Chapter Forty-Four: Are You Iron-Headed? Go with the law enforcement party!

Outside the trial, the audience watching the live broadcast of the trial exploded.

"Damn, it feels like it's awesome, is this going to win the lawsuit? In the tank! ”

"Support +1! But what I want to ask is, what is the emergency response, Mr. Luo, can you explain to us the arguments of the litigants? ”

"That's right! I want to hear about it, and I want to know what that means! ”

"Teacher Luo, tell us about it!"

.....

After listening to Su Bai's trial debate, Luo Daxiang saw the comments in the comment area again, and nodded with a slight smile:

"Okay, since you want to hear it, then I'll talk about the most critical issues in this trial first."

"Everyone has heard about the litigation applications of both parties in this trial, and the key point of this trial is whether Qifeng constitutes legitimate defense!"

"This is also the reason why Su Bai, the lawyer of the litigation side, has always emphasized that Qi Feng is justified defense, while the prosecution lawyer Lu Wei has been denying that Qi Feng is not justified defense, because this is the core element of this debate."

"The statement of lawyer Su on the litigation side just now shows a point of view, that is, Qi Feng did not commit a crime intentionally, but a crime of stress."

"Why should the litigant argue from this point of view?"

"The reason is that stress crime refers to a criminal act committed in response to a state of emergency.

Take this case, for example.

According to the statement of the lawyer of the litigant.

Qi Feng did it under a strong mood of self-defense, which is an emotional crime, not an intentional crime. ”

"If this point is ruled by the presiding judge, then there are two possibilities for Qi Feng's second-instance verdict.

The first is justifiable self-defense, which does not require criminal liability.

The second is excessive defense, which determines the facts of the crime, but will give a lighter punishment. ”

"In any case, once this is successfully determined, Qi Feng will not be sentenced to death in this case in the end.

However, in specific circumstances, it is necessary for the prosecution's lawyer, Mr. Lu, to defend the issue of the litigation lawyer's issue to see whether the defense is reasonable and legal, and whether it can overturn the statement of the litigation lawyer.

Through these presiding judges, I believe that Presiding Judge Lin Youping will be able to give a reasonable and lawful judgment. ”

Leave a message in the comment area: "Then this means that the lawyer of the litigation side is digging a hole for the other party?" As long as this defense point is established and decided, then no matter what, Qi Feng will not be sentenced to death? ”

Luo Xiang nodded slightly: "That's pretty much what it means."

But digging a pit is not enough.

Lawyer Lu should also have a wonderful rebuttal point, and then it will also need to look at the in-court defense of the litigating lawyer and the presiding judge's inclination.

It was a wonderful trial! Let's keep watching! ”

.....

The scene of the trial.

Lu Wei looked at Su Bai's gaze and frowned slightly.

Boom!

After listening to Su Bai's defense opinions, the presiding judge Lin Youping briefly checked the information and sounded the gavel:

"Does the prosecution of the subject party have anything to state about the defense opinions put forward by the litigation party?"

The respondent's seat.

Lu Wei looked at the material evidence in his hand and slowly spoke:

"We disagree with the justifiable defense and involuntary homicide raised by the litigants."

"According to Article 20 of the Criminal Law of the People's Republic of China, justifiable defense refers to the defensive acts taken by the parties in the course of a violent crime that seriously threatens their own safety."

"In this case, Qi Feng is holding a knife and already has the ability to protect himself, and the other two have not seriously endangered Qi Feng's own safety!"

"Again."

"Under the circumstances at that time, when the other two people attacked Qi Feng, Qi Feng counterattacked with a knife in hand, and in the process, he carried out the act of swinging the knife, if it was not subjective and intentional, why did he swing the knife at the two of them?

If it is only for one person, it can be said that it is a non-subjective factor, but in the face of two people, there is a suspicion of deliberateness.

In this regard, we believe that the subjective will of the other party is a conscious act. ”

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

Lu Wei spoke slowly, his voice fell, and he put the materials in his hand on the table.

As a veteran criminal lawyer, he knew that the core of the case was the determination of justifiable self-defense and the determination of intentional injury.

As long as you can stabilize these two points, you can do it.

After Lu Wei finished speaking, he raised his head and looked in Su Bai's direction.

The corners of Su Bai's mouth rose slightly.

Lu Wei frowned slightly: Laughing? How could he laugh at such a time?

He didn't think he had won, did he?

I don't know why, Lu Wei suddenly had a bad premonition in his heart.

But he is also sure that there are no questions in his debate, and they are all answered around the core point.

My heart calmed down a little.

On the judgment seat.

Presiding Judge Lin Youping heard the debate between the two sides on the crimes of justifiable defense and intentional injury, looked down at the materials in his hand, and then looked up:

"Both defenses have expressed their opinions on whether Qi Feng is subjective and deliberate."

"Litigation party, do you have anything else to add?"

Su Bai tidied up his suit a little, and pulled out a sheet of materials from a stack of materials:

"The presiding judge, as proposed by the prosecution's lawyer, disagrees with Qi Feng's holding of knives and my ability to protect himself, and that the other two did not endanger Qi Feng's safety."

"Presiding judge, this is a report on the identification of the information of the other two by law enforcement officers, and the information report is clearly described.

The two had often been involved in brawls before, which showed how difficult the other was.

Qi Feng held the knife just to give himself a psychological comfort, and he didn't choose to take the initiative at first. ”

"However, the other party's move is to continue to infringe on our client Qifeng, and is carrying out this act.

We are fighting back in this case, and subjectively, it cannot be determined that we are intentionally harming. ”

"In addition, we have just stated that intentional injury is defined in criminal law.

First: the knives were not prepared by our party in advance, he was just for defense, and he happened to see the knives in the mall, and there was no purpose at first.

Second, our subjective intentions are obvious, and they are only to scare them, force them back, and carry out defensive measures, and we did not expect to develop into a later result. ”

"According to the basis provided by the law enforcement party, Qi Feng's psychology at that time has been described, and the content of the basis is that Qi Feng was extremely panicked and panicked psychologically at that time, and the main purpose was to protect himself."

"Now the prosecutor suddenly proposed that our action of wielding the knife against the two is not a subjective conscious defense, but an intentional act.

Does the prosecution's lawyer mean to overturn the evidence provided by the law enforcement side? ”

"We are asking the prosecution to present new evidence, or to overturn the defense on which the law enforcement side is based!"

The corners of Su Bai's mouth looked at Lu Wei with a slight smile.

If you can't solve the contradiction, you will lead the contradiction elsewhere!

If you want to argue with me, then you can try to hit the iron wall!

After noticing Su Bai's gaze, Lu Wei's expression management was a little unbearable.

???

You're going to tell me to overturn the evidence provided by law enforcement?!

How can I have that ability?!

Also, your defense idea is too wild, isn't it?!

Isn't that a litigant!

!

Lu Wei almost didn't hold back, he hurried out swear words, and endured it before he could control his expression management.