You became a lawyer and sent the judge in?

Chapter 250 Questioning!defensive?You're full of nonsense, aren't you?

Chapter 250 Questioning!defensive?You're full of nonsense, aren't you?
At the prosecutor's seat, Tang Liang's eyes fell on the defendant's seat.

I didn’t know how to refute for a moment.

Su Bai also set his sights on the prosecutor's seat and said nothing.

After Tang Liang was silent for nearly a minute.

Su Bai knew that Tang Liang could not and would never answer this question, so he set his sights on the presiding judge's seat.

"Presiding judge, I haven't finished my statement yet. I wonder if I can continue to add content?"

Qin Yong said: "You can continue to state."

"Ok."

Su Bai nodded and continued: "My next statement will be analyzed based on the prosecutor's statement."

"The prosecution stated that Wang Qiang can be completely regarded as an act of self-defense."

"Then I would like to ask the prosecutor, prosecutor, do you know what are the necessary conditions for self-defense?"

“One of the necessary conditions for legitimate defense is that the attack occurs at the time when the person is being unlawfully infringed, rather than when the person is expected to be infringed or committed after being infringed. It’s called self-defense.”

"During the entire incident, was Wang Qiang committing illegal infringement or was he being illegally infringed?"

"According to the prosecution."

"Wang Qiang relied on his identity and status to bully the weak and was stopped by others. He was illegally violated, so he was acting in legitimate defense, right?"

"Legitimate defense is limited, not unlimited. I don't understand the reason why the prosecutor stated Wang Qiang's legitimate defense, but I would like to ask if the prosecutor can explain the above issues?"

"I want to hear in detail how the prosecutor determined that Wang Qiang acted in self-defense."

Simply speaking from the division of criminal liability.

Whether Guang Youzhi’s behavior constitutes intentional injury and self-defense needs to be judged from the first point of his behavior.

What was the nature of his first attack on Wang Qiang?

Acting bravely or intentionally causing harm?

This is really the first key.

According to what Tang Liang said, if it is determined that Guang Youzhi acted in self-defense at the first time, would Wang Qiang also be in self-defense?

What kind of bullshit logic is this?

Is Wang Qiang acting in self-defense?
of course not!

From this we can see that the prosecutor is full of nonsense!

why? !

From the explanation of self-defense, the specific situation can be clearly seen.

In the legal interpretation of self-defense, there is a time limit.

That is, counterattacks must be carried out when unlawful infringement is an act of self-defense.

If according to the prosecutor's statement, Wang Qiang acted in legitimate defense, then was Wang Qiang an act of counterattack during an unlawful infringement?
Judging from the overall incident, of course not!

Wang Qiang was the person who was committing the illegal infringement at the time, not the party who was illegally infringed.

There is a fundamental difference between the two.

Based on this point of view, Wang Qiang cannot be acting defensively!
also.

If it is as stated by the prosecution, the explanation of self-defense is aside.

Putting aside the facts, Wang Qiang was indeed acting in legitimate defense.

Su Bai's questioning also started from this point.

He didn't know why the prosecutor would come up with such an argument, but it was a loophole.

The prosecutor did not have a clear understanding of self-defense, and even suggested that Wang Qiang was self-defense.

Isn't this purely funny?
Rather than giving an example based on the restrictions of legitimate defense, the argument that Wang Qiang is justified is cited.

It’s either bad or bad!
.
....
at the same time.

This trial is a live broadcast and a public trial, and Su Bai has already asked Li Xuezhen to warm up.

There were already a lot of people paying attention to this public trial. After hearing Su Bai's series of rhetorical questions, some people immediately raised questions about the prosecutor.

"That's right! You said Wang Qiang was acting in self-defense, right? The bad guy files the complaint first, right?"

"Chunchun was really speechless. I really didn't understand this kind of behavior. I felt that the prosecutor was a little anxious when he asked the question. I didn't know what he was thinking in his head for a while, and he blurted it out!"

