Chapter 193 Judgment: Not Intentional! Netizens Are Hotly Discussing!

Based on the statements of both parties and the counterarguments stated by Su Bai.

Now there is basically no problem with Chen Bin's subjective judgment.

after all.….

After Chen Bin had the idea of ​​deliberately killing Li Fei and Xu Bing, he called the police.

Such an act can be judged as a denial of Chen Bin's previous subjective intentional harm.

Based on this, through his oral confession, his subjective will can be judged as an unintentional crime.

Regarding Yu Chen Bin's behavior, the rest of the defense is very simple.

Song Yuanhui thought silently in his heart.

only.….

This is a live broadcast of the court hearing!

Su Bai directly used this call to police as evidence to support Chen Bin's subjective will.

This case is so popular that when the live broadcast of the trial is spread, the public will discuss the judgment and other aspects of this case.

There will definitely be intense discussion on why the call to the police led to this case.

It's troublesome.

but.…

No matter how big the public outcry is, or how serious the situation is, it has nothing to do with their court. He just needs to impose whatever sentence he wants.

.

….

Song Yuanhui recited silently in his mind, looked away from the litigation materials, and banged the gavel: "According to the pleas of both parties."

"The following summary will now be made."

"According to the prosecutor, when Chen Bin saw his mother being bullied, he developed hatred for Li Fei and others. This is used to determine that Chen Bin committed intentional crimes in his subsequent actions."

"To this point raised by the prosecution."

"After discussing the specific circumstances of the case and the relevant legal basis, the collegial panel made the following determination based on subjective and objective facts:"

"1: When Chen Bin developed hatred for Li Fei and others, he did not commit a crime. According to the understanding and application of intentional crimes in criminal law, Chen Bin does not constitute the conditions for intentional crimes."

"Two: Supplementary evidence includes: Chen Bin's own confession and his subsequent actions to call the police when he had this idea."

"Through the behavior of calling the police, it can be seen that Chen Bin was able to control his hatred for himself at that time and took the correct method, that is, calling the police to deal with it."

"Three: According to the scene at the time, from the subjective and objective facts, Chen Bin had the idea of ​​​​impulsive crime at the beginning, but did not commit it. Instead, Li Fei, Xu Bing and others attacked Chen Bin's mother He Lijuan. behavior that would further insult the situation."

"based on above."

"After discussion, the collegial panel determined that Chen Bin did not commit any subjective intentional behavior in this case."

Boom!

The gavel struck.

"Does the parties have any objections?"

Song Yuanhui's decision to knock the gavel this time was completely different from the last time.

The last time it sounded, it was a subjective and intentional act.

But this time, there was no subjective intentional behavior.

Once this judgment is established, Chen Bin will not be charged with intentional homicide or intentional crime, and will be directly transferred from the death penalty to a fixed-term prison sentence.

Su Bai definitely agreed with the court's decision.

"We have no objection."

.

….

At the prosecutor's seat.

Faced with this judgment, Lu An looked calm.

After Su Bai rebutted and raised the issue, Chen Bin called the police.

He already knew that the collegial panel might determine that Chen Bin was not intentional.

for this judgment.

He has already stated what he should state as a prosecutor, and there really is nothing to object to.

only.….

It was not subjectively intentional, but it was determined to be involuntary homicide.

In this case, he did not agree that Chen Bin acted in self-defense.

Why?

Because the other party caused the death of two people and serious injuries to three people.

Especially in this case, he accused Chen Bin of intentional homicide and recommended the death penalty.

Forget it if it is determined to be involuntary manslaughter.

But if it is determined to be an act of self-defense, then what does he, the prosecutor, say...

The level seems too low.

Zhang Meng on the side saw Lu An's thoughts, and his eyes told him to calm down.

Lu An took a deep breath, nodded silently, and then said: "Presiding Judge, we have no objection."

.

….….

At this time, the family members of the deceased in the injured party’s seat asked their lawyer:

"Lawyer, does this affect our request for money?"

Appointed lawyer: “….”

"It doesn't affect it."

"That's good, as long as it doesn't affect getting money."

Li Fei's wife nodded seriously.

