Other angles are nothing more than the points that Li Xiu and Wen Baojun said.

In fact, Qin Yong agreed with Wen Baojun's several points.

The most critical decision in this case is that-

Whether the act of a broad will can be regarded as justifiable defense or a deterrence of unlawful infringement.

These two decision points are the most important.

From the point of view of the concept of justifiable defense.... How to say it.

Guang Youzhi's behavior is still a little too reluctant.

However, since the defense has entrusted a lawyer to make a not guilty defense.

He would like to hear if the lawyer entrusted by the defense can come up with other views.

In other words, can we come up with accurate and intuitive legal principles?

.

….

Soon, the trial began again.

In the presiding judge's seat, Qin Yong already had a definite idea in his heart after discussing the case with Li Xiu and Wen Baojun just now.

The gavel sounded.

"The adjournment has ended, and the trial of the case continues."

In Qin Yong's voice, all parties set their eyes on the presiding judge's seat.

Immediately afterwards, Qin Yong continued to speak:

"Can the lawyer appointed by the defense state your view of the not-guilty plea? Let's describe it in detail. ”

This was the second time Qin Yong asked.

Su Bai also understood the meaning, to put it simply.

That is, the presiding judge is inclined to rule that Guang Youzhi is not guilty, so it must be confirmed again.

Facing the presiding judge's inquiry, Su Bai had a rough judgment in his heart and said:

"Okay, Presiding Judge."

"Presiding Judge...."

"Our view of the not-guilty plea is the same as the statement just made."

"When Guang Youzhi first shot at Wang Qiang, it was to prevent Wang Qiang's illegal infringement, because Wang Qiang was in the process of illegal infringement at that time."

"After stopping Wang Qiang's illegal infringement, Wang Qiang's attitude at that time was very angry, so he attacked Guang Youzhi."

"We believe that at this point, we need to focus on analysis, and there are the following points:"

"First: When Guang Youzhi made his first attack on Wang Qiang, did he stop Wang Qiang's illegal infringement?"

"Yes!"

"Because the presiding judge has already judged just now, it has been judged that Guang Youzhi's behavior is a righteous and courageous act."

"Then it is to stop Wang Qiang's illegal infringement."

"From this point of view, Guang Youzhi's first attack on Wang Qiang is not an illegal and criminal act, because he did not intentionally hurt Wang Qiang, but to block Wang Qiang's illegal infringement."

"The second point, after Guang Youzhi stopped Wang Qiang, what kind of attack was Wang Qiang's attack?"

"It is a kind of anger after committing an unlawful infringement but not getting the results you want, and it transforms into another kind of illegal infringement, that is, an attack on Guangzhi."

"The legitimate defense expressed by our side is that Wang Qiang is committing unlawful infringement and has not obtained the results he wants, so he continues to unlawfully infringe on those who prevent him from committing unlawful infringement."

"From this point of view, the continued counterattack with broad ambition is a legitimate act of self-defense."

"The presiding judge, the above is our stated opinion."

This time, Su Bai stated it very clearly, and threw out all the key points.

Because he knew that this time the presiding judge was not asking him, but adding a weight to his own tendencies.

Su Bai's statement is explained from the perspective of jurisprudence, which is very reasonable, and it is completely possible to judge Guang Youzhi's innocence through this aspect.

This statement puts it bluntly....

It is to describe the statement just now more clearly, and to include Wang Qiang's psychological state.

After the description is clear, the presiding judge can better understand the scene at that time.

.

…

After hearing Su Bai's statement, Tang Liang in the prosecutor's seat instantly couldn't sit still.

Without waiting for the presiding judge to speak, he retorted:

"Then can I ask the defense lawyer."

"In your statement, you believe that the act of ambition is the first act of righteousness and courage to prevent the occurrence of unlawful infringement."

"But..."

"What I want to ask is, so when Wang Qiang attacked Guang Youzhi in turn, did the illegal infringement of the woman at that time have ended?"

Su Bai: "Yes. ”

Tang Liang continued to speak: "Well, according to what you said, Wang Qiang stopped the illegal infringement of that woman, and turned to the illegal infringement of Guang Youzhi. ”

"But in terms of size and strength, Wang Qiang is 1.7 meters tall and weighs 120, and his attack does not pose any threat to Guang Youzhi at all."

"So Guang Youzhi was able to stop Wang Qiang's illegal infringement on him at the beginning, but why did he have to make a heavy hand to seriously injure Wang Qiang?"

"Isn't this something like two people fighting each other?"

"Seeing that it was a mutual assault between the two, then Guang Youzhi's injury to Wang Qiang was to cause serious injury, which also reached the level of criminal behavior."

Su Bai: ???

According to this, there is really nothing wrong with it, but....

Prosecutor, have you forgotten what crime you are prosecuting for?

Do you remember what was written on the indictment?

The indictment states that Guang Youzhi committed the crime of intentional injury by causing serious injury to Wang Qiang.

