Simulates the court script

Book: please other people keep quiet, now read the court rules:
One, the mental patient, a drunken man shall not sit in;
Two, in the case of the trial should be closed pager, mobile phone;
Three, without permission are not recording, video and photography, permission shall not use flash photography;
Four, not to wander about and to enter the trial area;
Five, no questions, questions, clapping, noise, noise and other interfering with judicial activities;
Six, take care of court facilities, the court shall maintain health, smoking and spitting;
Seven, bystander violates the court rules, the presiding judge can oral warning, reprimand, can also confiscate the recording, video and photographic equipment, shall be ordered to leave the court or with the approval of the president of fines, detention; to hongnao, insult, libel, the impact of the court, threats, assault trial personnel, seriously disrupting the order of the court, shall be investigated for criminal responsibility according to law.
In eight, the citizens through the audit the trial of the case, comments or suggestions to the court's judicial activities, can be written in closed court after the court. The above rules of court, auditors must obey
Book: please the public prosecutor, defender in court.
Book: please judge, judge in the court. Please sit down.
Book: (turning) report of the presiding judge, the public prosecutor, the defender had to appear in court, the defendant Wang Wu, Wang two has been pending trial, the court ready.
Judge: (percussion hammer) is now in session. Defendant Wang Wu, Wang Chuan two court. (to be the defendant in court after) what is the basic condition of the accused, Wang Wu?
Wang Wu: my name is Wang Wu, male, born 11 April 1992, the Han nationality, Zhejiang province Tongxiang City, culture of junior high school, eighteenth middle school students, live the Wutong street..
Review: the defendant Wang Wu, a copy of the bill of prosecution has not received? When received?
Wang: received in October 5, 2010 five
The basic situation: the defendant Wang Er?
Wang Er: my name is Wang Er, male, born 18 July 1991, the Han nationality, Zhejiang province Tongxiang City, culture of junior high school, sixteenth middle school students living in the city, Wutong street..
Review: the defendant Wang Er, a copy of the bill of prosecution has not received? When received?
Wang: received in October 5, 2010 two.
Review: the Tongxiang City People's Court Criminal Court, in accordance with the "provisions of the criminal procedure law of the people's Republic of China" in article 152nd, here today according to law in a public trial by the Tongxiang Municipal People's Procuratorate prosecution of the defendant Wang Wu deliberately causing death, the defendant Wang Ergu intended harm case. The collegial panel by judge Li Fengzhi, Wang Yaozhan, by Cui Cong as the presiding judge, clerk Tong Yin as court records; Tongxiang City People's Procuratorate procurator, appointed Li Xiang Deng Wenqian to court to support the public prosecution; by the first defendant Wang Wu commissioned, Zhejiang law firm lawyers section integrity when appearing for the defence of Wang Wu, by the second defendant Wang Er entrusted, the people of Zhejiang lawyer Deng Huiqi is appearing for the defence of human king two.
Judge: according to the provisions of the criminal procedure law of 154th, 159, 160, parties, defenders shall enjoy the following rights in court: (1) can apply for the members of the collegial panel, the clerk, the public prosecutor avoidance; 2) may present evidence, application notice new witnesses, collect new evidence, re identification or inspection, inspection; 3) defendants can defend oneself; (4) the end of the court debate as to.
Review: all right, the two defendants listen? Wang Wu: listen. Wang Er: listen clearly.
Review: the defendant Wang Wu, you avoid the application?
Five: do not apply for the withdrawal of the king.
Review: the defendant Wang Er, you avoid the application whether
Wang Er: don't apply for withdrawal.
(a) the court investigation
The 1: now the court investigation, the prosecutor read out the indictment.
Male: (up) the people's Procuratorate of Tongxiang City, Tong seized criminal procedure (2010) No. ninety-ninth, the defendant Wang Wu, male, 1992 11, April, Han nationality, Zhejiang province Tongxiang City, culture of junior high school, eighteenth middle school students, live the Wutong street. In May 1, 2010 due to the case by the Tongxiang Municipal Public Security Bureau of criminal detention, in May 13th the same year was arrested, now held at the Tongxiang detention center. Defendant: Wang Er, male, born 18 July 1991, the Han nationality, Zhejiang province Tongxiang City, culture of junior high school, sixteenth middle school students living in the city, Wutong street. In May 1, 2010 due to the case by the Tongxiang Municipal Public Security Bureau of criminal detention, in May 13th the same year was arrested, now held at the Tongxiang detention center. Defendant Wang Wu deliberately causing death, Wang two intentional injury causing serious injury case, by the Tongxiang Municipal Public Security Bureau investigation, in July 26, 2010 transferred to the hospital for examination and prosecution, the review found: in the afternoon of April 29, 2010, the defendant Wang Wu home from school, Zhang San was the victim stopped passing through Wenchang Road, three to borrow money for money five for to the king, the king refused to lend money to five, Zhang San military threat, the king shouted for help drew five passerby et al on the sidelines, Zhang three blackmail failed. The morning of May 1st, Wang Wu invited his cousin king two one to the new century park, Wang Er carry the fruit knife, the two defendants and victims, Li Si met Zhang San in the path of large communities, Zhang San asked Wang Wu to take money out of the beaten, Wang Er Lee was stopped in four cases with a knife Lee four stab into severely wounded, ran to the roadside B business telephone booth alarm. In three Wang Wu continue to beat, Wang Wu grabbed a fruit knife Wang two dropped the main evidence proving the fact Zhang San stabbed to death: witness testimony, a and B, appraisal report, statement of the victim, the confession of the defendant. The case facts are clear, evidence really, sufficient, sufficient to recognize. The opinion of this court, the defendant Wang Wu with a knife by the victim when Zhang San beat Zhang San stabbed behavior is defensive in nature, but one death consequences, has obviously exceeds the limits of necessity, and its behavior has constituted the crime of intentional injury causing death; Wang Er was the victim Li Si stopped intentionally use knife to stab into the injured behavior is defensive in nature, but cause a seriously consequences have obviously exceeds the limits of necessity, his behavior constituted the crime of intentional injury (injured). Because the two defendants are excessive defense, shall be reduced or exempted from punishment in accordance with the law, and the defendant Wang Er active alarm is surrendered, may be given a lighter or mitigated punishment. The hospital in order to maintain social order, the protection of the personal rights of citizens are not violated, the fight against crime, according to the "criminal procedural law" the regulation of the people's Republic of China 141st, special prosecution, please follow the "Regulations of people's Republic of China criminal law," article 234Th, article twentieth, sixty-seventh paragraph second, the defendant Wang Wu, Wang Eryu to punish. This, Tongxiang City People's court, prosecutors: Lee Hom. The six volume eighteenth pages
The 1: the two defendants, prosecutors have just read the indictment hear clearly?
