You became a lawyer and sent the judge in?

Chapter 192 Dispute in the collegial bench, presiding judge: Do you want to send me in? !

adjournment stage.

In the court hearing, at the prosecutor's seat, Lu An let out a long sigh.

He looked quietly at the litigation materials in front of him.

Zhang Meng on the side rubbed his eyebrows and said helplessly: "The other party's litigation attorney."

"The level is very high."

Lu An nodded heavily.

"indeed."

"Originally, the collegial panel was about to determine Chen Bin's intentional crime, but was abruptly stopped."

"The other party raised objections and also provided legal basis."

"I don't know how the members of the collegial panel will judge next. It's a bit troublesome."

"Um"

Zhang Meng turned his attention to the defendant's litigation attorney's seat, rubbed his temples again, and said nothing.

.

….…

And during the adjournment stage.

In Luo Daxiang's live broadcast room.

Taking advantage of the adjournment of the court, Luo Daxiang and the fans in the live broadcast room briefly explained the legal interpretation and defense techniques of the trial just now.

Su Bai had made the relevant content very clear at the trial.

Therefore, Luo Daxiang only made simple supplements to his defense at the trial.

.

….….

In the collegial court discussion room.

This time the three members of the court hearing Chen Bin's case sat opposite each other.

Song Yuanhui placed the litigation materials in his hand on the table, frowned, and said seriously and helplessly:

"This trial defense is a bit tricky!"

"Originally, our collegial panel has studied this case. You two have no objection to Chen Bin committing intentional homicide, right?"

"But now the defendant's litigation attorney has raised the point of self-defense and provided the corresponding legal basis."

"When we made the judgment just now, we encountered objections on the spot."

"The court was forced to adjourn."

"This time the court is adjourned, I just want to ask you two what you think about the defendant's litigation attorney's suggestion that Chen Bin did not commit intentional homicide, but acted in self-defense?"

Song Yuanhui finished a few sentences in one breath.

Meng Hao, who was sitting opposite Song Yuanhui, picked up the litigation materials on the table and flipped through two pages:

"According to the legal interpretation of criminal intent in criminal law, there is nothing wrong with what the defendant said."

"What we initially focused on was that Chen Bin used a knife to kill people in this case and took the initiative to use the knife to judge Chen Bin's subjective will."

"Now... I think we need to think differently."

Shi Jiaming: "Huh? How should you think about it?"

"There is no need to change your mind at all."

"Chen Bin caused two deaths and three serious injuries!"

"And he personally admitted that at the beginning, he had the idea of ​​killing someone!"

"Wouldn't it be better to make a judgment directly based on this point? The case itself is either too troublesome or the defendant's lawyer is subjective about some details and comes up with such legal regulations to defend."

"I think the other party obviously intends to delay the trial."

"How about we decide directly?"

"Before the trial, we have already made a general judgment on the case. I think we should stick to what we discussed before."

Shi Jiaming refuted Meng Hao's statement.

Direct judgment is required.

After listening to Shi Jiaming's statement, Song Yuanhui:? ? ?

Who are you cheating on?

What case do you think you are trying?

The excitement of this trial is huge!

If it is really judged as Shi Jiaming said.

In the morning he was sentenced like this, in the afternoon he was on trending searches, and in the evening he was taken away.

Don’t even think about spending the night at home today!

Song Yuanhui ignored Shi Jiaming's words and asked instead:

"What if you show during the discussion in the collegial court that you insist on making this judgment? I will make this judgment?"

Shi Jiaming:….

During the deliberations of the collegial panel, if he insists on doing this... he will bear all the consequences.

Shi Jiaming smiled: "Forget it, that's what I said, just kidding."

"We must make judgments in accordance with the law."

Song Yuanhui ignored Shi Jiaming's joke and looked at Meng Hao:

"When you say you think about it differently, what kind of thinking do you mean?"

"Should we consider it from the perspective of self-defense?"

"Um!"

Meng Hao nodded seriously: "What I mean is that we don't necessarily have to interpret it from the perspective of Chen Bin deliberately committing a crime."

"after all."

"Based on the current court proceedings, the statements made by the defendant's lawyers have legal basis."

"The prosecution's accusation seems a bit weak."

"Um!"

"I understand, let's wait for the court session."

After listening to Meng Hao's general explanation, Song Yuanhui put away the litigation materials and nodded.

.

….….

Soon, the court recess ended.

As the clerk opened the court again, three members of the collegial bench walked up to the hearing table.

Take a seat.

According to the content of the defense of Su Bai and the prosecutor during the recess.

Song Yuanhui banged the gavel: "The adjournment is over."

"Now the trial of Chen Bin's case will continue."

"The defendant believes that Chen Bin performed the function of self-defense in this case. Does the prosecutor have anything to say about this?"

During the adjournment stage.

Lu An and Zhang Meng have already sorted out their pleas for the next trial.

Faced with Song Yuanhui's question, Lu An took a deep breath and said: "The prosecutor did not agree with the defendant's statement that Chen Bin was exercising the function of self-defense."

"first."

"The defendant has no evidence that can definitely prove that Chen Bin's subjective intention to attack Li Fei, Xu Bing and others with a knife was not an intentional crime."

"The client's statement."

"Not enough to form a chain of evidence."

"According to Chen Bin's previous narration, we can make a subjective judgment based on specific scenarios and facts."

"Secondly, the client of the defendant raised the issue of self-defense..."

"The prosecution does not agree with this."

