As a Lawyer, You Sent the Judge In?

Chapter 250 Questioning! defensive? You're full of nonsense, aren't you?

From the prosecutor's seat, Tang Liang's eyes fell on the defendant's seat.

 I don’t know how to refute it for a moment.

Su Bai also set his sights on the prosecutor's seat without saying a word.

 After Tang Liang was silent for nearly a minute.

Su Bai knew that Tang Liang could not and would never answer this question, so he set his sights on the presiding judge's seat.

“Presiding judge, I haven’t finished my statement yet. I wonder if I can continue to add content?”

  Qin Yong said: "You can continue to state."

"OK."

Su Bai nodded and continued: "My next statement will be analyzed based on the prosecutor's statement."

“The prosecution stated that Wang Qiang can be regarded as an act of self-defense.”

“Then I would like to ask the prosecutor, prosecutor, do you know what are the necessary conditions for self-defense?”

“One of the necessary conditions for legitimate defense is that it is at the time when the person is being unlawfully infringed, rather than anticipating being infringed or committing an attack after being infringed. It’s called self-defense.”

“During the entire incident, was Wang Qiang committing unlawful infringement or was he being unlawfully infringed?”

 “According to the prosecution.”

“Wang Qiang relied on his identity and status to bully the weak and was stopped by others. He was illegally violated, so he acted in legitimate defense, right?”

“Legitimate defense is limited, not unlimited. I don’t understand why the prosecutor stated Wang Qiang’s legitimate defense, but I would like to ask if the prosecutor can explain the above issues?”

“I would like to hear in detail how the prosecutor determined that Wang Qiang acted in self-defense.”

 Simply speaking from the division of criminal liability.

Whether Guang Youzhi’s behavior is intentional injury or self-defense needs to be judged from the first point of his behavior.

 What was the nature of his first attack on Wang Qiang?

 Courage for justice or intentional harm?

 This is really the first key.

According to what Tang Liang said, if it is judged that Guang Youzhi acted in self-defense at the first time, would Wang Qiang also be in self-defense?

 What kind of **** logic is this?

Is Wang Qiang acting in self-defense?

of course not!

 From this point we can see that the prosecution is full of nonsense!

Why? !

 From the explanation of self-defense, the specific situation can be clearly seen.

 In the legal interpretation of self-defense, there is a time limit.

 That is, the act of counterattack must be carried out in the event of unlawful infringement to be a legitimate act of self-defense.

If according to the prosecutor's statement, Wang Qiang acted in self-defense, then was Wang Qiang an act of counterattack when he was unlawfully violated?

 Judging from the overall situation, of course not!

Wang Qiang was the person who was committing the unlawful infringement at the time, not the party who was unlawfully infringed.

 There is an essential difference between the two.

Based on this point, Wang Qiang cannot be acting defensively!

also.

 If it is as stated by the prosecution, put aside the explanation of self-defense.

　That is to say, regardless of the facts, Wang Qiang was indeed acting in self-defense.

Su Bai’s questioning also started from this point.

 He didn’t know why the prosecutor would come up with such an argument, but it was a loophole.

 The prosecutor did not have a clear understanding of self-defense, and even suggested that Wang Qiang was self-defense.

Isn’t this just funny?

Let’s not give examples according to the restrictions of legitimate defense, but list Wang Qiang’s view that it is legitimate defense.

 It’s either bad or bad!

.

 ….

at the same time.

This court hearing is a live broadcast and a public hearing, and Su Bai has already asked Li Xuezhen to warm up.

There were already a lot of people paying attention to this public trial. After hearing Su Bai's series of rhetorical questions, some people immediately raised questions about the prosecutor.

"That's right! You said Wang Qiang was acting in self-defense, right? The bad guy complained first, right?"

“I was really speechless. I really didn’t understand this kind of behavior. I felt that the prosecutor was a little anxious when he asked the question. I didn’t know what he was thinking in his mind, and he blurted it out!”

"That's right! If Lawyer Su hadn't brought it up, I wouldn't have thought of it, but now that it's been brought up, what will the other party say?"

