Becoming a lawyer starts with raising a Xiezhi

Chapter 488 Fairness and Justice
Chen Cong told Meng Lang again that he told Chen Ming that he wanted to take revenge on Ma Jie. From the perspective of others, this was really evil. Why did he not tell the truth when the prosecutor asked him, but when Meng Lang asked, He spoke.

Chen Ming's defense lawyer felt that both of his brothers had been bewitched by evil spirits. If there were no bewitched spirits, this situation would never have happened.

"Report to the presiding judge, this lawyer applies for a psychiatric evaluation of the two defendants." Chen Ming's lawyer couldn't contain himself and made a request to the court.

"Why apply for a psychiatric evaluation?" the judge asked.

Chen Ming's defense lawyer said: "Both of them are mentally abnormal. Their confessions are inconsistent and incoherent. They cannot be used as evidence for concluding the case. In order to protect the legal rights of the two of them, an appraisal of their mental condition should be made."

As soon as the lawyer finished speaking, the public prosecutor retorted: "They don't even think they have mental problems. How did the defender know that they have mental problems? Their repeated confessions are because they are afraid of crime, but they finally admitted My own crime is a manifestation of a good attitude of pleading guilty. Does the defender think that they have a problem with their brains when they voluntarily plead guilty? Is the defender wholeheartedly thinking about getting the defendant to retract his confession in order to achieve the goal of exonerating the defendant?"

The public prosecutor knocked the mountains and shook the tiger, Chen Ming's defender couldn't sit still, and immediately retorted: "I never meant to let the defendant retract his confession, I just wanted to protect his legal rights, and the public prosecutor's words are a kind of slander against me! "

"Did you slander you? You know in your heart that as a lawyer, you still have to stand on the side of justice. You can't stop professional ethics just to make money and exonerate the defendant." The public prosecutor bluntly replied to Chen Ming's defense. A lawyer.

Chen Ming's defense lawyer blushed when he said that, he was terrified, he didn't dare to fight any more, and said something flamboyant: "This lawyer defends according to the law, and has never done anything illegal." That's it.

After questioning the two defendants, the public prosecutor presented evidence. Since the two defendants changed their words at the final stage and the content of their confession was consistent with the transcripts made by the investigation agency, the public prosecutor took the transcripts of the two defendants as evidence in court. submitted to the court.

After the court investigation was over, it entered the courtroom debate. As to whether Chen Ming committed a crime, and if so, what he committed, the prosecution and the defense had a fierce confrontation.

The prosecutor believed that Chen Ming knew that Chen Cong was going to take revenge on Ma Jie, but still provided him with the address of Ma Jie's home, which helped Chen Cong commit murder. Therefore, he was suspected of intentional homicide and was an accessory and could be given a lighter punishment.

But the defender believed that Chen Ming did not constitute a crime. The reason was that even though Chen Ming knew that Chen Cong was going to take revenge on Ma Jie, the content of the revenge was unknown to Chen Ming. Chen Ming telling Chen Cong Ma Jie's address did not prove that Chen Ming had the intention to commit a crime, and Chen Ming knew that Ma Jie owed Chen Cong money, so Chen Ming subjectively believed that Chen Cong went to Ma Jie mainly to ask for money, and revenge was just a means for him to ask for money He could not have predicted that Chen Cong would kill Ma Jie, so he had no intention of committing a crime subjectively, nor did he kill Ma Jie objectively. It was obviously a mistake in applying the law to find Chen Ming guilty, and Chen Ming should be adjudged not guilty.

Meng Lang, as the victim's agent, was supposed to represent the victim in the civil compensation part, but when it came to criminal issues, Ma Jie's family still hoped that he would speak up more and let the court convict Chen Ming.

Meng Lang argued that Chen Ming was suspected of committing a crime. Although Chen Cong did not conspire with him in advance, on the day of the crime, Chen Cong called and informed him of his plan to take revenge on Ma Jie. At this time, the two reached a joint criminal intent. , that is to take revenge on Ma Jie, and the perpetrator of the revenge is Chen Cong.

Because they are two brothers, Chen Cong's revenge on Ma Jie was also for Chen Ming. If Chen Ming did not object to Chen Cong's actions, it can be determined that he and Chen Cong had a common criminal intent. He told Chen Cong the address of his home, and provided convenience for Chen Cong to commit murder, which is undoubtedly a kind of accomplice.

Although Chen Ming did not explicitly instruct Chen Cong to kill people, when he learned that Chen Cong was going to take revenge on Ma Jie, he played an imperceptible role of instigation, and the two constituted a joint crime.

It's just that Chen Cong didn't tell him how to take revenge on Ma Jie. According to the principle that the benefit of doubt belongs to the defendant, it can be determined that Chen Ming's behavior was suspected of intentional injury, because the content of the revenge is uncertain, but the intentional injury must at least be within the scope of the content of the revenge. Chen Ming didn't expect Chen Cong to kill people, but Chen Cong went to take revenge on Ma Jie. He should know that Chen Cong might cause harm to Ma Jie.

Chen Cong, as the perpetrator, has a situation where the perpetrator exceeds the limit. It is more appropriate to pursue Chen Ming's criminal responsibility for the crime of intentional injury.

When he said this, the judge listened very carefully and found it very reasonable. If Chen Ming was suspected of intentional homicide just because he told Chen Cong about Ma Jie's address, it would be hard for him to accept it. Intentionally hurting intentionally, he has nothing to say, right?

Although the defender insisted that Chen Ming was innocent, he couldn't justify himself. Chen Ming knew that Chen Cong was going to commit a crime and provided help to him. How could he be innocent?
After heated debates between the prosecution and the defense, the judge finally announced the end of the trial and announced the verdict at an optional date.

Ma Jie's family members were very satisfied with Meng Lang's performance. On the one hand, they felt much calmer. They had always believed that Chen Ming was the murderer behind the scenes. They believed that Chen Ming was the culprit, and Chen Ming must be sentenced to death.

But now, after the trial, they believed that Chen Ming might not have instigated Chen Cong to kill Ma Jie, so their original anger was much reduced.

On the other hand, Meng Lang made both Chen Ming and Chen Cong admit that they knew in advance that they would take revenge on Ma Jie. Although Chen Ming would not commit a capital crime, he would definitely bear criminal responsibility. This is the most fair way.

Therefore, fairness and justice can calm both the defendant and the victim, the defendant has nothing to say, and the victim will not worry about it.

At the final stage of his statement, Chen Ming also admitted that he was confused at the time and had the idea of ​​revenge on Ma Jie. He provided Ma Jie's address to Chen Cong and was suspected of committing a crime. He hoped that the court would give him a lighter punishment.

And Chen Cong personally committed the murder. After this retrial, he also realized that he was also impulsive. If Chen Ming could persuade him at that time, he would not have made such a big mistake. Some of the head blame Chen Ming.

(End of this chapter)