On the prosecution's seat, Tang Liang's eyes fell on the defendant's seat.

I didn't know how to refute it for a while.

Su Bai also set his eyes on the prosecutor's seat and didn't say a word.

After Tang Liang was silent for nearly a minute.

Su Bai knew that Tang Liang could not and would never answer this question, so he set his eyes on the presiding judge's seat.

"Presiding Judge, I haven't finished my statement yet, I don't know if I can continue to add content?"

Qin Yong spoke: "You can continue to state." ”

"Okay."

Su Bai nodded and continued to speak: "My next statement is based on the prosecution's statement. ”

"The prosecution stated that Wang Qiang can also be regarded as a legitimate act of defense."

"So I want to ask the prosecution, the prosecution, do you know what is necessary for justifiable defense?"

"One of the necessary conditions in justifiable defense is that it is at the point in time when it is being unlawfully infringed, and not that it is an act of attack that is expected to be infringed upon or after being violated, and that these acts after being anticipated and violated cannot be called justified defense."

"In the whole process of the incident, was Wang Qiang committing illegal infringement or being illegally infringed?"

"According to the prosecution."

"Wang Qiang relied on his identity and status, bullied the weak, was stopped by others, and was illegally violated, so he carried out legitimate defense, right?"

"There is a limit to justifiable defense, not unlimited, I don't understand what the prosecution's statement is about Wang Qiang's justifiable defense, but I would like to ask if the prosecution can explain the above questions?"

"I want to hear in detail how the prosecution determined that Wang Qiang was justified in self-defense."

In terms of the division of criminal responsibility.

Whether or not Guang Youzhi's act is intentional injury and justifiable defense needs to be seen from the first point of his conduct.

What was the nature of his first attack on Wang Qiang?

Righteous or deliberate?

That's the real number one thing.

According to what Tang Liang said, if it is judged that Guang Youzhi is justified defense at the first time, then whether Wang Qiang is also justified defense.

What kind of bullshit logic is this?

Is Wang Qiang justified in self-defense?

Of course not!

From this, it can be seen that the prosecution is full of nonsense!

Why?!

From the interpretation of justifiable defence, it is clear that the specific situation is present.

In the legal interpretation of justifiable defense, there is a time limit.

That is, it is necessary to strike back at the time of unlawful infringement in order to be a legitimate act of defense.

If, according to the prosecution's statement, Wang Qiang acted in self-defense, then was Wang Qiang retaliating when he was unlawfully infringed?

Judging by the events in general, of course not!

At that time, Wang Qiang was the person who was committing the unlawful infringement, not the party who was unlawfully infringed.

There is a fundamental difference between the two.

Based on this point of view, then Wang Qiang cannot be a defensive act!

Again.

If, as the prosecution has stated, the interpretation of justifiable defense is set aside.

If you really put aside the facts, Wang Qiang is indeed a legitimate defense.

Su Bai's questioning was also based on this point.

He didn't know why the prosecutor would make such a claim, but it was a loophole.

The prosecutor did not have a clear understanding of legitimate defense, and also raised the point that Wang Qiang was justified defense.

Isn't that pure and funny?

Examples are not given in accordance with the restrictions on justifiable defense, and the view that Wang Qiang is justified defense is enumerated.

It's either a dish or it's bad!

.

….

Meanwhile.

This trial is a live trial for a public trial, and Su Bai has already asked Li Xuezhen to warm up.

The number of people concerned about this open trial was already large, and after hearing Su Bai's series of rhetorical questions, some people immediately raised questions against the prosecution.

"That's right! What did Wang Qiang say about legitimate defense, what's the matter? The wicked sue first, right? ”

"It's really pure and speechless, I really don't understand this kind of behavior, I feel that the prosecutor is a little anxious to ask, and I don't know what I'm thinking in my head for a while, so I blurted out!"

"That's right! If Lawyer Su hadn't brought it up, I hadn't thought of this, but now that it's been raised, what does the other party say? ”

"Lawyer Su's questioning must be acquitted! You have to be sentenced for righteous and courageous deeds, right? The other party is also justified in defense, justified in defenseTM! ”

.