"Lawyer Su's question, he must be acquitted! He is still sentenced for being brave, right? The other party is also acting in legitimate defense, legitimate defense!"

.

 ….

 The comments during the live broadcast of the trial were very heated.

 They are all dissatisfaction with the prosecutor’s words and deeds.

Tang Liang was in a daze after hearing the question raised by Su Bai.

He just wanted to make a dialectic and said it accidentally without thinking at all...

 Now it has led to such a big problem being caught by Su Bai.

As a public prosecutor, there is no problem in testifying against the defendant, but he used the wrong legal provisions and legal interpretations...

 How should he explain this?

He could only remain silent, lowered his head silently, and looked at the litigation materials without saying a word.

He didn't know how to answer, and couldn't answer.

At the presiding judge’s seat, Qin Yong frowned after hearing Su Bai’s two questions.

There is indeed a problem with what Tang Liang just stated. He said that Wang Qiang was in legitimate defense, but legitimate defense has restrictions!

 As a public prosecutor, don’t you know this?

Qin Yong couldn't help but look up at the prosecutor's seat, feeling a little dissatisfied in his heart.

Ask: "Does the prosecutor know the limitations of self-defense?"

Facing the presiding judge's question, Tang Liang had to answer: "I know."

“Well! Since the prosecutor knows the limitations of self-defense, let’s reject the statement made by the prosecutor just now.”

“Prosecutor, do you have any comments?”

Tang Liang knew very well that he had made a big mistake just now.

 In this live and public trial, the prosecutor did not explain the legal provisions clearly and was questioned by the other party's defense lawyer.

 This is a serious dereliction of duty in the courtroom.

 The presiding judge rejected his statement without any problem.

Tang Liang lowered his head and said, "Presiding Judge, I don't have any objections."

"Um!"

 Qin Yong nodded, as long as he has no objection.

 If you have any opinions, state them in court:

As long as the defendant makes a slight rebuttal, the legal level of the prosecutor will be revealed.

This is a slap in the face of the prosecutor.

Qin Yong glanced at Tang Liang subconsciously and thought to himself: "This prosecutor's level is a bit low..."

“Even if it is to avoid one’s own responsibilities, one cannot talk nonsense in court...”

 It’s okay if the event’s impact is low, but if the event’s impact is high.

 Looking back, this trial was a serious stain on both the judges and the prosecutors.

Maybe he will be labeled with other labels and nailed to the pillar of shame in the legal profession. This is not impossible.

Qin Yong took a deep breath, ignored the prosecutor, banged the gavel, and glanced at the prosecution seat:

“Does the prosecution have anything else to add?”

 Wang Qiang heard the presiding judge's inquiry and kept hinting at Zhang Shuo.

 Speak quickly, speak quickly, answer quickly.…

 Zhang Shuo noticed Wang Qiang, but ignored him and took a deep breath:

“Presiding judge, we do not agree with the defense stated by the defendant.”

Qin Yong said: "State your reasons carefully."

 “But remember!”

“The statement must have factual and legal basis and cannot be divorced from the facts and legal provisions.”

With Tang Liang's performance just now, Qin Yong gave a special reminder.

 “A good judge.”

 Zhang Shuo glanced at the litigation materials and continued:

“Our reason is very simple, that is, in this case, according to the conditions of self-defense, we did not commit illegal infringement against Guang Youzhi.”

“Legitimate defense arises in the process of committing unlawful infringement.”

“Since we have not committed any illegal infringement on Guang Youzhi, Guang Youzhi has no reason to defend himself.”

“Similarly, throughout the entire process of the case, Guang Youzhi did not have the conditions for emergency evacuation.”

“In summary... Guang Youzhi does not fall within the scope of legitimate defense and emergency avoidance.”

“So we need to bear due legal responsibility for the serious injuries caused by our client.”

“The chief judge’s opinion is ours.”

 The hammer struck.

 From this point, it is obvious that the level of the lawyer entrusted by the prosecution is high. Relative to the prosecutor, it is higher.

 Zhang Shuo's defense idea is relatively more precise.

