Chapter 190 No, in This Case You Still Need to Defend Yourself with Self-Defense? !

The prosecution's case is complete.

On the judgment stand.

After sorting out Lu An's lawsuit application, the presiding judge Song Yuanhui looked at the seat of the victim's family members.

“Now please ask the victim’s family or litigation attorney to file a lawsuit application.”

Facing the reminder of the presiding judge.

Two attorneys, Li Fei and Xu Bing, spoke respectively.

The content of the speech is very simple.

The general meaning is that Chen Bin needs to pay legal responsibility and criminal responsibility.

and demanded compensation for civil liability.

A lawsuit application filed by two attorneys appointed by the victim.

Generally speaking, it is quite satisfactory and there are not many other requirements.

The actual purpose of the family members of Li Fei and Xu Bing was just to ask for money.

No other ideas.

As long as they can get the money, let's talk about it if they can't get the money.

After listening to the statements of the victim's family, the presiding judge Song Yuanhui sounded the hammer.

"The victim's family and their authorized attorney have completed their statements. Now let's ask the defendant or the litigation attorney to make a statement."

call.…

After hearing the words of the presiding judge, Su Bai breathed a sigh of relief.

Judging from the current situation in this trial, most of them are not optimistic about the defendant.

indeed.

Generally speaking, the prosecution proposed intentional injury.

No big deal.

Then judging from the results, two people died and three were seriously injured.

It is still an established fact.

If you are given a suspended death sentence, you won't be able to run away.

But this is a special situation. Since Su Bai has accepted this case, he has a certain understanding of the legal situation.

Intentional homicide?

This charge must be refuted by the prosecution.

This trial is indeed still difficult for him.

Especially in the identification of certain aspects.

This requires the determination of the collegial panel and the tendency of the collegial panel to analyze and judge the legal provisions.

but.…

Su Bai was already prepared for this. He took a deep breath and raised his head slightly to look at the presiding judge's seat.

"Good judge."

"Our litigation application is as follows:"

"We apply to reject the prosecution's case of intentional homicide and recommend the death penalty."

"I believe that under the circumstances, our use of the knife to attack Li Fei and other debt collectors was a legitimate act of defense and not intentional homicide."

"Li Fei and other debt collectors entered Chen Bin's home and committed violations against Chen Bin's mother, He Lijuan. This is already an illegal act."

"Chen Bin's attack was based on this established factual condition, and his behavior can be regarded as an act of legitimate defense."

"Based on the above, we plead not guilty."

"Apply to reject the prosecution's proposal and find our side not guilty."

When Su Bai finished his words.

In the court hearing, not only Lu An's expression was a little surprised, but even the members of the collegial panel in the presiding judge's seat were a little surprised.

Because judging from this case...

Chen Bin's criminal facts are clear and the evidence is conclusive, and he carried out the attack with his own knife.

Chen Bin was not beaten during this process.

It was a legitimate defensive act, which puzzled other people at the trial.

Especially Lu An...

As the person in charge of this case, Lu An has a very clear understanding of the entire case and related facts and evidence.

It constitutes a defensive act, which is too reluctant to say, and it is still a not guilty plea.

Plea not guilty.

This is what surprised the members of the collegial panel, because no matter how you look at this trial, it does not fall within the circumstances and scope of a not guilty plea.

Boom, boom, boom!

At the presiding judge's seat, Song Yuanhui banged the gavel.

"The litigation applications of all parties have now been stated. Now all parties are invited to start stating the factual basis and legal basis."

"But first of all, I would like to ask the defense lawyer of the defendant. Has the defendant confirmed that he will plead not guilty?"

"Yes, Judge."

After hearing Su Bai's answer, Song Yunhui then looked at the prosecutor.

"Now let's ask the prosecutor to make a statement."

"OK."

Lu An looked at Su Bai and then began to state.

"The prosecutor does not agree with the defensive behavior proposed by the defendant."

"The prosecutor believes that the fact that Chen Bin committed intentional homicide is conclusive and is based on oral confessions and factual evidence."