Wang Wu: listen.
Wang Er: listen clearly.
The 1: Please bailiffs with second the defendant Wang Er retired on bail. (Wang Er exit) accused Wang Wu of the crime charged in the indictment, the fact that there are no opinion?
Wang Wu yes. I acted in self-defense, does not constitute a crime.
The 1: below by the prosecutor of the accused interrogation.
Male: the defendant Wang five, the public prosecutor in court today on the facts of the case to interrogate you later, you must answer truthfully. Did you hear that?
Wang Wu: listen clearly.
Male: the defendant Wang Wu, you and Zhang San, Li Si know?
Five: do not know.
Male: how do you make Zhang San stabbed to death?
Wang Wu: the first time I met Zhang San on April 29, 2010 in the afternoon on the way home from school, I pass by Wenchang road three stopped me to blackmail money, I shouted to the adults away, he threatened to hit me to kill me.
Male: the May 1st, how did it happen?
Wang Wu: I want to go to the new century park that morning, a man can't go, I'll tell Wang Er what happened in April 29th, told him to accompany me to go.
Male: you continue?
Wang Wu: Wang Er and I met Zhang San and Li Si in the FA Community an alley mouth, a three one hit up
A slap in the face, and caught my clothes should I take money out, he hit me slap in the face, I did not dare to strike back.
Male: what Wang Er was doing at the time?
Wang Wu: he wants to come and help me, but Li Si stopped.
Character: Li Si has called the king of two?
Five: King Li Si stopped the king two does not let him to come, but there was no beatings I am not very clear.
Male: that Li Si is how Wang Er was stabbed?
Wang Wu: I can't see clearly. When I saw Li four has fallen on the ground, Wang Er also had to call away. When Zhang San let go of me to help Li Si, I see something was wrong to run, but was caught by Zhang San.
Male: then tell.
Wang Wu: I heard Li Si call Zhang San I, Zhang San and put me down, I want to resist but beat him, Zhang Sanqi in me fist in my chest, take my hand, I asked him for mercy, but he ignored me, his mouth said to kill me as Li four.
Male: you are on the ground, face is upside down or toward the ground?
Wang Wu: the air.
Character: Zhang San is to be stabbed to death?
Wang Wu: I was hit Manlianshixie, stars, who also pain. My hand is stretched out on the ground out of touch to a fruit knife, I the right hand with a knife toward the three left rib stabbed a knife, three down, I got up from the ground, see there was blood on the floor, frightened. Not a few minutes 110 police came, take us away
Male: why do you want to take a picture of three?
Wang Wu: I was not playing, he stabbed himself to escape.
Male: have you considered to take knife his consequences?
Wang five: No, I took the knife to stab a knife, did not expect him to death.
Male: the judge, the prosecutor of the defendant Wang Wu interrogation temporarily to.
The 1: whether the defendant Wang Wu's lawyer to defendant Wang Wu to ask questions?
A: some argue. Defendant: Wang Wu, you and Zhang San ever conflict?
Wang: no five.
A: why do you want to argue with a knife and stab him?
Wang Wu: I was not playing, I don't strike back he will be killed, I just want to stab his own escape, not to kill him (excited).
A long debate: trial, counsel ask temporarily to.
The 1: whether the defendant Wang Er's lawyer to defendant Wang Wu to ask questions?
Two: no need to debate.
The 1: the defendant Wang Wu, you take a piece of three, whether certain part again?
Wang five: No, I was in panic stab a knife.
The 1: the defendant Wang Wu, did you know that Wang Er brought a knife?
Five: do not know.
The 2: Please bailiffs with defendant Wang Wu retired, with the defendant Wang two court. (Wang two after the court) accused Wang Er of the crime charged in the indictment, the fact that there are no opinion?
