Chapter 247: Love and Law? Su Bai: I want it all!
On the court court.
After listening to Su Bai's statement, the presiding judge, Qin Yong, frowned slightly.
Good samaritan....
It is true that the prosecution did not raise this point at the trial.
The defence raised this point on the basis of established facts.
It's just that in the court trial, the verdict has not yet been made.
Immediately after, Qin Yong looked at the prosecution.
The decision in this regard is a discussion between the prosecution, that is, the prosecutor and the defendant.
Qin Yong spoke: "Please ask the prosecution to make a defense." ”
Hearing the presiding judge's opening, Tang Liang nodded slightly: "Okay, presiding judge." ”
Then he continued to speak.
"Presiding judge, we do not agree with this view of the defense."
Specifically, there are the following points:"
"The first point: In the cross-examination just now, it has been obvious through the questioning that Guang Youzhi has admitted his crime, forming a complete chain of evidence, accompanied by the subjective intention of intentionally hurting people."
"The second point is that there is no conflict between acts of righteousness and intentional harm, and there is no specific relationship between the two."
"In other words, even if he is ambitious and courageous, but he has caused harm to Wang Qiang, and it is substantial harm, it is also intentional injury."
"It is wrong to make such a determination that he should not ignore his own intentional harm because of his act of righteousness and courage."
"Third: whether Guang Youzhi is an act of righteousness and courage needs to be determined."
"That's our view."
"Based on the above three points, the prosecution does not agree with the views stated by the lawyer entrusted by the defense."
"Presiding Judge, the prosecution has finished its case."
Tang Liang's statement is also very simple, that is-
Righteousness and courage are righteousness and courage, but intentional injury is caused by facts, and harm is also a fact, and cannot be generalized.
And there are broad aspirations, whether it is an act of righteousness and courage, to be determined.
The above is the point stated by Tang Liang.
Faced with the above points, Su Bai opened his mouth to refute.
The first point of rebuttal is whether it is an act of righteousness and courage from the perspective of a wide range of aspirations.
He has just stated what constitutes an act of righteousness and courage.
The composition of acts of righteousness and courage is relatively simple.
Therefore, Su Bai directly applied to the court to determine whether Guang Youzhi was a righteous and courageous act.
"Presiding Judge, we do not agree with the prosecution's determination of us."
"As for the third point, according to the evidence provided by the relevant law enforcement parties, as well as the confession of the woman who was bullied by Wang Qiang, it is obvious that our side is an act of righteousness and courage."
"I am applying for a judgment on the conduct of our client's broad ambition at that time."
"After the verdict is over.... The trial will continue with respect to other circumstances of the case. ”
Qin Yong agreed with Su Bai's statement, looked through the relevant materials, and then asked Guang Youzhi a few questions.
"May I ask the defendant Guang Youzhi, what was your first reaction when you saw Wang Qiang bullying that girl at that time?"
Guang Youzhi replied: "Presiding Judge, I didn't think about anything too much at the first time, what I was thinking about at the time was to help that girl." ”
"I don't want him to be bullied by other people."
"And what is your purpose in helping this girl?"
"The purpose at that time was very simple, at that time, I saw Wang Qiang pulling other girls, and the girls were full of reluctance, and he still had to pull others into the car."
"The first thing I thought of was that Wang Qiang was bullying people, so I went up and did it, if the purpose is to say, I think the purpose may be to save people."
"Nothing else .... When I was in school, I kept seeing cases of bullying on the Internet.
So I kept thinking in my heart that if I encountered this kind of thing, would I help other people....
The mental hint I gave myself at the time was that if I met it, I would definitely help other people.
Because I am also worried about what danger my relatives will encounter outside in the future, and other people will not be willing to help. ”
As a recent college graduate, Guang Youzhi's idea was very simple, and when the presiding judge asked, he directly said his thoughts.
"Okay."
After Qin Yong listened to Guang Youzhi's answer, he already had a rough judgment in his heart.
There is no problem with the determination of the determination of the act of righteousness and courage that the act of ambition can indeed be called a righteous and courageous act.
But at what point is the problem?
The problem is that in this process of righteousness and courage.
Guang Youzhi caused Wang Qiang's serious injury, and from the perspective of righteousness and courage, it is legal and reasonable to determine whether Guang Youzhi caused Wang Qiang's serious injury.
This is the most crucial point in this trial.
Qin Yong had never dealt with such a case before.
But judging by previous cases.
Most of the cases....
If the act of righteousness and courage causes the perpetrator at the time, serious injury or death.
Righteous and courageous parties will be judged to have committed intentional injury, but in terms of sentencing, a discretionary judgment will be made.
It's just that in this trial, Su Bai did a not-guilty defense.
Qin Yong was curious about the angle from which the defendant's lawyer would make a not-guilty verdict.
The gavel sounded.
Qin Yong spoke: "Aimed at the defendant's party's ambitious behavior. ”
"The court ruled that the act of being ambitious is an act of righteousness and courage."
"Are there any other objections from the parties?"
When Wang Qiang heard the verdict of the presiding judge, he turned his head to look at his entrusted lawyer Zhang Shuo.
"Lawyer Zhang.... Will the presiding judge's decision affect the final verdict of the trial? ”
Zhang Shuo nodded: "If you take into account the act of righteousness and bravery, it will affect the final verdict of the trial, and the sentence may be reduced or commuted." ”
"Commutation of sentence?"
Wang Qiang's face changed slightly, it will definitely not work to reduce the sentence!