Do you have a fight now, is the assault the same as intentional injury?

The essence of both is not the same!

"I want to remind the prosecutor once again, please pay attention to your words."

"The mutual assault as stated by the public prosecutor has not been certified by the law enforcement agency, and the chain of evidence expounded by the public prosecutor is based on the definition of the crime of intentional injury, not on the basis of the mutual assault."

"If the prosecutor wants to file a public prosecution on the grounds that we and Wang Qiang beat each other and caused Wang Qiang serious injuries, then the prosecutor is also requested to withdraw the prosecution."

"Then file a case."

After Su Bai finished speaking, on the judgment seat, Qin Yong's brows furrowed.

What is this prosecutor trying to do?

No, he's sick, right?

The trial discussed whether the injuries caused by Guang Youzhi to Wang Qiang were intentional injuries causing serious injuries.

Now the prosecutor suddenly brought up the mutual assault!

If you want to bring up a mutual assault in the courtroom, you can.

However, it is up to the prosecution or the defence to make such an argument and decide whether or not to adopt it by the court and ask the prosecution to supplement its evidence.

But the prosecution came up with this claim....

？？？

If the prosecution puts forward this statement, isn't that a slap in the face?

It's still the kind that is pumped hard!

The charge of intentional wounding causing serious bodily injury was brought by the Public Prosecutor.

You now say that you beat each other, do you have evidence of relevance?

Good!

Even if it is, the above evidence can be regarded as evidence of mutual assault.

But have you forgotten what is written in the complaint?

Don't you, as a prosecutor, even understand this?

Don't you understand that the charges are all based on the statements in the indictment?

Qin Yong glanced at the prosecutor's seat and dropped the gavel heavily:

"The prosecutor has not yet spoken at the trial."

"Dismissal of the prosecutor's statement."

"At the same time, a warning to the prosecutor!"

"There will be a next time, directly expelled from the trial!"

"The prosecutor must not continue to speak, and there must be no objections!"

Qin Yong's warning to prosecutor Tang Liang can be said to be particularly heavy.

After all....

If Tang Liang continues to speak, then the consequences can be imagined.

Nor did anyone else expect the presiding judge to issue such a stern warning to the prosecutor.

After all, in a normal trial....

The presiding judge prefers the evidence and evidence provided by the prosecutor.

But this trial....

But this is also normal, look at the basis presented by the prosecutor in court.

The basis put forward by the court is completely contrary to the original intention of the prosecution.

It's no wonder that the presiding judge was so angry and warned Tang Liang so harshly.

Tang Liang, who had been warned, frowned, looked at the presiding judge's seat, and wanted to say something, but was suffocated by Qin Yong's eyes.

For Qin Yong, it is better for Tang Liang to open his mouth to make a statement.

Immediately afterwards, after Qin Yong finished warning Tang Liang, he looked at the accuser.

"Is there anything else the prosecution needs to say?"

Zhang Shuo: .....

Now that everything needs to be said is done, what else needs to be added by now?

Not anymore!

"Presiding Judge, we don't have anything to add."

Knock knock!

The magic hammer sounded, and Qin Yong continued to speak:

"Since there is nothing for the parties to continue to add, then the court case is now made."

"Ask the accuser to begin the court case."

Tang Liang was stunned for a moment when he heard that he had directly skipped the prosecution and let the prosecution start the court statement.

In the general order, the prosecution is allowed to make court statements or present relevant evidence.

But now....

Qin Yong: As soon as you open your mouth to make a statement, what do you have no points in your heart?

Just sit there honestly and don't think about making a statement or anything!

.

….

The accuser was appointed with a lawyer, and Zhang Shuo opened his mouth to make a statement.

Judging from the situation in the trial and the current defense, Zhang Shuo can see that the presiding judge is inclined to the defense.

Therefore, the content of his defense still has to state the result of Wang Qiang's serious injury.

"The presiding judge .... Our court statement is as follows. ”

"We believe that in this case, the harm caused to us by Guang Youzhi is the result."

"And it has already caused serious injuries in the statutory sense."

"From this result, we are the victim, and when we ask the court to make another judgment, we can take this into account, taking into account our serious injuries and the civil costs of hospitalization."

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

After listening to Zhang Shuo's court statement, Qin Yong looked at the defendant's seat:

"Ask the defense to make court submissions."

"Okay presiding judge."

Hearing the presiding judge let the defense make a statement, Su Bai sorted out the litigation materials in front of him.

Judging from the current situation, it is very likely that the criminal liability will not be judged guilty, but in terms of civil compensation....

caused Wang Qiang's serious injury, which is the result, and the medical expenses are also the result.

If you want to avoid medical expenses as much as possible, you can only start from the legal situation of the whole event.

That is to say.... Although it is civil compensation, in terms of the division of responsibility, all the responsibility can be pushed to Wang Qiang.

