Chapter 191 Refute the Judgment! Raise Objections!

Many people are paying attention to Chen Bin's case.

Song Yuanhui's consideration was very good.

At present, only those watching through the court hearing live broadcast network.

It has reached nearly 200,000 visitors.

This was the traffic volume just half an hour into the court session.

The traffic volume of those who pass through the legal commentator’s live broadcast room adds up to more.

If the verdict is not good...

So, for him, the main judge, it will definitely have a certain impact.

.

….…

at the same time.

In Luo Daxiang's legal commentary live broadcast room, many people were watching the content of the trial.

The comments section is also very interesting.

"Lawyer Su, as expected of Lawyer Su, he always defends his innocence!"

"Haha! I have to say that I support Chen Bin in this case. Someone brought a dozen big men in to humiliate his mother and did such disgusting actions. All I can say is that he deserves to be knifed. If it were me, I would Two more knives are needed!”

"Nothing wrong!"

"To be honest, everyone may encounter this situation. If Chen Bin really loses the case, I have no objection, but... I still feel a little uncomfortable mentally."

"Yeah! But is there a turning point in this case?"

"We saw that Lawyer Su just refuted the evidence presented by the prosecution. Can anyone tell me what this evidence is about?"

"Could it be that the law enforcement side is suspected of fabricating evidence?"

“.…”

"Don't say this nonsense!!"

.

….

Luo Daxiang saw this evidence being discussed in the comment area and explained with a smile.

"This evidence was not submitted to the court and is not suspected of being false evidence."

"It's just that the prosecutor raised this matter...Lawyer Su refuted this point."

"However... this also denies the prosecutor's suggestion about Chen Bin's subjective wishes."

"So the current main point of defense is to make a rough judgment on the subjectivity of Chen Bin when he used a knife to attack Li Fei, Xu Bing and others."

"But since Chen Bin personally admitted that he had thoughts of murder, it is still troublesome to deny the subjectivity of intentional homicide."

"To be honest, I haven't understood this case in depth, and I don't know much about the specific circumstances."

“But the defense lawyer, as the top criminal lawyer in the country, should take some measures in this regard.”

"Let's continue watching. The next defense in this trial should be quite exciting."

Luo Daxiang spoke with a smile, and the people in the live broadcast room returned their attention to the court hearing.

.

….

At the court hearing.

After listening to the statement of Chen Bin, Song Yuanhui banged the gavel.

"In response to the prosecutor's suggestion, Chen Bin's criminal motivation was that he saw his mother being humiliated, so he had the idea of ​​​​killing someone."

"Chen Bin's oral opinion is:"

"After seeing my mother being bullied, I had the idea of ​​killing someone."

"According to Chen Bin's testimony in court:"

"Based on this, it can be determined that Chen Bin committed intentional homicide. Do all parties have any objections?"

Lu An: "No objection."

? ? ?

Needless to say?

There must be objections!

If this judgment is really reached, it will be basically impossible for this case to continue to be defended through defense.

Su Bai raised his hand and said, "Presiding Judge, I have objections to this judgment."

"Any objections?"

Song Yuanhui frowned slightly.

Su Bai ignored Song Yuanhui's displeasure and continued to speak:

"First of all, according to the judgment just made by the presiding judge -

When Chen Bin saw his mother being humiliated, he had the idea of ​​​​killing someone, and determined that Chen Bin's subjectivity was intentional homicide. "

"We don't agree with this."

.

…

"Why do you think it is different? State your legal basis."

"OK!"

Su Bai said:

"According to common sense and the objective facts of the situation at the time, Chen Bin had the idea of ​​committing a crime because his mother He Lijuan was humiliated."

"But the thought of committing a crime does not equate to committing a crime."

"According to criminal law, intentional crime refers to the fact that the perpetrator knows that his criminal behavior will have consequences that will harm society during the course of committing the crime."

"Intentional crimes focus on the perpetrator. In the course of the action to commit the crime."

"So, did Chen Bin have the idea of ​​killing during the course of committing the crime?"

"Not really."

"Chen Bin had the desire to kill when he saw his mother being humiliated. At this point in time, he had not yet committed any criminal act."

"How to judge the perpetrator's intentionality is a very complex issue, and the principle of subjective and objective consistency must be adhered to."

"We must consider not only the cognitive ability of the perpetrator, but also the objective environment at the time of other crimes and the entire process of the crime."

"So we believe that just because he said he had the idea of ​​killing someone, we can conclude that Chen Bin's subjective intention was to kill someone when he was holding a knife."

"It is too arbitrary and has no legal basis."

"Think about what happened."

"Chen Bin's mother was being bullied at the time. Chen Bin was standing in the room with several other people staring at him."

"In this case, Chen Bin's mother is the victim, so is Chen Bin the victim?"

"We believe that Chen Bin's subjective intention should be considered from the process of Chen Bin's behavior while holding the knife."

"Instead of Chen Bin having the intention to kill at the beginning, it is subjective to determine that Chen Bin had the intention to kill."

"So for the judgment just now, we think it is completely an error in the application of the law!"

"I would like to ask the members of the collegial panel to take this factor into consideration before continuing to determine whether Chen Bin committed an intentional crime and the circumstances of intentional homicide."

"If the members of the collegial panel can come up with legal facts or basis to make a judgment on this, we are willing to listen to the legal explanations of the members of the collegial panel."

hiss.…

On the judgment stand.

The presiding judge Song Yuanhui silently glanced at the other two judges to his left and right.

