As a Lawyer, You Sent the Judge In?

Chapter 273 The final plea, the presiding judge’s attitude

 “Oh! It can be seen from the judgment of this presiding judge that he is really a good judge!”

"That's right! If nothing else, this judge at least made his judgment sound and well-founded, and no party has any objections!"

“Even if the prosecution raises objections, there is no relevant evidence and they just rely on their own emotions to raise doubts!”

“That’s right! Justice Lin Youping promoted the judgment of self-defense. Based on this alone, he is a good judge!”

 In the live broadcast room of the French Commentary.

 Many people who were watching the live broadcast of the court hearing showed a lot of favorable impressions of this judgment.

 They all praised the judge who made the judgment.

Luo Daxiang looked at the barrage and smiled knowingly.

Lin Youping is the vice president of Beidu High Court and a professor of law at the University of Political Science and Law.

 There is a certain relationship between the two of them.

Luo Daxiang knew that Lin Youping’s greatest hope was to improve the legal system and promote legal management.

 And after entering the judicial system, he has been adhering to his ideals and beliefs.

I don’t know how many years ago, Luo Daxiang heard a little story about Lin Youping.

Lin Youping was trying a case involving a large truck. The driver of the large truck was hauling goods. Due to the rain, the goods were damaged, and he was sued by a cargo owner with a related background.

 The requested compensation is a sky-high amount of compensation, which far exceeds its value itself.

 For the large truck driver, as long as compensation is awarded, he will never be able to afford compensation in his life.

As the presiding judge, Lin Youping disagreed with the compensation. Not only was he warned, but his family members were also threatened.

 It often happens that the windows at home are broken and there is a dead animal in front of the door.

However, Lin Youping still insisted on making the judgment in accordance with legal provisions.

 From these we can see that Lin Youping has always stuck to his true intentions.

 Maintain legal order.

I have to say that after so many years, I have been able to maintain my original intention.

 As a judge who makes judgments in accordance with the law and facts.

Lin Youping did what he had in mind when he read out the legal oath.

Luo Daxiang took a breath and continued to focus on the court hearing.

 At present, the key judgments in this trial have been completed.

 The rest is much simpler.

.

 ….

 At the court hearing.

Xia Jingping raised an objection in the court hearing just now, interrupting the progress of the trial.

but.…

 It's just a delay, it doesn't have any significant impact.

 The trial continues.

At the presiding judge's seat, Lin Youping briefly looked through the litigation materials.

He raised his head slightly and glanced at all the seats.

　　 Immediately afterwards, he continued: "About the continued defense of this trial."

“The collegial panel makes the following conclusion.”

“First: Make a relevant plea as to whether Zhou Li’s behavior was intentional injury or defensive behavior.”

“Second: Regarding Zhou Li’s behavior of taking a knife while being beaten, analyze the factors that caused his behavior.”

“In response to the above two points, the prosecutor is asked to make an opening statement first.”

 The first point and the second point actually belong to the same point, but are divided into different types.

 The second point can be seen as a specific division of the first point.

Why do you say that?

 Because it is necessary to analyze whether Zhou Li's behavior is intentional harm or defensive behavior.

Then we must analyze Zhou Li’s subjective motivation for taking the knife.

This kind of subjective motivation does not mean that whatever Zhou Li states his subjective motivation is.

Rather, it should be analyzed according to the environment and specific scenarios at that time.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　….

“Once these two points have been judged, it is estimated that the case will be finalized.”

Cai Wanqiang muttered something silently in his mind and said, "Presiding Judge."

“As for the analysis of Zhou Li’s behavior, the defendant Zhou Li has just described it very clearly.”

“Under the circumstances at that time, He Ping and others did take the initiative.”

"But the physical behavior is limited to pushing and fighting."

“Based on subsequent inspections, it can be clearly seen that there were limits to what He Ping and others could do at that time.”

“It did not cause much harm to Zhou Li, that is to say, it did not pose a threat to Zhou Li’s life.”

“There is absolutely no need for Zhou Li to go under the knife.”

“And Zhou Li did not encounter any strong obstruction during the entire process of getting it.”

 “Imagine the situation at that time.”

“If He Ping and others want to cause certain harm to Zhou Li, under certain circumstances, Zhou Li’s harm will not be so light.”

“There was no chance to get the knife and attack.”

“Based on the above, we believe that Zhou Li’s process of getting the knife was a manifestation of his subjective intention.”

“I just heard a lawyer entrusted by the defendant ask Zhou Li why he used a knife to hurt He Ping.”

“The main reason is that He Ping punched Zhou Lizai while he was holding the knife, and then Zhou Li stabbed He Ping with the knife.”

“In this process, He Ping obviously did something wrong, but what about Zhou Li?”

"The damage caused by He Ping's punch is limited and not enough to cause serious harm to Zhou Li. However, Zhou Li still chose to attack He Ping's heart even though he knew about it. ”

“I believe that Zhou Li, who was not under siege at the time, must have a clear idea of ​​what it means to attack the heart.”

 “This is common sense to everyone.”

“Here I would like to ask Zhou Li, do you know the importance of the heart? Being stabbed will result in absolute death?”

At the defendant's seat, Zhou Li hesitated, but still nodded: "I know."

Cai Wanqiang nodded to indicate that the inquiry was completed, and then continued:

“Based on what Zhou Li said just now, it can be clearly seen.”

“While Zhou Li did not suffer serious harm, he clearly knew that stabbing He Ping in the heart was likely to result in death.”

“Still choosing to attack He Ping’s heart with a knife already has relevant subjectivity.”

 “And there’s one more thing…”

"Before Zhou Li attacked, he smashed his own stall and had a strong desire to attack. This can be confirmed from the side." "It confirms Zhou Li's subjective behavior."

