You became a lawyer and sent the judge in?

Chapter 193 Judgment: Not Intentional!Netizens are hot!
According to the statements of both parties and the counterargument of Su Bai's statement.

Now there is basically no problem with the judgment of Chen Bin's subjective will.

after all.….
After Chen Bin had the idea of ​​deliberately killing Li Fei and Xu Bing, he called the police.

Such an act can be judged as a denial of Chen Bin's previous subjective intentional injury.

Based on this, and through his confession, his subjective will can be judged as an unintentional crime.

With regard to Chen Bin's behavior, the rest of the defense is very simple.

Song Yuanhui said silently in his heart.

only.….
This is a live broadcast of the trial!
Su Bai directly used this alarm behavior as evidence to assist Chen Bin's subjective will.

This case is so hot, when the live broadcast of the trial is broadcast, the public will discuss the verdict of this case and other aspects.

There will definitely be intense discussions on why the case was brought about by calling the police.

It's a hassle.

but.…

No matter how much public opinion there is in the follow-up, no matter how serious the situation is, it has nothing to do with their court. He only needs to sentence him as he wants.
.
....
Song Yuanhui said silently in his heart, looked away from the litigation materials, and rang the gavel: "According to the pleas of both parties."

"The following summary is now made."

"According to the prosecution, when Chen Bin saw his mother being bullied, he developed hatred towards Li Fei and others. Based on this, it can be determined that Chen Bin committed a deliberate crime in his subsequent actions."

"To this point raised by the prosecution."

"After discussing the specific circumstances of the case and the relevant legal basis, the collegial panel made the following judgments in combination with subjective and objective facts:"

"One: When Chen Bin developed hatred for Li Fei and others, he did not commit any criminal acts. According to the understanding and application of criminal law on intentional crimes, Chen Bin does not constitute the conditions for intentional crimes."

"Second: Supplementary evidence includes: Chen Bin's own confession and subsequent police actions when he came up with this idea."

"Through reporting to the police, it can be seen that Chen Bin's hatred for himself could be controlled at that time, and he adopted the correct method, that is, calling the police to deal with it."

"Three: According to the scene at the time, in terms of subjective and objective facts, Chen Bin had the idea of ​​committing an impulsive crime at the beginning, but he did not implement it. conduct in the event of further insult."

"based on above."

"After discussion, the collegial panel determined that in this case, Chen Bin did not have subjective intentional behavior."

dong dong!

The gavel sounded.

"Are there any objections from all parties?"

This time Song Yuanhui's judgment of knocking the gavel was completely different from the last time.

The last time it sounded, it was a subjective and deliberate act.

But this time, there is no subjective intentional behavior.

Once this judgment is established, Chen Bin will not be charged with intentional homicide or intentional crime, and will be directly transferred from the death penalty to a fixed-term prison sentence.

Su Bai definitely agreed with the court's decision.

"We have no objection."
.
....
At the prosecutor's seat.

Faced with this judgment, Lu An looked calm.

After Su Bai refuted and pointed out that Chen Bin had reported to the police.

He already knew that the collegial panel might determine that Chen Bin was not intentional.

For this judgment.

As the prosecutor, he has already stated what should be stated, and there is indeed nothing to object to.

only.….
It is not subjectively intentional, but it is judged as unintentional homicide.

In this case, he did not agree that Chen Bin acted in self-defense.

why?
Because the other party caused the death of two people and the serious injury of three people.

Especially in this case, he still accused Chen Bin of intentional homicide and recommended the death penalty.

Even if it is determined that it was an involuntary homicide.

But if it is determined to be an act of self-defense, then what does he, the prosecutor, say...
It also appears to be too low.

Zhang Meng on the side saw Lu An's thoughts, and his eyes signaled him to calm down.

Lu An took a deep breath, nodded silently, and then said, "Judge, we have no objection."
.
 …
At this time, the family members of the deceased in the victim's seat asked their lawyers:

"Lawyer, this doesn't affect our asking for money, does it?"

Appointing a lawyer: "..."

"It doesn't affect."

"That's good, as long as it doesn't affect the money."

Li Fei's wife nodded seriously.

