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195: The case has a little deviation again.
“Self-defense?”
“Yes, self-defense, for two reasons. First, from the ruling in another case, it’s clear that Lü Xinhao and the others’ actions were quite similar. They had previously engaged in this type of behavior with Guo Zihao multiple times.”
“Threatening to take money, and if not given, various beatings.”
“Therefore, it can be concluded that Lü Xinhao and the others also committed robbery against Guo Zihao.”
“Moreover, when Lü Xinhao and the others threatened to take money, the act of robbery had already begun.”
“So, in such a situation, Guo Zihao’s attack that day should actually be considered an act of self-defense!”
It was a very simple strategy: since they had determined the other case was robbery, then this one, too, must be robbery because the actions were identical.
Chen Yinghe was noncommittal, merely motioning for Zhou Yun to continue.
Zhou Yun continued, “Second, in terms of the degree of defense, Lü Xinhao and the others were all four attacking before, and they were armed. Therefore, it is also reasonable for Guo Zihao to counterattack with a weapon.”
“And the crucial point is that Lü Xinhao and the others are already an evil force gang. Therefore, Guo Zihao’s act of preparing a switchblade in advance and wildly brandishing it should be considered reasonable self-defense!”
Zhou Yun’s case-handling method was simple: first, based on the existing situation, use brainstorming and other methods to find a direction, and then collect evidence step by step according to that direction.
Whether it was a civil lawsuit or an investigation order, everything was to prove the concept of “Guo Zihao’s self-defense.”
From the current situation, he had essentially done everything a Lawyer could do.
One link nested within another, the two cases could be said to contain each other, a situation that was basically the most perfect.
Why? Didn’t someone say that the problem with things in the world is precisely that they contain each other…
In short, if self-defense still couldn’t be achieved in this situation, then don’t even think about an acquittal. The Court would basically not be able to rule not guilty, unless the Judge was insane.
The words were spoken, but Chen Yinghe on the other side didn’t respond for a long time, which made Zhou Yun frown slightly. Could it be that even at this stage, it was still not enough?
So Zhou Yun said again, “Prosecutor Chen, what do you think?”
Little did he know, Chen Yinghe was sighing with emotion in her heart. This time, it could almost be said that the tactic of “you fight your way, I fight mine” had been used to its extreme.
On the surface, it seemed completely impossible to be self-defense, but Zhou Yun approached it from another angle and found evidence of Lü Xinhao and the others robbing those five classmates.
Then, using this as a breakthrough, he entered the case. It could be said that as long as that case was identified as robbery, then the self-defense in this case would basically be established.
The reason was simple: neither the Public Security Bureau nor the Procuratorate would rarely overturn their own conclusions.
Especially in Guo Zihao’s case, Zhou Yun went to great lengths to help him get bail. That made things easier. As long as there was no arrest, the Procuratorate was a friend.
So, if the Procuratorate determined self-defense and did not prosecute at this time, it would not bear any responsibility.
Skilled defense Lawyers never confine themselves to the so-called scene of the case. They approach cases from any other angle and then resolve them in an unimaginable way.
Regarding this, Chen Yinghe couldn’t help but exclaim “Brilliant.”
At this moment, hearing Zhou Yun’s words, Chen Yinghe subconsciously blurted out, “Ah, brilliant, too brilliant… Oh, no, what was it, self-defense, right? It does have some merit.”
Zhou Yun nodded silently, feeling that he must have misheard.
Chen Yinghe then continued, “There is indeed a basis for determining self-defense, but Lawyer Zhou, I also have to make it clear to you that, given the current situation, the leaders of the Procuratorate may not agree.”
For a major criminal case involving two serious injuries and two minor injuries, if self-defense were to be recognized, it would undoubtedly require the approval of the Procuratorate’s Prosecutorial Committee and the signature of the Procurator-General.
It was simply not something a single Prosecutor could decide.
Zhou Yun smiled upon hearing this, “Of course, so my idea is, do you think we can apply for a hearing?”
