Becoming a lawyer starts with raising a Xiezhi

Chapter 492 Full Defense
When cross-examining the testimony of the witnesses, Meng Lang said: "The testimony of several witnesses proved that the defendant Tian Rong had a fierce quarrel with the victim Ma Fei, and Tian Rong said that Ma Fei raped her. According to the testimony of the witnesses, this It is enough to prove that Ma Fei had robbed and raped the defendant before. As a woman, if Ma Fei had not robbed and raped her, she would not have said such things in front of everyone. Let the defendant leave, which shows from the side that the defendant and the victim did not have a very close boyfriend and girlfriend relationship. The defendant reacted violently because of this incident, which also indirectly proved that Ma Fei raped her before. Imagine if the defendant There was a fierce conflict with the victim. Just because of a trivial matter, the defendant pointed a knife at each other, which was against common sense. It was precisely because the victim had robbed and raped the defendant before that the defendant reacted strongly, and the murder occurred, although now due to The victim is dead, and there is no evidence to prove the existence of the fact of robbery, but from the defendant's statement, it can also be determined that the fact of robbery exists objectively. Please consider this as a lesser crime when the collegial panel deliberates on this case Circumstances are identified."

After in-depth understanding and consideration, Meng Lang overturned his previous judgment and believed that Ma Fei might have raped Tian Rong.Although Tian Rong did not call the police after the incident and demanded more than 300 yuan from Ma Fei afterwards, this does not mean that Ma Fei did not rape Tian Rong.

It can only be said that Tian Rong was stupid at the time, or that she wanted to save face and didn't want people to know about this matter. Besides, the matter is in the past, and it is meaningless to pursue these matters.

But if Ma Fei did not rape Tian Rong, and the two had voluntary sexual relations, not to mention that this is not in line with common sense, it is in line with common sense, and the two had a one-night stand, then Tian Rong is unlikely to say that Ma Fei raped him afterwards In her words, Tian Rong has never reported to the police, and there is no possibility of falsely accusing Ma Fei of framing Ma Fei. There is no need for her to speak out about the quarrel with Ma Fei, and there were several men at the time.

The only reason Tian Rong went to see Ma Fei afterwards was because she thought the matter was over and just regarded it as a one-night stand. This showed that her legal awareness was weak. A girl who went out to work and had a carefree personality appeared. this situation.

However, when Ma Fei refused to let her leave the hotel, it became unbearable for her, and her way of fighting back was to tell the matter so that Ma Fei would retreat in spite of the difficulties, but Ma Fei not only did not accept the difficulties but gave up. He even asked her for the more than 300 yuan she had given her, which undoubtedly stimulated Tian Rong's psychology even more, causing her to lose her mind and stab Ma Fei to death with a knife.

If there was no previous robbery and rape, it was just that Ma Fei refused to let her go, she would not have stabbed Ma Fei to death with a knife because of this, so Tian Rong said in her confession that she thought of Ma Fei's robbery at that time She stabbed at Ma Fei angrily about her affairs. This was not her words to shirk responsibility, but a reflection of her psychology at the time.

There is no love without reason, and there is no hatred without reason. Ma Fei planted the root of evil, and then he was killed. Of course, Tian Rong must bear the responsibility for killing, but Ma Fei himself has serious faults. Therefore, Tian Rong should be given a lighter punishment.

Meng Lang expressed this point of view during the court debate, and the judge was moved when he heard it. Before that, everyone thought that Tian Rong must be a vixen who voluntarily had sex with Ma Fei. Otherwise, how could he find him? Ma Fei contacted her ex-boyfriend to help resolve the matter between her and his ex-boyfriend.

From a man's point of view, this may indeed be the case. This happens only when women are indiscreet. How could it be robbery?

However, the problem must be viewed from an overall perspective, and the cause and effect of the matter must be viewed. Tian Rong and Ma Fei have not known each other for a short time, and there is no basis for any relationship. Helping her find a job is not a great favor that must be repaid. This At that time, it was too far-fetched to say that Tian Rong would voluntarily have sex with Ma Fei.

Of course, it is not ruled out that Tian Rong wants to have a one-night stand, but if Tian Rong wants to have a one-night stand, why did Ma Fei not let her leave the hotel after a few days, and why did she not agree?
What reason does a lecherous woman have to refuse the invitation of another lecherous man?Even if she refused, did she have to react so strongly?Wouldn't it be better if Ma Fei refused to let her go, she left by force, or call the police?

The reason why Tian Rong didn't do this was because there was something hidden in it. She knew what Ma Fei's purpose in not letting her leave, so she wanted to explain this matter clearly, not because she had sex with Ma Fei, It was the establishment of a boyfriend and girlfriend relationship with him, and Ma Fei probably thought so in his heart. After he was overlord, he felt that Tian Rong didn't have any violent reactions, so he thought that Tian Rong was conquered by him, and wanted to let him Tian Rong will accompany him every day from now on.

It was precisely because Tian Rong realized that Ma Fei had such thoughts, she told the situation of Ma Fei's robbery and raped her in a hurry, and made it clear to the theory.

As a result, Ma Fei not only disagreed, but also asked her to repay the three hundred yuan, which undoubtedly irritated her severely. The three hundred yuan was a shame to her, and Ma Fei's shameless attitude made her lose sanity.

If Ma Fei could just let it go at this time, instead of adding fuel to the flames, trying to cut her with a knife instead of splashing her with beer, she probably wouldn't make crazy moves.

When Ma Fei unscrupulously stimulated her further, she went into a complete attack and picked up the fruit knife again and stabbed Ma Fei, causing tragedy.

This is a reasonable reasoning. Although there is no evidence to prove it, it is enough to generate free evidence in the mind of the judge, and it is determined that Ma Fei has a major fault in this case. Even if it is not identified in the judgment, it will be reflected in the sentencing.

After the trial, the case has not been judged for a while, and the judge needs to study it further.

But meng lang felt that the defense of this case should be relatively successful and the reasoning should be sufficient. In the end, the prosecutor also felt that the fact of robbery and rape was very likely to exist.

It is an amazing skill to be able to make a fact that is not proved by evidence credible. Although everything in a lawsuit must be based on evidence, but in the absence of evidence, we must try our best to make the truth appear. Get out of the water and try to make the case clear.

The starting point of the intentional homicide case is the death penalty, followed by life imprisonment and fixed-term imprisonment. It would be good if the court sentenced Tian Rong to life imprisonment in this case. be successful.

(End of this chapter)