As a Lawyer, You Sent the Judge In?
Chapter 248: Love and law? Su Bai: I want it all!
Chapter 248 Love and Law? Su Bai: I want it all!
At the court hearing.
Presiding judge Qin Yong frowned slightly after listening to Su Bai's statement.
Be brave when it comes to justice.…
This point was indeed not raised by the prosecution at the trial.
The defendant raised this point based on established facts.
It is only in the court hearing, and no judgment has been made yet.
Following that, Qin Yong looked at the prosecutor.
The determination of this aspect is a discussion between the prosecution, that is, the public prosecutor and the defendant.
Qin Yong said: "Please ask the prosecutor to respond."
Hearing what the presiding judge said, Tang Liang nodded slightly: "Okay, presiding judge."
Then he continued to speak.
“President, we do not agree with the defendant’s point of view.”
“The specific points are as follows:”
“First point: In the cross-examination session just now, it was obvious through questioning that Guang Youzhi had admitted his crime and formed a complete chain of evidence, accompanied by the subjective intention of deliberately injuring others.”
“Second point: Acts of bravery and intentional harm do not conflict, and there is no specific relationship between the two.”
“In other words, even if Guang You is ambitious and courageous, but he causes harm to Wang Qiang, and it is substantial harm, it is also intentional harm.”
“It is wrong to ignore his own intentional harmful behavior because of his courageous behavior.”
“Third: Whether Guang Youzhi is a brave act needs to be determined.”
“The above is our point of view.”
“Based on the above three points, the prosecutor does not agree with the views stated by the lawyer appointed by the defendant.”
“Presiding judge, the prosecution has finished its statement.”
Tang Liang’s statement is also very simple, that is—
Be brave enough to do what is right, but intentional injury is caused by facts, and the injury is also a fact, and cannot be generalized.
And being ambitious, whether it is an act of bravery and justice remains to be determined.
The above is the point of view stated by Tang Liang.
Facing the above points, Su Bai opened his mouth to refute.
The first point of rebuttal is whether Cong Guang is ambitious and acts bravely.
Just now he has stated what constitutes a heroic act.
The components of courageous behavior are relatively simple.
So Su Bai directly applied to the court to determine whether Guang Youzhi acted bravely.
“Presiding judge, we do not agree with the prosecution’s determination of our side.”
“As for the third point, based on the evidence provided by the relevant law enforcement parties and the confession of the woman who was bullied by Wang Qiang, we obviously acted bravely.”
“I apply for a judgment on the conduct of our client Guang Youzhi at that time.”
“After the judgment is concluded...the trial will continue with respect to other circumstances of this case.”
Qin Yong agreed with Su Bai's statement, looked through the relevant materials, and then asked Guang Youzhi a few questions.
“I would like to ask the defendant Guang Youzhi, what was your immediate reaction when you saw Wang Qiang bullying the girl?”
Guang Youzhi replied: "Presiding judge, I didn't think too much about anything at the first time. All I thought about was helping that girl."
“I don’t want him to be bullied by others.”
"Then for what purpose do you want to help this girl?"
“The purpose at the time was very simple. At that time, I saw Wang Qiang pulling the girl. The girl was full of reluctance, but he still wanted to pull her into the car.”
“The first thing I thought was that Wang Qiang was bullying people, so I went up and took action. If I were to talk about the purpose, I think the purpose might be to save people.”
“There is no other purpose...I have always seen some cases of bullying on the Internet when I was in school.
So I have been thinking in my heart, if I encounter this kind of thing, will I help others...
The psychological hint I gave myself at the time was that if I encountered it, I would definitely help others.
Because I am also worried that my relatives will encounter any danger outside in the future and others will not be willing to help. "
As a newly graduated college student, Guang Youzhi had a simple idea. When the presiding judge asked, he expressed his thoughts directly.
"OK."
After Qin Yong listened to Guang Youzhi’s answer, he already had a rough judgment in his mind.
Guang Youzhi’s behavior can indeed be called courageous and there is no problem in judging this point.
But at what point is there a problem?
The problematic point is - in this process of acting bravely.
Guang Youzhi caused Wang Qiang's serious injury. From the perspective of bravery and subjective behavior, it is legal and reasonable to judge whether Guang Youzhi caused Wang Qiang's serious injury.
This point is the most critical point in this trial.
Qin Yong has never handled this kind of case before.
But based on previous cases.
Most cases.…
If the perpetrator is seriously injured or killed during a righteous act.
Those who act bravely will be judged as intentional injury, but in terms of sentencing, a discretionary decision will be made.
It’s just that in this trial, Su Bai defended not guilty.
Qin Yong was curious about the angle from which the lawyer appointed by the defendant would judge the innocence.
The gavel struck.
Qin Yong spoke: "It is aimed at the defendant's behavior of Guang Youzhi."
“The court determined that Guang Youzhi’s behavior was courageous.”
“Do the parties have any other objections?”
When Wang Qiang heard the presiding judge's decision, he turned to look at his client lawyer, Zhang Shuo.
“Lawyer Zhang...Will the presiding judge’s decision affect the final judgment of the trial?”
Zhang Shuo nodded: "If we take into account the courageous behavior, it will affect the final judgment of the trial, and the sentence may be reduced or something."
“Reducing the sentence?”
Wang Qiang’s expression changed slightly. Reducing the sentence would definitely not work!
"Lawyer Zhang...didn't you tell me before that you can prevent the other party from judging it as a righteous act of bravery?"
