You became a lawyer and sent the judge in?

Chapter 194 The other party illegally invaded my home. I was acting in self-defense. Is there any problem?
The biggest difference between legitimate defense and excessive defense is: the limit of defense.

The question of the limits of defense.

It probably means how much the perpetrator's illegal infringement on you will have consequences.

and the consequences of your defensive actions against the perpetrator.

Comparing the two, is there any obvious asymmetry.

For example, the other party only verbally humiliated you and only slightly pushed you, but you stabbed the person with your backhand, causing serious injury or death.

In this process, even if you are acting defensively.

But he will also be sentenced for excessive self-defense.

Because the other party's slight pushing and shoving did not pose much threat to you, but your defensive behavior caused great harm to others.

Apparently it's more than necessary.

Exceeding the necessary limit is considered excessive defense, not justifiable self-defense.

After Lu An finished his statement.

On the seat of the trial table, Song Yuanhui briefly sorted out the relevant situation of Lu An's statement.

"The prosecution has already stated the corresponding circumstances."

"The defendant's attorney ad litem is requested to make a statement."

"Good judge."

Question about limits.
Su Bai also knew that it would be more troublesome to make a plea on this point.

The main thing is to look at how the presiding judge treats the case and the illegal infringement.

Judgment of illegal violations of mental and personal freedom and dignity.

Judging from previous judgments, Chen Bin is likely to be judged as an over-defensive.

Moreover, there is absolutely no problem with Lu An's statement of the connection between legitimate defense and excessive defense.

If the presiding judge judges from this perspective, then Chen Bin's sentence may be relatively heavy.

Therefore, Su Bai's defense needs to start from the understanding of legitimate defense.

And from the perspective of how to slow down and reduce Chen Bin's sentence if the presiding judge really stood in Lu An's perspective.

to be honest.

It is the following statement, even if Chen Bin cannot achieve a legitimate defense, he should try his best to reduce the sentence of Chen Bin's sentence for excessive defense.

Understand this line of thinking.

Su Bai bowed his head and took out the litigation materials and began to state: "The presiding judge."

"We disagree with the prosecution's point of view."

"The following is our relevant response to this case:"

"The first thing is to look at the case as a whole."

"During the whole process of the case, Chen Bin's defensive behavior was caused by the step-by-step escalation of illegal infringement."

"At the very beginning of the case."

"Li Fei and others only made verbal threats and insults, and then it rose to behavior."

"During this process, He Lijuan suffered illegal violations, including but not limited to: verbal insults, restrictions on personal freedom and personal dignity, and being forcibly pressed in a stained toilet.

Li Fei, Xu Bing and others exposed their private parts to He Lijuan's teasing words, and further pulled He Lijuan's clothes. "

"In the midst of the continuous escalation and increase of this illegal infringement."

"Without Chen Bin's defensive behavior, would the follow-up impact have been greater?"

"Li Fei, Xu Bing and others have verbally insulted He Lijuan and made substantive actions. Will the next step be to continue the violation?"

"I would like to ask the members of the collegial panel to take this into consideration."

"in addition."

"Through Li Fei, Xu Bing and others exposing their private parts in front of Chen Bin and his mother, it is not difficult to see that the debt collection behavior of the other party has gone far beyond ordinary illegal crimes, rather than a slight insult in the mouth of the prosecutor."

"Also, in this case, the most important point is that Li Fei and others broke into Chen Bin's home illegally.

Insulting Chen Bin and He Lijuan and restricting their personal freedom. "

"It's equivalent to saying that Li Fei, Xu Bin and others broke into the homes of Chen Bin and He Lijuan illegally and committed crimes."

"Chen Bin and He Lijuan have the right to defend against the illegal intrusion of Li Fei and others."

"According to Article 245 of the Criminal Law, the crime of illegally intruding into a residence."

"It refers to the act of breaking into another person's house illegally and forcibly, or not leaving another person's house without reason after being asked to leave."

"The main condition of this crime is that the responsible person has reached the age of criminal responsibility and has the capacity for criminal responsibility, and the objective condition is illegal."

"Li Fei, Xu Bing and others met the above two conditions, which constituted the crime of illegal house invasion."

"That is, during the whole process of the incident, Li Fei, Xu Bing and others were in a situation of illegal intrusion."

"Under such circumstances, Chen Bin's behavior should be considered a defensive behavior, and due to the further escalation of the other party's illegal infringement, it is impossible to predict what will happen next."

"Under this specific situation, we believe that Chen Bin's defensive behavior should belong to the category of legitimate defense."

The main factor in determining justifiable self-defense and excessive self-defense is limitation.

but
Li Fei, Xu Bing and others belonged to illegal trespassing!

And it is accompanied by the act of committing a crime!
In this case, how should the problem of limit be determined?

Even if Lu An accused Chen Bin of exceeding the limit of defense.

But can he refute the commission of a burglary accompanied by criminal circumstances?
Certainly not!

In defensive behavior, can this factor not be considered?

Certainly not!
The illegal intrusion of Li Fei, Xu Bing and others was originally an illegal act, and in the process, they encountered unexpected circumstances.

How should we judge?

Another point is to consider other factors.

During the illegal intrusion, Li Fei, Xu Bing and others had as many as a dozen people. One side was a dozen adult male debt collectors, and the other side was a mother and child.

In this situation.

Generally speaking, the presiding judge will take this circumstance into consideration.

To determine the corresponding degree of defensive behavior and sentence.
.
....
On the presiding judge's seat, after listening to Su Bai's statement, Song Yuanhui recorded the key information.

