As a Lawyer, You Sent the Judge In?

Chapter 192 Dispute in the collegial bench, presiding judge: Do you want to send me in? !

 The adjournment stage.

 At the court hearing, at the prosecutor's seat, Lu An let out a long sigh.

 Looking quietly at the litigation materials in front of him.

Zhang Meng on the side rubbed his eyebrows and said helplessly: "The other party's litigation attorney"

 “The level is very high.”

 Lu An nodded heavily.

"indeed."

“Originally, the collegial panel was about to determine Chen Bin’s intentional crime, but was abruptly stopped.”

“The other party raised objections and also provided legal basis.”

“I don’t know how the members of the collegial panel will decide next. It’s a bit troublesome.”

"Um"

 Zhang Meng shifted his gaze to the seat of the defendant's litigation attorney, rubbed his temples again, and said nothing.

.

 ….…

 While in the adjournment stage.

Luo Daxiang in the live broadcast room.

Taking advantage of the adjournment of the court, Luo Daxiang and the fans in the live broadcast room briefly explained the legal interpretation and defense techniques of the trial just now.

ˆ Su Bai already made it very clear at the trial regarding the relevant content.

 So Luo Daxiang only made simple supplements to the defense at the trial.

.

 ….….

 In the collegial court discussion room.

This time, the three court judges in the Chen Bin case sat opposite each other.

Song Yuanhui put the litigation materials in his hand on the table, frowned, and said seriously and helplessly:

 “This trial defense is a bit tricky!”

“Originally, our collegial panel has studied this case. You two have no objection to Chen Bin committing intentional homicide, right?”

“But now the defendant’s litigation attorney has raised the point of self-defense and provided the corresponding legal basis.”

“When I made the judgment just now, I encountered objections on the spot.”

 “Forced to adjourn.”

“This time the court is adjourned, I just want to ask you two what you think about the defendant’s litigation attorney’s suggestion that Chen Bin was not intentional homicide, but an act of self-defense.”

Song Yuanhui finished a few sentences in one breath.

Meng Hao, who was sitting opposite Song Yuanhui, picked up the litigation materials on the table and flipped through two pages:

“According to the legal interpretation of criminal intent in criminal law, there is nothing wrong with what the defendant said.”

“What we initially focused on was that Chen Bin used a knife to kill people in this case and took the initiative to use the knife to judge Chen Bin’s subjective will.”

“Now... I think we need to think differently.”

 Shi Jiaming: "Huh? What should I think about it?"

 “There is no need to change your mind at all.”

“Chen Bin killed two people and seriously injured three others!”

“And he personally admitted that at the beginning, he had the idea of ​​killing someone!”

“Wouldn’t it be better to make a judgment directly based on this point? The case itself is either too troublesome, or the defendant’s lawyer is subjective about some details and comes up with such legal regulations to defend.”

“I think the other party obviously intends to delay the trial.”

 “It can be determined directly.”

“Before the trial, we have already made a general judgment on the case. I think we should stick to what we discussed before.”

Shi Jiaming refuted Meng Hao’s statement.

 Requires direct judgment.

 After listening to Shi Jiaming’s statement, Song Yuanhui said:? ? ?

Who are you cheating on?

  What case do you think you are trying?

The heat of this trial is huge!

 If it is really judged according to what Shi Jiaming said.

His sentence was like this in the morning, it was on trending searches in the afternoon, and he was taken away in the evening.

Don’t even think about spending a night at home today!

Song Yuanhui ignored Shi Jiaming's words and asked instead:

“What if during the discussion in the collegial bench you state that you insist on making this judgment, I will make this judgment?”

 Shi Jiaming: .….

 During the deliberations of the collegial panel, if he insists on doing this... he will bear all the consequences.

Shi Jiaming smiled: "Forget it, that's what I said, just kidding."

“We must make judgments in accordance with the law.”

Song Yuanhui ignored Shi Jiaming’s joke and looked at Meng Hao instead:

“You said to think differently, what kind of thinking do you mean?”

 “Should we consider it from the perspective of self-defense?”

"Um!"

Meng Hao nodded seriously: "What I mean is that we don't necessarily have to interpret it from the perspective of Chen Bin deliberately committing a crime."

"after all."

“Based on the current trial situation, the statements made by the defendant’s lawyers have legal basis.”

“The prosecution’s accusation seems a bit weak.”

"Um!"

 “I understand, let’s wait for the court session.”

 After listening to Meng Hao's general explanation, Song Yuanhui put away the litigation materials and nodded.

.

 ….….

 Soon, the court recess ended.

 As the clerk called for the court to reopen, three members of the collegial panel walked up to the hearing table.

 Sit down.

 Based on the compilation of the defense contents of Su Bai and the prosecutor during the adjournment.

Song Yuanhui banged the gavel: "The adjournment is over."

“The trial of Chen Bin’s case will now continue.”

“The defendant believes that Chen Bin performed the function of self-defense in this case. Does the prosecutor have anything to say about this?”

 During the adjournment stage.

Lu An and Zhang Meng have already sorted out their pleas for the next trial.

Facing Song Yuanhui's question, Lu An took a deep breath and said: "The prosecution did not agree with the defendant's statement that Chen Bin was performing the function of self-defense."

"first."

“The defendant has no evidence to prove that Chen Bin’s subjective intention to attack Li Fei, Xu Bing and others with a knife was not an intentional crime.”

 “The client’s confession.”

“It is not enough to form a chain of evidence.” “According to Chen Bin’s previous oral statement, his subjective judgment can be made based on specific scenes and facts.”

“Secondly, the client of the defendant raised the issue of self-defense...”

“The prosecution does not agree with this point.”

