Adjournment.

On the court court, in the prosecutor's seat, Lu An sighed.

Quietly looking at the litigation materials in front of him.

Zhang Meng on the side rubbed his eyebrows, and said helplessly: "This litigation lawyer of the other party"

"The level is very high."

Lu An nodded heavily.

"Indeed."

"Originally, the collegial panel was about to judge Chen Bin's intentional crime, but it was forcibly stopped."

"The other party raised an objection and at the same time put forward a legal basis."

"I don't know what the members of the collegial panel will decide next. It's a bit of a hassle. ”

"Hmm"

Zhang Meng shifted his gaze to the seat of the defendant's agent ad litem, rubbed his temples again, and did not speak.

.

….…

And at the adjournment stage.

Luo Daxiang in the live broadcast room.

Taking advantage of the adjournment stage, Luo Daxiang and the fans in the live broadcast room briefly explained the legal interpretation and defense skills of the trial just now.

The relevant content, Su Bai has made it very clear at the trial.

Therefore, in response to the defense at the trial, Luo Daxiang only made a simple addition.

.

….….

Discussion room of the collegial panel.

This time, the three court members in Chen Bin's case sat opposite each other.

Song Yuanhui put the litigation materials in his hand on the table, frowned, and said seriously and helplessly:

"This trial defense is a bit tricky!"

"Originally, our collegial panel studied this case, and the two of you have no objection to Chen Bin committing intentional homicide, right?"

"But now the defendant's litigation lawyer has put forward the viewpoint of legitimate defense and put forward the corresponding legal basis."

"When I was judging just now, I was challenged on the spot."

"Forced to adjourn."

"This time the court is adjourned, I just want to ask the two of you what you think about the defense lawyer's litigation lawyer that Chen Bin is not an intentional homicide, but a legitimate act of defense?"

Song Yuanhui finished a few words in one breath.

Meng Hao, who was sitting opposite Song Yuanhui, picked up the litigation materials on the table and looked through the two:

"According to the legal interpretation of the criminal law on the intent to commit a crime, there is nothing wrong with what the defendant said."

"What we aimed at at the beginning was that Chen Bin killed people with a knife in this case, and took the initiative to hold a knife to determine Chen Bin's subjective will."

"Now the words. . . I think we need to think differently. ”

Shi Jiaming: "Huh? Think differently? ”

"You don't have to think differently."

"Chen Bin caused two deaths and three serious injuries!"

"And he personally admitted that at the beginning, he had the idea of killing people!"

"Wouldn't it be good to make a direct judgment based on this point, the case itself is not too troublesome, or the defendant's lawyer, subjectively about some details, come up with such laws and regulations to reply."

"I see that the other party obviously intends to delay the trial."

"It's not going to be judged directly."

"Before the trial, didn't we have already made a rough judgment on this case, I think it should be according to the previous discussion."

Shi Jiaming refuted Meng Hao's claims.

Requests for direct judgment.

After listening to Shi Jiaming's statement, Song Yuanhui: ???

Who are you pitting?

What do you think you're trying to do?

The heat of this trial is very huge!

If it is really judged according to what Shi Jiaming said.

He was sentenced like this in the morning, and he was on the hot search in the afternoon and taken away in the evening.

Don't even want to spend the night at home today!

Regarding Shi Jiaming's words, Song Yuanhui directly did not consider it, but asked rhetorically:

"If you show in the discussion of the collegial panel that you are the one who insists on such a verdict, I will make such a judgment, how about that?"

Shi Jiaming: .....

In the deliberations of the collegial panel, if he insisted on doing this.... He was responsible for the consequences.

Shi Jiaming smiled: "Forget it, that's what I said, just kidding." ”

"We will definitely judge in accordance with the law."

Regarding Shi Jiaming's joke, Song Yuanhui directly ignored it, but looked at Meng Hao:

"When you think about it, what kind of thinking are you talking about?"

"Should it be considered from the perspective of legitimate defense?"

"Hmm!"

Meng Hao nodded seriously: "I mean, we don't necessarily have to substitute from the perspective of Chen Bin's deliberate crime. ”

"After all."

"Judging from the current trial situation, the defendant's lawyer's statement has a legal basis."

"And the prosecution's accusations seem to be a little thin."

"Hmm!"

"I see, let's wait for the trial."

After listening to Meng Hao's general explanation, Song Yuanhui put away the litigation materials and nodded.

.

….….

Soon, the adjournment ended.

As the clerk reconvened, three members of the collegial panel stepped up to their seats on the courtroom.

Seated.

According to the adjournment, the content of Su Bai and the prosecution's defense was organized.

Song Yuanhui rang the gavel: "The adjournment is over." ”

"Now the trial of Chen Bin's case continues."

"The defense believes that Chen Bin is exercising the function of legitimate defense in this case, does the prosecution have anything to say about this?"

At the adjournment stage.

Lu An and Zhang Meng's plea for the reopening of the court has been sorted out.

Faced with Song Yuanhui's question, Lu An took a deep breath and spoke: "Chen Bin, who was stated by the defense, exercised the function of legitimate defense, and the prosecution did not agree with this. ”

"First of all."

"The defense has no evidence to conclusively prove that Chen Bin's subjective intention to attack Li Fei, Xu Bing and others with a knife was not an intentional crime."

"Confession of the person."

"Not enough to form a chain of evidence."

"According to Chen Bin's previous dictation, he can be subjectively judged based on specific scenes and facts."

"Secondly, the defendant's client brought up legitimate defense.."

"The prosecution does not agree with this."

