According to the statements of both parties and the rebuttal of Su Bai's statement.

Now there is basically no problem with Chen Bin's subjective will.

After all.....

After Chen Bin had the idea of deliberately wanting Li Fei and Xu Bing to die, there was an act of calling the police.

Such an act can be judged to be a denial of Chen Bin's previous subjective intentional injury.

Based on this, through his confession, it can be determined that his subjective will is an unintentional crime.

In response to Chen Bin's behavior, the rest of the defense is very simple.

Song Yuanhui thought silently in his heart.

It's just that.....

This is a live broadcast of the trial!

Su Bai directly used this police act as evidence to assist Chen Bin's subjective will.

The case was so hot that when the live broadcast of the trial spread, the public discussed the verdict of the case and other aspects.

There will definitely be a heated discussion on why the police were called and why this case happened.

It's a nuisance.

But....

In the follow-up, no matter how much public opinion is raised, no matter how serious the situation is, it has nothing to do with their court, he just needs to judge how he should be judged.

.

….

Song Yuanhui thought silently in his heart, took his eyes off the litigation materials, and rang the gavel: "According to the defense claims of both sides." ”

"Here is a summary."

"According to the prosecution, when Chen Bin saw his mother being bullied, he had hatred for Li Fei and others, so it was determined that Chen Bin had intentional criminal behavior in his subsequent behavior."

"For the prosecution's point of view."

"After discussing the specific circumstances of the case and the relevant legal basis, the collegial panel made the following judgment based on subjective and objective facts:"

"One: When Chen Bin had hatred for Li Fei and others, he did not commit a criminal act, and according to the understanding and application of intentional crimes in criminal law, Chen Bin does not constitute a condition for intentional crimes."

"Two: Supplementary evidence includes: Chen Bin's own confession and the subsequent reporting of the police when this idea was generated."

"Through the alarm behavior, it can be seen that Chen Bin's hatred for himself at that time could be controlled, and the correct way was taken, that is, to call the police to deal with it."

"Three: According to the scene at the time, from the subjective and objective facts, Chen Bin had the idea of impulsively committing a crime at the beginning, but did not carry it out, but took the act when Li Fei, Xu Bing and others further insulted Chen Bin's mother, He Lijuan."

"Based on the above."

"After discussion, the collegial panel determined that in this case, Chen Bin did not have subjective intentional acts."

Knock knock!

The gavel sounded.

"Are there any objections from the parties?"

This time, Song Yuanhui's judgment of striking the gavel was completely different from the last time.

The last time it rang, it was a subjective intentional act.

This time, however, there is no subjective intentional act.

Once this verdict is established, then Chen Bin will not be charged with intentional homicide and intentional crime, and will be directly pulled from the death penalty to fixed-term imprisonment.

Su Bai definitely agreed with the court's decision.

"We have no objections."

.

….

Prosecution bench.

Faced with this judgment, Lu An's expression was calm.

After Su Bai refuted and put it forward, Chen Bin reported to the police.

He already knew that the collegial panel might judge Chen Bin as not subjectively intentional.

For this one verdict.

As the prosecution, he has already finished his statement, and there is really nothing to object to.

It's just that.....

It is not subjectively intentional, but it is judged to be involuntary homicide.

In this case, he did not agree that Chen Bin was justified in self-defense.

Why?

Because the other party caused the death of two people and the serious injury of three people.

Especially in this case, he still raised the charge of intentional homicide against Chen Bin and recommended the death penalty.

It is considered involuntary homicide.

But if it is judged to be an act of justifiable defense, then what can he, the prosecutor, say.....

It seems that the level is too low.

Zhang Meng on the side saw Lu An's thoughts, and his eyes signaled him to calm down.

Lu An took a deep breath, nodded silently, and then spoke: "Presiding Judge, we have no objection. ”

.

….….

At this time, the family of the deceased in the seat of the injured party asked their lawyer:

"Lawyer, this doesn't affect our asking for money, right?"

Attorney: "....."

"No."

"That's good, just don't affect the money."

Li Fei's wife nodded seriously.

On the other side, Xu Bing's family members also opened their mouths to ask and got the answer, and the expression on their faces instantly eased a lot.

In this case, there is only one demand for the families of their victims, and that is to take money.

