Thirty minutes after the adjournment was announced.

The adjournment ended.

In the book. All the clerks stood up, and Lin Youping and the two judges walked onto the judgment table again.

Knock knock!

"The adjournment is over, and now the court is open again."

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

According to the litigation applications and defenses of the litigants and the prosecution, the focus of the dispute in the second instance is summarized as follows:

"One: Whether there is an intentional crime against Qi Feng."

"In response to the first point, based on the evidence submitted by the litigants and the prosecution, the Tribunal makes the following determination: "

"According to the definition of intentional crime, intentional crime is the result of knowing that one's actions will constitute a harm to society, but still hoping or allowing such a result to occur."

"The evidence submitted by the litigation party and the defense just now have shown that Qi Feng did not have the indulgence and hope of subjective factors, so it does not constitute intentional injury."

"Judgment: Qi Feng does not constitute intentional injury!"

Boom!

If the verdict is made, it does not constitute intentional injury, and the crime of capital punishment cannot be established.

Qi Feng obviously understood the significance of this, his whole body trembled, his eyes were red with excitement, and he looked at Su Bai in the seat of the litigant, his eyes were filled with a circle of mist.

No more death, no more shooting!

At this moment, his heart was extremely shaken, similar to the dawn of the Jedi darkness.

What is it?

This is hope!

Emotions of excitement, complexity, and gratitude surged in Qi Feng's heart.

Qi Feng's eyes were full of gratitude.

Su Bai nodded slightly.

Signaled Qi Feng not to get excited for the time being, and continued to listen to what the presiding judge had to say.

On the presiding judge's seat on the trial platform, Lin Youping raised his head slightly, looked at the defendant's seat, and continued to speak:

Does the prosecution have any objections or additions to this determination? It can be raised in court. ”

Lu Wei took a deep breath, the defense had already been lost, and there was no point in supplementing it.

"We have no objections."

"Hmm!"

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

"The second point of contention in this court is now defended: whether Qi Feng is justified in self-defense."

"Litigation party, for your party's claim that Qifeng is a legitimate defense, please defend your side."

Lin Youping looked up at Su Bai in the courtier's seat.

Su Bai knew very well in his heart that Qi Feng had now determined that he had not committed an intentional crime, so the next step was to fight for the justifiable defense.

In response to the presiding judge's question, his answer was extremely crucial.

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

"Presiding Judge, our defense of Qi Feng's justifiable defense is based on the application of justifiable defense in accordance with Article 20 of the Criminal Law of our country:"

"At that time, Qi Feng was in a state of being attacked, and the other party was two people, two habitual offenders who often violated the law, and no one could guarantee how much harm they would cause to our client, which was very dangerous for Qi Feng."

"According to the judicial interpretation of justifiable defense and the evidence provided by the prosecution, it is clear that:

1. Illegal infringement is taking place.

Second, it is when the unlawful infringement is ongoing.

Fourth, Qifeng's legitimate defense was based on the purpose of protecting legitimate rights and interests from unlawful infringement.

Fifth, Qi Feng's legitimate defense is aimed at the wrongdoer himself.

The above, according to the environment we were in at the time, were applicable to us.

As for the third scope of application, justifiable defense cannot exceed a certain limit, and I would like to give an important explanation, the presiding judge. ”

Lin Youping looked at Su Bai and sounded the gavel:

"The application is approved, and the litigant presents your defenses."

Su Bai studied the first-instance verdict, and Lu Wei focused on the third article in the positive defense:

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

Want to justify this...

Some difficulty.

What he wants to do is not to win from this aspect, but to make the other party unable to win, then this is his victory!

Faced with the approval of the presiding judge's application, Su Bai neatly arranged the materials and slowly spoke:

"The Criminal Law stipulates that legitimate defense cannot exceed a certain limit, which means that the direct purpose of the exercise of defense is to stop the continuation of the unlawful offense.

That is, after the practice of defense, the limit is to stop the unlawful infringement, and after the unlawful act is stopped, the act of defense cannot be continued. ”

According to the description of justifiable defense, when Qi Feng wielded the knife, the direct purpose was to stop the infringement of illegal acts.

At the same time, after Qi Feng waved the knife for defense, the reason why he continued to swing the knife was that the other two continued to carry out illegal acts, so they carried out several knife swinging actions. ”

"Qi Feng did not foresee the outcome of the death of the other party, his behavior and consciousness at that time were in a process of defense."

"It wasn't until the other two fell to the ground that Qi Feng stopped his behavior and did not choose to continue the violation, so Qi Feng's situation at that time was in line with the regulations of the positive defense."

"Presiding Judge, our defense is over."

Su Bai's voice fell.

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

"Prosecutor, as to whether Qi Feng is justified in self-defense, please start your plea."

Regarding Su Bai's judicial interpretation, Lu Wei seemed very calm.

Glancing at the materials in front of him: "Okay, presiding judge." ”

Our plea is as follows: "

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

Where legitimate defense clearly exceeds the necessary limit and causes major losses, criminal responsibility shall be paid. ”

"Qi Feng caused death to the other two, which is obviously a major injury."

Moreover, according to the lawyer of the litigation side, it was not until the other two fell to the ground that Qi Feng stopped his behavior and did not choose to continue the violation.

However, in this process, it is necessary to consider whether the other two parties still have the capacity to carry out the wrongful act. ”

"The answer is obvious, after Qi Feng swung the knife, the other two were injured."

"Although the two subjectively want to continue to carry out the wrongdoing."

"But in terms of ability, he is no longer capable of exercising wrongdoing!"

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

"Presiding Judge, our defense is over."

Lu Wei's voice fell.

Su Bai's gaze fell on Lin Youping, the presiding judge of the trial platform.

Although what he just said is reasonable, Lu Wei cannot refute the plea based on the actor's ability.

Of course.

The presiding judge will also need to consider his defence.

Whether it can be determined whether the defense of the party still depends on the intention of the presiding judge, and the last key link is the court statement.