As a Lawyer, You Sent the Judge In?

Chapter 194: The other party illegally invaded my home. I acted in self-defense and returned

Chapter 194: The other party illegally invaded my home. I was in self-defense. Are there any problems?

The biggest difference between legitimate defense and excessive defense is the limit of defense.

The issue of the limits of defense.

Probably it means the consequences of the unlawful harm done to you by the violent party.

And the consequences of your defensive behavior towards the abuser.

Comparing the two, is there any obvious asymmetry?

For example, the other person only verbally humiliated you and only slightly pushed you, but you stabbed the person with your backhand, causing serious injury or death to the other person.

In this process, even if you are acting defensively.

But he will also be sentenced for excessive defense.

Because the other person's slight push does not pose much of a threat to you, but it is your defensive behavior that causes great harm to others.

Apparently it exceeds the necessary limit.

Exceeding the necessary limit is excessive defense, not legitimate defense.

The statement was completed in Luan.

Song Yuanhui briefly summarized the relevant circumstances stated by Lu An at the trial table.

“The prosecution has finished stating the corresponding situation.”

“Invite the defendant’s litigation attorney to make a statement.”

“A good judge.”

The issue of limits.

Su Bai also knew that at this point, it would be more troublesome to plead.

Mainly depends on the presiding judge’s opinion of the case and the illegal infringement.

The determination of illegal infringements on mental and personal freedom and dignity.

According to previous judgments, Chen Bin is likely to be judged as an excessive defense.

Furthermore, there is absolutely no problem with the connection between legitimate defense and excessive defense stated by Lu An.

If the presiding judge makes the judgment from this perspective, then Chen Bin's sentence may be relatively severe.

Hence, Su Bai’s reply needs to be based on an understanding of self-defense.

And describe how to slow down and reduce the sentence of Chen Bin if the presiding judge really stands from Lu An's perspective.

to be honest.

The next statement is that even if Chen Bin cannot achieve legitimate defense, the sentence for excessive defense must be reduced as much as possible.

Clear this idea.

Su Bai lowered his head and pulled out the litigation materials and began to state: "Presiding judge."

“We do not agree with the prosecutor’s point of view.”

“The following is our relevant response to this case:”

“First of all, look at the case as a whole.”

“During the entire process of the case, Chen Bin’s defensive behavior was caused by the step-by-step escalation of illegal infringement.”

“At the point in time when the case first occurred.”

“Li Fei and others only made verbal threats and insults, but later they escalated to actions.”

“In the process of behavioral harm, He Lijuan suffered many kinds of illegal infringements.”

“Including but not limited to verbal insults.”

"Even...the illegal personnel who broke into He Lijuan's home also performed physical actions."

“In the midst of the continuous escalation and increase of this illegal infringement.”

“If Chen Bin’s defensive behavior had not been used, would the subsequent impact have been greater?”

“Li Fei, Xu Bing and others verbally insulted He Lijuan and took substantive actions. Will they continue to infringe in the next step?”

“I would like to ask the members of the collegial panel to take this factor into consideration.”

"in addition."

“Through the behavior of Li Fei, Xu Bing and others at Chen Bin’s house, according to the evidence provided, it is obvious that the other party’s debt collection behavior is obvious.

It has gone beyond an ordinary crime and not a minor insult as described by the prosecutor. "

“These points need to be taken into consideration.”

“Furthermore, the most important point in this case is that Li Fei and others illegally invaded Chen Bin’s home.

Insulting Chen Bin and He Lijuan and restricting their personal freedom. "

“It is equivalent to saying that Li Fei, Xu Bin and others illegally broke into the homes of Chen Bin and He Lijuan and committed crimes.”

“Chen Bin and He Lijuan have the right to take defensive actions against the illegal intrusion of Li Fei and others.”

“According to Article 245 of the Criminal Code, the crime of illegal intrusion into a residence.”

“Refers to the act of illegally forcibly breaking into another person’s house, or failing to exit the other person’s house without any reason after being asked to do so.”

“The subject condition of this crime is that the responsible person has reached the age of criminal responsibility and has the ability to bear criminal responsibility, and the objective condition is that it is illegal.”

“Li Fei, Xu Bing and others met the above two conditions, which constituted the crime of illegal intrusion into a residence.”

“That is, throughout the entire process of the incident, Li Fei, Xu Bing and others were in a situation of illegal trespassing.”

“In this case, the behavior performed by Chen Bin should be a defensive behavior, and due to the further escalation of the other party’s illegal infringement, it is impossible to predict what will happen next.”

“Under this specific situation, we believe that Chen Bin’s defensive behavior should fall within the category of legitimate defense.”

The main factor in determining legitimate defense and excessive defense is limitation.

But

Li Fei, Xu Bing and others are illegally trespassing into the house!

And accompanied by the commission of a crime!

In this case, how should the issue of limits be determined?

Even if Lu An accuses Chen Bin, it exceeds the limit of defense.

But can he refute the illegal intrusion into a residence accompanied by criminal circumstances?

Definitely not!

In defensive behavior, can this factor not be taken into consideration?

Definitely not!

The illegal intrusion by Li Fei, Xu Bing and others was an illegal act in the first place. In the process, they encountered unexpected situations.

How should it be determined?

One more point is the consideration of other factors.

Li Fei, Xu Bing and others were involved in the illegal invasion, and there were more than a dozen people on one side, including more than a dozen adult male debt collectors, and on the other side a mother and son.

