Among all possible "real" possibilities, the widely accepted version is:
Chen Shifeng bears a grudge for not getting back together with Liu Xin. As a control freak, he hated from love and decided to destroy what he couldn't get. That day, I took the knife from the laboratory, ambushed around Jiangge's residence, and drank whiskey in advance to be courageous. Liu Xin took the door in advance, and Jiangge quarreled with Chen Shifeng at the door.
The prosecution further believes that Chen Shifeng suspected that Jiangge prevented him from getting back together with Liu Xin, so he planned revenge.
The prosecution believes that Chen Shifeng should be convicted of intentional homicide.
Chen Shifeng's lawyer made several points that left us dumbfounded. He expressed it like this:
First of all, this knife was given to Jiangge by Liu Xin, not brought by Chen Shifeng. Secondly, Chen Shifeng didn't ambush Jiangge, but wanted to talk to her.
However, I didn't expect Liu Xin to give Jiangge a fruit knife and lock the door to prevent Jiangge from entering. The latter struggled with Chen Shifeng in a state of mental breakdown. In the process, Chen Shifeng accidentally injured Jiangge, and the first knife caused fatal injury to the left common carotid artery.
Therefore, Chen Shifeng committed manslaughter and self-defense.
The lawyer also explained that Chen Shifeng then took out Giddens Ko who murdered Jiangge:
After forensic identification, Jiangge died after the first knife. There is no direct causal relationship between Chen Shifeng's later fabricated Giddens Ko and Jiangge's death. Killing a dead man is not "killing".
Schematic diagram of Jiangge's injury (Source: This newspaper)
Because the first knife is manslaughter, the definition of intentional homicide in Japanese law is not applicable, but Article 203 of the Japanese Criminal Law, that is, the crime of attempted homicide, is applicable.
Therefore, Chen Shifeng's lawyer thinks that Chen Shifeng is guilty of attempted murder.
In Japan, intentional homicide, death penalty or life imprisonment. The crime of attempted murder is at most 15 years, and at least one year.
Under such a strategy, he still has a chance to see the light of day again.
Jiang Ge's mother has always insisted that Chen Shifeng should be sentenced to death.
"A murderer knows the value of life only when it is threatened."
Lawyer Chen's debate strategy immediately aroused the resentment of netizens, who expressed their deep hatred.
Someone pointed the finger at Chen Shifeng's lawyer directly, thinking that he was lying and trying to get rid of Chen Shifeng's crime. This was a lightning strike.
The titles of some articles are even more sensational:
Judging from the testimony and evidence published so far, it is contradictory to Liu's statement. One is crazy lying, and the other is desperately whitewashing. But without God's perspective, we can't know exactly what the truth is.
Liu Xin is cruel? Chen Shifeng attempted murder? These seem to be the voices of public opinion, but this time a lawyer stood on the opposite side of public opinion.
Chen Shifeng lawyer Chen Shu's personal data source: Baidu Encyclopedia
I can understand everyone's indignation. No matter Chen Shifeng's behavior led to Jiangge's death, he didn't plead guilty or apologize to Jiangge's mother afterwards, which is an unacceptable evil. The most acceptable punishment is that one life is worth one life.
Our views are part of public opinion. Such an artificial Chen Shifeng accords with our general understanding of the dark side of human nature. Only when he dies can we live in a just society.
But we must understand that "moral experience" cannot frame "judicial procedure", let alone represent the truth.
This is also the reason why we need lawyers-to avoid making the mistake of "public opinion ruling".
20 14 The movie Twelve Citizens exposes the horror of blindly following public opinion. Under the ruling of universal social values, an innocent suspect can be convicted by a show of hands, and there is no reasonable procedure to explore the truth behind it.
He Bing's lawyer-like role in the film reminds us not to judge people simply and rudely.
This reminder is particularly important in the lawyer industry.
Whether the defendant is a good person or a bad person is just a moral evaluation. Even defending the "bad guys" on the moral level, from the legal point of view, is not to get sick.
Criminal suspects also have the right to defense.
We have heard so many "Miranda warnings" in movies, all about safeguarding prisoners' rights. Your mistakes can't deprive you of your basic rights.
This also includes the right to hire a lawyer.
"You have the right to remain silent. If you speak, anything you say will be used in a court of law. You have the right to a lawyer, and you can ask a lawyer to be present at the trial. If you can't afford a lawyer, we will provide one for you free of charge.
Even criminals, lawyers have the obligation to fight for the right to reduce their sentences.
193 1 In the final highlight of the movie "M is the murderer", although the trial was held in private, a court was established to judge the murderer and a defense lawyer was appointed. Although lawyers hate murderers, they defend them professionally.
In the final analysis, the lawyer's job is to strive for the interests of the client to the maximum extent.
There is nothing wrong with defending a murderer.
But what we hate is that lawyers' defense is not based on facts or laws, but based on their rich experience and professional skills, making up unconvincing evidence while knowing that the parties are guilty to help them get rid of crimes!
This is shielding the devil!
In the movie "Melting Pot", lawyer Huang, played by National Huan, did everything he could to help the principal and two brothers who sexually assaulted girls get away with it.
Bribery of prosecutors, but also use the unspoken rule of "courtesy of former officials" (the first case taken over by a ministerial judge after retirement will help him win), increasing the chances of winning.
Privately encourage forensic doctors to tamper with testimony, and also use female students' hearing impairment to distort existing facts.
In the unfavorable situation, he personally used money to promote out-of-court settlement, and even directly poured dirty water on the girl, framing her for actively "cooperating" with the principal to have sex.
This can be said.
His "vigorous defense" has done two guilty parties, and the sentence of suspension of execution is basically equal to no punishment.
Afterwards, Mr. Huang can still say such grandiloquence as "everything happens for a reason".
At present, the lawyer's professional ethics and practice discipline have vanished in the face of the darkness of human nature.
It is indeed a judge's literal duty to uphold justice.
But in the process of work, will the justice in my heart disappear?
Although lawyers who defend "bad guys" are accomplices, this phenomenon is too absolute and ignorant.
The winner is justice.
But lawyers should also be invited to defend the devil in accordance with professional ethics and judicial justice.
The Code of Professional Ethics and Practice Discipline for Lawyers clearly stipulates that a lawyer shall not intentionally provide services and help for the illegal, immoral or fraudulent demands or behaviors of his clients.
We can accept that criminals get basic human rights, but we can never accept the punishment they deserve, let alone the crime of shielding demons!
Suyuan
Here, I would like to say to Chen Shifeng's lawyer that if you really know that the truth of the matter is against Chen Shifeng, please make a guilty statement immediately.
As one of the top 100 lawyers in China, you have defended corrupt officials from indefinite to several years, and you have defended Li Tianyi the beast, so you should understand a truth better than we do.
People who trample on justice and fairness are as evil as murderers.