You became a lawyer and sent the judge in?

Chapter 190 No, you still have to use self-defense to defend yourself in this situation? !

The prosecution statement is complete.

on the bench.

After sorting out Lu An's lawsuit application, the presiding judge Song Yuanhui looked at the seat of the victim's family.

"Now ask the victim's family or litigation attorney to apply for a statement."

Facing the presiding judge's reminder.

Two attorneys representing Li Fei and Xu Bing made speeches respectively.

The content of the speech is very simple.

The general meaning is that Chen Bin needs to pay legal responsibility and criminal responsibility.

And demand compensation for civil liability.

The lawsuit filed by the victim's two attorneys.

Generally quite satisfactory, there are not too many other requirements.

The family members of Li Fei and Xu Bing's family actually only want money.

Nothing else comes to mind.

As long as they can get the money, that's fine. If they can't get the money, it's another story.

After listening to the statement of the victim's family, the presiding judge Song Yuanhui rang the hammer.

"The family members of the victim and their attorneys have finished their statements. Next, the defendant or the litigation attorney will make a statement."

call.…

Hearing the presiding judge's words, Su Bai breathed out softly.

Judging from the current situation in this trial, most of them are not optimistic about the defendant.

indeed.

According to the general situation, the prosecution proposed intentional injury.

Nothing too big of a problem.

Then, according to the results, two people were killed and three people were seriously injured.

It is still an established fact.

You can't run away with a suspended death sentence.

But this is a special situation. Since Su Bai has accepted this case, he has a certain understanding of the legal situation.

Intentional murder?
It is absolutely necessary to refute this charge charged by the prosecution.

This court trial is indeed still a certain degree of difficulty for him.

Especially in certain respects.

This requires the determination of the collegial panel, as well as the collegial panel's tendency to analyze and judge legal provisions.

but.…

Su Bai was already prepared for these things, took a deep breath, and slightly raised his head to look at the presiding judge's seat.

"Good judge."

"Our claim is as follows:"

"We apply to reject the prosecution's case of intentional homicide and recommend the death penalty."

"I think our attack on Li Fei and other debt collectors by wielding a knife under the circumstances at that time is a legitimate defensive act, not an act of intentional homicide."

"Li Fei and other debt collectors entered Chen Bin's home and violated Chen Bin's mother He Lijuan. This is already an illegal act."

"Chen Bin's attack was based on this established factual condition, and his behavior can be regarded as an act of self-defense."

"Based on the above, we plead not guilty."

"Apply to dismiss the prosecution's proposal and affirm our acquittal."

When Su Bai's voice fell.

In the court hearing, not only Lu An's expression was a little surprised, but even the members of the collegial panel in the presiding judge's seat were a little surprised,

Because judging from this case...

Chen Bin's criminal facts are clear, the evidence is conclusive, and he carried out the attack with his own knife.

Chen Bin was not beaten during this process.

It was a legitimate defensive act, which puzzled other people at the trial.

Especially Lu An...

As the organizer of this case, Lu An has a very clear understanding of the whole case and related facts and evidence.

It is too much to say that it constitutes a defensive act, and it is still a defense of innocence.

Not guilty plea.

This is what surprised the members of the collegial panel, because no matter how you look at it, this trial does not belong to the circumstances and scope of innocence defense.

Boom boom boom!
On the presiding judge's seat, Song Yuanhui struck the gavel.

"The litigation applications of all parties have now been stated. Now, please start to state the factual basis and legal basis."

"But first of all, I would like to ask the defendant's defense lawyer, is the defendant sure to plead not guilty?"

"Yes presiding judge."

After hearing Su Bai's answer, Song Yunhui then looked at the prosecution.

"Let's ask the prosecution to make a statement."

"Ok."

Lu An sized up Su Bai, and then began to make a statement.

"The prosecution does not agree with the defensive behavior proposed by the defendant's party."

"The prosecution believes that the facts of Chen Bin's intentional homicide are solid, and there is a confession and factual evidence basis."

