Add Bookmark | Recommend this book | Back to the book page | My bookshelf | Mobile Reading

Free Web Novel,Novel online - All in hlnovel.com -> Prose -> Hello Miss Lawyer

Chapter 91 Trial (3)

Previous page        Return to Catalog        Next page

    ?

    Xu Liang's heart is deep. He sympathizes with Zhang Ling, but he has his own professional ethics and understands his duties. He is a prosecutor, and his duty is to bring criminals to justice.

    Xu Liang straightened the prosecutor uniform he was wearing, stood up, and said: "Dear members of the collegial panel, this case is a tragedy caused by domestic violence. I admit that the defendant Zhang Ling and his mother, Ms. Liu Qiaopei, are victims of domestic violence.  However, emotional sympathy cannot replace rational law. Here, the members of the collegial panel are asked to pay attention to the following key points. First, the defendant Zhang Ling had the subjective intention to kill the victim Zhang Gongguo intentionally.  Zhang Ling admitted in the transcript of the interrogation that his psychological expectation when he kept beheading the victim Zhang Gongguo was to hope that Zhang Gongguo would die. Because of this, the defendant's mother and child would no longer have to endure Zhang Gongguo's violent behavior. This is an unknown risk imagined by the victim.  It is a false defense; the defendant was able to stop Zhang Gongguo's violent behavior after he slashed and killed Zhang Gongguo for the first time, but the defendant then repeatedly slashed and killed Zhang Gongguo with a kitchen knife, resulting in the final death of the victim Zhang Gongguo. Such behavior is already obvious  It has exceeded the legal definition of justifiable defense or even excessive defense, and subjectively has the subjective intention to cause the death of the victim Zhang Gongguo, and the behavior also meets the criminal elements of the crime of intentional homicide."

    Hearing what Xu Liang said, Liu Qiaopei, who was sitting in the auditorium, covered her mouth with her hands and began to cry softly.

    Xu Liang went on to say: "Secondly, the independence and objective rationality of the judiciary should be maintained. This case has attracted widespread attention from the society, and I have always paid attention to the direction of public opinion. It must be admitted that more people sided with the defendant.  On the side of Zhang Ling; I ask myself, as an ordinary person, I also sympathize with Zhang Ling, but as a legal person, I think we should look at this case with the principle of "taking facts as the basis and law as the criterion".  If you support Zhang Ling's behavior, it will convey a message that individuals can implement private relief actions and even deprive others of their lives by virtue of the danger that has not yet come.  Resisting violence with violence, declaring the legitimacy of indignant crimes? The answer is of course no. What we should do is to bring them to justice, improve our legal system, let the law sanction them, and use the law to protect more people like  Zhang Ling is as weak as Ms. Liu Qiaopei. Third, the defendant has a lighter or mitigated punishment. Considering the defendant's age, personal danger to society, and self-surrender, the procuratorate recommends that the court punish Zhang Ling for intentional homicide.  The crime shall be reduced or given a lighter punishment within the statutory sentencing range.¡±

    Having said this, Xu Liang's voice gradually trembled, and he continued: "Finally, what I want to say is that there may be many injustices in this world, but we should learn to look at the world more rationally, how to better  Getting along with the world is much more important than simply attacking society. In addition, I also hope that our system and even the whole society can learn from this case to prevent such tragedies from happening again, so that victims of domestic violence can truly  Get out of the mud."

    When Xu Liang made public prosecution opinions, Zhang Ling kept his head down. However, under his calm appearance was a stormy sea. Xu Liang's words hit his heart like a huge wave, and Zhang Ling was also torturing himself.  In his heart, he was also reflecting on his own behavior. Was he really desperate at that time, did he have to kill his father, was he really bad enough to disregard human relations, and dared to kill his father? He was at a loss.  His eyes gradually lost focus.

    Liu Qiaopei has been sitting in the court all the time, she keeps blaming herself, she shouldn't have brought Zhang Ling into this world, let Zhang Ling suffer with her, she doesn't know what to do to help her son, she can only let the tears flow  Rolling down like beads on a thread, she could only pray in her heart over and over again that the gods and Buddhas in the sky would take pity on her son.

