Chapter 190: Refuting the Determination! Raising an Objection!

There were many people paying attention to Chen Bin’s case.

Song Yuanhui’s considerations were very thorough.

At present only the number of people watching through the court hearing live broadcast network.

Had already reached nearly two hundred thousand person times.

This was still the traffic volume within only half an hour after the court session had begun.

Those watching through the legal commentators’ live broadcast rooms added together amounted to even more traffic.

If the judgment were not good.

Then for him as the principal adjudicating personnel, there would certainly be a certain degree of influence.

At the same time.

Inside Luo Daxiang’s legal commentary live broadcast room, many people were watching the content of the court hearing.

The comment section was also very interesting.

Lawyer Su, worthy of being Lawyer Su, as soon as he takes action it is a defense of innocence!

I have to say that regarding this case I support Chen Bin, because the situation Chen Bin faced was too extreme.
In other words, who could endure the situation at that time?
If it were me I definitely could not endure it either, this kind of conduct is obviously legitimate defense!
No problem!

To be honest, everyone may encounter this kind of situation, if Chen Bin is really judged to lose the case then I do not have any opinion, but psychologically I still feel somewhat uncomfortable.

Yes! However this case has a turning point right?

We saw just now that Lawyer Su refuted the evidence put forward by the prosecution, can someone explain what happened with this evidence?
Could it be that it is being said that the law enforcement side is suspected of fabricating evidence?
This kind of statement cannot be made carelessly!!

Luo Daxiang saw that the comment section was discussing this piece of evidence, and smilingly explained.

“This piece of evidence was not submitted to the court, and does not involve fabricating evidence.”

“It was only that the prosecution brought up this matter, and Lawyer Su refuted this point.”

“However this also negated what the prosecution proposed regarding Chen Bin’s subjective intention.”

“So at present the main point of argument lies in making a general determination regarding the subjectivity of Chen Bin at that time when he used the knife to attack Li Fei, Xu Bing, and others.”

“But because Chen Bin personally admitted that he had the idea of killing people, it is still relatively troublesome to deny the subjectivity of intentional homicide.”

“To be honest, I have not studied this case in depth, and I am not very familiar with the specific situation.”

“However the defendant party’s lawyer as a nationally top criminal lawyer should have corresponding responses regarding this aspect.”

“Let us continue watching, the subsequent arguments in this court hearing should still be relatively exciting.”

Luo Daxiang smilingly spoke, and the people in the live broadcast room once again shifted their attention back to the courtroom.

In the courtroom.

After Song Yuanhui finished listening to Chen Bin’s statement as the client, he struck the gavel.

“Regarding what the prosecution proposed, that Chen Bin’s criminal subjectivity was that he saw an extreme situation and thus produced the idea of killing people.”

“Chen Bin’s oral statement viewpoint is.”

“Under the circumstance of an extreme situation, he produced in his heart the idea of wanting to kill people.”

“According to Chen Bin’s in court confession.”

“Based on this it is determined that Chen Bin had the subjective intention of intentional homicide, do all parties have any objection?”

Lu An: “No objection.”

This still needed to be said?

There was certainly an objection.

If this determination were really reached, then for this case to continue making arguments through defense behavior would basically become impossible.

Su Bai raised his hand to indicate: “Presiding Judge, I have an objection to this determination.”

“What objection do you have?”

Song Yuanhui slightly frowned.

Su Bai did not pay attention to Song Yuanhui’s displeased expression, and continued speaking:

“First, according to the determination just made by the presiding judge.”

“Chen Bin saw his mother being humiliated, produced the idea of wanting to kill people, and thus determined that Chen Bin’s subjectivity was intentional homicide.”

“Our party does not agree with this point.”

“Why does your party make a different determination? State your legal basis.”

“Alright!”

Su Bai spoke:

“According to common sense as well as the objective facts of the situation at that time, Chen Bin produced the idea of wanting to commit a crime because his mother He Lijuan was being humiliated.”

“However the idea of wanting to commit a crime is not equivalent to being within criminal conduct.”

“According to what is stated in criminal law theory regarding intentional crime, it refers to when the actor during the process of implementing criminal conduct clearly knows that his criminal conduct will produce results that endanger society.”

“The key point of intentional crime is the actor during the process of implementing criminal conduct.”

“Then was Chen Bin’s production of the idea of killing people during the process of implementing criminal conduct?”

“It was not.”

“Chen Bin produced the intention of killing people when he saw his mother begin to be humiliated, this time point had not yet implemented criminal conduct.”

“How to determine the actor’s intent is a very complex problem, and one must adhere to the principle of unity between subjectivity and objectivity.”

“One must consider both the actor’s cognitive capacity, and also consider other objective environmental conditions at the time of the incident, as well as the entire process of the incident.”

“Therefore our party believes that merely because of one sentence that he once had the idea of killing people, to determine that during the process when Chen Bin held the knife his subjective intention was to kill people.”

