This director is vindictive.
Chapter 192: A series of twists and turns, with one climax after another.
Chapter 192: Full of twists and turns, with one climax after another.
The three cases include an old case where someone acted bravely but was convicted of intentional injury.
The other two cases, the case of the mother's insult and the case of the school bullying self-defense killing, are all very typical.
For the audience, all three cases left them with a deep sense of injustice.
Many people only have hearsay about legitimate self-defense and excessive self-defense, and do not have a direct understanding of them.
However, people act from their own perspectives. In the case of the mother-insulting incident, Yu Hao's behavior can be seen by many as a typical example of forced retaliation, as his sister and mother are being persecuted and insulted.
How could he, as a son, stand by and watch all of this happen?
So his resistance, his outburst, his irrational rush—wasn't that self-defense?
Of course!
But the result was the loss of three lives!
This is what makes the case so complex for many people, and it is also the most controversial aspect of the case.
It's different from the original. In the real-life case in the original, only one person was killed, while in the movie, three people were killed.
Even those who don't understand the law know that the difference between one life and three lives is completely different.
Yu Hao was the first person he "hunted down".
The same applies to school bullying cases, just like the question Wang Hao's mother asked the prosecutor.
What could he do? Does the person who dies automatically have the upper hand?
In Chen Mo's opinion, this kind of movie doesn't need so much family drama, because the audience doesn't really care about the main characters' family life, and that's not the focus of the movie's title at all.
What's the key point? The key point is "Article 20," which is "legitimate self-defense"!
The female lawyer, played by Fan Binbin, and Mu Jun arrived at the crime scene accompanied by the police.
She stood at the spot where the first victim, the debt collector leader, had died.
I looked up and saw a cabinet.
She turned and asked, "What used to be kept here?"
"Inside were some sticks and controlled knives!" said the accompanying police officer.
Fan Binbin nodded, then looked around again.
"How's it going? Any leads?" Mu Jun asked.
Fan Binbin smiled and said, "I've got it! But it's still a little short! I need to double-check it!"
Afterwards, Fan Binbin went to the procuratorate and retrieved relevant evidence for the case.
She flipped to the autopsy report, and after reading its contents, she smiled confidently!
She patted the autopsy report and said with a smile, "The last little thing is fine!"
Meanwhile, due to the overwhelming public opinion surrounding the "insulting mother case," legal experts are providing interpretations of the case.
In a live broadcast room, legal experts are analyzing this case.
"The recent high-profile case of killing someone for insulting their mother has drawn widespread public attention. The first instance verdict of death has been met with incomprehension from many. Now, the defendant has appealed, and the second instance trial is about to begin. Let's analyze the points of contention in this case."
"The reason why the first instance sentenced him to death was for causing death by excessive self-defense. However, Yu Hao killed three people. The final determination was that he caused the deaths of three people by excessive self-defense. And causing death by excessive self-defense can be punished as intentional homicide."
"As those who watched the trial know, Yu Hao's first counterattack after disarming the knife was within the scope of legitimate self-defense. However, the second and third stabs, as well as the subsequent chase and slashes, were no longer within the scope of legitimate self-defense, but rather constituted excessive self-defense resulting in death."
Upon seeing the legal expert's explanation on the big screen, the audience at the premiere fell silent.
At this moment, the expert on the big screen sighed: "I know that everyone may find this result very difficult to accept, but in fact, since Article 20 came into being, very few judges have dared to make a ruling, and there are historical reasons for this!"
Article 20 appeared in the 1990s. In that era, unlike now when surveillance is widespread, judges relied on oral testimony as evidence to make judgments.
This presents a huge loophole.
For example, if a criminal provokes you first, and then kills you in self-defense while you are attacking him, is that considered legitimate self-defense under the law?
"The answer is yes! Why? Because when you attack him, you may have committed a violent crime that seriously endangers your personal safety. In that case, when the criminal turns around and kills you, it is considered legitimate self-defense."
