"Bai Song, don't act on impulse. What we need is legally binding evidence." Ma Xi said. He saw Bai Song holding back his anger and understood what Bai Song was thinking, but now was not the time to waste time.
"Brother Ma, I didn't act on impulse. I can say responsibly that our country's laws clearly stipulate that minors can also serve as witnesses, but they must make testimony consistent with their age and intelligence. Although this child is seven years old, he knows who entered his home and who beat whom. We will record his statements.
However, although his mother Zhang Jing is a party to the case, she is also his legal guardian. When questioning this child, his mother must be by his side. We will record the whole process and let his mother be behind him so that she cannot give him any hints. This way, this testimony will be legally binding even if it is brought to the procuratorate. "
"Is there such a situation?" Feng Bao looked curious: "This is really new. OK, Bai Song, you have learned a lot of law. OK, I support you."
Bai Song glanced at Brother Ma and Brother Bao and nodded gratefully.
…
Everything went smoothly. Several calls to the police in the afternoon were all resolved reasonably with the joint efforts of everyone. Statements from the three parties involved in the case and the children of the witnesses were also taken in great detail.
Overall, it was no different from what Bai Song had imagined.
Li Na entered the house by knocking on the door, not breaking it down. After all, Zhang Jing did owe Li Na money, and there was no way she would not open the door.
Li Na herself did not admit to the attack, nor did she admit that the wound on Zhang Jing's head was caused by her. She described herself in a very miserable way, saying that she went in to ask for money, but the other party refused to give it and instead slashed her with a knife.
The transcripts of Zhang Jing and Chu Wenwen are relatively consistent. Li Na came in and had a fight with Zhang Jing, and then Li Na attacked Zhang Jing. Chu Wenwen stepped forward to separate them, but failed. Chu Wenwen was afraid and took the knife. Li Na still refused to leave and leaned towards Chu Wenwen, and then Chu Wenwen's blade hit Li Na's head. After Li Na's head was injured, she was driven out by Chu Wenwen.
This point is also consistent with the statement made by Zhang Jing's son.
What can be confirmed at present is that Zhang Jing’s injury was caused by Li Na, there is no doubt about that.
Li Na's injury was caused by Chu Wenwen using a knife, so there is no problem with that.
It was already evening when the record was completed. How to solve everything depends on the injury. Bai Song made an appointment for a forensic appraisal of the injury.
It was past eight o'clock. Perhaps because of the three consecutive fights at noon, the place was very quiet, but Bai Song was still thinking about something in his mind.
Why, as human beings, must we bully others so shamelessly just for a little bit of profit?
Bai Song thought about Li Na and couldn't help but think of Scarface.
Bai Song has seen a lot of bullying, but people always have to have a limit. For example, Bai Song can tell where Huimao's limit is. If you give this kind of person a hand, he will be a normal person. But people like Li Na and Scarface have no bottom line or limit at all. It's really... Never mind, I won't say any more swear words.
Feeling a little annoyed, Bai Song took out his cell phone, thought for a few minutes, and sent a WeChat message to Zhao Xinqiao.
Xinqiao had no classes in the evening, so when he saw Bai Song’s WeChat, he called Bai Song.
"You still have time to call me while you're on duty?" Zhao Xinqiao was a little curious.
"Well... I just finished what I was doing, so I'm not too busy right now."
"The police station is really hard. How long do you plan to stay there?"
"It's hard to say. It's very challenging here. We'll have to wait and see." Bai Song said, "Did you read the WeChat message I just sent you?"
"Look, the person who was hacked is so bad." Zhao Xinqiao also complained. Generally speaking, legal professionals look at things very objectively, but he also expressed strong dissatisfaction with this kind of behavior.
"Well, I'm also confused. In this situation, can it be considered self-defense?" Bai Song asked, not embarrassed at all.
"Yes, why not? This is a criminal act of illegally invading someone's home, and she even beat people up. The girl's behavior constitutes legitimate defense, so there's no problem."
"But, it was this family who opened the door and let Li Na in, so it doesn't count as illegal intrusion, right?" Bai Song's mind was a little confused, and he always felt that there was something he couldn't grasp.
"Okay, it's time to teach you a little bit about the law. This crime is not often tested in the judicial examination. In fact, the judicial examination does not test all the criminal law. Moreover, the judicial examination mainly tests understanding, not theory. I guess you haven't memorized the law, right?
Illegal intrusion into another person's home, this law has its origins in the Constitution and is actually stipulated in Article 245, Paragraph 2 of the Criminal Law. The crime of illegal intrusion into a residence refers to the act of entering a citizen's residence against the wishes of the occupants or without legal basis, or entering a citizen's residence and refusing to leave after being asked to do so.
Although the family opened the door and allowed this bad woman to enter, there was a conflict in the middle. The family asked her to go out many times, but she refused and even fought with the family. This naturally counted as refusing to leave, which naturally constitutes the crime of illegally invading another person's residence.
In this regard, similar problems do occur frequently in judicial practice. Many people have entered other people's homes and refused to leave even though they were asked to leave. In fact, if they stay there for a long time and behave badly, it may constitute a crime. "
Bai Songru, like an educated little boy, nodded and said, "I feel like I won't be able to pass the judicial examination..."
"Not really. I talked to you last time and I felt that you have a pretty good foundation. You just need to consolidate it."
"Well, thank you. I'm bothering you again. I really don't know how to thank you." Bai Song felt a little embarrassed. If he didn't keep studying, the gap between him and people like Zhao Xinqiao would really get bigger and bigger.
"Thank you? Okay, next time I go to Tianhua City for the second trial, you have to treat me to a big meal." Zhao Xinqiao was very happy: "But, I hope that's because you passed the judicial examination and you're treating me."
…
After hanging up the phone, Bai Song was stunned for a while.
As a police officer handling the case rather than a lawyer, Bai Song does not protect the rights of his clients like lawyers do, but what Bai Song pursues is justice.
What Bai Song was protecting was not the interests of Chu Wenwen and her mother at all, it was purely for fairness. Thinking of this, Bai Song was much more excited.
According to relevant legal provisions, if it is discovered during the investigation of a case that the suspect should not be held criminally responsible, the case should be withdrawn.
Bai Song's mind gradually became clear. He would first make an assessment. After it was determined to be a minor injury, he could file a case. After the case was filed, he would take all the documents and reports to talk to the leaders and the legal department, and try every possible way to determine that it was self-defense!
Um!
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