….

The comments during the live trial were intense.

It's all about the dissatisfaction with the prosecutor's words and deeds.

After Tang Liang heard Su Bai's question, he was a little stunned.

He just wanted to argue, and accidentally said it, this kind of thing was completely thoughtless....

Now it has led to such a big problem of being caught by Su Bai.

As a prosecutor, there is no problem in testifying against the defendant, but the wrong legal provisions and legal interpretations have been used....

How should he explain this?

can only continue to remain silent, silently bow his head, and look at the litigation materials without saying a word.

He didn't know how to answer, and he couldn't.

In the presiding judge's seat, Qin Yong frowned after hearing Su Bai's two questions.

What Tang Liang stated just now is indeed problematic, saying that Wang Qiang is justified in defense, but there are restrictions on legitimate defense!

As a prosecutor, isn't it clear at all?

Qin Yong couldn't help but glance up at the prosecutor's seat, and felt a trace of dissatisfaction in his heart.

He asked, "Does the prosecutor know the restrictions on justifiable defense?" ”

Faced with the presiding judge's question, Tang Liang had to answer: "I know." ”

"Hmmm! Since the prosecutor is aware of the limitations of justifiable defense, the prosecutor's statement is rejected. ”

"Prosecutor, do you have any opinions?"

Tang Liang also knew very well in his heart that he had made a big mistake just now.

The prosecutor was unclear about the interpretation of the legal provisions during the live public trial, and was questioned by the opposing defense lawyer.

This is a serious dereliction of duty in the court courtroom.

The presiding judge rejected his statement without any problems.

Tang Liang lowered his head and spoke: "Presiding Judge, I don't have any opinions. ”

"Hmm!"

Qin Yong nodded, just have no opinion.

If you have any opinions, state them in court:

A slight rebuttal by the defense reveals the prosecutor's level of law.

This is a proper slap in the face of the prosecutor.

Qin Yong subconsciously glanced at Tang Liang, and thought silently in his heart: "The level of this prosecutor is a bit low...."

"Even if it's to clear yourself of responsibility, you can't talk nonsense in the courtroom..."

It's fine if the event influence is low, but if the event influence is high.

In retrospect, the trial was a serious stain on both the adjudicators and the prosecutors.

It is not impossible that it will be labeled with other labels and nailed to the pillar of shame of the legal profession.

Qin Yong took a deep breath, didn't bother with the prosecutor anymore, rang the gavel, and glanced at the accuser's seat:

"Is there anything else the prosecution would like to add?"

Wang Qiang heard the presiding judge's question, and kept hinting at Zhang Shuo.

Say it quickly, answer it quickly....

Zhang Shuo noticed Wang Qiang, but he didn't pay attention to it and took a deep breath:

"Presiding Judge, we do not agree with the defense of the defense's statement."

Qin Yong spoke: "Carefully state your reasons. ”

"But remember!"

"Statements need to have a factual and legal basis, and cannot be divorced from facts and legal provisions."

With Tang Liang's performance just now, Qin Yong specially reminded him.

"Okay presiding judge."

Zhang Shuo glanced at the litigation materials and continued to speak:

"Our reason is very simple, that is, in this case, according to the conditions of legitimate defense, we did not commit unlawful infringement against Guang Youzhi."

"Justifiable defence arises in the process of committing an unlawful offense."

"Since our side has not unlawfully infringed on Guangyouzhi, then Guangyouzhi has no justifiable defense."

"Similarly, throughout the course of the case, Guang Youzhi did not have the conditions for emergency evacuation."

"To sum up.... Broad ambition does not belong to legitimate defense and emergency avoidance. ”

"Therefore, we need to bear due legal responsibility for the serious injuries caused by our party."

"The presiding judge, above is our opinion."

The hammer sounded.

From this point, it is clear that the level of the prosecution's lawyer is retained. Higher than the prosecutor.

Zhang Shuo's defense ideas are relatively more accurate.

Why?

