You became a lawyer and sent the judge in?

Chapter 195 The verdict is settled!Xiao Li: Looking forward to the next game!
During recess.

Song Yuanhui has completed sorting out the relevant litigation materials.

According to the discussion with Meng Hao, a rough judgment has been made.

Only the final court statement is required, and the verdict can be announced on the spot.

Soon, the adjournment is over.

Accompanied by three members of the collegial panel into the courtroom.

Court again.

All parties involved in the trial also knew that this time the trial was held and after the court statement was made, there was a high probability that the trial result would be announced directly.

All the people present except the defendant party were quite nervous.

And there is Lu An.

After all... the verdict of the trial will affect his work.

Su Bai had a rough judgment on the verdict.

There isn't much tension.

There are only two situations for Yu Chen Bin’s judgment.

Either self-defense or excessive self-defense, if it is determined that self-defense is excessive, the sentence will not be too severe.

Impossible for more than three years.

This is Su Bai's prediction.

As for the litigation lawyers of the victims' families, the main content this time is the litigation compensation costs.

It doesn't matter if you win or not.

also.

Facing a top lawyer like Su Bai, the victim's litigation lawyer can only ask the legal side to conduct out-of-court mediation for the compensation fee.
.
 …
at the same time.

Inside Wandai Co., Ltd., Liang Xingyuan bald and wrinkled his scalp as he patted his own head.

In this trial, should Chen Bin be acquitted?
if so
That had a big impact on him!

His future loan business will not be easy to develop!

It will also have a big blow to the self-confidence of the group of people under him!

If the business cannot be launched in the future, what will his company do?
You must know that the annual profits brought by this company are huge!

If it can't be carried out because of this matter, or if the debt collection business can't work, wouldn't it be over?
Liang Xingyuan became upset while watching the live broadcast of the trial, and shut down the computer with a snap.

He took out his mobile phone and didn't know who he called.

....
In court.

Song Yuanhui sat on the presiding judge's seat.

During the adjournment, he had already discussed various situations with Meng Hao. Regarding this case, he was very clear about the situation and how to judge it.

During the presentation stage, there will be no matters that deviate from the verdict.

So what if it really exists?
If it does happen, let’s bang the hammer again and adjourn the court to discuss the outcome.

The problem is not very big.

dong dong!

The gavel sounded.

Entering the final trial stage.

"The adjournment is over. Regarding the previous court arguments, do the parties have anything to add?"

Su Bai: "No."

Lu An: "No."

Victim defense attorney: "No."
.
....
dong dong!

"Then let's start the court statement, and the prosecution will start the statement."

"Good judge."

Final Court Statement.

After sorting out the relevant litigation materials, Lu An took another one from Zhang Meng, and then said slowly:
"Presiding judge, the prosecution's court statement is as follows:"

"For this case, the prosecution believes that Li Fei, Xu Bing and others were at fault."

"Illegally breaking into another person's home is a violation of the other person's right to privacy, and committing criminal acts against others, such as insulting, insulting personality restrictions, and their personal freedom."

"In this regard, we believe that Li Fei, Xu Bing and others should bear part of the responsibility for this case."

"But on the other hand, although Li Fei, Xu Bing and others violated the law, their right to life should be protected."

"When Li Fei, Xu Bing and others committed criminal acts, they did not cause excessive harm to society."

"Regarding Yu Chen Bin's defensive behavior, which resulted in the death of two people, serious injuries to three people, and minor injuries to several others, the prosecutor believes that Chen Bin's defensive behavior was excessive and far exceeded the limits of legitimate defense."

"According to the situation of excessive defense in our country's criminal law, we should accept the legal judgment."

"I ask the court to judge Chen Bin's excessive defensive behavior in consideration of the right to life of Li Fei, Xu Bing and others!"

"Judge, we have finished our statement."

Lu An's statement was relatively straightforward. First, he proactively admitted the illegal behavior of Li Fei, Xu Bing and others in entering Chen Bin's house.

The second is to separate this illegal act from self-defense and excessive self-defense.

The underlying meaning is that Li Fei, Xu Bing and others did break into Chen Bin's home illegally.

Breaking and entering is a crime of breaking and entering and has nothing to do with self-defense.

There is no necessary connection between the two.

To put it bluntly, it means that the fact that Chen Bin was too defensive was established.

Even if there are any other circumstances, it will not affect the judgment that Chen Bin is too defensive.

It must be said that Lu An's court statement was of a very high level.

Facing Lu An's statement, Su Bai smiled slightly, and looked up at the presiding judge's seat.

Boom!
"Let's ask the victim's litigation lawyer to make a statement."

The victim's litigation lawyer basically did not express any opinions during this trial.

Because this trial mainly focused on Chen Bin’s criminal responsibility.

The victim's claim is civil liability.

So there is little opportunity for the victim litigation attorney to speak.

