As a Lawyer, You Sent the Judge In?

 Chapter 251 Judgment Result! Xiao Li: I want to send them all in...

 Other perspectives are nothing more than what Li Xiu and Wen Baojun said.

 In fact, Qin Yong agreed with some of what Wen Baojun said.

 The most critical decision in this case is—

 Can Guang Youzhi’s behavior be regarded as legitimate defense or to prevent illegal infringement?

 These two judgment points are the most important.

 From the perspective of self-defense... how should I put it?

Guang Youzhi’s behavior is still a bit too forced.

However, since the defendant entrusts a lawyer to defend his innocence.

He would like to hear whether the lawyer appointed by the defendant can come up with other viewpoints.

 In other words, can we come up with accurate and intuitive legal principles?

.

 ….

 Soon, the court hearing began again.

At the presiding judge's seat, Qin Yong already had a definite idea in mind after discussing this case with Li Xiu and Wen Baojun just now.

 The gavel struck.

“The adjournment has ended and the case will continue to be heard.”

 At Qin Yong's voice, all parties involved turned their attention to the seat of the presiding judge.

 Following that, Qin Yong continued to speak:

“Can the lawyer appointed by the defendant state your view of defending innocence? Please describe it in detail.”

 This is the second time Qin Yong has asked.

Su Bai also understood the meaning, in simple terms.

 It means that the presiding judge is inclined to find Guang Youzhi innocent, so he needs to confirm again.

Facing the presiding judge’s inquiry, Su Bai made a rough judgment in his mind and said:

 “Okay, presiding judge.”

 “Presiding Judge.…”

“Our defense of innocence is the same as what we just stated.”

“When Guang Youzhi first took action against Wang Qiang, it was to prevent Wang Qiang’s illegal infringement, because Wang Qiang was in the process of illegal infringement at that time.”

“After stopping Wang Qiang’s illegal infringement, Wang Qiang was very angry and attacked Guang Youzhi.”

“We believe that this point needs to be analyzed emphatically, and the following points are included:”

“First: When Guang Youzhi took action against Wang Qiang for the first time, did he stop Wang Qiang’s illegal infringement?”

"yes!"

“Because the presiding judge has just judged that Guang Youzhi’s behavior was an act of righteousness and bravery.”

“Then Wang Qiang’s illegal infringement was prevented.”

“From this point of view, Guang Youzhi’s first attack on Wang Qiang was not an illegal or criminal act, because subjectively he did not intentionally harm Wang Qiang, but to stop Wang Qiang’s illegal infringement.”

“Second point, after Guang Youzhi stopped Wang Qiang, what kind of attack was Wang Qiang’s attack?”

“It is a kind of anger after committing illegal infringement but not getting the result you want, so it transforms into another kind of illegal infringement, that is, an attack on Guang Youzhi.”

“The legitimate defense expressed by us is that Wang Qiang was committing illegal infringement and did not get the results he wanted, so he continued to commit unlawful infringement against those who stopped him from committing illegal infringement.”

“From this point of view, Guang Youzhi’s continued counterattack is a legitimate defensive act.”

“The presiding judge has stated our views above.”

Su Bai made his statement very clearly this time, laying out all the key points.

 Because he knew that the chief judge was not asking him this time, but was adding a weight to his own tendency.

Su Bai’s statement is very reasonable when interpreted from a legal perspective, and it is entirely possible to determine Guang Youzhi’s innocence through this aspect.

This statement puts it plainly...

It is to describe the statement just now more clearly and include Wang Qiang's psychological state.

 After the description is clear, the presiding judge can better understand the scene at that time.

.

 …

After hearing Su Bai’s statement, Tang Liang in the prosecutor’s seat couldn’t sit still for a moment.

He retorted without waiting for the chief judge to speak:

“Then can I ask the lawyer appointed by the defendant?”

“In your statement, you believe that Guang Youzhi’s behavior was a courageous act for the first time to prevent the occurrence of illegal infringement.”

"But.…"

“What I would like to ask is, when Wang Qiang attacked Guang Youzhi in turn, had the illegal violation of the woman at that time ended?”

Su Bai: "Yes."

Tang Liang continued: "Well, according to what you said, Wang Qiang stopped illegally violating that woman and started illegally violating Guang Youzhi."

“But in terms of size and strength, Wang Qiang is 1.7 meters tall and weighs 120. His attacks pose no threat to Guang Youzhi at all.”

“So Guang Youzhi was able to prevent Wang Qiang from illegally harming him at the beginning, but why did he have to deal with Wang Qiang seriously and seriously injure him?”

“Can’t this be seen as a fight between two people?”

“Seeing it as a fight between two people, Guang Youzhi’s injury to Wang Qiang is serious injury, which also amounts to a criminal act.”

Su Bai:? ? ?

 According to this, there is indeed nothing wrong with it, but...

Prosecutor, have you forgotten what crime you were charged with?

 Do you remember what is written in the indictment?

 The indictment stated that Guang Youzhi caused serious injury to Wang Qiang with intentional injury and committed the crime of intentional injury.

