Chapter 273 Judgment Results, Disputes among Members of the Collegiate Panel.

Lin Youping's eyes fell on Su Bai's body, and he happened to see Su Bai looking in his direction.

When looking at each other.

Su Bai smiled, Lin Youping noticed it, and didn't say anything.

At this point in this case, in fact, as long as the final judgment is made, the entire trial has basically been decided.

In response to the plea just now, both sides have certain reasons for their defenses.

Of course, at the time of the first decision.

The reason why Lin Youping leaned towards the defense was because the prosecution's statement had too little basis.

And the point of view stated .... There is a certain problem.

Why?

Because law enforcement officers can enforce the law if they are arbitrary.

Then he can enforce the law for any reason, even for those who have not violated the law, in the name of law enforcement.

Therefore, when making a judgment, it will certainly not be based on the prosecution's statement.

The prosecution did not dare to give positive answers and statements in this regard during the public trial.

The court, for its part, will certainly not make a judgment based on the prosecution's intentions.

This was the main factor in the previous determination.

But now.

Whether it is the statement of the lawyer entrusted by the defense or the statement of the prosecutor of the prosecution, it is supported by a factual basis and a legal basis.

The things that need to be considered in this case are relatively complex, and the judgment must be made in light of the specific environment.

Taking a deep breath, Lin Youping asked the prosecution, that is, Xia Ningning, as the client's seat to make the accusation, to make a statement and supplement.

"Is there anything else the prosecution has entrusted a client or a lawyer to add to this case?"

"The focus of the inquiry is mainly on the criminal side, the civil side of the claim, and wait until the criminal judgment is concluded before the defense."

.

…

Facing the presiding judge's question, Xia Ningning hurriedly gestured to Li Xiong with his eyes.

Li Xiong: .....

"Presiding judge, we have something to add in the criminal aspect."

"Please state."

"Okay, Presiding Judge."

Li Xiong nodded, asking whether it was intentional injury or an act of defense.

This point has just been made very clear by both the prosecution and the defence, and it has been presented from all sides.

Judging from Xia Ningning's appeal, her idea is that if Zhou Li can be severely sentenced, she will be dealt with with with a serious judgment.

In response to this, Li Xiong continued to speak: "Presiding judge, reply to the criminal aspect. ”

"What we would like to state is that the defense lawyer has stated that the criminal liability associated with the consideration of the trader is considered."

"Then, it is also necessary to consider the relevant criminal liability from the perspective of law enforcement officers."

"They're enforcing the law, and in the process of enforcing the law, they've encountered some obstacles, so they've used some other behavior."

"Let's make it clear again."

"We know that this obstacle may not be caused by Zhou Li, but the whole process is to enforce the law against Zhou Li, and we hope to consider this aspect before deciding the verdict against Zhou Li."

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

After Li Xiong's statement, Xia Ningning didn't know why he suddenly raised his hand to signal, and after getting approval, he said:

"The one in my family was stabbed to death by Zhou Li while he was at work."

"Zhou Li is deliberately harming law enforcement officers."

"The death penalty must be given, presiding judge, this is my opinion, this Zhou Li must be sentenced to death!"

β€œ.….”

Regarding Xia Ningning's statement, the presiding judge, Lin Youping, frowned slightly and did not continue to say anything.

Just bang the hammer to keep the silence quiet, and then speak:

"Now there is an adjournment, and after the adjournment is over, there will be a discussion of civil liability, and then a court presentation will be made."

Call....

Recess.

This is the second adjournment of this trial, and it is also the most critical adjournment.

After the adjournment, almost all the relevant contents of this trial have been decided.

Civil compensation is the amount that must be compensated, and the amount should be within the scope of what should be.

I just don't know how the members of the collegial panel will make a judgment on this trial.

The court's statement should be a more critical and important part of this trial.

Su Bai meditated in his heart.

.

….

During the adjournment, the most nervous person was Zhou Li, who did not know what he would face in this trial.

But he knew very well in his heart that he had indeed caused the death of the other party.

Zhou Li's expression was full of nervousness, but when he looked at Su Bai, he didn't know why, and suddenly relaxed a lot.

.

….

Meanwhile.

In this trial, the most concerned about this case is also the audience who watched the live broadcast of the trial.