"That's right! If Lawyer Su hadn't brought it up, I wouldn't have thought of it, but now that it's brought up, what will the other party say?"

"Lawyer Su's question means he must be acquitted! He must be sentenced for being brave, right? The other party is also acting in self-defense, self-defense!"
.
....
Comments during the live broadcast of the trial were fierce.

They are all dissatisfaction with the prosecutor's words and deeds.

After Tang Liang heard the question raised by Su Bai, he was in a daze.

He just wanted to make a dialectical argument and said it accidentally without thinking at all...

Now it has led to such a big problem of being caught by Su Bai.

As a public prosecutor, there is nothing wrong with testifying against the defendant, but he used the wrong legal provisions and legal interpretations...
How should he explain this?

He could only continue to remain silent, lowering his head silently, looking at the lawsuit materials without saying a word.

He didn't know how to answer, and couldn't answer.

At the presiding judge's seat, Qin Yong frowned after hearing Su Bai's two questions.

There is indeed a problem with what Tang Liang just stated, saying that Wang Qiang was in legitimate defense, but legitimate defense has restrictions!

As a public prosecutor, don’t you know this?

Qin Yong couldn't help but look up at the prosecutor's seat, feeling a little dissatisfied in his heart.

Ask: "Does the prosecutor know the restrictions on self-defense?"

Facing the presiding judge's question, Tang Liang had to answer: "I know."

"Well! Since the prosecutor knows the limitations of self-defense, then, reject the statement made by the prosecutor just now."

"Prosecutor, do you have any comments?"

Tang Liang knew very well that he had made a big mistake just now.

During this live and public trial, the prosecutor failed to explain the legal provisions clearly and was questioned by the other party's defense lawyer.

This is a serious dereliction of duty in the courtroom.

The presiding judge rejected his statement without any problem.

Tang Liang lowered his head and said, "Presiding Judge, I have no objections."

"Ok!"

Qin Yong nodded, as long as he had no objection.

If you have any objections, state them in court:
As long as the defendant makes a slight rebuttal, the legal level of the prosecutor will be revealed.

This is a slap in the face of the prosecutor.

Qin Yong glanced at Tang Liang subconsciously and thought to himself: "This prosecutor's level is a bit low..."

"Even if it is to avoid one's own responsibilities, one cannot talk nonsense in court..."

It's okay if the impact of the event is low, but if the impact of the event is high.

Looking back, this trial was a serious stain on the judges and prosecutors.

Maybe he will be labeled with other labels and be nailed to the pillar of shame in the legal profession. This is not impossible.

Qin Yong took a deep breath, stopped caring about the prosecutor, banged the gavel, and glanced at the prosecutor's seat:

"Does the prosecution have anything else to add?"

Wang Qiang heard the presiding judge's inquiry and kept hinting at Zhang Shuo.

Speak quickly, speak quickly, answer quickly...

Zhang Shuo noticed Wang Qiang, but ignored him and took a deep breath:

"Presiding Judge, we do not agree with the defendant's statement of self-defense."

Qin Yong said: "State your reasons carefully."

"But remember!"

"The statement needs to be based on fact and law and cannot be divorced from the facts and legal provisions."

After Tang Liang's performance just now, Qin Yong gave a special reminder.

"Good judge."

Zhang Shuo glanced at the litigation materials and continued:
"Our reason is very simple, that is, in this case, according to the conditions of self-defense, we did not commit illegal infringement against Guang Youzhi."

"Legitimate defense arises in the process of committing unlawful infringement."

"Since we have not committed any illegal infringement on Guang Youzhi, Guang Youzhi has no legitimate reason for self-defense."

"Similarly, throughout the entire process of the case, Guang Youzhi did not have the conditions for emergency evacuation."

"To sum up... Guang Youzhi did not fall into the category of self-defense and emergency avoidance."

"So we need to bear due legal responsibility for the serious injuries caused by our client."

"The presiding judge and above are our views."

The hammer struck.

From this, it is obvious that the quality of the lawyers entrusted by the prosecution was high.Relative to the prosecutor, it is higher.