 You are going to fight each other now. Is the act of fighting the same as intentional injury?

 The essence of both is not the same!

 “I would like to remind the prosecutor again, please pay attention to your wording.”

“The fighting described by the public prosecutor has not been certified by law enforcement agencies, and the chain of evidence explained by the public prosecutor is defined based on the crime of intentional injury, not the fighting.”

“If the public prosecutor wants to prosecute Wang Qiang because we and Wang Qiang fought each other and caused Wang Qiang to be seriously injured, then the public prosecutor is asked to withdraw the case.”

 “File the case again.”

After Su Bai finished his statement, Qin Yong frowned on the bench.

What does this prosecutor want to do?

 No, is he sick?

The trial discussed whether the injuries Guang Youzhi caused to Wang Qiang were intentional injuries causing serious injury.

 Now the prosecutor suddenly brought up the fight!

If you want to bring up a fight in the courtroom, you can indeed do so.

  But it is the prosecution or the defendant who puts forward this opinion, and decides whether it should be accepted by the court and requires the prosecutor to supplement its evidence.

 But the prosecutor put forward this argument...

  ? ? ?

　　When the prosecutor puts forward this statement, isn’t that a slap in the face?

　　It's still the kind of hard whipping!

 Intentional injury causing serious injury is a charge brought by the public prosecutor.

 You now changed your story and said it was a fight. Do you have any evidence of the correlation?

good!

Even if so, the above evidence can be regarded as evidence of fighting.

 But have you forgotten what the indictment says?

As a public prosecutor, don’t you even understand this?

 The charges are all stated in accordance with the indictment. Don’t you understand this at all?

Qin Yong glanced at the prosecutor's seat and dropped the gavel heavily:

“The prosecutor has not yet arrived at the court hearing to speak.”

 “Reject the prosecutor’s statement.”

“At the same time, give the prosecutor a warning!”

 “Next time, I will be expelled directly to the court!”

 “The prosecutor is not allowed to continue speaking and is not allowed to object!”

 Qin Yong’s warning to prosecutor Tang Liang was particularly severe.

after all.…

 If Tang Liang is allowed to continue speaking, the consequences can be imagined.

Others did not expect that the presiding judge would issue such a stern warning to the prosecutor.

 After all, in a normal court hearing...

 The presiding judge is more inclined to the evidence and legal basis provided by the prosecutor.

 But this trial...

But this is normal, let’s look at the basis presented by the prosecutor in court.

 The basis presented by the court completely goes against the original intention of the public prosecution.

It's no wonder that the presiding judge was so angry and warned Tang Liang so sternly.

After receiving the warning, Tang Liang frowned and looked at the presiding judge's seat. He wanted to say something, but was stopped by Qin Yong's look.

 For Qin Yong, it would be better for Tang Liang not to speak.

　　Immediately after Qin Yong warned Tang Liang, he looked at the accuser.

“Does the prosecution have anything else to add?”

 Zhang Shuo:.….

 All that needs to be said has been said. Is there anything else that needs to be added now?

have nothing left!

“Presiding judge, we have nothing to add.” Boom!

 The hammer struck, and Qin Yong continued to speak:

“Since neither party has anything to add, let’s proceed with the court presentation.”

　　"Please ask the prosecution to begin the court statement."

Tang Liang was stunned when he heard that the prosecutor was directly ignored and allowed to start the court statement.

 According to the general order, the prosecutor is allowed to start making court statements or presenting relevant evidence.

 But now...

Qin Yong: As soon as you opened your mouth to make a statement, what did you say that you didn’t know clearly?

 Just sit there and don’t think about making any statements or anything!

.

 ….

The prosecution appointed a lawyer, and Zhang Shuo opened his mouth to make a statement.

Based on the situation at the trial and the current defense, Zhang Shuo can see that the presiding judge is leaning towards the defendant.

So the content of his defense still needs to be stated based on the result that Wang Qiang was seriously injured.

“The presiding judge...our court statement is as follows.”

“We believe that in this case, the harm caused to us by Guang Youzhi is the result.”

“And it has caused serious injury in the statutory sense.”

"Judging from this result, we are the victim. When we request the court to make a judgment, we can take this into consideration, taking into account our serious injuries and the civil expenses of hospitalization."

“Presiding judge, we have finished our statement.”

 After listening to Zhang Shuo’s court statement, Qin Yong looked at the defendant’s seat:

“Invite the defendant to make a court statement.”

 “A good judge.”

Hearing that the presiding judge asked the defendant to make a statement, Su Bai sorted out the litigation materials in front of him.

 Based on the current situation, it is very likely that Guang Youzhi will not be found guilty of criminal liability, but in terms of civil compensation...

 Wang Qiang’s serious injury was the result, and so were the medical expenses.

 If you want to avoid medical expenses as much as possible, you can only start from the legal circumstances of the entire incident.

  Meaning...Although it is civil compensation, in terms of division of responsibilities, all the responsibilities can be passed on to Wang Qiang.

 Taking a deep breath, Su Bai slowly spoke: "Presiding judge, our court statement is as follows:"

“Presiding judge, judge, in this case, it has been determined that our behavior was an act of bravery.”