Taking a deep breath, Su Bai slowly spoke: "Presiding Judge, I will state the court as follows:"

"Presiding judge, judge, in this case, it has been determined that our actions are acts of righteousness and courage."

"Our client has only just graduated from college, and may still retain a youthful and vigorous mentality, and when he retaliates in the face of an attack, he may not know how much damage is done to others, and the result of Wang Qiang's serious injury based on this condition."

"Again."

"During the entire course of the case, our client was seriously injured by Wang Qiang's attack, and we believe that Wang Qiang should bear full responsibility."

"Why?"

"Because Wang Qiang was interrupted by Guang Youzhi in the process of committing illegal infringement, which caused a series of disputes."

"In this process, the performance of Guang Youzhi is specifically righteous and courageous."

"He acted courageously to protect others from wrongdoing."

"Just imagine.... If there is a woman on the street who is being illegally violated by others, there are many passers-by around and have the ability to rescue, but they are worried that they will be punished and compensated by the law. ”

"As a result, women were successfully violated by others."

"What will this be for our society as a whole?"

"There will be elderly people who fall and dare not help, others who are injured and dare not come forward to stop them, and everyone will refuse to help in order to protect their legal rights and interests."

"That's something that people don't want to see."

"And in this case, Wang Qiang has always been a perpetrator of illegal violations."

"The consequences should also be borne by him personally."

"I hope that the presiding judge and the members of the collegial panel will take into account the legal considerations, but also the factors of the specific situation."

"Again."

"From the point of view of civil compensation."

"The compensation cost of more than 2 million yuan from the other party is completely unreasonable."

"We do not have the ability to bear such a high compensation cost, and according to the basis provided by the other party, many of the medical expenses used are health care effects, and the cost of lost work is too heavy, and there is an obvious suspicion of intentional claims."

"We apply to dismiss the other party's application for civil compensation."

"The above is our statement."

Su Bai finished speaking.

Qin Yong struck the hammer and entered the adjournment stage again.

This adjournment was to discuss the division of liability for civil compensation.

Only this time, all three members of the collegial panel reached a unanimous view.

Guang Youzhi caused serious injuries to Wang Qiang, so he does not have to bear criminal liability, but he needs to bear civil liability.

But Guang Youzhi is not the main responsibility, but bears part of the responsibility.

When the trial reopened, Qin Yong stood on the presiding judge's seat and spoke: "Now I am ready to announce the verdict." ”

All stand up!

Qin Yong began to announce the verdict: "For this case. ”

"The verdict reads as follows:"

"One: For the prosecution's complaint of intentional injury."

"After the collegial panel studied and decided:"

"In this case, Guang Youzhi was motivated by the purpose of righteousness and courage, and in the process of stopping the illegal infringement, he caused serious injuries to Wang Qiang."

"That is, there is no subjective intentional act."

"Therefore, it was determined that Guang Youzhi was not guilty and rejected the prosecution's claim."

"And civil compensation for the prosecution."

"In this case, Wang Qiang's serious injuries were due to Guang Youzhi's counterattack after his own attack on Guang Youzhi, which caused Wang Qiang's serious injuries."

"In this process, Wang Qiang needs to bear the main responsibility."

"Guang has ambition to take on secondary responsibility."

"Moreover, the civil compensation sought by the complainant is unreasonable."

"The verdict is widely aimed at taking 10 percent of the responsibility."

"That is, the compensation is 5687.6 yuan."

"The accuser's claim for lost work expenses is dismissed."

"This case is a first-instance judgment, and if the parties to the trial believe that this judgment is unreasonable, they may apply to the court at the next higher level for a rejudgment or initiate a supervisory review."

"The verdict will be issued to the parties within 10 days."

"Closed!"

With the last two words falling, the verdict is decided.

Wang Qiang: ???

What the hell?!

He spent so much thought, but Guang Youzhi was not sentenced, not to mention, and only paid less than 10,000 yuan?!

Isn't this pure and insulting?

Defy!

Appeal appeal, definitely appeal again!

He doesn't believe it, and he can't cure the other party?!

And at the same time.

Tang Liang in the prosecutor's seat was also a little incredulous about this verdict.

In the clear?

The verdict acquitted Guang Youzhi, isn't this a slap in the face?

No way.... This case has to be remedied.

Just now he stated that the two had beaten each other, and it was entirely possible to prosecute them in this regard.

Through this aspect, the probability of winning the lawsuit is very high, so there should be no problem in sending the other party in!

Su Bai: ???

Li Xuezhen: ???

Xiao Li's face was serious: "Lawyer Su, I feel that both the prosecution seat and the empty seat seem to be dissatisfied with the verdict of the first instance...."

"What should I do?"

"Let's send them all in...."

It's just the last sentence, Li Xuezhen didn't say it.

Su Bai smiled: "If you are not satisfied with the first-instance verdict, then you will have a second trial." ”

It's just that.... Whether it can be tried again remains to be discussed.

PS: Ask for a monthly pass~

(End of chapter)