"The crime of intentional homicide is divided into various situations. Among them, Chen Bin's confession can clearly understand his subjective psychological state at the time."

"His psychological subjective situation at the time was that he saw his mother being bullied, so he had the urge to kill. This was his primary subjective."

"This primary subjectivity has shown that he has the will to kill, and he has put it into action."

"During this process of action, Chen Bin had enough time to think, and under the circumstances at that time, Chen Bin was not attacked."

"In other words..."

"The situation at that time left Chen Bin with a lot of independent subjective conditions. It was his subjective wish to choose to attack with a knife. It is an established fact that Li Fei, Xu Bin and the other three were seriously injured."

"Under this circumstance... Chen Bin's behavior has constituted a serious act of endangering society and caused the death of others."

"The majority of justifiable self-defense refers to the outbreak of resistance in the process of infringement, and the behavior of stopping the perpetrator in terms of subjective will, resulting in the death of the other party."

"Only in this case can it be called a legitimate defense, and its legal responsibility will not be pursued."

"Situations like Chen Bin's do not reach the level of legitimate self-defense."

"Prosecuting for intentional homicide applies the law. Therefore, the prosecution filed an application to the court to judge Chen Bin for intentional homicide."

"The prosecution has submitted relevant factual basis and evidence."

"The prosecution's plea is over."

There is sufficient evidence and factual basis.

After Lu An finished his statement, he looked at Su Bai who was sitting in the defendant's seat.

He really wanted to know what angle the other party would use to defend his defense.
.
 …
at the same time.

After listening to the prosecution's defense, Song Yuanhui also turned his attention to the defendant's seat.

"The prosecution has stated the relevant factual basis and evidence, and now the defendant is invited to start the statement."

"Ok."

Su Bai nodded slightly: "Judge, first of all, before making a statement, I would like to refute a point of view of the prosecution."

"The prosecution's statement indicated that Chen Bin's subjective wish was to protect his mother and had the idea of ​​killing someone. Therefore, it is confirmed that Chen Bin committed a crime intentionally through this."

"From this point I would like to refute."

"The reason is as follows. What the prosecution said is based on our confession that we have a tendency to intentionally kill someone."

"However, according to the statement of the prosecution and our party and the evidence submitted by the law enforcement party, I did not see where this piece of evidence is."

"In the interrogation process and procedures submitted by the law enforcement party."

"Our confession is that the client took the knife to protect his mother from being humiliated."

"And our party also explained the situation at the time and his own starting point."

"The situation was that He Lijuan, Chen Bin's mother, was being humiliated."

"Li Fei and Xu Bing exposed their privacy, made verbal teasing, and forcibly tore He Lijuan's clothes by themselves."

"According to the confession of our client and the evidence submitted by the law enforcement party, He Lijuan was wearing a beige short sleeve at that time. At that time, Xu Bing used his right hand to pull the short sleeve of He Lijuan's left arm to a position ten centimeters below her shoulder."

"In this case, Chen Bin used a knife, which led to the subsequent situation."

"However, throughout the interrogation, our client's statement, and other evidence and evidence, it was never said that our client had the idea of ​​killing people at that time."

"I don't know where the prosecution came from for this argument. I also ask the prosecution to present relevant factual basis and evidence..."

As for what Lu An said, Chen Bin saw his mother being bullied at that time, so he had the idea of ​​​​killing someone.

On this point, Su Bai did not see the evidence submitted by the other party.

What's more, he asked Chen Bin if he had said such things.

Chen Bin shook his head and said no.

So, if the prosecutor said this, it would obviously be misleading to the court's verdict.

This must be refuted.

Facing Su Bai's question, Lu An said, "The situation at that time was obtained from the law enforcement party's questioning of Chen Bin."

"Based on Chen Bin's confession and subjective wishes."

Law Enforcement Inquiry?

Su Bai frowned slightly, and searched for the relevant evidence, but found nothing in the interrogation statement or the relevant evidence.

