As a Lawyer, You Sent the Judge In? Chapter 195

Chapter 195 The verdict is final! Xiao Li: Looking forward to the next one!

 During the recess.

Song Yuanhui has completed sorting out the relevant litigation materials.

 Based on discussions with Meng Hao, a rough judgment was made.

  As long as the last court statement is completed, the verdict can be announced on the spot.

 Soon, the adjournment ended.

 Accompanied by three members of the collegial panel, he walked into the court hearing room.

 The court will be held again.

All parties to the trial also know that after this court session, after making court statements, the outcome of the trial will most likely be announced directly.

Everyone present except the defendant was nervous.

 The other one is Lu An.

 After all...the court decision affects his work.

Su Bai had a rough judgment on the verdict.

 There is not much tension.

 There are only two situations regarding Yu Chen Bin's judgment.

Either legitimate defense or excessive defense. If it is judged as excessive defense, the sentence will not be too severe.

 It cannot be more than three years.

 This is Su Bai's expectation.

 As for the litigation lawyers of the victims' families, the main issue this time is litigation compensation costs.

It doesn't matter whether you win the lawsuit or not.

also.

Facing a top lawyer like Su Bai, the victim's litigation lawyer can only ask the legal side to mediate the compensation costs out of court.

at the same time.

In Wandai Co., Ltd., Liang Xingyuan's bald scalp wrinkled and he touched his head.

In this trial, Chen Bin should be found not guilty, right?

 If this is the case

 That had a big impact on him!

His future loan business will not be easy to develop!

　　It will also have a big blow to the self-confidence of the people under your command!

 If the business cannot be carried out in the future, what will the company do?

 You must know that the profits this company brings every year are very huge!

If this matter cannot be carried out, or the debt collection business fails, wouldn't it be the end of the world?

Liang Xingyuan was upset while watching the live broadcast of the trial, and shut down the computer with a snap.

Took out his mobile phone and didn't know who he called.

 At the court hearing.

Song Yuanhui sat on the seat of the presiding judge.

During the adjournment, he had already discussed various situations with Meng Hao. Regarding this case, he knew very clearly how to judge the case in any situation.

 At the presentation stage, there will be no matters that deviate from the judgment result.

What if it really does happen?

If it does happen, hit the hammer again and adjourn the court to discuss the outcome.

 The problem is not that big.

 The gavel struck.

 Entering the final trial stage.

“The adjournment is over, do the parties have anything to add to the previous court arguments?”

　Su Bai: “No.”

 Lu An: “No.”

 Victim's defense lawyer: “No.”

“Then the court statement will begin, and the prosecutor will begin his statement.”

 “A good judge.”

 Final court statement.

Lu An sorted out the relevant litigation materials, took another one from Zhang Meng, and then spoke slowly:

“Presiding judge, the prosecution's court statement is as follows:”

“For this case, the prosecutor believes that Li Fei, Xu Bing and others have corresponding faults.”

“Illegal intrusion into another person's home violates the other person's privacy rights and commits criminal acts against others, such as insulting others, insulting their personality restrictions, and their personal freedom, etc.”

“In this regard, we believe that Li Fei, Xu Bing and others should bear part of the responsibility for this case.”

"But on the other hand, although Li Fei, Xu Bing and others have violated the law, their right to life should also be protected."

“When Li Fei, Xu Bing and others committed criminal acts, they did not cause excessive harm to society.”

“Regarding Yu Chen Bin's defensive behavior, which resulted in the death of two people, serious injuries to three people, and minor injuries to several others, the prosecutor believes that Chen Bin's defensive behavior was excessive and far exceeded the limit of legitimate defense.”

“According to the situation of excessive defense in our country's criminal law, we should accept the legal judgment.”

“Please ask the court to consider the right to life of Li Fei, Xu Bing and others to judge Chen Bin's excessive defense behavior!”

“Presiding judge, we have finished our statement.”

Lu An's statement was relatively straightforward. First, he proactively admitted the illegal behavior of Li Fei, Xu Bing and others in entering Chen Bin's house.

 The second is to separate this illegal behavior from legitimate defense and excessive defense.

 The underlying meaning is that Li Fei, Xu Bing and others indeed broke into Chen Bin's home illegally.

 Unlawful trespassing is a crime of illegal trespassing and has nothing to do with self-defense.

 There is no necessary connection between the two.

　To put it bluntly, it means that Chen Bin's defense was excessive.

 Even if there are any other circumstances, it does not affect the determination that Chen Bin's defense was excessive.

I have to say that Lu An's court statement was of a very high level.

Facing Lu An's statement, Su Bai smiled slightly and looked up at the presiding judge's seat.

“Now let's ask the victim's lawyer to make a statement.”

Victim litigation lawyers basically did not express any opinions during this trial.

 Because this trial mainly focused on Chen Bin's criminal liability.

 The claims of their victims are civil liability for compensation.

 So the victim's litigation lawyers have little opportunity to speak.

