Chapter 1024 Rewrite

"Zhai Nan, you can't write like this."

Mu Zi returned those pages of documents to Zhai Nan, with puzzled eyes, "Why did you write like this?"

"Isn't it right to write like this?" Zhai Nan looked blank, and looked down at his homework again.

"This is not a defense at all." Mu Zi said, "Zhai Nan, think about it differently. If you were your agent, would you be willing to see such a defense? It is almost the same as a confession."

Zhai Nan was slightly embarrassed, and murmured: "But he is a murderer, the blood in his house matches the corpse, and the neighbors also heard the quarrel between the two, apparently he killed the other party during the quarrel, and then threw the body into the The facts of the crime are clear, and all I can do is to help him reduce his punishment..."

Mu Zi sighed in her heart, she felt that Zhai Nan had missed the point at all.

"Were you there when the crime happened?" Mu Zi asked him.

Zhai Nan was taken aback by the question, "This is just a case..."

It's a fabricated story, it's false, how could Zhai Nan be there?

"Since you're not at the scene of the crime, how do you know if he committed murder?" Mu Zi asked.

Zhai Nan hesitated: "There are bloodstains of the victim in his house..."

Mu Zi interrupted him: "Zhai Nan, you are wrong. What the teacher wants us to write is a defense statement, not a criminal complaint. Your role is a defense lawyer, not a prosecutor. You must make it clear that no one will Knowing what the truth is, your duty is to provide a strong defense for your client, do your best!"

"...Even if he is a murderer?" Zhai Nan showed embarrassment.

Mu Zi was helpless, and raised his forehead and said: "Anyone is innocent until he is convicted! No matter how brutal and terrible the crime he is accused of, he has the right to a fair and legal trial! And the only way to get this kind of trial , is a defense lawyer defending them with due diligence!

But look at your defense, Zhai Nan, you have deprived him of his legal right to a trial. As his defense lawyer, you must do your best to protect his interests under the premise of legal compliance , at all costs, even if he is a murderer! "

Zhai Nan frowned, and couldn't help retorting: "You know that he killed someone, but you still try to help him get rid of the crime? Doing this... Isn't it a bit immoral?"

"If you are a doctor, and there is a murderer who is dying in front of you, can you save him?" Mu Zi asked him, "If you save him, maybe he will kill again in the future, so is your act of saving people immoral?

The duty of a doctor is to save lives and heal the wounded, and he will not consider whether the patient is good or bad. The same is true for lawyers. Regardless of whether the client is good or bad, the lawyer's primary duty is to maintain the normal operation of the judicial process. Even if he really killed someone, to be executed, his life must be deprived of his life through legal and just procedures. "

Mu Zi really cared about Zhai Nan, so she wasted so much time to say such a thing.

Zhai Nan took the judicial examination five times, and finally entered the Judicial Training Institute. Mu Zi sincerely hoped that he could graduate smoothly.

Zhai Nan seemed to understand a little bit, scratched the back of his head in embarrassment, and asked in a low voice: "Then what do you think... how should I change it, which is better?"

"Rewrite it." Mu Zi sighed. "You have to understand that the prosecutor initiates the public prosecution, the lawyer provides the defense, and the judge judges in the middle. This is the trial triangular structure. In this structure, no corner can be neglected. Otherwise, the balance of prosecution and defense will be broken, and it is easy to fall into judicial arbitrariness. , so before you consider morality, you must be clear about your institutional role and whether you have fulfilled your duty."