You became a lawyer and sent the judge in?

Chapter 191 Refuting the Judgment!Raise objections!
Many people have paid attention to Chen Bin's case.

Song Yuanhui's consideration is very good.

At present, it is only those who watch through the trial live broadcast network.

It has reached nearly 20 people.

This is still the flow of people who have just opened the court for half an hour.

The traffic of people passing through the live broadcast room of the legal critics adds up to more.

If the verdict is bad...

Well, for him, the main judge, it will definitely have a certain impact.
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.... ...

at the same time.

In Luo Daxiang's law review live broadcast room, many people were watching the content of the trial.

The comment section is also very interesting.

"Lawyer Su, as expected of Lawyer Su, he always defends his innocence!"

"Haha! I have to say that I support Chen Bin in this case. When someone brought a dozen big men in to humiliate his mother and make such disgusting actions, I can only say one thing, I deserve to be stabbed. If I, I Two extra knives!"

"No problem!"

"To be honest, everyone may encounter this situation. If Chen Bin is really sentenced to lose, I have no opinion, but... I still feel a little uncomfortable psychologically."

"Well! But there is a turning point in this case, right?"

"We saw that Lawyer Su just refuted the evidence presented by the prosecution. Can anyone tell me what this evidence is about?"

"Could it be that the law enforcement party is suspected of making false evidence?"

"..."

"You can't talk nonsense!!"
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....
Luo Daxiang saw this evidence being discussed in the comment area and explained with a smile.

"This evidence has not been submitted to the court, and it is not suspected of falsifying evidence."

"It's just that the prosecution raised this matter... Attorney Su refuted this point."

"However...this also negates the subjective wishes of Chen Bin proposed by the prosecution."

"So the current main point of defense is to make a rough judgment on the subjectivity of Chen Bin attacking Li Fei, Xu Bing and others with a knife at that time."

"However, since Chen Bin himself admitted that he had the idea of ​​killing someone, it is quite troublesome to deny the subjectivity of intentional killing."

"To be honest, I haven't had a deep understanding of this case, and I don't know much about the specific situation."

"But the defendant's lawyer, as the top criminal lawyer in the country, should respond to this aspect."

"Let's keep watching. The next defense in this trial should be quite exciting."

Luo Daxiang spoke with a smile, and the people in the live broadcast room turned their attention back to the court hearing.
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....
In court.

Song Yuanhui sounded the gavel after listening to the statement of Chen Bin, the client.

"According to the prosecution, Chen Bin's criminal subjectivity was that he saw his mother being humiliated, so he had the idea of ​​killing."

"Chen Bin's oral opinion is:"

"When I saw my mother being bullied, I had the idea of ​​killing someone in my heart."

"According to Chen Bin's statement in court:"

"Based on this, Chen Bin has the subjective intention of murdering. Are there any objections from all parties?"

Lu An: "No objection."

???

Needless to say?

There must be objections!

If this judgment is really reached, it will be basically impossible for the case to continue to be defended through defense.

Su Bai raised his hand to signal: "Judge, I disagree with this judgment."

"Any objections?"

Song Yuanhui frowned slightly.

Su Bai ignored Song Yuanhui's displeasure, and continued:
"First of all, according to the judge's judgment just now——

Seeing his mother being humiliated, Chen Bin had the idea of ​​killing someone, and decided that Chen Bin's subjectivity was intentional killing. "

"We don't agree with this."
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...

"Why do you decide to be different? State your legal basis."

"Ok!"

Su Bai said:
"According to common sense and the objective facts of the situation at that time, Chen Bin had the idea of ​​committing a crime because his mother He Lijuan was humiliated."

"But the thought of committing a crime does not equate to committing a crime."

"According to criminal law, an intentional crime refers to the fact that the perpetrator knows that his criminal behavior will cause harm to society in the process of committing a crime."

"The focus of an intentional crime is the perpetrator. In the course of action to commit the crime."

"Then, did Chen Bin have the idea of ​​murder in the process of committing a crime?"

"Not really."

"Chen Bin had the will to kill when he saw his mother begin to be humiliated. At this point in time, he has not committed any criminal acts."

"How to judge the intentionality of the actor is a very complicated issue, and the principle of consistent subjectivity and objectivity must be adhered to."

"It is necessary to consider not only the perpetrator's cognitive ability, but also the objective environment of other crimes and the whole process of the crime."

"So we think that just because of the sentence that he once had the idea of ​​killing, we can conclude that Chen Bin's subjective intention was to kill when he was holding the knife at that time."

"Too arbitrary and without any legal basis."

"Consider the process of the incident."

"Chen Bin's mother was being bullied at the time. Chen Bin was standing in the room with several other people staring at him."

"In this case, Chen Bin's mother is the victim, so is Chen Bin the victim?"

"We believe that Chen Bin's subjective intention should be considered from the process of Chen Bin's behavior in holding the knife."

"Instead of Chen Bin having the intention to kill at the beginning, it is judged that Chen Bin has the subjective intention to kill."

"So for the judgment just now, we believe that it is completely an error in the application of the law!"

"I would like to ask the members of the collegial panel to consider this factor before continuing to determine whether Chen Bin committed a crime intentionally and the circumstances of intentional homicide."

"If the members of the collegial panel can come up with legal facts or basis to make a judgment on this, we are willing to listen to the legal interpretation of the members of the collegial panel."

hiss.…

on the bench.

The presiding judge Song Yuanhui silently glanced at the other two judges to his left and right.

Noticed the serious faces of the other two judges.

