Chapter 195 The Verdict Is Final! Xiao Li: Looking Forward to the Next One!

During the recess.

Song Yuanhui has completed sorting out the relevant litigation materials.

Based on discussions with Meng Hao, a rough judgment was made.

Only the final court statement is required, and the verdict can be announced on the spot.

Soon, the adjournment ended.

Accompanied by three members of the collegial panel, they walked into the court hearing room.

Court begins again.

All parties in the trial also know that after this court session, after the court statements are made, the result of the trial will most likely be announced directly.

Everyone present was nervous except for the defendant.

There is also Lu An.

After all...the judgment of the court will affect his work.

Su Bai had a rough judgment on the verdict.

There's not a lot of tension.

There are only two situations for Yu Chen Bin’s judgment.

It is either legitimate defense or excessive defense. If it is judged as excessive defense, the sentence will not be too severe.

It cannot be more than three years.

This was Su Bai's expectation.

As for the litigation lawyers of the victims' families, the main content this time is the litigation compensation costs.

It doesn’t matter whether you win the case or not.

also.

Faced with a top lawyer like Su Bai, the victim's litigation lawyer can only ask the legal side to mediate the compensation costs out of court.

.

….….

at the same time.

Inside Wandai Co., Ltd., Liang Xingyuan’s bald scalp wrinkled and he touched his head.

In this trial, Chen Bin should be found not guilty, right?

If that's the case

That had a big impact on him!

His future loan business will not be easy to develop!

It will also have a huge blow to the self-confidence of the people under him!

If the business cannot be launched in the future, what will his company do?

You must know that the profits this company brings every year are very huge!

If this matter cannot be carried out, or the debt collection business cannot be carried out, then wouldn't it be the end of the world?

Liang Xingyuan became upset while watching the live broadcast of the trial, and shut down the computer with a snap.

He took out his cell phone and didn't know who he called.

….

At the court hearing.

Song Yuanhui sat on the presiding judge's seat.

During the adjournment, he had discussed various situations with Meng Hao. Regarding this case, he knew very well what the situation should be and how it should be judged.

During the presentation stage, there will be no matters that deviate from the verdict.

What if it really does happen?

If it does happen, let’s bang the hammer again and adjourn the court to discuss the outcome.

It's not a big problem.

Boom!

The gavel struck.

Entering the final trial stage.

"The adjournment is over. Regarding the previous court arguments, do the parties have anything to add?"

Su Bai: "No."

Lu An: "No."

Victim's Advocate: "No."

.

….

Boom!

"Then the court statement will begin, and the prosecutor will begin his statement."

"Good judge."

Final court statement.

Lu An sorted out the relevant litigation materials, took another one from Zhang Meng, and then spoke slowly:

"President, the prosecutor's court statement is as follows:"

"In this case, the prosecutor believes that Li Fei, Xu Bing and others have corresponding faults."

"Illegal intrusion into another person's home violates the other person's right to privacy and commits criminal acts against others, such as insulting others, insulting their personality restrictions, and their personal freedom, etc."

"In this regard, we believe that Li Fei, Xu Bing and others should bear part of the responsibility for this case."

"But on the other hand, although Li Fei, Xu Bing and others have violated the law, their right to life should also be protected."

"When Li Fei, Xu Bing and others committed criminal acts, they did not cause excessive harm to society."

"Regarding Yu Chen Bin's defensive behavior, which resulted in the death of two people, serious injuries to three people, and minor injuries to several others, the prosecutor believes that Chen Bin's defensive behavior was excessive and far exceeded the limit of legitimate defense."

"According to the situation of excessive defense in our country's criminal law, we should accept the legal judgment."

"Please ask the court to consider the right to life of Li Fei, Xu Bing and others to judge Chen Bin's excessive defense behavior!"

"Presiding Judge, we have finished our statement."

Lu An's statement was relatively straightforward. First, he proactively admitted the illegal behavior of Li Fei, Xu Bing and others in entering Chen Bin's house.

The second is to separate this illegal behavior from legitimate defense and excessive defense.

The underlying meaning is that Li Fei, Xu Bing and others indeed broke into Chen Bin's home illegally.

Trespassing is a crime of trespassing and has nothing to do with self-defense.

There is no necessary connection between the two.

To put it bluntly, the fact that Chen Bin was overly defensive is established.

Even if there were any other circumstances, it would not affect the determination that Chen Bin's defense was excessive.

It must be said that Lu An's court statement was of a very high level.

Facing Lu An's statement, Su Bai smiled slightly and looked up at the presiding judge's seat.

Boom!

“Now let’s ask the victim’s lawyer to make a statement.”

The victim's lawyers basically made no comments during the trial.

Because this trial mainly focused on Chen Bin’s criminal responsibility.

Their victim's claim is civil liability for compensation.

