You became a lawyer and sent the judge in?
Chapter 48 Court statement, second adjournment!
On the bench of the presiding judge.
Lin Youping looked at the materials on the table and banged the gavel:
"Now both the litigant and the prosecutor have finished presenting their respective defense opinions."
"Then let's move on to the last item, the court statement."
The presiding judge Lin Youping looked at the prosecutor's seat: "Now it is up to the prosecutor to make a statement."
The trial reaches 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 verdict in court!
Lu Wei looked at the materials placed on the table. 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 when the other party had lost his ability to act, he continued to cause certain injuries and resulted in 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 harm Qi Feng caused 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 we should consider whether the sentencing is appropriate. We should give a harsher sentence and give an acceptable punishment to the two deceased people who lost their lives and their families."
For now.
Since Qi Feng cannot be judged to have intentionally caused harm, it is necessary to make a statement and try to increase the sentence as much as possible.
This was the last thing Lu Wei could do.
Lu Wei raised his head and looked at the presiding judge's seat: "Presiding Judge, our statement is complete."
Boom!
Lin Youping banged the gavel.
"The prosecution has finished its statement and now the litigant is invited to make a statement in court."
hiss.
Here comes the most critical point.
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.”
“As for the determination of the outcome of the trial, we must ensure that judicial decisions 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!"
"President, I would like to insert something else relevant to this."
Su Bai spoke.
Lin Youping banged the hammer: "Agree."
"Good judge."
Su Bai nodded and continued:
"In the case of Qi Feng, the number of short videos on the Internet has reached hundreds of millions of views, and one of them recently had a very high number of views. In the reposted 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 Qi Feng’s case is because Qi Feng represents our public psychology.
Who wants to be unable to fight back when they are bullied?
If we are found guilty of assault or intentional injury when we fight back, do we have to watch ourselves being bullied and then take up legal weapons after being bullied?
Delayed justice, or the justice we want? "
"Although there are certain problems expressed in this passage, it represents the voice of our public! It represents the resonance of the public!"
"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 perpetrator has the ability to continue the violation!"
"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. Infringement, isn’t this an aggravation of the victim’s harmful behavior?”
"The determination of legitimate defense and excessive defense should be based on the environment. Qifeng'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 other people's legitimate rights and interests, then how can other people's legitimate rights and interests be protected!"
“To borrow a comment from a netizen, are rights that stand 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 looked up at the trial stand.
On the trial stage, after listening to Su Bai's statement, Lin Youping frowned slightly and was silent for a few seconds: "Litigator, do you have any evidence 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 presiding 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.
Boom!
Lin Youping struck the hammer.
"Now enter the adjournment!"
"Thirty minutes later, the court 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 presiding judge's original intention was to determine that the defense was excessive.
But after his court statement and final defense, he decided to change his decision!
But how to determine it specifically is hard to say!
Su Bai's eyes fell on Qi Feng, and he nodded imperceptibly without saying anything.
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, but just glanced at it lightly.
Seeing this, Lu Wei withdrew his gaze and stared at the 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 the debate in this trial 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.
The pressure of this trial is a bit high. The case can already be regarded as a classic case, which will test the ability and level of the presiding judge.
When Lin Youping heard what the two people said, he nodded slightly and 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.
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