As a Lawyer, You Sent the Judge In?

Chapter 274 Judgment results, disputes among collegial panel members.

Lin Youping's eyes fell on Su Bai, and he happened to see Su Bai looking in his direction.

 When looking into each other's eyes.

Su Bai was smiling. Lin Youping noticed it but didn't say anything.

At this point in the case, in fact, as long as the final judgment is made, the outcome of the entire trial has basically been decided.

As for the defense just now, both sides have certain reasons for their defense.

 Of course, when the judgment is made for the first time.

The reason why Lin Youping prefers the defendant is because the prosecution’s statement has too little basis.

 And the stated point of view...has certain problems.

Why do you say that?

 Because law enforcement officers can carry out law enforcement if they are casual.

 Then he can carry out law enforcement for any reason, even for those who have not violated the law, so-called "enforcement" in the name of law enforcement.

Therefore, when making a judgment, the judgment will definitely not be based on the prosecutor's statement.

The prosecutors did not dare to give a positive answer or statement in this regard during the public trial.

The court will definitely not make a judgment based on the meaning expressed by the prosecutor.

 This point was the main factor in the previous determination.

but now.

 Whether it is the statement of the lawyer entrusted by the defendant or the statement of the prosecutor, they are all supported by factual basis and legal basis.

  The things that need to be considered in this case are relatively complex and must be determined based on the specific environment.

Taking a deep breath, Lin Youping asked the prosecution, Xia Jingping, to make supplementary statements as the client.

“The prosecution entrusted the client or the lawyer, is there anything else that you want to add to this case?”

“The focus of the inquiry is mainly on criminal aspects and civil claims. The defense will not be conducted until the criminal judgment is completed.”

.

 …

Facing the presiding judge's question, Xia Jingping quickly pointed his eyes at Li Xiong.

 Li Xiong:.….

“Presiding Judge, we have something to add in the criminal aspect.”

 “Please state.”

 “Okay, presiding judge.”

Li Xiong nodded, wondering whether it was intentional injury or defensive behavior.

 This point was stated very clearly by both the prosecution and the defense just now, and from all aspects.

Judging from Xia Jingping's request, her idea is that if Zhou Li can be given a serious sentence, then she should be given a serious sentence.

 In response to this point, Li Xiong continued to speak: "Presiding judge, please answer the criminal aspect."

“What we want to state is that the defendant’s lawyer stated that the relevant criminal liability should be considered from the perspective of the merchant.”

“Then, the relevant criminal liability must also be considered from the perspective of law enforcement officials.”

“They were enforcing the law, and encountered some obstacles in the process of enforcing the law, so they used some other behaviors.”

 “We will make it clear again first.”

“We know that this obstruction may not be caused by Zhou Li, but the whole process is to enforce the law against Zhou Li. We hope to consider this aspect before deciding on Zhou Li’s sentence.”

“Presiding judge, we have finished our statement.”

 After Li Xiong finished his statement, Xia Jingping suddenly raised his hand for some reason. After receiving approval, he said:

“The man in my family was stabbed to death by Zhou Li while he was at work.”

“Zhou Li deliberately harmed law enforcement officers.”

"The death penalty must be imposed, presiding judge, this is my point of view, this Zhou Li must be sentenced to death!"

　　　….”

 In response to Xia Jingping's statement, the presiding judge Lin Youping frowned slightly and did not say anything further.

 Just hit the hammer, let the tranquility remain silent, and then spoke:

“The court will be adjourned now. After the adjournment, civil liability will be discussed, and then court statements will be made.”

　　　…

 The court is adjourned.

 This is the second adjournment of this trial, and it is also the most critical one.

 After the adjournment, almost all the relevant content of this trial has been decided.

 Civil compensation is an amount that definitely needs to be compensated, and the amount should be within the reasonable range.

I just don’t know how the members of the collegial panel will make a judgment regarding this trial.

 The court statement should be a more critical and important part of this trial.

Su Bai thought silently in his heart.

.

 ….

During the adjournment, the most nervous person was Zhou Li. He didn’t know what he would face in this trial.

 But he knew very well that he had indeed caused the other party's death.

Zhou Li's expression was full of nervousness, but when he looked at Su Bai, for some reason, he immediately relaxed a lot.

.

 ….

at the same time.

 During this court hearing, the audience who paid the most attention to this case were also the viewers who watched the live broadcast of the trial.

