You became a lawyer and sent the judge in?

Chapter 273 The final plea, the presiding judge’s attitude
"Oh! You can see from the judgment of the presiding judge that he is really a good judge!"

"That's right! If nothing else, this judge at least made his judgment sound and well-founded, and no party has any objections!"

"Even if the prosecution raises objections, there is no relevant evidence and they just rely on their own emotions to raise questions!"

"That's right! Justice Lin Youping promoted the judgment of self-defense. Based on this alone, he is a good judge!"

In the live broadcast room of the law review.

Many people who were watching the live broadcast of the trial showed a lot of favorable impressions of this judgment.

They all praised the judge who made the verdict.

Luo Daxiang looked at the barrage and smiled knowingly.

Lin Youping is the vice president of Beidu High Court, and he is a professor of law at the University of Political Science and Law.

There is a certain relationship between the two of them.

Luo Daxiang knew that Lin Youping's greatest hope was to improve the legal system and promote legal management.

And after entering the judicial system, he has been adhering to his ideals and beliefs.

I don't know how many years ago, Luo Daxiang heard a little story about Lin Youping.

Lin Youping was trying a large truck at that time. The driver of the large truck was hauling goods. Due to rainy weather, the goods were damaged and he was sued by a cargo owner with a related background.

The compensation demanded is sky-high compensation, compensation that far exceeds its value itself.

As for the large truck driver, as long as he is awarded compensation, he will never be able to afford it in his life.

As the presiding judge, Lin Youping disagreed with the compensation. Not only was he warned, but his family was also threatened.

It often happens that the windows at home are broken and there is a dead animal in front of the door.

But Lin Youping still insisted on making the judgment in accordance with legal provisions.

It can be seen from these that Lin Youping has been sticking to his heart.

Maintain legal order.

I have to say that after so many years, I have been able to maintain my original intention.

As a judge who makes judgments in accordance with the law and facts.

Lin Youping did it, and that was his original intention when he read out the legal oath.

Luo Daxiang breathed a sigh of relief and continued to focus on the court hearing.

At present, the key judgments in this trial have been completed.

The rest is much simpler.
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In court.

Xia Jingping raised an objection in the court hearing just now, interrupting the relevant progress of the trial.

but.…

It's just a delay, nothing too important.

The trial continues.

At the presiding judge's seat, Lin Youping briefly looked through the litigation materials.

He raised his head slightly and glanced at all the seats.

Then, he continued: "About the continued defense of this trial."

"The collegial panel made the following conclusion."

"First: Make a relevant plea as to whether Zhou Li's behavior was intentional injury or defensive behavior."

"Second: Analyze the factors that caused Zhou Li's behavior of taking a knife while he was being beaten."

"In response to the above two points, the prosecutor is asked to make an opening statement first."

The first point and the second point actually belong to the same point, but are divided into different types.

The second point can be seen as a specific division of the first point.

Why do you say that?

Because it is necessary to analyze whether Zhou Li's behavior is intentional harm or defensive behavior.

Then we must analyze Zhou Li's subjective motivation for taking the knife.

This subjective motivation does not mean that whatever Zhou Li states his subjective motivation is.

Rather, it should be analyzed based on the environment and specific scenarios at that time.

"call…."

"Once these two points have been determined, the case will probably be finalized."

Cai Wanqiang muttered something silently in his mind and said, "Presiding Judge."

"As for the analysis of Zhou Li's behavior, the defendant Zhou Li has just described it very clearly."

"Under the circumstances at that time, He Ping and others did take the initiative."

"But the physical behavior was limited to pushing and fighting."

"Based on subsequent inspections, it can be clearly seen that there were limits to what He Ping and others could do at that time."

"It did not cause much harm to Zhou Li. In other words, it did not pose a threat to Zhou Li's life."

"There is absolutely no need for Zhou Li to go under the knife."

"Furthermore, Zhou Li did not encounter any strong obstruction during the entire process of getting it."

"Imagine what it was like."

"If He Ping and others want to cause certain harm to Zhou Li, under certain performance conditions, Zhou Li's harm will not be that light."

"There was no opportunity to take the knife and commit an attack."

"Based on the above, we believe that Zhou Li's process of getting the knife was a manifestation of his subjective intention."

"I just heard the lawyer entrusted by the defendant ask Zhou Li why he hurt He Ping with a knife."

"The main reason is that He Ping punched Zhou Lizai while he was holding the knife, and then Zhou Li stabbed He Ping with the knife."

"During this process, He Ping obviously did something wrong, but what about Zhou Li?"

"The damage caused by He Ping's punch is limited and not enough to cause serious harm to Zhou Li. However, Zhou Li still chose to attack He Ping's heart even though he knew about it. ."

"I believe that Zhou Li, who was not under siege at the time, must have a clear idea of ​​what it means to attack the heart."

"It's common sense to everyone."

"I would like to ask Zhou Li here, do you know the importance of the heart? Being stabbed will result in absolute death?"

At the defendant's seat, Zhou Li hesitated, but still nodded: "I know."

Cai Wanqiang nodded to indicate that the inquiry was completed, and then continued:
"Based on what Zhou Li said just now, it can be clearly seen."

"When Zhou Lizai did not suffer serious harm, he clearly knew that stabbing He Ping in the heart was likely to result in death."

"Still choosing to use a knife to attack He Ping's heart already has the relevant subjectivity."

"And there's one more thing..."

"Before Zhou Li carried out the attack, he smashed his stall and had a strong desire to attack. This aspect can be confirmed from the side." "It confirms Zhou Li's subjective behavior."