I think this outcome is hard for everyone to accept, right?
Therefore, to avoid such absurd situations that would provoke public outrage, courts often sentence such cases to death for excessive self-defense, convicting the perpetrators of intentional homicide.
This ruling has been passed down and remains the mainstream and majority ruling to this day!
Of course, times have changed, and in fact, the use of self-defense has become increasingly common in recent years.
This section may seem redundant, but it is actually necessary.
Because the film "Article 20" is about "legitimate self-defense"!
In fact, many viewers in front of the big screen were also suddenly realizing at this moment that there was such a reason.
Upon closer reflection, it is indeed understandable.
However, times are changing, so shouldn't the interpretation of legal provisions also become more flexible?
Of course, it is precisely because of the legal experts' interpretation that viewers are even more curious about why the female lawyer played by Fan Binbin remains so confident.
The scene shifts to the entrance of the courthouse, where many reporters have gathered.
There are also self-media personalities who broadcast live directly outside the courthouse.
"The nationally sensational case of the mother-insulting defendant is about to go to trial for the second time. It is understood that the new lawyer representing the defendant in the second trial is pleading not guilty!"
"Many legal experts have previously stated that the probability of the case being overturned on appeal is extremely low. What gives Attorney Fan such confidence in defending a defendant sentenced to death in the first instance?"
"let us wait and see!"
The second trial of the case involving the murder of a man who killed his mother's abuser has begun.
Chen Mo gave this a strong sense of ceremony, or rather, he followed the procedures exactly as they do in real life.
The main purpose is to enhance the sense of realism and immersion.
Of course, the movie couldn't possibly be filmed exactly as it appears, and there wasn't enough time either.
So the confrontation between the prosecution and the defense quickly began.
As the defense attorney, Fan Binbin raised his hand: "Your Honor, I will now begin my judicial interpretation of my litigation application."
"agree!"
"Please watch the recording!" Since it had already been played before, it was not played again here.
Instead, he skipped ahead and said, "Based on the scene presented in the video, I can confirm one thing: Yu Hao did not commit the crime intentionally, but rather it was a crime of passion, an emotional crime!"
"We can see that Zhou Xiong and others at the scene humiliated Yu Hao's sister and mother for more than an hour. These were the two people closest to Yu Hao. Under such circumstances, he almost lost his mind and unleashed all his physical potential to break free from restraints. From the video, we can clearly see that his primary target was not Zhou Xiong, but his mother and sister!"
"His first thought was to rush over to protect his family, not to attack Zhou Xiong! It was only because Zhou Xiong blocked him and attacked him with a controlled knife that he managed to disarm him and kill him in return!"
"During this process, Yu Hao's rationality gradually began to collapse, and what caused this mental breakdown and his complete loss of reason was Zhou Xiong attacking him with a controlled knife."
Then, just as the legal experts had predicted, the prosecutor seized on Yu Hao after the first stab and followed up with a second and a third.
The court determined that Yu Hao's first strike was a legitimate act of self-defense, but his subsequent actions went beyond the scope of legitimate self-defense.
At the court hearing, Yu Hao's sister and mother were in tears, clearly pessimistic about the trial.
In fact, at this very moment, the audience watching the film were equally pessimistic.
Because they too were convinced by the prosecutor's arguments. At this moment, the presiding judge looked at Fan Binbin: "Appellant's lawyer, do you have anything else to say?"
"some!"
"Your Honor, regarding the prosecutor's claim that Yu Hao caused death due to excessive self-defense, I believe that is unreasonable!"
"First of all, Zhou Xiong attacked my client Yu Hao with a knife, which proves that he had the intention to harm my client."
Next, we can see that when Zhou Xiong attacked Yu Hao, the knife fell to the ground. When the knife fell, Zhou Xiong clearly tried to snatch it, which proves that Zhou Xiong did not stop his intention to harm Yu Hao.
Or we could say that at this point, the illegal infringement on my client, Yu Hao, did not stop!