Wang: there are two. I acted in self-defense, does not constitute a crime.
The 2: below by the prosecutor of the accused interrogation.
Male: the defendant Wang two, the public prosecutor in court today on the facts of the case to interrogate you later, you must answer truthfully. Did you hear that?
Wang Er: listen clearly.
Male: the defendant Wang two, why did you take a fruit knife Lee four?
Two: King Zhang San play in the king five, I want to help the king five but Li Si stopped, I did not Li Si strength, had stabbed him.
Male: a fruit knife you is where to?
Wang Er: I took on the body of the.
Male: do you usually take?
Wang two: No, the king five tell me what happened in April 29th, so I took a knife from the kitchen to self-defense, Wang Wu did not know that I brought a knife.
Male: you stabbed Li Siqian, Li Si has not hit you?
Wang two: No, he's stopped me don't let me to help the king five.
Male: that was a three hit Wang five playing badly?
Wang Er: a three beat Wang five slap in the face, hit his chest, Wang Wu did not dare to fight back.
Male: according to your judgment, if you do not go up to help the king five at the time, Wang Wu will have life risk?
Two: the king is not expected to have life risk.
Male: after the accident who is 110?
Wang Er: I called the phone booth boss reported to the police.
Male: why would I call the police?
Wang Er: fear.
Character: Wang Wu take knife after Zhang San did you see?
Wang: no two.
Male: the judge, the prosecutor of the defendant Wang Er interrogation temporarily to.
Judge: whether the defendant Wang Er's lawyer to defendant Wang Er to ask questions?
Two: there is debate, the defendant Wang Er, you and Li Si is a contradiction?
Wang two: No, just didn't know.
On two: why should you get stabbed Li four?
Wang Er: I have no way to stab him. I want to help the king five, he tried to stop me, I'm in a hurry, and there is no other way, had stabbed him.
Debate: two judge, defendant temporarily to ask.
Judge: whether the defendant Wang Wu's lawyer to defendant Wang Er to ask questions?
Two: no need to debate.
Instance: please with the defendant Wang five court bailiff.
2: (Wang Wu trial after the court by the prosecutor burden) now.
Male: the prosecutor asked the court Witness Lee four to testify in court.
The 2: Please bailiffs took the Witness Lee four to testify in court.
The 2: (after Li Si Li Si), you have stated their identities.
Li Si: my name is Li Si, this year 22 years old, living in the city primary school culture, Jiu Qu Xiao Qu, we stay at home.
The 2: your relationship with a party to the case?
Li Si: I and Wang two, Wang Wu didn't know, after that is the first time I met, I was the victim.
2: the trial in court today, you must state the facts of the known facts, or to bear the corresponding legal responsibility. Did you hear that?
Li Si: I know, I will tell.
The 2: ask the witness to the book signing. (by the bailiff will guarantee to the witness box, to be signed after the return to the presiding judge)
The 2: the prosecutor asked.
Character: Li Si, you have the morning of May 1st happened after about again.
Li Si OK. That morning I and Zhang San in the big big community play, the results met the defendant Wang Er and Wang Wu, I still can't call their names. We met after Zhang San went up and gave the king five one slap, also called him to take money out of. In a three call Wang five, Wang two want to ran to help, I caught a left arm was stopped, the results Wang Er later pulled out from his pocket a fruit knife should I let go. I always thought that he did not dare take knife I, said to him "you dare to use knife I'll kill you", he really stabbed me, thorn in my belly. After I was shouting 'Oh' fell to the ground, Wang two throw knives ran. Zhang San came to help me, I saw the king five want to run called Zhang San seized him. I was very excited, Zhang San killed king five avenge me. Zhang San put Wang Wu down to the ground, and then ride on him and beat him. Then somehow Zhang San was stabbed. Then the police came, I, Zhang San and Wang Wu sent to hospital.
Character: Zhang San why want to beat the king five do you know?
Li Si: not clear.
Male: why do you want to stop the king two to help the king five?
Li Si: one of course is one to one, I'm a friend of Zhang San, sure to help him stop this man.
Male: did you call the king of two?
Li Si: No, he didn't allow his past is take.
Male: the presiding judge, prosecutor asked.
The 2: the defender can witness for questioning. Defendant Wang Wu's lawyer, whether to need to ask?
A: some argue. The witness, three again on the king five beaten when you see?
Li Si: see.
A: can you describe the debate in court?
Li Si: I was stabbed with a knife, a lot of blood flow, the head is a bit dizzy. But I see it is playing in the Zhang San king five, has not stopped, until he was stabbed with a knife fell to the ground.
A long debate: trial, ask.
Judge: whether the defendant Wang Er's defenders need to ask?
Two: some argue. Li Si, you're stopped Wang two does not let him forward, Zhang San is to beat the king five?
Li Si.
On two: how does Zhang San beat Wang Wu?
Li Si: clap, punching etc..
On two: playing badly?
Li Si: not at all.
Argument: the presiding judge, asking after two.
Review: the defendant Wang Wu, you on the testimony of witnesses Li Si have?
Wang: no five.
Judge: the accused Wang two, you on the testimony of witnesses Li Si have?
Wang: no two.
Instance: ask the witness to Li Si retired
Below by prosecutors continue to burden of proof.
