Village Live: Start as a Genius Lawyer

What exactly happened caused the system to judge a very contradictory scene. Since the crime has the upper hand, why the evidence cannot be modified.

Could it be that there is no problem with the evidence of objective facts at all, the problem is that Xu Aixiang suddenly changed his confession.

Jiang Xiaobai understood, did he want to take the blame himself?
Xu Aixiang talked about his mistakes with regret. According to his thinking, since he started to invite, a plan about Hannibal's death was formed in his mind.

After the two lived on a deserted island, in order to survive, he was ready to sacrifice Hannibal, so he killed Hannibal while he was in a coma.

Judging from the legal sentencing, killing a person and then eating his meat constitutes the crime of intentional homicide, and eating meat constitutes a severe punishment.

Did not kill the person, but cut off part of the meat to eat, which constituted the crime of intentional injury, and eating meat also constituted a severe punishment.

Eating the flesh of the dead is an insult to the corpse of another person, and this behavior constitutes the crime of insulting the corpse.

In addition, the limit condition of emergency avoidance is that the act of avoiding risks cannot exceed the necessary limit and cause unnecessary harm, and the damage caused must be less than the protected rights and interests, but not equal to or greater than the protected rights and interests. Your own behavior has exceeded that limit.

But Xu Aixiang himself said that he killed someone, so how can he prove it.

If there is no proof, then the above assumptions are all invalid.

"I killed him."

As soon as Xu Aixiang's words fell, Jiang Xiaobai was a little speechless. The defendant changed his confession in court, and it could not easily influence the final result itself.

The "Criminal Procedure Law" stipulates that in the judgment of all cases, evidence must be emphasized, investigation and research should be emphasized, and oral confessions should not be trusted.

If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and sentenced to punishment. If there is no defendant's confession and the evidence is reliable and sufficient, the defendant can be found guilty and sentenced to punishment.

Witness testimony can be amended, but if false testimony is given, criminal responsibility will be borne.

A criminal case includes a lot of evidence, the defendant's confession, physical evidence, witness testimony and appraisal documents, etc., and the single revision of the testimony of a certain witness has no decisive impact on the case, and it is impossible to change the sentence.

In Xu Aixiang's eyes now, the relationship between them is clearly a deformed relationship beyond friendship, which led to tragedy and suspicion.

The judge looked at Xu Aixiang in disbelief, then at Jiang Xiaobai, and asked if he had anything to add.

"About our party's self-report, these cannot constitute strong evidence that he did commit the killing. I will not add more to this point, and I believe the law will verify it."

If I try my best, then Xu Aixiang can say whatever he wants.

However, Jiang Xiaobai raised his voice, and told everyone in the court another what really happened:

"History is always similar. In 1846, a total of 87 members of the Donner Brigade of Country M set off from the east of Country M in the spring of that year. They planned to reach California in 6 months, which required walking nearly 3000 kilometers. the distance.

But the most important thing is that everyone must climb over the Sierra Nevada before the heavy snow blocks the mountains, otherwise they will be frozen to death on the way. Everyone believes that there is fertile land in California waiting for them to reclaim and rebuild their homes.

But the weather is unpredictable, and people have misfortunes and blessings. Because they wanted to shorten the distance, they took a new road that had never been tried, but in the end it backfired and was sealed in the snow mountain.

In the end, only 87 of the 48 people were saved, and 39 people died. What's more tragic is that many dead bodies were eaten, because these people were so hungry, even if they went back, the bystanders would not believe it, but the truth is like this .

All you do is to survive, to test human nature at the moment of life and death, then most of what you face will be the evil in human nature.

But from another point of view, if my client is anyone present today, who can guarantee that he can stand on the moral high ground forever, would rather starve to death than take emergency measures to avoid danger, everyone is not qualified to face A living person with the will to survive pointed. "

Zhao Yanzhi was silent.

When Jiang Xiaobai moved out of emergency shelter again, he felt that the success rate of this defense was not high. He heard that this kid had a case about eating golden monkeys before, and he won the case.

The familiar situation is in front of us.

Even if Xu Aixiang had a strong motive to kill, but because of the lack of effective identification evidence, the final trial result will follow the principle of "no doubt" and a verdict of acquittal.

Doubtless means that in criminal proceedings, the procuratorate should make a decision not to prosecute if the criminal facts of the criminal suspect are not clear, the evidence is not reliable and sufficient, and criminal responsibility should not be investigated.

Based on the fact that neither the criminal behavior of the defendant under prosecution can be proved nor the suspicion that the defendant under prosecution has committed the criminal behavior under prosecution cannot be completely ruled out, the innocence of the defendant under prosecution is presumed from the legal procedures and laws based on the principle of presumption of innocence,

However, the other party has already admitted this point. As for whether it is true, the evidence confirmation procedure needs to be restarted. Generally speaking, whether new evidence is submitted in court or within the time limit for producing evidence depends on the case acceptance notice issued by the court to the parties or It is determined by the time limit for producing evidence notified in the notice of responding.

If there is no provision, it can be submitted in court.

The defense of both parties ended here, and the court finally decided to choose a date for sentencing.

This guy Xu Aixiang is very weak, and he has to make things more difficult for himself when he can obviously win the lawsuit.

Jiang Xiaobai said in relief: "Self-blame is just a way of self-salvation, but at any time, don't get caught up in it because of self-blame, otherwise Hannibal who was eaten will feel that you have eaten him for nothing. "

When everyone eats each other, the law can no longer restrain the society. Even in developed countries, if there is a food shortage or famine, the first thing that will collapse the social system is the law, which is the bottom line of morality.

This ghostly comforting words came from Jiang Xiaobai's mouth, which shocked Xu Aixiang who was sad at the time.

But he still thanked Jiang Xiaobai for his efforts.

The three good friends have turned into the current situation, which is both regrettable and helpless.

Two days later, the court's verdict came out.

Due to the insufficient evidence submitted by the plaintiff, it is impossible to prove that the defendant committed the crime of intentional homicide, so the crime is not established, and combined with all the current evidence collection, it cannot prove whether the defendant’s testimony is true, and the defendant’s behavior is in line with emergency avoidance. Never, so there is no need to bear criminal responsibility, but civil compensation needs to pay tens of thousands of yuan to the plaintiff's family.

This result was within Jiang Xiaobai's expectation, as for how he should face Liang Mei next, that was his business.

"Ding! The perfect defense was achieved, and Alipay accounted for 5 yuan."

"Ding! System upgrade, Genius Ace Lawyer System 1.0 is updating the installation package."