<h1 class = "pgc-h-arrow-right" > criminal defense lawyer's second-instance trial documentary: the wife cheated on the bar to find happiness, and the bar lady killed the drunkard with three knives</h1>
When it comes to the profession of lawyer, many people's first impression will be ironed suits, unsmiling looks, or solemn courtrooms, and perhaps in the eyes of many people, "lawyers" are not inferior to an "elite" even if they are not equivalent to an elite, the only difference is probably that lawyers are to some extent no different from "hypocrites". Everyone may even think that the profession of lawyer is the same as that of a "prostitute", no matter who the guest is, as long as he takes the case, he can make money, and there is no moral shame to speak of. But people have never seen that under the gorgeous cloak of lawyers, there is only a heart that is no different from others, a heart that will also be compassionate and defend judicial justice.
Record: Liu Bai
Oral description: Criminal defense lawyer Lu Wenchang
Pictured: The old guy who has accompanied him for many years, the more you look at it, the more interesting it becomes
My name is Lu Wenchang, and it took me a long time from graduating from law school to becoming a professional lawyer.
The longer you do this line, the more things you see, not to mention that you have seen the warmth and coldness of this human world, but most of the human sorrows have not been handled, but almost all of them have been encountered.
Many people will say that my heart has long been hardened after so many years in the industry, that is, an old fox with a black heart, who specializes in fighting lawsuits for murderers.
I don't want to argue at all, is there a good heart I can not know? And are all murderers damned? Obviously, they also have the most basic right to debate given by the law, and I am doing things to defend the dignity of the law and save lives and injuries, and I don't think there is anything to blame for myself.
Today I will talk to you about a case that I took on 8 years ago that hurt me very much.
The case had nothing to do with kidnapping, drug trafficking, murder and arson, and other heinous incidents, and was only caused by drunkenness.
I remember it was an ordinary working day, and I sat in my office as always to look at the historical case information. Just when it was almost noon, a phone call came in, and on the other end of the phone was the defendant Wang Tingting's father, Wang Gang, who was introduced to me. At that time, I didn't know what my father, who was more than half a hundred years old, was sobbing for, but I vaguely felt in my heart that this matter was definitely not simple.
After an hour-long chat with Wang Gang, I finally got the first information about the matter.
Originally, the day of the 8th year was the day when the client Wang Tingting issued the results of the first instance trial, and Wang Gang originally thought that his daughter would withdraw the suspicion of intentional injury on her body and be released, but after consideration, the court issued a heartbreaking verdict: Wang Tingting was sentenced to 6 years in prison for causing death by negligence. The court's first-instance judgment made this old father, who was more than half a hundred years old, indignant, and the paused words and choked voice all conveyed to me wang Gang's inner sadness and sadness.
"My daughter has been so well-behaved since she was a child, if it wasn't for Zhu Zisheng's bastard to bully her, how dare my daughter use the knife, she is obviously self-defense, how can she have to arrest her?" My poor Tingting, I have been locked up for a long time now, and this world is still unreasonable..."
Listening to the sobbing sound coming from the phone again, I suddenly felt a little unspeakable in my heart, although my colleagues said that it was unlikely to win the case, but I still took the case. After taking over the case, I consulted the debate materials of the first-instance lawyer in the case, but in order to be more prepared, I still applied to communicate with the client Wang Tingting in person.
Later, according to Wang Tingting's statement, the unclear feeling in my heart finally had a name, called pity.
It turned out that in August 2013, the client Wang Tingting had sprained her foot and changed shifts with her bar colleagues, so she went to the staff dormitory on the second floor of the bar to rest. Wang Tingting usually lives in a small room on the second floor of the small bar, although the room is small, but it is complete, Wang Tingting has been living in this small room for a long time.
But in the early morning of the 24th of the month, Wang Tingting's warm and small room welcomed an uninvited guest, who also smashed Wang Tingting's life after that.
