Chapter 248: Fierce Plea, Confrontation with Each Other!

Su Bai's statement is in Qin Yong's summary.

It is equivalent to whether there is a specific connection between the righteous and courageous behavior of Guang Youzhi and the harm to Wang Qiang.

The two are linked.

Since the prosecution stated.

Acts of ambition belong to acts of righteousness and courage, but acts of righteousness and courage cannot eliminate the intentional harm caused to Wang Qiang.

Then Su Bai's plea needs to start from this point and make a plea against this point.

Plainly.

In the prosecution's statement.

The reason for the determination of Guang Youzhi's guilt was that it was unjustified defense and emergency avoidance, and based on this, the injuries caused to Wang Qiang were all intentional injuries.

So is Guang Youzhi a legitimate defense and emergency avoidance?

Not really.

No, it's definitely guilty.

That's the logic of the prosecution.

Is the logic right?

Is it right or not?

Generally speaking, the offence imposed is different depending on the angle from which the criminal offence is approached.

It's like this case with wide aspirations.

How to say it....

During the cross-examination just now, it was already shown that Guang Youzhi gave him a punch when he pulled Wang Qiang away.

This punch did not cause Wang Qiang's serious injuries, but a later attack caused Wang Qiang's serious injuries.

If you think about it from the above perspective, why is there a later attack?

So what was the reason for the second widespread attack?

Of course, it was Wang Qiang who attacked him, so Guang Youzhi fought back.

According to this point of view, if Wang Qiang's attack on Guang Youzhi is counted, then is Guang Youzhi a legitimate defense?

It can be called justified defense.

Because Guang Youzhi was not continuous at the beginning, he attacked Wang Qiang, causing Wang Qiang's serious injury.

If it is a serious injury caused in a subsequent attack, then it can be said that it is judged from the subsequent attack.

It is judged to be a mutual assault or other circumstances.

Is it possible to determine justifiable self-defense?

There is a certain probability!

However, the difficulty now is that the attack is carried out by the broad ambition in the first place.

But there is a reason for the attack that was carried out in the first place.

It was out of righteousness and courage that the attack measures taken against Wang Qiang were taken.

In response to this .... There are a variety of factors that need to be taken into account.

Whether it is judged from the subjective intent of Guang Youzhi's first attack, or whether Wang Qiang's subjective and intentional judgment of Guang Youzhi's counterattack.

If the former is judged, then Guang Youzhi will definitely suffer a sentence of imprisonment.

It was judged that the latter was the case, and Guang Youzhi was not guilty.

This is also the key point for Su Bai and the prosecution to conduct their plea.

Merely....

The specific judgment needs to be based on the subjective inclination of the presiding judge.

.

….

On the court court.

In response to Su Bai's defense, Qin Yong, who was on the trial table, glanced at the litigation materials, and then looked at the prosecution's seat.

"Please, the prosecution will begin its case."

When Tang Liang was making a statement to Su Bai, he understood the content of Su Bai's statement.

Plainly....

In his view, the other party's plea was entirely aimed at evading criminal responsibility and punishment.

Tang Liang slowly asked: "I want to ask the defendant and the lawyer" entrusted by the defendant. ”

"Isn't the statement of the defendant's lawyer tantamount to putting the facts aside?"

"Did the defendant do it first?"

"The defendant first deliberately attacked Wang Qiang, and according to the statement of the defendant's client, it has now become a question for the accusing party?"

"I believe that this statement by the lawyer appointed by the defense is unreasonable and does not comply with the relevant provisions of the Criminal Procedure Law."

"Let's not talk about what the accuser's behavior is....from the perspective of Wang Qiang, the accuser."

"Did the defendant attack Wang Qiang at the beginning?"

"Please, the defense answers."

Su Bai spoke: "Yes." ”

"Since it was Guang Youzhi who attacked Wang Qiang first, why can't it be regarded as an intentional act?"

"Although his subjective intention at the beginning was to help others, why couldn't he choose other ways to help, and had to use force to help?"

"He can completely remind him, and then use the method of stopping to stop it, and act bravely to avoid follow-up situations."

"But why not do it this way?"

"In view of this, it can be seen as his subjective intentionality."

"Does the defendant have any objection to this?"

Su Bai: "??? ”

Q: Do I have any objections?

There must be objections!

said that their side is putting aside the facts, he thinks that the prosecution is the real one who puts aside the facts!

Su Bai opened his mouth to retort: "I don't agree with the prosecution's statement and opinion. ”

"First of all, the presiding judge has just judged that Guang Youzhi's behavior is righteous and courageous."

"There are indeed many ways to act bravely, but did the prosecution take into account the scene at that time?"

"The scene was a young man who had just graduated and saw a man pulling a woman who didn't look very old."

"According to the investigation of the law enforcement side, the woman who was pulled by Wang Qiang at that time was just about 20 years old and a college student."

"In such a situation, it is normal for Guang Youzhi to have a strong sense of justice."

