As a Lawyer, You Sent the Judge In? Chapter 249

Chapter 249 Fierce arguments and mutual confrontation!

Su Bai's statement is in Qin Yong's summary.

 It is equivalent to checking whether there is any specific connection between Guang Youzhi's brave behavior and the harm to Wang Qiang.

　　links the two together.

 Since the prosecution stated.

Guang Youzhi's behavior is a brave act of justice, but the act of bravery cannot eliminate the intentional harm caused to Wang Qiang.

Then Su Bai's defense needs to start from this point and defend against this point.

to be honest.

 In the prosecution's statement.

The reason why Guang Youzhi was found guilty was - unjustified defense and emergency avoidance. Based on this, the injuries caused to Wang Qiang were all intentional injuries.

So Guang Youzhi is a legitimate defense and emergency avoidance?

  Not really.

 It doesn't count, it must be guilty.

 This is the logic of the prosecution.

 Is the logic correct?

 Whether it is right or wrong?

 Generally speaking, if the angle of entry into criminal offenses is different, the crimes sentenced will also be different.

 Just like Guang Youzhi's case.

how to say.…

During the cross-examination just now, it was shown that Guang Youzhi punched Wang Qiang when he pulled him away.

This punch did not cause Wang Qiang's serious injury, but the subsequent attack caused Wang Qiang's serious injury.

Thinking from the above perspective, why are there subsequent attacks?

 So what was the reason for the second Guangyouzhi attack?

 Of course Wang Qiang attacked him, so Guang Youzhi fought back.

From this point of view, if Wang Qiang's attack on Guang Youzhi is considered, is Guang Youzhi considered legitimate defense?

 It can be called a legitimate defense.

 Because Guang Youzhi was not continuous at the beginning, he attacked Wang Qiang, causing Wang Qiang to be seriously injured.

  But serious injuries caused in subsequent attacks, then it can be said to be determined from the subsequent attacks.

  judged to be a fight or other circumstances.

 Is it possible to determine it as self-defense?

 There is a certain probability!

 But the difficulty now is Guang Youzhi's first attack.

 But Guang Youzhi's first act of aggression was justified.

 The attack measures taken against Wang Qiang were out of courage.

 At this point...there are a number of factors that need to be taken into consideration.

 Whether it is judged subjectively and intentionally based on Guang Youzhi's first attack, or whether Wang Qiang's subjective and intentional judgment is based on Guang Youzhi's counterattack.

 If it is determined to be the former, then Guang Youzhi will definitely receive a prison sentence.

 Judgment is the latter, Guangzhi is not guilty.

 This is also a key point in the defense between Su Bai and the prosecutor.

 It's just...

 The specific judgment depends on the subjective tendency of the presiding judge.

 At the court hearing.

In response to Su Bai's defense, Qin Yong at the trial table glanced at the litigation materials, and then looked at the prosecutor's seat.

 “Please let the prosecution begin its statement.”

Tang Liang understood the content of Su Bai's statement when Su Bai was making a statement.

to be honest.…

In his view, the other party's plea was entirely to allow Guang Youzhi to evade criminal responsibility and criminal punishment.

Tang Liang slowly asked: "I would like to ask the defendant's client and the lawyer appointed by the defendant."

“Isn't what the defendant entrusted the lawyer to state the same as ignoring the facts?”

“Did the defendant party make the first move?”

“The defendant party first deliberately attacked Wang Qiang. According to the defendant's client's statement, has it now become the prosecution party's problem?”

"I think this statement made by the lawyer appointed by the defendant is unreasonable and does not comply with the relevant provisions of the Criminal Procedure Law."

“Let's not talk about the behavior of the accuser...from the perspective of Wang Qiang, the accuser.”

“Did the defendant party attack Wang Qiang at the beginning?”

  “Please answer the defendant.”

Su Bai said: "Yes."

“Since it was Guang Youzhi who attacked Wang Qiang first, why can't it be considered an intentional act?”

"Although his subjective intention at the beginning was to help other people, why couldn't he choose other ways to help and had to use force to help?"

"He can completely remind him, and then use restraint methods to stop him, and act bravely to avoid subsequent situations."

 “But why not use this method?”

 “For this point, it can be regarded as his subjective intentionality.”

“Does the defendant have any objections to this point?”

Su Bai: “???”

 Ask me if I have any objections?

 There must be objections!

He said that they were ignoring the facts, but he felt that the prosecution was really ignoring the facts!

Su Bai retorted: "I do not agree with the prosecutor's statement and views."

“First of all, the presiding judge has just judged that Guang Youzhi's behavior was a righteous act.”

“It is true that there are many ways to act bravely, but did the prosecutors consider the scene at that time?”

"The scene at that time was a young man who had just graduated and saw a man pulling a woman who looked young." "According to the investigation by law enforcement, the woman who was pulled by Wang Qiang was just over 20 years old and a college student. "

“Under such circumstances, it is normal for Guang Youzhi to have a strong sense of justice.”