Everyone has guesses about the final outcome of this case:

“In the live broadcast room, the prize guessing is based on legal basis!”

“I’m here first. In this trial, I am on the defendant’s side. The defendant will definitely be able to overturn the original judgment of the first instance!”

“Bah! You’re shameless upstairs. Everyone knows that when the judgment is made at the beginning, the first-instance verdict cannot be maintained.

The most important thing now is to determine whether it was intentional injury or defensive behavior. This means whether Zhou Li's sentence is fixed-term imprisonment or life imprisonment. If he is sentenced to fixed-term imprisonment, how many years will it be. "

“I guess he will be sentenced to ten years in prison! Apart from anything else, He Ping is a law enforcer after all, and causing the death of a law enforcer should be punished with a heavy sentence.”

 “So ten years in prison is about the same!”

“Almost…it feels like it’s either ten years’ imprisonment or life imprisonment. Anyway, it’s impossible to uphold the original judgment of the first instance.”

“Ahem…you forgot who was the attorney for the defendant in this trial. I guess he was acquitted!”

　　【white eyes】

This trial is a defense for commutation of sentence, not a defense for innocence. Guess acquittal?

 It’s funny!

At the same time, some people began to ask Luo Daxiang, but Luo Daxiang just smiled at this question:

“At present, the court hearing has not yet directly announced the verdict. The court statement is also a very important aspect. I cannot make too much judgment on this issue.”

 “Let’s continue watching until the court session begins.”

.

 ….

the other side.

 In the collegial court discussion room.

Lin Youping, as the presiding judge, is listening to Zhang Bo and Feng Yuan’s ideas.

ˆ Zhang Bo and Feng Yuan have different ideas about this trial.

 Zhang Bo opened his mouth and stated: “As for the verdict of this court trial, I prefer the prosecution’s statement.”

“There is not much problem with what the prosecutor stated. Zhou Li specifically aimed the knife at He Ping’s chest. What does this mean?”

“According to common sense, the human heart is very fragile. Since he chose to attack like this, he had foreseen and expected the corresponding results.”

  “It can be said to have a very clear intentionality.”

 “I think it can be determined as intentional injury.”

"After all...although He Ping had corresponding aggressive behavior in advance."

"But we have to take some specific factors into consideration. What if Zhou Li waited for He Ping to attack him with a knife on purpose, and then counterattacked?"

“Should we consider this issue?”

 Feng Yuan was silent for a few seconds and retorted: "Lao Zhang, I think you are thinking wrong."

 “Think about it!”

"Even if Zhou Li deliberately waited for He Ping to attack him with a knife, and then counterattacked." "But if He Ping hadn't attacked Zhou Li first, what would have happened later?"

 “Definitely not!”

“We also need to consider a certain causal relationship in criminal determination.”

“He Ping took the lead first, and then Zhou Li attacked with a knife.”

  “There is no big problem with this.”

“In other words, He Ping saw Zhou Liyou holding a knife, why did he continue to attack?”

“Furthermore, Zhou Li had no intention of launching a deliberate attack at the beginning.”

“Based on this, Zhou Li’s behavior can be regarded as a defensive behavior rather than an intentional behavior.”

“Even if he acted intentionally subjectively, his actions were defensive.”

  “And under the circumstances, no one could tell what the situation was.”

 “Lao Zhang, are you right?”

.

 ….

 After listening to Feng Yuan’s analysis, Zhang Bo thought silently, and then turned his attention to Lin Youping.

“I agree with Feng Yuan, but how to determine the sentence for serious consequences caused by defensive behavior?”

“After all, it has caused serious consequences. We must have a careful discussion on the prison term, right?”

 After listening to the opinions of the two people, Lin Youping took a long breath: "Well, the prison term is an issue."

“Let’s talk about how to make a judgment first, then we’ll talk about civil compensation, and finally we’ll talk about prison terms.”

"Um."

"good."

Facing Lin Youping’s proposal, Zhang Bo and Feng Yuan nodded.

.

 ….

 Soon, the second adjournment ended.

 Members of the collegial panel sit back on the bench.

Lin Youping banged the gavel, and then slowly said: "The trial continues."

“Does the parties have anything to add regarding whether Zhou Li committed intentional injury or defensive behavior?”

 Su Bai: “There is nothing to add.”