On the other side, Xu Bing's family members also asked, and when they got the answer, the expression on their faces eased a lot in an instant.

For the families of the victims in this case, there is only one request, and that is to take money.

All judgments are made around this.

It doesn't matter if they ask for money.

For Li Fei's wife and Xu Bing's family.

They didn't have much affection for Li Fei and Xu Bing.

Because Li Fei and Xu Bing are debt collectors, they usually go out to collect debts.

After collecting the debts, you can get a lot of money, but you don't take any cents home.

After earning money, they mess around outside.

Take Li Fei's wife as an example. She takes care of the two children and relies on her usual odd jobs to subsidize the family.

And Li Fei's parents relief.

But Li Fei didn't care about it, and when he returned home, he even insulted and attacked his family.

The situation in Xu Bing's house is similar to that in Li Fei's house.

Therefore, the families of the two people naturally don't have much affection for them.

Even for the two families, this is actually a good thing.
.
 …
In court.

After the verdict came down, the defendant should be the happiest.

Hearing the verdict.

Chen Bin's face turned red with excitement. He knew that he could not be sentenced to death!

The melancholy face of He Lijuan on the side instantly turned into joy.

Although she doesn't understand the law, she knows what this judgment means.

During Chen Bin's detention, as a mother, she learned a lot about relevant legal content.

Generally speaking, they are about how to avoid being sentenced to death if you commit a crime and kill someone.

In other words, how can a sentence of reprieve be granted.

Among them is the difference between intentional and unintentional.

The determination of non-subjective intention means that Chen Bin has directly become a fixed-term imprisonment!

He Lijuan looked at Su Bai excitedly, and Li Xuezhen patted her shoulder gently: "Trust Lawyer Su"

"OK.."

He Lijuan nodded seriously.
.
 …
At the same time, Luo Daxiang broadcasted in the studio.

Many fans commented in the comment area, most of which were aimed at the judgment of the presiding judge.

"Hahaha! Damn it! Lawyer Su is too cruel. Such an accusation of intentional crime has been turned into unintentional by Lawyer Su? Doesn't that mean he will be acquitted?"

"The determination of non-intentional is just to say that the death penalty will definitely not be imposed. Where did the acquittal come from? It is very difficult to acquit in this case. After all, two people were killed and three were seriously injured!"

"That's true! But it's amazing to change from the death penalty to a fixed term!"

"indeed!"

When other people commented on the court trial and related matters, a different point of view suddenly appeared in the comment area.

"Attorney Su did a great job in this trial."

"But more than this, I am more concerned about the situation at that time, why no one drove away the group of debt collectors who broke into Chen Bin's house!"

"You know, those debt collectors have already entered Chen Bin's house! I don't know much about the law, but I also know that these debt collectors entering Chen Bin's house are equivalent to infringing on other people's rights, right?!"

"Should it have constituted an illegal act?"

"If the group of debt collectors were driven out of Chen Bin's house and dealt with at that time, it is estimated that there will be no such case now, and it will not cause the death of those two debt collectors!"

"Fuck! I just realized what you said. This thing is indeed true. Judging from Lawyer Su's defense, it seems that these debt collectors were not driven away, so they became more and more arrogant. Later, they directly attacked Chen Bin's mother He Lijuan. of!"

"Speaking of this, I suddenly became interested! After this trial, could it be that lawyer Su just finished the trial and then went to the supervision and inspection department? After the lawsuit, he will arrive in half an hour?"

"Ahem... I don't think so. Lawyer Su is from Nandu. He has been to the department in Nandu a lot. He knows where it is. The one in Beidu may take a little time. I guess it may take an hour."

"Hahaha, I'm looking forward to it!!"

“+1+1+1+1+1+1”

"..."

Luo Daxiang looked at the discussion in the comment area and smiled slightly.

According to Su Bai's personality.

In this case, it certainly wouldn't be the case.

Su Bai's personality is specific to the cases he takes over, and he will never miss those criminals.

Follow up...

If he didn't expect, there should be another typical case to fight.

However, the case against Chen Bin has not yet been resolved.

For the time being, we need to look at the current trial situation.

only.…

No matter how you say it, Chen Bin's case resulted in two deaths and three serious injuries, and he was acquitted... It's very suspenseful.