Zhang Shuo's defense idea is relatively more precise.

Why do you say that?

Because it has been clearly shown through the statement just now that there are only two points of innocence, self-defense and emergency avoidance.

From the perspective of legitimate defense, it must be in the process of illegal infringement.

This is what Zhang Shuo said just now, which means that Wang Qiang did not commit any illegal harm to Guang Youzhi.Based on this condition, Guang Youzhi cannot be called legitimate defense or emergency avoidance.

Qin Yong spoke again: "In response to the prosecution's defense, does the defendant have anything to say?"

Su Bai: "We maintain our view that Guang Youzhi is not guilty."

"The reason for the determination is: the harm we caused to Wang Qiang at the beginning was to prevent Wang Qiang from committing illegal harm to others, and it was not intentional harm."

"The reason why we continued to attack Wang Qiang was because we counterattacked and defended Wang Qiang's attacks after stopping Wang Qiang."

"The above is our view."

In response to Su Bai's statement, Tang Liang originally wanted to continue to refute it.

Because he had just made a very serious mistake, he wanted to continue to perform at the trial and redeem himself from this mistake.

He was raising his hand to signal.

However, Qin Yong ignored him directly, or deliberately ignored him.

Just now you no longer pay attention to legal interpretation, and just output it directly.

Do you want to continue stating now?
Totally unnecessary.

This is Qin Yong's view of Tang Liang. If Tang Liang continues to state, something might happen.

He also knew in his heart that if the prosecution prosecuted and the defense was not guilty, then the prosecution would need to bear a certain amount of responsibility, which was not too big a responsibility.

Just now Tang Liang made a statement that had no legal basis.

This responsibility is greater than the responsibility for losing the lawsuit.

This time the trial has reached a certain stage, and there is no need for Tang Liang to continue his statement.

Just in case he comes up with it...

Let’s not talk about anything else... I’m just going to talk about the definition of legitimate defense.

And that sentence, Wang Qiang is also equivalent to self-defense.

If word spreads, Tang Liang will definitely be transferred.

Seeing that Qin Yong completely ignored him, Tang Liang didn't know what he was thinking, but still raised his hand.

Facing this circumstances.…

Qin Yong said directly: "There is nothing more that the prosecutor needs to add."

"The prosecutor needs to follow the command of the presiding judge and speak."

"No need to continue signaling."

After hearing such a direct answer from the presiding judge, Tang Liang stopped signaling.

It's just that...the expression on his face seems a little worried,
He didn't know whether he was worried that he wouldn't be able to perform and save his life, or he was worried about the presiding judge's attitude towards him.

Immediately afterwards, Qin Yong knocked the gavel: "Now enter the adjournment."

"After the court session is over, the trial will continue."

With that said, he and the other two members of the collegial panel left the trial bench.
.
....
The scene of the trial.

adjourn.

Su Bai breathed a sigh of relief. This time, the trial had entered a recess, which was a good thing for them.

Because if the presiding judge determines in his heart that Guang Youzhi intentionally caused harm, then he will not adjourn the case.

This adjournment is probably to discuss these matters.

But he knew in his heart that based on the current debate, it was not enough for the presiding judge to find Guang Youzhi innocent.

at the same time.…

No matter in the prosecutor's seat or in the prosecutor's seat, his expressions are not very good-looking.

Mainly because...

The presiding judge decided to adjourn the trial, which was obviously different from what they wanted. What they wanted was that Guang Youzhi was guilty.

However, it is obvious that the adjournment was to discuss whether Guang Youzhi was guilty or not.

If Guang Youzhi is found innocent after discussion, it will not be a good result for both of them.

Especially for Tang Liang, he himself made a big mistake in the court hearing.

If Guang Youzhi is found not guilty, then he is likely to be considered to have deliberately targeted Guang Youzhi.

Although he is said to be innocent, the public opinion will not believe it, and if he makes such a major mistake, he will definitely be transferred.prosecutor, prosecutor.