There are speculations about the final outcome of this case:

"In the live broadcast room, guess the prize according to the legal basis!"

"I'll come first, in this trial, I will stand on the defendant, and the defendant will definitely be able to reject the original judgment of the first instance!"

"Phew! Upstairs shameless, everyone knows that when the verdict was made at the beginning, the first-instance verdict could not be maintained.

The most important thing now is to determine whether intentional injury or defensive behavior is an act of self-defense, which means whether Zhou Li's sentence is fixed-term imprisonment or life imprisonment, and if so, how many years. ”

"I guess 10 years in prison! Putting aside everything else, He Ping's identity is a law enforcer after all, and causing the death of a law enforcer should be sentenced heavily. ”

"So ten years in prison is about the same!"

"Almost.... I feel that it is either 10 years in prison or life imprisonment, and it is impossible to uphold the original verdict of the first instance anyway. ”

"Ahem.... You have forgotten who acted as the lawyer for the defendant in this trial, I guess acquitted! ”

【White Eyes】

This trial is a commutation defense, not a not-guilty defense, guess the acquittal?

It's funny!

At the same time, some people began to ask Luo Daxiang, but for this question, Luo Daxiang just smiled:

"At present, the trial has not yet reached the point where the verdict is directly announced, and the court statement is also a very important aspect, and I can't make too many judgments on this issue."

"When the court starts, let's continue watching."

.

….

The other side.

Discussion room of the collegial panel.

Lin Youping, as the presiding judge, was listening to Zhang Bo and Feng Yuan's thoughts.

For this trial, Zhang Bo and Feng Yuan have different ideas.

Zhang Bo opened his mouth to state: "Regarding the verdict of this trial, I am inclined to the prosecution's statement. ”

"There is no big problem with the prosecution's statement, Zhou Li deliberately attacked He Ping's chest with the knife, what does this mean?"

"According to common sense, the part of the human heart is very fragile, and since he chose to attack like this, then he foresaw and looked forward to the corresponding results."

"There is a very clear intentionality, so to speak."

"I think it can be judged as intentional injury."

"After all.... Although it is said that He Ping had a corresponding attack in advance. ”

"But we have to take into account some specific factors, what if Zhou Li is deliberate, holding a knife and waiting for He Ping to attack him, and then counterattack?"

"Shouldn't we think about that?"

Feng Yuan was silent for a few seconds, and retorted: "Lao Zhang, I don't think you are thinking about it right. ”

"Think about it!"

"Even if Zhou Li deliberately held a knife and waited for He Ping to attack him, and then counterattacked."

"But if He Ping hadn't taken the lead in attacking Zhou Li, would there have been any things that happened later?"

"Definitely not!"

"We also need to consider a certain causal relationship in the judgment of criminal law."

"First He Ping took the lead, and then Zhou Li attacked with a knife."

"There's nothing too big of a problem about that."

"In other words, He Ping saw Zhou Liyou's behavior with a knife, why did he still attack?"

"Moreover, Zhou Li didn't have the idea of deliberately attacking at first."

"Based on this, Zhou Li's behavior can be regarded as an act of defense, not an intentional act."

"Even if he is subjectively acting deliberate, his actions are defensive."

"And under the circumstances, no one can say what the situation was."

"Lao Zhang, did you say that?"

.

….

After listening to Feng Yuan's analysis, Zhang Bo pondered silently, and then turned his gaze to Lin Youping.

"I agree with Feng Yuan, but how to determine the sentence as a result of the serious consequences caused by the defensive acts?"

"After all, there have been serious consequences, and the sentence must be discussed carefully, right?"

After listening to the opinions of the two people, Lin Youping took a long breath: "Well, the sentence is a problem. ”

"Let's talk about how to make a judgment first, then talk about civil compensation, and finally talk about the sentence."

"Hmm."

"Okay."

Faced with Lin Youping's proposal, Zhang Bo and Feng Yuan nodded.

.

….

Soon, the second adjournment ended.

The members of the collegial panel returned to their seats on the courtroom.

Lin Youping rang the gavel, and then slowly spoke: "The trial continues." ”

"Is there anything else the parties have to add to whether Zhou Li is an act of intentional harm or an act of defense?"

