Inside the courtroom.

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

Knock knock!

"The appellant's application for appeal has been presented and the prosecution is now making its case."

Lin Youping's voice fell, turning his gaze to Lu Wei, who was in the appellee's seat.

Lu Wei glanced lightly in Su Bai's direction, his face was flat, without any change, and then lowered his head to state his side's litigation opinion:

"Presiding Judge, our application for litigation and the request for comments against the litigation party are as follows:"

"First, the application submitted by the litigant, that is, Qi Feng's side, was rejected, and the litigant party Qi Feng's legitimate defense was rejected, and there is no substantial evidence to show that Qi Feng was in a state of legitimate defense at that time."

"According to Qi Feng's state at that time, he was holding a knife, which was completely sufficient to protect his own safety, but he used a knife to kill two people in a row, which was intentional injury in a subjective sense, and did not have the performance of legitimate defense, so we applied to dismiss the application of the litigating party."

"2: As for the issue of compensation raised by the litigant against the litigant, it is based on Qi Feng's condition of innocence, but now Qi Feng has not been found not guilty, and our application to reject the appellant's request."

"Presiding Judge, we've finished our statement."

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

It's obvious.

Lu Wei knows where the key point of this lawsuit is!

The key point is whether Qi Feng is not, whether it is legitimate defense!

The law of justifiable defense has appeared many times in court hearings, but it has basically not been successful.

Why?

This is because it is difficult to define the subjective factor of whether or not justifiable defence is used to commit intentional aggression.

Therefore, this time Su Bai put forward the legitimate defense, Lu Wei directly refuted, as long as it guided the determination of the subjective factor of intentional infringement, then this lawsuit was won.

Presiding Judge Lin Youping briefly sorted out the litigation applications of both parties.

There was silence for a few seconds.

Then he looked at Su Bai in the seat of the litigant, and slammed the gavel:

"The prosecution has finished stating, does the appeal policy have a legal basis to prove the issues raised by the defendant, or do you have to produce corresponding evidence to prove that the party Qi Feng is justified in defense?"

Here's the key point!

Su Bai simply tidied up his suit.

How to prove simple.

The key is how to bring the other party into their own set and let the other party follow their own pace, which is the difficulty.

As a senior criminal lawyer, Lu Wei is really difficult to do!

Su Bai took a deep breath: "Presiding judge, we can come up with the relevant legal basis, but before that, I have a few questions that I want to ask Lawyer Lu." ”

Boom!

"Is the question related to the trial?"

"Yes, Presiding 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 medicine was sold in this pass, he frowned slightly, and only heard Su Bai say:

"Lawyer Lu, how did you determine that our client was intentionally murdered? How is his subjective intention judged? ”

If you can't solve the problem, then throw the problem to the other party and get the other party's mentality first.

Su Bai continued: "In the first trial, it was Lawyer Lu who accused our client of intentional homicide as the public prosecution lawyer, accusing him of intentional homuse, and the evidence was that when we were in danger, we killed two people with a knife in a row, which exceeded the limit of defense, and subjectively had the intention of intentional homicide. ”

Lu Wei frowned slightly and raised his hand to signal: "Presiding judge, I think that the judgment of the litigation lawyer's example of the first instance has nothing to do with the second trial, and I refuse to answer the litigation lawyer's question about me." ”

Knock knock!

"Grant the application and discontinue the party's questioning,"

Su Bai let out a sigh of relief, and stopped?

I don't want him to ask questions!

Don't let him ask, he wants to say.

Su Bai continued to speak: "The main accusations of the respondent against our client are: first, subjective intent to harm, second, the knife used, third, continued to harm the other party when the perpetrator has no ability to resist, and fourth, our client left the crime scene after committing the crime and was determined to be an escape. ”

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

"Judging from this case, our client and the other two people did not know each other, and there was no intersection before that.

However, in the mall, the other two people verbally abused our client for no reason, and our client was beaten by two people after only replying a sentence.

In this process, our party took the knife in the mall, and the other two people were not afraid at all, and also abused our party, and intentionally and again carried out the beating behavior, in this process, our party was justified in defense, resulting in the death of the two, the whole process, there is nothing wrong, right? ”

Lu Wei frowned: "That's right, this is the process provided by the prosecution, but for the last point, I object to it being justified defense, and the plaintiff is currently in the trial stage, and there is no evidence that he is justified defense." ”

"Litigation lawyers, please watch your words!"

Good!

It's good that the process is right!

Whether it is legitimate defense or not, Su Bai is too lazy to continue theorizing at the moment.

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

Boom!

"The application has been approved."

Lin Youping rang the gavel.

Qi Feng in two laws. Surrounded by police officers on the left and right, they looked a little nervous in the face of Su Bai's sudden attack.

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

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

"May I ask our client, when you were in the mall, did you deliberately pay attention to the location of knives in the mall?"

Qi Feng shook his head: "No..."

"And what was your purpose in holding the knife?"

"The purpose of taking the knife.. It's trying to scare them..."

"Then what was your first subjective reaction after killing someone..?"

Qi Feng seemed to recall something bad, and his face was painful: "The first reaction was to be afraid..."

After asking these questions, Su Bai looked at the trial table: "Presiding judge, my inquiry is over." ”

Knock knock!

"Then ask the litigant lawyer to start your legal interpretation now."

"Okay presiding judge."

Su Bai tidied up his suit and slowly spoke:

"Intentional crime, as defined in the Criminal Law, refers to the state of mind in which the perpetrator continues to commit a criminal act knowing that it will result in a harm to society."

"According to Article 14 of the Criminal Law of the People's Republic of China, intentional crimes have two characteristics:

First, the perpetrator knows that his or her actions will harm society.

Second, the perpetrator has a laissez-faire attitude towards the occurrence of the consequences.

These two characteristics must be combined in order to constitute an intentional crime. ”

"How to determine the content of the perpetrator's intent is a complex issue, and many factors must be considered."

"In the course of the present case:

First, our client did not subjectively remember where the knives were placed.

Second, the subjective purpose of our clients is to scare them, and there is no intention to kill them.

Due to the suddenness and non-repeatability of the case, our client's first reaction to leaving is fear.

For a young college student, when encountering this kind of thing, it is inevitable that there will be a fear of emotion, which is not a simple escape. ”

"More importantly, according to the prosecution's allegations and evidence, our client is 178 tall, and the other two are 172 and 175 respectively.

Our client slashed several times from top to bottom, trying to stop the other party's continued attack.

This is only a legitimate act of self-defense, not a deliberate result, and the death of the other party is our act in the course of legitimate defense. ”

"Our client did not foresee this outcome."

"From a criminal psychology point of view, this is an emergency response in self-defense.

Our client was in the process of justifiable self-defense that led to this result. ”

"Therefore, in the face of the accusation of intentional homicide by our client, it cannot be established!"

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