He wouldn’t be so naive as to think that convincing the Prosecutor would truly lead to non-prosecution, but the Prosecutor could suggest holding a hearing.
Procedure was very important, and this had been emphasized countless times.
As long as the hearing was conducted well, then making a decision of self-defense and non-prosecution would be fine.
Many cases were handled through hearings, it’s just that many of us usually don’t know about it.
Article 4 of the “Supreme People’s Procuratorate Provisions on Hearing Work for Case Review” stipulates:
When People’s Procuratorates handle cases involving necessity of detention review, proposed non-prosecution, criminal appeals, civil litigation supervision, etc., where there are significant disputes in factual determination, legal application, or case handling, or where there is a major social impact, and it is necessary to hear the opinions of the parties and other relevant personnel in person, a hearing may be convened with the approval of the Procurator-General.
Participants in hearings generally include, in addition to case-related personnel, some National People’s Congress deputies, Chinese People’s Political Consultative Conference members, and other personnel invited based on the case circumstances.
For example, in cases involving women and children, people from the Women’s Federation must be invited to participate.
In a case like this, if there were to be no prosecution, it would certainly cause a lot of discussion, and holding a hearing would make things much easier. This would mean that the Procuratorate had listened to various opinions when making the decision.
“A hearing, then,” Chen Yinghe nodded. “I can help apply for that, but it also needs leadership approval.”
That was natural. Zhou Yun breathed a sigh of relief. Everything had gone smoothly today, without much effort.
After chatting for a few more minutes, Zhou Yun took his leave. By now, he could basically inform Guo Xitian.
Walking outside, Zhou Yun dialed Guo Xitian’s number.
On the other side of the county town, Guo Xitian was cooking at home. He had basically not gone anywhere during this time, and the couple had been at home accompanying their child.
Or rather, they had never known before that the bullying their child experienced at school was so severe.
So, it could also be considered compensation for their child.
His phone rang. He took it out and saw that it was Zhou Yun calling. Guo Xitian quickly looked at his wife and son and said, “Don’t say anything yet, it’s Lawyer Zhou’s call.”
After speaking, he answered the phone, “Hello, Lawyer Zhou.”
Zhou Yun’s voice came from the phone, “Hello, Mr. Guo. Um, I’m letting you know that your son Zihao’s case has now reached the Procuratorate, and I have completed reviewing the file.”
“And I’ve also met with the Prosecutor. I can’t disclose the specifics to you, but in short, Lü Dehai and those others should contact you next.”
“Yes, they will discuss criminal reconciliation with you. It’s not for you to give them money, but for them to give you money.”
“They will definitely talk about both sides issuing letters of understanding. You can either push everything onto me or directly refuse, understood?”
“If they are going to give money, then you can decide based on the situation. If they give enough money, issuing a letter of understanding is fine.”
This was truly fine, after all, in this case, the focus was on the rape charge.
And the girl’s father was 100% unlikely to give any letter of understanding.
Everyone knew Zhou Yun was difficult to talk to, so basically everyone who dealt with him would bypass him to contact the parties involved, which he couldn’t prevent.
After all, how the case was handled still had to be decided by the parties themselves.
And Guo Xitian, upon hearing this, was immediately stunned.
“Huh? Lü Dehai is calling to ask my family to issue a letter of understanding? And possibly give me money?”
At this moment, Guo Xitian had only one thought: Is this reasonable?
His son had stabbed their children like that, and now, they were asking his family for understanding?
Zhou Yun smiled, “Yes, the case now might be a little different from what you imagined. There’s been a slight deviation, so many changes have occurred.”
“Anyway, you can decide for yourself what to do next. We’ll keep in touch.”
After hanging up, Guo Xitian excitedly told his wife and son, “We don’t have to pay compensation! Yes, don’t worry about that anymore! Lawyer Zhou said that those families will call me and ask our family to issue a letter of understanding!”