Therefore, the victim's lawyer has little opportunity to speak.

During the court presentation stage, they only raised the liability for civil compensation, and wanted the court to come forward and conduct private mediation.

Song Yuanhui agreed in court with the opinions of the victim’s lawyer.

"Okay, regarding the civil compensation requested by the victim's family, the court will conduct corresponding mediation out of court."

"The prosecution has finished its statement. Now let's invite the defendant's attorney or litigant to make a statement in court."

"Good judge."

Su Bai nodded.

After the second adjournment, it is estimated that the collegial panel has already discussed the corresponding verdict.

Court statements only further influence the subjective judgments of the collegial panel members.

How to make court presentations.

Su Bai had already prepared it, and facing the prepared statement materials, he spoke:

"Presiding judge, our court states as follows:"

"We believe that according to the legal causal relationship, the cause of this case was that Li Fei, Xu Bing and others illegally broke into Chen Bin's home and caused the case."

"And unlawfully harmed our client and his mother."

"This is why our client acted defensively."

"The difference between legitimate defense and defensive behavior is a matter of limits. According to the law, legitimate rights and interests are understood to be personal freedom, the right to life, and the legitimate rights and interests of dignity and personality."

"Li Fei and others illegally broke into Chen Bin's home. The infringement committed by Chen Bin was serious and affected the personal freedom, dignity and personality of our client."

"And due to domestic culture, the concept of family affection is very important. Chen Bin saw that his mother was exposed to dirty words and hints about her private parts, and even took action."

"In Chen Bin's view, this is a serious insult and a serious illegal infringement."

"This has involved serious infringement on the personal freedom, dignity and personality of Chen Bin and his mother."

"Even for some people with serious ideas, this is tantamount to cruel killing of their dignity and personality."

"In this regard, I believe that personal freedom and dignity, personality and personal security are equivalent."

"There is a saying that is very good. Life is precious, but for some people, freedom, dignity and personality are more important."

"That is, we believe that Chen Bin's behavior does not constitute excessive defense, but is just exercising his own legitimate defense."

"Presiding Judge, our court statement has been completed."

After finishing his statement, Su Bai breathed a sigh of relief.

The purpose of this statement is to place human dignity on an equal footing with personal liberty and life.

That is to say...

Li Fei, Xu Bing and others caused illegal harm to Chen Bin and his mother.

The consequences of Chen Bin's defensive behavior are equal.

Hence there is no conduct beyond the obvious limits.

In other words, this can be regarded as an act of self-defense.

only.…

If you want to equate restrictions on personal freedom and human dignity with the right to life, it depends on what the presiding judge thinks.

At present, everything that needs to be stated has been stated, and the next step is to see the judgment of the collegial panel.

After hearing Su Bai's statement, Song Yuanhui sorted out the court statements from the prosecutor and the defendant.

He looked at Meng Hao, then nodded slowly and struck the gavel.

"Now that all parties have completed their presentations, do the parties have any objections to the defense and court statements during this trial?"

Su Bai: "No objection."

Lu An: "No objection."

Victim's Litigation Lawyer: "No objection."

Boom!

“There is no objection from all parties, let’s start announcing the verdict!”

Clerk: "Everyone stand up and ask the presiding judge to announce the verdict!"

Everyone stood up and all eyes were focused on the judgment seat.

Presiding judge Song Yuanhui began to read out the verdict:

"The cause of this case is that the prosecutor, as the public prosecutor, prosecutes the criminal suspect Chen Bin for intentional homicide, causing the death of two people and serious injuries to three people, and applies for a court judgment."

"Recommended sentence: death."

“The laws applicable to this court’s jurisdiction over this case shall all be in accordance with domestic laws.”

"The verdict is announced below:"

"Based on the decision of the Comptroller's Tribunal, regarding the public prosecution initiated by the public prosecutor and the civil liability attached to the prosecution, the verdict is now as follows:"

"The prosecutor charged the criminal suspect Chen Bin with intentional homicide."

"The court made the following determination based on the evidence and the circumstances at the time:"

"1: In view of the circumstances of the case, Chen Bin did have an impulse to commit a crime at the beginning, but this criminal impulse was within a reasonable range. He did not commit criminal acts, but dealt with it through legal channels. Corresponding events.”

"So the actions taken against Chen Bin were deemed unintentional and defensive."

"The deaths of Li Fei and Xu Bing, as well as the serious and minor injuries of others, were caused by Chen Bin's defensive behavior."

"Two: It is an illegal act for Li Fei, Xu Bing and others to break into Chen Bin's home, and Chen Bin has the right to defend him."

"Three: Regarding whether Chen Bin's defense is legitimate defense, the court made the following determination based on the facts, Chen Bin's subjectivity and relevant evidence:"

"The difference between legitimate defense and excessive defense lies in the restricted behavior."

