As a Lawyer, You Sent the Judge In? Chapter 43

Chapter 43: Get the other person's mentality first

 In the court hearing room.

After Su Bai finished stating his appeal application, Lin Youping banged the gavel.

“The appellant's appeal application has been stated, and the prosecutor will now make his statement.”

Lin Youping's voice fell and he turned his attention to Lu Wei, who was sitting on the side of the appeal.

Lu Wei glanced in Su Bai's direction indifferently, his face was calm and unchanged, and then he lowered his head and stated his side's opinions on the lawsuit:

“Presiding Judge, our litigation application and requests for opinions from the litigants are as follows:”

“First, reject the application made by the appellant, that is, Qi Feng. The litigant proposed that the party Qi Feng acted in legitimate defense. There is no substantive evidence to show that Qi Feng was in a state of legitimate defense at that time.”

“According to Qi Feng's state at the time, he was holding a knife, which was fully sufficient to protect his own safety, but he used the knife to kill two people in a row. This constituted intentional injury in a subjective sense and did not represent the performance of legitimate defense. Therefore, we applied to dismiss the lawsuit. Party's application.”

“Two: Regarding the issue of compensation raised by the litigant against the litigants, it is based on the condition that Qi Feng is not guilty. However, Qi Feng has not been found innocent now. We apply to reject the request of the appellant.”

“Presiding judge, we have finished our statement.”

 In response to the questions raised by Yu Su Bai, Lu Wei refuted them one by one.

It is clear.

Lu Wei knows the key points of this lawsuit!

 The key point is whether Qi Feng is in legitimate defense!

The law of self-defense has appeared many times in court trials, but almost no cases have been won.

Why?

 Because it is difficult to define the subjective factor of using legitimate defense to commit intentional infringement.

So this time, Lu Wei directly refuted the legitimate defense proposed by Su Bai. As long as the subjective factor of intentional infringement is determined, the lawsuit will be successful.

 Presiding judge Lin Youping briefly organized the litigation applications of both parties.

 There was silence for a few seconds.

 Then he looked at Su Bai who was sitting on the litigant's seat and banged the gavel:

"The prosecution has finished its presentation. Regarding the appeal policy, do you have any legal basis to prove the issues raised by the prosecution, or have you provided corresponding evidence to prove that the party involved, Qi Feng, acted in legitimate defense?"

 The key point is here!

Su Bai simply arranged his suit.

 How to prove simplicity.

 The key is how to bring the other party into your trap and let the other party follow your own pace. This is the difficult part.

Lv Wei, as a senior criminal lawyer, this is really difficult to handle!

Su Bai took a deep breath: "Presiding judge, we can provide relevant legal basis, but before that, I have a few questions that I would like to ask Lawyer Lu."

 “Is the issue related to the trial?”

 “Yes, Judge!”

“The question asked is related to this case, and the application is approved.”

Lu Wei looked at Su Bai curiously. He didn't know what kind of medicine was sold in this store. He frowned slightly and heard Su Bai say:

“I would like to ask Lawyer Lu, how did you determine that our client committed murder intentionally? How did you determine his subjective intention?”

 If the problem cannot be solved, then throw the problem to the other party and try to get the other party's mentality first.

Su Bai continued: "In the first trial, it was Lawyer Lu who, as the public prosecutor, prosecuted our client, accusing him of intentional homicide. The evidence was that when we were in danger, we used a knife to kill two people in a row, exceeding the limit of defense. , and subjectively has the intention to kill intentionally. May I ask Lawyer Lu, how do you determine it? "

Lu Wei frowned slightly and raised his hand: "Presiding judge, I think the first-instance judgment given by the litigating lawyer's example has nothing to do with the second instance. I refuse to answer the questions raised by the litigating lawyer."

“Agree to the application and terminate the litigant's questions,”

Su Bai let out a sigh of relief. Is it over?

  This is because I don't want him to ask questions!

　　　If you don't let him ask, he will tell you.

Su Bai continued: "The main accusations made by the respondent against our client's intentional crime include: first, the subjective intention to harm, second, the knife used, and third, continuing to attack the other party when the perpetrator has no ability to resist. Fourth, our client left the crime scene after committing the crime, which was deemed as an act of escape.”

