Chapter 189: Not This Situation and You Still Want to Argue for Legitimate Defense?!

The prosecution completed its statement.

On the bench.

After Presiding Judge Song Yuanhui sorted through Lu An’s litigation application, he looked toward the victim’s family seating area.

“Now please invite the victim’s family members or their litigation agent lawyers to state their litigation applications.”

Faced with the presiding judge’s reminder.

The two agent lawyers of Li Fei and Xu Bing respectively delivered statements.

The content of the statements was very simple.

The general meaning was that Chen Bin needed to bear legal responsibility as well as criminal responsibility.

And they requested compensation in terms of civil liability.

The litigation applications put forward by the two entrusted lawyers of the victims.

Were generally conventional, without too many other additional requests.

The family members of Li Fei and Xu Bing’s two families, in fact their purpose was only to obtain money.

They did not have any other ideas.

It would be fine as long as they could obtain money, if they could not obtain money then that would be discussed separately.

After listening to the statements of the victims’ family members, Presiding Judge Song Yuanhui struck the gavel.

“The victim’s family members and their entrusted agents have finished their statements, next please invite the defendant party or the litigation agent lawyer to make statements.”

Hearing the presiding judge’s words, Su Bai lightly exhaled.

Judging from the current situation of this court hearing, most people were not optimistic about the defendant party.

Indeed.

According to ordinary circumstances, the prosecution’s proposal of intentional injury.

Did not have too much problem.

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

This was already an established factual result.

A suspended death sentence could not be avoided.

However this was a special situation, since Su Bai had accepted this case, then regarding its statutory circumstances, he had a certain understanding.

Intentional homicide?

He certainly had to refute this charge raised by the prosecution.

This court hearing for him indeed still had a certain degree of difficulty.

Especially in the determination of certain aspects.

This required the determination of the collegial panel, as well as the tendency of the collegial panel in interpreting and judging the legal provisions.

However.

Su Bai had already prepared for these matters, he took a deep breath and slightly raised his head to look toward the presiding judge’s seat.

“Alright Presiding Judge.”

“Our party’s litigation applications are as follows.”

“Our party requests rejection of the prosecution’s accusation of intentional homicide against our party, as well as the recommended death penalty sentence.”

“I believe that under the circumstances at that time, our party’s use of a knife to attack Li Fei and other debt collectors, constituted legitimate defense behavior, and did not constitute intentional homicide behavior.”

“Li Fei and other debt collectors entered Chen Bin’s home, and carried out infringing behavior against Chen Bin’s mother He Lijuan, this already constituted illegal behavior.”

“Chen Bin’s attack was based upon this established factual condition, and his behavior can be regarded as legitimate defense behavior.”

“Based on the above, our party makes a defense of innocence.”

“We request rejection of the prosecution’s proposal, and recognition of our party as not guilty.”

When Su Bai’s words fell.

In the courtroom, not only was Lu An’s expression somewhat surprised, even the members of the collegial panel on the presiding judge’s bench were somewhat surprised.

Because judging from this case.

Chen Bin’s criminal facts were clear, the evidence was conclusive, and he himself held a knife from his own home to carry out the attack behavior.

During this process Chen Bin did not suffer beatings or other such behavior.

To regard this as legitimate defense behavior made other personnel at the court hearing somewhat unable to understand.

Especially Lu An.

As the person in charge of this case, Lu An was very clear about the entire case as well as the relevant facts and evidence.

To constitute defense behavior, saying this was too far fetched, and moreover it was still a defense of innocence.

A defense of innocence.

This point was precisely what surprised the members of the collegial panel, because no matter how one looked at this court hearing, it did not belong to the situation and scope of a defense of innocence.

Bang bang bang!

On the presiding judge’s bench, Song Yuanhui struck the gavel.

“The litigation applications of all parties have now been stated, next please all parties begin stating the factual basis and legal basis.”

“However first here I want to ask the defendant party’s defense lawyer whether the defendant party confirms making a defense of innocence?”

“Yes Presiding Judge.”

After hearing Su Bai’s answer, Song Yuanhui then turned his gaze toward the prosecution.

“Next please the prosecution make a statement.”

“Alright.”

Lu An looked at Su Bai, then began his statement.

“Regarding the defense behavior raised by the defendant party, the prosecution does not agree.”