At the court presentation stage, the liability for civil compensation was only raised, and it was hoped that the court would come forward to conduct private mediation.

Song Yuanhui agreed in court with the opinions of the victim's litigation lawyer.

“Okay, regarding the civil compensation requested by the victim's family, the court will conduct corresponding mediation out of court.”

“The prosecution has finished its statement. Now let's invite the defendant's attorney or litigant to make a statement in court.”

 “A good judge.”

Su Bai nodded.

 The court adjourned for the second time. It is estimated that the collegial panel has already discussed the corresponding judgment.

 The court statements only further influence the subjective judgments of the collegial panel members.

 How to make court presentations.

Su Bai had already prepared it. Facing the prepared statement materials, he spoke:

“Presiding judge, our court states as follows:”

“We believe that according to the legal causal relationship, the cause of this case was caused by the other party and others.”

“And it was caused by the other party's illegal intrusion into our client's home.”

“This case is not just about illegally breaking into our client's home, but also committing illegal and criminal acts in our client's home.”

 “What is this equivalent to?”

“This is equivalent to breaking into a house to commit a crime, which is a serious crime.”

“And under the provisions of the law, counterattacks carried out in one's own home are considered legitimate defense.”

“The difference between legitimate defense and defensive behavior is a matter of limitation. According to the law, legitimate rights and interests are understood to be personal freedom, the right to life, and the legitimate rights and interests of dignity and personality.”

“Li Fei and others illegally broke into Chen Bin's home. The infringement committed by Chen Bin was serious and affected the personal freedom, dignity and personality of our client.”

 “When accompanied by other criminal acts.”

“Chen Bin's behavior is a legitimate and defensive mentality.”

 “Let's talk about it from the perspective of freedom and dignity.”

“The other party has seriously insulted our client's psychology.”

“From this perspective, I believe that personal freedom and dignity, personality and personal security are equivalent.”

"There is a saying that is very good. Life is precious, but for some people, freedom, dignity and personality are more important."

“That is, we believe that Chen Bin's behavior does not constitute excessive defense, but is just exercising his own legitimate defense.”

“Presiding judge, our court statement has been completed.”

 After finishing the statement, Su Bai breathed a sigh of relief.

The purpose of this statement is to place human dignity on the same footing as personal freedom and life.

 That is to say...

 The illegal infringement by Li Fei, Xu Bing and others. The consequences of the defensive behavior carried out by Chen Bin and Chen Bin are equal.

Henceforth there is no conduct beyond the obvious limits.

 That is, this can be regarded as a self-defense act.

only.…

 Wanting to equate restrictions on personal freedom and human dignity with the right to life depends on what the presiding judge thinks.

 At present, everything that needs to be stated has been stated, and the next step is to see the judgment of the collegial panel.

After listening to Su Bai's statement, Song Yuanhui sorted out the court statements from the prosecutor and the defendant.

He and Meng Hao looked at each other, then nodded slowly and banged the gavel.

“Now that the statements of all parties have been completed, do the parties have any objections to the defense and court statements during this trial?”

Su Bai: "No objection."

  Lu An: “No objection.”

Victim litigation lawyer: “No objection.”

“There is no objection from all parties, let's start announcing the verdict!”

Clerk: “Everyone stands up and asks the presiding judge to announce the verdict!”

Everyone stood up, and everyone's eyes were focused on the judgment seat.

Presiding judge Song Yuanhui began to read out the verdict:

“The cause of this case is that the prosecutor, as the public prosecutor, prosecutes the criminal suspect Chen Bin for intentional homicide, causing the death of two people and serious injuries to three people, and applies for a court judgment.”

 “Recommended sentence: death penalty.”

“The laws applicable to this court's jurisdiction over this case shall all be in accordance with domestic laws.”

“The verdict is announced below:”

“According to the decision of the Comprehensive Tribunal, regarding the public prosecution initiated by the public prosecutor and the civil liability attached to the prosecution, the verdict is now as follows:”

“The prosecutor charged the criminal suspect Chen Bin with intentional homicide.”

“The court made the following determination based on the evidence and the circumstances at the time:”

"1: In view of the circumstances of the case, Chen Bin did have an impulse to commit a crime at the beginning, but this criminal impulse was within a reasonable range. He did not commit criminal acts, but dealt with it through legal channels. Corresponding events."

“So the actions taken against Chen Bin were deemed unintentional and defensive.”

“The deaths of Li Fei and Xu Bing, as well as the serious and minor injuries of others, were caused by Chen Bin's defensive behavior.”

“Two: It is an illegal act for Li Fei, Xu Bing and others to break into Chen Bin's home, and Chen Bin has the right to defend him.”

“Three: Regarding whether Chen Bin's defense is legitimate defense, the court made the following determination based on the facts, Chen Bin's subjectivity and relevant evidence:”

“The difference between legitimate defense and excessive defense lies in the limiting behavior.”

"Li Fei, Xu Bing and others broke into Chen Bin's home, which was an illegal act and was determined to be true. Chen Bin can defend himself."