All judgments revolve around this.

It doesn't affect them to ask for money.

For Li Fei's wife and Xu Bing's family.

They don't have much affection for Li Fei and Xu Bing.

Because Li Fei and Xu Bing, as debt collectors, usually shout outside to collect debts.

After collecting the debt, I can get a lot of money, but I don't take a cent back home.

Earn money and around outside.

Take Li Fei's wife as an example, taking care of her two children, she relies on her usual odd jobs to subsidize the family.

and Li Fei's parental relief.

But Li Fei didn't care about it, and when he returned home, he would even abuse and do things to his family.

The situation in Xu Bing's house is similar to that in Li Fei's house.

Therefore, the families of the two people naturally do not have much affection for them.

Even for the families of the two, this is a good thing.

.

….….

On the court court.

After this verdict, the defendant should be the happiest.

I hear the verdict result.

Chen Bin's face was flushed with excitement, he knew that it was impossible for him to be sentenced to death!

He Lijuan's melancholy face on the side instantly turned into joy.

Although she didn't understand the law, she knew what it meant for this decision.

During Chen Bin's detention, as a mother, she learned a lot about the law.

It's basically about how to commit a crime and kill someone without being sentenced to death.

In other words, how can a death sentence be suspended.

The distinction between intentional and unintentional is mentioned.

The judgment is not subjective and intentional, which means that Chen Bin has directly become a fixed-term imprisonment!

He Lijuan looked at Su Bai excitedly, and Li Xuezhen patted her shoulder lightly on the side: "I believe in Lawyer Su"

"Okay.."

He Lijuan nodded seriously.

.

….….

At the same time, Luo Daxiang was in the live broadcast room.

Many fans commented in the comment area, most of which were aimed at the verdict of the presiding judge.

"Hahaha! it! Lawyer Su is too fierce, such an accusation of intentional crime was made by Lawyer Su like this, and it directly became unintentional? Wouldn't that be acquittal? ”

"The judgment is unintentional just means that the death penalty will definitely not be given, where did the acquittal come from, if you want to acquit this case, it is very difficult, after all, it caused two deaths and three serious injuries!"

"Yes! But from the death penalty to the expiration date, it is also very good! ”

"Indeed!"

When others commented on the trial and related matters, a different point of view suddenly popped up in the comment area.

"In this trial, Lawyer Su really fought well."

"But more than this, I am more concerned about the situation at that time, why no one drove away the group of debt collectors who broke into Chen Bin's house!"

"You know, that group of debt collectors has already entered Chen Bin's house! I don't know much about the law, but I also know that this group of debt collectors entering Chen Bin's house is already equivalent to infringing on the rights of others, right?! ”

"It must have constituted a violation of the law, right?"

"If this group of debt collectors had been driven out of Chen Bin's house and dealt with at that time, it is estimated that there would definitely not be such a case now, and it would not have caused the death of those two debt collectors!"

"! I just reacted to what you said, this matter is indeed ha, looking at Lawyer Su's plea, it seems that this group of debt collectors have not been driven away, so they are becoming more and more arrogant, and they will directly do it to Chen Bin's mother He Lijuan! ”

"Speaking of which, I was suddenly interested! After this trial, should Lawyer Su finish the trial directly and turn around and go to the supervision and review department? After the lawsuit, it will be there in half an hour? ”

"Ahem.. I don't think so, Lawyer Su is from Nandu, he has been to the department of Nandu a lot, he knows where it is, it may take a little time in Beidu, I estimate that it may take an hour. ”

"Hahaha, I'm looking forward to it!!"

“+1+1+1+1+1+1”

“.….”

Luo Daxiang looked at the discussion in the comment area and smiled slightly.

According to Su Bai's personality.

In this case, it will definitely not be just like that.

Su Bai's personality is aimed at the cases he has taken over, and he will never leave out those who violate the law and commit crimes.

Follow-up words....

If he didn't expect, there should be a more typical case to be fought.

However, the case against Chen Bin has not yet been resolved.

For the time being, we need to take a look at the current trial.

It's just that....

Chen Bin's case, no matter how you say it, also caused two deaths and three serious injuries, and he was acquitted.... It's hanging.