    After Xu Liang finished speaking, Wu You got up and said: "Dear presiding judge and members of the collegial panel, I would like to express the following defense opinions on behalf of the defendant Zhang Ling regarding this case. The first point: The defendant's behavior was unpremeditated. The defendant Zhang Ling  Ling's act of hacking and killing Zhang Gongguo with a knife was a response to the emergency situation at that time. From the testimonies of several witnesses just now, we can know that Zhang Gongguo has committed domestic violence against Zhang Ling and Liu Qiaopei's mother and son for a long time.  It can be seen from the testimony that the life safety of Liu Qiaopei and the defendant Zhang Ling had been greatly threatened at that time. Facing the burly victim Zhang Gongguo, Zhang Ling, a thin 14-year-old boy, took a knife from the kitchen.  Out of the restraint and self-defense of violence, just imagine, we adults will probably do the same thing in such a dead-end situation, so how can we blame Zhang Ling's behavior of holding a knife as a murderous act?  What about the preparation for the crime? The second point: the defendant is not subjectively vicious. This case is actually a tragedy caused by domestic violence.?? is the perpetrator of the victim Zhang Gongguo¡¯s death, but he is also a victim of Zhang Gongguo¡¯s long-term domestic violence; similarly, the victim Zhang Gongguo is the victim of this case, but he is also the perpetrator. This murder case is different from other subjective viciousness.  In a violent crime case, the defendant in this case had a deep-seated reason for his homicide.  Defendant Zhang Ling has been adhering to the simple morality of "filial piety to parents" and endured domestic violence from the victim Zhang Gongguo for a long time. It can be seen that he is a person with a very strong sense of morality;  From the testimony, it can be judged that the defendant Zhang Ling is a very gentle and sensible child; seeing Zhang Ling, I recalled my own fourteen-year-old, and I was thinking about what I was like when I was fourteen, as if in  The rebellious period should be the "bear child" in everyone's mouth now, but I am very fortunate that I have a relatively happy family, but Zhang Ling is not a lucky one. He has endured too much at an age when he should be self-willed.  People can't bear the suffering and pain, but he can still maintain a kind heart. I think Zhang Ling's heart is warm, and there is a beam of light in his heart.  Please note that Zhang Ling surrendered himself, which fully shows that he does not want to evade responsibility.

    Sitting in the auditorium, Liu Qiaopei kept nodding along with Wu You's speech, her eyes full of begging. She desperately hoped that the judge would notice her and recognize her son's innocence.

    Wu You continued: "Third: The defendant's behavior is a "special defense." The third paragraph of Article 20 of the Criminal Law stipulates: "For ongoing assault, homicide, robbery, rape, kidnapping, and other violence that seriously endangers personal safety  Crimes that take defensive actions that cause casualties to unlawful infringers are not considered excessive defense and do not bear criminal responsibility. The purpose of the special defense provisions in the Criminal Law is to further reflect the concept of order that "the law cannot make concessions to the law", and at the same time affirm the defense.  Counterattack with equal or exceeding intensity, even if the unlawful infringer causes casualties, there is no need to worry about the possibility of establishing excessive defense and thus constituting a crime.  The restriction on the defender is too strict, which not only violates the original intention of the legislation, but also makes it difficult to achieve the effect of stopping crimes and protecting citizens' personal rights from infringement. The public prosecutor did not deny that Zhang Ling's original intention of holding the knife was to protect his mother and his own legitimate defense, but believed that  Zhang Ling's behavior has transformed into a criminal intention, but I don't think Zhang Ling's whole behavior can be viewed separately. I don't intend to offend the victim, but from the witness's description, it can be judged that the victim Zhang Gongguo is a very aggressive person, especially  After drinking, it can even be said that he is a violent person. In the face of such a person, if he only slashed and caused some damage to Zhang Gongguo, would it anger Zhang Gongguo even more, and instead make Zhang Gongguo, who was stimulated by alcohol, act?  Crazier behaviors, such as grabbing the kitchen knife and killing the dying Liu Qiaopei and the weak defendant Zhang Ling; or even if Zhang Gongguo lost the ability to fight back this time, after he recovered from his injuries, he would intensify the abuse of Liu Qiaopei and Zhang Ling's mother and son?  This is a reasonable conjecture. Zhang Ling's subsequent behavior did not involve the subjective intention of killing people intentionally, but to ensure the safety of himself and his mother. This should meet the objective requirements for self-defense. Fourth: the law should properly absorb the justice sentiment of the people  The case of Zhang Ling has aroused strong repercussions in the society, and the public opinion is almost one-sided that Zhang Ling is innocent. We are not trying to make a judgment by public opinion, but our law and our judgment must be recognized by the vast majority of people.  It conforms to the values ??of most people, that is good law, and the judgment has the significance of warning and education. The defendant in this case is a minor, and he is a very young minor. The criminal law of our country has always upheld the trial of juvenile crimes.  The principle of "education first, punishment second". After the incident, Zhang Ling has been living in self-blame for killing his father, and his conscience has been condemned. Finally, I would like to say that after undertaking this case, I have been  Think about how many children in our country who suffer domestic violence actively or passively like Zhang Ling. They are victims, and our unsound system and indifferent bystanders have also exacerbated their misfortune? I hope more  More victims of domestic violence can rise up and resist. I hope that capable adults can protect these weak people. I hope that our system will be more standardized and effective, so that perpetrators of domestic violence will not dare to commit violence again, and victims of domestic violence can have a shelter  Place."

    Half a month later, Zhang Ling's case was pronounced. Zhang Ling's behavior constituted a legitimate defense, but it constituted excessive defense, and he was sentenced to three years in prison.

    Wu You couldn't bear it, but Zhang Ling accepted the sentence in court and no longer appealed.

    Wu You knew that Zhang Ling wanted to pursue his inner peace. Only in this way could Zhang Ling face up to his future life.  (Remember the site URL: www.hlnovel.com
Didn't finish reading? Add this book to your favoritesI'm a member and bookmarked this chapterCopy the address of this book and recommend it to your friends for pointsChapter error? Click here to report