At the stage of the court statement, they only raised the responsibility for civil compensation, and wanted the court to come forward and conduct private mediation.

Song Yuanhui agreed to the opinion of the victim's litigation lawyer in court.

"Okay, regarding the civil compensation requested by the victim's family, the court will conduct corresponding mediation in court."

"The prosecution has finished its statement, and the defendant's legal representative or party will be invited to make a court statement."

"Good judge."

Su Bai nodded.

For the second adjournment, it is estimated that the collegial panel has already negotiated the corresponding judgment.

The court statement is only a further subjective judgment that affects the members of the collegial panel.

How to make a court statement.

Su Bai had prepared long ago, facing the prepared statement materials, he said:
"Presiding judge, our court statement is as follows:"

"We believe that according to the legal causal relationship, the cause of this case was that Li Fei, Xu Bing and others illegally broke into Chen Bin's home and caused the case."

"And illegally violated our client and his mother."

"This is the defensive behavior of our client."

"The difference between legitimate defense and defensive behavior is a matter of limits. According to the law, legitimate rights and interests are understood to be personal freedom, the right to life, and the legitimate rights and interests of dignity and personality."

"Li Fei and others broke into Chen Bin's home illegally, and the violations against Chen Bin were serious, affecting the personal freedom, dignity and personality of our client."

"Because of the domestic culture, the concept of family affection is very strong. Chen Bin saw that his mother was hinted at by swear words and private parts, and even took action."

"In Chen Bin's view, this is a serious insult and serious illegal infringement."

"This has seriously violated the personal freedom, dignity and personality of Chen Bin and his mother."

"Even for some people with serious ideas, this is tantamount to brutally killing their dignity and personality."

"In this regard, I believe that personal freedom and dignity, personality and personal security are equivalent."

"There is a saying that is very good, life is precious, but for some people, freedom, dignity and personality are more important."

"In other words, we believe that Chen Bin's behavior does not constitute excessive defense, but is just exercising his own legitimate defense."

"Presiding judge, we have finished our court statement."

After finishing his statement, Su Bai breathed a sigh of relief.

The purpose of this statement is to place human dignity on an equal footing with personal liberty and life.

That is to say...

Li Fei, Xu Bing and others unlawfully harmed Chen Bin and his mother.

The consequences of the defensive behavior with Chen Bin are equal.

There is thus no behavior beyond apparent limits.

That is, through this point, it can be identified as an act of self-defense.

only.…

If you want to equate restriction of personal freedom and personal dignity with the right to life, it depends on what the presiding judge thinks.

At present, everything that should be stated has been stated, and the next step is to look at the judgment of the collegial panel.

After hearing Su Bai's statement, Song Yuanhui sorted out the court statements from the prosecutor and the defendant.

They exchanged glances with Meng Hao, then nodded slowly, and struck the gavel.

"Now that all parties have finished their statements, do all parties have any objections to the defense and court statements during this trial?"

Su Bai: "No objection."

Lu An: "No objection."

Victim’s Litigation Lawyer: “No objection.”

dong dong!

“There is no objection from all parties, let’s start announcing the verdict!”

The clerk: "Everyone stand up, the presiding judge, please announce the verdict!"

Everyone stood up, and everyone's eyes were focused on the seats on the trial bench.

The presiding judge Song Yuanhui began to read out the verdict:
"The cause of this case is that the prosecutor, as the public prosecutor, prosecutes the criminal suspect Chen Bin for intentional homicide, causing the death of two people and serious injuries to three people, and applies for a court judgment."

"Recommended sentence: death penalty."

"The applicable laws that this court has jurisdiction over this case are all in accordance with domestic laws."

"The verdict is announced below:"

"According to the research decision of the Composite Tribunal, the judgment against the public prosecution brought by the public prosecutor and the civil liability attached to the accuser is as follows:"

"Accuse the prosecution of the criminal suspect Chen Bin for intentional homicide."

"The court made the following determination based on the evidence and the circumstances at the time:"

"[-]: In view of the circumstances of the case, Chen Bin did have an impulse to commit a crime at the beginning, but this criminal impulse was within a reasonable range. He did not commit criminal acts, but dealt with it through legal channels. Corresponding events.”

"So the actions against Chen Bin were deemed unintentional and defensive."

"The deaths of Li Fei and Xu Bing, as well as the serious and minor injuries of others, were all caused by Chen Bin's defensive behavior."

"Two: It is illegal for Li Fei, Xu Bing and others to break into Chen Bin's home, and Chen Bin has the right to defend against them."

"Three: Regarding whether Chen Bin's defense is legitimate defense, the court made the following determination based on the facts, Chen Bin's subjectivity and relevant evidence:"

"The difference between legitimate defense and excessive defense lies in the restricted behavior."