Pictured: Tingting, who has just entered the workplace
"I was woken up by a knock at the door, it was past twelve o'clock, and the door kept shaking, and it was obvious that someone was kicking in the door. And the man not only kicked in the door, but he also opened his mouth and scolded, telling me to open the door quickly, and if I didn't open the door again, he would smash me with a wine bottle. I was frightened, I didn't know where the crazy man came from, and he didn't think much about anything else at the time, so he picked up the fruit knife on the coffee table, completely because he was afraid, and had no intention of killing at all. Even after such a long time, Wang Tingting recalled that night still had some palpitations.
Of course, in order to ensure the authenticity of the case said by the client, I also watched the surveillance that night.
The video shows Zhu Zisheng (the deceased) taking a wine bottle to the toilet at 30:00 a.m. on the 24th, and after coming out of the toilet at 38:00, he staggered up to the second floor, directly ignoring the warning sign located in the "staff room" at the stairwell and began to smash the door at 00:43:23 seconds, which lasted for almost a minute.
Also used as evidence in the case were the photos of the damaged and deformed door handles and the photos of the windows, and I was already a little sad to see them, and I could fully imagine that Wang Tingting was a girl who was so scared that she could only hold the fruit knife.
Zhu Zisheng, the victim of "walking up to the second floor with a bottle of wine shakily", had previously been found to have a habit of drinking heavily during the first trial. According to the witnesses of the first trial, the victim's "drinking friends", "Lao Zhu really likes to drink, we also know each other when we drink, and every time we make a drinking appointment, we are in this small bar, because it is close to several of our homes." ”
When asked why they got together to drink that night, these "drinking friends" replied: "That night, Old Zhu asked us out, and when he called, he only said that something had happened at home, and then he went to the private room to tell us that his wife had cheated on him, as if his wife hated him for being idle all day, and he knew that he had cheated on his fox friends and did not do the right thing, and said that he wanted to divorce Old Zhu." He didn't say much either, just drank bottle after bottle with his head down. This is really not very similar to the previous him, he was active before, and his temper was very big. ”
A small detail was also mentioned in the testimony of the first instance: "When Old Zhu came out of the private room, he looked quite awake and said that he was going to go to the toilet. We also said that if you go to the toilet, you will put down the bottle in your hand, and he will ignore us and go straight away. If we knew that Old Zhu was already drunk and confused at that time, how could we not let him take the bottle out of the private room alone! ”
Testimony, together with surveillance video, can already outline the general cause of the case: the victim (deceased) Zhu Zisheng learned of his wife's cheating on August 23, 2013, and when confronting her, he was also pointed out that it was because of his alcoholism that he cheated. In the face of cheating and even proposing a divorce for his wife, Zhu Zisheng was extremely frustrated, and had to call the "drinking friends" in his daily life to come out to drink and vent his bitterness. Who knew that Zhu Zisheng, who had drunk too much, not only did not find a recipe for "a drunken solution to a thousand sorrows", but instead groped the room of Wang Tingting, the staff dormitory on the second floor of the small bar.
The door was opened at 00:45:31, and Wang Tingting in the surveillance video was visibly frightened, but before she could react, Zhu Zisheng was about to go to the room.
"When the door was suddenly kicked open, he pushed me to the coffee table, and when he came in, he was still scolding, saying that he would definitely not divorce, don't you hate my alcoholism, then just beat me to death with a bottle!" 」 The drunken Zhu Zisheng regarded Wang Tingting as his wife and attacked her words and actions.
"He scolded and beat me at the same time, first smashing the bottle he carried at the beginning, and then catching something and smashing anything, really like a madman." The photos of the scene also show that Wang Tingting's room is in a mess, and the glass coffee table was forcefully squeezed when Wang Tingting was pushed there.
It is clear that the drunken victim, Zhu Zisheng, made Wang Tingting's small room his home and Wang Tingting's wife, which also explained what the victim said and did. A drunken middle-aged man suddenly breaks in with a fierce look, threatening words, and violent behavior, who is not afraid to encounter such a thing?
