C59
The case of Ma Rong's murder was heard in open court in Changsha City's Intermediate People's Court. Nearly a hundred people were seated in the courtroom, and many had no seats, so they could only stand.
Ding Wei and Shen Yuan sat in front. Marlon maintained a smile and seemed very calm.
The lawyer for the prosecution, He Guowei, had a confident smile on his face and a gentle scholarly demeanor. The dialectics did not hire a lawyer, but rather commissioned Shen Yuan of the Institute of Medical Forensic Medicine of Central South University as a defender.
The prosecution prosecutor read out the indictment in a loud voice:
"— — According to law, on June 28, 2013, around 8 pm, the victim, Li Feng, Maarten and Liu Sheng went to the army camp to watch a movie. On the way, they met the defendant and the victim on the grass, and they started to cuddle up and whisper to each other. Then the defendant called the victim aside and they quarreled. In the midst of the argument, the defendant suddenly took out the knife he carried with him and stabbed the victim in the left side of his chest, causing the victim's death. Forensic identification: The deceased was stabbed with a single edge instrument from left chest to left atrium ruptured and died of blood loss. After the murder, the defendant was arrested on the spot. The toxicological analysis of the Forensic Center showed that the blood samples taken by the defendant contained alcohol. Yue Meishang Shop's testimony also showed that the accused had been drinking in the city before the murder. According to the testimonies of Li Feng, Ma Teng and Liu Sheng, the victim has a relationship with the defendant. The defendant was killing because of his dissatisfaction with the victim. "The Court considers that the defendant, Ma Rong, intentionally and unlawfully took another person's life, and that her act violated Article 232 of the Criminal Law of the People's Republic of China, that the facts of the crime are clear and that the evidence is correct and sufficient and that she should be investigated for criminal responsibility for intentional murder."
"I have a statement here that clearly stated that my client didn't know the victim before the murder. There was no reason to kill a stranger who did not know him, except in a state of delirium. After the incident, my client stood there and did not leave the scene. The record of the public security inquiry also showed that there was nothing unusual about her mind. We can only assume that the victim committed an offence. And my client was a necessary measure when his person was threatened. It could be considered justifiable and not intentional murder. Since she did not know the deceased in advance and there was no motive or subjective intent to kill the victim, she should not be held criminally liable. " Shen Yuan slowly said.
"I also have a statement here that proves that the defendant had a deal with the victim and agreed to sell himself to the victim for two hundred thousand dollars. And according to another statement I have here, the defendant was pursued by many young men during the period before that. During the courtship, he received gifts from male suitors and went out for free. Therefore, it can be inferred that the defendant's basic purpose in having a boyfriend was to get money. For example, could it be said that there was nothing else unspeakable about a girl like this who defended herself against a so-called supposition? Perhaps the victim was attacked only because he was unable to meet the defendant's requirements. " Lawyer He Guowei began to speak, his tone clearly laced with mockery.
"First of all, I'd like to ask the prosecution to heed their words, or I'll sue you for slander on behalf of my client." Ding Wei's tone was still calm. "This is a forensic report after my client killed someone. It clearly proves that my client never had sexual relations with anyone until the day of the murder. From this, you can see that my client is definitely not a person who doesn't know his place. As for my client, there are too many people pursuing her. This is normal, because my client is a very pretty girl. In addition, my client was involved with different young men. It was only natural for her to receive gifts for her birthday, not gold or silver, as a couple during a relationship. As for going out to play, in our country, it is usually the boys who pay for the expenses of a meal and play, which is nothing to do with the money they receive through association, not to mention that the defendant himself has a job as an accountant, earning at least six thousand dollars a month. If the prosecution doesn't believe us, we can call her company on the spot to confirm that something is wrong. I think the lawyer's saying this misled the audience into believing that the defendant had impure motives for having a boyfriend. " When Shen Yuan said this, the people in the crowd that heard it all revealed smiles.
"I request that our witnesses be brought up." He Guowei said.
The judge agreed. Not long later, prosecution witnesses Li Feng, Ma Teng, and Liu Sheng were brought into the courtroom.
"Excuse me, what did you see on the 15th of this month at 11: 30 PM? Please tell me the truth."
"When the three of us went to see an open-air movie, we saw a man and a woman sitting on a grass field not far from us. At first, they sat together, then they started arguing and the woman stabbed at us with her sword." Li Feng replied.
He Guowei asked the same question as the other two and got the same answer.
"Will you swear by what you say?"
"Yes." The three replied in unison.
"Throughout the process, there is no evidence that the deceased committed any substantial act of aggression against the defendant, and the defendant, on his own subjective judgement, concluded that the deceased intended to commit a forcible act against her, which is clearly an imaginary defence. The defendant had intentionally harmed the deceased and had also committed the act of killing in order to satisfy all the elements of intentional killing. Therefore, the prosecution believes that the defendant should be held guilty of intentional killing. " He Guowei seemed very confident at this moment.
Shen Yuan asked Ma Rong, "Why did you bring a small knife with you?"
"I didn't, it was Wang Zuo Hua's knife. He wanted to use the knife to slice my face, but I didn't dare move. He thought I wouldn't resist and wanted to take off my pants." "They held my hands and feet down. They were accomplices."
"Since the prosecution said the knife was taken from the defendant and the victim was stabbed to death, I asked the police to show the report of the fingerprint on the knife."
"Objection. When the defendant committed murder, the victim's first reaction would be to try to move the knife away with his hands, which would no doubt leave a fingerprint on the knife. "
"The objection is valid."
"When my client drank a lot of wine, the shop owner of Meizhuang also testified to this point. When he walked out of the shop, he swayed a little, meaning that he had lost his physical strength and spirit, thus he had lost his ability to violate the law. Under these circumstances, would my client be able to take out a knife and kill him? So there is no statutory requirement for deliberate killing. " Shen Yuan said.
"The defendant was drinking too much and had too much energy to commit an unlawful act. However, the psychological state of a person will change with the development of events and the passage of time. In the course of quarrelling and fighting, it is inevitable that the psychological changes of the defendant will not be triggered. Moreover, there is an intention to illegally deprive another person of his or her life, and his or her actions do not have the necessary elements of legitimate self-defense. " He Guowei retorted.
The debate focused on two points. First, could Marlon provide evidence that she had indeed been wrongfully assaulted, and second, if the victim had really intended to be violent, would Marlon have acted in a way that was justifiable?
"Judge, I'd like to ask three witnesses for the prosecution." Shen Yuan said.
"Agreed." said the judge.
Shen Yuan asked, "The three of you are witnesses, yet the defendant thinks that you are accomplices. So, let me ask you this: have you been on the highway all this time?"
"Yes, the three of us waited until the police came to record the statement before leaving the scene. We were afraid of destroying the scene, so we didn't dare to go to the scene."
"Now, let's make sure that two of the three of you are wearing the same clothes as when the crime was committed." Shen Yuan said as he made a slide show of the video photos taken that day on the screen.
Li Feng and Liu Sheng respectively pointed at the slides to confirm their clothes.