Because it has been clearly made clear from the statement just now that there can only be two points of innocence, justifiable defense and emergency avoidance.

From the point of view of legitimate defense, it must be in the process of committing the unlawful offense.

Zhang Shuo's statement just now is from here, which means that Wang Qiang did not commit illegal infringement on Guang Youzhi.

Based on this condition, Guang Youzhi cannot be called legitimate defense and emergency avoidance.

Qin Yong spoke again: "In response to the prosecution's defense, does the defense have anything to state?" ”

Su Bai: "We maintain our view and believe that Guang Youzhi is not guilty. ”

"The reason for the determination is that the harm we caused to Wang Qiang at the beginning was to prevent Wang Qiang from committing unlawful infringement on others, and it was not intentional harm."

"The reason why we continued to attack Wang Qiang in the follow-up was because after stopping Wang Qiang, we counterattacked and defended Wang Qiang's attack."

"That's our opinion."

In response to Su Bai's statement, Tang Liang originally wanted to continue to make a statement to refute it.

Because he had just made a very serious mistake, he wanted to continue to behave in court and make amends for his mistake.

I raise my hand.

However, it was directly ignored by Qin Yong, or deliberately ignored the past.

Just now, you don't pay attention to legal interpretation, and you directly export it there.

Still want to go on?

Not at all necessary.

This is Qin Yong's opinion of Tang Liang, if Tang Liang continues to state, maybe there will be some kind of moth.

He also knew in his heart that if the prosecution made an accusation, if the defense was not guilty, then the prosecution needed to bear a certain responsibility, which was not too great.

Just now, Tang Liang made a statement that had no legal basis.

This liability is greater than the burden of losing the case.

This trial has reached a certain stage, and Tang Liang has no need to continue his statement.

In case he wants to come out is a play ....

Let's not talk about the rest.... Just to say, the definition of justifiable defense.

There is also that sentence, Wang Qiang is also equivalent to legitimate defense.

If it spreads, then Tang Liang will definitely be transferred.

Seeing that Qin Yong completely ignored himself, Tang Liang didn't know what to think, and was still signaling to raise his hand.

Faced with this situation....

Qin Yong spoke directly: "There is nothing that the prosecution needs to continue to add." ”

"The prosecution needs to speak at the direction of the presiding judge."

"No need to go on."

Hearing the presiding judge's direct answer, Tang Liang stopped signaling.

It's just that.... The expression on his face seemed to be a little worried,

I don't know if I'm worried that I can't show and save, or if I'm worried about the presiding judge's attitude towards him.

Immediately afterwards, Qin Yong rang the gavel: "Now enter the adjournment." ”

"After the court is over, the trial will continue."

As he spoke, he and the other two members of the collegial panel left the judgment table.

.

….

The scene of the trial.

Recess.

Su Bai exhaled lightly, this time the trial entered an adjournment, which was a good thing for their side.

Because if the presiding judge had judged in his heart that Guang Youzhi had committed intentional injury, then the trial would not have been adjourned.

This adjournment is probably a certain discussion of these.

It's just that he knows in his heart that according to the current debate, it is not enough for the presiding judge to find Guang Youzhi innocent.

Meanwhile....

Whether it is the prosecution seat or the prosecution seat, the face is not too good-looking.

Mainly because of....

The presiding judge's decision to adjourn the trial was obviously different from what they thought, and what they wanted was a wide range of ambitions and guilt.

It is clear, however, that the adjournment was a discussion of whether Guang Youzhi was guilty or not.

If the discussion comes out and finds Guang Youzhi not guilty, then it will not be a good outcome for both of them.

Especially for Tang Liang, he himself made a big mistake in the courtroom.

If Guang Youzhi is found not guilty, then it is very likely that he will be considered to have deliberately targeted Guang Youzhi.

Although it is said that he is innocent, the broad masses of public opinion will not believe it, and if there is such a major mistake, he will definitely be transferred. Public Prosecutor, Public Prosecutor.

Maybe you'll be on the cold bench in the future.

Based on this, he wanted Guang Youzhi to be found guilty even more.

The other side.