The last time Qi Feng was acquitted, it was because the presiding judge at the time had the idea of promoting legitimate defense.

And he is also the vice president of the High Court, and his rank is relatively large.

Chen Bin's case was tried by the Intermediate People's Court, and the presiding judge's level was relatively low, and the verdict would be more conservative.

These are all Luo Daxiang's speculations.

As for the verdict, he is not very clear.

Shaking his head and not continuing to think about it, Luo Daxiang put his eyes back on the courtroom.

.

….

During the trial.

Presiding Judge's seat.

Song Yuanhui judged Chen Bin's subjectivity, and after hearing that all parties had no objections, he nodded slightly.

There is no objection to this decision.

Then the next progress can be better promoted.

In response to the statements of both parties, Song Yuanhui can see that in this trial, one party is asking for a verdict of legitimate defense, and the other party is asking for a verdict of guilt.

Su Bai's idea is very clear, that is, to make a defense of legitimate defense.

And the direction of the next debate for the prosecution is also very clear.

Since it is not intentional, it will be stated in a way that is in defense of excessive behavior.

In fact, in this trial, Su Bai has already won the case, but it is still the same sentence.

For Su Bai, winning the case is not the goal.

The goal is to win!

Knock knock.

The hammer sounded, and Song Yuanhui looked at the litigation materials and the evidence submitted by both parties to prove that he spoke:

"There is no objection from all parties, according to what the defendant has raised, you believe that Chen Bin is exercising legitimate defense, so what are the reasons why you think Chen Bin is exercising legitimate defense?"

"Next, I would like to invite the defendant's attorney ad litem to make a statement."

"Okay, Presiding Judge."

Hearing the presiding judge's inquiry, Su Bai knew that this was the final verdict.

Exhale softly:

"In our opinion, Chen Bin's justifiable reasons for defending themselves are:

Under the circumstances at that time, Li Fei, Xu Bing and others seriously infringed upon their legitimate rights and interests in personal freedom and dignity. ”

"And this unlawful encroachment is ongoing and ongoing."

"The purpose of our actions is to prevent Li Fei and others from continuing to carry out illegal infringements against us."

"That is, we believe that we are in legitimate self-defense."

.

…

Knock knock!

"Is there anything the prosecution has anything to say?"

Lu An spoke:

"In some cases, the presiding judge believes that the other party is not justified in defense, and should be found to be excessive defense."

"First of all, according to the understanding and application of justifiable defense, and the circumstances that do not fall under justifiable defense."

"Circumstances that do not fall within the scope of justifiable defense are: untimely defense, hypothetical defense, excessive defense, provocation of defense, and accidental defense. Fighting each other, etc. ”

"In Chen Bin's case, it is obviously a case of excessive defense."

"First of all, to determine whether the defense is excessive, the nature, means, intensity, and degree of harm of the unlawful offense should be considered, as well as the nature, timing, means, and intensity of the defensive act, as well as the circumstances in which it is located, and the consequences of the damage."

"Defending against an unlawful restriction of another person's personal liberty accompanied by insults, minor assaults, and not very imminent unlawful assault resulting in death or serious injury."

"It shall be found that the provisions of paragraph 2 of article 20 of the Criminal Law clearly exceed the necessary limit, causing major harm."

"In Chen Bin's case, the illegal infringement of He Lijuan and Chen Bin by Li Fei, Xu Bin and others was obviously only an insult and a slight beating, and did not cause serious consequences or damage."

"But Chen Bin's use of knives caused two deaths, three serious injuries and several minor injuries to others, clearly exceeding the necessary limit and causing significant damage."

"Therefore, in our opinion, in this case, it should be determined that the defense has clearly exceeded the necessary limit and caused significant damage."

"Based on the above behavior, we ask the court to severely sentence Chen Bin's behavior."

"Presiding Judge, we're done with our statement."

That's it.

Lu An briefly sorted out the litigation materials.

The court found that Chen Bin was not intentional.

In accordance with the provisions and interpretations of the law, he has no opinion.

However, he did not agree with the determination of legitimate self-defense.

Because Chen Bin's actions clearly exceeded the limits of legitimate defense.

Of course, Lu An's statement needs to be decided by the court.

PS: Ask for a monthly pass~

(End of chapter)