting was not the interests of Chu Wenwen and her mother at all, but purely out of justice. Thinking of this, Bai Song was very excited.

According to relevant legal provisions, during the investigation of a case, if it is found that the criminal suspect should not be held criminally responsible, the case should be dismissed.

Bai Song's mind gradually became clear. He would first conduct an appraisal. After appraising the minor injuries, he could file a case. After the case was filed, he would take all the documents and reports and talk to the leaders and the legal department. He would try every means to determine it as legitimate defense!

Um!

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