In this situation.

Generally speaking, the presiding judge will take this environmental scenario into consideration.

To make corresponding judgments on defensive behavior and prison terms.

….

At the presiding judge's seat, after listening to Su Bai's statement, Song Yuanhui recorded the key information.

“Prosecutor, please make your statement.”

"Okay." Lu An understood what Su Bai's objection was.

Su Bai wanted Chen Bin to be judged as self-defense.

So the illegal intrusion of Li Fei, Xu Bing and others was used to assist in the situation of legitimate defense.

Lu An had no objection to the fact that Li Fei, Xu Bing and others had illegally invaded.

It should also be considered in defensive behavior.

Lv An could not refute this point.

But the reality is that illegal intrusion is a criminal charge against Li Fei, Xu Bing and others.

There is no specific causal relationship between legitimate defense and excessive defense.

to be honest.

The most important issue between legitimate defense and excessive defense is the issue of limits. Xu Bing and Li Fei’s illegal intrusion does not mean that it will be deemed excessive defense.

According to this point, Lu An made a statement.

“Presiding judge, Li Fei, Xu Bing and others have committed illegal intrusion as stated by the defendant’s litigation attorney.”

“We will not make any rebuttal.”

“However, legitimate defense and excessive defense are determined by specific limits. We still insist that Chen Bin’s defensive behavior clearly exceeded the necessary limits and constituted excessive defense.”

….

Song Yuanhui listened to Lu An's opinion and then looked at Meng Hao.

“Let’s discuss it.”

"Um.…"

On the bench, Song Yuanhui banged the gavel: "The collegial panel has heard the statements of the prosecutor and the defendant."

“The defensive behavior against Yu Chen Bin is legitimate defense and excessive defense. Do both parties have anything else to make further statements or submit factual basis?”

Su Bai: “There is nothing to continue stating.”

Lu An: “The prosecution did not.”

　　咚咚!

“Since neither party has anything to say further, the court will now adjourn.”

“The trial will continue after the court session.”

As the gavel fell, the members of the collegial panel stood up and left the courtroom seats.

Looking at the backs of the collegial panel members leaving, Su Bai breathed a sigh of relief and rubbed his brows.

This case has entered the final stage of negotiation and judgment.

Among them, the most critical issue for discussion should be the illegal invasion by Li Fei, Xu Bing and others that he raised.

If it is determined that the main fault lies with Li Fei, Xu Bing and others.

Then maybe the members of the collegial panel will pass this point, prompting Chen Bin to meet the conditions of legitimate defense.

certainly.…

Even if it is not deemed as legitimate defense, the criminal fact that Li Fei, Xu Bing and others invaded the house is established.

Taking this into consideration, members of the collegial panel will definitely reduce Chen Bin’s sentence.

….

at the same time.

Adjourned the court hearing and discussed in the room.

Song Yuanhui looked at Meng Hao, rubbed his eyebrows and complained casually:

“This case... is very hot, involves many criminal facts, and is relatively complicated. How do you think this case should be judged?”

Meng Hao frowned: "You should have made a decision on this case in your mind, right?"

“The process in which Chen Bin took the knife and caused harm to Li Fei and others was a defensive act, and this has been determined.

The most important thing is whether Chen Bin acted in legitimate defense or excessive defense. "

“The main factor in the judgment of legitimate defense and excessive defense is the limit of the result of defense.”

“There is no doubt about it.”

“I personally think that the crime should be sentenced to excessive defense, because in this case, there is an obvious factor, that is, no matter what, in the subjective minds of Li Fei and Xu Bing, the main purpose is to collect debts.”

“Although there was illegal infringement, the ultimate goal was to collect debts, and it did not cause substantial harm to He Lijuan and Chen Bin.”

“Chen Bin’s defensive behavior resulted in the deaths of two people and serious injuries to three people. Although it was subjectively defensive, the extent of the injuries clearly exceeded the necessary limit.”

“If I were to judge, I think Chen Bin should have excessive defense.”

“But it’s hard to say when it comes to the prison term... various other factors need to be taken into consideration.”

At this time, Shi Jiaming answered: "Yes, I think so too!"

“Two people were killed and three were seriously injured, which clearly exceeded the limit!”

"The right to life is paramount. In terms of prison term, I think Chen Bin should be severely sentenced for his defensive behavior."

Song Yuanhui ignored Shi Jiaming's answer and watched Meng Hao fall into silence.

After being silent for a few seconds, he spoke again:

“But have you considered another factor, that is, the illegal intrusion of Li Fei and others, involving more than a dozen people.

In this case, if Li Fei and others continue to carry out further illegal infringements, is it possible that the lives of Chen Bin and his mother He Lijuan will be in danger? "

Meng Hao nodded: "Indeed, the possibility of this happening is quite high."

“But in fact, although the illegal infringement is constantly escalating, it has not been implemented to that extent.”

“That is just a hypothetical situation, not a real situation...”

"Um!"

“Okay, I get it!”

Song Yuanhui nodded: "There is a very important opening statement later."

“Let’s wait until we hear the opening statement before making a judgment!”

"Um!"

Meng Hao agreed with Song Yuanhui's point of view.

Shi Jiaming spoke from the side and stated his point of view, but Meng Hao and Song Yuanhui ignored him.

Don’t you have an idea of how popular this case is?

Do you know what impact the previous remarks would have if they were released?