According to Article 20 of the Criminal Code, the interpretation of justifiable self-defense: "

"An act taken to stop an unlawful infringement in order to protect the state, the public interest, the person, property and other rights of the person or others from an ongoing unlawful infringement, and the damage caused to the wrongdoer, is justified defense and does not bear criminal responsibility."

"Within the understanding and application of this criminal law."

"There is such a point: it shows that the exercise of justifiable defense is aimed at the unlawful aggressor and the suppression of the unlawful aggressor's acts, and it is an act of defense exercised to safeguard the legitimate rights and interests protected by law."

"At the time when Chen Bin committed the crime."

"Li Fei, Xu Bing and others did not commit illegal acts against Chen Bin."

"What was Chen Bin doing at that time?"

"Chen Bin was standing in the corner of the room at that time, and no one harmed Chen Bin, although Li Fei, Xu Bing and others were verbally harassing Chen Bin's mother, He Lijuan."

"But. . . During the whole process, He Lijuan's legal rights and interests were not violated too much. ”

"Chen Bin's attack, using legitimate defense to explain, is completely inappropriate."

Su Bai: "??? ”

What is this saying?

Infringement is violation, no infringement is no violation, what does it mean not to infringe on He Lijuan's legal rights and interests too much?

And also.

When you talk about the process, you should explain everything clearly!

Faced with Lu An's statement, Su Bai directly refuted: "We think that the prosecution's statement is incomplete. ”

"First of all, Chen Bin was standing in the corner of the room at that time."

"We do not refute this."

"But what exactly?"

"The specific story is that after Chen Bin called the police, the law enforcement party came to check the scene at that time."

"There is no mediation between the two sides."

"Instead, he simply warned Li Fei, Xu Bing and others not to make any other trouble, which roughly means not to go too far."

Then he left the scene.

"What did Li Fei and Xu Bing do after the law enforcement officers left the scene?"

"According to the detailed verbal control, the law enforcement officers left, and the violations of Li Fei, Xu Bing and others escalated again."

"Originally, Li Fei, Xu Bing and others only verbally insulted He Lijuan, but after the law enforcement officers left, it escalated to a behavioral pull."

"According to the law, the determination of legitimate rights and interests."

"Legitimate rights and interests not only refer to life and health, personal safety, but also personal freedom, human dignity, etc."

"And Li Fei, Xu Bing and others, at the beginning, were verbally insulting to He Lijuan, but after the law enforcement officers left, they became even more arrogant, further persecuting He Lijuan's personal freedom, insulting her personal dignity, and even harming her personal health later."

"According to the prosecution's statement, although Li Fei and others did no harm to Chen Bin, in the process of stopping Chen Bin with a knife, the first thing Chen Bin did was to stop Li Fei, Xu Bing and others from committing illegal acts against He Lijuan."

"Second: When Chen Bin stopped the illegal acts of Li Fei and Xu Bing and others, Li Fei, Xu Bing and others didn't care at all and continued to commit illegal acts."

"That's why Chen Bin continued to defend himself."

"Just imagine, in that scene at that time, Chen Bin's mother was being violated, and he stepped forward to stop it, but the other party did not stop and continued to violate."

"This violation is not about life and health, but about the legitimate rights and interests of personal freedom and human dignity."

"In the process of continuing the aggression, Chen Bin carried out his act of self-defense."

"Questions?"

"Legitimate rights and interests do not only refer to the right to life and health."

"At the same time, restricting personal freedom and human dignity is also an unlawful infringement."

"In addition, based on this point, I would like to make a brief statement about Chen Bin's subjective behavior."

"When Chen Bin had the idea of murderous intent, the law enforcement officers had not yet come."

"During this period, Chen Bin contacted the relevant law enforcement officers to solve the problem."

"Then it means that although he has this idea, the first solution that comes to mind is to seek the help of law enforcement officers."

"This is what he really thinks, so this also rejects the prosecution's statement that Chen Bin only has a confession, and there is no other evidence and factual basis."

"Based on the above, we believe that Chen Bin's behavior is an act of legitimate defense."

After Su Bai finished speaking, he briefly gathered the information.

On the bench.

Song Yuanhui summarized the statements of the prosecution and Su Bai.

First of all, from the perspective of the prosecution's statement, the prosecution believes that Chen Bin does not fall into the category of legitimate defense.

Because Li Fei and others did not illegally infringe on Chen Bin at that time.

This kind of illegal infringement is mainly aimed at the personal safety of Chen Bin and He Lijuan.

And through Chen Bin's confession, it is not enough to form a chain of evidence to refute Chen Bin, and there is no subjective intent to intentionally kill.

But relatively speaking.

Su Bai's rebuttal was even sharper.

Su Bai's rebuttal is mainly aimed at legitimate rights and interests.

The legitimate interest described by Lu An refers only to personal safety.

And Su Bai suffered humiliation from He Lijuan and the disgusting of foul language.

And in the face of Li Fei and Xu Bing's pull of exposing their privacy, they defended their legitimate rights and interests on personal freedom and dignity.

More importantly, it is stated that Chen Bin has reported to the police.

In other words, Chen Bin still called the police after his mother was insulted with murderous intent.

From this point, Chen Bin's subjective intention can be judged.

Why?

Because how can anyone want to kill someone, but go to the police?

That is, from this point of view, the only evidence presented by the prosecution is a confession.

After listening to the arguments of both sides and summarizing them.

Song Yuanhui had the idea of judgment in his heart.

But....

There is also an important element involved in the statements of both sides.

That's law enforcement officers ....

.

….

PS: Ask for a monthly pass~

(End of chapter)