You became a lawyer and sent the judge in?

Chapter 47 The Final Defense
10 minutes after the adjournment was announced.

The recess is over.

With all the clerks standing up, Lin Youping and the two judges stepped onto the trial platform again.

dong dong!

"The adjournment is over, and the court is now open again."

Lin Youping looked at the trial materials in his hand, raised his head slightly, looked at the seat of the litigant, and then looked at the materials in his hand:

"According to the litigation applications and defenses of the litigant and the prosecution, this court summarizes the focus of the dispute in the second instance as follows:"

"One: Whether there is an intentional crime against Qi Feng subjectively."

"For the first point, this court made the following judgment based on the evidence submitted by the litigant and the prosecution:"

"According to the definition of intentional crime, intentional crime refers to the result of knowing that one's actions will constitute a harmful society, but still hopes or allows this result to happen."

"The evidence submitted by the litigant and the defense just now have shown that Qifeng does not have subjective factors of laissez-faire and hopeful behavior, so it does not constitute intentional injury."

"Decision: Qi Feng does not constitute intentional injury!"

Boom!
The result of the judgment came out that it did not constitute intentional injury, and the death penalty could no longer be established.

Qi Feng obviously understood the meaning of this point, his whole body trembled, his eye circles were red with excitement, and he looked at Su Bai, who was sitting on the litigant's seat, his eyes were filled with mist.

No need to die, no need to be shot!
At this moment, his heart was incomparably shaken, and a dawn appeared in the darkness similar to that of a Jedi.

what is this?
This is hope!
Excited, complicated, and grateful emotions flooded Qi Feng's heart.

Qi Feng's eyes were full of gratitude.

Su Bai nodded slightly.

He signaled Qi Feng not to get excited for the time being, and continued to listen to what the presiding judge had to say.

On the presiding judge's seat on the trial platform, Lin Youping raised his head slightly, looked at the defendant's seat, and continued to speak:
"Does the prosecution have any objections or supplements to this judgment? It can be raised in court."

Lu Wei took a deep breath, the defense had already been lost, and there was no point in making additions.

"We have no objection."

"Ok!"

Lin Youping nodded slightly, picked up the material in his hand, and continued:
"Now we will defend the second focus of the dispute in this court: whether Qi Feng is a legitimate defense."

"The litigant, for your claim that Qifeng is a legitimate defense, please defend yourself."

Lin Youping looked up at Su Bai who was sitting on the litigant's seat.

Su Bai knew very well that at present Qi Feng had judged that the crime was not intentional, so the next step was to fight for the defense of self-defense.

His answers to the presiding judge's questions were extremely critical.

Su Bai sorted out the litigation materials in front of him:

"Presiding judge, our defense against Qi Feng's justifiable self-defense is based on the application of justifiable self-defense under Article 20 of our Criminal Law:"

"At that time, Qi Feng was in a state of being attacked, and the other party was two people, two habitual offenders who often violated the law. No one can guarantee how much harm they will cause our client. For Qi Feng, There's a lot of danger."

"According to the judicial interpretation of justifiable defense and the evidence provided by the prosecution:

One: Unlawful infringement is taking place.

Second, when the illegal infringement is in progress.

Fourth, Qifeng's justifiable defense is based on the purpose of protecting legitimate rights and interests from illegal infringement.

Fifth, the object of Qifeng's legitimate defense is the illegal infringer himself.

The above, according to the environment we were in at the time, was applicable to us.

Regarding the third scope of application, the defensive behavior cannot exceed a certain limit. I would like to give an emphatic explanation, presiding judge. "

Lin Youping looked at Su Bai, and rang the gavel:

"The application is approved, and the litigant states your defense."

Su Bai studied the judgment of the first instance, and what Lu Wei focused on was the third clause in the square defense:

Defensive behavior cannot exceed a certain limit. Qi Feng killed two people, so it can be said that the limit has been far exceeded.

want to justify this
Some difficulty.

What he has to do is not to win from this aspect, but to prevent the opponent from winning, then this is his victory!

Facing the approval of the presiding judge's application, Su Bai neatly prepared the materials and spoke slowly:
"The criminal law stipulates that defensive behavior cannot exceed a certain limit, which means that the direct purpose of implementing defense is to stop illegal continued infringement.

That is to say, after the implementation of defense, it is limited to stop the illegal infringement. After the illegal act is stopped, the defensive behavior cannot be continued. "

"According to the description of self-defense, when Qi Feng wielded his knife, his direct purpose was to stop illegal acts.

At the same time, after Qi Feng swung his saber to defend, the reason why he continued to swat his saber was that the two opponents were continuing to commit illegal acts, so he swung his saber several times. "

"Qi Feng did not foresee the result of the death of the other two. His behavior and consciousness at that time were in a process of defense."

"It wasn't until the two opponents fell to the ground that Qi Feng stopped his behavior and did not choose to continue to infringe. Therefore, Qi Feng's situation at that time complied with the regulations of the square's defense."

"Judge, our defense is over."

Su Bai's voice fell.

On the trial stage, after listening to Su Bai's description, Lin Youping compared it with the evidence provided by the prosecution, and after confirming that it was correct, he nodded and looked at the prosecutor's seat:
"Prosecutor, please start your defense as to whether Qi Feng acted in self-defense."

Regarding Su Bai's judicial explanation, Lu Wei appeared calm.

He glanced at the materials in front of him: "Good judge."

"Our plea is as follows:"

"We believe that in this case, according to Article No. 20 of my country's Criminal Law, the judicial interpretation:

If the defensive act obviously exceeds the necessary limit and causes heavy losses, criminal responsibility shall be paid. "

"Qi Feng caused death to the other two, which is obviously a major injury."

"Moreover, according to the lawyer of the litigating party, Qi Feng did not stop his behavior until the other two fell to the ground, and did not choose to continue to infringe.

However, in this process, it is necessary to consider whether the other party still has the ability to perform illegal acts. "

"The answer is obvious. After Qi Feng swung the knife, the other two were injured."

"Although the two subjectively want to continue to exercise wrongdoing."

"But in terms of ability, I no longer have the ability to perform illegal acts!"

"Obviously, Qi Feng's behavior has exceeded the necessary limit!"

"Judge, our defense is over."

Lu Wei's voice fell.

Su Bai's eyes fell on Lin Youping, the presiding judge of the trial platform.

Although what he said just now is reasonable, but Lu Wei's defense based on the ability of the perpetrator cannot be refuted.

of course.

The presiding judge will also need to consider his defense.

Whether it can be determined whether the defense of the affirmative depends on the intention of the presiding judge, and the last key link is the court statement.

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　　i am not short and weak
　　
　
(End of this chapter)