Under Zhu Zisheng's excessive behavior, Wang Tingting stabbed the fruit knife in her hand (3 knives in a row) into Zhu Zisheng's abdomen, and Zhu Zisheng died of excessive bleeding and was sent to the hospital.
Immediately afterward, Wang Tingting was taken away by the public security organs and detained in a detention center.
Picture: The road of life, one wrong step at a time
However, wang tingting took a knife in fear and stabbed the victim Zhu Zisheng to death, and at the first instance, the court did not find that it was entirely legitimate defense, and held that the client Wang Tingting's behavior, although defensive in nature, clearly exceeded the necessary limit.
"The court of first instance held in accordance with relevant laws and regulations that the victim Zhu Zisheng's conduct was only an unlawful infringement and did not commit the acts of murder, homicide, robbery, rape, kidnapping, etc. as stipulated in article 20, paragraph 3 of the Criminal Law. As for the client Wang Tingting, when she was not facing a serious unlawful infringement, when she learned that Zhu Zisheng was obviously in a drunken state, she did not seek external help, but stabbed the victim Zhu Zisheng's waist and abdomen several times with a sharp knife, and after Zhu Zisheng was injured, she did not take necessary rescue measures, and her defensive behavior was not necessary to stop the unlawful infringement, and caused the death consequences of the victim. Therefore, Wang Tingting's behavior was excessive defense, and Wang Tingting was sentenced to 6 years' imprisonment for causing death by negligence. "That's the outcome of the case in the first instance.
I couldn't bear to ask Wang Tingting how she had the idea of stabbing the victim with a knife, nor did I dare to ask how she stabbed the victim, but I had to ask, even if I forced her to recall this terrible experience, because this was an important part of the "legitimate defense" that I defended her in the second instance.
Wang Tingting said, "I don't know when I poked the knife out, I was afraid, nothing else, I was really afraid, when the knife poked at Zhu Zisheng's body, I didn't react, my hands were shaking." Although the victim was only stabbed three times, the location where Wang Tingting poked out happened to be the victim's abdomen, and the abdomen was stabbed causing the victim's mesenteric artery to rupture, and immediately lost her mobility after the major blood loss.
In the surveillance video, it can also be seen that not long after the victim was stabbed by Wang Tingting with a fruit knife, the blood of the big beach flowed along the tiles, and Wang Tingting also said that she was frightened by the red that came into view, threw the fruit knife in her hand and sat aside until others heard the news and rushed upstairs. However, it is clear that in this case, the fact that Wang Tingting exercised legitimate defense was not fully determined by the court, nor did it reduce the sentence.
With regard to this important fact of the case, I also went to the witness of the client in the case, namely the client's bar lady and the attending doctor who treated the victim. The bar lady said: "Tingting is a good girl, I believe she certainly did not mean it." As soon as I entered the door and saw the person on the ground, the blood was scared to death, and Tingting slumped on the ground, crying and asking what I should do now. ”
As for the attending doctor, he said: "When the patient was sent over, the person was no longer able to do it, and the police had come and asked about these things before." Secondly, the cause of death of the victim was due to excessive bleeding caused by the knife stabbing in the position and the rupture of the artery. ”
I have recorded all the words of the bar lady and the attending doctor, and I am going to use them as some key materials for my defense of my client. Later, I also made an appointment with Wang Tingting's father, Wang Gang, to meet and talk in detail, and during the conversation, I felt that in his opinion, the client, Wang Tingting, had not done anything wrong at all. "My queen Tingting only returned her hand under the victim's unilateral beating, which is obviously the consequence of the victim Zhu Zisheng's own smashing of the door, and his daughter's knife is completely self-defense!"
Wang Gang also said that the court did not take into account the physical condition of the defendant Wang Tingting at that time due to sprained foot and inconvenient legs and feet in the first instance.
"Is it true that my daughter must open the door for him when he smashes the door?" Tingting's legs couldn't walk during those days, and she couldn't run and run, did she really want her to open the door to Zhu Zisheng? In that case, my daughter didn't know what would happen if she didn't resist! This is not clearly self-defense! You say she's a little girl where there will be thoughts of killing! ”
The excited father complained for his daughter, not knowing that although her daughter's ignorant three knives were self-defense, they not only ruined the lives of others, but also ruined their own lives.