“And the situation at that time was that Wang Qiang was strongly pulling the woman against her will..."

“According to evidence such as the confession transcripts from law enforcement at the time, Guang Youzhi asked the woman what was going on at the time and scolded Wang Qiang, but Wang Qiang was indifferent, and he only carried out the attack under such circumstances.”

“It's not what the prosecutor said, Guang Youzhi did not make any other obstruction...”

“In response to this point, I would like to ask the prosecutor, haven't you seen the relevant evidence?”

“According to the prosecutor, we ignored the facts, but didn't the prosecutor ignore the facts?”

“Didn't the prosecution notice the evidence from the law enforcement side?”

“If you noticed it, why did you ignore such an important prerequisite causal relationship?”

“Or did the prosecution deliberately ignore this?”

Facing Su Bai's question, Tang Liang frowned slightly.

 It's not like he ignored such an important causal relationship.

 It is this point that is deliberately targeted.

 Injury is an established fact, and there is a subjective manifestation of taking the initiative. Even if there is a causal relationship, does it not constitute the crime of intentional injury?

He has already filed a public prosecution. Could it be that he made a mistake by slapping himself in the face at this time?

Totally impossible!

 He understood what Su Bai meant, and he also understood the reason why Su Bai said it.

From Su Bai's point of view, it does make sense, but from his point of view, he also makes sense.

In general.…

 It is impossible to admit a mistake.

“I have learned about the evidence provided by law enforcement parties.”

“But what we are talking about now is whether Guang Youzhi has committed any intentional crime.”

"Guang Youzhi's courageous actions are based on his righteous heart. I have never denied this."

“But the heart of justice belongs to the heart of justice...The fact of the crime is the fact of the crime.”

“According to the defendant's litigation lawyer, at the beginning, Guang Youzhi acted bravely, but because of Wang Qiang's action, Guang Youzhi counterattacked, which constituted legitimate defense.”

"Is it right?"

"Yes."

Su Bai nodded.

Tang Liang continued to state: "During this entire process, wasn't Guang Youzhi's brave act of righteousness intentional harm to Wang Qiang at the beginning?"

 “I would like to ask the defendant's litigator to answer this question.”

Su Bai: "No."

“Guang Youzhi's initial heroic act was to prevent Wang Qiang from continuing to harm the woman.”

“But why did he take action to stop it?” Tang Liang asked back.

"We have made it very clear just now. The reason why Guang Youzhi took action to stop him was because he scolded him at the beginning, but Wang Qiang did not listen at all, so he took action."

“But this punch did not cause much damage to Wang Qiang. Instead, Wang Qiang was seriously injured after Wang Qiang counterattacked and defended himself!”

“I would like to ask the prosecution not to ignore the facts and rely on causation in criminal proceedings.”

“Refers to the causal relationship between a certain person's socially harmful behavior and the harmful results.”

“At the initial stage of the incident, it was because Wang Qiang harassed other women.”

 “This is the most important reason in this case.”

“Our client stepped forward to stop it, and he tried to stop it verbally in advance, but it had no effect, and then he stopped him physically.”

“So I don't agree with the prosecutor's statement. In my opinion, our client should not bear criminal responsibility at all.”

“Based on the above... we apply to reject the prosecution's statement.”

Tang Liang heard Su Bai's statement and retorted on the spot: "The prosecutor also applied to refute the defendant's statement."

 “The harm caused is an established fact, and the behavior is subjective and intentional.”

 “Why can't intentional injury be determined?”

"If we insist on speaking from a subjective point of view, when Wang Qiang was attacked by Guang Youzhi, can it be regarded as legitimate defense?"

“Because it is Wang Qiang's business to harass women, and it is Guang Youzhi's business to stop him.”

“There is nothing wrong with acting bravely, but Guang Youzhi used the wrong method. From this point of view, Guang Youzhi is guilty.”

Su Bai retorted: "So according to the prosecution, Guang Youzhi shouldn't have acted bravely?"

 “Is it his fault for committing the act of righteousness?”

“The reason why he is sitting in the defendant's seat today is because of his courageous behavior!”

“According to the prosecution's plea theory, the cause of everything was Guang's determination to act bravely.”

“Then can we conclude that this matter is due to Guangyouzhi's own problems?”

“Could he have avoided this situation without taking any heroic action?”

“Please ask the prosecutor to answer our question positively.”

Facing Su Bai's question, Tang Liang took a deep breath.

How would he answer this question?

From Su Bai's point of view, the initial cause was indeed Guang Youzhi's brave behavior.

His plea was to put aside Guang's righteous and courageous behavior and to prosecute from the perspective of criminal law.

If he answers, he thinks that the case was caused by the courageous actions of Guang Guang.

So what are the consequences?

The consequence is to tell the public that if you act bravely, you need to bear corresponding criminal responsibility.

how to answer? !

  Can't answer it at all!

This problem put Tang Liang into a dilemma.

 PS: Please give me a monthly ticket~

 (End of this chapter)

Chapter end