As a Lawyer, You Sent the Judge In?

Chapter 48 Court Statement, second adjournment!

　　At the presiding judge's seat on the trial bench.

Lin Youping looked at the materials on the table and banged the gavel:

“Now both the litigant and the prosecutor have finished stating their respective defense opinions.”

 “Then let’s move on to the last item, the court statement.”

Presiding judge Lin Youping looked at the prosecutor's seat: "Now it is up to the prosecutor to make a statement."

 The trial has reached its final stage.

Lu Wei also knew that this was the most critical part. After the court statement, there would be no room for defense.

By the time.

The presiding judge may announce the result in court!

Lu Wei looked at the materials placed on the table, and now he has determined that Qi Feng did not cause intentional harm. It can be said that he has lost the case.

but

 Excessive defense is also determined by the severity of the sentence and the punishment!

 Taking a deep breath, Lu Wei looked at the litigation materials and spoke slowly: "Our court statement is as follows:"

“Qi Feng’s excessive defense resulted in the death of two people, and continued to cause a certain amount of damage to the other party after the other party had lost his ability to act, leading to the death of the other party. It can be said that it far exceeded the limit of defensive behavior.”

 “The law pursues equality for everyone and equal right to life.”

 “The right to life is the first priority.”

“The damage caused by Qi Feng is immeasurable. It not only caused the loss of two lives, but also caused immeasurable harm to two families.”

“In this case, we believe that whether the sentence is appropriate should be considered, and the sentence should be harsher, and an acceptable punishment should be given to the two deceased people who lost their lives and their families.”

 At present.

Since Qi Feng cannot be judged to have intentionally caused harm, he needs to make a statement and try to increase the sentence as much as possible.

This is the last thing Lu Wei can do.

Lu Wei raised his head and looked at the presiding judge's seat: "Presiding judge, our statement has been completed."

　　咚!

Lin Youping banged the gavel.

“The prosecution has finished its statement and now the litigant is invited to make a statement in court.”

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 The most critical point is here.

Su Bai had been prepared for a long time and was waiting for this moment. He took out several documents from the litigation materials and spoke slowly:

“Our court statement is as follows:”

"In the case of Qi Feng, we should not only look at the results caused by Qi Feng, but also comprehensively consider the nature, means, intensity, degree of harm of the illegal infringement and the nature, timing, means, intensity and environment of the defensive behavior. Wait for factors to set off.”

“For the determination of the outcome of the court trial, we must ensure that the judicial decision can withstand the test of the law and must also conform to the concept of social fairness and justice!”

“Fairness and justice do not refer to the result, but to looking at the entire process of defense.”

“Our country’s laws are too general in determining the suspension of defense and the ability to continue infringement, which is not conducive to the public’s recognition of legal justice.”

“The Qi Feng case has attracted public attention for this reason. It does not meet the public’s expectations for legal justice!”

“Presiding Judge, I would like to insert something else relevant to this.”

Su Bai opened his mouth.

Lin Youping banged the hammer: "Agree."

 “A good judge.”

Su Bai nodded and continued:

"In the case of Qi Feng, the short video has been played across the entire network in the hundreds of millions, and one of them recently had a very high number of views. In the reprinted video, there is a message with more than 100,000 likes under the comment area, saying this of:"

“The reason why we pay so much attention to the Qi Feng case is because Qi Feng represents our public psychology.

Who wants to be unable to fight back when they are bullied?

If we are judged to have assaulted each other or intentionally caused harm when we fight back, then do we have to watch ourselves being bullied and then take up the weapon of law after being bullied?

 Is delayed justice still the justice we want? "

“Although there are certain problems expressed in this passage, it represents the voice of our masses! It represents the resonance of the masses!”

“The justice of the law should not favor the violent party!” “According to our country’s determination of legitimate defense, during this process, it is difficult for the injured party to judge whether the violent party has the ability to continue to infringe!”

  “It is difficult to judge this ruling!”

“If the violent party infringes on the victim, when the victim fights back, the violent party realizes that the victim will harm him and deliberately stops the violation. When the victim chooses to stop, the violent party continues to harm the victim. Violation, isn’t this an aggravation of the victim’s harm?”

“The determination of legitimate defense and excessive defense should be based on the environment. Qi Feng’s environment at the time was an environment of legitimate defense.”

“The right to life is the first priority and cannot and should not be based on infringement of the legitimate rights and interests of others.”

“If we stand on the basis of the legitimate rights and interests of others, how can the legitimate rights and interests of others be protected?”

“To borrow a comment from a netizen, are rights based on the legitimate rights and interests of others considered legitimate rights and interests?”

“Presiding judge, our statement is complete.”

After Su Bai finished his statement, he raised his head and looked at the judgment seat.

On the trial stage, after listening to Su Bai's statement, Lin Youping frowned slightly and was silent for a few seconds: "Litigator, are there any evidence bases for the video comments you made?"

Facing the presiding judge's question, Su Bai took a long breath, and most of the tension in his heart disappeared.

 “There is a chief judge.”

Su Bai handed the materials prepared in advance to the staff beside him, who then handed them to the presiding judge Lin Youping.

After Lin Youping received the materials, he handed them over to Fang Mei and Zhu Xiong for review. The three members of the collegial panel looked at each other.

　　咚!

Lin Youping sounded the hammer.

 “Enter the adjournment now!”

“Thirty minutes later, the adjournment will end and the court verdict will be announced!”

 The court was adjourned for the second time!

Su Bai let out a sigh of relief.

The purpose of this adjournment is obvious. It seems that the original intention of the presiding judge was to determine that the defense was excessive.

But after his court statement and final defense, he had the intention to change his decision!

 But how to determine it specifically is hard to say!

Su Bai's eyes fell on Qi Feng, he nodded imperceptibly and said nothing.

On the other side, Lu Wei's eyes kept falling on Su Bai and he didn't know what he was thinking.

Su Bai noticed Lu Wei's gaze and did not avoid it deliberately. At the same time, he did not continue to look at each other. He just glanced at it lightly.

Seeing this, Lu Wei withdrew his gaze and stared at the court trial materials in front of him.

 In the deliberating room of the collegial panel.

 The three members of the collegial panel discussed the case again. Lin Youping looked at Fang Mei and Zhu Xiong: "Let's talk about it."

“I think this court debate was quite exciting, especially the last paragraph of defense and statement. Please share your views.”

Zhu Xiong was silent for a while, and then spoke: "The pleas of both parties have certain legal basis. According to previous court judgments, it should be judged as excessive defense."

Fang Mei nodded seriously: "Based on previous court trials, this case should indeed be judged as excessive defense, but the impact of this matter is not small, especially the court statement made by the lawyer of the litigant in court."

Facing Fang Mei’s last sentence, Zhu Xiong nodded slightly.

This trial is quite stressful, and the case can be considered a classic, which will test the presiding judge's ability and level.

Lin Youping nodded slightly when he heard what the two people said, and he made a decision in his heart.

When Fang Mei and Zhu Xiong saw this, they didn’t say much, but at the same time they both thought of something.

 (End of this chapter)