Male: the prosecutor asked the court to testify in court witness a.
The 2: Please bring witnesses a court bailiff. The witness a, in court today, you must state the facts of the known facts, or to bear the corresponding legal responsibility. Did you hear that?
A: I know, I will tell.
The 2: ask the witness to the book signing. (by the bailiff will guarantee to the witness box, to be signed after the return to the presiding judge)
The 2 day: below you will you what one sees and hears in court.
A: my name is Xu Qi, is the Phoenix street people, this year 39 years old, working in the city land company, on April 29th afternoon 5 when make, I in Wenchang Road, roadside snack bar to eat every day, suddenly heard someone crying for help, went out to see what was going on, I saw the defendant (finger Wang Wu) back bag and another big and tall person, also is the three stand together, I went to hear Wang Wu say: "I don't know you, why should give you the money? "Zhang Sanjiang:" you take out the money of the body, to the brothers flower, not to say, hey, give you suffer. "Later the bystanders up, three to Wang Wu said a sentence:" you wait and see, the next time I meet will beat you flat "turn left after. This is what I saw and heard the truth. I am willing to bear the corresponding legal responsibility.
The 2: the defendant Wang five, witness a testimony to listen clearly? There is no opinion?
Wang Wu: listen, no opinion.
The 2: defenders have no opinion?
A: no argument.
The 2: ask the witness to a retired. (retired after)
Please continue to burden the public prosecutor.
Male: read the testimony of witness B (I call B, is the Phoenix street people, this year 35 years old, in the big big community operate their own booth, on the afternoon of May 1st 8 points more, I was in the booth and read a book, suddenly heard someone shout across the road in the noisy, I went out to look. Look, see the scenario is: Zhang San beating Wang five, Wang five to hand over the money, Li Sine took Wang Er's arm, see Wang Er took out a fruit knife to Li Sijiang: "you get out of the way". Li Sijiang: "your boy dares to use knife I'll kill you. "I am afraid it would happen, just ran over to pull them, and the king two has been stabbed Li Siyi knife. Then, he threw down the fruit knife edge towards me running and shouting: "alarm! To alarm. "I hurried back to the telephone booth called" 110". I ran out of the booth after the phone call, only heard Zhang San shouting "kill you", and heard Wang Wu ask for forgiveness, my leg is not good, run slow, ran over to stop three, saw Wang Wu from the ground to find a knife to Zhang San, then with blood all over his face, his hand knife son sitting on the ground. Five minutes after the "110". The three volume sixth pages
The 1: the defendant Wang Wu, Wang two, the public prosecutor just read the testimony is that clear? There is no opinion?
Wang Wu: listen, no opinion.
Wang Er: listen, no opinion.
The 1: defenders have no opinion?
A: no argument.
Two: no argument.
The 1: Please prosecutors continue to burden of proof.
Male: read the identification book three.
The first: Tongxiang City Public Security Bureau autopsy report  Tong Gong penal code word (2010) Seventy-eighth by the examiner: Zhang San, male, 21 years old, Tongxiang Wutong street people
Analysis
According to the autopsy findings, is testing a 2CM × 0.1CM × 7CM wound left subcostal, analyses that the single edge bayonet sting, visceral rupture, causing massive bleeding shock as the cause of death.
Conclusion
While the death shock bleeding three system.
Inspection: the horse six (deputy director of medical examiner willow (method) Medicine Division) two 00 three years in May 2nd three volume eighteenth page investigation
Second: damage identification in vivo  Tong Gong Xing live medical word (2010) twenty-eighth by the examiner: Li Si, male, 22 years old, Tongxiang Wutong street people
Analysis
According to the standard of serious human identification, is testing Li Sizhi injury in accordance with the provisions of article seventy-second, constitute a serious injury.
Conclusion Li Sizhi damage seriously. Inspection: the horse six (deputy director of medical examiner willow (method) Medicine The two Division) 00 May 13th threeThe three volume nineteenth pages
Third: damage identification in vivo  Tong Gong Xing live medical word (2010) No. twenty-ninth inspection: Wang five, male, 18 years old, Tongxiang Wutong street people
Analysis
According to the standard of identification of the body injured, is testing Wang Wuzhi injury in accordance with the provisions of article thirty-second, constitute a minor injury.
Expert conclusion
Wang Wuzhi injury for minor injuries.
Inspection: the horse six (deputy director of medical examiner willow (method) Medicine The two Division) 00 May 1st threeThe three volume twentieth pages
The 1: the defendant Wang Wu, Wang two, identification of the public prosecutor just read hear clearly? There is no opinion?
Wang Wu: listen, no opinion.
Wang Er: listen, no opinion.
The 1: defenders have no opinion?
A: no argument.
Two: no argument.
The 1: prosecutors continue to burden of proof.
Male: read the transcripts of the morning of May 1, 2010, I extracted: Bureau of police on duty Wu Moumou, Fei received a report said the city made great violence cases, so the police Wu Moumou, fee immediately rushed to the scene, see two people fell to the ground (Zhang San and Li Si), when to send the injured to the hospital rescue, and from the field extraction of fruit knife. After identification, Zhang San blood knife, knife handle have Wang Wu fingerprint. Tongxiang City Public Security Bureau Criminal Investigation brigade. May 6, 2010. (and to show to the court the fruit knife, the bailiff to show the defendant, the defenders, returned to the public prosecutor). The three volume sixth pages
The 1: the defendant Wang Wu, Wang two, you are the fruit knife used for?
