As a Lawyer, You Sent the Judge In?

Chapter 191 Refuting the Judgment! Raise objections!

 There are many people paying attention to Chen Bin’s case.

 Song Yuanhui’s consideration is very good.

 At present, people are only watching through the court hearing live broadcast network.

  alone has reached nearly 200,000 visitors.

 This is the traffic volume just half an hour after the court session.

Those who pass through the live broadcast room of the legal commentator add up to more traffic.

 If the verdict is not good...

So, for him, the main judge, it will definitely have a certain impact.

.

 ….…

at the same time.

In Luo Daxiang's live broadcast room of the legal commentary, many people were watching the content of the court trial.

 The comment section is also very interesting.

“Lawyer Su, as expected of Lawyer Su, he always pleads not guilty!”

“I have to say that I support Chen Bin in this case because the situation faced by Chen Bin is too extreme.”

“In other words, who could have endured the situation?”

"If it were me, I definitely wouldn't be able to stand it. This is obviously self-defense!"

 “Nothing wrong!”

"To be honest, everyone may encounter this situation. If Chen Bin really loses the case, I have no objection, but... I am still a little uncomfortable psychologically."

 “Hmm! But is there a change in this case?”

“We saw that Lawyer Su just rebutted the evidence presented by the prosecution. Can anyone tell me what this evidence is about?”

“Could it be that the law enforcement side is suspected of fabricating evidence?”

ˆ “.…”

 “Don’t say this nonsense!”

.

 ….

 Luo Daxiang saw the discussion about this evidence in the comment area and explained with a smile.

“This evidence was not submitted to the court and is not suspected of being false evidence.”

“It’s just that the prosecutor raised this matter...Lawyer Su refuted this point.”

“However... this also denies the prosecutor’s suggestion about Chen Bin’s subjective will.”

“So the main point of defense at present is to make a rough judgment on the subjectivity of Chen Bin when he used a knife to attack Li Fei, Xu Bing and others.”

“However, since Chen Bin personally admitted that he had thoughts of killing, it is still more troublesome to deny the subjectivity of intentional homicide.”

“To be honest, I haven’t understood this case in depth, and I don’t know much about the specific circumstances.”

“But as the top criminal lawyers in the country, the defendant’s lawyer should take some measures in this regard.”

“Let’s continue watching. The next defense in this trial should be quite exciting.”

Luo Daxiang smiled and spoke, and the people in the live broadcast room turned their attention back to the court hearing.

.

 ….

 At the court hearing.

Song Yuanhui banged the gavel after listening to the statement of the party involved, Chen Bin.

“As pointed out by the prosecutor, Chen Bin’s criminal intention was that he saw extreme situations, so he had the idea of ​​​​murder.”

 “Chen Bin’s oral opinion is:”

 “In extreme circumstances, the idea of ​​killing someone arises in the mind.”

 “According to Chen Bin’s testimony in court:”

"Based on this, it can be determined that Chen Bin committed intentional homicide. Do all parties have any objections?"

  Lu An: “No objection.”

  ? ? ?

 Does this need to be said?

 There must be objections!

If this judgment is really reached, it will be basically impossible for this case to continue to be defended through defense.

Su Bai raised his hand and said, "Presiding judge, I have objections to this judgment."

 “Any objections?”

Song Yuanhui frowned slightly.

Su Bai ignored Song Yuanhui's displeasure and continued to speak:

“First of all, according to the presiding judge’s decision just now—

 Chen Bin saw his mother being humiliated and had the idea of ​​​​killing someone. Chen Bin's subjective intention was determined to be intentional homicide. "

“We do not agree with this.”

.

 …

“Why do you think it is different? State your legal basis.”

"OK!"

Su Bai said:

“According to common sense and the objective facts of the situation at the time, Chen Bin had the idea of ​​committing a crime when his mother He Lijuan was humiliated.”

“But the thought of committing a crime is not equivalent to committing a crime.”

“According to criminal law, intentional crime refers to the fact that the perpetrator knows that his criminal behavior will have consequences that will harm society during the course of committing the crime.”

 “The focus of intentional crimes is the perpetrator. In the course of committing the crime.”

“So, did Chen Bin have the idea of ​​​​murdering during the course of committing the crime?”

  “Not really.”

“Chen Bin had the desire to kill when he saw his mother being humiliated. At this time, he had not yet committed any criminal act.”

"How to judge the intentionality of the perpetrator is a very complex issue, and the principle of subjective and objective consistency must be adhered to."

“It is necessary to consider not only the cognitive ability of the perpetrator, but also the objective environment at the time of the crime and the entire process of the crime.”

“So we believe that just because he said he had the idea of ​​killing someone, we can conclude that Chen Bin’s subjective intention was to kill someone when he was holding a knife.”

 “Too arbitrary and without any legal basis.”

 “Think about what happened during the crime.”

“Chen Bin’s mother was being bullied at the time. Chen Bin was standing in the room with several other people staring at him.”

 “In this case, Chen Bin’s mother is the victim, so is Chen Bin the victim?”

“We believe that Chen Bin’s subjective intention should be considered during Chen Bin’s behavior while holding the knife.”

“Instead of Chen Bin having the intention to kill at the beginning, it is subjective to determine that Chen Bin had the intention to kill.”

“So for the judgment just now, we think it is completely an error in the application of the law!”

“I would like to ask the members of the collegial panel to take this factor into consideration before continuing to determine whether Chen Bin committed an intentional crime and the circumstances of intentional homicide.”

“If the members of the collegial panel can provide legal facts or basis to make a judgment on this, we are willing to listen to the legal explanations of the collegial panel members.”

　　　…

 At the judgment seat.