Why do you say that?

 Because it has been clearly shown through the statement just now that there are only two points of innocence, self-defense and emergency avoidance.

 From the perspective of legitimate defense, it must be in the process of illegal infringement.

 Zhang Shuo’s statement just now is based on this, which means that Wang Qiang did not commit any illegal harm to Guang Youzhi. Based on this condition, Guang Youzhi cannot be regarded as legitimate defense or emergency avoidance.

Qin Yong spoke again: "In response to the prosecution's defense, does the defendant have anything to say?"

Su Bai: "We maintain our view that Guang Youzhi is not guilty."

“The reason for the determination is: the harm we caused to Wang Qiang at the beginning was to prevent Wang Qiang from committing illegal harm to others, and it was not intentional harm.”

“The reason why I continued to attack Wang Qiang was because I counterattacked and defended Wang Qiang’s attacks after stopping Wang Qiang.”

 “The above is our point of view.”

In response to Su Bai's statement, Tang Liang originally wanted to continue to refute it.

 Because he just made a very serious mistake, he wanted to continue to perform at the trial and redeem himself from this mistake.

 Hands up to signal.

 But he was directly ignored by Qin Yong, or in other words, he ignored it deliberately.

 Just now you no longer pay attention to legal interpretation, and just output it directly.

 Want to continue stating now?

 Completely unnecessary.

This is Qin Yong's view of Tang Liang. If Tang Liang continues to state, there may be something wrong.

He also knew in his heart that if the prosecutor prosecuted and found not guilty, the prosecutor would have to bear a certain amount of responsibility, which was not too big.

Just now Tang Liang made a statement that had no legal basis.

This kind of responsibility is greater than the responsibility for losing the lawsuit.

This trial has reached a certain stage, and there is no need for Tang Liang to continue his statement.

 Just in case he wants to come out...

  Let’s not talk about anything else... I just want to talk about the definition of self-defense.

There is also that sentence, Wang Qiang is also equivalent to self-defense.

 If the news spreads, Tang Liang will definitely be transferred.

Seeing that Qin Yong completely ignored him, Tang Liang didn't know what he was thinking, but still raised his hand.

Facing this circumstances.…

Qin Yong said directly: "There is nothing more that the prosecutor needs to add."

“The prosecutor needs to follow the command of the presiding judge to speak.”

  “There is no need to continue signaling.”

Hearing such a direct answer from the presiding judge, Tang Liang stopped signaling.

 It’s just...the expression on his face seems a little worried,

 I don’t know whether he is worried that he cannot perform and save his life, or he is worried about the presiding judge’s attitude towards him.

 Following this, Qin Yong banged the gavel: "Now enter the adjournment."

 “After the court session is over, the trial will continue.”

 Speaking, he and two other members of the collegial panel left the trial bench.

.

 ….

 The court hearing scene.

 The court is adjourned.

Su Bai breathed a sigh of relief. This time, the trial has come to an adjournment, which is a good thing for them.

 Because if the presiding judge decides in his heart that Guang Youzhi committed intentional harm, he will not adjourn the case.

 This adjournment is probably to discuss these matters.

 But he knew in his heart that based on the current debate, it was not enough for the presiding judge to find Guang Youzhi innocent.

at the same time.…

Whether it is the prosecutor's seat or the prosecutor's seat, his face is not very good-looking.

 Mainly because...

 The presiding judge decided to adjourn the trial, which was obviously different from their ideas. What they wanted was that Guang Youzhi was guilty.

 However, it is obvious that the adjournment was to discuss whether Guang Youzhi was guilty or not.

If the discussion concludes that Guang Youzhi is not guilty, it will not be a good outcome for both of them.

Especially for Tang Liang, he himself made a big mistake in the court hearing.

 If Guang Youzhi is found not guilty, he is likely to be considered to have deliberately targeted Guang Youzhi.

Even though he is said to be innocent, the public opinion will not believe it. Moreover, if such a major mistake is made, he will definitely be transferred. prosecutor, prosecutor.

 Maybe he will be on the bench in the future.

