You became a lawyer and sent the judge in?
Chapter 44 Are you stubborn? Go with the law enforcement side!
Outside the court, the audience watching the live broadcast of the trial was in a rage.
"Damn it, 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 Luo Daxiang listened to Su Bai's court debate and saw the comments in the comment area, he smiled and nodded:
"Okay, since everyone wants to listen, let me first talk about the most critical issue in this trial."
"Everyone has heard the lawsuit applications from both parties in this trial. The key point in this trial is whether Qi Feng constituted legitimate defense!"
"This is also the reason why Su Bai, the lawyer for the litigant, 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 litigant, made it clear that Qi Feng did not commit a crime intentionally, but a crime committed under stress."
"Why do litigants 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, not an intentional crime. "
“If this is determined by the presiding judge, then there are two possibilities for Qi Feng’s sentencing in the second trial.
The first is self-defense and does not require criminal liability.
The second is excessive defense, which determines the facts of the crime but will result in a lighter punishment. "
“In any case, once this is successfully determined, Qi Feng will no longer be sentenced to death in this case.
However, the specific situation requires the prosecutor's lawyer, Lawyer Lu, to defend the litigation lawyer's issues to see whether the defense is reasonable and legal and whether he can overturn the litigation lawyer's statement.
Through these presiding judges, 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, then 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 is not a problem.
Lawyer Lu should also have a wonderful counterargument. At that time, it will also depend on the in-court defense of the litigant’s lawyer and the presiding judge’s preference.
This trial was exciting! Let’s keep watching! "
The scene of the trial.
Lu Wei frowned slightly when he looked at Su Bai.
Boom!
After hearing Su Bai's defense opinions, the presiding judge Lin Youping briefly checked the information and banged the gavel:
"Does the prosecutor, the defendant, have anything to say about the defense opinions put forward by the litigant?"
on the table of the respondent.
Lu Wei looked at the evidence in his hands and spoke slowly:
"We disagree with the claims made by the litigant about self-defense and involuntary manslaughter."
"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."
"Under the circumstances, 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 just for one person, it can be said to be a non-subjective factor, but for two people, there is a suspicion of intentionality.
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 he finished speaking, he placed the materials in his hands on the table.
As a senior criminal lawyer, he knew that the core point of this case was 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 Su Bai's direction.
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 also made sure that his debate did not have any questions and was answered around the core points.
My heart calmed down a little.
On the judgment stand.
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."
"Litigator, 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 men had often been involved in fights before, which showed how difficult each other was.
Qi Feng held the knife just to give himself psychological comfort and did not choose to take the initiative at first. "
"But the other party's actions are to continue to violate our client Qi Feng, and they are carrying out this act.
Our counterattack occurred under such circumstances. Subjectively, we cannot be deemed to have intentionally caused harm. "
"Furthermore, we have just stated intentional injury as defined in the criminal law.
First: The knife was not prepared by our client. 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 very 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, with the main purpose of protecting himself."
"Now the prosecutor suddenly proposed that our knife-swinging action against the two people was not a subjective defense, but an intentional act.
So what does the prosecution lawyer mean to overturn the basis provided by law enforcement? "
"We request that the prosecutors present new evidence, or overturn the defense based on the law enforcement parties!"
Su Bai looked at Lu Wei with a slight smile on his lips.
If the conflict cannot be resolved, then the conflict will be directed elsewhere!
If you insist on arguing with me, then go ahead and 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, your defense idea is too wild, right?
Isn’t this a lawsuit?
grass!
Lu Wei almost lost his temper and uttered curse words. He suppressed it and managed to control his expression.
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