"Rub! It can be seen that the judgment of the presiding judge is really a good judge! ”

"That's right! The judge didn't say anything else, at least he was justified in his decision, and there was no objection from all parties! ”

"Even if the prosecution raises an objection, there is no relevant evidence, and he just relies on his own emotions to question it!"

"That's right! Justice Lin Youping has promoted the judgment of justifiable defense, and he is a good judge just by virtue of this article! ”

In the live broadcast room of the legal commentary.

Many people who are watching the live broadcast of the trial have shown a lot of good feelings about this decision.

They praised the judges who sentenced them.

Luo Daxiang looked at the barrage and smiled knowingly.

Lin Youping is the vice president of the Beidu High Court, and he is a professor of law at the University of Political Science and Law.

There is a certain relationship between the two of them.

Luo Daxiang knows that Lin Youping's greatest hope is that he hopes that the building of the legal system can be improved and the rule of law management can be promoted.

And after stepping into the judicial system, he has been sticking to his ideals and beliefs.

I don't know how many years ago, Luo Daxiang also heard a little story about Lin Youping.

Lin Youping was trying a large truck, and the driver of the large truck was pulling goods, and due to the damage to the goods caused by the rainy weather, he was sued by a cargo owner with a related background.

The compensation demanded is sky-high and far more than what it is worth itself.

For the big truck driver, as long as the compensation is awarded, then he can't afford to pay it in his life.

As the presiding judge, Lin Youping did not agree to this compensation, not only was he warned, but his family was also threatened.

It is not uncommon for a broken window in a home to have an animal carcass in front of the door.

But Lin Youping still insisted on making a judgment in accordance with the provisions of the law.

From these, it can be seen that Lin Youping has been sticking to his heart.

Maintain the order of the law.

I have to say that after so many years, I have been able to maintain my original intention.

As a judge who makes judgments in accordance with the law and in accordance with the facts.

Lin Youping did it, and the original intention when he read the legal oath at that time.

Luo Daxiang exhaled lightly and continued to focus on the courtroom.

At present, the key judgment in this trial has been completed.

The rest is much simpler.

.

….

On the court court.

Xia Ningning raised objections at the trial just now, interrupting the relevant progress of the trial.

But....

It was just a delay of some time, and there was no too important impact.

The trial continued.

On the presiding judge's seat, Lin Youping briefly looked through the litigation materials.

Raising his head slightly, his gaze swept over the seats.

Immediately afterward, he continued: "Regarding the continued defense of this trial." ”

"The collegial panel made the following conclusions."

"First: Conduct a relevant plea as to whether Zhou Li's conduct was an act of intentional injury or an act of self-defense."

"Second: Analyze the factors caused by Zhou Li's act of taking a knife during the beating at that time."

"In response to the above two points, please make an open statement first."

The first and second points, in fact, belong to the same point, but are divided into different types.

The second point can be seen as a specific division of the first point.

Why?

Because it is necessary to analyze whether Zhou Li's behavior was intentional injury or defensive behavior.

Then it is necessary to analyze Zhou Li's subjective motivation for taking the knife.

This subjective motivation does not mean that Zhou Li states what his subjective motivation is.

Rather, it should be analyzed according to the circumstances and specific circumstances of the time.

"Whew...."

"After these two points are decided, it is estimated that the case will be finalized."

Cai Wanqiang said silently in his heart and said, "Presiding Judge." ”

"Regarding the analysis of Zhou Li's behavior, the defendant Zhou Li has described it very clearly just now."

"In the situation at that time, He Ping did have the first action."

"But hands-on behavior is limited to pushing and shoving, and fighting each other."

"According to the follow-up inspection, it can be clearly seen that there was a limit to what He Ping did at that time."

"It didn't cause much harm to Zhou Li, that is, it didn't pose a threat to Zhou Li's life."

"Zhou Li has no need at all, go and use the knife."

"And Zhou Li did not encounter strong obstruction in the whole process of getting it."

"Just imagine what it was like."

"If He Ping wants to cause some damage to Zhou Li, under certain performance conditions, Zhou Li's damage will not be so light."

"There is no opportunity to take the knife and carry out the act of attacking."

"Based on the above, we believe that the process of Zhou Li going to get the knife is a manifestation of his subjective intention."

"I just heard the lawyer entrusted by the defendant ask Zhou Li why he used the knife to hurt He Ping."

"The main reason is that He Ping punched Zhou Li while he was holding the knife, and then Zhou Li stabbed He Ping with the knife."

"In this process, He Ping obviously did something wrong, but what did Zhou Li do?"

"He Ping threw a punch, and the damage caused was limited, not enough to cause significant damage to Zhou Li, but Zhou Li still chose to attack He Ping's heart even though he knew about it."

"I believe that Zhou Li, when he was not besieged at that time, must have known very well what it was like to attack the heart position."

"It's common sense for everyone."

"Here I would like to ask Zhou Li, do you know the importance of the heart? A stab can lead to absolute death? ”

In the defendant's seat, Zhou Li hesitated, but still nodded: "I know." ”

Cai Wanqiang nodded to signal that the inquiry was completed, and then continued to speak:

"According to Zhou Li's statement just now, it can already be clearly seen."

"When Zhou Li did not suffer serious harm, he obviously knew that stabbing his heart was likely to cause death to He Ping."

"Still choose, using a knife to attack He Ping's heart, it already has relevant subjectivity."

"And there's one more thing...."

"Before Zhou Li attacked, he smashed his stall and had a very strong willingness to attack, which can be confirmed from the side."

"Confirming Zhou Li's subjective behavior."

"Presiding Judge, my statement is over."

.

