You became a lawyer and sent the judge in?

Chapter 192 Dispute in the collegial panel, presiding judge: Do you want to send me in? !

adjournment stage.

In the courtroom, on the prosecutor's seat, Lu Anchang sighed.

Quietly looking at the litigation materials in front of him.

Zhang Meng on the side rubbed his eyebrows and said helplessly: "The other party's litigation attorney."

"The level is very high."

Lu An nodded heavily.

"indeed."

"Originally, the collegial panel was going to judge Chen Bin's intentional crime, but it was stopped abruptly."

"The other party raised objections and also provided legal basis."

"I don't know how the members of the collegial panel will judge next. It's a bit troublesome."

"Um"

Zhang Meng shifted his gaze to the seat of the defendant's attorney, rubbed his temples again, and did not speak.
.
.... ...

And in the recess stage.

In Luo Daxiang's live broadcast room.

Taking advantage of the adjournment period, Luo Daxiang and the fans in the live broadcast room briefly explained the legal interpretation and defense skills of the trial just now.

Su Bai had made the relevant content very clear at the trial.

So for the defense in the trial, Luo Daxiang only made a simple supplement.
.
 …
The collegial panel discusses the room.

This time, the three judges in the case of Chen Bin sat facing each other.

Song Yuanhui put the litigation materials in his hand on the table, frowned, and said solemnly and helplessly:
"The court defense this time is a bit tricky!"

"Originally, our collegial panel has studied this case. You two have no objection to Chen Bin committing intentional homicide, right?"

"But now the defendant's litigation attorney has put forward the point of view of self-defense, and put forward the corresponding legal basis."

"When we made the judgment just now, we encountered objections on the spot."

"Forced to adjourn."

"This time the court is adjourned, I just want to ask you two what you think about the defendant's litigation attorney's suggestion that Chen Bin did not commit intentional homicide, but acted in self-defense?"

Song Yuanhui finished a few sentences in one breath.

Meng Hao, who was sitting opposite Song Yuanhui, picked up the litigation materials on the table and flipped through two pages:

"According to the legal interpretation of criminal intent in criminal law, there is nothing wrong with what the defendant said."

"What we aimed at at the beginning was that Chen Bin used a knife to kill people in this case, and he took the initiative to use a knife to judge Chen Bin's subjective will."

"Now... I think we need to think differently."

Shi Jiaming: "Huh? What kind of thinking do you want to think about?"

"There is no need to change your mind at all."

"Chen Bin caused two deaths and three serious injuries!"

"And he personally admitted that at the beginning, he had the idea of ​​killing someone!"

"Wouldn't it be better to make a judgment directly based on this point? The case itself is either too troublesome or the defendant's lawyer is subjective about some details and comes up with such legal regulations to defend."

"I think the other party obviously intends to delay the trial."

"Or it can be judged directly."

"Before the trial, haven't we already made a general judgment on the case, I think it should be done according to the previous discussion."

Shi Jiaming objected to Meng Hao's statement.

Request a direct decision.

After listening to Shi Jiaming's statement, Song Yuanhui:? ? ?

Who are you cheating on?

What case do you think you are trying?
The excitement of this trial is huge!

If it is really judged as Shi Jiaming said.

If he was sentenced in the morning, he would be on the hot search in the afternoon, and he would be taken away in the evening.

Don’t even think about spending the night at home today!
For Shi Jiaming's words, Song Yuanhui didn't think about it directly, but asked a question:
"If you show that you insist on such a judgment during the discussion in the collegial panel, I will make such a judgment, how about it?"

Shi Jiaming: ...
During the discussion of the collegial panel, if he insisted on doing this... the result would be entirely borne by him.

Shi Jiaming smiled: "Forget it, that's what I said, just joking."

"We must judge in accordance with the law."

Song Yuanhui ignored Shi Jiaming's joke and looked at Meng Hao:
"What do you mean by thinking differently?"

"Should it be considered from the perspective of self-defense?"

"Ok!"

Meng Hao nodded seriously: "I mean, we don't have to substitute Chen Bin's deliberate crime."

"after all."

"According to the current trial situation, the statement of the defendant's lawyer has a legal basis."

"The prosecution's accusation seems a bit weak."

"Ok!"

"I understand, let's wait for the court hearing."

After listening to Meng Hao's general explanation, Song Yuanhui put away the litigation materials and nodded.
.
 …
Soon, the recess is over.

In the sound of the clerk opening the court again, three members of the collegial panel took their seats on the trial bench.

Take your seat.

According to the content of the defense of Su Bai and the prosecutor during the recess.

Song Yuanhui banged the gavel: "The adjournment is over."

"The trial of Chen Bin's case will continue now."

"The defendant believes that Chen Bin performed the function of self-defense in this case. Does the prosecutor have anything to say about this?"

In recess.

Lu An and Zhang Meng have already sorted out their pleas for the next trial.

Faced with Song Yuanhui's question, Lu An took a deep breath and said: "The prosecutor did not agree with the defendant's statement that Chen Bin was exercising the function of self-defense."

"first."

"The defendant has no evidence to definitively prove that Chen Bin's subjective intention to attack Li Fei, Xu Bing and others with a knife was not an intentional crime."

"Confessions of the parties."

"Not enough to form a chain of evidence."

"According to Chen Bin's previous narration, we can make a subjective judgment based on specific scenarios and facts."

"Secondly, the defendant's client proposed self-defense..."

"The prosecution disagrees with that."

