During the adjournment.

Song Yuanhui has already sorted out the relevant litigation materials.

According to the discussion with Meng Hao, there was a rough judgment.

Only one last court presentation is needed to announce the verdict on the spot.

Soon, the adjournment ended.

Accompanied by three members of the collegial panel, he walked into the courtroom.

The trial is reconvening.

All parties in the trial also know that this time the court session and the court statement are completed, there is a high probability that the trial result will be announced directly.

Everyone present, except for the defendant, was more nervous.

There is also Lu An.

After all..... the verdict of the trial affected his work.

Su Bai has a rough judgment on the verdict.

There wasn't much tension.

There are only two circumstances for Chen Bin's verdict.

Either justifiable self-defense or excessive self-defense, and if it were to be judged that the defense was excessive, the sentence would not be too severe.

It can't be more than three years.

This was Su Bai's prediction.

As for the litigation lawyers of the victims' families, the main content this time is the cost of litigation compensation.

It doesn't matter if you win the case or not.

Again.

In the face of a top lawyer like Su Bai, the victim litigation lawyer can only ask the legal side to mediate the compensation costs in court.

.

….….

Meanwhile.

In Wandai Co., Ltd., Liang Xingyuan's scalp wrinkled on his bald head and touched his head.

In this trial, should Chen Bin be acquitted?

If that's the case

That had a big impact on him!

His future lending business will not be easy to develop!

It will also be a big blow to the self-confidence of the group of people under him!

If the business can't be carried out in the future, what should he do with the company?

You must know that the annual profit brought by this company is very huge!

If this can't be carried out because of this, or if the debt collection business can't be done, then won't it be over?

Liang Xingyuan was upset when he watched the live broadcast of the trial, and turned off the computer with a snap.

I took out my phone and didn't know who I called.

….

On the court court.

Song Yuanhui sat in the presiding judge's seat.

During the adjournment, he had discussed a variety of situations with Meng Hao, and for this case, he was very clear about what situation he faced and how he should be decided.

At the presentation stage, there will be no deviation from the verdict.

So what if there is?

If there is, knock the hammer again and adjourn the court to discuss the outcome.

The problem is not very big.

Knock knock!

The gavel sounded.

Enter the final trial stage.

"At the end of the adjournment, do the parties have anything to add to the previous court plea?"

Su Bai: "No." ”

Lu An: "No. ”

Victim's defense lawyer: "No. ”

.

….

Knock knock!

"Then let's start the court presentation, and the prosecution will start making the statement."

"Okay presiding judge."

Final Panel Submissions.

Lu An sorted out the relevant litigation materials, took another one from Zhang Meng's hand, and then slowly spoke:

"Presiding Judge, the prosecution's court statement is as follows:"

"For this case, the prosecution believes that Li Fei, Xu Bing and others are at fault."

"Breaking into someone's home is a violation of the other person's right to privacy and committing a criminal act against the other person, such as verbal abuse, insulting personality restrictions, personal freedom, etc."

"In this regard, we believe that Li Fei, Xu Bing and others should bear part of the responsibility for this case."

"But on the other hand, although Li Fei, Xu Bing and others have violated the law, their right to life should also be protected."

"When Li Fei, Xu Bing and others committed criminal acts, they did not cause excessive harm to society."

"In response to Chen Bin's defensive behavior, which resulted in two deaths, three serious injuries, and several minor injuries, the prosecution believes that Chen Bin's defensive behavior was too serious and far exceeded the limit of legitimate defense."

"According to the criminal law of our country on the situation of excessive defense, the judgment of the law should be accepted."

"Please ask the court to make a judgment on Chen Bin's excessive defense from the consideration of the right to life of Li Fei, Xu Bing and others!"

"Presiding Judge, we've finished our statement."

Lu An's statement was relatively straightforward, the first was to take the initiative to admit the illegal behavior of Li Fei, Xu Bing and others entering Chen Bin's house.

The second is to separate such illegal acts from legitimate and excessive defence.

The potential meaning is that Li Fei, Xu Bing and others did illegally break into Chen Bin's house.

Trespassing is the crime of trespassing, and it has nothing to do with justifiable self-defense.

There is no necessary connection between the two.

To put it bluntly, it means that the fact that Chen Bin is overly defensive is established.

Even if there are other circumstances, it does not affect the judgment that Chen Bin was overly defensive.

I have to say that Lu An's court statement is of a very high level.

Facing Lu An's statement, Su Bai smiled slightly and looked up at the presiding judge's seat.

Boom!

"Now I will ask the victim's lawyer to make a statement."

During the trial, the victims' lawyer basically did not express any opinions.

Because this trial is mainly aimed at Chen Bin's criminal responsibility.

Their victims' claims are civil liability.

So the victim litigator has little opportunity to speak.

At the stage of court presentations, only the liability for civil compensation was raised, and it was hoped that the court would intervene for private mediation.