"The prosecution, please make a statement."

"Ok."

Lu An understood what Su Bai's objection was.

Su Bai wanted Chen Bin to be judged as self-defense.

Therefore, the illegal intrusion of Li Fei, Xu Bing and others was used to assist the situation of legitimate defense.

Lu An had no objection to the fact that Li Fei, Xu Bing and others invaded illegally.

It should also be taken into account in the behavior of defense.

Lu An couldn't refute this point.

But the reality is that illegal intrusion is a criminal charge against Li Fei, Xu Bing and others.

There is no specific causal relationship between the two, justifiable defense and excessive defense.

to be honest.

The most important thing about self-defense and over-defense is the issue of limit. It is not because Xu Bing and Li Fei's illegal intrusion can be judged as over-defense.

Based on this, Lu An made a statement.

"Presiding judge, Li Fei, Xu Bing and others have committed illegal intrusion as stated by the defendant's litigation attorney."

"We don't make any rebuttals."

"However, justifiable defense and excessive defense are judged by specific limits. We still insist that Chen Bin's defensive behavior obviously exceeded the necessary limit and constituted excessive defense."
.
....
Song Yuanhui listened to Lu An's opinion, and then looked at Meng Hao.

"Let's discuss it."

"Ok.…"

On the seat of the trial table, Song Yuanhui rapped the gavel: "The statements of the prosecution and the defendant have been heard by the collegial panel."

"The defensive behavior against Chen Bin is justifiable defense and excessive defense. Is there anything else the two parties want to continue to make statements, or submit factual basis?"

Su Bai: "There is nothing to continue."

Lu An: "The prosecution did not."

dong dong!

"Since neither party has anything to continue to state, it is time to enter the adjournment."

"The trial will continue after the trial."

As the gavel fell, the members of the collegial panel stood up and left their seats in the courtroom.

Looking at the backs of the members of the collegial panel leaving, Su Bai breathed out softly and rubbed the space between his brows.

This case is considered to have entered the final stage of negotiation and judgment.

Among them, the most critical issue discussed should be the illegal intrusion of Li Fei, Xu Bing and others that he raised.

If it is determined that the main fault lies with Li Fei, Xu Bing and others.

Then maybe the members of the collegial panel will pass this point and prompt Chen Bin to meet the conditions of legitimate defense.

certainly.…

Even if it is not recognized as self-defense, then the criminal fact of Li Fei, Xu Bing and others invading the house is established.

Taking this into consideration, the members of the collegial panel will definitely reduce or commute Chen Bin's sentence.
.
....
at the same time.

The court adjourned and was discussed in the room.

Song Yuanhui looked at Meng Hao, rubbed his eyebrows and complained casually:
"This case... is very hot, and there are many criminal facts involved. It is relatively complicated. How do you think this case should be judged?"

Meng Hao frowned tightly: "You should have a decision in your heart about this case, right?"

"The process of Chen Bin holding the knife and causing harm to Li Fei and others is a defensive act, which has already been judged.

The most important thing is whether Chen Bin belongs to legitimate defense or excessive defense. "

"The main factor in the judgment of justifiable defense and excessive defense is the limit of the result of defense."

"There is no doubt about that."

"I personally think that one should be sentenced for excessive defense, because in this case, there is an obvious factor, that is, in any case, in the subjective view of Li Fei and Xu Bing, the main purpose is to collect debts."

"Although there was illegal infringement, the ultimate goal was to collect debts, and it did not cause substantial harm to He Lijuan and Chen Bin."

"And Chen Bin's defensive behavior caused two deaths and three serious injuries. Although subjectively he was defending, the extent of the damage clearly exceeded the necessary limit."

"If I were to judge, I think Chen Bin should be guilty of excessive defense."

"But it's hard to say when it comes to the sentence... Various other factors need to be taken into consideration."

At this time, Shi Jiaming answered: "Yes, I think so too!"

"Two people were killed and three were seriously injured, obviously exceeding the limit!"

"The right to life is paramount. Regarding the sentence, I think Chen Bin should be given a heavy sentence for his defensive behavior."

Song Yuanhui ignored Shi Jiaming's answer and watched Meng Hao fall silent.

After a few seconds of silence, he spoke again:
"But have you considered another factor, that is, there were more than a dozen people involved in the illegal break-in by Li Fei and others.

Under such circumstances, if Li Fei and others continue to carry out further illegal infringements, is it possible that the lives of Chen Bin and his mother He Lijuan will be endangered? "

Meng Hao nodded: "Indeed, the possibility of this happening is relatively high."

"But in fact, although the illegal infringement is continuously upgraded, it has not been implemented in that situation."

"That's just a hypothetical situation, not a real situation..."

"Ok!"

"Okay, I got it!"

Song Yuanhui nodded: "There will be a very important court presentation later."

"After listening to the opening statement, make a judgment!"

"Ok!"

Meng Hao agreed with Song Yuanhui's point of view.

Shi Jiaming spoke from the side, stating his point of view, but Meng Hao and Song Yuanhui ignored him.

Don't you know how hot this case is?
Do you know what impact the previous remarks would have if they were released?
Shi Jiaming's subjectivity is relatively radical.

Although Meng Hao and Song Yuanhui didn't know why Shi Jiaming's ideas were so radical in this case.

But they know very well...

If the judgment is made according to Shi Jiaming's subjective ideas.

Then the verdict of this case.

tsk tsk...

It will definitely be scolded on the hot search, and maybe there will be some punishment.

PS: Ask for a monthly pass~

(End of this chapter)