“During the defense process, Li Fei and others did not pose a threat to the personal safety of Chen Bin and his mother He Lijuan.”

"But it has caused trampling on the spirit, personality and dignity."

“He Lijuan and Chen Bin's personality and dignity, as well as personal freedom and freedom of conduct have been slightly unlawfully violated.

Chen Bin's defensive behavior resulted in the deaths of Li Fei and Xu Bing, and serious injuries to three others. "

“During this process, the court held that He Lijuan and Chen Bin suffered trauma during the illegal infringement, and their defensive behavior clearly exceeded the necessary limit.”

“Thus, the court determined that Chen Bin's defense was excessive!”

“However, due to the influence of other external factors: for example, Li Fei and others illegally entered Chen Bin's home and committed crimes, and Li Fei and dozens of others broke into Chen Bin's home to commit illegal infringements.

 In this process, Li Fei and others were at a military advantage. "

“Considering the above factors, the court stated that Chen Bin's excessive defensive behavior was understandable from a statutory perspective.”

“That is, Chen Bin is sentenced to one year and six months in prison, suspended for two years!”

“Dismiss the prosecution's application for intentional homicide against Chen Bin.”

“Does not support the prosecution's recommended sentence.”

“In addition, regarding the civil compensation requested by the victim's family, the court will negotiate civil compensation between the victim's family and the defendant after the trial.”

“According to the provisions of my country's Procedural Law, if both parties determine that the facts of the judgment are wrong or the basis for the judgment is wrong, they may submit a request for supervision, review or retrial to the relevant department after the court is closed.”

“The judgment will be issued to all parties within ten days of the close of court.”

 The gavel was struck to announce the result.

 “Closed court!”

Song Yuanhui's serious voice fell, and the verdict was determined.

 Hearing the verdict, Su Bai breathed a sigh of relief.

 Sentenced to a suspended sentence.…

 It is understandable that the court did not adopt his defense of self-defense.

after all.…

Generally speaking, in cases like this, the intermediate court will adopt a relatively conservative sentencing.

Let's talk again.

 In terms of legal definition, the right to life takes precedence over other legal rights and interests.

 The suspended sentence already represents the view of the collegial panel.

 Although self-defense was not achieved, the trial was considered a victory!

Um.…

Su Bai is relatively satisfied with the verdict this time.

　　After this fight, we have to rush to the next one...

Su Bai stretched out and noticed that Li Xuezhen's eyes were shining on him.

Li Xuezhen: Lawyer Su! I'm looking forward to the next one!

 Su Bai: .….

in addition.

At the prosecutor's seat, Lu An looked quietly at the defendant's attorney's seat.

 Took a deep breath.

Originally, he was still thinking that if this trial really ruled as self-defense, it would be obviously unreasonable.

 It is definitely necessary to lodge a protest.

 But the court ruled that the defense was excessive.

 Judgment of excessive defense.…

 The sentence was suspended and the sentence was somewhat light.

 Considering that this case was indeed caused by the illegal intrusion of Li Fei and Xu Bing.

 Li Fei and Xu Bing need to bear corresponding responsibilities.

 With such a verdict, it would be difficult to protest.

  It is estimated that the court also understood that if the case was ruled as self-defense, the procuratorate would definitely disagree, so it was ruled as excessive self-defense.

Lu An went through the general logic in his mind, while Zhang Meng on the side compiled the relevant materials.

"The court has ruled this way. There is no big problem. Just pack your things and leave. Go back and organize your files and get ready to get off work."

"Um!"

Lu An nodded, didn't say anything more, and lowered his head to collect the materials.

 The sentence was suspended.

 The happiest people during the trial were of course Chen Bin and He Lijuan.

The moment Chen Bin heard the verdict, he bowed deeply to the seat of the trial bench and at the same time, he bowed deeply to the seat of the defendant's litigation attorney.

 “Thank you, the presiding judge, and thank you, the attorney.”

At the trial table, Song Yuanhui glanced in the direction of Su Bai unconsciously after hearing Chen Bin's thanks.

　　He nodded lightly: "The judgment against you was obtained according to the law. I made the judgment according to the law. You don't need to thank me so much."

“However, I would like to remind you that no criminal behavior is allowed during the probation period, otherwise the sentence will be increased.”

“You will not be allowed to be so impulsive in the future. If anything happens, call the police...”

Song Yuanhui seemed to have remembered something. When he finished speaking this sentence, Song Yuanhui's face looked a little unnatural.

　　Waving his hand, he added another instruction: "Okay, after completing the procedure, have a good time with your family."

“Okay, Chief Judge, I will definitely not be so impulsive in the future!”

Chen Bin nodded excitedly and bowed deeply.

"Um!"

Song Yuanhui snorted lightly, and then, after sorting out the materials, he and two other members of the collegial panel left the court hearing.

 PS: Please give me a monthly ticket~

 (End of this chapter)

Chapter end