Font
Large
Medium
Small
Night
Prev Index    Favorite Next

Chapter 15 Luo Weimin's Suggestions

After coming out, Luo Weimin stood at the gate and called Xiao Yadong. "Hey, Team Xiao. It's me, Luo Weimin... Hey, the conversation is pretty good... Hehe, you're welcome. That's right. I want to have a conversation with you now. Do you have time?... Well, that's fine, see you at noon."

"Let's go, let's go back to the station first." Luo Weimin waved to his assistant not far away.

"Teacher, the thin man named Li Tianchou looks gentle and not as fierce as the newspaper said." The assistant is curious about the person he just met today.

"You shouldn't behave like a person. You have been studying for so many years and have been running with me for a while. Is it so superficial to see the problem?" Luo Weimin was a little dissatisfied.

The assistant is named Rowling, the daughter of a distant brother. She just graduated from the University of Political Science and Law more than a year ago. She gave up her good job in BJ and insisted on going south. The distant brother had no choice but to Toro Weimin to take care of her. Rowling is smart, studious, and can endure hardships. The shortcomings are that she is a little emotional. Luo Weimin loves her like her own daughter, but she is very strict at work, and even the name can only be called a teacher.

"The contrast is too big. The newspaper said he was invincible and handsome. But it is better to meet him than to be famous. Hehe, just curious." Rowling still looked smiling.

"We usually come into contact with all kinds of cases, all kinds of parties involved. Is this contrast so curious?" Luo Weimin's face suddenly became stern.

"Teacher, do you think Li Tianchou will be handed over for prosecution?" Rowling stuck out her tongue and quickly changed the topic.

"It's hard to say. If it is presumed that the defense is too good, it will definitely be prosecuted." Luo Weimin said.

"This is too unreasonable. He is obviously a hero who bravely acts for justice and fights against criminals, but he is involved in a lawsuit. If he is sentenced to excessive defense, he is guilty. He does good deeds and goes to jail. Who will still be brave in the future?" Rowling was indignant.

"You are talking about public opinion orientation, which is different from the law. If you always feel so emotional when looking at problems, it may cause great trouble for your future lawyer career. However, I want to hear how you view this case." Luo Weimin said.

Rowling thought for a while and replied: "From a legal perspective, the most important condition for determining excessive defense is that the intensity of defense exceeds the intensity of illegal infringement. It is necessary to make a correct judgment based on the methods of illegal infringement, urgency, number of participants, mentality and consequences."

Seeing the teacher's encouraging eyes, Rowling continued: "Looking back on the case, it is obvious that Li Tianchou is undoubtedly at an absolute disadvantage when preventing the crime.

"First of all, the number of suspects is superior; secondly, the suspect has the advantage of weapons; again, the suspect has acts that obviously endanger the parties; fourth... It is just an accident in the result, the suspect died and the parties were injured. But it does not mean that the defense intensity of the parties is higher than the suspect's illegal infringement. At best, the intensity is equivalent. Therefore, Li Tianchou should have acted bravely and defended himself."

Luo Weimin nodded in praise, "It's right, and the analysis is clear. But focusing on listing the advantages and disadvantages of both parties does not play a leading role in the judgment. You also overlooked two points. First, it is Li Tianchou's mentality at that time. Although the criminal was going to kill and escape, Li Tianchou's mentality was difficult to judge. Is it to effectively catch the criminal? Or to save his life? Or there are other things? Second, the abilities or physical strength issues, Li Tianchou has a background of "quasi-special forces", and the three criminals may not be able to surpass him.

"So the key to the problem is to 'will'. Just grasp one key point: Imagine that after being injured, the criminal could still shoot 4 shots at Li Tianchou. This change will seriously affect his judgment of the form at that time in the fierce struggle. Therefore, in the end, even if Li Tianchou uses defensive means to cause the criminal to die, it is impossible to infer that the party involved was wrong or used unnecessary means. Because in extremely special circumstances, the party involved's wishes are instinctive, so legitimate defense is valid."

"Ah, teacher, you've seen it thoroughly. It seems that I have to keep learning more, hehe. But I don't understand, the legal principles should be very clear. Why do the police still detain Li Tianchou in the name of excessive defense?" Rowling flattered.

"There is another presumption because of excessive defense, that is, to restore the illegal infringement process through autopsy and infer details, the witness's testimony becomes a reference. In the example, the prosecutor will adopt this presumption more, and of course, there will be a lot of debate here. What cannot be ignored is that the public security organs may have other considerations." Luo Weimin replied.

"So, we can't help much?" Rowling was a little anxious.

"That's not, it may be more difficult. At the same time, we need to analyze the perspective of the prosecutor's view of the problem." Luo Weimin said, "We must return to the office as soon as possible. I have other things to do at noon."

