Chapter 85 Self-defense or crime? The entanglement of law, reason and emotion!

In the courtroom.

The presiding judge Miao Feng nodded slightly and said.

"Agree."

"Please ask the prosecutor to conduct cross-examination."

Hou Bo stood up and nodded to the presiding judge.

Then he spoke.

"Lawyer Lin, this video just now does prove that Jiang Chen's testimony is true."

"But this can only prove that Zhu Yingze and the other four did threaten Jiang Chen in the end."

"We must understand that such verbal threats, no matter how harsh the words are, still do not cause actual harm to Jiang Chen and his brother."

"If we rely on this alone, we cannot prove the legitimacy of Jiang Chen's killing!"

"In our opinion, Jiang Chen's killing is still an extreme behavior."

"And it is very likely to constitute intentional homicide!"

"So far, the evidence you have provided is insufficient to support your claim, and Jiang Chen still cannot meet the constituent elements of legitimate defense."

"If you can't get more evidence in favor of the appellant next, we will not change our protest in this case."

"We will charge Jiang Chen with intentional homicide!"

Hou Bo's words were undoubtedly a bucket of cold water for the audience at the scene and on the Internet.

They just hoped to find Jiang Chen not guilty.

Although they all knew that this hope was slim.

But Hou Bo insisted on sentencing him to intentional homicide, which was quite disappointing.

For a while, the audience was full of complaints.

Dong~~

The presiding judge Miao Feng knocked the gavel and said seriously.

"Please keep quiet!"

The presiding judge gave an order, and everyone immediately stopped talking.

It must be said that Hou Bo still felt some pressure when the audience was discussing just now.

However, for professional ethics, he still insisted on doing things according to the law.

In the defense seat.

Lin Hao looked calm.

He said slowly.

"Prosecutor Hou, you just said that verbal threats, no matter how harsh they were, did not cause actual harm to the two of them, right?"

"Then let me ask you, Jiang Mu was beaten up and seriously injured, is this considered actual harm?"

Hou Bo hesitated and said.

"Of course this is considered actual injury, but this injury happened before the threat and has no direct relationship with the threat."

"And I just said that we will handle this case separately and will never let any evil person go!"

"What does Lawyer Lin want to say by bringing this up now?"

Lin Hao sneered on the spot and said.

"No direct relationship?"

"Then let me ask Prosecutor Hou again, if Jiang Chen let Zhu Yingze go that night, can you guarantee that Jiang Mu's incident will not happen again?"

Hou Bo was a little speechless for a while, but soon said.

"I can't guarantee that the same thing won't happen again, but this is not a reason for Jiang Chen to kill people, right?"

"He told the police everything! The police will naturally handle it properly!"

Lin Hao smiled helplessly and said disdainfully.

"Handle it properly? Haha!"

"They called the police when Jiang Mu was beaten up 10 days before Jiang Chen went to find them. Did the police handle it properly?"

"The police can't even find out who beat Jiang Mu! Even if Jiang Mu points out Zhu Yingze and the others, will it work?"

"Well, even if the police believe Jiang Mu's testimony, the crime scene and evidence have been cleaned up by the forces behind these rich young men! Can the police arrest people without evidence?"

"You said you called the police because you were threatened by them, so what then?"

"Will the police protect them 24 hours a day? Will they ensure their safety at all costs? Can the police guarantee that they will not be retaliated against?"

"Everyone! And Prosecutor Hou! We must admit , the police are not omnipotent!"

"Also, please don't misunderstand me. I am not saying this to belittle the public security organs."

"I just want to remind everyone that police force is a limited public resource and cannot take care of each of us in every possible way!"

"So when he can't take care of us, our lives and property are threatened. What should we do?"

"Can't we use our own power to fight back? Don't we even have the most basic right to safeguard our own legitimate rights and interests?"

"What I want to fight for today is the right to actively seek self-protection in the face of evil forces!"

As soon as Lin Hao finished speaking, everyone at the scene began to discuss.

In between the words, they were very serious about Lin Hao's words.

In the face of evil forces, we can't just rely on the official.

We should also have the courage to resist oppression.

Otherwise, we will just be like the Jiang brothers before, always being stepped on by others and having no dignity.

At the prosecutor's seat.

Hou Bo said indifferently.

"As for the police, as Lawyer Lin said, they cannot guarantee the absolute safety of the two of them."

"But the law does not restrict people's right to resist!"

"When facing oppression, everyone has the right to self-defense!"

"But what we are discussing now is what kind of behavior is legitimate defense and what is the limit of legitimate defense?"

"Obviously, Jiang Chen's brutal killing of Zhu Yingze completely exceeded the necessary limit of legitimate defense!"

"From a legal perspective, reasonable defense rights should be protected, but excessive defense must not be allowed!"

"Defense beyond the necessary limit is a crime!"

Hou Bo's words were powerful.

It is indeed convincing.

In fact, what Hou Bo said is exactly what most people think.

It's just that in this case, people's sympathy for Jiang Chen dominated their emotions.

So even if this is the case, they still want Jiang Chen to get away with it.

In the defense seat.

Lin Hao faced Hou Bo directly, not afraid at all.

"Okay, let's talk about the limits of self-defense."

"Regarding how Jiang Chen's behavior should be characterized, Prosecutor Hou believes it was intentional homicide, but I don't think so."

"I think we might as well analyze it in stages."

"First, the first stage. In the video just now, I think everyone saw it very clearly."

"My client Jiang Chen was extremely nervous from the beginning. Although he brought a gun, he never took the initiative to use it to hurt people."

"Of course, you may say that he took the initiative to bring a gun, which already shows that he had the intention to kill or hurt people, and we do not deny this."

"Even if Jiang Chen went to the appointment with the intention of killing, the fact is In fact? Everyone can see that he didn't even want to do that!"

"From the perspective of criminal constitution, he can't even be considered to have stopped committing a crime! At most, he can only be considered to be preparing for a crime!"

"There is an old saying in our Xia country, a gentleman judges deeds rather than deeds!"

"Does Jiang Chen not even have the courage to take out his hand? Just because he had that idea, we have to charge him with intentional homicide?"

"Regarding the statement that Jiang Chen intentionally killed someone, I think it should be judged until he did not take out his hand on his own initiative."

"In fact, Jiang Chen's so-called intentional homicide only stopped at the idea stage and was not implemented, so it is not established!"

When Lin Hao said this, everyone nodded in agreement.

Whether it is emotional, rational or legal, an idea of ​​killing that has not yet been implemented can never constitute a crime.