As a Lawyer, You Sent the Judge In?

Chapter 190: No, in this case you still have to take precautions

Chapter 190 No, in this case you still have to defend yourself with self-defense? !

The prosecution’s statement is completed.

At the judgment seat.

Presiding judge Song Yuanhui looked at the seat of the victim’s family members after sorting out Lu An’s lawsuit application.

“Now please ask the victim’s family or litigation attorney to file a lawsuit application.”

Facing the reminder from the presiding judge.

Two attorneys, Li Fei and Xu Bing, spoke respectively.

The content of the speech is very simple.

The general meaning is that Chen Bin needs to pay legal and criminal responsibility.

And require compensation for civil liability.

A lawsuit application filed by two attorneys appointed by the victim.

Generally speaking, there are not too many other requirements.

The family members of Li Fei and Xu Bing actually only wanted money.

I don’t have any other ideas.

As long as they can get the money, let’s talk about it if they can’t get the money.

After listening to the statements of the victim’s family, the presiding judge Song Yuanhui sounded the hammer.

“The victim’s family and their authorized attorneys have completed their statements. Now let’s ask the defendant or the litigation attorney to make a statement.”

　　　…

Hearing the words of the presiding judge, Su Bai breathed a sigh of relief.

Judging from the current situation in this trial, most of them are not optimistic about the defendant.

indeed.

Based on the general situation, the prosecution proposed intentional injury.

There is no big problem.

Then looking at the results, two people were killed and three were seriously injured.

It is still an established result fact.

You cannot escape if you are sentenced to death with a reprieve.

But this is a special situation. Since Su Bai has accepted this case, he has a certain understanding of the legal situation.

Intentional homicide?

It is certain to refute this crime charged by the prosecution.

This trial is indeed still difficult for him.

Especially in the identification of certain aspects.

This requires the determination of the collegial panel and the tendency of the collegial panel to analyze and judge the legal provisions.

but.…

Su Bai was already prepared for this. He took a deep breath and raised his head slightly to look at the presiding judge's seat.

“A good judge.”

“Our litigation application is as follows:”

“We apply to reject the prosecution’s case of intentional homicide and recommend the death penalty.”

“I believe that under the circumstances, our use of the knife to attack Li Fei and other debt collectors was a legitimate defensive act and was not an act of intentional homicide.”

“Li Fei and other debt collectors entered Chen Bin’s home and violated Chen Bin’s mother, He Lijuan. This is already an illegal act.”

“Chen Bin’s attack was based on this established factual condition, and his behavior can be regarded as a legitimate defense act.”

“Based on the above, we plead not guilty.”

“Apply to reject the prosecution’s proposal and find our party not guilty.”

When Su Bai's words fell.

At the court hearing, not only Lu An's expression was a little surprised, but even the members of the collegial panel in the presiding judge's seat were a little surprised.

Because judging from this case...

Chen Bin’s criminal facts are clear and the evidence is conclusive, and he carried out the attack with his own knife.

Chen Bin was not beaten or otherwise beaten during this process.

It was a legitimate defensive act, which puzzled other people at the trial.

Especially Lu An.…

As the person in charge of this case, Lu An has a very clear understanding of the entire case and related facts and evidence.

It constitutes a defensive act, which is too reluctant to say, and it is still a plea of not guilty.

Plea of not guilty.

This is what surprised the members of the collegial panel, because no matter how you look at it, this trial does not fall under the circumstances and scope of a not guilty plea.

Dong dong dong!

At the presiding judge's seat, Song Yuanhui banged the gavel.

“The litigation applications of all parties have now been stated. Now all parties are invited to start stating the factual basis and legal basis.”

"But first of all, I would like to ask the defense lawyer of the defendant. Is the defendant confirmed to plead not guilty?"

“Yes, the judge.”

After hearing Su Bai's answer, Song Yunhui then looked at the prosecutor.

“Now please let the prosecutor make a statement.”

"OK."

Lu An looked at Su Bai and then began to explain.