Wang Wu: the last point, I do not know, (put in) is the.
Two: is the king.
Instance: defender have no opinion?
A: no argument.
Two: no argument.
Instance: prosecutors continue to burden of proof.
Male: read the defendant to prove that Wang Wu, Wang two household. Wang Wu, male, 1992 4 month 11 days, Han nationality, Zhejiang province Tongxiang City, culture of junior high school, eighteenth middle school students, live the Wutong street Wenchang community Wang Yang Road No. 17, non-agricultural. Wang Er, male, born 18 July 1991, the Han nationality, Zhejiang province Tongxiang City, culture of junior high school, sixteenth middle school students living in the city, Wutong street Wenchang community Tai Hing Road No. 56, non-agricultural. The three volume fifteenth pages
Review: the defendant Wang Wu, Wang two, the public prosecutor just read the proof of residence hear clearly? There is no opinion?
Wang Wu: listen, no opinion
Wang Er: listen, no opinion.
Instance: defender have no opinion?
A: no argument.
Two: no argument.
Instance: prosecutors continue to burden of proof.
Male: read after the morning of May 1, 2010, I captured: Bureau of police on duty Wu Moumou, Fei received a report said the city made great violence cases, so the police Wu Moumou, fee immediately rushed to the scene, see two people fell to the ground (Zhang San and Li Si), when to send the injured to the hospital rescue, at the same time is near the scene of the Wang Wu also sent to hospital for treatment, and two with the car back to the investigation of the king. Via checking, King Wang Erzheng five, the alleged killer, then take compulsory measures for two people. The three volume seventh pages
Review: the defendant Wang Wu king, two, captured the public prosecutor just read after hear clearly? There is no opinion?
Wang Wu: listen, no opinion.
Wang Er: listen, no opinion.
Instance: defenders have no opinion
A: no argument.
Two: no argument.
The public prosecutor: please continue to burden of proof.
Male: the burden of.
Judge: whether the defendant has evidence to show to the court?
Wang: no five.
Wang: no two.
Trial counsel: is there evidence to show to the court?
A: no argument.
Two: no argument.
Instance: court investigation ended, now the court debate.
First by the prosecutor issued a public prosecution.
Male: judges, two judges, today we attend the court to the state prosecutor's identity, to the Tongxiang City People's court in the trial of the accused person Wang Wu deliberately causing death, the defendant Wang Er intentional injury causing serious injury to appear in court to support the public prosecution, court supervision duties and perform. The court investigation and evidence from just issued by the public prosecutor, the facts of the case are clear, the evidence is true and sufficient, the following is published as follows on the defendant's conviction; first, the defendant Wang Wu and Wang two crime has over 18 years of age, and there is no psychiatric symptoms, two the defendant has the ability to complete criminal responsibility, consistent with the main elements of the crime of intentional injury. Secondly, the defendant Wang Wu deliberately hurt others body, with a fruit knife stabbed the victim Zhang three left ribs, causing the victim to the left atrial appendage Zhang San a crack, due to the death of hemorrhagic shock. Defendant Wang Er deliberately hurt others body, with Lee four melee process with a fruit knife in the abdomen caused by Li Si Li Si, a ruptured spleen, forensic injury, and the defendant Wang Wu was only slightly injured. The two defendants have deliberately wounding in the subjective, objective implementation hurtful behavior and cause the serious consequence, their behavior has constitute intentional crime death and intentional injury causing mayhem injury. The defendant Wang Wu's behavior is defensive in nature, but the defensive behavior obviously exceeds the necessary limit caused significant harm, belong to excessive defense. Sentencing ", according to the provisions of paragraph second of the people's Republic of China criminal law," 234Th, the acts of defendant Wang Wu shall be sentenced to ten years in prison; at the same time, according to the provisions of section second of the criminal law twentieth, excessive defense, be given a mitigated punishment. Defendant Wang Er's actions, shall be sentenced to three years imprisonment less than ten years; the defendant Wang Er active request alarm after the incident, surrender. According to the criminal law sixty-seventh stipulation, may be given a lighter or mitigated punishment.
The above views, to consider when the collegiate bench. Public opinion appears to temporarily.
Review: below the defendant can defend themselves. First by the defendant Wang Wu to defend oneself.
Wang Wu: I think I acted in self-defense, Zhang San blackmail me first, I have no alternative against one's will get stabbed him, I don't want to kill him. Specific comments by my counsel I published.
Judge: now by the defendant Wang Wu's lawyer issued a statement of defense.
