Citation
On February 29, 2024, I received an invitation from the Qujing Municipal People's Procuratorate, and the inviter said that as a special supervisor of the Qujing Municipal People's Procuratorate, the court invited me to watch "Article 20" together, and as the Municipal People's Procuratorate, invited me to watch a movie! I thought I heard it wrong, and I confirmed it again, and when it was confirmed that it was watching a movie, I wanted to refuse directly, but a thought came up at once, how can this Article 20 be so close to my departure from the procuratorate for more than 12 years, and I also miss a little bit of what days I was in the People's Procuratorate of Tumut Zuoqi, Hohhot City, Inner Mongolia Autonomous Region, and there are still some prosecutors' plots, so I agreed.
On March 1, 2024, I took a nap, got up early, drank tea, and walked to the cinema. I chose the last row of seats and sat down, and there were two little girls sitting next to me, and they specially invited me to eat Mei.
Synopsis of the film
The name of the film is "Article 20", the film will be released in Chinese mainland on February 10, 2024, which is directed by Zhang Yimou, starring Lei Jiayin and Ma Li, Zhao Liying special starring, Gao Ye starring.
Liu Yaowen, Wang Xiao, Chen Minghao, Pan Binlong starring, Zhang Yi, Fan Wei, Yu Hewei friendship starring, Xu Yajun, Li Naiwen, Jiang Qiming, Aruna, Yang Haoyu, Xu Jingya, Qiao Shan, Jiang Shimeng, Ding Yongdai, Liu Yitie, Chen Xuanfei, Shi Pengyuan, Li Xiaochuan, Yang Yiwei, Xu Wenhe, Song Muzi, Wang Peilu, Duo Xi special starring sitcom movie.
Article 20 tells the story of Han Mingren, a middle-aged prosecutor who wanted to try to catch the last train of his career to work in the city court, but was unexpectedly involved in a hugely divisive case, and at the same time his family faced a similar test.
In the plot, Han Ming's bad things happened one after another, since he was suspended to the city procuratorate, his son Han Yuchen beat the son of the school leader Zhang Ke and refused to apologize, and his wife Li Maojuan was indignant and then beat the school leader Director Zhang, and the knife was successful; partner Lu Lingling has constant disagreements, and the case has been unresolved for a long time; Hao Xiuping, a person involved in another case, was forced into a desperate situation and was extremely critical. The contest between love and law is unfolding, and the balance between career and family is underway, Han Ming decides to gamble everything and give fairness and justice in his own way.
Video quotes
In "Article 20", there are also golden lines, and the reason why these golden lines touch people's hearts is very simple, because in reality, behind every line is a summary of the cost of painful lessons and lessons:
First, the law cannot give way to the lawless!
Looking at reality, isn't this a true portrayal of legitimate defense in Article 20 of the Criminal Law of the People's Republic of China? In the 2016 Yu Huan case, after being illegally detained, verbally insulted, and violently beaten by an illegal debt collection group, Yu Huan stabbed a debt collector in order to protect his mother, causing him to die of serious injuries.
In 2018, "legitimate defense" was officially activated by the "Kunshan Anti-Homicide Case". The deceased Liu Moumou, drunk in a car, forcibly broke into a non-motorized lane, and was driving normally Yu Moumou, during the dispute, Liu Moumou returned to the car and took out a machete to cut at Yu Moumou, accidentally got out, Yu Moumou picked up the machete, and in turn chopped Liu Moumou to the ground, causing him to die of serious injuries. On August 27, when the public security was still in the stage of filing and investigating, the Supreme People's Procuratorate instructed the Jiangsu procuratorate to intervene in advance, and on September 1, the case was characterized as "legitimate defense", and Yu XX was acquitted less than a week. It is no exaggeration to say that the legal profession was comparable to the "early New Year", and everyone praised this treatment, why is everyone happy, because the sleeping law has been activated in the real sense.
Article 20 of the Criminal Law of the People's Republic of China reads: "Where an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, or the person, property, and other rights of oneself or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility."
Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
Anyone who takes defensive action against an ongoing crime, homicide, robbery, kidnapping, or other violent crime that seriously endangers personal safety, causing an unlawful offense, is not considered to be in excessive defense and does not bear criminal responsibility. ”
2. A crime pollutes a river, and an erroneous verdict pollutes the entire water source!
In the "Peng Yu case" that year, the judge's sentence: "You didn't hit it, why did you help it?" Directly destroying our virtue of "saving lives and helping the wounded", then, isn't the sentence "one wrong ruling pollutes the entire water source" another observation of the line into reality?
3. What we are handling is not a case, it is someone else's life!
I remember saying something similar at a meeting, when I put forward my opinion on a case of innocence, and, in order to emphasize, I also specially wrote the title of my defense opinion as "Defense Opinion on the Case of Criminal Suspect XX Suspected of Crime Does Not Constitute a Crime." After the parties in this case were finally released on bail pending trial, they were released on bail pending trial and the case was closed, but I clearly emphasized at the meeting: "Although this operation is the most ideal operation for the judicial organs in reality, I want you to think about it, what we are handling is not a case, it is someone else's life, and this person's life not only affects him alone, but also affects the fate of his family and even several generations!" ”
In the film, there are many similar golden sentences, such as:
The law is to make it more expensive for bad people to commit crimes, not for good people to make it more expensive!
We will never give in to lawlessness!
The law is the law of heaven, the law of the country, and the favor of the people!
Where does the authority of the law come from? The most simple emotional expectations from the common people!
I don't believe in the law of the country without heavenly principles, nor in the heavenly principles without human feelings!
If justice is a sin, will anyone still see injustice?
Everything right has a price, but you can't stop doing it just because it has a price.
Who are the true proponents of Article 20?
The film praises the efforts made by the prosecutor to awaken Article 20 and wins the praise of non-legal people, but it has suffered from the disgust of some lawyers, so what is the reality?
In the film, Prosecutor Han also retrieved a lot of reference cases for the murder cases prosecuted, and these cases are without exception not turning a blind eye to Article 20, why are so many cases of "legitimate defense" in the film ignored and convicted, which is the responsibility of the public security? Is it the responsibility of the prosecutor? Or is it the responsibility of the judge? In the entire litigation chain, I think that in most cases, I am afraid that only the lawyer will question and oppose the crime!
In addition, in the film, there is a main line, that is, the case handled by Han Ming, the bus driver fought in order to stop the hooligans from molesting passengers, and was sentenced to intentional injury, and died accidentally in the process of trying to overturn the case. In the play, the clip of Prosecutor Han fooling the bus driver with ** instantly disgusted me, and I almost left, but fortunately I insisted on watching it, isn't this a realistic trade-off of interests! For example, in the cases I participated in the defense, in several cases where the innocence was clearly stated, the judicial authorities did not substantively investigate the criminal responsibility of my clients, but they did not clearly declare them innocent. I think that the fate of the characters in the play is unfortunate, but it is also lucky, they are waiting for the fairness and justice that should belong to them.
So, who is shouting, who is desperately trying to wake up the sleeping "Article 20"? I think the answer must be in the hands of the wise, because justice is in the hearts of the people!