Madman Zhang San: That Hammer, You Are Finished

In the plaintiff's box, Bao Feipeng was also a little aggrieved by the inexplicable reminder by the presiding judge.

What's wrong with me, you remind me to pay attention to my emotions.

Well, I admit that my voice was a little louder just now.

But you, as a judge, just interrupted my accusation because of this, isn't it a bit of a fuss.

In the dock, Lin He touched his chin and said, "Since the prosecution thinks that Zhong Kaifeng's behavior is a bit extreme."

"Then I want to ask, what would you do if you were in the situation at the time?"

Bao Feipeng first glanced at the judge on the stage, and then said as calmly as possible: "If I were at the scene, if the other party wanted to escape, I would also chase, but I would never use violence to hurt the other party. "

Lin He chuckled lightly, this guy is quite righteous and awe-inspiring.

It didn't happen to you, and it was viewed from the perspective of hindsight. Of course, you said it correctly.

Lin He said lightly, "I will not raise any objection to the explanation of the prosecution representative for the time being."

"However, I think a normal person has caught the suspect and notified the police."

"While waiting for the police, the criminal suddenly broke free and wanted to escape. The instinctive reaction was to chase each other."

"In the process of chasing, he kicked the opponent in a hurry. This does not show that he has any subjective maliciousness."

"Everything is to stop the other party's escape."

"Although Zhong Kaifeng's actions caused Mao Xiaoxing's minor injury, it was just a crime of negligence."

"We are willing to bear Mao Xiaoxing's medical expenses and actively make compensation."

"As far as this case is concerned, Mao Xiaoxing is the party at fault, and my client is only trying to stop the illegal infringement. The negligence has caused a series of consequences, so I don't think it is necessary to sentence him."

What Lin He has to do is to let the court classify Zhong Kaifeng's behavior as a criminal negligence.

Article 235 of the Criminal Law: Whoever negligently harms another person causing serious injury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Two points need to be noted here. The perpetrator is a negligent, and must achieve the consequences of serious injury or more. Only in this way can the sentencing standard be met.

After all, Zhong Kaifeng's behavior at that time was not subjectively malicious, and there was no intentional harm at all.

Unexpectedly, as soon as these words were spoken, the prosecutor Bao Pengfei on the opposite side was suddenly unhappy.

I saw him stand up and say: "I need to remind the defense lawyer that the defendant Zhong Kaifeng kicked Mao Xiaoxing to the ground in the process of chasing him."

"However, after Mao Xiaoxing fell to the ground, the defendant Zhong Kaifeng kicked the opponent's body violently again."

"It was Zhong Kaifeng's series of beatings that caused Mao Xiaoxing's minor injuries."

"Could it be that defense lawyers believe that Zhong Kaifeng's behavior is a crime of negligence?"

"Then please explain to me why Zhong Kaifeng continued to beat Mao Xiaoxing after Mao Xiaoxing fell to the ground?"

After hearing this, Lin He had a black question mark on his face.

? ? ?

He looked at Wu Lanlan in the auditorium unexpectedly. You didn't mean that Zhong Kaifeng just kicked the opponent down with his feet, and the police came.

You didn't say a word about Zhong Kaifeng's beating behavior in the second half.

Nima, isn't this cheating teammates!

Lin He didn't speak there, and the court fell silent for a while.

Boom!

Shen Wenbin reminded softly: "Next, let the defense lawyer speak."

Lin He came back to his senses, looked at Zhong Kaifeng next to him, and said with a serious face, "To be honest, how many times did you hit the opponent at the time?"

Zhong Kaifeng was also taken aback by his heavy expression, and crossed his hands together, "There should be five or six times, I can't remember the specifics."

"What's the matter, lawyer Lin, is there any problem?"

"Fuck!" Lin He scolded angrily.

Now that he has realised it, Wu Lanlan didn't tell herself the truth that day, at least, she didn't tell the whole truth.

In this situation, his defender is somewhat passive.

Zhong Kaifeng caught up with Mao Xiaoxing and gave him a stroke from behind. This can also be interpreted as a crime of negligence.

But the problem now is that after Zhong Kaifeng put Mao Xiaoxing on the ground, he made up the knife again. This has the element of intentional beating.

The key is that Wu Lanlan didn't tell herself about it, and Lin He didn't prepare any defense ideas in this regard before the trial.

It is really difficult to exonerate Zhong Kaifeng now.

Lin He tugged at the collar a little irritably, his mind racing, thinking about how to defend Zhong Kaifeng.

After a while, Lin He let out a sigh of relief: "Since the representative of the prosecution accused Zhong Kaifeng of beating Mao Xiaoxing, please show the evidence."

He said this, not to deny it.

Denying is impossible, impossible in this life, Zhong Kaifeng has already admitted the beating, and there is no need for Lin He to deny him.

The reason why the other party is asked to show evidence is to give himself some time to reorganize his defense ideas.

Bao Feipeng was also unequivocal, took out a small USB flash drive and gathered it in his hand, "Comrade Judge, this is the video copied by the subway police from the scene surveillance."

"In the video, you can clearly see Zhong Kaifeng's beating of Mao Xiaoxing."

Shen Wenbin took a deep look at Lin He in the dock, and then said, "Secretary, play the video."

As the video was projected in the courtroom, everyone's eyes fell on the huge screen above.

In the video, a man is running in front, and another man is chasing after him.

You don't need to guess to know that these two are Mao Xiaoxing and Zhong Kaifeng.

After running for dozens of meters, Mao Xiaoxing was kicked on the thigh by Zhong Kaifeng from behind and fell to the ground.

Afterwards, Zhong Kaifeng seemed to be displeased, and kicked Mao Xiaoxing five, six, seven or eight feet on the ground.

During this process, Mao Xiaoxing did not resist, but only tried to protect the vital parts of his body.

The video is very short, less than a minute, but this video is enough to prove Zhong Kaifeng's criminal behavior.

In the dock, Lin He sat there, tapping his index finger on the table rhythmically.

Searching all over the legal knowledge in my mind, thinking about how to make a comeback against the wind.

Fight each other?

This is not good, although it is said that Mao Xiaoxing is at fault, but after he fell to the ground, he did not resist, and Zhong Kaifeng's behavior had already caused the other side to be slightly injured.

justifiable defense?

No, at that time, the illegal infringement in the carriage had ended, and the beating took place outside the carriage again. Zhong Kaifeng's behavior seemed to have nothing to do with legitimate self-defense.

I can't let myself say that Mao Xiaoxing's minor injury turned out to be the result of his own fall. Although there is actually a chance, but after all, the probability is too small to win the trust of the court and let Zhong Kaifeng exonerate.

Oh, it's hard to do!