Becoming a lawyer starts with raising a Xiezhi

Chapter 482 Reboot
The murderer's name is Chen Cong, and his brother's name is Chen Ming. Chen Ming used to partner with Ma Jie to mine, but later they turned against each other due to financial disputes. Ma Jie was so powerful that Chen Ming couldn't deal with Ma Jie, so he had to swallow his anger. A few months before the incident, , Chen Ming also ordered Ma Jie's men to beat him up.

Therefore, in the eyes of Ma Jie's family, Chen Ming had the motive to kill Ma Jie, and Chen Cong's motive was not proved by evidence, it was just his one-sided statement. From the evidence, the 50 investment was obviously Chen Ming's, and It wasn't Chen Cong's. Chen Ming said that it was Chen Cong's investment, because the two of them had a stake in the relationship and their ability to prove it was relatively low.

After Meng Lang took the case, he went to read the papers. After understanding the situation, he thought about how to help the parties involved to find out the truth.

He used the eye of truth to investigate first, and he found the problem. Chen Cong told Chen Ming on the phone that he wanted to take revenge on Ma Jie, but Chen Ming did not object to Chen Cong's revenge on Ma Jie.

After learning about this situation, Meng Lang couldn't make up his mind for a while, because Chen Cong only told Chen Ming that he wanted to take revenge, but Chen Ming only did not object, but did not instruct him what to do. In this case, Chen Ming was behind the scenes. What about the instigator?
No premeditation was discovered before, but before the incident, Chen Ming knew that Chen Cong wanted to take revenge on Ma Jie. In this case, does it constitute a conspiracy?
Judging from the objective situation, Ma Jie bullied Chen Ming. If someone took revenge on Ma Jie, he would definitely be very happy, but just because he is happy does not mean that he participated in the crime against Ma Jie, unless he was involved in the murder of Ma Jie. played a role.

So now has Chen Ming played a role?If it worked, Chen Ming told Chen Cong Ma Jie's address, which played a role.

When Chen Cong told him that he wanted to take revenge on Ma Jie, Chen Ming told Chen Cong Ma Jie's address. Should he take responsibility?
If Chen Ming said that he just thought that Chen Cong was going to beat Ma Jie up, but he didn't expect Chen Cong to kill someone, would he still be held criminally responsible?

This is really a difficult legal issue, because if Chen Ming is arrested, his defense lawyer will say that Chen Ming does not know the content of Chen Cong's revenge, he just thinks that Chen Cong just wants to argue with Ma Jie After a while, he never thought that there would be a murder. Subjectively, he did not intend to kill, so of course he cannot be held accountable for intentional killing.

And if he is not held accountable for the murder, can he be held accountable for other criminal responsibilities?
Like intentionally hurt?When Chen Cong went to take revenge on Ma Jie, he definitely wouldn't just use his words. That's not called revenge. Regarding the content of the injury, although Ma Jie died in the end and Chen Cong committed intentional homicide, Chen Ming can also be held responsible for intentional injury.

Subjectively, he had the intention to cause intentional injury. Objectively, although he caused Ma Jie's death, it can be reduced by one level and he will be held responsible for intentional injury.However, if he is held accountable in this way, some people may also say that if he is held accountable for intentional injury, should he be held responsible for intentional injury resulting in death? Intentional injury resulting in death is not much less guilty than intentional homicide.

And if Chen Ming was held accountable for intentional injury resulting in death because of one sentence, it would feel like it was a bit much and the punishment was not appropriate for his crime.

After thinking for a long time, Meng Lang couldn't make up his mind for a moment, but the key now was that Chen Ming did not admit that Chen Cong told him that he wanted to take revenge on Ma Jie, and Chen Cong also denied telling Chen Ming that he wanted to take revenge on Ma Jie.

You only know the truth, but it’s useless without evidence.

It seems that the only way to use his trump card is to record the conversation between the two and then secretly submit it to the court to see what the court will do.

This is the only way to change the second person. There is no way to deal with this kind of case. As long as Chen Ming and Chen Cong don't talk about it, these things will never be exposed.

The family members of the parties believed that Chen Ming was the murderer behind the scenes, but from a common sense analysis, if Chen Ming really wanted to order others to kill Ma Jie, he would not order his own brother unless he was not close to his brother at all. If his biological brother is not close to him, it is impossible for his biological brother to help him get revenge on Ma Jie.

So the truth of the matter is very likely that Chen Ming didn't think that Chen Cong would kill Ma Jie, but just wanted to take revenge on Ma Jie and help him avenge him. In this case, his subjective viciousness would not be much.

Unexpectedly, Chen Cong hated Ma Jie so much that he killed Ma Jie directly.

This is to exceed the criminal limit and exceed the criminal intention of the co-offender.

However, Ma Jie's family didn't think so. They couldn't think about it with a calm mind, and insisted that Chen Cong was ordered by Chen Ming to kill Ma Jie.

After Meng Lang obtained the recording, he sent the recording to the court, naturally anonymously, because this kind of evidence has no legal source, and if the source of evidence is illegal, it cannot be used as evidence.It can only be used as an investigation lead for further investigation by the police station.

However, the courts in Tao country are different from western courts. Western courts have never taken the pursuit of the truth as their duty. They just listen to the opinions of both the prosecution and the defense. They decide who wins the lawsuit, and the requirements for evidence are very strict. As long as it is illegal evidence, it cannot be used as evidence for concluding a case. Even if it can prove the truth, they will ignore it.

Therefore, under such circumstances, many parties can only admit that they are unlucky. At the same time, the role of lawyers is very important. If the parties do not hire lawyers, they will inevitably lose the lawsuit.

This is the reason why there are so many lawyers in the West and their incomes are so high, but it is different in Tao. The duty of the courts in Tao is to seek the truth. If the judgment deviates from the truth, the court will definitely be condemned. , so even if the evidence is illegal, they will find ways to make the evidence legal, such as asking the police station to re-examine the evidence and re-investigate to obtain the evidence, instead of resolutely ruling that a certain party loses the case.

Therefore, as soon as Meng Lang sent the evidence to the court, the judge immediately paid attention to it when he saw it. He didn't get the recording before, but now there is a recording. Although he doesn't know who sent it, it sounds like Chen Ming The voices of Chen Cong and Chen Cong.

After the court studied it, it hurriedly transferred the recording to the procuratorate, which in turn transferred it to the police station for them to re-investigate.

The case was reopened like this.

(End of this chapter)