 “Let's talk about the cause of this case first.”

“Judging from this case, our client is not acquainted with the other two people, and they have not had any interaction before.

However, in the shopping mall, two other people verbally abused our client for no reason. Our client only said something back and was beaten by the two people.

During this process, our client took the knife in the shopping mall, but the other two people were not afraid at all. They also insulted our client and intentionally and again beat him. During this process, our client was legitimate. Defense led to the death of two people. The whole process was correct, right? "

Lu Wei frowned: "Yes, this is the process provided by the prosecutor, but I object to the last point, it is self-defense, and the plaintiff is currently in the trial stage, and there is no evidence that he was self-defense."    "Please litigate. Defense lawyer Fang, pay attention to your wording!”

good!

 As long as the process is correct!

Su Bai is too lazy to speculate on whether it was self-defense or not.

Su Bai showed two small white teeth: "Presiding judge, I would like to apply for questioning of our client."

"application passed."

Lin Youping banged the gavel.

 Qi Feng, surrounded by two legal policemen on the left and right, seemed a little nervous when faced with Su Bai's sudden questions.

Su Bai gave Qi Feng a look, signaling him not to be too nervous.

 After waiting for a few seconds and Qi Feng calmed down, Su Bai slowly spoke:

“My client, when you were in the mall, did you pay any attention to the location of the knives in the mall?”

 Qi Feng shook his head: "No."

“Then what was the purpose of holding the knife?”

“The purpose of holding the knife...is to scare them”

“Then what was your first subjective reaction after killing someone?”

 Qi Feng seemed to recall something bad, with a painful expression on his face: "The first reaction was fear."

After asking these questions, Su Bai looked at the trial stand: "Presiding Judge, my questioning is over."

 “Then please ask the litigant's lawyer to start your legal explanation now.”

 “A good judge.”

Su Bai adjusted his suit and spoke slowly:

“Intentional crime as defined in the criminal law refers to the psychological state in which the perpetrator continues to commit the crime knowing that the consequences will be harmful to society.”

“According to Article 14 of my country's Criminal Law, intentional crimes have two characteristics:

 First, the perpetrator knows that his behavior will harm society.

 Second, the perpetrator has a laissez-faire attitude toward the consequences.

 These two characteristics must be formed at the same time to qualify as an intentional crime. "

“How to determine the intentional content of the perpetrator is a complex issue, and many factors must be considered.”

 “In the course of this case:

 First, our client did not remember the location of the knife subjectively.

 Second, our client's subjective purpose was to scare them and had no intention of killing them.

 Due to the sudden and unrepeatable nature of the case, our client's first reaction when he left was fear.

As for a young college student, when encountering such a thing, he will inevitably feel scared. This is not a simple escape behavior, but a subconscious behavior after being frightened.

 In judicial interpretation, escape generally refers to the subjective pursuit of evading criminal responsibility.

During this process, our client suffered from disordered consciousness, which was recorded in law enforcement records, and he rushed back to the scene and surrendered as soon as possible. This proves that in his subjective consciousness, he did not commit murder and absconded, nor did he intentionally evade responsibility. .

 It's just a subconscious act of losing one's mind. "

“More importantly, according to the prosecution's charges and evidence, our client is 178cm tall, and the heights of the other two parties are 172cm and 175cm respectively.

 Our client made several knife strokes from top to bottom, trying to prevent the other party from continuing to attack.

This is just our legitimate defense action, not a deliberate result. The death of the other party was our act of desperation in the process of legitimate defense. "

“Our client did not foresee this outcome, and the implementation process was entirely prompted by a strong defensive mood.”

“From a criminal psychology perspective, this is a stress response in legitimate defense.

 Our client led to this result in the process of self-defense. "

“Therefore, the accusation that our client committed intentional homicide cannot be established!”

After Su Bai finished speaking, he looked at Lu Wei quietly.

Seeking to read ~ Tickets ~ Investment! Thank you! !

 (End of this chapter)

Chapter end