He continued to try to grab the knife and attack Yu Hao, but the knife was picked up by my client, Yu Hao, who then stabbed Zhou Xiong instead. As we can see from the video, this stab was not fatal.
Of course, this stab was a legitimate act of self-defense, as the prosecutor has already confirmed.
Now, here comes the crucial part: what happened afterward, and the reason the prosecutor argued that the self-defense was excessive.
"I request to have the recording played again!" Fan Binbin said.
"agree!"
Fan Binbin quickly adjusted the video feed to the scene where Zhou Xiong turned and ran away after being stabbed, and then paused the recording!
"First, we need to know who Zhou Xiong and his group are."
“They are debt collectors. According to the police investigation, they have been identified as a gang with triad-like characteristics, which can be seen from the fact that they carry controlled knives.”
"Does my client, Yu Hao, know about this?"
"They definitely know!"
"Based on the above, you can see that Zhou Xiong fled in the direction of that cabinet, and what was inside the cabinet? Sticks and controlled knives!"
Therefore, we can infer that Zhou Xiong, who was not fatally injured at this time, was still thinking about getting the murder weapon from the cabinet. His intention to continue harming my client, Yu Hao, had not ended!
Therefore, Yu Hao's subsequent pursuit and attack still falls within the scope of legitimate self-defense!
Because the illegal infringement has not ended, he still faces the threat of deadly illegal infringement!
At this time, the Kunshan "Brother Long" case had not yet occurred.
Therefore, this point raised in the movie left the audience stunned, including some law students and even legal professionals.
Everyone was stunned for a moment when they saw this.
Chen Mo's inclusion in this storyline was actually inspired by the Kunshan "Brother Long" case, which was a case that promoted judicial progress.
The most correct and reasonable judicial interpretation of self-defense given in that case is: "Did the initial perpetrator still have the intent to harm? Did the unlawful infringement not end?"
In the Kunshan "Brother Long" case, the surveillance video showed that after he dropped his machete, he attempted to return to his car to retrieve another weapon. This action was deemed to indicate that he still had the intent to harm others!
It was considered that "the unlawful infringement did not end!" but rather that the unlawful infringement was ongoing!
The plot designed by Chen Mo is similar in this respect, and can be said to have a similar effect.
Didn't you see the audience staring wide-eyed?
They were clearly shocked by this explanation; they hadn't realized it could be explained this way.
This is why the expert analysis segment was so important. It was because of that expert analysis that the audience understood where the points of contention in this case were and what the most difficult part was for the defense lawyer.
In this case, if Zhou Xiong, who was killed in self-defense, had no intention of continuing to harm him, then Yu Hao's continued pursuit would indeed be considered "excessive self-defense"!
But just then, Zhou Xiong turned and ran towards that cabinet, which happened to contain some controlled knives and clubs.
Therefore, the explanation given by the lawyer played by Fan Binbin can be said to be completely without problem.
Simply put, if this person still wants to take a knife or other weapon to harm Yu Hao, then Yu Hao's crisis is not over. Of course, the legal interpretation is that the unlawful infringement has not ended!
In reality, people are not even clear about the specifics of legitimate self-defense, let alone what constitutes malicious intent or the termination of unlawful infringement.
"Objection!" the prosecutor suddenly raised his hand.
"The defense lawyer is just speculating. Zhou Xiong may not necessarily have gone to get the murder weapon; he may have gone to get something from the cabinet for self-defense!" The prosecutor's words made the presiding judge look at Fan Binbin.
The audience was also taken aback. Yes, these are all speculations; there's no evidence at all!
Fan Binbin smiled confidently and said, "Think about it, who is Zhou Xiong? I am guessing, but it is a guess based on evidence. He is a debt collector and the leader of a criminal gang. The things in this cabinet are all controlled knives and clubs and other weapons."
"Objection overruled!" The presiding judge clearly accepted Fan Binbin's explanation.