 Based on this, he wanted Guang Youzhi to be found guilty even more.

the other side.

 At the prosecution's seat.

“Lawyer Zhang...this case has progressed to this point. How sure are we?”

 “I will definitely get that kid in!”

 “But don’t fail to get in!”

“I can add a little more to the lawyer’s fees, but people have to pay for it.”

 Zhang Shuo:.….

 It is indeed good to add attorney fees.

 But he really couldn't tell how certain he was about this matter.

 After all...the hammer is not in his hand, but in the hand of the presiding judge.

 However, judging from the current situation...the presiding judge's preference is not yet certain.

 I don’t know how the presiding judge will judge the matter of acting bravely, which leads to the inability to make a corresponding judgment.

to be honest.…

 There has never been an acquittal in this kind of case before, and he doesn’t think the collegial panel will acquit him in this case.

only.…

How should I put it? In the court hearing, Su Bai's entry point did not have any problems.

He cannot guarantee that what he thinks is correct.

“Look again, I am not the chief judge, and I don’t know what the judges think.”

Facing Zhang Shuo...Wang Qiang wanted to say something more, but hesitated. Finally, he held it back and just nodded and uttered one word.

"Um.…"

.

 ….

 In the collegial court discussion room.

 Qin Yong looked at the other two judges, Li Xiu and Wen Baojun.

“Do you two have any opinions on this court hearing?”

“I am referring to Guang Youzhi’s intentional injury behavior, bravery and self-defense behavior stated by the defendant. What do you two think?”

Guang Youzhi’s intentional injury behavior was in the defense just now.

 The prosecution, prosecutors and defendants all made their statements very clearly and from all angles.

Li Xiu, as a criminal judge, said:

“I don’t know what you think, presiding judge. I’m just talking about my own personal opinion.”

“According to previous sentencing regulations... no one has ever been found not guilty of those who acted bravely for righteousness... but among the brave acts I know of, these cases are not quite the same as the brave acts of righteousness.”

 “Tell me about it.” Qin Yong nodded and motioned for Li Xiu to continue.

Li Xiu continued: "The previous cases were based on the fact that there was no blocking behavior in advance, and there was no indirect attack in the middle."

“The absence of indirect attack means that when Guang Youzhi carried out the illegal act of blocking Wang Qiang, he only carried out a point-and-point attack on Wang Qiang for the first time, rather than a strong attack.”

"From this point of view, Guang Youzhi's behavior may not be intentional, and it would be a bit reluctant to identify it as intentional harm..."

  “My views and opinions are based on subsequent actions.”

“That is to say...the situation in previous cases is different from the situation in Guang Youzhi’s case.”

 “The main difference is here.”

“But I think we should give a more conservative sentence. We can learn from past cases and give a lighter sentence in terms of sentence.”

Qin Yong nodded slightly after listening to Li Xiu's statement, and then turned his eyes to Wen Baojun.

 “What do you think of this case?”

 “Me?” Wen Baojun asked in confusion. He was silent for a few seconds, flipped through the litigation materials, and then continued:

“I don’t have any other opinion, but I think we still have to follow the legal basis. However, I think that if Guang Youzhi is found innocent, it’s not impossible, but the legal basis must be clarified.”

"As the prosecution said, Guang Youzhi's harmful behavior did indeed cause serious injuries to Wang Qiang. The key is whether it can be regarded as Guang Youzhi's act of self-defense."

“Or can it be regarded as an act of intent to prevent illegal infringement?”

“If the verdict is established, then Guang Youzhi can be regarded as innocent, but if the verdict is not established, then Guang Youzhi is guilty.”

 “Everything is in accordance with the law.”

"Um!"

"I see!"

Qin Yong nodded slightly, obviously listening to Wen Baojun's words.

This case.…

 It is very typical and may even be shortlisted as a typical case in the province.

Qin Yong has a preference in his heart as to how to judge the case, but has not yet decided.

 “Listen to other arguments from other angles!”

 Qin Yong thought silently in his heart.

 PS: Please give me a monthly ticket~

 (End of this chapter)