The first trick of intentionally killing people to escape death: strengthen the belief in survival
After intentional homicide, the revenge concept of "killing for life" accumulated in people's minds for a long time has made most people stunned and think that they will die, so they give up on themselves, and sometimes there is a feeling that "the decapitation is only a scar the size of a bowl" and "Lao Zi is a hero after 20 years", which is very generous. Therefore, in the investigation stage and the prosecution stage, when questioned by public security organs and procuratorial organs, they do not seriously consider and speak casually. In order to pursue the efficiency and results of handling cases, investigators and prosecutors have become the consistent style of handling criminal cases from quick to heavy. When interrogating a criminal suspect, most investigators only record the unfavorable situation, turn a deaf ear to the favorable situation, and sometimes even help the criminal suspect "recall the case". Induce the suspect to say "You are dead anyway, it doesn't matter what you say". If the suspect does not have a strong desire to survive at this time and does not review the items recorded in the interrogation record, the criminal facts presented in the file may be completely out of touch with the objective facts! It can be said that a person who is disheartened and has no desire to survive is useless. It is impossible for him to actively seek countermeasures and take everything and every word seriously. If he falls on this line of defense, it will be fatal to him! Therefore, a firm desire to survive is the premise and foundation for the beginning of a new life.
The second measure of the crime of intentional homicide: say every sentence carefully, remember what you said and try to be round.
Whenever the defender points out in the trial that the truth of the case is inconsistent with the criminal facts accused by the public prosecution agency, the public prosecutor invariably quotes the first confession and the second confession of the defendant on a page of a certain volume. It can be said that if the confession of the defendant is basically the same in the investigation stage and the prosecution stage, it is basically impossible for the defendant to retract his confession in the trial stage. Although we found many illogical places from his many confessions when defending him, trial is different from mathematical reasoning after all. You've said this yourself before. Why should others doubt the truth of words and deeds against you? Because of this, many defendants paid a heavy price for their careless words and deeds, and some even paid their lives! Therefore, it is very important to speak carefully in every sentence. Of course, you must remember when you say it. Generally speaking, in order to obtain the stability and consistency of confessions and prevent complications, investigators will interrogate the defendants again and again until they think that a complete chain of evidence has been formed. This requires us to remember every word we have said, and what we said last time should be justified with what we said next time. Otherwise, it is bound to let them see the flaw, which will lead them to continue their endless investigation, and it may not be the case.
The third measure of intentional homicide is to consider the whole case and determine the tone and direction of the confession.
After being arrested by the case-handling organ, it is impossible not to talk, especially in China, a country with a low degree of democracy and legal system. If you don't talk, it may lead to various criminal investigation methods. Therefore, before being interrogated, a criminal suspect should make a comprehensive consideration of the case, and make clear which plots should be told, which plots should not be told, and which plots should be vague (generally speaking, clear and correct facts should be told, but I don't think the facts that the case-handling unit can't grasp should be told, and the facts that the case-handling unit can't accurately grasp should be vague), which plots should be told first, which plots should be told later, and which plots can't be told for the time being (usually, the facts that the case-handling unit has found out should be told first. Make this clear, and you will be able to respond flexibly to the interrogation of the case handlers.
The fourth measure of intentional homicide to avoid death: surrender and make meritorious deeds, and use life-saving grass appropriately.
Articles 67 and 68 of the Criminal Law of People's Republic of China (PRC) stipulate that criminals who surrender themselves or have rendered meritorious service may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment; Whoever surrenders himself after committing a crime and has made great meritorious service shall be given a mitigated punishment or exempted from punishment. It can be seen from the above that surrender and meritorious service are statutory mitigating circumstances. This is a good way of life when people who commit intentional homicide think there is no other way to save themselves.
The fifth measure of intentional homicide to avoid death: the facts are vague and the defense space is large.
For any case, no matter when the investigation organ intervenes, it is the fact that the investigation organ restores the crime afterwards. Therefore, there is inevitably a time lag problem, which will lead to the fact that the legal facts ascertained by the investigation organ may be inconsistent with the objective facts of the crime, especially when the time interval between the occurrence and detection of the case is long. In other words, it is difficult for the investigation organ to restore the real criminal facts. In this way, if the criminal suspect can weaken and blur the criminal facts as much as possible when being questioned by the case-handling personnel, it may make the evidence collected by the case-handling unit unable to form a complete chain of evidence, thus providing a huge space for lawyers to defend, resulting in the alleged criminal facts not being established according to law.
The sixth measure of intentional homicide to avoid death: In order to make a good judgment, a lawyer's defense is essential.
After many people commit the crime of intentional homicide, the first thing that comes to mind is whether they have relatives or friends in officialdom, or whether they have friends in officialdom. In China, where the power-based consciousness is deeply rooted, there is nothing wrong with this idea. However, with the continuous advancement of the rule of law in China, the supervision of power has been strengthened, and it is a bit naive to simply rely on relationships to escape death. After all, officials are most afraid of losing their jobs. He is very afraid of public anger and the pressure of public opinion, and he is afraid that his political achievements will be stained with any stain. Therefore, when he decides whether to intervene with power, he will inevitably weigh it repeatedly and generally will not act rashly. If we put all our hopes on such people, we may miss the best opportunity to save lives, and it will be too late to regret at the end! As the opposing forces of both sides, lawyers will have a far-reaching impact on the trial of the whole criminal case with the rise of their status and professional level. In the trial of criminal cases, the role of lawyers is mainly reflected in:
(a) to guide the defendant to reduce his psychological burden.
(two) to guide criminal suspects and defendants to participate in litigation activities, to prevent unnecessary troubles and consequences caused by improper speech.
(3) Study the case file to find the flaw of the prosecution.
(4) Apply for the case-handling unit to start relevant procedures and collect evidence in favor of the defendant.
(five) in-depth communication with the handling unit to ensure that enough is enough.
(six) to seek the understanding of the victims and reduce the pressure of handling cases.
(seven) to supervise the public security, the procuratorate and the court to handle cases according to law, and ensure the fairness and justice of the cases.