“The prosecution believes that Chen Bin committed the crime of intentional homicide with clear facts and with confessions and factual evidence as basis.”

“The crime of intentional homicide is divided into multiple situations, among them, according to Chen Bin’s confession, it can be clearly known what his subjective psychological condition was at that time.”

“His subjective psychological condition at that time was that he saw his mother being humiliated, and thus produced the impulse to want to kill people, this was his primary subjective intention.”

“This primary subjective intention has already shown that he had the intention to kill, and he put it into action.”

“In the course of this action, Chen Bin had sufficient time to think, and under the circumstances at that time, Chen Bin was not attacked.”

“That is to say.”

“The circumstances at that time left Chen Bin with great autonomous subjective conditions, choosing to use a knife to attack was his subjective intention, and causing the result of Li Fei and Xu Bin as well as the other three people being seriously injured was an established fact.”

“Under such circumstances, Chen Bin’s behavior has already constituted serious behavior endangering society, and moreover caused the death of others.”

“And legitimate defense mostly refers to resistance that erupts during the process of the infringement occurring, and on the subjective intention produces behavior of stopping the perpetrator which leads to the other party’s death.”

“Only under such circumstances can it be called legitimate defense, and legal responsibility is not pursued.”

“A situation like Chen Bin’s does not reach the degree of legitimate defense.”

“Prosecuting with intentional homicide applies the law, therefore the prosecution requests that the court sentence Chen Bin for intentional homicide.”

“The relevant factual basis and evidence have already been submitted by the prosecution.”

“The prosecution’s response is finished.”

The evidence was sufficient, the factual basis was sufficient.

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

He very much wanted to know from what angle the other party would conduct the defense regarding legitimate defense.

At the same time.

After Song Yuanhui finished listening to the prosecution’s response, he also turned his gaze toward the defendant party’s seat.

“The prosecution has already stated the relevant factual basis as well as evidence, next please the defendant party begin stating.”

“Alright.”

Su Bai slightly nodded: “Presiding Judge, first before stating, I want to refute one viewpoint of the prosecution.”

“In the prosecution’s statement it was indicated that Chen Bin’s subjective intention was to protect his mother and thus produced the idea of killing people, therefore based on this point confirming that Chen Bin committed an intentional crime.”

“Regarding this point I want to refute it.”

“The reasons are as follows, what the prosecution said was based on our party’s confession to determine that our party had a tendency toward intentional homicide.”

“However according to the statements of the prosecution and our party’s client as well as the evidence submitted by the law enforcement side, I did not see where this piece of evidence was.”

“In the interrogation process and procedure submitted by the law enforcement side.”

“Our party’s confession was that the client at that time took the knife in order to protect his mother from being humiliated.”

“And our party’s client also explained the situation at that time as well as the intention of his starting point.”

“The situation at that time was that He Lijuan, that is Chen Bin’s mother, was being humiliated.”

“Li Fei and Xu Bing, one exposed his own privacy and carried out verbal teasing, and another person forcibly tore He Lijuan’s clothing.”

“According to our party’s client’s confession, and the evidence submitted by the law enforcement side, He Lijuan at that time was wearing an off-white short-sleeved shirt; at that time Xu Bing used his right hand to pull the short sleeve on He Lijuan’s left arm down to a position ten centimeters (≈4 inches) below the shoulder.”

“Under such circumstances, Chen Bin used the knife, leading to the subsequent situation.”

“But in the entire interrogation and our party’s client’s confession, as well as other evidence and basis, it was never said that our party’s client at that time produced the idea of killing people.”

“I do not know from where the prosecution obtained this statement, and I request the prosecution to present relevant factual basis and evidence.”

Regarding what Lu An said, that Chen Bin at that time saw his mother being humiliated, and thus produced the idea of wanting to kill people.

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

Furthermore he had asked Chen Bin whether he had said such words.

Chen Bin shook his head and said no.

Then the prosecution saying such words would very obviously have a certain misleading nature regarding the judgment of the court hearing.

This point must be refuted.

Facing Su Bai’s question, Lu An said: “The situation at that time was obtained from the law enforcement side’s questioning of Chen Bin.”

“It was understood according to Chen Bin’s confession and subjective intention.”

The law enforcement side’s questioning?

Su Bai slightly frowned, he searched out the relevant evidentiary materials, but from the interrogation confessions as well as the relevant evidence he did not find it.

