You became a lawyer and sent the judge in
Chapter 248 Love and Law?Su Bai: I want it all!
Chapter 248 Love and Law?Su Bai: I want it all!
In court.
The presiding judge Qin Yong frowned slightly after listening to Su Bai's statement.
Act bravely...
The prosecutor did not raise this point at the trial.
The defendant raised this point based on established facts.
It's just that in the court hearing, no judgment has been made yet.
Immediately afterwards, Qin Yong looked at the prosecutor.
The determination of this aspect is a discussion between the prosecutor, that is, the public prosecutor, and the defendant parties.
Qin Yong said: "Please ask the prosecutor to respond."
Hearing the presiding judge's words, Tang Liang nodded slightly: "Okay, presiding judge."
Then he continued to speak.
"President, we do not agree with the defendant's point of view."
"The specific points are as follows:"
"First point: In the cross-examination session just now, it was obvious through questioning that Guang Youzhi had admitted his crime and formed a complete chain of evidence, accompanied by the subjective intention of intentionally hurting others."
"Second point: There is no conflict between acts of bravery and intentional harm. There is no specific relationship between the two."
"In other words, even if Guang Youzhi acted bravely, but he caused harm to Wang Qiang, and it was substantial harm, it is also considered intentional harm."
"His own intentional harming behavior cannot be ignored because of his brave behavior. It is wrong to make such a determination."
"Third: Whether Guang Youzhi is a brave act needs to be determined."
"The above is our view."
"Based on the above three points, the prosecutor does not agree with the views stated by the lawyer appointed by the defendant."
"Presiding judge, the prosecution has finished its statement."
Tang Liang's stated point of view is also very simple, that is -
You have to act bravely when you see what is right, but intentional injury is caused by facts, and the injury is also a fact, and cannot be generalized.
And whether Guang Youzhi is an act of bravery is yet to be determined.
The above is the view stated by Tang Liang.
Faced with the above points, Su Bai opened his mouth to refute.
The first point of rebuttal is whether Cong Guang is ambitious and acts bravely.
He has just stated what constitutes a heroic act.
The components of courageous behavior are relatively simple.
Therefore, Su Bai directly applied to the court to determine whether Guang Youzhi acted bravely.
"Presiding judge, we do not agree with the prosecution's determination of our side."
"As for the third point, based on the evidence provided by the relevant law enforcement parties and the confession of the woman who was bullied by Wang Qiang, we obviously acted bravely."
"I apply to judge the behavior of our client Guang Youzhi at that time."
"After the judgment is concluded... the trial will continue on other aspects of this case."
Qin Yong agreed with Su Bai's statement, looked through the relevant materials, and then asked Guang Youzhi a few questions.
"I would like to ask Guang Youzhi, the defendant, what was your immediate reaction when you saw Wang Qiang bullying the girl?"
Guang Youzhi replied: "President, I didn't think too much about anything at the first time. All I thought about was helping that girl."
"I don't want him to be bullied by others."
"Then for what purpose do you want to help this girl?"
"The purpose at the time was very simple. At that time, I saw Wang Qiang pulling the girl. The girl was full of reluctance, and he still wanted to pull her into the car."
"The first thing I thought was that Wang Qiang was bullying people, so I went up to take action. If I talked about the purpose, I think the purpose might be to save people."
"There is no other purpose... I have always seen cases of bullying online when I was in school.
So I have been thinking in my heart, if I encounter this kind of thing, will I help others...
The psychological hint I gave myself at the time was that if I encountered it, I would definitely help others.
Because I am also worried about what kind of danger my relatives will encounter outside in the future and others will not be willing to help. "
As a newly graduated college student, Guang Youzhi had a simple idea. When the presiding judge asked, he expressed his thoughts directly.
"Ok."
After Qin Yong listened to Guang Youzhi's answer, he already had a rough judgment in his heart.
Guang Youzhi's behavior can indeed be called courageous, and there is no problem in judging this point.
But at what point is there a problem?
The problematic point is - in this process of acting bravely.
Guang Youzhi caused Wang Qiang's serious injury. From the perspective of bravery and subjective behavior, it is legal and reasonable to judge whether Guang Youzhi caused Wang Qiang's serious injury.
This is the most critical point in this trial.
Qin Yong has never handled this kind of case before.
But based on previous cases.