"Li Fei, Xu Bing and others broke into Chen Bin's home, which was an illegal act and was determined to be true. Chen Bin can defend himself against this."

"During the defense, Li Fei and others did not pose a threat to the personal safety of Chen Bin and his mother He Lijuan."

"But it has caused a trampling on the spirit, personality and dignity."

"He Lijuan and Chen Bin were slightly violated in terms of personality and dignity, as well as personal freedom and freedom of behavior.

Chen Bin's defensive behavior resulted in the deaths of Li Fei and Xu Bing, and the serious injuries of three others. "

"During the process, the court held that He Lijuan and Chen Bin were traumatized by the unlawful infringement, and their defensive actions obviously exceeded the necessary limits."

"Thus, the court ruled that Chen Bin was too defensive!"

"However, due to the influence of other external factors: for example, Li Fei and others illegally entered Chen Bin's home and committed crimes, and dozens of people including Li Fei broke into Chen Bin's home to commit illegal violations.

During this process, Li Fei and others had an advantage in force. "

"Considering the above factors, the court stated that Chen Bin's excessive defensive behavior is understandable from the legal point of view."

"That is, Chen Bin is sentenced to one year and six months in prison, suspended for two years!"

"Dismiss the prosecution's application for intentional homicide against Chen Bin."

"The prosecution's recommended sentence is not supported."

"In addition, for the civil compensation requested by the victim's family, the court will negotiate civil compensation between the victim's family and the accused party after court."

"According to the provisions of our country's procedural law, if the parties to the lawsuit find that the facts of the judgment are wrong or the basis of the judgment is wrong, they can submit a request for supervision, review or retrial to the relevant department after the adjournment."

"The verdict will be issued to all parties within ten days of the court closing."

The gavel was struck to announce the result.

"Close the court!"

Song Yuanhui's serious voice fell, and the verdict was settled.

After hearing the verdict, Su Bai breathed a sigh of relief.

Sentenced to a suspended sentence...

It is understandable that the court did not adopt his justifiable defense defense.

after all.…

Generally speaking, in cases like this, the intermediate courts will adopt relatively conservative penalties.

Say.

In terms of legal definition, the right to life takes precedence over other legal rights.

The sentence of probation already represents the view of the collegial panel.

Although it did not meet the requirements of self-defense, the trial was considered a victory!
Ok.…

Su Bai was relatively satisfied with the verdict this time.

After finishing this game, we have to rush to the next game...

Su Bai stretched, and noticed that Li Xuezhen's eyes were shining on him.

???

Li Xuezhen: Lawyer Su!I'm looking forward to the next one!

Su Bai: ...
Also.

On the prosecutor's seat, Lu An quietly looked at the defendant's attorney's seat.

Take a deep breath.

Originally, he was still thinking that it would be obviously unreasonable if the judgment of self-defense was really judged in this trial.

A protest is definitely required.

But the court ruled that the defense was excessive.

Judgment overdefensive...

A probation sentence was imposed on the sentence, and the sentencing was somewhat small.

Considering that this case was indeed caused by the illegal intrusion of Li Fei and Xu Bing.

Li Fei and Xu Bing need to take corresponding responsibilities.

If such a judgment is made, it is not easy to protest.

It is estimated that the court also understood that if the case was judged to be self-defense, the procuratorate would definitely disagree, so it was judged as excessive self-defense.

call.…

Lu An went through the general logic in his mind, while Zhang Meng on the side compiled the relevant materials.

"There is no big problem with the court's decision. Just pack up your things and go. Go back and organize your files and get ready to leave work."

"Ok!"

Lu An nodded, didn't say much, and lowered his head to pack up the materials.
.
...

Sentence suspended.

Of course, the happiest people during the trial were Chen Bin and He Lijuan.

When Chen Bin heard the verdict, he bowed deeply to the seat of the trial bench, and at the same time bowed deeply to the seat of the defendant's legal representative.

"Thank you, presiding judge, and thank you attorney."

On the seat of the trial bench, after hearing Chen Bin's thanks, Song Yuanhui glanced in Su Bai's direction unconsciously.

He nodded faintly: "The judgment against you was obtained according to the law, and I made the judgment according to the law, so don't thank me so much."

"But I want to remind you here that you are not allowed to commit crimes during your probation period, otherwise the sentence will be increased."

"We will not be allowed to be so impulsive in the future. If anything happens, call the police..."

As if he remembered something, Song Yuanhui's face looked a little unnatural when he finished saying this.

He waved his hand and said, "Okay, after the procedure is over, get together with your family."

"Okay, presiding judge, I will definitely not be so impulsive in the future!"

Chen Bin nodded excitedly, and bowed deeply again.

"Ok!"

Song Yuanhui hummed lightly, and then, after sorting out the materials, he and the other two members of the collegial panel left the court hearing.

PS: Ask for a monthly pass~

(End of this chapter)