As a Lawyer, You Sent the Judge In? Chapter 47

Chapter 47 Final Defense

  Thirty minutes after the adjournment was announced.

 The adjournment is over.

 With all the clerks and clerks standing up, Lin Youping and the two judges stepped onto the trial stand again.

“The adjournment is over and the court will now resume.”

Lin Youping looked at the court trial materials in his hand, raised his head slightly, looked at the litigant's seat, and then looked at the materials in his hand:

“Based on the litigation applications and defenses of the litigants and prosecutors, this court summarizes the key points of dispute in the second instance as follows:”

“One: Whether there was a subjective intentional crime against Qi Feng.”

“Regarding the first point, this court makes the following determination based on the evidence submitted by the litigants and prosecutors:”

“According to the definition of intentional crime, intentional crime refers to knowing that one's actions will cause harm to society, but still hoping or allowing such results to occur.”

“The evidence submitted by the litigant and the defense just now have shown that Qi Feng did not have any subjective factors of laissez-faire or wishful behavior, so it did not constitute intentional injury.”

“Judgment: Qi Feng does not constitute intentional injury!”

 The result of the judgment is that it does not constitute intentional injury, and the death penalty cannot continue to be established.

Qi Feng obviously understood the significance of this. His whole body was shaking, and his eyes were red with excitement. He looked at Su Bai at the litigant's seat, his eyes filled with mist.

 No need to die, no need to be shot!

 At this moment, his heart was extremely shaken, and a ray of light appeared in the darkness of the Jedi.

What's this?

 This is hope!

 Excited, complicated, and grateful emotions emerged in Qi Feng's heart.

 Qi Feng's eyes were filled with gratitude.

Su Bai nodded slightly.

Hinted Qi Feng not to get excited for the time being and continue to listen to what the presiding judge said.

 At the presiding judge's seat, Lin Youping raised his head slightly, looked at the defendant's seat, and continued:

“Does the prosecutor have any objections or additions to this judgment? It can be raised in court.”

Lu Wei took a deep breath. He had already lost his defense, and there was no point in adding any more.

 “We have no objection.”

"Um!"

Lin Youping nodded slightly, picked up the materials in his hand, and continued:

“Now let's defend the second focus of the dispute in this court: whether Qi Feng was in self-defense.”

“Litigation party, your suggestion of Qi Feng is a legitimate defense, please provide your defense.”

Lin Youping raised his head and looked at Su Bai at the litigant's seat.

Su Bai knew very well that Qi Feng had already determined that the crime was not intentional, so the next step was to fight for the defense of self-defense.

 His answer to the presiding judge's question was extremely critical.

Su Bai sorted out the litigation materials in front of him:

“Presiding judge, our defense of Qi Feng's legitimate defense is based on the application of legitimate defense in Article 20 of our country's Criminal Law:”

"Qi Feng was under attack at that time, and the other party was two people, two habitual criminals who often committed illegal acts. No one can guarantee how much harm they will cause to our client. For Qi Feng, The danger is great.”

“According to the judicial interpretation of self-defense and the evidence provided by the prosecutor:

  1: There is illegal infringement taking place.

  Second, it is when the illegal infringement is ongoing.

 Fourth, Qi Feng's legitimate defense behavior was based on the purpose of protecting legitimate rights and interests from illegal infringement.

 Fifth, Qi Feng's legitimate defense targets the unlawful intruder himself.

 The above is applicable to us based on the environment we are in at that time.

 As for the third scope of application, defensive behavior cannot exceed a certain limit. I would like to explain it emphatically, the presiding judge. ” ˆ ˆ Lin Youping looked at Su Bai and banged the gavel:

 “The application is approved, and the litigant states your defense.”

Su Bai has studied the first-instance judgment, and Lu Wei focused on the third article of self-defense:

 Defensive behavior cannot exceed a certain limit. Qi Feng killed two people, which can be said to have far exceeded the limit.

 Want to defend myself from this aspect

 Somewhat difficult.

 What he wants to do is not to win from this aspect, but to prevent the opponent from winning, then this is considered his victory!

Facing the approval of the presiding judge's application, Su Bai organized the materials and spoke slowly:

“Criminal Law stipulates that defensive actions cannot exceed a certain limit, which means that the direct purpose of implementing defense is to stop the continued illegal infringement.

 That is, after the implementation of defense, it is limited to stopping the unlawful infringement. After the illegal act is stopped, defensive acts cannot be continued. "

“According to the description of legitimate self-defense, when Qi Feng wielded the knife, his direct purpose was to stop the infringement of illegal acts.

At the same time, after Qi Feng swung his knife to defend himself, the reason why he continued to swipe his knife was because the other two were continuing their illegal behavior, so he swung the knife several times. "

“Qi Feng did not foresee the outcome of the death of the other two. His behavior and consciousness at the time were in a defensive process.”

“It wasn't until the two opponents fell to the ground that Qi Feng stopped his behavior and did not choose to continue the violation. Therefore, Qi Feng's situation at that time complied with the regulations of Zhongfang's defense.”

“Presiding judge, our defense is over.”

Su Bai finished speaking.

On the court hearing stage, after listening to Su Bai's description, Lin Youping checked the evidence provided by the prosecutor. After confirming that it was correct, he nodded and looked at the prosecutor's seat:

“Prosecutor, please start your defense as to whether Qi Feng acted in self-defense.”

 Lv Wei seemed very calm regarding Su Bai's judicial interpretation.

　　Looking through the materials in front of him: "Okay, presiding judge."

“Our defense is as follows:”

“We believe that in this case, according to Article 20 of the Criminal Law of our country, the judicial interpretation:

 If the defensive behavior obviously exceeds the necessary limit and causes heavy losses, criminal liability shall be paid. "

“Qi Feng caused death to two of the other parties, which is obviously a major injury.”

“Moreover, according to the lawyer of the litigant, Qi Feng did not stop his behavior until the other two fell to the ground, and did not choose to continue the violation.

  However, in this process, it is necessary to consider whether the two other parties still have the ability to perform illegal acts. "

“The answer is obviously that after Qi Feng swung his knife, the other two people were injured.”

“Although the two persons subjectively wanted to continue to engage in illegal activities.”

 “But in terms of ability, I no longer have the ability to perform illegal acts!”

“Obviously, Qi Feng's behavior has exceeded the necessary limit!”

“Presiding judge, our defense is over.”

 Lu Wei finished his words.

Su Bai's eyes fell on Lin Youping, the presiding judge at the court hearing.

Although what he just stated is reasonable, Lu Wei's defense was based on the perpetrator's ability, which cannot be refuted.

certainly.

 The presiding judge also needs to consider his defence.

Whether it can be determined as self-defense still depends on the intention of the presiding judge. The next key step is the court statement.

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I am not short and weak

 (End of this chapter)

Chapter end