Most cases.…
If the perpetrator is seriously injured or killed during his act of bravery.
Anyone who acts bravely will be judged as intentional injury, but in terms of sentencing, a discretionary decision will be made.
It's just that in this trial, Su Bai defended not guilty.
Qin Yong was curious about the perspective from which the lawyer appointed by the defendant would judge the innocence.
The gavel sounded.
Qin Yong spoke: "It is aimed at the behavior of Guang Youzhi, the defendant party."
"The court determined that Guang Youzhi's behavior was courageous."
"Do the parties have any other objections?"
When Wang Qiang heard the presiding judge's decision, he turned to look at his client lawyer, Zhang Shuo.
"Lawyer Zhang...will the presiding judge's decision affect the final verdict of the trial?"
Zhang Shuo nodded: "If we take into account his courageous behavior, it will affect the final judgment of the trial, and the sentence may be reduced or reduced."
"Reduced sentence?"
Wang Qiang's expression changed slightly. Reducing the sentence would definitely not work!
"Lawyer Zhang...didn't you tell me before that you could prevent the other party from judging it as a heroic act of righteousness?"
Zhang Shuo nodded slightly: "You can prevent the other party from being judged as a righteous act of bravery, but the premise is that the woman you attracted at the beginning has a special relationship with you, for example, you two know each other."
"I remember I told you about this in advance..." "What's more important is that the law enforcement authorities have already filed and verified the case. Unless the woman is allowed to change her confession, there is no chance..."
"The courageous act of justice determined in this court hearing cannot be changed."
"No need to keep thinking about it."
Zhang Shuo's last words destroyed Wang Qiang's thoughts.
Wang Qiang nodded silently and said nothing more.
None of the parties disagreed.
At the trial table, the presiding judge Qin Yong once again gave a brief summary.
There are two most critical points in this court hearing.
First: Is there any specific connection between Guang Youzhi's brave behavior and the harm to Wang Qiang?
Second: Whether the brave behavior and the intentional injury should bear relevant responsibilities respectively.
Only these two key points are needed to complete the defense.
Then, this trial can roughly determine whether Guang Youzhi is guilty or not.
Thinking of this, Qin Yong, as the presiding judge, said: "It has now been determined that Guang Youzhi's behavior at the time was an act of bravery."
"The prosecutor determined that Guang Youzhi caused serious injuries to Wang Qiang in this case in his brave behavior, which was intentional injury."
"And stated Guang Zhiyou's subjective intention to intentionally cause harm."
"Can the prosecutor provide a detailed explanation on this point?"
"Yes presiding judge."
Tang Liang nodded and continued: "The presiding judge judged that Guang Youzhi acted bravely for justice. On this point, I have no objection."
"but."
"Guang Youzhi's behavior of helping others is an act of bravery, and in civil terms, its nature is an unreasonable management behavior that illegally infringes on others and takes risks."
"From a criminal point of view, Guang Youzhi's brave behavior during this process did not constitute legitimate defense or emergency avoidance."
"Therefore, his intentional injury is established and does not disappear because of his heroic behavior."
"Although in this regard, I fully understand why Guang Youzhi was prosecuted even though he clearly acted bravely for justice...it is not consistent with the situation."
"But emotion and law must be separated. Guang Youzhi's behavior of causing serious injury to Wang Qiang was the result. From this aspect, Guang Youzhi committed intentional injury and caused Wang Qiang's serious injury."
"It's an established fact."
"Just because he acted out of righteousness does not mean that he did not intentionally cause harm."
"If he is not judged to have intentionally caused harm because of his brave behavior, this is a blasphemy against the law and a disrespect for the law out of emotion!"
"Based on this, the prosecutor insists that Guang Youzhi's behavior was intentional harm."
After finishing his statement, Tang Liang looked up at the presiding judge's seat and the defendant's seat.
His statement was very simple.
to be honest.
This means that he also agrees that Guang Youzhi is a brave person.
But what about acting bravely?
Acting bravely for a just cause means acting bravely for a just cause, and intentional injury means intentional injury. There should be a separation between the two.
It is not difficult to see from Tang Liang's statement that his point of view is to act bravely and not to pay for intentional harm.
In other words...your brave behavior has caused harm to the perpetrator, and the harm is substantial.
With this kind of substantive result, then you are equivalent to saying that you committed a crime intentionally,
In this regard, love and law are also elaborated.
tsk tsk...