The Slovaks are gone, and the living will continue to live.
After Wang Tingting signed the appeal, I conscientiously summarized the evidence, materials, etc. collected, and defended my client Wang Tingting in court, indicating my defense opinion on the case:
First of all, in the first instance, the court sentenced the client Wang Tingting to 6 years' imprisonment for the crime of intentional injury, and did not reduce the sentence according to the circumstances of the client's assassination of the victim. However, in theory, even if the rescue is unsuccessful, the fact that the defendant Wang Tingting did not continue to hurt the victim still needs to be considered.
Secondly, the victim beat and insulted my client after forcibly breaking through the door, and even caused property damage to my client. Although the client, Wang Tingting, accidentally stabbed the victim Zhu Zisheng, Wang Tingting herself also had multiple wounds on her body under the beating of the victim. Moreover, it is obvious that the court at the first instance did not take into account the physical condition of the client Zhu Tingting due to the inability to move due to the foot injury before the incident, and the client's reaction of raising a knife and stabbing in the case of the victim forcibly entering the house was actually out of legitimate sense of defense.
Third, in the judgment of the first instance, the court denied that the victim's conduct was not an unlawful infringement, which is a serious regression in the application of typical legitimate defense and should be corrected in that trial.
At the same time, the victim's family repeatedly went to the defendant's home to pull up banners, adopted extreme measures to safeguard their rights, seriously affected the social reputation of the defendant and his family, and found an intermediary to demand 300,000 yuan in compensation from the defendant's family.
My defendant is the injured party, and he also has to bear the huge claims and moral revenge of the victim for no reason, and at the moment of the rule of law society, it is really difficult to understand the behavior of the deceased's family's "demand for the corpse".
Finally, I submitted to the court the testimony of the bar lady, colleagues, and the victim's attending doctor, as well as some important information at the first trial, together with the comparative analysis of the information I collected. Hopefully, the court can give a fair judgment based on reality and the law.
It is undeniable that as the lawyer of my client Wang Tingting, it is naturally my professional principle to strive for the best judgment result for her. But subconsciously, I couldn't control myself from thinking about the sad core of the case, because no matter what I finally made of this case, it couldn't change the established fact that the victim Zhu Zisheng died just because of excessive drunken behavior; and for the client, Wang Tingting, no matter what kind of verdict the court would eventually give, it could not avoid leaving an unforgettable experience in the life of this 19-year-old girl.
In the end, the court's judgment did not accept my defense suggestion, and it was still based on the excessive defense of the client Wang Tingting, but the result was changed to a sentence of one year of suspended imprisonment for one year, and the total amount of funeral expenses was 150,000 yuan.
For the second-instance judgment, the victim's family was not satisfied and chose to continue to appeal. In the end, the victim's family did not file an appeal because there was a possibility that the appeal would be judged to be "legitimate defense".
Pictured: Wang Tingting's family is not rich, graduated from high school and went to work in a bar, and has always done her duty
For the verdict of the second instance, This time Wang Tingting's father chose to be silent, and did not file a continued appeal, after all, it was already a sentence of one suspension, in case of repeated moths, it was also a troublesome thing.
It's just that he keeps saying that some things are really "too hard".
I don't know what this "too difficult" means, but I think this "too difficult" is used to describe the deceased victim Zhu Zisheng, or to describe the young but imprisoned client Wang Tingting, after all, who would have expected that a drunken drink would actually ruin two lives?
It is only as the client of the defendant that the court thought there were flaws in the second instance, but the result so far can be regarded as the best result of the worst result.
"Criminal Defense Lawyer" mainly explores the true story of the front line of criminal defense, and the above names should not be seated in the right number.
Follow me and take you through the ups and downs of the "Great Law Criminal Defense".
A reward with money, a little attention with little money, your love is the only motivation for me to create!