"Li Fei, Xu Bing and others broke into Chen Bin's home, which was an illegal act and was determined to be true. Chen Bin can defend himself against this."

"During the process of defense, Li Fei and others did not pose a threat to the personal safety of Chen Bin and his mother He Lijuan."

"But it caused trampling on the spirit, personality and dignity."

"He Lijuan and Chen Bin's personality and dignity, as well as their personal freedom and freedom of conduct, have been illegally violated.

Chen Bin's defensive behavior resulted in the deaths of Li Fei and Xu Bing, and the serious injuries of three others. "

"During this process, the court held that He Lijuan and Chen Bin suffered trauma during the illegal infringement, and the defensive behaviors they carried out clearly exceeded the necessary limits."

“Thus, the court determined that Chen Bin’s defense was excessive!”

"But due to the influence of other external factors: for example, Li Fei and others illegally entered Chen Bin's home and committed crimes, and Li Fei and dozens of others broke into Chen Bin's home to commit illegal infringements.

In this process, Li Fei and others were at a military advantage. "

"Taking into account the above factors, the court said that Chen Bin's excessive defensive behavior was understandable from the legal perspective."

"That is, Chen Bin is sentenced to one year and six months in prison, suspended for two years!"

"Dismiss the prosecution's application for intentional homicide against Chen Bin."

“The prosecutor’s recommended sentence is not supported.”

"In addition, regarding the civil compensation requested by the victim's family, the court will negotiate civil compensation between the victim's family and the defendant after the court."

“According to the provisions of my country’s Procedural Law, if both parties determine that the facts of the judgment or the basis for the judgment are wrong, they can submit a request for supervision, review or retrial to the relevant departments after the court is closed.”

"The judgment will be issued to all parties within ten days of the closing of court."

The gavel was struck to announce the result.

"Closed court!"

Song Yuanhui's serious voice fell, and the verdict was determined.

After hearing the verdict, Su Bai breathed a sigh of relief.

Sentenced to a suspended sentence...

It is understandable that the court did not adopt his self-defense defense.

after all.…

Generally speaking, in a case like this, the intermediate court will adopt a relatively conservative penalty.

Say it again.

In terms of legal definition, the right to life takes precedence over other legal rights and interests.

The suspended sentence already represents the view of the collegial panel.

Although self-defense was not achieved, the trial was considered a victory!

Um.…

Su Bai was relatively satisfied with the verdict this time.

After this fight, we have to rush to the next one...

Su Bai stretched out and noticed that Li Xuezhen's eyes were shining on him.

? ? ?

Li Xuezhen: Lawyer Su! I'm looking forward to the next one!

Su Bai:….

in addition.

At the prosecutor's seat, Lu An looked quietly at the defendant's attorney's seat.

Take a deep breath.

Originally, he was still thinking that if this trial really ruled as self-defense, it would be obviously unreasonable.

A protest is definitely required.

But the court ruled that the defense was excessive.

Judgment of excessive defense...

The sentence was suspended and the sentence was somewhat light.

Considering that this case was indeed caused by the illegal intrusion of Li Fei and Xu Bing.

Li Fei and Xu Bing need to bear corresponding responsibilities.

It would be difficult to protest against such a verdict.

It is estimated that the court also understood that if the case was ruled as self-defense, the procuratorate would definitely disagree, so it was ruled as excessive defense.

call.…

Lu An went through the general logic in his mind, while Zhang Meng on the side compiled the relevant materials.

"The court has ruled this way. There is no big problem. Just pack your things and leave. Go back and organize your files and get ready to get off work."

"Um!"

Lu An nodded, said nothing more, and lowered his head to collect the materials.

.

…

The sentence was suspended.

Of course, the happiest people during the trial were Chen Bin and He Lijuan.

The moment Chen Bin heard the verdict, he bowed deeply to the seat of the trial bench and at the same time, he bowed deeply to the seat of the defendant's litigation attorney.

"Thank you, the presiding judge, and thank you, the attorney."

At the trial table, Song Yuanhui glanced in the direction of Su Bai unconsciously after hearing Chen Bin's thanks.

He nodded lightly: "The judgment against you was obtained according to the law. I made the judgment according to the law. There is no need to thank me so much."

"But I want to remind you here that you are not allowed to commit crimes during your probation period, otherwise the sentence will be increased."

"We will not be allowed to be so impulsive in the future. If anything happens, call the police..."

As if he remembered something, Song Yuanhui's face looked a little unnatural when he finished saying this.

He waved his hand and said: "Okay, after completing the procedure, have a good time with your family."

"Okay, presiding judge, I will definitely not be so impulsive in the future!"

Chen Bin nodded excitedly and bowed deeply.

"Um!"

Song Yuanhui snorted lightly, and then, after sorting out the materials, he and the other two members of the collegial panel left the court hearing.

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