….

After Cai Wanqiang finished speaking, he exhaled lightly.

This is the point of this case, although it is said that after the previous verdict, it is very likely that Zhou Li will not uphold the original sentence of the first instance and sentence the death penalty.

However, this kind of intentional injury resulting in death due to one's own actions and subjectivity is punishable by at least life imprisonment.

After Cai Wanqiang finished his statement, Su Bai frowned slightly and raised his hand to signal: "Presiding judge, I disagree with some of the prosecution's statements. ”

On the bench, Lin Youping opened his mouth and asked: "Please ask the defendant to entrust a lawyer to express his opinions." ”

"Okay."

"I don't agree with the prosecution's arguments."

"Especially when it comes to intentionality."

"Intentional homicide causing death and excessive self-defense causing death are different concepts."

"What does willfulness mean?"

"It refers to the subjective existence of foreseeing and hoping for the death of the victim."

"According to the prosecutor's statement, asking Zhou Li if he knew that piercing the heart would cause the death of the person concerned confirmed Zhou Li's intentionality."

"But the prosecutor has already stated it just now, which is common sense."

"Common sense means that everyone knows about it, so it's no surprise that my party knows about it."

"But this does not mean that under the circumstances at that time, we were aiming to stab the other party in the heart, whether we foresaw and knew that our actions would cause the death of the other party, or whether we still hoped that the other party died."

"Piercing at important points is indeed predictable, and knowing that your actions will cause death to the other person."

"But what if it's for defensive acts?"

"Although He Ping said no, he punched too heavily and attacked Zhou Li, but his behavior is not an attack?"

"According to the interpretation of the law, He Ping's approach is to attack Zhou Li."

"In this case, Zhou Li counterattacked, is there any problem?"

"No problem."

"Besides, I don't understand what the prosecutor said, what does Zhou Li mean by smashing his booth for side verification?"

Cai Wanqiang replied: "Smashing your own stall represents Zhou Li, who has a strong tendency and willingness to attack. ”

"This shows that it is a situation of unstable personality, and based on this, there is a large extent a deliberate attack."

Su Bai: "I don't agree with this point of view. ”

Cai Wanqiang: "Then I want to ask the defense to entrust a lawyer to make a statement, why don't you agree?" ”

Su Bai continued to speak:

"The matter of smashing the stall cannot be viewed simply from a certain situation."

"Look at the whole picture."

"What is the overall situation in this case?"

"Zhou Li's family is already very poor, with elderly parents and disabled children, and the whole family is counting on this stall to earn living expenses and medical expenses."

"Now he has encountered unfair treatment from law enforcement officers, and just complained, the other party pushed and shoved him, and even beat him."

"People are dignified, did Zhou Li smash the stall?"

"If he smashed the stall, does that mean he has a tendency to intentionally hurt?"

"It's not!"

"What he smashed was not the stall, but the helplessness of life in his heart, the oppression of life on him."

"He thought of his elderly parents and disabled children in his family, and the loss of this stall, coupled with the fines, he could not afford to support a family."

"Now that this kind of thing has happened, he resents his powerlessness, so he smashes his stall."

"At the same time, it is also to vent my despair about my future life."

"Based on this, I smashed my own stall, not that there is any subjectivity and willingness to commit a crime."

"At the same time."

"Regarding the performance of subjective intention, first of all, Zhou Li did not take the lead in making the move, and his psychology of holding a knife at the beginning was just to protect himself and not be beaten again."

"Just imagine, a man, under great pressure, his source of survival has been cut off, and the main person who did this has pushed, insulted and beaten him."

"In this case, Zhou Li completely lost his dignity, and even so, he did not say that he attacked at the first time with the knife."

"It was when He Ping attacked him that he counterattacked."

"The prosecution's statement is very reasonable, He Ping's physical attack on Zhou Li did not reach the emergency avoidance situation, but did He Ping inflict a huge insult and attack on Zhou Li's spirit?"

"What crushes Zhou Li is the spiritual support."

"In accordance with the above circumstances and the relevant legal provisions."

"We don't think that Zhou Li is an intentional homicide."

"Presiding Judge, our statement is over."

This case, no matter from which angle it is presented.

All are selective.

The prosecutor's point of view, his point of view.

They are all fighting for the legal rights and interests of relevant personnel.

Su Bai defended Zhou Li in order to fight for Zhou Li's legal rights and interests.

The prosecutor made the accusation in order to fight for He Ping's legal rights.

From a factual point of view.

Zhou Li for He Ping is indeed the result of causing and dying.

However, He Ping's behavior also had a huge impact on Zhou Li at that time.

Zhou Li needed to support his family, but his stall was targeted at him, he was insulted and beaten, and he resisted and was sentenced to death.

This is not a proper honest man template?

For other people, they will definitely not be able to stand this anger, and it may also cause huge problems.

But in any case, this is in the trial, everything is based on the law, and the judgment and judgment are the basis.

Now, the most important thing is how the presiding judge and the other two members of the collegial panel should decide on this case.

What Su Bai can be sure of is that the original verdict of the first instance will definitely not be upheld in this case.

But!

He didn't know exactly how long the sentence would be.

Again, if the sentence is too severe, then let's continue to appeal.

However, for Lin Youping's understanding, Su Bai knew that Lin Youping would have an objective verdict, and it would be difficult to appeal.

Su Bai took a deep breath and looked up at the presiding judge's seat.

His eyes happened to be at the same time as the presiding judge, Lin Youping.

.

….

PS: During the double monthly pass, ask for a monthly pass~

(Explanation: That extra,It's an activity at the starting point.,Daily life does not affect the text)

(End of chapter)