Xu Bing's family members on the other side also asked, and when they got the answer, the expressions on their faces instantly relaxed a lot.

There is only one requirement for the victim's family in this case, and that is to get money.

All judgments are based on this.

As long as it doesn't affect them asking for money.

For Li Fei’s wife and Xu Bing’s family members.

They don't have much affection for Li Fei and Xu Bing.

Because Li Fei and Xu Bing, as debt collectors, usually shout and shout outside to collect debts.

After collecting the debt, I was able to get a lot of money, but I didn't get any of it back home.

After making money, just mess around outside.

Take Li Fei's wife as an example. She takes care of her two children and relies on her usual odd jobs to support her family.

As well as relief for Li Fei’s parents.

But Li Fei ignored him and even insulted and attacked his family members when he returned home.

The situation inside Xu Bing's house is similar to that inside Li Fei's house.

Therefore, the family members of the two people naturally do not have much affection for them.

Even for the two families, this is actually a good thing.

.

….….

At the court hearing.

After the verdict comes down, the happiest person should be the defendant.

After hearing the verdict.

Chen Bin's face turned red with excitement. He knew that he could not be sentenced to death!

The melancholy face of He Lijuan on the side instantly turned into joy.

Although she didn't understand the law, she knew what it meant for this judgment.

While Chen Bin was in custody, as a mother, she learned a lot about relevant legal content.

Generally speaking, they are about how to avoid being sentenced to death if you commit a crime and kill someone.

In other words, how can we give a suspended death sentence?

Among them, the difference between intentional and unintentional is mentioned.

It was determined that it was not intentional, which meant that Chen Bin was directly sentenced to a fixed-term prison sentence!

He Lijuan looked at Su Bai excitedly, while Li Xuezhen patted her shoulder gently: "Believe in Lawyer Su."

"OK.."

He Lijuan nodded seriously.

.

….….

At the same time, Luo Daxiang was in the live broadcast room.

There were many comments from fans in the comment area, most of which were directed at the presiding judge's decision.

"Hahaha! Damn it! Lawyer Su is too cruel. Such an accusation of intentional crime has been turned into unintentional by Lawyer Su? Doesn't that mean he will be acquitted?"

"The verdict of unintentional just means that the death penalty will definitely not be imposed. How can we get an acquittal? It would be difficult to acquit in this case. After all, two people died and three were seriously injured!"

"That's right! But changing from the death penalty to a fixed term is pretty awesome!"

"indeed!"

While others were commenting on relevant matters during the court trial, a comment with a different viewpoint suddenly appeared in the comment area.

"Lawyer Su was really good at this trial."

"But more than that, what I'm more concerned about is the situation at that time. Why didn't anyone drive away the group of debt collectors who broke into Chen Bin's house!"

"You know, those debt collectors have already entered Chen Bin's house! I don't know much about the law, but I also know that these debt collectors entering Chen Bin's house is equivalent to infringing on other people's rights, right?!"

"It should have constituted an illegal act, right?"

"If these debt collectors had been driven out of Chen Bin's home and dealt with, I guess there would be no such case now, and the death of the two debt collectors would not have been caused, right?"

"Fuck! I just realized what you said. This thing is true. Judging from Lawyer Su's defense, it seems that these debt collectors were not driven away, so they became more and more arrogant. Later, they directly attacked Chen Bin's mother He Lijuan. of!"

"Speaking of this, I suddenly became interested! In the follow-up to this trial, will Lawyer Su finish the trial directly and then turn around and go to the supervision and review department? Will he arrive in half an hour after the lawsuit?"

"Ahem...I don't think so. Lawyer Su is from Nandu. He has been to Nandu's departments many times and knows where they are. It may take a while for Beidu. I estimate it may take an hour."

"Hahaha, I'm looking forward to it!!"

"+1+1+1+1+1+1"

“….”

Luo Daxiang looked at the discussion in the comment area and smiled slightly.

According to Su Bai's personality.

In this case, we definitely won't let it go.

Su Bai's personality is specific to the cases he takes over, and he will never miss those who commit crimes.

What follows...

If it goes as he expected, there should be a more typical case to fight.

However, there is currently no result in the case against Chen Bin.