Although I was angry at Su Bai's way of questioning in court.

But what people say is justified!

According to the legal interpretation stated by Su Bai, his judgment just now is indeed somewhat untenable.

Intentional crime is when the perpetrator commits the crime, not according to his mental state.

Since Su Bai raised such an objection.

And put forward the relevant legal basis.

According to the procedure, such a decision must be rejected and a new decision must be made.

dong dong!

The gavel sounded.

"The defendant objected to this judgment, and put forward the relevant legal basis, and the court accepted the objection of the defendant."

"Then the defendant thinks, what was Chen Bin's subjective intention in the process of holding the knife and going to get it?"

"Please ask the defendant's litigation attorney to make relevant statements about Chen Bin's subjective intentions."

"Good judge."

Facing the presiding judge's question, Su Bai nodded slightly and said, "President, about Chen Bin's subjective intention."

"I would like to ask Chen Bin to answer a few questions in court."

"application passed."

"Okay, thank you presiding judge."

After obtaining the consent of the presiding judge, Su Bai looked at Chen Bin and asked:
"Chen Bin, when you stabbed Li Fei and Xu Bing with a knife, what were you thinking?"

"My thought at the time was that they were bullying my mother, and I would not allow them to bully my mother."

"So, the moment before you took the knife, did you want to kill them?"

"I don't.…"

"I just remember that when Li Fei was playing with his private parts, I was really angry, very angry, until I saw Xu Bing pulling my mother's clothes, I couldn't control it."

"There is only one thought in my mind, that is, no one is allowed to bully my mother, no one."

"Then when did you have the idea of ​​killing them?"

"It was when they pushed my mum's head into the toilet, which was still stained.

I watched my mother struggling non-stop, but the group of people still pushed my mother's head into the toilet, and I had this impulse and thought in my heart. "

"I really hated that I didn't have any ability to resist at the time. I watched my mother being bullied by other people, and I felt very uncomfortable."

"Why do they bully people?"

"Yes, my family borrowed a usury loan, and they should pay it back, but don't they know their interest rate?"

"We have only borrowed for a month, and the interest has almost doubled!"

"They have come to so many people to collect debts, why don't they want to speak up?"

"We haven't reached the repayment date yet. Why don't they listen to our explanation and force us to pay back the money?"

"I just think we can't get the money out, so I want to force us to sell our assets!"

"But we never said we wouldn't pay back!"

"Why should you insult my mother?"

"My mother is so old, why should she be insulted by them?"

The more Chen Bin talked, the more excited he became, and his emotions were out of control.

dong dong!

Song Yuanhui banged the gavel, and Chen Bin calmed down.

Su Bai continued to ask:

"When you saw your mother He Lijuan being humiliated, you had a crazy idea. Why didn't you take action immediately?"

"I dare not...I'm afraid."

"Okay, thank you for your cooperation."

After Su Bai finished asking, he turned his head to look at the presiding judge's seat: "Chen Bin has made his statement very clearly."

"His subjective intention at the time was to protect his mother, He Lijuan."

"It's not the so-called killing in anger."

"Using knives to cause the deaths of Li Fei and Xu Bing is not what Chen Bin wants to see."

"According to the explanation of intentional crime, although Chen Bin had such an idea, in fact, Chen Bin was afraid in his heart at that time."

"When committing criminal acts, there is no hope or laissez-faire attitude towards the occurrence of harmful results."

"According to this, Chen Bin's behavior does not constitute the intention to commit a crime in criminal law."

"So we believe that under the circumstances at that time, what Chen Bin did was just a defensive act to protect his mother."

"We applied for the members of the collegial panel to judge Chen Bin's subjectivity at that time."

"Judge, we have finished our statement."

After Su Bai finished his statement, Song Yuanhui frowned slightly on the presiding judge's seat.

In fact, he never thought that Su Bai would defend his innocence.

After all, this case resulted in two deaths and three serious injuries!

And it was Chen Bin who took the initiative to commit crimes with a knife.

He thought that Su Bai might make a plea for commutation of sentence.

For example, pleas for sentences of life imprisonment and death reprieve.

This is not the same as his determination of this case.

but!

The point is that what Su Bai said is based on legal basis and factual evidence.

Even if it's not what he thinks it is.

But for Song Yuanhui, the most important thing in a case is to judge it according to legal basis and facts.

He can't judge blindly...

Facing Su Bai's application.

Song Yuanhui looked at the other two members of the collegial panel, Shi Jiaming and Meng Hao.

Both Shi Jiaming and Meng Hao shook their heads slightly.

Faced with this situation, they were also a little surprised, and further discussions were needed before they could make a judgment.

dong dong!

Song Yuanhui sorted out the litigation materials, and sounded the gavel: "Now the court is adjourning."

"After half an hour, the trial will continue."

Accompanied by the members of the collegial panel stood up and left the court hearing.

Su Bai was stunned for a moment...

Adjournment...?
Is this the legal basis stated by the members of the collegial panel and myself? Are their opinions inconsistent?
So do the discussions after the adjournment?

hiss.…

If this is the case, then this case may be even more difficult to fight in the future.

Until the defense later...

Then it depends on the tendency of the members of the collegial panel...

But this kind of problem is not big.

If the verdict and facts are too biased.

Not to mention hot searches, the Beijing Metropolitan Supervision and Inspection Department, he had already asked Li Xuezhen to explore the way.

When the time comes to go to the supervision and review department in Beidu, isn’t that a familiar journey?

PS: Ask for a monthly pass~

I wish you all a happy Qixi Festival~

(End of this chapter)