"Prosecutor, is there anything else you would like to say?" The presiding judge then looked at the prosecutor.
"Yes, Your Honor!"
"Your Honor, if Zhou Xiong turned around to retrieve other weapons with the intention of continuing to harm Yu Hao, then after Yu Hao's second stab, Zhou Xiong had already lost the ability to attack. At that point, the unlawful attack had ended. However, Yu Hao continued to stab the victim Zhou Xiong a third time, and the subsequent attacks constituted intentional homicide after the unlawful attack had ended!" the prosecutor said.
This trial was full of twists and turns, with one climax after another.
Previously, everyone was impressed by the brilliant defense presented by the female lawyer played by Fan Binbin and accepted what Fan Binbin said. However, now that they heard the prosecutor's words, everyone's hearts were suddenly in their throats again.
Yes! The first one can be explained, but what about the third cut? And the cuts after that? How do you explain that?
Because there's no way to say that the illegal infringement hasn't ended!
However, Fan Binbin laughed again.
The scene then shifts back to her earlier review of the autopsy report, which was among the evidence.
The camera clearly focused on the results of the autopsy report.
The record clearly states that Zhou Xiong died from a direct stab wound to the heart, leading to insufficient blood supply. The subsequent stab wounds were not fatal.
Back to the court hearing.
Fan Binbin said with a smile, "The autopsy report shows that Yu Hao's first stab was the fatal wound, which directly caused Zhou Xiong's death. The subsequent stabs were all in the back and were not fatal!"
"And Yu Hao was acting in self-defense when he made the first cut!"
The courtroom in the movie was completely silent, even the prosecutor was stunned.
Outside the movie theater, the audience at the premiere was also somewhat dumbfounded.
However, some film critics frowned slightly, because while the plot was certainly entertaining, it felt a bit too contrived.
Of course, this thought only flashed through my mind; this is a movie, after all! Not reality! And in reality, it seems, perhaps, that this situation really couldn't possibly happen?
The court hearing continued.
The prosecutor's arguments were repeatedly refuted, but he still insisted on upholding his duties.
Although, in the eyes of the audience, at this moment, the prosecutor seems to have some of the characteristics of a "villain".
However, rational people know that this is the true manifestation of rationality and professionalism of public prosecutors.
Although many people criticize lawyers for defending murderers and heinous criminals, finding it incomprehensible and believing them to be greedy, cold-blooded, and aiding and abetting evil.
However, from a legal perspective, as long as the other party has not been deprived of this right, then they still enjoy this right.
Similarly, as a public prosecutor, one must follow the law.
Even though he sympathized with Yu Hao, he still had to try his best to convict Yu Hao!
This is why these kinds of cases are usually so controversial, because in this case, who is the bad guy?
Zhou Xiong and his ilk are undoubtedly the "bad guys"!
Yu Hao's family are the real victims.
It's like catching a thief. You can catch him, but you can't injure or kill him. You can't do whatever you want. If you really injure or kill him, you'll be held criminally liable.
The prosecutor knew that Yu Hao could no longer refute Zhou Xiong's case, but there were two other victims.
"What about the other two dead, Zhao Dong and Wei Dafei? They were unarmed and killed in self-defense. Yu Hao's actions were entirely excessive!"
But this time, Fan Binbin responded very calmly.
"Yes, they were indeed unarmed, but please see video evidence three. At that time, several people around were ganging up on Yu Hao, and these two were the ones who rushed to the front. They attacked Yu Hao's back of the head and neck respectively!"
Just because someone is unarmed doesn't mean the attack wasn't fatal. Therefore, Yu Hao's counterattack still falls under the category of legitimate self-defense. Moreover, he was outnumbered, yet Yu Hao showed no intention of pursuing after brandishing the knife and injuring the people! This further demonstrates that it was merely a subconscious self-defense action taken when faced with a deadly threat! The deaths of the two people were accidental, not intentional, and therefore do not constitute excessive self-defense!
(End of this chapter)
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