Madman Zhang San: That Hammer, You Are Finished

After hearing Lin He's question, Yan Yilan almost blurted out, "This is naturally self-defense."

"If you don't give Ma Liu two big ears, it would be considered light."

"If it were me, I would directly give Ma Liu a slap in the face."

"Let this kind of person have a long memory, don't always lose control of your hands."

Seeing Yan Yilan gnashing her teeth, Lin He subconsciously took a half step back, but she didn't expect this little girl to look weak, and she was really ruthless in her actions.

"Cough cough."

Lin He cleared his throat and said, "Then let's assume a result."

"If Xiao Li just had her nails done a few days ago, it's the kind of long nails that are attached."

"She directly inserted two fingers into Ma Liu's eyes, and when she pulled out her fingers, she saw that there were actually two more eyeballs on them."

"It's Ma Liu's two eyeballs."

"Do you think this result is still justified defense?"

Yan Yilan thought about it seriously, just being scratched on the buttocks, it was too cruel to pull out other people's eyeballs.

This result, at least constitutes a serious injury.

She shook her head: "No, this should be considered excessive defense."

"Maybe, Xiaoli still needs to be held criminally responsible."

"Yes, what you said is very correct." Lin He nodded with a smile: "Look, it was also illegally violated, and it was the same way. Why are the two behaviors different in nature."

"The key to this is the final result."

"Let me tell you, right action + right outcome = self-defense."

"Right action + wrong outcome = overdefense."

"So do you understand?"

Yan Yilan nodded fiercely, indicating that he understood.

Lin He smiled and said, "Then I'll test you again."

"If Xiao Li goes out today, she happens to have a fruit knife in her pocket."

"Seeing that this kid Ma Liu dared to eat his own tofu, he took out a knife without saying a word and gave Ma Liu a knife."

"I killed Ma Liu with one knife. What kind of behavior do you say?"

Yan Yilan said quickly: "Wrong behavior + wrong result = excessive defense."

"Not bad." Lin He praised her and continued: "Then let's change the result."

"Ma Liu was also startled when he saw Xiaoli taking out the knife, and quickly dodged back."

"Crack, when the knife went down, Xiaoli cut Ma Liu's coat, but the boy Ma Liu did not suffer any substantial damage due to his agility."

"Yuan Fang, how do you see?"

Lin He asked with a smile.

"My lord, my name is not Yuanfang." Yan Yilan rolled her eyes, then scratched her head and said, "This... it should be regarded as self-defense."

"After all, there were no serious consequences."

"Smart." Lin He nodded approvingly: "So, have you figured out the previous problem now?"

"I understand." Yan Yilan smiled happily, "Whether it is a legitimate defense depends mainly on the result of the defense, and has nothing to do with the behavior itself."

This question doesn't seem to be that complicated.

As expected of Zhang San, two sentences made the problem clear.

To Yan Yilan's surprise, Lin He shook his head slightly this time.

"You can't say that either. Let's assume another possibility. Xiao Li is a grumpy woman."

"Normally, she would not take any loss at all. When she saw that Ma Liu was not stabbed with a knife, she immediately refused to give up, holding the knife in her hand, chasing Ma Liu and slashing."

"That's it, the two of you chased me and ran for two streets."

"In the end, the people on the street were terrified. They were all stabbing people with knives. It was too scary. Hurry up and call the police."

"When the police arrive, subdue Xiao Li directly."

"In the end, the prosecutor felt that her behavior was too bad, and she committed an armed murder in broad daylight, which caused too much impact, and then prosecuted Xiaoli for endangering public safety."

"As a result, Xiaoli was sentenced to three years in prison. Of course, Ma Liu was also detained for half a month on the charge of picking quarrels and provoking trouble."

"In that case, do you still think what you just said is tenable?"

This……

Yan Yilan hesitated. The result of this story is very simple. Xiaoli's behavior did not cause any harm to Ma Liu, but she was still sentenced to three years in the end.

This is obviously contrary to the conclusion that I just came to, looking only at the results.

Yan Yilan said with a sad face: "Lawyer Lin, I thought I had figured out this issue just now."

"Now that you said that, I know that, in fact, I didn't understand it at all."

"These questions are too difficult."

is it hard?

It doesn't seem to be that difficult.

Lin He said earnestly: "Actually, when dealing with some complex situations, we should not just copy some one-sided laws and regulations, but also consider the actual situation."

"All judicial dogmas come from life, so when judging whether a person has committed a crime, it should be based on real life."

"Oh." Yan Yilan nodded with difficulty: "I seem to understand, but I don't seem to understand at all."

"Ha ha."

Lin He chuckled lightly and didn't answer.

Judiciary is an obscure and esoteric knowledge. If you want to become a master just by memorizing some laws and regulations, this idea is indeed a bit whimsical.

Only by combining dogma with real life experience can one become a qualified judge or lawyer.

"Lawyer Lin, is there any similar story, can you listen to it?"

Yan Yilan looked at Lin He with anticipation on her face.

"Do you still want to hear it?" Lin He asked with a smile.

"Think!" Yan Yilan said subconsciously, licking her rosy lips.

"OK then."

Lin He smiled casually and said softly:

"Xiao Cui is a woman who lives in the countryside. This afternoon, she was walking on the country road alone with a basket of eggs that were not sold out in the city."

"Seeing that the mountain in front is about to go home, Xiao Cui is thinking in her heart that she will cook something delicious for the children when she returns home."

"At this moment, a burly man suddenly appeared from the side."

"The big man looked at Xiao Cui with a wretched face, and shouted a robbery."

"This frightened Xiao Cui, and she wanted to resist or escape, but she is a woman, so how could she be the opponent of this big man."

"Just when the big man was full of impatience and was about to use his strength, Xiao Cui suddenly came up with a plan and told the big man that it was not just a robbery, so don't be so rude, just take it off by yourself."

"But this is a small road in the country. People are afraid that others will know about it. Otherwise, it's better to go to the river not far away."

"When the big man heard it, he also felt that what Xiaocui said made sense. If he was interrupted later, he would be easily frightened."

"I immediately followed Xiao Cui to the riverside, wanting to do something awkward."

"Xiao Cui is also clever. When the big man was undressing, he kicked him into the river."

"The big man tried to climb ashore several times, but Xiao Cui picked up a stone from the river and smashed it down."

"After a few minutes, the big man burped. Xiao Cui, who had reacted, saw that the big man was completely silent, and was horrified. She hurriedly called the police for help."

"When the police arrived, the big man was already dead. Do you think Xiao Cui's behavior constituted excessive self-defense?"