Becoming a lawyer starts with raising a Xiezhi

Chapter 483 Expert Argument
After the case was restarted, the police station called Chen Ming for questioning. Chen Ming certainly did not admit that he knew in advance that Chen Cong was going to retaliate against Ma Jie, but when the police station took out the recording and played it to him, he was dumbfounded.

Faced with this new recording evidence, Chen Ming wondered whether his mobile phone had been monitored. Otherwise, how could the police station have a recording of his conversation with Chen Cong?

He didn't understand legal evidence and illegal evidence, so he was stunned for a while. Under the strong pressure of the investigators, he finally admitted that Chen Cong had told him that he wanted to take revenge on Ma Jie, but he didn't think much about it at the time. Because Ma Jie had a problem with him, and his younger brother wanted to take revenge on him, as long as nothing serious happened, he would not object, but he never thought that Chen Cong would kill Ma Jie.

What Chen Ming said was exactly the same as what meng lang had guessed.After listening to his explanation, the police station found themselves in a difficult situation. Under such circumstances, can it be considered a joint crime?

The investigators couldn't make up their minds, so they had to let Chen Ming go back first, and then contacted Meng Lang, because Meng Lang had been in contact with them before and wanted to consult him.

At this moment, Meng Lang couldn't make up his mind. After answering their call, he came up with an idea and told them that he could pay an expert to come over and prove it. Can they travel with the money?

After hearing this, the investigators couldn't answer the question. They didn't want to do things that cost money. Funding was difficult. How could they have the money to invite experts to come and demonstrate?
When meng lang saw him, he went back to discuss with Ma Jie's family, listened to their opinions, and asked them what they thought, and if they wanted to invite an expert to come over for a demonstration. If he wanted, he would help to contact the expert, but they had to pay for the expert's demonstration fee.

Ma Jie's family members are now focused on getting the police to arrest Chen Ming, as long as they can arrest him, they are willing to spend any money.

With the help of Ma Jie's family, Meng Lang invited five leading figures in criminal law from Shangjing to come over and discuss the matter.

When people at the police station learned about this matter, they took it very seriously. The leader of the police station personally participated in an expert discussion meeting, where five criminal law experts discussed this issue.

Three experts believed that Chen Ming was suspected of committing a crime because he helped Chen Cong commit crimes. Although Chen Cong did not tell him whether he was going to commit a crime, but from the relationship between Chen Ming and Chen Cong as brothers, And when Chen Cong told him that he wanted to take revenge on Ma Jie, Chen Cong's crime did not go beyond his will, that is to say, Chen Cong's crime was beneficial to him, and he did not express any objection. On the contrary, he also provided Ma Jie's address, Provided substantial help to Chen Cong's crime.

Knowing that others have committed a crime, but still providing help to others, this has the intention of jointly committing a crime. Although it is only an accessory, it is obviously a crime.

As for Chen Ming's alleged crime, two of the three experts believed that his crime should be determined according to the crime of the principal offender, that is, the crime of intentional homicide, but according to the circumstances of Chen Ming's crime, he could be given a lighter sentence.

Another expert believes that Chen Ming's crime should be determined as the crime of intentional injury, because Chen Cong's revenge is generally understood as injury. condemned him.

In addition to these three experts, there are two other experts who believe that Chen Ming is innocent. Although Chen Ming knew that Chen Cong wanted to take revenge on Ma Jie, the two had never discussed and premeditated before. Chen Ming provided Chen Cong with information about Ma Jie. If Chen Ming arrived at the scene and led Chen Cong to take revenge on Ma Jie, that would be a kind of substantial help.

And Chen Ming just told Chen Cong on the phone where Ma Jie lived. Have you committed a crime?
Unless it is determined that Chen Ming is abetting a crime, purely verbal acts cannot be deemed to be a joint crime, and abetting a crime is not a crime, as long as there is a verbal act.

In this case, Chen Ming obviously did not constitute abetting a crime, so Chen Ming's behavior did not constitute a crime.

After listening to the words of these two experts, the leader of the police station frowned. Three experts said he was guilty, and two experts said he was not guilty. Can Chen Ming be determined to have committed a crime based on a three-to-two decision, with the minority obeying the majority?

Meng Lang sat there, frowned and thought for a while, "I don't think only instigating a crime is a verbal crime. For example, the crime of insult and defamation is also a verbal crime. As long as there are words, it is a crime. The crime of harboring, if the suspect is directed to escape, constitutes the crime of harboring, which is a verbal crime. In this case, Chen Ming told Ma Jie's address and knew that Chen Cong wanted to take revenge on Ma Jie. If Chen Ming did not tell Chen Cong where Ma Jie lived, then Chen Cong would encounter difficulties if he wanted to commit a crime. Therefore, Chen Ming's actions helped Chen Cong commit crimes. He is an accomplice, so I think Chen Ming constituted a crime. As for what crime is used to punish him, I think it is secondary. It is good to have an accurate characterization, but if the characterization is not accurate, as long as the punishment is appropriate for the crime, justice will be realized.”

After hearing what he said, the two experts said: "Considering that Chen Cong is Chen Ming's younger brother, Chen Cong asked him for Ma Jie's address. Out of family affection, it is impossible for him not to tell him, tell Chen Cong Ma Jie's address. The address did not lead Chen Cong to find Ma Jie. Chen Cong had the opportunity to kill Ma Jie because Chen Cong followed and monitored Ma Jie. Chen Ming informed him of Ma Jie's address. Cong did not play a big role in the criminal process, it can be said to be negligible and negligible, if Chen Ming is determined to be an accomplice, the punishment will be inappropriate."

The rebuttals of the two experts seemed to be reasonable. Meng Lang thought about it and said: "To determine a crime, you need subjective malice and objective behavior. Chen Ming has a conflict with Ma Jie, and Chen Cong is his younger brother. Cong proposed to take revenge on Ma Jie. As a normal person, he should be able to understand what this meant. Even if Chen Ming did not have the intention to kill, Chen Cong's words of revenge were equivalent to the beating he had received before. He should know that Chen Cong It was to hurt Ma Jie. In this case, he told Ma Jie his address, which was obviously subjective and malicious. Just imagine, if Chen Cong told him that he wanted to take revenge on his child, would he still tell him where his son lived? Obviously it is impossible. Subjectively, there is malice, but objectively, he did help Chen Cong commit the crime, so it would be unfair to find him innocent."

(End of this chapter)