"...According to Article 20 of the Criminal Law, the explanation of self-defense:"

"In order to protect the country, the public interest, the person, property and other rights of oneself or others from ongoing illegal infringement, actions taken to stop the illegal infringement and cause damage to the illegal infringer shall constitute legitimate defense and shall not be liable for criminal offenses. responsibility."

"Within the understanding and application of this criminal law."

"There is this point: it shows that the implementation of legitimate defense is to stop the illegal intruder and the illegal intruder's behavior, and it is a defensive behavior exercised to safeguard the legitimate rights and interests protected by law."

"When Chen Bin committed the crime."

"Li Fei, Xu Bing and others did not commit any illegal acts against Chen Bin."

"What was Chen Bin doing at that time?"

"Chen Bin was standing in the corner of the room at that time. No one did any harm to Chen Bin. At the same time, although Li Fei, Xu Bing and others were verbally harassing Chen Bin's mother He Lijuan."

"However, throughout the entire process, He Lijuan's legal rights were not infringed upon."

"It is completely inappropriate to use self-defense to explain Chen Bin's aggressive behavior."

Su Bai: "???"

What does this say?

If there is an infringement, it is an infringement. If there is no infringement, there is no infringement. What does it mean that there is no excessive infringement on He Lijuan's legal rights?

besides.

When you talk about the process, you explain everything clearly!

Faced with Lu An's statement, Su Bai directly refuted: "We believe that the prosecution's statement is not comprehensive."

"First of all, Chen Bin was standing in the corner of the room at that time."

"We will not refute this point."

"But what exactly happened?"

"The specific process is that after Chen Bin made the call to the police, law enforcement came over to check the scene at the time."

"There was no reconciliation of the conflicts between the two parties."

"Rather, I simply warned Li Fei, Xu Bing and others not to cause any other trouble. The general meaning is not to go too far."

"Then he left the scene."

"What did Li Fei and Xu Bing do after the law enforcement officers left the scene?"

"According to the detailed oral control, the law enforcement officers left, and the infringement behavior of Li Fei, Xu Bing and others escalated again."

"Originally, Li Fei, Xu Bing and others only verbally insulted He Lijuan, but after the law enforcement officers left, it escalated to behavioral harassment."

"According to the law, the identification of legitimate rights and interests."

"Legitimate rights and interests not only refer to life and health, personal safety, but also personal freedom, personal dignity, etc."

"Li Fei, Xu Bing and others verbally insulted He Lijuan at the beginning, but after the law enforcement officers left, they became even more arrogant, further forcing He Lijuan's personal freedom, insulting her personal dignity, and even The damage to personal health will be caused later.”

"According to the prosecutor's statement, although Li Fei and others did not harm Chen Bin, when Chen Bin took the knife to stop him, the first thing he did was to prevent Li Fei, Xu Bing and others from committing illegal acts against He Lijuan. .”

"Second: When Chen Bin stopped Li Fei, Xu Bing and others from committing illegal acts, Li Fei, Xu Bing and others did not care at all and continued to commit illegal acts."

"That's why Chen Bin took the behavioral measures to continue to defend himself."

"Imagine that in that scene, Chen Bin's mother was being violated. He stepped forward to stop her, but the other party did not stop and continued to violate her."

"This infringement is not against life and health, but against the legitimate rights and interests of personal freedom and human dignity."

"In the process of continuing the violation, Chen Bin carried out his defensive behavior."

"Is there a problem?"

"Legitimate rights and interests do not only refer to the right to life and health."

"At the same time, restricting personal freedom and human dignity is also an illegal infringement."

"In addition, based on this point, I would like to make a brief statement on Chen Bin's subjective behavior."

"When Chen Bin had the intention to kill, the law enforcement officers had not yet come."

"During this period, Chen Bin contacted relevant law enforcement officials to resolve the problem."

"Then it means that although he had this idea, the first solution he thought of was to seek help from law enforcement officials."

"This is his true purpose, so this also rejects the prosecution's statement that Chen Bin only had a confession and no other evidence or factual basis."

"Based on the above, we believe that Chen Bin's behavior was an act of self-defense."

After Su Bai finished his statement, he simply collected the information.

On the court bench.

Song Yuanhui summarized the statements of the prosecutor and Su Bai.

First of all, from the perspective of the prosecutor's statement, the prosecutor believed that Chen Bin did not fall into the category of self-defense.

Because Li Fei and others did not commit any illegal harm to Chen Bin at that time.

This illegal infringement mainly targets the personal safety of Chen Bin and He Lijuan.

Moreover, Chen Bin's confession is not enough to form a chain of evidence to refute Chen Bin, and there is no subjective intention to intentionally kill.

But relatively speaking.

Su Bai's retort was even sharper.

Su Bai's rebuttal mainly focused on legitimate rights and interests.

The legitimate rights and interests described by Lu An refer solely to personal safety.

Su Bai, on the other hand, suffered humiliation from He Lijuan and was disgusted by the dirty words.

And faced with the pull of Li Fei and Xu Bing to expose their privacy, they defended their legitimate rights and interests based on personal freedom and dignity.

The more important point is that Chen Bin reported to the police.

In other words, Chen Bin still called the police after his mother was insulted with murderous intent.

From this point, Chen Bin’s subjective intention can be judged.

Why?

Because how can anyone want to kill someone but go to the police?

In other words, this point refutes the evidence presented by the prosecution which is only oral confession.

After listening to the arguments of both parties and summarizing them.

Song Yuanhui had the idea of ​​​​judgment in his heart.

but.…

In the statements of both parties, there is also an important factor involved.

That's law enforcement...

.

….

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