Chapter Forty-Eight: Court Statement, Second Adjournment!
Presiding judge on the trial bench.
Lin Youping looked at the materials on the table and sounded the gavel:
"Now both the prosecution and the prosecution have completed their respective defense arguments."
"Now for the last item, the court statement."
Presiding Judge Lin Youping looked at the prosecutor's seat: "The prosecution is now making a statement." ”
The trial proceeded to the final stage.
Lu Wei also knew that this was the most critical part, and after the court statement was completed, there would be no room for any defense.
When the time comes...
The presiding judge may announce the verdict in court!
Lu Wei looked at the materials placed on the table, and now that he had decided that Qi Feng did not intentionally hurt him, it could be said that he had lost the lawsuit.
But...
Excessive defense is also divided into sentencing and punishment!
Taking a deep breath, Lu Wei looked at the litigation materials and slowly spoke: "I will make the following statement in court:"
"The excessive defense against Qi Feng caused the death of two people, and the other party has lost the ability to act, and continues to cause certain damage, resulting in the death of the other party, which can be said to far exceed the limit of defensive behavior."
"The law pursues equality for all and the right to life."
"The right to life is the first priority."
"The damage caused by Qi Feng is immeasurable, not only causing the loss of two lives, but also causing immeasurable damage to two families."
"In this case, we believe that we should consider whether the sentence is appropriate, and should give a heavier sentence, and give an acceptable punishment to the two deceased who lost their lives and their families."
For now.
Since Qi Feng could not be judged to have intentionally injured, it was necessary to increase the sentence as much as possible through a statement.
This is also what Lu Wei can do in the end.
Lu Wei looked up at the presiding judge's seat: "Presiding judge, our statement is finished." ”
Boom!
Lin Youping rang the gavel.
"The prosecution has completed its presentation, and now the prosecution party is invited to make a court statement."
Hiss.
Here comes the most crucial point.
Su Bai had already made preparations, and was waiting for this moment, he took out several materials from the litigation materials and slowly spoke:
"We make the following statement in court:"
"In the case of Qi Feng, we should not only look at the results caused by Qi Feng, but also comprehensively consider the nature, means, intensity, and degree of harm of the unlawful infringement, and the nature, timing, means, and intensity of the defensive act, as well as the environment in which it is located."
"For the judgment of the outcome of the trial, it is necessary to ensure that the judicial decision can stand the test of the law, and it must also adhere to the concept of social fairness and justice!"
"Fairness and justice are not about the result, but about the whole process of defense."
"China's law is too general in determining whether the suspension of defense has the ability to continue to infringe, which is not conducive to the public's recognition of legal justice."
"The reason why Qi Feng's case has attracted the public's attention is this, and it does not meet the public's expectations of legal justice!"
"Presiding Judge, I'd like to insert something else relevant into this."
Su Bai spoke.
Lin Youping rang the magic hammer: "Agreed." ”
"Okay presiding judge."
Su Bai nodded and continued to speak:
"In response to the Qifeng case, the number of Internet short videos played on the whole network is as high as hundreds of millions, of which there is a super high number of plays recently, and in the reprinted video, there is a message with more than 100,000 likes under the comment area, which is like this:"
"The reason why we pay so much attention to Qi Feng's case is because Qi Feng represents the psychology of our public.
Who wants to not be able to fight back when they are bullied?
If we are judged to have beaten each other or intentionally injured each other, then should we watch ourselves being bullied, and then take up the weapon of the law after being bullied?
Is belated justice the justice we want? ”
Although there is a certain problem with the expression in this passage, it represents the voice of our public! It represents the resonance of the public! ”
"The justice of the law should not be encroached upon by the perpetrator!"
"According to China's judgment of legitimate defense, it is difficult for the injured party to determine whether the aggressor has the ability to continue the infringement in this process!"
"It's hard to judge this ruling!"
"If the abuser violates the victim, when the victim fights back, the abuser realizes that the victim will harm himself and deliberately stops the violation, and when the victim chooses to stop, the abuser violates the victim again, isn't this an aggravation of the victim's harm?"
"The judgment of justifiable defense and excessive defense should be considered from the environment in which it is located, and the environment in which Qi Feng was in at that time was an environment of justified defense."
"Presiding Judge, our statement is over."
After Su Bai finished speaking, he looked up at the judgment table.
On the trial platform, after listening to Su Bai's statement, Lin Youping frowned slightly and was silent for a few seconds: "Litigation party, is there any evidence basis for the video comments expressed by your side?" ”
Facing the presiding judge's question, Su Bai took a long breath, and most of the tension in his heart disappeared.
"Some presiding judges."
Su Bai handed over the materials prepared in advance to the staff next to him, and then the staff handed them over to the hands of the presiding judge, Lin Youping.
After Lin Youping received the materials, he handed them over to Fang Mei and Zhu Xiong for a look, and the eyes of the three collegial panel members looked at each other.
Boom!
Lin Youping rang the magic hammer.
"Now for the adjournment!"
"Thirty minutes later, the adjournment is over, and the verdict of the trial is announced!"
Adjournment for the second time!
Su Bai let out a sigh.
The purpose of this adjournment is obvious, and it seems that the original intention of the presiding judge was to judge that the defense was excessive.
But after his court statement and final defense, there is a sense to change the decision!
But it's hard to say how to decide!
Su Bai's gaze fell on Qi Feng's body, nodded imperceptibly, and didn't say anything.
On the other side, Lu Wei's gaze kept falling on Su Bai's body and he didn't know what he was thinking.
Su Bai noticed Lu Wei's gaze, did not deliberately avoid it, and at the same time did not continue to look at each other, just glanced at it lightly.
Seeing this, Lu Wei withdrew his gaze and stared at the trial materials in front of him.
Deliberation room of the collegial panel.
The three members of the collegial panel discussed the case again, and Lin Youping looked at Fang Mei and Zhu Xiong: "Let's talk about it." ”
"I think the debate in this trial is quite exciting, especially the last paragraph of defense and statement, you can share your opinions."
Zhu Xiong was silent for a while, and then spoke: "The plea of both sides has a certain legal basis, and according to the previous court judgments, it should be judged that the defense was excessive. ”
Fang Mei nodded solemnly: "According to the previous court hearings in this case, it should indeed be judged that the defense was excessive, but this matter has a lot of impact, especially the court statement made by the litigation lawyer's lawyer in court..."
Facing Fang Mei's last sentence, Zhu Xiong nodded slightly.
The pressure of this trial is a bit great, and the case can already be set up as a very classic case, which tests the ability and level of the presiding judge.
Lin Youping heard the words of the two people, nodded slightly, and had a judgment in his heart.
Seeing this, Fang Mei and Zhu Xiong didn't say much, but at the same time, they both thought of something...