Debate: a respected judge, judge: commissioned by the Zhejiang law firm in good faith to accept the first defendant in the case of Wang Wu, I am assigned as its defenders, based on facts and the law, put forward the following opinions in defense, appeal court convicted by defenders think, the defendant Wang five acts of self-defence, does not constitute crime. The reasons are as follows: "the people's Republic of China Criminal Law" the twentieth stipulation: the justifiable defense refers to in order to protect the national interests of the citizens, the person himself or herself or others, property and other lawful rights from being infringed, take the unlawful infringement method of damage, suppression of unlawful acts against the. According to the above provisions, the State encourages citizens and illegal struggle, especially take defensive actions on the violent crime is ongoing, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility. We can be analyzed from the following three aspects: first, from the nature of behavior Zhang San at three in the afternoon of April 29, 2010, who is home from school the first defendant Wang Wu, Wang Wu to ask for money, after being rejected for intimidation, the king shouted for help and drew five people on the road a et al, before leaving "you wait and see, the next time I meet you beat you die" speech left. Zhang San violence, coercion, forcing Wang Wu to hand over money behavior has conformed to blackmail and impose exactions on behavior constitutes. Although due to causes beyond volition, leading to blackmail attempt, but does not change the nature of its behavior. The same year the morning of May 1st, Zhang San met Wang Wu and Wang two two people in the big big community, began to beat the king five, forcing the king five hand over money, their actions constitute robbery. When the king two spines down Li four, three the implementation of the act of revenge on Wang Wu for mercy, still does not stop beating, but increase the intensity of its behavior, life of Wang Wu has a direct threat. Later, Zhang San was stabbed to death Wang Wu although self-help behavior, but does not change the nature of the robbery. Second, from subjective aspect of defendant Wang Wu's point of view. Wang Wu on the afternoon of April 29, 2010 was three blackmail and impose exactions on, due to their cry for help, was able to escape, verbal threats but still by Zhang San. In May 1st of the same year and cousin king two to New Century Park, via a large big community was three, Li Si robbery, take self-defense measures in Wang two, stabbed Li four, Wang Wu is eager to escape was when Zhang San caught trying to beat, was hit Manlianshixie, life is a direct threat, he just picked up the fruit knife to save earth defense. From the behavior of the timing, performance, Wang Wu of the accused person subjective fully equipped with defensive features. Wang Wu was stabbed three, is to save themselves from the have to circumstances, not to kill kill Zhang San for the purpose of. Third, from the objective aspect of Wang five behavior to see Wang Wu on the afternoon of April 29th Zhang San was robbed and passively for help, in May 1st the beginning just passive beaten, until her face was covered with blood, life threatened directly when it is self-help, pick up the bayonet was moving to attack three. At the time of its behavior when their safety is threatened, not self may become a victim of Zhang San revenge. Wang five previously did not know cousin king two body with a knife, the knife is for self-defense to pick up from the ground. In the case, Wang Wu's behavior is caused by the death of Zhang San consequences, but does not have social harmfulness. To sum up, the defenders think, Zhang San Wang Wu of the accused was the implementation of robbery with violence, their behavior has constituted the crime of robbery. At that time Wang Wu for self-defense, is robbed three strikes, although the cause of the death of Zhang San, but from a legal analysis, Wang Wu's behavior belongs entirely to self-defense, has no harm to the society, not only should not be punished by law, but as a nation, society advocated as a heroic struggle and crime molecular behavior deserves praise. Lead to an important reason of this case is the defendant Wang Wu for the first time by blackmail after not report to the relevant departments to protect themselves, but later told his cousin king two, and was present at the time the crowd no one reported to the relevant departments, students weak in self protection awareness and social legal protection consciousness the, can not but arouse reflection of society as a whole. Counsel pleaded the court according to the facts and the law in this case, to make the right decision, also accused Wang Wu's innocence, the case trial to the society by law correct guidance. Thank you. Defenders: Zhejiang integrity lawyer
Instance: below the defendant Wang two can defend themselves.
Wang Er: I think I acted in self-defense, Zhang San was beaten Wang five, and I want to help Wang Wu stop Zhang San, but Lee four blocking me, I have no way, had to use a knife and stab him. Specific comments by my counsel I published.
Judge: now by the defendant Wang Er's lawyer issued a statement of defense.
On two: respected judge, judge: the people of Zhejiang law firm accepted the case second the accused Wang two Commission, appointed me as his lawyer, according to the facts and law, the defending opinions, please the Court adopted in a conviction.