"...According to Article No.20 of the Criminal Law, the interpretation of self-defense:"

"In order to protect the country, the public interest, the person, property and other rights of oneself or others from ongoing illegal infringement, actions taken to stop the illegal infringement and cause damage to the illegal infringer shall constitute legitimate defense and shall not be liable for criminal offenses. responsibility."

"Within the understanding and application of this criminal law."

"There is one point: it shows that the implementation of legitimate defense is aimed at the illegal infringer and the stop of the illegal infringer's behavior, and it is a defensive behavior exercised out of the protection of the legitimate rights and interests protected by law."

"When Chen Bin committed the crime."

"Li Fei, Xu Bing and others did not commit any illegal acts against Chen Bin."

"What was Chen Bin doing at that time?"

"Chen Bin was standing in the corner of the room at that time, and no one did any harm to Chen Bin. At the same time, although Li Fei, Xu Bing and others were verbally harassing Chen Bin's mother, He Lijuan."

"However, throughout the entire process, He Lijuan's legal rights were not infringed upon."

"It is completely inappropriate to explain Chen Bin's offensive behavior by using self-defense."

Su Bai: "???"

What does this say?

If there is an infringement, it is an infringement. If there is no infringement, there is no infringement. What does it mean that there is no excessive infringement on He Lijuan's legal rights?

and also.

When you talk about the process, you should explain everything clearly!
Faced with Lu An's statement, Su Bai directly refuted: "We believe that the prosecution's statement is not comprehensive."

"First of all, Chen Bin was standing in the corner of the room."

"For this point, we will not refute it."

"But what exactly happened?"

"The specific process is that after Chen Bin made the call to the police, law enforcement came over to check the scene at the time."

"There is no mediation between the two parties."

"Instead, they simply warned Li Fei, Xu Bing and the others not to cause any other troubles. The general meaning is to say not to go too far."

"Then left the scene."

"What did Li Fei and Xu Bing do after the law enforcement officers left the scene?"

"According to the detailed oral control, the law enforcement officers left, and the violations by Li Fei, Xu Bing and others escalated again."

"Originally, Li Fei, Xu Bing and others only insulted He Lijuan verbally, but after the law enforcement officers left, they escalated to verbal harassment."

"According to the law, the identification of legitimate rights and interests."

"Legitimate rights and interests not only refer to life and health, personal safety, but also personal freedom, personal dignity, etc."

"Li Fei, Xu Bing and others verbally insulted He Lijuan at the beginning, but after the law enforcement officers left, they became even more arrogant, further forcing He Lijuan's personal freedom, insulting her personal dignity, and even The damage to personal health will be caused later.”

"According to the prosecutor's statement, although Li Fei and others did not harm Chen Bin, when Chen Bin took the knife to stop him, the first thing he did was to prevent Li Fei, Xu Bing and others from committing illegal acts against He Lijuan. .”

"Second: When Chen Bin stopped the illegal activities of Li Fei, Xu Bing and others, Li Fei, Xu Bing and others didn't care at all and continued to carry out illegal activities."

"That's why Chen Bin has the behavioral measures to continue to defend."

"Imagine that in that scene, Chen Bin's mother was being violated. He stepped forward to stop her, but the other party did not stop and continued to violate her."

"This kind of violation is not about life and health, but the legal rights and interests of personal freedom and personal dignity."

"In the process of continuing the violation, Chen Bin carried out his defensive behavior."

"Is there a problem?"

"Legal rights and interests do not only refer to the right to life and health."

"At the same time, restricting personal freedom and personal dignity is also an illegal infringement."

"In addition, based on this point, I would like to make a brief statement on Chen Bin's subjective behavior."

"When Chen Bin had the idea of ​​murderous intent, the law enforcement officers hadn't come yet."

"During this period, Chen Bin contacted the relevant law enforcement personnel to solve the problem."

"Then it means that although he has this idea, the first solution he thinks of is to seek the help of law enforcement officers."

"This is his real purpose, so this also rejects the prosecution's statement that Chen Bin only has a confession, and has no other evidence or factual basis."

"Based on the above, we believe that Chen Bin's behavior is an act of self-defense."

After Su Bai finished his statement, he simply collected the information.

On the court seat.

Song Yuanhui summarized the statements of the prosecution and Su Bai.

First of all, from the perspective of the prosecution's statement, the prosecution believes that Chen Bin does not belong to the category of self-defense.

Because Li Fei and others did not illegally harm Chen Bin at that time.

This illegal infringement is mainly aimed at the personal safety of Chen Bin and He Lijuan.

Moreover, Chen Bin's confession is not enough to form a chain of evidence to refute Chen Bin, and there is no subjective intention to intentionally kill.

But relatively speaking.

Su Bai's retort was even sharper.

Su Bai's rebuttal mainly focused on legitimate rights and interests.

The legal rights described by Lu An only refer to personal safety.

But Su Bai suffered from the humiliation from He Lijuan and the nausea from the swear words.

And in the face of Li Fei and Xu Bing's disclosure of privacy, the defense of legal rights based on personal freedom and dignity.

The more important point is that Chen Bin reported to the police.

In other words, after Chen Bin was insulted by his mother's intention to kill, he still called the police.

From this point, then, Chen Bin's subjective intention can be judged.

why?
Because who wants to kill, but goes to the police?

In other words, from this point of view, the evidence presented by the prosecution, which was only the confession, was refuted.

After listening to the arguments of both parties and summarizing them.

Song Yuanhui had an idea of ​​judgment in his heart.

but.…

In the statements of both parties, there is also an important factor involved.

That's law enforcement...
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....
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(End of this chapter)