“The prosecutor does not agree with the defensive behavior proposed by the defendant.”

“The prosecutor believes that the fact that Chen Bin committed intentional homicide is conclusive and is based on oral confession and factual evidence.”

“The crime of intentional homicide is divided into various situations. Among them, from Chen Bin’s confession, his subjective psychological state at the time can be clearly understood.”

“His psychological subjective situation at the time was that he saw his mother being bullied, and he had the urge to kill. This was his primary subjective state.”

"This primary subjectivity has shown that he has the intention to kill and has acted on it."

“During this action, Chen Bin had enough time to think, and under the circumstances, Chen Bin was not attacked.”

“That is to say...”

“The situation at that time left Chen Bin with great autonomy and subjective conditions. It was his subjective wish to choose to attack with a knife, which resulted in serious injuries to Li Fei, Xu Bin and three other people. It is an established fact.”

“In this case...Chen Bin’s behavior has constituted a serious act that endangers society and caused the death of others.”

“Legitimate defense mostly refers to the outbreak of resistance during the violation, and the subjective will to stop the perpetrator, resulting in the death of the other party.”

“Only in this case can it be called self-defense, and legal liability will not be pursued.”

“A situation like Chen Bin’s does not meet the level of self-defense.”

“Prosecution for intentional homicide applies to the law. Therefore, the prosecutor applied to the court to rule that Chen Bin committed intentional homicide.”

“The prosecution has submitted relevant factual basis and evidence.”

“The prosecution’s defense is over.”

There is sufficient evidence and sufficient factual basis.

After Lu An finished his statement, he looked at Su Bai at the defendant's seat.

He really wanted to know from what perspective the other party would use to defend themselves in self-defense.

….….

at the same time.

After listening to the prosecutor’s defense, Song Yuanhui also turned his attention to the defendant’s seat.

“The prosecution has stated the relevant factual basis and evidence. Now let’s ask the defendant to start presenting.”

"Okay." Su Bai nodded slightly: "Presiding judge, first of all, before making a statement, I would like to reject one of the prosecutor's points."

“The prosecutor’s statement showed that Chen Bin’s subjective intention was to protect his mother and he had the idea of murder. Therefore, this is used to confirm that Chen Bin committed the crime intentionally.”

“From this point I would like to refute.”

"The reason is as follows. What the prosecutor said is that based on our confession, we determined that we have the tendency to intentionally kill people."

“However, based on what the prosecutor and our client said, as well as the evidence submitted by law enforcement, I did not see this piece of evidence.”

“In the interrogation process and procedures submitted by law enforcement parties.”

“Our confession is that the client took the knife to protect his mother from being humiliated.”

“Our client also explained the situation at the time and his starting point.”

“The situation at that time was that He Lijuan, Chen Bin’s mother, was being humiliated.”

“Li Fei and Xu Bing exposed their privacy and made verbal teasing, and the other forcibly tore off He Lijuan’s clothes.”

“According to the confession of our client and the evidence submitted by law enforcement, He Lijuan was wearing an off-white short-sleeved shirt at the time. At that time, Xu Bing used his right hand to pull the short sleeve of He Lijuan’s left arm to a position ten centimeters below the shoulder.”

“In this case, Chen Bin used a knife, which led to the subsequent situation.”

“But throughout the entire interrogation, our client’s confession, and other evidence and basis, it was never said that our client had the idea of killing someone at that time.”

“I don’t know where the prosecutor came from with this argument, and I also ask the prosecutor to provide relevant factual basis and evidence...”

As Lu An said, Chen Bin saw his mother being bullied at that time, so he had the idea of killing someone.

Su Bai did not see the evidence submitted by the other party.

Furthermore, he asked Chen Bin if he had ever said anything like this.

Chen Bin shook his head and said no.

So, if the prosecutor said this, it would obviously be misleading to the court's verdict.

This point must be refuted.

Facing Su Bai's question, Lu An said: "The situation at that time was obtained by law enforcement after questioning Chen Bin."

