Chapter 189: No, in this case, you still have to defend yourself in legitimate defense?!

The prosecution case is complete.

On the judgment seat.

After sorting out Lu An's application for litigation, the presiding judge, Song Yuanhui, looked at the victim's family.

"Now ask the victim's family or the lawyer acting in the litigation to file a statement of action."

Facing the presiding judge's reminder.

Two lawyers, Li Fei and Xu Bing, made speeches respectively.

The content of the speech was simple.

Roughly speaking, Chen Bin needs to pay legal responsibility and criminal responsibility.

and demand compensation for civil liability.

An application for action filed by two lawyers appointed by the victims.

Pretty much decent, nothing too much else.

The family members of Li Fei and Xu Bing's families are actually just asking for money.

There are no other ideas.

It's good if they can get the money, and if they don't get the money, say otherwise.

After listening to the statements of the victims' families, the presiding judge, Song Yuanhui, rang the hammer.

"After the victim's family and their authorized agent have finished their statements, we will now ask the defendant or the lawyer ad litem to make a statement."

Call....

Hearing the presiding judge's words, Su Bai exhaled lightly.

Judging from the current situation, most of the trial is not optimistic about the defense.

Truly.

As a general rule, the prosecution raised the issue of intentional injury.

Nothing too much of a problem.

And then judging from the results, two people were killed and three people were seriously injured.

Or is it an established fact of the result.

You can't run away with a suspended death sentence.

But this is a special situation, since Su Bai has taken this case, he has a certain understanding of its statutory situation.

Intentional homicide?

This charge must be refuted by the prosecution.

This trial is indeed still difficult for him.

Especially in some aspects of identification.

This requires the determination of the collegial panel and the tendency of the collegial panel to analyze and judge the legal provisions.

But....

For these, Su Bai had already prepared, took a deep breath, and looked up slightly at the presiding judge's seat.

"Okay presiding judge."

"Our application for litigation is as follows:"

"We apply to dismiss the prosecution's claim for intentional homicide and recommend the death penalty."

"I believe that our attack on Li Fei and other debt collectors under the circumstances at that time was a legitimate act of self-defense, not an act of intentional homicide."

"Li Fei and other debt collectors entered Chen Bin's home and violated Chen Bin's mother, He Lijuan, which is already illegal."

"Chen Bin's attack was based on this established factual condition, and his actions can be regarded as legitimate defensive acts."

"Based on the above, we make a not guilty defense."

"Apply to reject the prosecution's proposal and find us not guilty."

When Su Bai's words fell.

In the courtroom, not only Lu An's expression was a little surprised, but even the members of the collegial panel in the presiding judge's seat were a little surprised.

Because judging by this case ....

The facts of Chen Bin's crime are clear, the evidence is conclusive, and he was armed with his own knife to carry out the attack.

Chen Bin was not beaten or otherwise assaulted in the process.

It was a legitimate act of self-defense, which puzzled the other people at the trial.

Especially Lu An....

As the organizer of this case, Lu An has a very clear understanding of the whole case and the relevant facts and evidence.

constitutes an act of self-defense, which is too reluctant to say, and it is still a defense of innocence.

Not guilty plea.

This is the point that surprised the members of the collegial panel, because no matter how you look at it, this trial does not fall within the scope of the not-guilty defense.

Knock knock!

On the presiding judge's seat, Song Yuanhui rang the gavel.

"Now that the parties' claims have been stated, the parties are invited to begin to state their factual and legal basis."

"But first of all, I would like to ask the defense lawyer of the defense, does the defense confirm that the defense pleaded not guilty?"

"Yes, Presiding Judge."

After hearing Su Bai's answer, Song Yunhui then looked at the prosecutor.

"Now I would like to ask the prosecution to make a statement."

"Okay."

Lu An glanced at Su Bai, and then began to speak.

"The prosecution does not agree with the defensive behavior raised by the defendant."

"The prosecution believes that the facts of Chen Bin's crime of intentional homicide are conclusive, and there is a confession and factual evidence."