After hearing Tang Liang's statement, Su Bai raised his head slightly and glanced at Tang Liang.
Is Tang Liang right?
Correct!
But in this case, he disagreed.
So he retorted: "I would like to ask the prosecutor, how can you determine that Guang Youzhi's brave behavior and intentional injury are separate?"
"Guang Youzhi's brave behavior...from the perspective of the beginning."
"What is it?"
"This is to stop Wang Qiang's illegal infringement!"
"There's no problem with that, right?"
Tang Liang: "No problem."
"So while blocking Wang Qiang's illegal infringement, did Wang Qiang fight back?"
"Yes."
"After Wang Qiang counterattacked, what happened between the two of them?"
"Did the two of them get into a situation where they were fighting each other?"
"During this process, what we have always discussed is what our client's subjective behavior was at that time."
"What are the facts stated by the prosecutor? The facts stated by the prosecutor are a civil issue for us."
"But in this case, what should be stated is the criminal aspect, so the discussion must be based on the subjective purpose from the beginning."
"Our initial view was that it was an act of courage to stop Wang Qiang's illegal infringement, but Wang Qiang later resisted."
"Wang Qiang's rebellious behavior was because his illegal infringement was not carried out and was blocked. He was blocked by our client, and he became angry and carried out an attack."
"This type of attack was clearly a deliberate attack on our client."
"During this process, we fought back and caused serious injuries to the other party."
"It loses the ability to illegally infringe."
"This is the point we want to express."
"Once again, we emphasize that this was not intentional on our part, we were just acting bravely to stop the other party's illegal infringement."
"Judge, we have finished our statement."
Su Bai's stated views are opposite to Tang Liang's stated views.
Tang Liang believes that there is no relationship between the two.
However, Su Bai determined that there was a corresponding relationship between the two by describing the process.
That is, Guang Youzhi’s behavior at that time did not constitute intentional harm.
Tang Liang's stated view is that Guang Youzhi's behavior was sentimental but has no legal support.
Su Bai:? ? ?
Do you take a look at my point of view above? It’s sentimental but not supported by law.
The views I stated are supported by reason and are supported by law.
Children only make choices, I want both!
PS: Please give me a monthly ticket~
(End of this chapter)
In court.
The presiding judge Qin Yong frowned slightly after listening to Su Bai's statement.
Act bravely...
The prosecutor did not raise this point at the trial.
The defendant raised this point based on established facts.
It's just that in the court hearing, no judgment has been made yet.
Immediately afterwards, Qin Yong looked at the prosecutor.
The determination of this aspect is a discussion between the prosecutor, that is, the public prosecutor, and the defendant parties.
Qin Yong said: "Please ask the prosecutor to respond."
Hearing the presiding judge's words, Tang Liang nodded slightly: "Okay, presiding judge."
Then he continued to speak.
"President, we do not agree with the defendant's point of view."
"The specific points are as follows:"
"First point: In the cross-examination session just now, it was obvious through questioning that Guang Youzhi had admitted his crime and formed a complete chain of evidence, accompanied by the subjective intention of intentionally hurting others."
"Second point: There is no conflict between acts of bravery and intentional harm. There is no specific relationship between the two."
"In other words, even if Guang Youzhi acted bravely, but he caused harm to Wang Qiang, and it was substantial harm, it is also considered intentional harm."
"His own intentional harming behavior cannot be ignored because of his brave behavior. It is wrong to make such a determination."
"Third: Whether Guang Youzhi is a brave act needs to be determined."
"The above is our view."
"Based on the above three points, the prosecutor does not agree with the views stated by the lawyer appointed by the defendant."
"Presiding judge, the prosecution has finished its statement."
Tang Liang's stated point of view is also very simple, that is -
You have to act bravely when you see what is right, but intentional injury is caused by facts, and the injury is also a fact, and cannot be generalized.
And whether Guang Youzhi is an act of bravery is yet to be determined.
The above is the view stated by Tang Liang.
Faced with the above points, Su Bai opened his mouth to refute.
The first point of rebuttal is whether Cong Guang is ambitious and acts bravely.
He has just stated what constitutes a heroic act.
The components of courageous behavior are relatively simple.
Therefore, Su Bai directly applied to the court to determine whether Guang Youzhi acted bravely.
"Presiding judge, we do not agree with the prosecution's determination of our side."