Presiding Judge Song Yuanhui silently looked to his left and right, while the other two judges glanced at him.

 Notice the serious faces of the other two judges.

Although I was angry at Su Bai's questioning in court.

 But what they say is reasonable!

According to the legal interpretation stated by Su Bai, the judgment he just made is indeed somewhat untenable.

 Intentional crime occurs when the perpetrator commits the crime, rather than based on his or her mental state.

 Since Su Bai raised such an objection.

  And put forward the relevant legal basis.

 So according to the procedure, such a judgment must be rejected and a new judgment must be made.

　　咚咚! The gavel struck.

“The defendant objected to this judgment and provided relevant legal basis. The court accepted the defendant’s objection.”

“Then the defendant believes that Chen Bin’s subjective intention was when he was holding the knife and going to get it?”

“Please ask the defendant’s attorney to make relevant statements about Chen Bin’s subjective intentions.”

 “A good judge.”

Facing the presiding judge's question, Su Bai nodded slightly and said, "Presiding judge, regarding Chen Bin's subjective intentions."

“I would like to ask Chen Bin to answer a few questions in court.”

"application passed."

 “Okay, thank you, presiding judge.”

After getting the consent of the presiding judge, Su Bai looked at Chen Bin and asked:

“Chen Bin, what were you thinking when you stabbed Li Fei and Xu Bing with a knife?”

“What I’m thinking about is that I can’t let them bully my family.”

“So the moment before you took the knife, did you want to kill them?”

"I don't.…"

“I only saw that the other party was very arrogant and his body movements were very bad.”

“Then another thing is when I see the other person pulling my family members, I can’t control it.”

 “I can’t accept anyone bullying my family.”

“Then when did you have the idea of ​​killing them?”

“When they went too far, my emotions became so intense that I couldn’t control them.”

“I heard my family calling my name constantly, and at that time I had this impulse and idea in my heart.”

“I really hated that I had no ability to resist at that time. I saw my family members being bullied by others, and I felt very uncomfortable.”

“Yes, my family borrowed money and should pay it back, but don’t they know their interest rates?”

“We have only borrowed it for a month, and the interest has almost doubled!”

 “They are looking for so many people to collect debts, why don’t they want to speak up?”

“We haven’t reached the repayment date yet. Why don’t they listen to our explanation and force us to pay back the money?”

“They just think we can’t get the money, so they want to force us to sell off our assets!”

 “But we never said we wouldn’t pay back the money!”

 “Why do you want to insult my family?”

“My family is so old, why should I be insulted by them?”

 Chen Bin became more and more excited as he talked, and his emotions were out of control.

　　咚咚!

Song Yuanhui banged the gavel, and Chen Bin calmed down.

Su Bai continued to ask:

“When you saw your family member He Lijuan being humiliated, you had crazy thoughts. Why didn’t you take action immediately?”

 “I don’t dare...I’m afraid.”

 “Okay, thank you for your cooperation.”

After asking the question, Su Bai turned to look at the presiding judge's seat: "Chen Bin has made it very clear."

“His subjective intention at the time was to protect his mother, He Lijuan.”

 “Instead of the so-called killing in anger.”

“The use of knives led to the deaths of Li Fei and Xu Bing, which was not the result Chen Bin wanted to see.”

“According to the explanation of intentional crime, although Chen Bin had such an idea, in fact, Chen Bin was afraid in his heart at the time.”

“When committing a criminal act, there is no hope or laissez-faire attitude towards the occurrence of harmful consequences.”

“According to this point, Chen Bin’s behavior does not constitute criminal intention in criminal law.”

“So we believe that under the circumstances, what Chen Bin did was just a defensive act to protect his mother.”

“We applied for members of the collegial panel to make a subjective judgment on Chen Bin’s behavior at the time.”

“Presiding judge, we have finished our statement.”

After Su Bai finished his statement, Song Yuanhui frowned slightly at the presiding judge's seat.

 In fact, he did not expect that Su Bai would plead not guilty.

 After all, this case resulted in two deaths and three serious injuries!

 And it was Chen Bin who took the initiative to commit crimes with a knife.

 He thought that Su Bai might make a defense to reduce the sentence.

For example, contesting sentences of life imprisonment and suspended death.

 This is different from his determination of this case.

but!

 The point is that what Su Bai said was based on legal basis and factual evidence.

 Even if it is different from what he thinks.

 But for Song Yuanhui, the most important thing about a case is to judge it based on legal basis and facts.

 He cannot make random judgments...

 Faced with Su Bai's application.

Song Yuanhui looked at the other two members of the collegial panel, Shi Jiaming and Meng Hao.

 Shi Jiaming and Meng Hao both shook their heads slightly.

 Faced with this situation, they were a little surprised and needed further discussions before they could make a decision.

　　咚咚!

Song Yuanhui sorted out the litigation materials and banged the gavel: "Now the court will adjourn."

“The trial will continue in half an hour.”

ˆ With the members of the collegial panel, they stood up and left the court hearing.

Su Bai was stunned for a moment...

  Adjourn the court...?

  Is this the legal basis stated by the members of the collegial panel and themselves? Are their opinions inconsistent?

 So we will discuss it after the court adjournment?

　　　…

 If this is really the case, then this case may be even more difficult to fight later.

　To the following reply.…

Then it depends on the preference of the collegial panel members…

But this is not a big problem.

 If the judgment result and the facts are too biased.

Let’s not talk about hot searches, the Beidu Supervision and Review Department, he had already asked Li Xuezhen to explore the way.

　　When the time comes to go to the Supervision and Review Department in Beidu, won’t you be familiar with it?

 PS: Please give me a monthly ticket~

 Wish everyone a happy Chinese Valentine's Day~

 (End of this chapter)