Becoming a lawyer starts with raising a Xiezhi

Chapter 507 Rebuttal
The public prosecutor first refuted He Shanshan's lawyer's opinion that He Shanshan was the crime of negligent death. The public prosecutor said that He Shanshan was the instigator of the crime and asked the defendant Xiao Long to kill the victim Guo Guo many times. Tunsheng, and provided the keys to the house and 5000 yuan. The consequences of pursuing the victim's death are clear. After the defendant Xiao Long strangled the victim Guo Tunsheng, he tied the victim together with Xiao Long. Put down the trunk of the car.The space in the trunk was small and the weather was hot. The defendant He Shanshan should also know the consequences of putting a person who was almost dead in it.

According to the opinion of the forensic expert, due to the high degree of corruption of the victim's body, the cause of death cannot be accurately identified, but it is determined that the victim did not rule out the fact that he died of suffocation, and according to the confession of the defendant Xiao Long, he strangled the victim with a rope Three to four minutes, such a long time is enough to cause the death of an adult, so the two defendants stated that the death of the victim at that time did not conform to the facts of the case.

Even if the two claimed that they did not die at the time, the two tied the victim and put it in the trunk of the car. In a confined space, the victim has been seriously injured, which is enough to cause his death.

The defendant He Shanshan did not care about the victim's life after putting the victim in the trunk of the car. When others asked about the victim's situation, she replied that she had traveled far away. Knowing that the victim is dead, there is no hope of surviving, otherwise he would not tell outsiders that the victim has traveled far.

Therefore, He Shanshan's defender claimed that He Shanshan committed the crime of negligent death, ignored the facts of the case, took the facts of the case out of context, and used negligence to prevaricate her guilt. This is completely against the facts and the law.

The public prosecutor refuted He Shanshan's defense lawyer's opinion with reason and evidence, and said it with confidence. He Shanshan's defense lawyer couldn't help smiling when he heard this, and was speechless.

After rebutting He Shanshan's lawyer, the public prosecutor began to refute Meng Lang again. He said that the defendant Xiao Long did not constitute a surrender, which was the act of the criminal suspect voluntarily surrendering himself to the crime and truthfully explaining the main facts of the case. Although the defendant Xiao Long He waited at the scene, but the purpose of his waiting was not to accept the handling of the competent authority, but to be smart enough to think that his crime would not be discovered. After the police took him away for interrogation, he still did not confess his crimes. crime, until the investigators found out that he was a criminal suspect through monitoring, he did not explain the problem.

Judging from the above situation, the defendant Xiao Long did not take the initiative to surrender and explain the problems at all, but was passively taken away by the police and passively explained the problems. This does not meet the constituent elements of surrender, so he cannot be regarded as surrendering.

The public prosecutor said this with confidence. Meng Lang smiled when he heard this. The public prosecutor's level is not bad.

After talking about this question, the public prosecutor said that the defendant Xiao Long did not constitute a major meritorious service. Although Xiao Long took the police to He Shanshan's house and arrested He Shanshan with his assistance, He Shanshan and him He is a co-criminal, and he confessed that the location of the crime, that is, He Shanshan's home is the problem he should explain. The investigators arrested He Shanshan at He Shanshan's home, but Xiao Long did not play an indispensable role. To constitute a major meritorious service, objectively, even if Xiao Long did not take the investigators to the scene of the crime, the investigators could still arrest He Shanshan.

What the public prosecutor meant was that although Xiao Long took the investigators to He Shanshan's house and arrested He Shanshan, since He Shanshan was arrested at home, and where He Shanshan's home is, Xiao Long The content of what Long should confess, the investigators may not need Xiao Long's assistance in the arrest, or they can arrest He Shanshan at He Shanshan's home, and if He Shanshan was not captured at her home, but Xiao Long led the case Only when the person is captured in a hidden place can they constitute a major meritorious service.

After the public prosecutor finished talking about this question, he refuted Meng Lang's question that Xiao Long was an indirect intentional homicide.He said that even if the victim was not strangled to death at home, the defendant Xiao Long put it in the trunk of the car and parked it in a parking lot that no one else knew, which is a direct intentional crime.

Xiao Long's behavior is not a laissez-faire behavior at all, but an active pursuit behavior, because he knows that the victim will die, if this is not directly intentional, what is it?The opinion of Xiao Long's defender cannot be established.

After the public prosecutor finished his rebuttal, He Shanshan's lawyer said nothing, but Meng Lang raised his hand to ask for an opinion. After the judge allowed it, he said that although the defendant Xiao Long was unwilling to confess after being taken away by the police , but under the ideological work of the investigators, he quickly admitted the facts of the crime, which provided help for the quick detection of the case, reduced the cost of handling the case, and after confessing, he has been able to confess his problems frankly, so he should be given a lighter punishment .

As for Xiao Long assisting the investigators in arresting the defendant He Shanshan, according to the law, if a criminal suspect assists the investigators in arresting a major criminal suspect, it should be considered a major meritorious service.So in this case, is Xiao Long assisting in the arrest?

It is true that, as the public prosecutor said, as long as He Shanshan does not run away, the investigators will arrest her at her residence sooner or later. This should undoubtedly be something worth promoting and encouraging. Just because He Shanshan was arrested at home, Xiao Long’s act of assisting in the arrest would be meaningless. If it was meaningless, why would the investigators let Xiao Long Where is the dragon leading the way?Obviously, the investigators thought that it was meaningful for Xiao Long to take them to arrest He Shanshan. First, he could lead the way, and second, he could trap He Shanshan through Xiao Long. This is where Xiao Long can play a role. Afterwards, he felt that it was very easy to arrest He Shanshan, so he denied the significance of Xiao Long's assistance in the arrest.

Meng Lang mainly refuted the issue of major meritorious service, because he believed that according to the law, Xiao Long's behavior was an act of assisting in the arrest, and he could not deny him just because he felt that arresting He Shanshan was a very simple act afterwards. It would be unfair to him to help capture this plot.

When he said this, the judge listened and nodded slightly, and the public prosecutor seemed to be thinking about it. There are indeed some differences in understanding on this issue, and in the end it can only be left to the judge to decide.

(End of this chapter)