"The crime of intentional homicide is divided into various situations. Among them, Chen Bin's confession can clearly understand his subjective psychological state at the time."

"His psychological subjective state at the time was that he saw his mother being bullied, and he had the urge to kill. This was his primary subjective state."

"This primary subjectivity has shown that he had the intention to kill and acted on it."

"During this action, Chen Bin had enough time to think, and under the circumstances, Chen Bin was not attacked."

"That is to say..."

"The situation at that time left Chen Bin with great autonomy and subjective conditions. It was his subjective wish to choose to attack with a knife. It is an established fact that Li Fei, Xu Bin and three other people were seriously injured as a result."

"In this case...Chen Bin's behavior has constituted serious behavior that endangers society and caused the death of others."

"Legitimate defense mostly refers to the outbreak of resistance during the violation, and the subjective will to stop the perpetrator, resulting in the death of the other party."

"Only in this case can it be called self-defense and no legal liability will be pursued."

"A situation like Chen Bin's does not meet the level of legitimate defense."

"When prosecuting for intentional homicide, the law applies. Therefore, the prosecutor applied to the court to rule that Chen Bin committed intentional homicide."

"The prosecution has submitted relevant factual basis and evidence."

"The prosecution's defense is over."

There is sufficient evidence and sufficient factual basis.

After Lu An finished his statement, he looked at Su Bai at the defendant's seat.

He really wanted to know from what perspective the other party would use to defend themselves in self-defense.

.

….….

at the same time.

After listening to the prosecutor's defense, Song Yuanhui also turned his attention to the defendant's seat.

"The prosecutor has stated the relevant factual basis and evidence. Now let's ask the defendant to start presenting."

"OK."

Su Bai nodded slightly: "Presiding Judge, first of all, before making the statement, I would like to reject one of the prosecutor's points."

"The prosecutor's statement showed that Chen Bin's subjective intention was to protect his mother and he had the idea of ​​​​murder. Therefore, this confirms that Chen Bin committed the crime intentionally."

“That’s the point I want to make a rebuttal.”

"The reason is as follows. What the prosecutor said is that based on our confession, we determined that we have the tendency to intentionally kill people."

"However, based on the statements of the prosecutor and our client and the evidence submitted by law enforcement, I have not seen this piece of evidence."

"Among the interrogation processes and procedures submitted by law enforcement parties."

"Our confession is that the client took the knife to protect his mother from being humiliated."

"And our client also explained the situation at the time and his starting point and wishes."

"The situation at that time was that He Lijuan, Chen Bin's mother, was being humiliated."

"Li Fei and Xu Bing exposed their privacy and made verbal teasing, and the other forcibly tore off He Lijuan's clothes."

"According to the confession of our client and the evidence submitted by law enforcement, He Lijuan was wearing an off-white short-sleeved shirt at the time. At that time, Xu Bing used his right hand to pull the short sleeve of He Lijuan's left arm to a position ten centimeters below the shoulder."

"In this case, Chen Bin used a knife, which led to the subsequent situation."

"But throughout the entire interrogation, our client's confession, and other evidence and basis, it was never said that our client had the idea of ​​killing someone at that time."

“I don’t know where the prosecutor came from with this argument, and I also ask the prosecutor to provide relevant factual basis and evidence...”

Regarding what Lu An said, Chen Bin saw his mother being bullied at that time, so he had the idea of ​​​​killing someone.

Su Bai did not see the evidence submitted by the other party.

Furthermore, he asked Chen Bin if he had ever said anything like this.

Chen Bin shook his head and said no.

So, if the prosecutor said this, it would obviously be misleading to the court's verdict.

This must be refuted.

Faced with Su Bai's question, Lu An said: "The situation at that time was obtained by law enforcement after questioning Chen Bin."

"Based on Chen Bin's confession and subjective wishes."

Inquiries from law enforcement?

Su Bai frowned slightly and rummaged through the relevant evidence materials, but found nothing in the interrogation confessions or related evidence.