"As for the third point, based on the evidence provided by the relevant law enforcement parties and the confession of the woman who was bullied by Wang Qiang, we obviously acted bravely."
"I apply to judge the behavior of our client Guang Youzhi at that time."
"After the judgment is concluded... the trial will continue on other aspects of this case."
Qin Yong agreed with Su Bai's statement, looked through the relevant materials, and then asked Guang Youzhi a few questions.
"I would like to ask Guang Youzhi, the defendant, what was your immediate reaction when you saw Wang Qiang bullying the girl?"
Guang Youzhi replied: "President, I didn't think too much about anything at the first time. All I thought about was helping that girl."
"I don't want him to be bullied by others."
"Then for what purpose do you want to help this girl?"
"The purpose at the time was very simple. At that time, I saw Wang Qiang pulling the girl. The girl was full of reluctance, and he still wanted to pull her into the car."
"The first thing I thought was that Wang Qiang was bullying people, so I went up to take action. If I talked about the purpose, I think the purpose might be to save people."
"There is no other purpose... I have always seen cases of bullying online when I was in school.
So I have been thinking in my heart, if I encounter this kind of thing, will I help others...
The psychological hint I gave myself at the time was that if I encountered it, I would definitely help others.
Because I am also worried about what kind of danger my relatives will encounter outside in the future and others will not be willing to help. "
As a newly graduated college student, Guang Youzhi had a simple idea. When the presiding judge asked, he expressed his thoughts directly.
"Ok."
After Qin Yong listened to Guang Youzhi's answer, he already had a rough judgment in his heart.
Guang Youzhi's behavior can indeed be called courageous, and there is no problem in judging this point.
But at what point is there a problem?
The problematic point is - in this process of acting bravely.
Guang Youzhi caused Wang Qiang's serious injury. From the perspective of bravery and subjective behavior, it is legal and reasonable to judge whether Guang Youzhi caused Wang Qiang's serious injury.
This is the most critical point in this trial.
Qin Yong has never handled this kind of case before.
But based on previous cases.
Most cases.…
If the perpetrator is seriously injured or killed during his act of bravery.
Anyone who acts bravely will be judged as intentional injury, but in terms of sentencing, a discretionary decision will be made.
It's just that in this trial, Su Bai defended not guilty.
Qin Yong was curious about the perspective from which the lawyer appointed by the defendant would judge the innocence.
The gavel sounded.
Qin Yong spoke: "It is aimed at the behavior of Guang Youzhi, the defendant party."
"The court determined that Guang Youzhi's behavior was courageous."
"Do the parties have any other objections?"
When Wang Qiang heard the presiding judge's decision, he turned to look at his client lawyer, Zhang Shuo.
"Lawyer Zhang...will the presiding judge's decision affect the final verdict of the trial?"
Zhang Shuo nodded: "If we take into account his courageous behavior, it will affect the final judgment of the trial, and the sentence may be reduced or reduced."
"Reduced sentence?"
Wang Qiang's expression changed slightly. Reducing the sentence would definitely not work!
"Lawyer Zhang...didn't you tell me before that you could prevent the other party from judging it as a heroic act of righteousness?"
Zhang Shuo nodded slightly: "You can prevent the other party from being judged as a righteous act of bravery, but the premise is that the woman you attracted at the beginning has a special relationship with you, for example, you two know each other."
"I remember I told you about this in advance..." "What's more important is that the law enforcement authorities have already filed and verified the case. Unless the woman is allowed to change her confession, there is no chance..."
"The courageous act of justice determined in this court hearing cannot be changed."
"No need to keep thinking about it."
Zhang Shuo's last words destroyed Wang Qiang's thoughts.
Wang Qiang nodded silently and said nothing more.
None of the parties disagreed.
At the trial table, the presiding judge Qin Yong once again gave a brief summary.
There are two most critical points in this court hearing.
First: Is there any specific connection between Guang Youzhi's brave behavior and the harm to Wang Qiang?
Second: Whether the brave behavior and the intentional injury should bear relevant responsibilities respectively.
Only these two key points are needed to complete the defense.
Then, this trial can roughly determine whether Guang Youzhi is guilty or not.
Thinking of this, Qin Yong, as the presiding judge, said: "It has now been determined that Guang Youzhi's behavior at the time was an act of bravery."