"And the situation at that time was that Wang Qiang was pulling strongly against the woman's wishes...."

"According to the confession transcript and other evidence of the law enforcement side at the time, Guang Youzhi asked about the situation of the woman at the time, and loudly reprimanded Wang Qiang, but Wang Qiang was indifferent and carried out the attack under such circumstances."

"It's not what the prosecution said, Guang Youzhi didn't make other stops...."

"In response to this, I would like to ask the prosecution, haven't you looked at the relevant evidence?"

"According to the prosecution, we are putting aside the facts, but isn't the prosecution putting aside the facts?"

"Didn't the prosecution notice the evidence on the law enforcement side?"

"If so, then why would such an important premise causality be overlooked?"

"Or did the prosecution deliberately ignore this?"

Facing Su Bai's questioning, Tang Liang frowned slightly.

He is not ignoring such an important causal relationship.

Rather, it is deliberately aimed at this.

Hurting others is an established fact, and there is a subjective manifestation of active action, even if there is a causal relationship, does it not constitute the crime of intentional injury?

He has already filed a public prosecution, could it be said that it is wrong to slap himself in the face at this time?

It's simply impossible!

He understood what Su Bai meant, and he also understood the reason why Su Bai said.

From Su Bai's point of view, there is indeed a certain amount of truth, but from his point of view, he also has a certain amount of truth.

Overall....

It is impossible to admit mistakes.

"I've learned about the evidence provided by law enforcement."

"But what we're talking about now is whether or not you have committed intentional crimes."

"The courage to see righteousness and courage is based on his righteous heart, which I have never denied."

"But the heart of justice is the heart of justice.... The facts of the crime are the facts of the crime. ”

"According to the defense lawyer, at the beginning, Guang Youzhi carried out acts of righteousness and courage, but because of Wang Qiang's actions, it led to Guang Youzhi's counterattack, which constituted legitimate defense."

"Right?"

"That's right."

Su Bai nodded.

Tang Liang continued to state: "In this whole process, Guang Youzhi started to carry out his righteous and courageous behavior, isn't it an intentional injury to Wang Qiang? ”

"I would like to ask the defense lawyer to answer that question."

Su Bai: "No. ”

"Guang Youzhi's initial act of righteousness and courage was to stop Wang Qiang's continued abuse of that woman."

"But why did he stop it?" Tang Liang asked rhetorically.

"We have made it very clear just now, the reason why Guang Youzhi wanted to stop it was because he scolded him at the beginning, but Wang Qiang didn't listen at all, so he did it."

"But this punch did not cause much damage to Wang Qiang, but after Wang Qiang counterattacked, he was defensive, and Wang Qiang was seriously injured!"

"I would like to ask the prosecution not to leave the facts aside, based on the causal link relied upon in the criminal proceedings."

"It refers to the causal relationship between a certain person's socially harmful behavior and the harmful result."

"In the initial stage, it was because Wang Qiang harassed other women."

"This is the main cause of this case."

"Our client stepped forward to stop it, and it was verbally blocked in advance, but it didn't have any effect, and then it was blocked by action."

"So I don't agree with the prosecution's statement, in my opinion, our client should not be held criminally responsible at all."

"Based on the above.... We apply to dismiss the prosecution's submissions. ”

When Tang Liang heard Su Bai's statement, he refuted on the spot: "The prosecution also applied to refute the defendant's statement. ”

"The harm caused is an established fact and is subjective and intentional in the act."

"Why can't intentional injury be determined?"

"If you insist on speaking subjectively, Wang Qiang is being attacked by Guang Youzhi, can it be regarded as legitimate defense!"

"Because Wang Qiang's harassment of women is Wang Qiang's business, it is widely ambivalent to block it."

"There is nothing wrong with acting bravely, but Guang Youzhi used the wrong method, and from this point of view, Guang Youzhi is guilty."

Su Bai retorted: "Then according to the prosecution, shouldn't Guang Youzhi be brave and brave?" ”

"Is it his fault for doing righteous deeds?"

"The reason why he is sitting in the defendant's seat today is because of his righteous and courageous behavior!"

"According to the prosecution's plea theory, the cause of everything is only because of the broad ambition to act bravely."

"Then can we conclude that this matter is due to Guang Youzhi's own problems?"

"Could he have avoided this without acting bravely?"

"Please be able to answer this question from us positively."

In the face of Su Bai's inquiry, Tang Liang took a deep breath.

How did he answer this question?

From Su Bai's point of view, the initial cause was indeed because of his ambitious and courageous behavior.

His plea is to put aside the actions of a wide range of ambitions and courage, and to accuse them from the perspective of criminal law.

If he answers, he thinks that the case is the result of a wide range of ambitions and courageous actions.

So what are the consequences?

The consequence is to tell the public that they need to bear the corresponding criminal responsibility for their righteous and courageous actions.

How to answer?!

I can't answer it at all!

This question can be regarded as making Tang Liang fall into a dilemma.

PS: Ask for a monthly pass~

(End of chapter)