 “Presiding Judge, I have finished my statement.”

.

 ….

 After Cai Wanqiang finished his statement, he took a breath.

 The key point of this case is here. Although after the previous judgment, Zhou Li is likely not to uphold the original judgment of first instance and impose the death penalty.

  But this kind of intentional injury resulting in death due to one's own behavior and subjectivity should be sentenced to at least life imprisonment.

After Cai Wanqiang finished his statement, Su Bai frowned slightly and raised his hand: "Presiding judge, I disagree with some of the prosecutor's statements."

On the bench, Lin Youping asked: "Please ask the defendant to entrust a lawyer to express his opinion."

"OK."

 “I do not agree with the views stated by the prosecution.”

 “Especially in terms of intentionality.”

“Intentional homicide causing death and excessive self-defense causing death are different concepts.”

 “What does intentionality mean?”

“Refers to the subjective expectation and hope that the victim will die.”

“According to the prosecutor’s statement, Zhou Li was asked whether he knew that puncturing the heart would lead to the client’s death, which confirmed Zhou Li’s intentionality.”

“But the prosecutor has just stated that this is common sense.”

“Common sense means that everyone knows this matter, so it is not surprising that our client knows this matter.”

"But this does not mean that under the circumstances at that time, we were aiming to pierce the other party's heart. Did we foresee and know that our actions would cause the other party's death, or did we still hope that the other party would die."

“Piercing towards important parts, there is indeed the possibility that one can foresee and know that one’s actions will cause death to the other party.”

 “But what if it’s an act of defense?”

“Although He Ping said that he did not punch Zhou Li too hard and attacked Zhou Li, was his behavior considered an attack?”

“According to the interpretation of the law, what He Ping did was an attack on Zhou Li.”

“In this case, Zhou Li fights back. Is there any problem?”

"no problem."

“Furthermore, I don’t understand what the prosecutor meant when he said Zhou Li smashed his stall for side verification?”

Cai Wanqiang replied: "Smashing his stall represents Zhou Li, who has a strong tendency and willingness to attack."

“This shows that it is a situation of unstable character, and based on this, there is a large degree of deliberate attack.”

Su Bai: “I don’t agree with this point of view.”

Cai Wanqiang: "Then I would like to ask the defendant to entrust a lawyer to make a statement. Why don't you agree?"

Su Bai continued to speak:

 “The matter of smashing stalls cannot be judged simply from one circumstance.”

  “Look at the overall situation.”

 “What is the overall situation in this case?”

“Zhou Li’s family is already very poor, with elderly parents and disabled children. The whole family relies on this stall to earn living expenses and medical expenses.”

“Now I am being treated unfairly by law enforcement officers again. I just complained, and the other party pushed me and even beat me.”

“Everyone has dignity, did Zhou Li destroy a stall?”

“He smashed the stall, does that mean he has the tendency to intentionally cause harm?”

"no!"

“What he smashed was not the stall, but the helplessness in his heart towards life and the oppression of life on him.”

“He thought about his elderly parents and disabled children at home. Without this stall and the fine, he was unable to support a family.”

“Now that this happened, he resented his own powerlessness, so he smashed his stall.”

 “At the same time, it is also a way to vent one’s despair about the future life.”

“Based on this, I smashed my own stall, not that there is any criminal subjectivity or willingness to commit crimes.”

"at the same time."

"As for the subjective and intentional performance, first of all, Zhou Li did not take the lead in taking action. His intention to hold the knife at the beginning was just to protect himself and not be beaten again."

“Imagine a man who was under great pressure and had his source of survival cut off, and the main person who did this pushed, insulted and beat him.”

"In this case, Zhou Li completely lost his dignity. Even so, he did not say that he would attack immediately when he held the knife."

“But when He Ping attacked him, he fought back.”

“The prosecution’s statement is very reasonable. He Ping’s physical attack on Zhou Li did not reach the point of emergency, but did He Ping massively insult and attack Zhou Li’s spirit?”

“What crushed Zhou Li was his spiritual support.”

“Based on the above circumstances and relevant legal provisions.”

“We do not believe that Zhou Li committed intentional homicide.”

“Presiding judge, our statement is complete.”

This case can be stated from any angle.

  are all selective.

 The prosecutor’s point of view is good, and so is his point of view.

 They are all fighting for the legal rights and interests of relevant persons.

Su Bai defended Zhou Li in order to fight for Zhou Li's legal rights.

 The prosecutor made the accusation to fight for He Ping’s legal rights.

 From a factual point of view.

 Zhou Li indeed caused He Ping's death.

 But the behavior of He Ping and others also had a huge impact on Zhou Li at that time.

 Zhou Li had to support his family, but his stall was targeted and he was insulted and beaten. He resisted and was sentenced to death.

Is this an inappropriate template for an honest person?

 For other people, they would definitely not be able to stand this anger, and it might also cause huge problems.

 But no matter what, this is a court trial, and everything is based on the law, the judgment and the verdict.

 Now, the most important thing is how the presiding judge and the other two members of the collegial panel should judge this case.

What Su Bai can be sure of is that the original verdict of the first instance will definitely not be upheld in this case.

but!

 As to the specific sentence, he didn’t know what the verdict would be.

 The same thing is said, if the sentence is too harsh, then we will continue to appeal.

However, Su Bai knew that Lin Youping would have an objective judgment result and it would be difficult to appeal.

Su Bai took a deep breath and looked up at the presiding judge's seat.

 His eyes happened to meet those of the presiding judge Lin Youping.

.

 ….

 PS: During the double monthly pass period, please give me a monthly pass~

 (Explanation: The side story is an activity of Qidian. It does not affect the main text on a daily basis)

 (End of this chapter)