You became a lawyer and sent the judge in?

Chapter 43

In the courtroom.

After Su Bai finished his appeal application, Lin Youping sounded the gavel.

dong dong!

"The appellant's appeal application has been stated, and now it is up to the public prosecutor to make a statement."

Lin Youping's voice fell, and he turned his gaze to Lu Wei, who was the seat of the appellant.

Lu Wei glanced in Su Bai's direction indifferently, his face was flat without any change, and then bowed his head to state his own litigation opinion:

"Presiding judge, our litigation application and request for opinions against the litigants are as follows:"

"First, reject the application filed by the litigant, that is, Qi Feng's party. The litigant proposed that Qi Feng was in a state of self-defense. There is no substantive evidence that Qi Feng was in a state of self-defense at that time."

"According to Qi Feng's state at the time, he was holding a knife, which was enough to protect his own safety, but he used the knife to kill two people in a row. There was intentional injury in the subjective sense, and it did not have the performance of legitimate defense. Therefore, we applied to dismiss the lawsuit. party's application."

"Second: The issue of compensation for the litigants raised by the litigants is based on Qi Feng's innocence, but now that Qi Feng has not been found not guilty, we apply to dismiss the appellant's request."

"Judge, we have finished our statement."

In response to the questions raised by Su Bai, Lu Wei refuted them one by one.

It is clear.

Lu Wei knew the key points of this lawsuit!

The key point is whether Qi Feng is a legitimate self-defense!
The law of justifiable defense has appeared many times in court trials, but basically no one has won the case.

why?
Because it is difficult to define whether it is the subjective factor of using justifiable defense to carry out intentional infringement.

So this time Su Bai raised the justifiable defense, and Lu Wei directly refuted it. As long as the judgment of the subjective factor of intentional infringement is guided, the lawsuit will win.

The presiding judge Lin Youping briefly sorted out the litigation applications of both parties.

Silence for a few seconds.

Then he looked at Su Bai who was sitting on the litigant's seat, and rang the gavel:
"The prosecution has finished its statement. For the appeal policy, do you have any legal basis to prove the issue raised by the prosecution, or provide corresponding evidence to prove that Qi Feng, the party concerned, is in self-defense?"

Here comes the key point!
Su Bai simply tidied up his suit.

How to prove simple.

The key is how to bring the other party into your trap and let the other party follow your own pace. This is the difficulty.

As a senior criminal lawyer, Lu Wei is really difficult to deal with!
Su Bai took a deep breath: "Presiding judge, we can produce the relevant legal basis, but before that, I have a few questions that I want to ask Lawyer Lu."

Boom!
"Is the question related to the trial?"

"Yes, the judge!"

"The questions asked are related to this case, and the application is approved."

Lu Wei looked at Su Bai curiously. He didn't know what kind of medicine was sold here, so he frowned slightly, only to hear Su Bai say:

"May I ask Lawyer Lu, how did you determine that our client committed murder on purpose? How did you judge his subjective intention?"

If you can't solve the problem, then throw the problem to the other party and get the other party's mentality first.

Su Bai continued: "In the first trial, it was lawyer Lu who acted as the public prosecutor and sued our client, accusing him of intentional homicide. , and subjectively have intentional homicide, may I ask Lawyer Lu, how did you judge?"

Lu Wei frowned slightly, and raised his hand to signal: "Presiding judge, I think that the judgment of the litigant's lawyer in the first instance has nothing to do with the second instance. I refuse to answer the questions raised by the litigant's lawyer."

dong dong!

"Agree to the application and terminate the questioning of the litigant,"

Su Bai heaved a sigh of relief, is it over?

This is not to let him ask questions!
Don't let him ask, he insists on talking.

Su Bai continued: "The main accusations made by the litigant against our party's intentional crime are: first, the subjective intent to injure, second, the knives used, and third, to continue to attack the other party when the perpetrator has no ability to resist. Fourth, our client left the scene of the crime after committing the crime, which was deemed to be an escape behavior.”