"Our client has just graduated from college, and may still retain a young and energetic mentality. When faced with an attack, he may have fought back without knowing how much harm he caused to others. It was based on this condition that Wang Qiang was seriously injured. "

  “Moreover.”

“During the entire course of the case, our client suffered serious injuries caused by Wang Qiang’s attack. Among them, we believe that Wang Qiang should bear full responsibility.”

"Why?"

“Because Wang Qiang was interrupted by Guang Youzhi in the process of committing illegal infringement, which triggered a series of disputes.”

 “In this process, Guang Youzhi’s specific performance is to act bravely when he sees justice.”

“He acted bravely to protect others from being harmed illegally.”

“Imagine...if a woman is illegally assaulted by someone else on the street, and there are many passers-by around her who are capable of rescuing her, but are worried that she will be punished and compensated by the law.”

“Leading women to be illegally assaulted by others.”

“What will be the outcome for our society as a whole?”

“There will be elderly people who fall and dare not help them, and other people who are injured and dare not step forward to stop them. Everyone refuses to help in order to protect their legal rights and interests.”

 “This is something that no one wants to see.”

“And in this case, Wang Qiang has been a perpetrator of illegal violations from beginning to end.”

  “The consequences shall also be borne by him personally.”

“I hope that the presiding judge and the members of the collegial panel will take into account legal factors, as well as specific situational factors.”

"also."

 “From the perspective of civil compensation.”

“The other party’s compensation of more than 2 million yuan is completely unreasonable.”

“We do not have the ability to bear such a high compensation cost, and according to the evidence provided by the other party, many of the medical expenses used have a health care effect. The cost of lost work is too heavy, and there is an obvious suspicion of intentional compensation.”

“We apply to reject the other party’s application for civil compensation litigation.”

 “The above is our statement.”

Su Bai finished his statement.

Qin Yong struck the hammer and entered the adjournment stage again.

 This time the court adjourned to discuss the division of responsibilities for civil compensation.

It’s just that this time all three members of the collegial panel reached a unanimous view.

 Guang Youzhi caused serious injuries to Wang Qiang and does not need to bear criminal liability, but needs to bear civil liability for compensation.

 However, Guang Youzhi is not the main responsibility, but bears part of the responsibility.

When the court opened again, Qin Yong stood on the presiding judge's seat and spoke: "Now we are ready to announce the verdict."

All rise!

  Qin Yong began to announce the verdict: "For this case."

“The verdict is as follows:”

“One: Regarding Guang Youzhi’s intentional injury filed by the prosecution.”

“Decided by the collegial panel:”

“In this case, Guang Youzhi acted bravely for the sake of justice. In the process of preventing illegal infringement, Wang Qiang was seriously injured.”

 “That is, there is no subjective intentional behavior.”

“Therefore, it is determined that Guang Youzhi is not guilty and the prosecution’s claim is dismissed.”

“Another civil compensation proposed by the prosecution.”

“In this case, Wang Qiang’s serious injuries were caused by Guang Youzhi’s counterattack after he attacked Guang Youzhi himself.”

“Wang Qiang needs to bear the main responsibility in this process.”

 “Guang Youzhi assumes secondary responsibilities.”

“Moreover, the civil compensation requested by the prosecution is unreasonable.”

“The verdict is that Guang Youzhi bears 10% of the responsibility.”

“That is, compensation of 5687.6 yuan.”

“The prosecution’s request for lost time expenses shall be rejected.”

“This case is a first-instance judgment. If the parties to the trial believe that the judgment is unreasonable, they may apply to the higher court for a retrial or initiate a supervisory review.”

“The judgment will be issued to all parties within ten days.”

 “Closed court!”

 With the last two words falling, the verdict was determined.

 Wang Qiang:? ? ?

What the hell? !

He spent so much effort, but in the end, Guang Youzhi was not sentenced and was only compensated less than 10,000 yuan? !

Isn’t this just insulting?

 Dissatisfied!

 Appeal, appeal, and definitely appeal again!

 He doesn’t believe it anymore, why can’t he cure the other party? !

 At the same time.

Tang Liang, who was at the prosecutor's seat, was also a little disbelieving about this verdict.

 Not guilty?

 The verdict that Guang Youzhi was not guilty was a slap in the face, wasn’t it?

 No...this case must be redressed.

Just now he stated that the two of them were fighting each other, and this can be used to prosecute them.

 Through this aspect, the probability of winning the lawsuit is very high, so there should be no problem in sending the other party in!

Su Bai:? ? ?

Li Xuezhen:? ? ?

　　Xiao Li's face was serious: "Lawyer Su, I feel that both the prosecutor's seat and the empty party's seat seem to be dissatisfied with the verdict of the first instance..."

"what to do?"

 “Send them all in...”

 It was just the last sentence that Li Xuezhen did not say.

Su Bai smiled: "If you don't accept the first-instance verdict, then go to the second-instance trial."

 It’s just...whether it can be heard a second time remains to be discussed.

 PS: Please give me a monthly ticket~

 (End of this chapter)