Luo Weimin is very efficient in his work. During his conversation with Xiao Yadong at noon, he confirmed two things. First, if the police formally file a case, he will become Li Tianchou's defense lawyer, which is completely free, so that relevant case files can be accessed through legal means; second, he will immediately submit an application for Li Tianchou's bail pending trial.

When they broke up, Luo Weimin hesitated for a moment and said, "Captain Xiao, I have an idea, it's not very mature, but you can refer to it. It's best not to file a criminal case in Li Tianchou's case, nor to go to the level of public prosecution. That would not be a good result."

"The problem is that the development of things cannot be controlled by us." Xiao Yadong smiled bitterly.

"There are still breakthrough points, mainly depending on what the starting point of detaining Li Tianchou is. I think it may be more considered by public safety factors. But from the perspective of legal principles, it is a bit far-fetched. Even when it comes to the public prosecution level, it will face a lot of controversy.

"And public opinion pressure is also an important issue that cannot be ignored. What should society advocate? What should we deny? Therefore, if we can find a suitable way to maximize the control or eliminate the hidden dangers of public safety, I think your police will carefully consider it. Administrative detention is best, education is the best." Luo Weimin was very straightforward.

"Well, it makes sense. I have considered these. But this breakthrough point is not easy to find." Xiao Yadong nodded.

"I feel that I can go to other administrative law enforcement outlets to hand over Li Tianchou's personal information to a special department for filing. Just filing, this has little impact on Li Tianchou himself, and can also take into account public safety. This practice is not to save trouble, but in the terms within your system, it is called centralized management." When he said this, Luo Weimin smiled cunningly.

After looking at Xiao Yadong, Luo Weimin continued, "As for what special department, you know better than me, local national security, special service and so on. After all, the country is so big, there are many people with unique skills hidden among the people. You can't catch all these people based on the reasons of suspicion, right? The police will not say that they are exhausted, and it will cause chaos in society. Besides, you may not be able to catch them if you want to. Li Tianchou is just a little bit lucky and reveals his wealth." Luo Weimin's words are meaningful.

Xiao Yadong's eyes lit up, yes, why didn't I expect that Luo Weimin had a good idea in this layer? Well, when I went back to find Liu Tiejun to make a decision, I had to drag the old fox into the water. Thinking of this, Xiao Yadong was in a good mood. After saying goodbye to Luo Weimin, he walked towards Liu Tiejun's office excitedly.

...

Rowling in the office felt more and more uncomfortable. After returning from the police station, she kept fighting for Li Tianchou. The young man's sense of justice was easily emotional, so she simply picked up the phone and called her college classmate who was a reporter in the "Urban Evening News". "Linlin, a busy man, why did she remember to call me?" The cheerful voice of classmate Ren Peiyi came from the microphone.

"Tsk, you are the busy man." Rowling replied and hesitated for a moment: "Hey, let me tell you something. Is there any follow-up report on the deeds of the security guards of the Phoenix Property Company published by your newspaper a few days ago?"

"Yes, I received a notice from the police in the morning that the fugitive suspect in the '1.14' case has been arrested. Do you care a lot about this? Do you have any information to report to me?" Ren Peiyi is a workaholic and never misses any news clues.

"Hehe, there is really a lot of information. What do you want? You have to explain clearly how to thank me first." Rowling kept it in a silence, but in fact she was still a little confused. Is it appropriate to do this?

"Take it down, there's still a lot of information. Just your information channel, don't fool me." Ren Peiyi didn't take the bait easily.

"I don't listen, but I can reveal a little bit to you first. It's about the security guard Li Tianchou." Rowling herself couldn't stand it.

"Li Tianchou? Oh, say, say, say." Ren Peiyi had no intention of joking.

"Tell me first, why do you thank me?" Rowling refused to give in.

"Okay, I'll invite you to have a big meal on the third day of the New Year and go shopping with you. How about it?"

"This is almost the same, don't cheat. The latest news... Li Tianchou may be controlled by the police because of suspected excessive defense." Rowling pretended to be mysterious.

"It's true, it's too boring, right? Our media is also preparing to call on the municipal government to award Li Tianchou the 'good citizen' award. What kind of bullshit defense is too good? Can you only expect to knock down the criminals with your mouth when you act bravely? What kind of garbage logic is this?" Ren Peiyi raised his voice and complained.

"Is it true or false? Check it out yourself. I said, are you shouting so loudly?" Rowling didn't expect Ren Peiyi to react so loudly, and she regretted revealing it.

"What do you know? This is called the call of justice. I'll verify it right away, don't lie to me." Ren Peiyi hung up the phone in a hurry.

Listening to the busy tone on the phone, Rowling felt that things were going to be too far. She was worried that with Ren Peiyi's personality, she would make things out of control. But now there is nothing she can do, she just blames herself for not being able to control her emotions. The teacher said it was really good, and she would have to make good changes in the future.

Luo Lin never expected that it was because of her impulse that a small "revelation" brought a turning point to the Li Tianchou incident. (To be continued)
Chapter completed!
Prev Index    Favorite Next