So he spoke:
"Then, please present the factual basis and evidence that the law enforcement party came to this conclusion based on Chen Bin's confession and subjective wishes."

In response to Lawyer Su's sudden grasp of this matter, Lu An frowned slightly.

Because what he described just now is indeed based on what a law enforcement officer said.

But if he is asked to present factual basis and evidence...

This is really not easy to take out.

At the same time, Lu An was annoyed in his heart, why did he say such a sentence.

As a result, Su Bai caught the loophole in his language and extended the trial time.

but.…

Although it was said that such a small loophole was caught, it did not affect the subsequent results of the trial.

It's just a little troublesome.

Facing Lu An's silence, Su Bai knew in his heart that in this trial, the object of the trial was the prosecution's accusation and the presiding judge's subjective wishes.

This is a troublesome thing.

So continue to speak:
"According to the evidence submitted in this case, the law enforcement party did not provide evidence in this regard, and what the prosecution said is entirely based on the prosecution's personal judgment."

"We have the right to doubt the legality of this evidence."

"If it is evidence that induces or forces our party, it is illegal evidence, and we have the right to reject such evidence."

"Presiding judge, I request our party to make a statement on the situation described by the prosecution to verify whether the prosecution has provided false evidence."

On the presiding judge's seat, Song Yuanhui frowned slightly. He didn't expect that according to the prosecution's statement, Su Bai would directly ask to prove the legality and illegality of the evidence.

Of course, he was also aware of Su Bai's purpose. The first objective of rejecting this kind of evidence was to determine that Chen Bin had no intention of killing someone intentionally.

Looking at the defendant's seat, Song Yuanhui slowly said: "Then let's ask the defendant to state whether what the prosecutor said is true."

"If it's true, what was the situation like at the time?"

Facing the presiding judge's questioning, Chen Bin glanced at the position of the defendant's attorney.

Previously, Su Bai had explained to him how to answer various questions in court.

According to what Su Bai said, he only needs to truthfully answer the questions raised by the presiding judge.

Thinking of this, Chen Bin said, "The judge."

"What the prosecution said was not true."

"I don't know what the prosecution said. He said that I killed people intentionally. I don't know where this view comes from."

"There are indeed law enforcement officers who have asked me similar questions."

"I don't remember the details of the question very clearly, but I can vaguely remember that the law enforcement officer asked me why I stabbed Li Fei and Xu Bing with a knife."

"My answer at the time was that I couldn't watch them bully my mother."

"Although I'm young, I can't hit a dozen people by myself, but I know that I must protect my mother. I can't let my mother be bullied like that by others."

"Then the other person asked me if I wanted to kill them when I saw them bullying my mother."

"I answered that I thought so."

"Probably the content is like this, I can't remember the specifics."

As the presiding judge, Song Yuanhui continued to ask: "So, under what circumstances was it recorded? Or under what circumstances were you asked?"

"At that time, I remember that it was when I was escorted... probably on the way to escort me to the police station. I was asked a few similar questions when I was detained, but there was no record at that time."

"Are you sure you didn't take notes?"

Regarding the latter question, Chen Bin frowned and shook his head:
"I'm not sure, because I was released on bail for too long. It has been several months now, and I don't remember it very clearly."

dong dong!

"Ok."

After listening to Chen Bin's answer, Song Yuanhui sounded the gavel and simply sorted out the case.

After taking a deep breath.

He glanced inadvertently at the defendant's litigation attorney's seat.

If this case is replaced by other lawyers to defend Chen Bin.

Maybe the trial will go relatively smoothly.

But in the face of Su Bai as the litigation representative of the defendant.

To be honest, there are still some troubles if this case is to be further advanced.

It is necessary to dig out the details of the case step by step.

A little troublesome.

but.…

These issues are minor issues. The main issue is how to judge the case properly.

After all... As a case of live trial, this case still has a certain popularity, and it is easy to reach millions of views.

Song Yuanhui recited silently in his heart.

PS: Ask for a monthly pass~

(End of this chapter)