Maybe he will be on the bench in the future.

Based on this, he wanted Guang Youzhi to be found guilty even more.

the other side.

In the prosecution's seat.

"Lawyer Zhang...this case has progressed to this point. How sure are we?"

"I will definitely get that kid in!"

"But don't fail to get in!"

"I can add a little more for the lawyer's fees, but the person must be sent in."

Zhang Shuo:….
It’s really good to add attorney fees.

But he really couldn't tell how sure he was about this matter.

After all...the hammer is not in his hand, but in the hand of the presiding judge.

However, judging from the current situation...the presiding judge's preference is not yet certain.

I don’t know how the presiding judge will judge the matter of bravery for justice, which leads to the inability to make a corresponding judgment.

to be honest.…

There had never been an acquittal in this kind of case before, and he didn't think the collegial panel would acquit him in this case.

only.…

How should I put it? In the court hearing, there was indeed no problem with Su Bai's entry point.

He can't guarantee that what he thinks is correct.

"Look again, I am not the presiding judge, and I don't know what the judges think."

Facing Zhang Shuo...Wang Qiang wanted to say something else, but hesitated. Finally, he held it back and just nodded and uttered one word.

"Ok.…"
.
....
The collegial panel discusses the room.

Qin Yong looked at the other two judges, Li Xiu and Wen Baojun.

"Do you two have any opinions on this court hearing?"

"I'm referring to Guang Youzhi's intentional injury behavior, his courageous behavior, and the self-defense behavior stated by the defendant. What do you two think?"

Guang Youzhi’s intentional injury behavior was in the defense just now.

The prosecution, prosecutors and defendants all made their statements very clearly and from all angles.

As a criminal judge, Li Xiu spoke:
"I don't know what you think, presiding judge. I'm just talking about my own personal opinion."

"According to previous sentencing regulations... no one has ever been found not guilty of those who acted bravely for righteousness... but among the acts of righteousness that I know of, these cases are not the same as the brave acts of righteousness."

"Tell me about it." Qin Yong nodded and motioned for Li Xiu to continue.

Li Xiu continued: "The previous cases were based on the fact that there was no blocking behavior in advance, and there was no indirect attack in the middle."

"The absence of indirect attack means that when Guang Youzhi carried out the illegal act of blocking Wang Qiang, he only carried out a point-and-point attack on Wang Qiang for the first time, rather than a strong attack."

"From this point of view, Guang Youzhi's behavior may not be intentional. It would be a bit reluctant to identify it as intentional harm..."

"My views and opinions are based on subsequent actions."

"That is to say...the situation in previous cases is different from the situation in Guang Youzhi's case."

"The main difference is here."

"But I think we should be more conservative in sentencing. We can learn from past cases and give a lighter sentence in terms of prison terms."

After listening to Li Xiu's statement, Qin Yong nodded slightly, and then turned his attention to Wen Baojun.

"What do you think of this case?"

"Me?" Wen Baojun said in confusion. He was silent for a few seconds, flipped through the litigation materials, and then continued:
"I don't have any other opinion, but I think we still have to follow the legal basis. However, I think that if Guang Youzhi is found innocent, it is not impossible, but the legal basis must be clarified."

"As the prosecution said, Guang Youzhi's harmful behavior did indeed cause serious injuries to Wang Qiang. The key is whether it can be regarded as Guang Youzhi's act of self-defense."

"Or can it be regarded as Guang's behavior to prevent illegal infringement from happening?"

"If the verdict is established, then Guang Youzhi can be regarded as innocent, but if the verdict is not established, then Guang Youzhi is guilty."

"Everything is in accordance with the law."

"Ok!"

"I understand!"

Qin Yong nodded slightly, obviously listening to Wen Baojun's words.

This case...

It is very typical and may even be shortlisted as a typical case in the province.

Qin Yong has a preference in his heart as to how to judge the case, but has not yet decided.

"Listen to other arguments from other angles!"

Qin Yong thought silently in his heart.

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(End of this chapter)

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