Thus he spoke:

“Then please the prosecution present the factual basis and evidence regarding the conclusion reached by the law enforcement side according to Chen Bin’s confession and subjective intention.”

Regarding Lawyer Su suddenly grasping onto this matter, Lu An slightly frowned.

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

But if he were asked to produce factual basis and evidence.

This really was not easy to produce.

At the same time, Lu An was also annoyed in his heart at why he said such a sentence.

Which resulted in Su Bai grasping the loophole in his language and prolonging the time of the court hearing.

However.

Although such a small loophole had been grasped, it did not affect the subsequent result of this court hearing.

It was only somewhat troublesome.

Facing Lu An’s silence, Su Bai clearly understood that in this court hearing, what was being faced was not only the prosecution’s accusation, but also the presiding judge’s subjective intention.

This was precisely a troublesome matter.

Thus he continued speaking:

“According to the evidence submitted in this case, the law enforcement side did not provide evidence in this aspect, the situation described by the prosecution is completely based on the prosecution’s personal judgment.”

“Our party has the right to suspect the legality of this piece of evidence.”

“If it is evidence induced or coerced from our party’s client, then it belongs to illegal evidence, and our party has the right to reject such evidence.”

“Presiding Judge, I request that our party’s client make a statement regarding this segment of the situation described by the prosecution, to verify whether the prosecution has provided false evidentiary proof.”

On the presiding judge’s bench, Song Yuanhui slightly frowned, he did not expect that according to the prosecution’s statement, Su Bai would directly request verification of the legality and illegality of the evidence.

Of course he also understood Su Bai’s purpose, the primary subjective purpose of rejecting such evidence was in order to determine that Chen Bin did not have the intention of intentional homicide.

Looking toward the defendant client’s seat, Song Yuanhui slowly spoke: “Then next please the defendant client state whether what the prosecution said is factual.”

“If it is factual, then what was the situation at that time.”

Facing the presiding judge’s inquiry, Chen Bin looked toward the defendant litigation agent’s seat.

Previously, Su Bai had already explained to him how to answer various questions during the court hearing.

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

Thinking of this, Chen Bin spoke: “Presiding Judge.”

“What the prosecution said is not factual.”

“I do not know what situation the prosecution is talking about, he said that I intentionally killed people, I do not know from where this viewpoint came.”

“Indeed there were law enforcement personnel who asked me similar questions.”

“As for the details of the questions, I cannot remember very clearly, I can roughly and vaguely remember that the law enforcement personnel asked me why I used a knife to stab Li Fei and Xu Bing.”

“My answer at that time was that I could not watch them bully my mother.”

“Although I am not very old and cannot fight more than ten people alone, I know that I must protect my mother well, I cannot let my mother be bullied like that by others.”

“Then the other party asked me whether when I saw them bullying my mother, did I want to kill them.”

“My answer was that I did.”

“The approximate content was like this, the specifics I cannot remember very clearly.”

Song Yuanhui as presiding judge continued to ask: “Then under what circumstances was it recorded at that time? Or in other words under what circumstances were you questioned?”

“At that time I remember it was during escorting me I think, it should have been on the road escorting me to the police station, when detaining me they also asked me several similar questions, but at that time there was not yet a written record made.”

“Are you certain that there was not yet a written record made?”

Regarding this last question, Chen Bin frowned tightly and shook his head:

“I am not certain, because my time on bail pending trial was too long, it has already been several months until now, I cannot remember very clearly.”

Bang bang!

“Alright.”

After listening to Chen Bin’s answer, Song Yuanhui struck the gavel, and conducted a simple sorting out of this case.

After taking a deep breath.

His gaze inadvertently looked toward the defendant party’s litigation agent’s seat.

If this case were handled by another lawyer defending Chen Bin.

It is possible that the court hearing would proceed relatively smoothly.

But with Su Bai acting as the litigation agent for the defendant party.

To be honest, if this case was to be pushed forward further, there were still some difficulties.

It required examining the detailed factors of the case step by step.

It was somewhat troublesome.

However.

These issues were all minor issues, the main issue lay in how this case should be adjudicated appropriately.

After all, as a case being tried in a live broadcast court hearing, this case still had a certain degree of public attention, and it would be very easy for the number of views to reach over a million.

Song Yuanhui silently recited this in his heart.