For the time being, we need to take a look at the current court situation.

only.…

No matter how you say it, Chen Bin's case resulted in two deaths and three serious injuries, and he was acquitted... It's very suspenseful.

The last time Qi Feng was acquitted, it was because the presiding judge at the time had the idea of ​​promoting self-defense.

He is also the deputy dean of the High Court, which is a relatively senior level.

Chen Bin's case was heard by the Intermediate Court. The presiding judge was relatively low-level and the verdict would be more conservative.

These are all Luo Daxiang's speculations.

As for how to judge, he is not very clear.

Shaking his head and not thinking any further, Luo Daxiang returned his attention to the court hearing.

.

….

In the courtroom.

In the seat of the presiding judge.

Song Yuanhui made a subjective judgment on Chen Bin, and after hearing that there were no objections from all parties, he nodded slightly.

As long as there is no objection to this judgment.

Then the next progress can be better promoted.

Based on the statements made by both parties, Song Yuanhui could tell that in this trial, one party wanted a verdict of self-defense, while the other wanted a verdict of guilty.

Su Bai's idea was very clear, and that was to defend himself in self-defense.

The direction of the prosecutor's next debate is also very clear.

Since it was not intentional, it would be stated as excessive defensive behavior.

In fact, Su Bai had already won the trial, but the same sentence remained.

For Su Bai, winning the lawsuit is not the goal.

The goal is to win by as much as possible!

Boom boom.

The hammer struck, and Song Yuanhui looked at the litigation materials and the evidence submitted by both parties and spoke:

"Both parties have no objection. According to what the defendant put forward, you believe that Chen Bin was exercising legitimate defense. So what do you think is the reason for Chen Bin's legitimate defense?"

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

"Okay, Judge."

After hearing the presiding judge's inquiry, Su Bai knew that this was the final verdict.

Breathe softly:

"We believe that the reason for Chen Bin's legitimate defense is:

Under the circumstances at that time, Li Fei, Xu Bing and others seriously infringed upon their legitimate rights and interests of personal freedom and dignity. "

"And this illegal infringement is ongoing and continuing."

"The actions we carried out were to prevent Li Fei and others from continuing to illegally infringe on us."

"That is to say, we believe that we are acting in legitimate defense."

.

…

Boom!

"Does the prosecutor have anything to say?"

Lu An spoke:

"For some presiding judges, we believe that the other party did not have legitimate defense and should be deemed as excessive defense."

"First of all, based on the understanding and application of legitimate defense, and situations that do not fall within legitimate defense."

"Situations that do not constitute legitimate defense include: inappropriate defense, imaginary defense, excessive defense, provocation of defense, accidental defense, fighting with each other, etc."

"In Chen Bin's case, it is obviously a case of excessive defense."

"First of all, to judge whether the defense is excessive, we should consider the nature, means, intensity and degree of harm of the unlawful infringement, as well as the nature, timing, means, intensity, environment and consequences of the damage of the defensive behavior."

"In defense of an illegal infringement that illegally restricts another person's personal freedom and is accompanied by insults, minor beatings and is not very urgent, resulting in death or serious injury."

"It should be determined that it clearly exceeds the necessary limit and causes significant damage as stipulated in Article 20, Paragraph 2 of the Criminal Law."

"In the case of Chen Bin, the illegal infringements committed by Li Fei, Xu Bin and others on He Lijuan and Chen Bin were obviously only insults and minor beatings, and did not cause serious consequences or injuries."

"But Chen Bin's use of knives caused two deaths, three serious injuries and several minor injuries to other people. It obviously exceeded the necessary limit and caused significant damage."

"So we believe that in this case, the judgment should be based on the fact that the defensive measures clearly exceeded the necessary limits and caused significant damage."

"Based on the above behavior, we ask the court to severely sentence Chen Bin for his behavior."

"Presiding judge, we have finished our statement."

Statement completed.

Lu An simply sorted out the litigation materials.

The court determined that Chen Bin did not do it intentionally.

According to legal regulations and interpretations, he has no opinions.

However, he did not agree with the determination of self-defense.

Because Chen Bin's behavior clearly exceeded the limits of legitimate defense.

Of course, Lu An's statement needs to be judged by the court.

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