The defenders think, the defendant Wang Er's behavior is a self-defense, does not constitute a crime. The reasons are as follows: "the people's Republic of China Criminal Law" the twentieth stipulation: the justifiable defense refers to in order to protect the national interests of the citizens, the person himself or herself or others, property and other lawful rights from being infringed, take the unlawful infringement method of damage, suppression of unlawful acts against the. According to the above provisions, the State encourages citizens and illegal struggle, especially take defensive actions on the violent crime is ongoing, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility. We can be analyzed from the following four aspects: first, from the objective fact Zhang San beating king five and asking them to put the money out, the nature of its behavior is being implemented robbery with violence, Wang Wu's personal and property safety are infringed, and in the continuation of. Wang Er was Li Si caught hold of his arm, with no effort to stop Li Sida, could not escape from the Zhang San crime. When Wang Er used the knife to let Li four let go, Lee four said "you boy dares I'll kill you with the sword". At this time, Wang Er's personal safety is threatened. Therefore, whether it is Wang Er want to protect the legitimate interests of Wang Wu or its own security are in urgent infringed or threatened. Therefore, from the time the situation, Wang Er's act is fully consistent with the condition of justifiable defense. Second, from the subjective aspect the defendant Wang Er's subjective consciousness, Wang Er only to stop the ongoing acts of robbery, intentional and not hurt. We can go to the analysis from the following three aspects: 1, king two see Zhang San beat the king five himself was Li Si stopped, he just wants to get rid of Li four stepped forward to help Wang Wu, but no Li four in strength. When he was 2, Wang Er took out a fruit knife and not directly stab to Li Si, just let go to Li four. In 3, Wang Er stabbed Li four, dropped fruit knife and not continue to thorn Li four, but went to the telephone booth requirements alarm. The king two subjective wanted to protect Wang Wu and they are being infringed the personal and property safety, only has the defensive consciousness without deliberately a harm to others. Third, from an objective view of the king two behavior first, Wang Er did not lie four in strength, he can't just rely on its own to achieve unlawful infringement of Zhang San and Li Si to stop. Even when conditions with a knife, Wang Er did not immediately with a knife, just want to scare Li Si, but Li Si said: "your boy dares to use knife I'll kill you". He threatened in their life when they have no alternative against one's will Li Si stabbed. Secondly, when an emergency situation, the king of five of the personal and property safety are in urgent infringement, Wang Erzheng is in order to protect the legitimate rights and interests of the king five, has the necessity to defense. Once again, Wang Ertuo behind the timely alarm, seek the help of the police. All this shows that the king two hurt Li Si's behavior in the situation is necessary and effective means only, not the existence of social harmfulness. Fourth, from the nature of behavior when Li Si, Zhang San and Li four halfway met Wang Wu, king two, Zhang San begins to beat the king five and asked her to take out money, his behavior constituted a robbery, when King Zhang San two for robbery was stopped, but Li Si grabbed the left arm stopped, suggesting intentional help Li Si Zhang San robbed subjectively, objectively also implemented help behavior, therefore, Li Si Zhang San is the implementation of the robbery crime, nature of its behavior is robbed, with serious social harm. To sum up, Wang Er's behavior belongs entirely to the justifiable defense. Counsel pleaded the court according to the facts and the law in this case, to make the right decision, also accused person Wang two.   .
The public prosecutor may answer.
Male: the public prosecutor just listened to the argument of defendants and defendants, there are a few different views need to be explained, the two defendants were respectively reply. First, about the justifiable defense issues the first defendant and attorney mentioned.
The public prosecutor in the first round of opinion has also referred to the defendant Wang Wu acted in self-defense, this point and the defender is consistent with the view. However, the defender did not notice is the act of defense, the defendant has already exceeds the limits of necessity and caused significant damage to Zhang San's death to the victim, according to the provisions of article second of criminal law in our country twentieth, the justifiable defense exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility. The act of defense is too when, must the comprehensive examination means of defense, strength, damage and other factors and unlawful means, strength, may cause the harmful consequences of the basic factors such as adaptation. It is to seek truth from facts to analyze and judge the case according to the factors of time, place, both physical, mental state etc.. In this case, the victim Zhang San and Wang five do not know, nor bear a deep grudge against sb.; Zhang San also is not murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, he just to the king five blackmail money for Wang Wushi was beaten. The time of the crime, the defendant and the victim both sides equal number, gender, age, body condition, the time is the day, where is the residents of the community. Moreover, the Zhang San is with his fist in Wang five implementation beaten, and without the use of a variety of weapons, violations he implemented did not make Wang Wu's life is threatened, Wang Wu can use several methods to avoid infringement of Zhang San, he didn't need to take a fruit knife in the vitals and Zhang San three. Wang Wu take knife Zhang San act clearly exceeds the necessary limit and caused significant damage to the consequences of the death of Zhang San. Therefore, the acts of defendant Wang Wu with excessive defense characteristics, should bear criminal responsibility for the consequences. Of course, is can be mitigated punishment. Second, about the justifiable defense question second defendant Wang Er and defender mentioned. The prosecutor defendant Wang Er's actions did not constitute justifiable defense. According to the law of our country, self-defense must meet the five requirements. The subjective aspect, must be in order to make the legitimate rights and interests from violation and the implementation is a prerequisite to happen; there must be an unlawful infringement behavior; defense time must be an offense against the ongoing; defense object must be unlawful infringement person; defensive behavior can not exceed the limits of necessity caused major damage. Zhang San in this case is the defendant Wang Wu implementation of the assault, but another victim Li Siji not to the defendant Wang Wu implementation of unlawful infringement nor on the accused person Wang two implementation of unlawful infringement, the defendant Wang Er even for the purpose of defense with a fruit knife in Li Si, the defense object has been wrong, because at that time the implementation of unlawful infringement is a three and four non li. The five point is the justifiable defense, Wang Er's behavior is obviously not in conformity with the constitution of self-defense. Moreover, the defendant to carry the fruit knife like weapon, objectively speaking, he was not out of the behavior of the purpose of defense, prosecutors have more reason to believe that the defendant Wang Er is out of power and the implementation of aggressive behavior, which caused fruit victim Li four injured, so he must bear the legal responsibility for the consequences of his actions. Ten thousand steps back, even if the acts of defendant Wang Er self-defense, the limits of necessity and so his behavior has exceeded. Because the defendant Wang Er stabbed Li Sishi, Zhang San is still in the implementation of the first assault on the defendant Wang Wu, when Zhang San's behavior did not cause serious injury to Wang Wu, even if the defendant Wang Er is stabbed Li Si in order to save the king five, so he used the tool for more than the defense requirements, therefore by Li four damage, should also bear the corresponding responsibility, the defendant Wang Wu and Wang Er's behavior has constituted a crime, it shall bear the corresponding legal responsibility. The public prosecutor (to the audience) that observers can learn a lesson from this case: of course we encourage the implementation of justifiable defense in the infringed to safeguard their legitimate rights and interests, but please note, defensive behavior does not exceed the limits of necessity, is the defense of himself, or bear the consequences of possible. The views expressed here.