"The prosecutor determined that Guang Youzhi caused serious injuries to Wang Qiang in this case in his brave behavior, which was intentional injury."
"And stated Guang Zhiyou's subjective intention to intentionally cause harm."
"Can the prosecutor provide a detailed explanation on this point?"
"Yes presiding judge."
Tang Liang nodded and continued: "The presiding judge judged that Guang Youzhi acted bravely for justice. On this point, I have no objection."
"but."
"Guang Youzhi's behavior of helping others is an act of bravery, and in civil terms, its nature is an unreasonable management behavior that illegally infringes on others and takes risks."
"From a criminal point of view, Guang Youzhi's brave behavior during this process did not constitute legitimate defense or emergency avoidance."
"Therefore, his intentional injury is established and does not disappear because of his heroic behavior."
"Although in this regard, I fully understand why Guang Youzhi was prosecuted even though he clearly acted bravely for justice...it is not consistent with the situation."
"But emotion and law must be separated. Guang Youzhi's behavior of causing serious injury to Wang Qiang was the result. From this aspect, Guang Youzhi committed intentional injury and caused Wang Qiang's serious injury."
"It's an established fact."
"Just because he acted out of righteousness does not mean that he did not intentionally cause harm."
"If he is not judged to have intentionally caused harm because of his brave behavior, this is a blasphemy against the law and a disrespect for the law out of emotion!"
"Based on this, the prosecutor insists that Guang Youzhi's behavior was intentional harm."
After finishing his statement, Tang Liang looked up at the presiding judge's seat and the defendant's seat.
His statement was very simple.
to be honest.
This means that he also agrees that Guang Youzhi is a brave person.
But what about acting bravely?
Acting bravely for a just cause means acting bravely for a just cause, and intentional injury means intentional injury. There should be a separation between the two.
It is not difficult to see from Tang Liang's statement that his point of view is to act bravely and not to pay for intentional harm.
In other words...your brave behavior has caused harm to the perpetrator, and the harm is substantial.
With this kind of substantive result, then you are equivalent to saying that you committed a crime intentionally,
In this regard, love and law are also elaborated.
tsk tsk...
After hearing Tang Liang's statement, Su Bai raised his head slightly and glanced at Tang Liang.
Is Tang Liang right?
Correct!
But in this case, he disagreed.
So he retorted: "I would like to ask the prosecutor, how can you determine that Guang Youzhi's brave behavior and intentional injury are separate?"
"Guang Youzhi's brave behavior...from the perspective of the beginning."
"What is it?"
"This is to stop Wang Qiang's illegal infringement!"
"There's no problem with that, right?"
Tang Liang: "No problem."
"So while blocking Wang Qiang's illegal infringement, did Wang Qiang fight back?"
"Yes."
"After Wang Qiang counterattacked, what happened between the two of them?"
"Did the two of them get into a situation where they were fighting each other?"
"During this process, what we have always discussed is what our client's subjective behavior was at that time."
"What are the facts stated by the prosecutor? The facts stated by the prosecutor are a civil issue for us."
"But in this case, what should be stated is the criminal aspect, so the discussion must be based on the subjective purpose from the beginning."
"Our initial view was that it was an act of courage to stop Wang Qiang's illegal infringement, but Wang Qiang later resisted."
"Wang Qiang's rebellious behavior was because his illegal infringement was not carried out and was blocked. He was blocked by our client, and he became angry and carried out an attack."
"This type of attack was clearly a deliberate attack on our client."
"During this process, we fought back and caused serious injuries to the other party."
"It loses the ability to illegally infringe."
"This is the point we want to express."
"Once again, we emphasize that this was not intentional on our part, we were just acting bravely to stop the other party's illegal infringement."
"Judge, we have finished our statement."
Su Bai's stated views are opposite to Tang Liang's stated views.
Tang Liang believes that there is no relationship between the two.
However, Su Bai determined that there was a corresponding relationship between the two by describing the process.
That is, Guang Youzhi’s behavior at that time did not constitute intentional harm.
Tang Liang's stated view is that Guang Youzhi's behavior was sentimental but has no legal support.
Su Bai:? ? ?
Do you take a look at my point of view above? It’s sentimental but not supported by law.
The views I stated are supported by reason and are supported by law.
Children only make choices, I want both!
PS: Please give me a monthly ticket~
(End of this chapter)
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