"The crime of intentional homicide is divided into a variety of circumstances, among which, under Chen Bin's confession, it can be clearly known that he was psychologically subjective at that time."

"His psychological subjective situation at that time was that he saw his mother being bullied, so he had the urge to kill, which was his primary subjectivity."

"This primary subjectivity has shown that he had a desire to kill, and he acted on it."

"In the process of action, Chen Bin had enough time to think, and under the circumstances at that time, Chen Bin was not attacked."

"That is to say...."

"The situation at that time left Chen Bin with a lot of subjective conditions for autonomy, and it was his subjective will to choose to attack with a knife, which caused Li Fei, Xu Bin and three others to be seriously injured, which is an established fact."

"In this case.... Chen Bin's actions have constituted serious acts that endanger society and have caused the death of others. ”

"And most of the justifiable defense refers to the outbreak of resistance in the process of the violation, and in the subjective will, the act of stopping the perpetrator leads to the death of the other party."

"Only in this case can it be called legitimate defense, and its legal responsibility will not be pursued."

"This situation like Chen Bin's does not reach the level of legitimate defense."

"Prosecuting for intentional homicide is governed by law, so the prosecution applied to the court to rule Chen Bin guilty of intentional homicide."

"The prosecution has submitted the relevant factual basis and evidence."

"The prosecution's plea is closed."

The evidence is sufficient and the factual basis is sufficient.

After Lu An finished his statement, he looked at Su Bai in the defendant's seat.

He really wanted to know what angle the other side would use to defend himself.

.

….….

Meanwhile.

After listening to the prosecution's defense, Song Yuanhui also turned his attention to the defendant's seat.

"The prosecution has stated the relevant factual basis and evidence, and the defense is invited to begin its presentation."

"Okay."

Su Bai nodded slightly: "Presiding judge, first of all, before making a statement, I would like to dismiss one of the prosecution's views. ”

"The prosecution's statement shows that Chen Bin's subjective intention was to protect his mother and he had the idea of killing, so it is confirmed that Chen Bin committed the crime intentionally."

"From this point I would like to refute it."

"For the following reasons, what the prosecution said is that based on our confession, we are determined to have a tendency to intentionally kill."

"However, according to the prosecution and our client, as well as the evidence submitted by the law enforcement side, I do not see where this piece of evidence is."

"In the course of the interrogation and the process submitted by the law enforcement party."

"Our confession is: The person used the knife to protect his mother from being humiliated."

"And our client also explained the situation at that time and his own willingness to start from."

"The situation at that time was that He Lijuan, that is, Chen Bin's mother, was being humiliated."

"Li Fei and Xu Bing exposed their privacy, made verbal teases, and forcibly tore He Lijuan's clothes."

"According to the confession of our client and the evidence submitted by the law enforcement party, He Lijuan was wearing an off-white short-sleeved shirt at the time, and Xu Bing used his right hand to pull the short sleeve of He Lijuan's left arm to ten centimeters below the shoulder."

"In this case, Chen Bin used a knife, which led to the follow-up situation."

"But throughout the interrogation and the confessions of our client, as well as other evidence and evidence, it was not said that our client had the idea of killing at that time."

"I don't know where the prosecution came from, and I ask the prosecution to present the relevant factual basis and evidence..."

Regarding what Lu An said, Chen Bin saw his mother being bullied at that time, so he had the idea of wanting to kill.

At this point, Su Bai did not see the evidence submitted by the other party.

Then there was that he asked Chen Bin if he had ever said such a thing.

Chen Bin shook his head and said no.

Then, if the prosecution says such a thing, it is obvious that it will be somewhat misleading to the verdict of the trial.

This must be refuted.

Facing Su Bai's question, Lu An spoke: "The situation at that time was obtained by the law enforcement party after asking Chen Bin. ”

"According to Chen Bin's confession and subjective will, I learned about it."

Inquiries from law enforcement?

Su Bai frowned slightly, and rummaged through the relevant evidence materials, but he couldn't find any of the confessions from the interrogation or the relevant evidence.