Song Yuanhui agreed with the opinion of the victim's litigation lawyer in court.

"Okay, as for the civil compensation requested by the victim's family, the court will conduct corresponding mediation in court."

"After the prosecution has finished its statement, the defendant's agent ad litem or the parties are invited to make a statement in court."

"Okay presiding judge."

Su Bai nodded.

The second adjournment is undertaken, and it is estimated that the collegial panel has already deliberated on the corresponding judgment.

The court presentation only further influenced the subjective judgment of the members of the collegial panel.

For how to make a court case.

Su Bai had already prepared, and in front of the prepared statement materials, he spoke:

"Presiding Judge, I am courting the court to state as follows:"

"We believe that according to the legal causal relationship, the cause of this case was that Li Fei, Xu Bing and others illegally broke into Chen Bin's home and caused the case."

"And unlawfully infringed on our client and his mother."

"This is the act of self-defense that our party has carried out."

"The distinction between legitimate self-defence and defensive behaviour is a matter of limits, which are understood in law in the face of legitimate rights and interests as personal liberty, the right to life, and the legitimate rights and interests of dignity and personality."

"Li Fei and others illegally broke into Chen Bin's home, and the infringement on Chen Bin was serious, affecting the personal freedom, dignity and personality of our client."

"And because of the culture in China and the strong concept of family affection, Chen Bin saw that his mother was subjected to foul language and hints of private parts, and even took action."

"In Chen Bin's concept, this is a serious insult and a serious illegal infringement."

"This has involved serious violations of the personal freedom, dignity and personality of Chen Bin and his mother."

"Even for some people with strong ideas, this is equivalent to brutally killing their dignity and personality."

"In this respect, I believe that personal freedom and dignity are equal to human dignity and personality and personal security."

"There is a good saying that life is precious, but for some people freedom and dignity and personality are more important."

"That is, we believe that Chen Bin's behavior does not constitute excessive defense, but only exercises his own legitimate defense."

"Presiding Judge, I'm done with my court presentation."

After finishing his statement, Su Bai exhaled lightly.

The purpose of such statements is to place human dignity on an equal footing with personal liberty and life.

Other words....

Li Fei, Xu Bing and others inflicted unlawful harm on Chen Bin and his mother.

The consequences of his defensive actions with Chen Bin were equal.

As a result, there is no act that exceeds the obvious limit.

In other words, it can be considered as an act of justifiable self-defense through this point.

It's just that....

It depends on what the presiding judge thinks about restricting personal freedom and equating personal dignity with the right to life.

At present, all the statements have been stated, and the next thing is to see the judgment of the collegial panel.

After hearing Su Bai's statement, Song Yuanhui sorted out the court statements of the prosecution and the defense.

He glanced at Meng Hao, then nodded slowly and sounded the gavel.

"Now that the statements of the parties have been completed, do the parties have any objections to the defenses and court statements made during this trial?"

Su Bai: "No objection. ”

Lu An: "No objection. ”

Victim litigation lawyer: "No objection. ”

Knock knock!

"There is no objection from all parties, and the verdict will be announced below!"

Clerk: "All stand and ask the presiding judge to announce the verdict!" ”

Everyone stood up, all eyes on the judgment seat.

Presiding Judge Song Yuanhui began to read out the verdict:

"The cause of action in this case is that the prosecution, as the public prosecution, prosecuted the criminal suspect Chen Bin for intentional homicide, causing the serious consequences of two deaths and three serious injuries, and applied to the court for judgment."

"Recommended sentence: death penalty."

"The applicable law applicable to which this court has jurisdiction over the case is in accordance with domestic law."

"The verdict is announced below:"

"According to the research and decision of the total court, the judgment is as follows for the public prosecution initiated by the public prosecutor and the civil liability attached to the accuser:"

"In response to the prosecution's charge of criminal suspect Chen Bin with intentional homicide."

"The court made the following determinations based on the evidence and the circumstances at the time:"

"One: In view of the circumstances of the case at that time, Chen Bin did have the impulse to commit a crime at the beginning, but this criminal impulse was within a reasonable range, and he did not commit a criminal act, but dealt with the corresponding incident through legal channels."

"Therefore, Chen Bin's actions are determined to be unintentional acts and defensive acts."

"The deaths of Li Fei and Xu Bing, as well as the serious and minor injuries of others, etc., were caused by Chen Bin's defensive behavior."

"Two: It is illegal for Li Fei, Xu Bing and others to break into Chen Bin's home, and Chen Bin has the right to defend him."

"3: With regard to whether Chen Bin's defense was justified defense, the court made the following judgment based on the facts, Chen Bin's subjectivity, and relevant evidence:"

"The difference between justifiable self-defense and excessive defense is the limit of behavior."

"Li Fei, Xu Bing and others broke into Chen Bin's home, which is an illegal act, and it is judged to be true, and Chen Bin can defend against it."