Zhang Shuo nodded slightly: "You can prevent the other party from being judged as a righteous act of bravery, but the premise is that the woman you attracted at the beginning has a special relationship with you, for example, you two know each other."
"I remember I told you about this in advance..." "What's more important is that the law enforcement authorities have already registered the case. Unless the woman changes her confession, there is no chance..."
“The courageous act of justice determined in this court hearing cannot be changed.”
“Don’t think about it anymore.”
Zhang Shuo's last words destroyed Wang Qiang's thoughts.
Wang Qiang nodded silently and said nothing more.
There is no objection from all parties.
At the trial bench, the presiding judge Qin Yong once again gave a brief summary.
There are two most critical points in this court hearing.
First: Is there any specific connection between Guang Youzhi’s brave behavior and the harm to Wang Qiang?
Second: Whether the act of bravery and intentional injury should bear relevant responsibilities respectively.
Only these two key points are needed to complete the defense.
So, this trial can roughly determine whether Guang Youzhi is guilty or not.
Thinking of this, Qin Yong, as the presiding judge, said: "It has now been determined that Guang Youzhi's behavior at the time was an act of courage and justice."
“The prosecutor determined that Guang Youzhi caused serious injuries to Wang Qiang in this case in his brave behavior, which was intentional injury.”
“And stated Guang Zhiyou’s subjective intention to cause intentional harm.”
“Can the prosecutor provide a detailed explanation on this point?”
“The chief judge who can.”
Tang Liang nodded and continued: "The presiding judge judged that Guang Youzhi acted bravely for justice. On this point, I have no objection."
"but."
“Guang Youzhi’s behavior of helping others is an act of bravery, and in civil terms, its nature is an unreasonable management behavior that involves illegal infringement of others and takes risks.”
“From a criminal point of view, Guang Youzhi’s courageous behavior during this process did not constitute legitimate defense or emergency avoidance.”
“Therefore, his intentional harm is established and does not disappear because of his righteous and courageous behavior.”
“Although I understand very well in this regard why Guang Youzhi was prosecuted even though he had clearly acted bravely, it is not in line with the situation.”
"However, emotion and law must be separated. Guang Youzhi's behavior of causing serious injury to Wang Qiang was the result. From this aspect, Guang Youzhi committed intentional injury and caused Wang Qiang's serious injury."
“This is an established fact.”
“Just because he acted bravely does not mean that he will not be judged to have committed intentional harm.”
"If he is not judged to have intentionally caused harm because of his brave behavior, this is a blasphemy against the law and a disrespect for the law due to emotion!"
“Based on this, the prosecution insists that Guang Youzhi’s behavior was intentional harm.”
After finishing his statement, Tang Liang looked up at the presiding judge's seat and the defendant's seat.
His statement is very simple.
to be honest.
Meaning that he also agrees that Guang Youzhi is a brave person.
But what about acting bravely?
Being brave is acting bravely, and intentional harm is intentional harm. There must be a separation between the two.
From Tang Liang’s statement, it is not difficult to see that his point of view is to act bravely and not to pay for intentional harm.
In other words...your brave behavior caused harm to the perpetrator, and the harm was substantial.
With this kind of substantive result, then you are equivalent to saying that you committed a crime intentionally.
In this regard, the situation and law are also explained.
Tsk tsk.…
After hearing Tang Liang's statement, Su Bai raised his head slightly and glanced at Tang Liang.
Is Tang Liang right?
right!
But in this case, he did not agree.
So he retorted: "I would like to ask the prosecutor, how can you determine that Guang Youzhi's brave behavior and intentional injury are separate?"
“A courageous act of righteousness...from the perspective of the beginning.”
“What is it?”
“This is to stop Wang Qiang’s illegal infringement!”
“Is there any problem with this?”
Tang Liang: “There is no problem.”
“So while blocking Wang Qiang’s illegal infringement, did Wang Qiang fight back?”
"Yes."
“After Wang Qiang counterattacked, what formed between the two of them?”
“Did the two people get into a situation where they started fighting each other?”
“During this process, what we have always discussed is the subjective behavior of our client at that time.”
“What are the facts stated by the prosecutor? The facts stated by the prosecutor are a civil issue for us.”
“But in this case, what should be stated is the criminal aspect, so the discussion must be based on the subjective purpose from the beginning.”
“Our initial view was that it was an act of courage to stop Wang Qiang’s illegal infringement, but Wang Qiang later resisted.”
“Wang Qiang’s rebellious behavior was because his illegal infringement was not carried out and was blocked. He was blocked by our client, and he became angry and carried out an attack.”
“This kind of attack is obviously a deliberate attack on our client.”
“During this process, we fought back and caused serious injuries to the opponent.”
“To make it lose the ability to unlawfully infringe.”
“This is the point we want to express.”
“Once again, we emphasize that this was not intentional on our part, we were just acting bravely to stop the other party’s illegal infringement.”
“Presiding judge, we have finished our statement.”
Su Bai’s stated views are opposite to Tang Liang’s stated views.
Tang Liang believes that there is no relationship between the two.
However, Su Bai determined that there was a corresponding relationship between the two by describing the process.
That is, Guang Youzhi’s behavior at that time did not constitute intentional harm.
Tang Liang’s stated view is that Guang Youzhi’s actions were motivated but not supported by law.
Su Bai:? ? ?
You take a look at my point of view above, it is sentimental but not supported by law.?
The views I stated are supported by reason and are supported by law.
Only children make choices, I want both!
PS: Please give me a monthly ticket~
(End of this chapter)
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