 Others: “Nothing to add.”

　　咚咚!

 The gavel struck.

“The parties have no objection to the above defense and there is no additional content.”

  “Let’s make a judgment now.”

“It is determined that Zhou Li’s behavior does not constitute intentional harm.”

“According to relevant legal provisions, when Zhou Li first held the knife, the overall behavior was a defensive process.”

“But in the process of defense, we were deliberately attacked and provocative by He Ping.”

“Furthermore, Zhou Li did not show any other behavior before the attack.”

 “Neither intentional murder.”

“Based on the above, it is determined that Zhou Li’s behavior does not constitute intentional harm.”

　　咚咚!

 “Do the parties have any objections?”

Neither Su Bai nor the prosecutor had any objection, and the court's decision was based on facts.

What Cai Wanqiang didn't expect was that the court would rule it as a defensive act.

 Determine defense.…

In this case, it is impossible for Zhou Li to be sentenced to life imprisonment because of his own defense.

　　Lost the lawsuit!

 Cai Wanqiang thought silently in his heart.

.

 ….

 On the other side, Xia Jingping stood up directly from the prosecution's seat:

 “Presiding Judge!”

 “What does this judgment mean?”

“The other party was judged not to have done it intentionally. He even had a knife. The presiding judge also had a knife. Did you know that?”

 Lin Youping:.….

 Faced with Xia Jingping's repeated questioning at the court hearing.

Lin Youping banged the hammer directly: "During the whole process, Zhou Li took the knife, but did he stab He Ping the first time he took the knife?"

“If He Ping hadn’t hit Zhou Li, would Zhou Li have stabbed him?”

“In court, there is a strong emphasis on cause and effect.”

"In other words, what if Zhou Li didn't have a knife? Then whose fault was He Ping for beating Zhou Li?"

Xia Jingping: "I don't care, my man is enforcing the law, that's right!"

Lin Youping had no such explanation for Xia Jingran and just asked the bailiff to warn Xia Jingran.

He can understand Xia Jingping's mood, but in court, law and legal causation are important.

I can only say that everyone has a different perspective and way of looking at the problem.

 After Xia Jingping calmed down, the trial continued. This time the issue of civil compensation was discussed.

 In criminal matters.

 Li Xiong was not too surprised after hearing the result of the judgment.

 Because according to the specific scene and the judgment of defensive behavior, Zhou Li can indeed be called a defensive behavior.

Xia Jingping still has certain demands for civil compensation, which is 2 million yuan.

 Li Xiong raised this point.

but.…

 As for the civil liability attached to this criminal lawsuit, the compensation amount is 2 million yuan.

Lin Youping dismissed the case on the spot: “The civil compensation demanded by the prosecution is far higher than the statutory civil liability for compensation.”

“Regarding the cost of mental loss, the cost of compensation for mental damage is too high for what couples, parents and children require.”

 “Reject now.”

“But regarding this point, I would like to ask the prosecution: Is the prosecution willing to reach an understanding, or is it unwilling to reach an understanding?”

Xia Jingjing didn't quite understand what this meant, so she turned to look at the lawyer beside her.

“Lawyer Li, what does the presiding judge mean by asking this question?”

Li Xiong explained: "If you are willing to reach an understanding, or ask the other party to compensate a certain amount to reach an understanding, then the sentence against the other party may be shorter."

“If you are unwilling to reach an understanding, the other party’s sentence will be longer and the compensation may be very small.”

“Of course it depends on whether the other party is willing or not.”

Hearing Li Xiong's explanation, Xia Jingping said without hesitation: "I am willing to reach an understanding."

 Li Xiong:? ? ?

Just now, I was sentenced to death, but now I understand that if an understanding is not reached, the compensation fee may be reduced, so I directly choose to be willing to understand?

Li Xiong rubbed his eyebrows, a little confused, but since he is willing to reach an understanding, the subsequent results will be much easier to handle.

 After hearing Xia Jingping’s willingness to forgive, Lin Youping took a look at the litigation materials.

 In this court hearing, all relevant judgment conditions have been determined.

 The remaining issue is about Zhou Li’s sentence!

 Period of sentence.…

Lin Youping already had a rough idea in mind.

 The rest mainly depends on the court statements of the parties.

.

 ….

 PS: During the double monthly pass period, please give me a monthly pass~

 (End of this chapter)