Accusing Parties.

"Lawyer Zhang.... This case has progressed so far, how sure are we still? ”

"I'm going to get him in there!"

"Don't fail to get in!"

"I can add a little more to the lawyer's fee, but people have to send it in."

Zhang Shuo: .....

Plus lawyer's fees are really good.

But he is sure of this matter, and he really can't say for sure.

After all.... The gavel is not in his hand, but in the hand of the presiding judge.

But judging by the current situation.... The presiding judge's preference is uncertain.

I don't know how the presiding judge judged the matter of righteousness and bravery, so I couldn't make a corresponding judgment.

Let's be honest ....

There had never been a not-guilty verdict in such a case before, and he did not think that the collegial panel would find a verdict of acquittal in this case.

It's just that....

How to say it, in the court trial, Su Bai's entry point really did not have any problems.

Nor can he guarantee that what he thinks is right.

"Look again, I'm not the presiding judge, and I don't know what the indicators think."

In the face of Zhang Shuo's words.... Wang Qiang wanted to say something, but he stopped talking, and finally held it back, just nodded and spit out a word.

"Hmm...."

.

….

Discussion room of the collegial panel.

Qin Yong looked at the other two judges, Li Xiu and Wen Baojun.

"Do you have any views on this trial?"

"What do you two think of the widespread act of intentional harm, the act of righteousness and courage, and the justifiable act of defense stated by the defendant?"

The intentional injury of Guang Youzhi was described in the defense just now.

The prosecution, the prosecution and the defense have all been very clear and have been presented from all angles.

Li Xiu, as a criminal judge, spoke:

"I don't know what you think, presiding judge, I'm just going to talk about my own personal opinion."

"In accordance with the previous judgment regulations .... There has not been a verdict of acquittal of those who acted bravely.... However, among the acts of righteousness and courage that I know of, these cases are not quite the same as those of the widely aspiring acts of righteousness and courage. ”

"Tell me." Qin Yong nodded and motioned for Li Xiu to continue.

Li Xiu continued to speak: "The previous case was based on the fact that there was no early blocking behavior, and there was no indirect attack in the middle. ”

"The absence of an indirect attack means that when Guang Youzhi was carrying out an illegal act to stop Wang Qiang, he only attacked Wang Qiang point to point at the first time, rather than an intense attack."

"From this point of view, Guang Youzhi's behavior may not be an intentional act, and it is a bit reluctant to determine that it is an intentional injury...."

"My opinions and opinions are judged from subsequent actions."

"That is, .... The situation in the previous case is not the same as the situation in the case of Guang Youzhi. ”

"The main thing that's different is here."

"But I think we should be conservative in our sentences, and we can learn from previous cases and give a lighter sentence in terms of sentences."

After listening to Li Xiu's statement, Qin Yong nodded slightly, and then turned his gaze to Wen Baojun.

"What do you think of this case?"

"Me?" Wen Baojun opened his mouth suspiciously, was silent for a few seconds, flipped through the litigation materials, and then continued to speak:

"I don't have any other opinions, but I think it is still necessary to follow the legal basis, but I think that if we say that Guang Youzhi is not guilty, it is not impossible, but it is necessary to find out the legal basis."

"Just like what the prosecution said, Guang Youzhi's harmful behavior did cause serious injuries to Wang Qiang, and the key is whether it can be regarded as Guang Youzhi's legitimate defense."

"Or can it be seen as an act of widespread ambition to prevent the occurrence of unlawful infringements?"

"If it can be found to be established, then Guang Youzhi can be regarded as not guilty, but if the verdict is not established, then Guang Youzhi is guilty."

"It's all according to the law."

"Hmm!"

"I see!"

Qin Yong nodded slightly, obviously listening to Wen Baojun's words.

The case ....

It is very typical, and maybe it can be shortlisted as a typical case in the province.

Regarding how to decide, Qin Yong has a tendency in his heart, but he has not yet decided.

"Let's listen to the plea from other angles!"

Qin Yong meditated in his heart.

PS: Ask for a monthly pass~

(End of chapter)