As a Lawyer, You Sent the Judge In?

Chapter 44: Are you confused? Go with the law enforcement side!

 Outside the court hearing, the audience watching the live broadcast of the trial was in a rage.

 “Holy shit, I feel like you’re talking pretty awesome. Are you going to win the case? Support!”

“Support +1! But what I want to ask is, what is the emergency response? Teacher Luo, can you explain to us the arguments of the litigants?”

 “Yes! I want to hear it and understand what it means!”

 “Teacher Luo, tell us!”

After listening to Su Bai’s court debate, Luo Daxiang saw the comments in the comment area and nodded with a smile:

“Okay, since everyone wants to hear it, let me talk about the most critical issue in this trial first.”

“Everyone has heard the lawsuit applications from both parties in this trial. The key point in this trial is whether Qi Feng constituted self-defense!”

"This is also the reason why Su Bai, the lawyer for the litigating party, always emphasized that Qi Feng was acting in self-defense when making his statement, while the prosecutor's lawyer Lu Wei kept denying that Qi Feng was not acting in self-defense, because this is the core element of this debate. "

“The statement just made by lawyer Su, the litigator, shows the point that Qi Feng did not commit a crime intentionally, but a crime committed under stress.”

 “Why do litigants’ lawyers defend from this point of view?”

“The reason is that stress crimes refer to crimes committed in response to emergencies.

  Take this case for example.

 According to the statement of the litigant’s lawyer.

Qi Feng committed the crime in a strong mood of self-defense, which is an emotional crime and not an intentional crime. "

“If this point is determined by the presiding judge, then there are two possibilities for Qifeng’s sentencing in the second instance.

 The first one is self-defense and does not require criminal liability.

 The second one is excessive defense, where the facts of the crime are confirmed, but a lighter punishment will be given. "

“No matter what, once this is successfully determined, Qi Feng will no longer decide this case to be the death penalty.

 But the specific situation requires the prosecutor's lawyer, Lawyer Lu, to defend the litigant's lawyer's issues to see whether the defense is reasonable and legal, and whether he can overturn the litigant's lawyer's statement.

 Through these presiding judges, the final judgment will be made. I believe that presiding judge Lin Youping can give a reasonable and legal judgment. "

　　Leave a message in the comment area: "Does this mean that the litigant's lawyer is digging a hole for the other party? As long as this defense point is established and judged, Qi Feng will not impose the death penalty no matter what?"

Luo Xiang nodded slightly: "That's pretty much what it means.

 But digging a hole does not cause it.

Lawyer Lu should also have a wonderful rebuttal. At that time, it will also depend on the in-court defense of the litigant’s lawyers and the preference of the presiding judge.

This court hearing is exciting! Let’s keep watching! "

 The court hearing scene.

Lu Wei frowned slightly when he looked at Su Bai.

　　咚!

After hearing Su Bai’s defense opinions, presiding judge Lin Youping briefly checked the information and banged the gavel:

“Does the prosecution, the defendant, have anything to say about the defense opinions put forward by the litigant?”

 At the seat of the respondent.

Lu Wei looked at the evidence in his hands and spoke slowly:

“We disagree with the claims of self-defense and involuntary homicide raised by the litigant.”

“According to Article 20 of the Criminal Law of our country, legitimate defense refers to the defensive behavior taken by the parties in the process of encountering a violent crime that seriously threatens their own safety.”

“In this case, Qi Feng was holding a knife and had the ability to protect himself. The two other parties did not seriously endanger Qi Feng’s own safety!”

"also."

"In the circumstances at that time, when the other two people attacked Qi Feng, Qi Feng fought back with a knife. In the process, he swung the knife. If it was not intentional, why did he swing the knife at the two people? ?

If it is only for one person, it can be said to be a non-subjective factor, but for two people, it is suspected of being intentional. Regarding this point, we believe that the other party’s subjective intention is a conscious act. "

“Presiding judge, we have finished our statement.”

Lu Wei spoke slowly, and after finishing his words, he put the materials in his hand on the table.

As a senior criminal lawyer, he knows that the core point of this case lies in the determination of self-defense and intentional injury.

 As long as these two points can be stabilized, it will be fine.

After Lu Wei finished his statement, he raised his head and looked in the direction of Su Bai.

Su Bai raised the corners of his mouth slightly.

Lu Wei frowned slightly: Laughing? How could he laugh at a time like this?

 Does he think he has won?

 For some reason, Lu Wei suddenly had a bad premonition in his heart.

 But he was also convinced that his debate had no questions and was answered around the core points.

 My heart calmed down a little.

 At the judgment seat.

Presiding judge Lin Youping heard the debate between the two sides on the crime of self-defense and intentional injury. He lowered his head and glanced at the materials in his hand, then raised his head:

“Both defense parties expressed their respective opinions on whether Qi Feng acted subjectively and intentionally.”

“Litigant, do you have anything else to add?”

Su Bai tidied his suit a little and took out a piece of material from a pile of materials:

“Presiding judge, what the prosecution lawyer put forward is that Qi Feng was holding a knife and had the ability to protect himself. The two other parties did not endanger Qi Feng’s safety. I disagree.”

“Presiding Judge, this is a report on the law enforcement officers’ identification of the two other parties’ information, which is clearly described in the information report.

 The two had often been involved in fights before, which showed how difficult the other side was.

Qi Feng held the knife just to give himself psychological comfort, and did not choose to take the initiative at the beginning. "

“However, the other party’s move is to prepare to continue to infringe on our client Qi Feng and is carrying out this act.

 Our side is retaliating under such circumstances. Subjectively, it cannot be concluded that our side is intentionally causing harm. "

“Furthermore, we have just stated intentional injury as defined in criminal law.

 First: Our client did not prepare the knife in advance. He was just for defense and happened to see the knife in the mall. It had no purpose at first.

 Second: Our subjective intention is obvious. It is just to scare them, force them to retreat, and carry out defensive measures. We did not expect the subsequent results. "

“According to the evidence provided by law enforcement, Qi Feng’s psychology at the time has been described. The content of the evidence is that Qi Feng was extremely panicked and panicked at the time, with the main purpose of protecting himself.”

“Now the prosecutor suddenly proposed that our knife-wielding action against the two people was not a subjective defense, but an intentional act.

The prosecution lawyer means to overturn the basis provided by law enforcement? "

“We require the prosecutor to present new evidence, or to overturn the defense based on the law enforcement party!”

Su Bai looked at Lu Wei with a slight smile on his lips.

 If the conflict cannot be resolved, lead the conflict elsewhere!

　　If you insist on arguing with me, then go ahead and try to hit an iron wall!

After noticing Su Bai's gaze, Lu Wei lost control of his expression.

  ? ? ?

 You want me to overturn the evidence provided by law enforcement?

 How can I have that ability!

Also, isn’t your defense idea too wild?

This is not a suitor!

grass!

Lu Wei almost lost his composure and uttered curse words. He suppressed it and managed to control his expression.

 (End of this chapter)