"Judge, my statement is over."
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....
After Cai Wanqiang finished his statement, he breathed a sigh of relief.

The key point of this case is here. Although after the previous judgment, Zhou Li is likely not to uphold the original judgment of first instance and impose the death penalty.

However, this kind of intentional injury resulting in death due to one's own behavior and subjectivity will at least be sentenced to life imprisonment.

After Cai Wanqiang finished his statement, Su Bai frowned slightly and raised his hand: "Presiding Judge, I disagree with some of the prosecutor's statements."

At the trial table, Lin Youping asked: "Please ask the defendant to entrust a lawyer to express his opinion."

"Ok."

"I don't agree with the prosecution's argument."

“Especially in terms of intentionality.”

"Intentional homicide causing death and excessive self-defense causing death are two different concepts."

“What does intentionality mean?”

"It refers to the subjective foreseeing and hoping that the victim will die."

"According to the prosecutor's statement, Zhou Li was asked whether he knew that puncturing the heart would lead to the client's death, which confirmed Zhou Li's intentionality."

"But the prosecutor has just stated that this is common sense."

"Common sense means that everyone knows this matter, so it is not surprising that our client knows this matter."

"But this does not mean that under the circumstances at that time, we were aiming to pierce the other party's heart. Did we foresee and know that our actions would cause the other party's death, or did we still hope that the other party would die."

"Piercing into important parts, there is indeed a possibility that one can predict and know that one's actions will cause death to the other party."

"But what if it's a defensive act?"

"Although He Ping said he didn't, he punched too hard and attacked Zhou Li, but is his behavior considered an attack?"

"According to the interpretation of the law, what He Ping did was an attack on Zhou Li."

"In this case, Zhou Li fights back. Is there any problem?"

"no problem."

"Furthermore, I don't understand what the prosecutor meant when he said Zhou Li smashed his own stall for side verification?"

Cai Wanqiang replied: "Smashing his stall represents Zhou Li, who has a strong tendency and willingness to attack."

"This shows itself to be a situation of unstable character, and based on this there is a large degree of intentional attack."

Su Bai: "I don't agree with this point of view."

Cai Wanqiang: "Then I would like to ask the defendant to entrust a lawyer to make a statement. Why don't you agree?"

Su Bai continued to speak:
"The matter of smashing stalls cannot be judged simply from one circumstance."

"Look at the overall situation."

"What's the overall picture in this case?"

"Zhou Li's family is already very poor, with elderly parents and disabled children. The whole family relies on this stall to earn living expenses and medical expenses."

"Now he is being treated unfairly by law enforcement officers again. He just complained and the other party pushed him and even beat him."

"Everyone has dignity. Did Zhou Li destroy the stall?"

"Just because he smashed the stall, does that mean he has a tendency to cause intentional harm?"

"no!"

"What he smashed was not the stall, but the helplessness in his heart towards life and the oppression of life on him."

"He thought about his elderly parents and disabled children at home. Without this stall and the fine, he was unable to support a family."

"Now that he encountered this kind of thing, he resented his powerlessness, so he smashed his stall."

"At the same time, it is also a way to vent my despair about my future life."

"Based on this, I smashed my own stall, not that there is any criminal subjectivity or willingness to commit crimes."

"at the same time."

"As for the subjective and intentional performance, first of all, Zhou Li did not take the lead in taking action. His mentality of holding the knife at the beginning was just to protect himself and not be beaten again."

"Imagine a man who was under extreme pressure and had his source of survival cut off, and the main person who did this pushed, insulted and beat him."

"In this case, Zhou Li completely lost his dignity. Even so, he did not say that he would attack immediately after holding the knife."

"But when He Ping attacked him, he fought back."

"The prosecution's statement is very reasonable. He Ping's physical attack on Zhou Li did not reach an emergency situation, but did He Ping massively insult and attack Zhou Li's spirit?"

"What crushed Zhou Li was his spiritual support."

"Based on the above circumstances and relevant legal provisions."

"We do not believe that Zhou Li committed intentional homicide."

"Judge, our statement is over."

This case is presented from any angle.

All are selective.

Whether the prosecutor’s point of view is good or not, so is his point of view.

They are all fighting for the legal rights and interests of relevant people.

Su Bai defended Zhou Li in order to fight for Zhou Li's legal rights.

The prosecutor made the accusation to fight for He Ping's legal rights.

From a factual perspective.

Zhou Li indeed caused He Ping's death.

However, the actions of He Ping and others also had a huge impact on Zhou Li at that time.

Zhou Li needed to support his family, but his stall was targeted and he was insulted and beaten. He resisted and was sentenced to death.

Is this an inappropriate template for an honest person?
For other people, they would definitely not be able to stand this anger, and it might cause huge problems.

But in any case, this is a court trial, and everything is based on the law, the judgment and the verdict.

Now, the most important thing is how the presiding judge and the other two members of the collegial panel will decide this case.

What Su Bai can be sure of is that this case will definitely not uphold the original verdict of the first instance.

but!

He didn't know what the specific sentence would be.

Again, if the sentence is too harsh, then we will continue to appeal.

However, from his understanding of Lin Youping, Su Bai knew that Lin Youping would have an objective judgment result and it would be difficult to appeal.

Su Bai took a deep breath and looked up at the presiding judge's seat.

But his eyes happened to meet those of the presiding judge Lin Youping.
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PS: During the double monthly pass period, please give me a monthly pass~
(Explanation: That extra story is an activity of Qidian. It does not affect the main text on a daily basis)
(End of this chapter)