“….According to Article 20 of the Criminal Law, the explanation of self-defense:”

"In order to protect the country, the public interest, the person, property and other rights of oneself or others from ongoing illegal infringement, actions taken to stop the illegal infringement and cause damage to the illegal infringer shall constitute legitimate defense and shall not be liable for criminal offenses. responsibility."

“Within the understanding and application of this criminal law.”

“There is this point: it shows that the implementation of legitimate defense is to stop the illegal intruder and the illegal intruder’s behavior, and it is a defensive behavior exercised to safeguard the legitimate rights and interests protected by law.”

 “When Chen Bin committed a criminal act.”

“Li Fei, Xu Bing and others did not commit any illegal acts against Chen Bin.”

 “What was Chen Bin doing at that time?”

“Chen Bin was standing in the corner of the room at that time. No one did any harm to Chen Bin. At the same time, although Li Fei, Xu Bing and others were verbally harassing Chen Bin’s mother He Lijuan.”

“However, throughout this process, He Lijuan’s legal rights were not infringed upon.”

“Chen Bin’s aggressive behavior is completely inappropriate to use self-defense to explain.”

Su Bai: “???”

 What does this say?

 If there is an infringement, it is an infringement. If there is no infringement, there is no infringement. What does it mean that there is no excessive infringement on He Lijuan's legal rights?

besides.

 When you talk about the process, you make it clear what happened!

Facing Lu An’s statement, Su Bai directly refuted: “We believe that the prosecution’s statement is incomplete.”

“First of all, Chen Bin was standing in the corner of the room at that time.”

“We will not refute this point.”

 “But what is the specific process?”

“The specific process is that after Chen Bin made the call to the police, law enforcement came over to check the scene at the time.”

  “Failed to mediate the conflicts between the two parties.”

“But I simply warned Li Fei, Xu Bing and others not to cause any other trouble. The general meaning is not to go too far.”

 “Then he left the scene.”

“What did Li Fei and Xu Bing do after the law enforcement officers left the scene?”

“According to the detailed oral control, the law enforcement officers left, and the violations by Li Fei, Xu Bing and others escalated again.”

“Originally, Li Fei, Xu Bing and others only verbally insulted He Lijuan, but after the law enforcement officers left, it escalated to behavioral harassment.”

  “According to the law, the identification of legitimate rights and interests.”

“Legitimate rights and interests not only refer to life and health, personal safety, but also personal freedom, personal dignity, etc.”

"Li Fei, Xu Bing and others verbally insulted He Lijuan at the beginning, but after the law enforcement officers left, they became even more arrogant, further forcing He Lijuan's personal freedom, insulting her personal dignity, and even There will be personal health damage later.”

"According to the prosecutor's statement, although Li Fei and others did not harm Chen Bin, when Chen Bin took the knife to stop him, the first thing he did was to prevent Li Fei, Xu Bing and others from committing illegal acts against He Lijuan. ”

“Second: When Chen Bin tried to stop Li Fei, Xu Bing and others from committing illegal acts, Li Fei, Xu Bing and others did not care at all and continued to commit illegal acts.”

“That’s why Chen Bin continued to defend himself.”

“Imagine that in that scene, Chen Bin’s mother was being violated. He stepped forward to stop her, but the other party did not stop and continued to violate her.”

“This infringement is not against life and health, but against the legitimate rights and interests of personal freedom and personal dignity.”

“In the process of continuing the violation, Chen Bin carried out his defensive behavior.”

"Is there a problem?"

“Legitimate rights and interests do not only refer to the right to life and health.”

“At the same time, restricting personal freedom and personal dignity is also an illegal infringement.”

“In addition, based on this point, I would like to make a brief statement on Chen Bin’s subjective behavior.”

“When Chen Bin had the intention to kill, the law enforcement officers had not yet come.”

“During this period, Chen Bin contacted relevant law enforcement officials to resolve the problem.”

“Then it means that although he had this idea, the first solution he thought of was to seek help from law enforcement officials.”

“This is his true purpose, so this also rejects the prosecution’s statement that Chen Bin only had a confession and no other evidence or factual basis.”

“Based on the above, we believe that Chen Bin’s behavior was an act of self-defense.”

Su Bai finished his statement and simply collected the information.

 At the court hearing table.

Song Yuanhui summarized the statements of the prosecutor and Su Bai.

 First of all, from the perspective of the prosecutor’s statement, the prosecutor believed that Chen Bin did not fall into the category of self-defense.

 Because Li Fei and others did not commit any illegal harm to Chen Bin at that time.

This illegal infringement mainly targets the personal safety of Chen Bin and He Lijuan.

 And Chen Bin’s confession is not enough to form a chain of evidence to refute Chen Bin, and there is no subjective intention to intentionally kill.

  But relatively speaking.

Su Bai’s rebuttal was even sharper.

Su Bai’s rebuttal mainly focused on legitimate rights and interests.

  The legitimate rights and interests described by Lu An refer solely to personal safety.

As for Su Bai, he suffered humiliation from He Lijuan and was disgusted by the dirty words.

And faced with the pull of Li Fei and Xu Bing to expose their privacy, they had to defend their legitimate rights and interests based on personal freedom and dignity.

 The more important point is that Chen Bin reported to the police.

In other words, Chen Bin still called the police after his mother was insulted with murderous intent.

 From this point, Chen Bin’s subjective intention can be judged.

Why?

 Because there is no one who wants to kill someone but calls the police?

That is to say, this point refutes the only oral evidence presented by the prosecution.

 After listening to the arguments of both parties and summarizing them.

Song Yuanhui had the idea of ​​​​judgment in his mind.

but.…

 In the statements of both parties, there is also an important factor involved.

 That’s law enforcement officers.…

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)