Su Bai: "There is nothing to add. ”

Others: "No additions. ”

Knock knock!

The gavel sounded.

"The parties have no objection to the above plea, and there is no supplement."

"Now for the verdict."

"It was determined that Zhou Li's conduct was not an act of intentional harm."

"According to the relevant provisions of the law, Zhou Li's overall behavior in the process of holding the knife at the beginning belongs to the defense process."

"But in the process of defense, I suffered from He Ping's deliberate attacks and provocative behaviors."

"Moreover, Zhou Li did not show any other behavior before the attack."

"It is not an intentional murder."

"Based on the above, it is determined that Zhou Li's conduct is not an act of intentional harm."

Knock knock!

"Are there any objections from the parties?"

Neither Su Bai nor the prosecution objected, and the court's decision was based on facts.

It's just that what Cai Wanqiang didn't expect was that the court actually judged it to be a defensive act.

Judgment defense ....

In this case, it is impossible for Zhou Li to be sentenced to life imprisonment because of his own defense.

Lost the case!

Cai Wanqiang meditated in his heart.

.

….

On the other side, Xia Ningning, the accuser's seat, stood up directly:

"Presiding Judge!"

"What does this judgment mean?"

"It was also judged that the other party did not mean it, he took a knife, and the presiding judge took a knife, do you know?"

Lin Youping: .....

In the face of Xia Ningning, he repeatedly questioned at the trial.

Lin Youping directly struck the magic hammer: "In the whole process, Zhou Li took the knife, but the first time he took the knife, did he stab He Ping?" ”

"If He Ping didn't hit Zhou Li, then would Zhou Li stab him?"

"In court, it's all about cause and effect."

In other words, what if Zhou Li didn't hold a knife? So whose fault is He Ping beating Zhou Li? ”

Xia Ningning: "I don't care, my man is enforcing the law, that's right!" ”

For Xia Ningning, Lin Youping did not have this explanation, but just asked the bailiff to warn Xia Ningning.

He can understand Xia Ningning's mood, but in court, he pays attention to the law and legal causality.

It can only be said that everyone stands from a different perspective and looks at problems in a different way.

After Xia Ningning's mood calmed down, the trial continued, this time discussing the issue of civil compensation.

On criminal matters.

Li Xiong was not too surprised when he heard the verdict.

Because according to the specific scene and the judgment of defensive behavior, Zhou Li can indeed be called a defensive behavior.

Xia Ningning still has a certain demand for civil compensation, that is, to ask for compensation of 2 million.

Li Xiong brought this up.

But....

Regarding the civil liability incidental to this criminal lawsuit, the amount of compensation offered is 2 million.

Lin Youping dismissed it on the spot: "The civil compensation demanded by the accuser is far higher than the statutory civil liability. ”

"With regard to the cost of moral damages, the cost of compensation for moral damages is too high for what is sought between husband and wife."

"Now for the dismissal."

"But on that point, I would like to ask the accuser whether he is willing to reach an understanding or not?"

Xia Ningning didn't quite understand this meaning, and turned her head to look at the lawyer on the side.

"Lawyer Li, what does the presiding judge mean by asking this question?"

Li Xiong explained: "If you are willing to reach an understanding, or ask the other party to pay a certain amount of compensation, then the sentence for the other party may be less." ”

"If you are not willing to reach an understanding, then the other party's sentence will be a little more, and the compensation cost may be small."

"Of course, this mainly depends on whether the other party is willing or not."

Hearing Li Xiong's explanation, Xia Ningning spoke without thinking: "I am willing to reach an understanding." ”

Li Xiong: ???

Just now I learned that if I don't reach an understanding, the compensation fee may be less, so I directly chose to be willing to forgive?

Li Xiong rubbed his eyebrows, a little incomprehensible, but since he was willing to reach an understanding, the follow-up result would be much easier.

After hearing Xia Ningning's willingness to forgive, Lin Youping glanced at the litigation materials.

In this trial, all the relevant judgment conditions have been determined.

All that's left is the question of Zhou Li's sentence!

Sentence....

Lin Youping already had a general idea in his heart.

The rest depends mainly on the court statements of the parties.

.

….

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

(End of chapter)