Noticed the serious expressions on the faces of the other two judges.

Although I was angry at Su Bai's practice of questioning in court.

But what they say makes sense!

According to the legal interpretation stated by Su Bai, his judgment just now is indeed somewhat untenable.

Intentional crime occurs when the perpetrator commits the crime and not based on his or her state of mind.

Since Su Bai raised such an objection.

And the relevant legal basis was put forward.

Then according to the procedure, such a judgment must be rejected and re-judged.

Boom!

The gavel struck.

"The defendant objected to this judgment and provided relevant legal basis. The court accepted the defendant's objection."

"Then the defendant believes that Chen Bin's subjective intention was when he was holding the knife and going to get it?"

"Please ask the defendant's litigation attorney to make relevant statements about Chen Bin's subjective intentions."

"Good judge."

When Su Bai faced the presiding judge's inquiry, he nodded slightly and said, "Presiding Judge, regarding Chen Bin's subjective intentions."

"I would like to ask Chen Bin to answer a few questions in court."

"application passed."

"Okay, thank you, presiding judge."

After getting the consent of the presiding judge, Su Bai looked at Chen Bin and asked:

"Chen Bin, what were you thinking when you stabbed Li Fei and Xu Bing with a knife?"

"My thought at the time was that they were bullying my mother, and I would not allow them to bully my mother."

"So the moment before you took the knife, did you want to kill them?"

"I don't.…"

"I just remember that Li Fei was playing with his private parts. I was really angry, very angry. Until I saw Xu Bing pulling my mother's clothes, I couldn't control it."

"There is only one thought in my mind, that is, no one is allowed to bully my mother, no one."

"Then when did you have the idea of ​​killing them?"

“It was when they pushed my mother’s head into the toilet, which was still stained.

I watched my mother keep struggling, but the group of people still pushed my mother's head into the toilet, and I had this impulse and thought in my heart. "

"I really hated that I didn't have any ability to resist at that time. I saw my mother being bullied by others, and I felt very uncomfortable."

"Why do they bully others?"

"Yes, my family took out a loan shark and should pay it back, but don't they know their interest rates?"

"We have only borrowed it for a month, and the interest has almost doubled!"

"They have come to so many people to collect debts, why don't they want to speak up?"

"We haven't reached the repayment date yet. Why don't they listen to our explanation and force us to pay back the money?"

"They just think we can't get the money, so they want to force us to sell off our assets!"

"But we never said we wouldn't pay back the money!"

"Why should you insult my mother?"

"My mother is so old, why should she still be insulted by them?"

The more Chen Bin talked, the more excited he became, and his emotions were out of control.

Boom!

Song Yuanhui banged the gavel, and Chen Bin calmed down.

Su Bai continued to ask:

"When you saw your mother He Lijuan being humiliated, you had crazy thoughts. Why didn't you take action immediately?"

"I don't dare...I'm afraid."

"Okay, thank you for your cooperation."

After Su Bai finished asking, he turned to look at the presiding judge's seat: "Chen Bin has made his statement very clearly."

"His subjective intention at the time was to protect his mother, He Lijuan."

"It's not the so-called killing in anger."

"The use of knives to cause the deaths of Li Fei and Xu Bing was not the result Chen Bin wanted to see."

"According to the explanation of intentional crime, although Chen Bin had such an idea, in fact, Chen Bin was afraid in his heart at the time."

"In committing the crime, there was no hope or laissez-faire attitude towards the occurrence of harmful consequences."

"Based on this, Chen Bin's behavior does not constitute criminal intent in criminal law."

"So we believe that under the circumstances, what Chen Bin did was just a defensive act to protect his mother."

"We requested members of the collegial panel to make a subjective judgment on Chen Bin's behavior at the time."

"Presiding Judge, we have finished our statement."

After Su Bai finished his statement, Song Yuanhui frowned slightly at the presiding judge's seat.

In fact, he never thought that Su Bai would plead not guilty.

After all, this case resulted in two deaths and three serious injuries!

And it was Chen Bin who took the initiative to commit crimes with a knife.

He thought that Su Bai might make a defense to reduce the sentence.

For example, plead against a sentence of life imprisonment or suspended death.

This is different from his determination of this case.

but!

The point is, what Su Bai said was based on legal basis and factual evidence.

Even if it is different from what he thinks.

But for Song Yuanhui, the most important thing about a case is to judge it based on legal basis and facts.

He can't make random decisions...

Faced with Su Bai's application.

Song Yuanhui looked at the other two members of the collegial panel, Shi Jiaming and Meng Hao.

Shi Jiaming and Meng Hao both shook their heads slightly.

Faced with this situation, they were a little surprised and needed further discussions before they could make a decision.

Boom!

Song Yuanhui sorted out the litigation materials and banged the gavel: "The court will now adjourn."

"The trial will continue in half an hour."

Along with the members of the collegial panel, they stood up and left the court hearing.

Su Bai was stunned for a moment...

Adjournment...?

Is this the legal basis stated by the members of the collegial panel and myself? Are their opinions inconsistent?

So do we discuss it after the court adjournment?

hiss.…

If this is really the case, then this case may become even more difficult to fight later.

Until the defense later...

Then it depends on the tendency of the collegial panel members...

But this is not a big problem.

If the judgment result and the facts are too biased.

Not to mention hot searches, he had already asked Li Xuezhen to explore the Northern Capital Supervision and Review Department.

When the time comes to go to the supervision and review department in Beidu, isn’t that a familiar journey?

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