The last time Qi Feng was acquitted, it was because the presiding judge at that time had the idea of ​​promoting self-defense.

And he is also the vice president of the High Court, with a relatively higher level.

However, Chen Bin's case was heard by an intermediate court, and the presiding judge was relatively low-level, so the sentence would be more conservative.

All of the above are Luo Daxiang's conjectures.

As for how to judge, he is not very clear.

Shaking his head, without continuing to think about it, Luo Daxiang refocused on the courtroom.
.
....
In the courtroom.

On the presiding judge's seat.

Song Yuanhui made a judgment on Chen Bin's subjectivity, and after hearing that there were no objections from all parties, he nodded slightly.

There is no objection to this decision.

Then the next progress can be better advanced.

According to the statements of both parties, Song Yuanhui could see that in this trial, one of the parties requested a judgment of self-defense, while the other requested a judgment of guilt.

Su Bai's idea is very clear, that is to defend in self-defense.

The direction of the next debate for the prosecution is also very clear.

Since it was not intentional, the statement will be made as an act of excessive defense.

In fact, in this court trial, Su Bai has already won the case, but it is still the same sentence.

For Su Bai, winning the lawsuit is not the goal.

The goal is to win as much as possible!

dong dong.

The hammer sounded, and Song Yuanhui looked at the litigation materials and the evidence submitted by both parties to prove that he said:
"Both parties have no objection. According to what the defendant put forward, you believe that Chen Bin was exercising legitimate defense. So what do you think is the reason for Chen Bin's legitimate defense?"

"Let's invite the defendant's legal representative to make a statement."

"Okay, presiding judge."

Hearing the presiding judge's inquiry, Su Bai knew that this was the final verdict.

Take a breath:

"We believe that the reason for Chen Bin's legitimate defense is:

Li Fei, Xu Bing and others, under the circumstances at the time, seriously violated their legal rights to personal freedom and dignity. "

"And this illegal infringement has been going on and continuing."

"The actions we have implemented are to prevent Li Fei and others from continuing to carry out illegal infringement on us."

"That is to say, we believe that our side is a legitimate self-defense."
.
...

dong dong!

"Does the prosecution have anything to say?"

Lu An said:
"For some presiding judges, we believe that the other party does not belong to legitimate defense, and should be deemed as excessive defense."

"First, based on the understanding and application of justifiable defense, and the circumstances that do not belong to justifiable defense."

"Circumstances that do not belong to justifiable defense include: inappropriate defense, imaginary defense, excessive defense, defensive provocation, accidental defense, mutual fighting, etc."

"In the case of Chen Bin, it is obviously a case of excessive defense."

"First of all, when judging whether the defense is excessive, one should consider the nature, means, intensity, and degree of harm of the unlawful infringement, as well as the nature, timing, means, intensity, environment, and damage consequences of the defensive act."

"Anything that unlawfully restricts the personal freedom of others and is accompanied by insults, minor beatings and unlawful infringements that are not very urgent, resulting in death or serious injury."

"It should be determined that the provisions of the second paragraph of Article 20 of the Criminal Law obviously exceed the necessary limit and cause major damage."

"In the case of Chen Bin, Li Fei, Xu Bin and others' unlawful infringement on He Lijuan and Chen Bin was obviously only an insult and a slight beating, and did not cause serious consequences or injuries."

"However, Chen Bin's use of knives caused two deaths, three serious injuries and several minor injuries to other people, which obviously exceeded the necessary limit and caused major damage."

"So we believe that in this case, the judgment should be based on the fact that the defensive measures clearly exceeded the necessary limits and caused significant damage."

"Based on the above behavior, we ask the court to severely sentence Chen Bin for his behavior."

"Judge, our statement is over."

The statement is over.

Lu An briefly sorted out the litigation materials.

The court determined that Chen Bin did not do it intentionally.

In accordance with legal regulations and interpretations, he does not have any opinions.

However, he did not agree with the determination of self-defense.

Because Chen Bin's actions clearly exceeded the limit of legitimate self-defense.

Of course, Lu An's statement needs to be judged by the court.

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(End of this chapter)