So he spoke:

"Then please ask the prosecutor to present the factual basis and evidence that law enforcement parties reached this conclusion based on Chen Bin's confession and subjective wishes."

Lu An frowned slightly at Lawyer Su's sudden seizure of this matter.

Because what he just described was indeed based on questioning a law enforcement officer.

But if he is asked to provide factual basis and evidence...

This is really not easy to take out.

At the same time, Lu An was also upset in his heart as to why he said such a thing.

As a result, Su Bai seized on the loopholes in his language and extended the trial time.

but.…

Although such a small loophole was caught, it did not affect the subsequent outcome of the trial.

It's just a little troublesome.

Faced with Lu An's silence, Su Bai knew in his heart that this trial was aimed at not supporting the prosecutor's accusation and the subjective wishes of the presiding judge.

This is a troublesome thing.

So he continued:

"Based on the evidence submitted in this case, the law enforcement side did not provide any evidence in this regard. The situation stated by the prosecutor is entirely based on the prosecutor's personal judgment."

"We have the right to doubt the legitimacy of this evidence."

"If this kind of evidence is induced or forced by our client, then it is illegal evidence, and we have the right to reject this kind of evidence."

"Presiding judge, I request our client to state the situation described by the prosecutor and verify whether the prosecutor has provided false evidence."

At the presiding judge's seat, Song Yuanhui frowned slightly. He did not expect that based on the prosecutor's statement, Su Bai would directly demand proof of the legality and illegality of the evidence.

Of course, he also knew Su Bai's purpose. The first subjective reason for rejecting this kind of evidence was to determine that Chen Bin had no intention to kill.

Looking at the defendant's seat, Song Yuanhui slowly said: "Then let's ask the defendant to state whether what the prosecutor said is true."

"If that's true, what was the situation like?"

Facing the presiding judge's inquiry, Chen Bin glanced at the position of the defendant's litigation attorney.

Previously, Su Bai had explained to him how to answer various questions at the trial.

According to Su Bai, he only had to answer the questions raised by the presiding judge truthfully.

Thinking of this, Chen Bin said: "Presiding Judge."

"What the prosecutor said is not true."

"I don't know what the prosecutor is saying. He said I committed murder intentionally. I don't know where this view comes from."

"There are indeed law enforcement officers who have asked me similar questions."

"I don't remember the details of the problem very clearly. I can probably vaguely remember that the law enforcement officer asked me why I stabbed Li Fei and Xu Bing with a knife."

"My answer at the time was that I couldn't watch them bullying my mother."

"Although I'm not old enough to hit a dozen people by myself, I know that I have to protect my mother. I can't let my mother be bullied like that."

"Then the other person asked me if I wanted to kill them when I saw them bullying my mother."

"I answered that I thought."

"That's probably the content. I can't remember the details clearly."

As the presiding judge, Song Yuanhui continued to ask: "So, under what circumstances was it recorded? Or under what circumstances were you asked?"

"At that time, I remember that it was when I was being escorted... It should have been on the way to the police station. I was asked several similar questions when I was detained, but no notes were taken at that time."

"Are you sure you didn't take notes?"

Regarding the latter question, Chen Bin frowned and shook his head:

"I'm not sure because I was out on bail awaiting trial for too long. It has been several months now. I don't remember it very clearly."

Boom!

"OK."

After listening to Chen Bin's answer, Song Yuanhui banged the gavel and briefly sorted out the case.

After taking a deep breath.

He glanced inadvertently at the defendant's litigation attorney's seat.

If another lawyer were to defend Chen Bin in this case.

Maybe the court hearing will go relatively smoothly.

But facing Su Bai as the defendant's litigation agent.

To be honest, there are still some troubles in advancing this case further.

It is necessary to dig out the details of the case step by step.

A bit troublesome.

but.…

These issues are all minor issues. The main issue is how to properly judge this case.

After all... As a live court case, this case is still quite popular, and it is easy to reach millions of views.

Song Yuanhui thought silently in his heart.

PS: Please vote for me~