The defendant Wang Wu: is there a new opinion?
Wang: no five.
The defendant Wang Wu's lawyer: is there a new defense opinions?
A: some argue. The defender has a point to add. Defensive behavior of defendant Wang Wu is excessive, the defenders and the people hold different views, the defenders think according to the circumstances at the time, Wang Wu did not excessive defense behavior. Because, Wang Wu took a piece of three is the second time that Zhang San has beaten Wang Li was five, and four had been stabbed at Wang Er, Li Siceng said to Zhang San killed Wang Wu revenge words for him; the defender believes three was feeling very excited, is out of control, he was in complete disregard for the king five. To beat the king five, put Wang Wu into minor injuries, if the king five don't take measures to stop the three words, Zhang Sanji may be the king five beaten to death. Wang Wu was Zhang Sanqi in the body, because a small effort can't climb up, he reached out and touched just scratching touched Wang Erreng on the ground with a fruit knife, was stabbed in key parts of the body of Zhang San, leading to the death of Zhang San. It should be said, with a fruit knife in Zhang San's behavior is not necessary limit more than at the time of defense Wang Wu, and it is the only choice that can be made to Wang Wu. But before the Wang Wu did not know Wang Er carrying fruit knife, does not exist can not be premeditated. So, the defenders think defensive behavior of Wang five did not exceed the limits of necessity, on the death of Zhang San results should not bear criminal responsibility. The defense opinion to this. The defendant Wang Er: is there a new opinion?
Wang: no five.
The defendant Wang Er's lawyer: is there a new defense opinions?
Two: some argue. The defender has two points need to be supplemented; whether the defendant Wang Er act of self-defense, the defender in the first round of opinion has told very clearly, here, the defenders to emphasize a point. At the time Li Si and Zhang Sanying as a whole, the implementation of an unlawful infringement of the overall view, Zhang San is the main implementers and Li Si was an accomplice. Therefore, the defendant Wang Er in order to prevent the illegal infringement of accomplice Lee four implementation act of defense of self-defense. Secondly, if the defendant Wang Er's actions over the necessary limit when the defense and excessive defense, then according to the law, defend excessive, should be reduced or exempted from punishment. The defense argued that the defendant Wang Er's behavior is for the protection of the legitimate rights and interests of his cousin Wang Wu, not because of damage to the interests of others, but his behavior was not serious consequences on society, and Lee four I should also bear some responsibility for the matter. So, to say the least, if the collegial panel that defensive behavior of defendant Wang Er has been when, then the defender also urge the collegial panel to accused person Wang two exempted from criminal punishment. The defense opinion to this.
The trial has been conducted two rounds: debate in the court, prosecutors and defenders opinions have been fully explained, the court also have been documented. Now the court debate over. Defendant Wang Wu, now you can have the facts of this case, evidence of crime, criminal crime, on the understanding and conviction, sentencing requirements, make a final statement.
Wang Wu: I think my behavior is self-defense, request the court I was free.
Review: the defendant Wang Er, now you can make a final statement.
Wang Er: I think my behaviour is justifiable defence, asked the court for my acquittal.
Judge: for a five minute recess, the collegiate bench after the court verdict.
Judge: (after five minutes, percussion hammer) now: the case the trial continues on the collegiate bench, now declared oral judgment: defendant Wang Wu was the victim Zhang San violently beaten, stabbed to death by Zhang San's behavior, and cried out against were ineffective in the case of self-defence. That the prosecution of its behavior is unjustifiable self-defense, accused of deliberately injuring death not guilty. Defendant Wang Erwei to rescue king five was the victim Li Si stopped, with a knife to Li four stab into severely wounded behavior, although the Department of defense but exceeded the necessary range, belonging to the excessive defense, his behavior constituted the crime of intentional injury (injured), the prosecution alleged guilty. The defendant Wang Er in the victim after the stabbing, active alarm and actively cooperate with the investigation organ verifies the case, is surrendered, may be given a lighter or mitigated punishment. According to the law, justifiable defense shall be reduced or exempted from punishment. Considering the facts of the case, the defendant Wang Er has little negative impact on subjective malice and society, to reduce the punishment on the defendant Wang two should be, can be placed on probation. Accordingly, in accordance with the "PRC Criminal Law" the 234Th paragraph second, the first paragraph of article twentieth, paragraph second of article sixty-seventh, second paragraph, sentence is as follows: the defendant Wang five innocent, acquitted defendant Wang Er committed the crime of intentional injury (injured), sentenced to a year in prison, two years probation; (the probation period from the date of the judgment) today is verbal verdict, see the contents of the verdict, the verdict delivered within five days.
Review: the defendant Wang Er hear?
Wang Er: listen.
Judge: now closed court. (percussion hammer)