“Based on Chen Bin’s oral confession and subjective wishes.”

Inquiries from law enforcement parties?

Su Bai frowned slightly and rummaged through the relevant evidence materials, but found nothing in the interrogation confessions or related evidence.

So he spoke:

“Then please show the prosecutor the factual basis and evidence that law enforcement parties reached this conclusion based on Chen Bin’s confession and subjective wishes.”

Lv An frowned slightly at Lawyer Su's sudden seizure of this matter.

Because what he just described is indeed based on questioning a law enforcement officer.

But if he is asked to provide factual basis and evidence...

This is really not easy to come up with.

At the same time, Lu An was also upset in his heart as to why he said such a thing.

As a result, Su Bai seized on the loopholes in his language and prolonged the trial.

but.…

Even though such a small loophole was caught, it did not affect the subsequent outcome of the trial.

It's just a little troublesome.

Facing Lu An's silence, Su Bai knew in his heart that this trial was aimed at not supporting the prosecution's accusations, but also the subjective wishes of the presiding judge.

This is a troublesome thing.

So he continued to speak:

“Based on the evidence submitted in this case, the law enforcement side did not provide any evidence in this regard. The situation stated by the prosecutor is entirely based on the prosecutor’s personal judgment.”

“We have the right to doubt the legitimacy of this evidence.”

“If it is evidence that induces or coerces our client, it is illegal evidence and we have the right to reject it.”

“Presiding judge, I request our client to state the situation described by the prosecutor and verify whether the prosecutor has provided false evidence.”

At the presiding judge's seat, Song Yuanhui frowned slightly. Unexpectedly, based on the prosecutor's statement, Su Bai would directly demand proof of the legality and illegality of the evidence.

Of course, he also knew Su Bai's purpose. The first subjective reason for rejecting this kind of evidence was to determine that Chen Bin had no intention to kill.

Looking at the defendant's seat, Song Yuanhui slowly said: "Then let's ask the defendant to state whether what the prosecutor said is true."

“If it is true, what was the situation like at that time?”

Facing the presiding judge’s inquiry, Chen Bin glanced at the position of the defendant’s attorney ad litem.

Previously, Su Bai had explained to him how to answer various questions at the trial.

According to Su Bai, he only needs to answer the questions raised by the presiding judge truthfully.

Thinking of this, Chen Bin said: "Presiding Judge."

“What the prosecutor said is not true.”

“I don’t know what the prosecutor is talking about. He said I committed murder intentionally. I don’t know where this view comes from.”

“There are indeed law enforcement officers who have asked me similar questions.”

“I don’t remember the details of the question very clearly. I can probably vaguely remember that the law enforcement officer asked me why I stabbed Li Fei and Xu Bing with a knife.”

“My answer at the time was that I couldn’t watch them bullying my mother.”

“Although I’m not old enough to beat a dozen people by myself, I know that I have to protect my mother. I can’t let my mother be bullied like that by others.”

“Then the other person asked me if I wanted to kill them when I saw them bullying my mother.”

“I answered what I thought.”

“That’s probably the content, I can’t remember the details clearly.”

Song Yuanhui, as the presiding judge, continued to ask: "So, under what circumstances was it recorded? Or under what circumstances were you asked?"

"I remember that it was when I was being escorted... It should have been on the way to the police station. I was asked a few similar questions when I was detained, but no notes were taken at that time."

“Are you sure you didn’t take notes?”

Regarding the latter question, Chen Bin frowned and shook his head:

“I’m not sure because I was out on bail awaiting trial for too long. It’s been several months now and I don’t remember it very clearly.”

　　咚咚!

"OK."

After listening to Chen Bin's answer, Song Yuanhui banged the gavel and briefly organized the case.

After taking a deep breath.

Looking inadvertently towards the seat of the defendant's litigation attorney.

If another lawyer were to defend Chen Bin in this case.

Perhaps the court hearing will go relatively smoothly.

But facing Su Bai as the litigation agent of the defendant.

To be honest, there are still some troubles in advancing this case further.