"In the process of defense, Li Fei and others did not pose a threat to the personal safety of Chen Bin and his mother He Lijuan."

"But it has led to a violation of the spirit and the dignity of the person."

"He Lijuan and Chen Bin have been unlawfully infringed upon in terms of their personality and dignity, as well as their personal freedom and freedom of conduct.

Chen Bin's defensive actions caused the deaths of Li Fei and Xu Bing, as well as the serious injuries of three others. ”

"In the process, the court held that He Lijuan and Chen Bin had suffered trauma in the unlawful infringement, and that the defensive acts they carried out clearly exceeded the necessary limits."

"As a result, the court ruled that Chen Bin's defense was excessive!"

However, due to the influence of other external factors, such as Li Fei and others illegally entered Chen Bin's home and committed criminal acts, and Li Fei and dozens of other people broke into Chen Bin's home to commit illegal violations.

In this process, Li Fei and others were in a kind of military superiority. ”

"Taking into account the above factors, the court said that Chen Bin's excessive defensive behavior can be understood from the perspective of statutory reasoning."

"That is, Chen Bin is sentenced to one year and six months in prison, suspended for two years!"

"The prosecution's application for intentional homicide against Chen Bin is dismissed."

"The prosecution's recommended sentence is not supported."

"In addition, for the civil compensation requested by the victim's family, the court will negotiate the civil compensation between the victim's family and the defendant after the trial."

"According to the provisions of China's procedural law, if the parties to the litigation determine that the facts of the judgment are wrong or the basis of the judgment is wrong, they may submit a lawsuit request for supervision, review or retrial to the relevant departments after the court is closed."

"The judgment will be issued to the parties within 10 days of the closing of the hearing."

The gavel sounds, announcing the result.

"Closed!"

Song Yuanhui's serious voice fell, and the verdict was decided.

Hearing the verdict, Su Bai exhaled lightly.

Sentenced to a suspended sentence ....

The court understandably did not accept his defence of justification.

After all....

In cases like this, if the intermediate court decides the case, it will adopt a relatively conservative decision.

Again.

In the definition of the law, the right to life takes precedence over other legal rights.

The suspended sentence already represents the view of the collegial panel.

Although it did not reach the level of legitimate defense, this trial can be regarded as a victory!

Well....

For the verdict this time, Su Bai is quite satisfied.

After this fight, I have to catch up with the next one....

Su Bai stretched and noticed that Li Xuezhen's eyes fell on him shiningly.

？？？

Li Xuezhen: Lawyer Su! I'm looking forward to the next one!

Su Bai: .....

Other than that.

In the prosecutor's seat, Lu An quietly looked at the defendant's agent ad litem's seat.

Took a deep breath.

Originally, he was still thinking that if this trial really ruled legitimate defense, it would be obviously unreasonable.

There is definitely a need to file a protest.

However, the court ruled that the defense was excessive.

Verdict was overly defensive....

A suspended sentence was given on top of the sentence, and the sentence was somewhat small.

Considering that this case was indeed caused by the illegal intrusion of Li Fei and Xu Bing.

Li Fei and Xu Bing need to bear the corresponding responsibility.

If such a verdict is made, it is not easy to protest.

It is estimated that the court also understands that if this case is judged to be justified defense, the procuratorate will definitely not agree, so it will be sentenced to excessive defense.

Call....

Lu An went through the general logic in his heart, and Zhang Meng on the side sorted out the relevant materials.

"The court ruled that there is no big problem, just pack up your things and leave, go back and organize your files, and prepare for work."

"Hmm!"

Lu An nodded, didn't say anything, and lowered his head to pack up the materials.

.

…

Suspended sentence.

Of course, the happiest in the trial were Chen Bin and He Lijuan.

The moment Chen Bin heard the verdict, he bowed deeply to the seat of the trial table, and at the same time bowed deeply to the seat of the defendant's agent ad litem.

"Thank you, presiding judge, thank you lawyer."

On the bench, Song Yuanhui unconsciously glanced in the direction of Su Bai after hearing Chen Bin's thanks.

nodded faintly: "The verdict against you was obtained in accordance with the law, and I made the judgment in accordance with the law, so you don't need to thank me so much." ”

"But I want to remind you here that there must be no criminal behavior during the probation period, otherwise the sentence will be increased."

"Don't be so impulsive in the future, if you have anything, call the police...."

As if remembering something, Song Yuanhui's face looked a little unnatural when he finished saying this.

waved his hand and instructed again: "Okay, after completing the procedure, get together with your family." ”

"Okay, Presiding Judge, I won't be so impulsive in the future!"

Chen Bin nodded excitedly and bowed deeply.

"Hmm!"

Song Yuanhui hummed lightly, and then, after sorting out the materials, he and the other two members of the collegial panel left the trial scene.

PS: Ask for a monthly pass~

(End of chapter)