"Lawyer Zhang.... Didn't you tell me before that you could not let the other party judge that you would be righteous and courageous? ”
Zhang Shuo nodded slightly: "It is possible to prevent the other party from being judged to be righteous and courageous, but the premise is that the woman you pulled at the beginning has a special relationship with you, for example, the two of you know each other." ”
"I think I told you about this in advance...."
"What's more important is that the law enforcement side has already filed a case for certification, unless the woman is asked to change her confession, otherwise there is no chance..."
"The righteous and courageous deeds identified in this trial cannot be changed."
"Don't think about it anymore."
Zhang Shuo's last sentence can be regarded as destroying Wang Qiang's thoughts.
Wang Qiang nodded silently and didn't say anything more.
There was no objection from either side.
On the bench, presiding judge Qin Yong once again made a brief summary.
There are two key points in this trial.
First: Is there a specific relationship between the righteous and courageous behavior of the broad aspiration and the harm to Wang Qiang?
Second, whether the act of righteousness and courage and the intentional injury should be held separately and separately.
Only the key elements of these two points need to be defended to complete.
Then, this trial can roughly determine whether Guang Youzhi is guilty or not.
Thinking of this, Qin Yong, as the presiding judge, spoke: "It has now been determined that Guang Youzhi's behavior at that time was an act of righteousness and courage. ”
"The prosecution determined that Guang Youzhi caused serious injuries to Wang Qiang in this case in the course of his righteous and courageous acts, which is an intentional injury."
"And stated the subjective intent of Guang Zhi to intentionally harm."
"Can the prosecution explain this in detail?"
"Yes, presiding judge."
Tang Liang nodded and continued to speak: "The presiding judge's judgment that Guang Youzhi is an act of righteousness and courage, and I have no objection to this. ”
"But."
"The act of being willing to help others is an act of righteousness and courage, and in civil terms, its nature is that there is an unlawful infringer and it is a risky act of management without cause."
"From a criminal point of view, Guang Youzhi's righteous and courageous acts in this process do not constitute legitimate defense and emergency evasion."
"Therefore, his intentional injury was established and did not disappear because of his act of righteousness and courage."
"Although I understand very well in this regard, why Guang Youzhi was prosecuted even though he had clearly committed acts of righteousness and courage.... It doesn't match the situation. ”
"But love and law should be separated, Guang Youzhi's behavior of causing serious injury to Wang Qiang is the result, from this point of view, Guang Youzhi has intentional injury, and caused the result of Wang Qiang's serious injury."
"It's an established fact."
"It doesn't mean that just because he acted bravely, he was judged to have done intentional harm."
"If he is not judged to have intentionally injured because of his righteous and courageous behavior, this is blasphemy against the law, and it is also a disrespect for the law because of affection!"
"Based on this, the prosecution insisted that Guang Youzhi's actions were intentional harm."
After finishing his statement, Tang Liang looked up at the presiding judge's seat and the defendant's seat.
His statement is very simple.
Plainly.
It means that he also agrees that he is ambitious and courageous.
But what about acting bravely?
Righteousness and courage are righteous and courageous, and intentional injury is intentional injury, and the two should be separated.
It is not difficult to see from Tang Liang's statement that his point of view is that he acts bravely and cannot pay for intentional harm.
Other words.... Your act of righteousness and courage has caused harm to the perpetrator, and the harm is substantial.
With this substantial result, then you are equivalent to saying that the crime is intentional,
In this regard, it also elaborated on the situation and law.
Gee....
Su Bai glanced up at Tang Liang slightly after hearing Tang Liang's statement.
Is Tang Liang right?
Right!
But in this case, he disagreed.
So he retorted: "I want to ask the prosecution, how can you determine that there is a separation between an act of righteousness and courage and intentional injury?" ”
"Acts of righteousness and courage with a wide range of aspirations.... From the point of view from the very beginning. ”
"What is it?"
"It's against Wang Qiang's illegal infringement!"
"There's nothing wrong with that, is there?"
Tang Liang: "There is no problem. ”
"So while blocking Wang Qiang's illegal infringement, did Wang Qiang fight back?"
"Yes."
"After Wang Qiang counterattacked, what did the two people form?"
"Did the two of them form a situation where they were doing each other?"
"In this process, we always discuss what the subjective behavior of our party is at that time."
"What are the facts presented by the prosecution? The facts presented by the prosecution are our civil issues. ”
"However, in this case, the criminal aspect should be stated, so it should be discussed from the subjective purpose from the beginning."
"Our subjectivity at the beginning was that blocking Wang Qiang's illegal infringement was an act of righteousness and courage, but Wang Qiang resisted later."
"Wang Qiang's act of resistance was interrupted because his illegal infringement was not carried out, and he was blocked by our party, so he was angry and angry."
"This attack is clearly a deliberate attack on our client."
"In the process, we fought back, causing serious injuries to the other party."
"Let it lose the ability to illegally infringe."
"That's what we're trying to say."
"Again, we are not acting intentionally, we are only blocking the other party's illegal infringement in the act of righteousness and courage."
"Presiding Judge, we've finished our statement."
Su Bai's stated views are contrary to Tang Liang's stated views.
Tang Liang believes that there is no relationship between the two.
However, Su Bai determined that there was a corresponding relationship between the two by stating the process.
In other words, Guang Youzhi's conduct at that time did not constitute an act of intentional harm.
Tang Liang's stated view is that the behavior of Guangzhi is affectionate, but it is not supported by law.
Su Bai: ???
You look at my point above, sentient but not supported by law.?
The views I have stated are supported by reason and are supported by law.
Children make choices, I want both!
PS: Ask for a monthly pass~
(End of chapter)