"Let's talk about the cause of this case first."

"From the point of view of this case, our party and the other two people are not acquainted, and there was no intersection before that.

However, in the shopping mall, the other two verbally insulted our client for no reason, and our client was beaten by two people just by replying.

During this process, our party took the knife in the mall, and the other two people were not afraid at all, and even insulted our party, and intentionally and again beat us. During this process, our party was legitimate The defense led to the deaths of the two people. The whole process was correct, right? "

Lu Wei frowned: "It's not wrong, this is the process provided by the prosecution, but I object to the last point, which is self-defense, and the plaintiff is currently in the trial stage, and there is no evidence that he is self-defense."

"The defense lawyer of the litigating party, please pay attention to your words!"

it is good!
It's good to go through the process!

Whether it is self-defense, Su Bai is too lazy to continue to argue.

Su Bai showed two small white teeth: "Judge, I would like to apply for interrogation of our client."

Boom!
"application passed."

Lin Youping sounded the gavel.

Surrounded by two law enforcement officers, one on the left and one on the right, Qi Feng seemed a little nervous in the face of Su Bai's surprise question.

Su Bai gave Qi Feng a look, signaling him not to be too nervous.

After waiting for a few seconds, after Qi Feng calmed down, Su Bai spoke slowly:
"May I ask my client, when you were in the mall, did you pay attention to the location of the knives in the mall?"

Qi Feng shook his head: "No."

"Then what was the purpose of your holding the knife?"

"The purpose of holding the knife... is to scare them"

"Then what was your first subjective reaction after the murder...?"

Qi Feng seemed to recall something bad, and his face was painful: "The first reaction is to be afraid."

After asking these questions, Su Bai looked towards the trial platform: "Judge, my questioning is over."

dong dong!

"Then ask the litigant's lawyer to start your legal interpretation now."

"Good judge."

Su Bai tidied up his suit, and said slowly:
"The intentional crime defined in the criminal law refers to the mental state of the perpetrator who, when committing a criminal act, knows that there will be consequences that endanger society, and continues to commit it."

"According to the provisions of Article No.14 of my country's Criminal Law, intentional crimes have two characteristics:

First, the perpetrator knows that his behavior will endanger society.

Second, the perpetrator takes a laissez-faire attitude towards the consequences.

These two characteristics must be constituted at the same time to have intentional crime. "

"How to determine the intentional content of the actor is a complicated issue, and many factors must be considered."

"In the course of this case:

First, our party did not subjectively remember the location of the knives.

Second, the subjective purpose of our client is to frighten them, not to kill them.

Due to the suddenness and non-repeatability of the case, the first reaction of our party to leave was to be afraid.

As for a young college student, when encountering such a thing, it is inevitable that there will be fear. This is not a simple escape behavior, but a subconscious behavior after being frightened.

In judicial interpretation, escape generally refers to the subjective investigation of evading criminal responsibility.

During this process, our party's consciousness was disturbed. According to the law enforcement records, he rushed back to the scene at the first time and surrendered himself. This proves that he did not murder and abscond in his subjective consciousness, and he evaded accountability. .

It's just a subconscious behavior that loses its mind. "

"More importantly, according to the prosecution's allegations and evidence, our client is 178 in height, and the other two are 172 and 175 in height respectively.

Our party swiped several knives from top to bottom, trying to prevent the opponent from continuing to attack.

This is just a legitimate defense action by our side, not a deliberate result. It is our desperation in the process of legitimate defense that caused the death of the other party. "

"Our party did not foresee this result, and the process of its implementation was entirely facilitated by a strong defensive mood."

"From the perspective of criminal psychology, this is a kind of stress response in self-defense.

Our party was in the process of self-defense, which led to the emergence of this result. "

"So, in the face of the accusation of our client's intentional homicide, it cannot be established!"

After Su Bai finished speaking, he looked at Lu Wei quietly.

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(End of this chapter)