So he spoke:

"Then please present the factual basis and evidence that the law enforcement side has reached this conclusion based on Chen Bin's confession and subjective will."

In response to Lawyer Su's sudden grasp of this matter, Lu An frowned slightly.

Because what he just described was indeed based on the questioning of a law enforcement officer.

But if he is asked to come up with factual basis and evidence ....

It's really not easy to come up with.

At the same time, Lu An was also annoyed in his heart, why did he say such a sentence.

As a result, Su Bai seized the loophole in his language and extended the time of the trial.

But....

Although it is said that such a small loophole was caught, it does not affect the follow-up result of this trial.

It's just a bit of a hassle.

In the face of Lu An's silence, Su Bai knew in his heart that this trial was not supported by the prosecution's accusation, as well as the subjective will of the presiding judge.

That's the troublesome thing.

So he continued:

"Judging from the evidence submitted in this case, the law enforcement side did not provide evidence in this regard, and the situation stated by the prosecution is entirely based on the prosecution's personal judgment."

"We have the right to doubt the legitimacy of this evidence."

"If it is such evidence that induces or coerces our party, then it is illegal evidence, and we have the right to reject such evidence."

"Presiding Judge, I apply to our client to make a statement about the situation described by the prosecution and verify whether the prosecution has provided false evidence."

In the presiding judge's seat, Song Yuanhui frowned slightly, but he didn't expect that according to the prosecution's statement, Su Bai would directly ask to prove the legality and illegality of the evidence.

Of course, he was also aware of Su Bai's purpose, and the first subjective purpose of rejecting this evidence was to determine that Chen Bin did not have the intention to intentionally kill.

Looking at the defendant's seat, Song Yuanhui slowly spoke: "Then let's ask the defendant to state whether what the prosecution said is the truth." ”

"If that's the case, then what was the situation like."

Faced with the presiding judge's question, Chen Bin glanced at the position of the defendant's agent ad litem.

Previously, Su Bai had already explained to him how to answer various questions in the trial.

According to what Su Bai said, he only needs to truthfully answer the questions raised by the presiding judge.

Thinking of this, Chen Bin spoke: "Presiding judge." ”

"What the prosecution says is not the truth."

"I don't know what the prosecution is talking about, he said I intentionally killed people, I don't know where that idea came from."

"There are indeed law enforcement officers who have asked me similar questions."

"I don't remember the details of the problem very well, but I can vaguely remember that the law enforcement officer asked me why I stabbed Li Fei and Xu Bing with a knife."

"My answer at the time was that I couldn't watch them bully my mom."

"Although I am not old enough to beat a dozen people by myself, I know that I must protect my mother, and I can't let my mother be bullied by others like that."

"Then the other party asked me again, I wanted to kill them when I saw them bullying my mother."

"I'm answering yes, I think."

"That's probably the content, I can't remember the specifics."

Song Yuanhui, as the presiding judge, continued to ask: "So, under what circumstances was it recorded at that time?" Or under what circumstances did they ask you? ”

"I remember when I was escorted.... I think they asked me a few similar questions when I was being detained, but they didn't take a record at that time. ”

"Are you sure you didn't take notes?"

Regarding the latter question, Chen Bin frowned and shook his head:

"I'm not sure, because I was on bail for so long, it's been months now, and I don't remember it very well."

Knock knock!

"Okay."

After listening to Chen Bin's answer, Song Yuanhui rang the gavel and simply sorted out the case.

After taking a deep breath.

looked inadvertently at the defendant's agent ad litem's seat.

If this case is changed to another lawyer to defend Chen Bin.

It is likely that the trial will go relatively smoothly.

But in the face of Su Bai as the defendant's agent ad litem.

To be honest, there are still some troubles in this case if it wants to move forward further.

It is necessary to pick out the details of the case step by step.

It's a bit of a hassle.

But....

These are all minor issues, and the main question is how to judge this case.

After all.... As a live trial case, this case still has a certain degree of popularity, and it is very simple to reach millions of views.

Song Yuanhui meditated silently in his heart.

PS: Ask for a monthly pass~

(End of chapter)