“Is too arbitrary, and has no legal basis.”

“Consider the process of the incident.”

“At that time Chen Bin’s mother was being humiliated, Chen Bin was standing inside the room, and there were several other people watching him.”

“Under such circumstances, Chen Bin’s mother was the victim, then was Chen Bin also a victim?”

“Our party believes that one should consider Chen Bin’s subjective intention during the process when he held the knife.”

“And not determine that Chen Bin had the subjective intention of intentional homicide based on the fact that at the very beginning Chen Bin had the intention of killing people.”

“Therefore regarding the determination just now, our party believes that it completely belongs to an error in the application of law.”

“I request the members of the collegial panel to consider this factor, and then continue to determine whether Chen Bin committed intentional crime as well as the circumstances of intentional homicide.”

“If the members of the collegial panel can present legal facts or basis to make this determination, then our party is willing to listen to the legal explanation of the collegial panel members.”

On the bench.

Presiding Judge Song Yuanhui silently looked toward the two other judges on his left and right.

Noticing that the expressions of the two other judges were serious.

Although in his heart he felt angry regarding Su Bai’s conduct of raising questions in court.

What he said was supported by reason and evidence.

According to the legal explanation stated by Su Bai, the determination he just made indeed could not stand firmly.

Intentional crime refers to when the actor implements criminal conduct, and not according to his psychological state.

Since Su Bai raised such an objection.

And raised corresponding legal basis.

Then according to procedure, such a determination must be rejected and determined again.

Bang bang!

The gavel struck.

“The defendant party has raised an objection regarding this determination, and has put forward corresponding legal basis, the court accepts the defendant party’s objection.”

“Then what does the defendant party believe Chen Bin’s subjective intention was during the process when he held the knife and went to take the knife?”

“Please the defendant party’s litigation agent make a relevant statement regarding Chen Bin’s subjective intention.”

“Alright Presiding Judge.”

Facing the presiding judge’s inquiry, Su Bai slightly nodded and spoke: “Presiding Judge, regarding Chen Bin’s subjective intention.”

“I would like to request that Chen Bin answer several questions in court.”

“Application approved.”

“Alright, thank you Presiding Judge.”

After obtaining the presiding judge’s approval, Su Bai looked toward Chen Bin and asked:

“Chen Bin, when you took the knife and stabbed toward Li Fei and Xu Bing, what was your thought in your heart?”

“My thought in my heart was that I could not allow them to bully my family members.”

“Then at the moment before you took the knife, did you think about killing them?”

“I did not.”

“I only saw that the other party was extremely arrogant, and moreover was making bodily movements that were very improper.”

“In addition I saw the other party pulling at my family members, and I could not control myself.”

“I could not accept that anyone bullied my family members.”

“Then when did you have the idea of killing them?”

“It was when they became more and more excessive, my emotions at that time were very intense, and I could not control myself.”

“I heard my family members continuously calling my name, at that time this impulse and idea appeared in my heart.”

“I really hated that at that time I did not have any ability to resist, I watched my family members being bullied by others, and I felt very uncomfortable in my heart.”

“Yes, my family borrowed money, and we should repay it, but regarding their interest rate, did they themselves not know it clearly?”

“We only borrowed for one month, and the interest had almost doubled!”

“They brought so many people to collect debts, why were they unwilling to speak properly?”

“We had not yet reached the repayment date, why did they not listen to our explanation and forcibly compel us to repay the money?”

“They just thought that we could not produce the money, so they wanted to forcibly compel us to sell our assets!”

“But we never said that we would not repay the money!”

“On what basis did they humiliate my family members?”

“My family members are already so old, on what basis did they still have to suffer their humiliation?”

The more Chen Bin spoke the more emotional he became, and his entire emotional state became uncontrollable.

Bang bang!

Song Yuanhui struck the gavel, and Chen Bin’s excited emotional state then calmed down.

Su Bai continued to ask:

“At that time when you saw your family member He Lijuan being humiliated, you produced a frenzied idea, why did you not immediately put it into action?”

“I did not dare, I was afraid.”

“Alright, thank you for your cooperation.”

After finishing the questioning, Su Bai turned his head to look toward the presiding judge’s bench: “Chen Bin has already stated very clearly.”

“His subjective intention at that time was to protect his mother He Lijuan.”

“And not the so called killing in anger.”

“Using the knife resulted in the deaths of Li Fei and Xu Bing, this was not a result that Chen Bin wanted to see.”

“According to the interpretation of intentional crime, although Chen Bin produced such an idea, in fact Chen Bin’s heart at that time was fearful.”

“During the implementation of the conduct, regarding the occurrence of the harmful result, he did not hold an attitude of hope or indulgence.”

“According to this point, Chen Bin’s conduct cannot constitute the intent of crime as stated in criminal law theory.”

“Therefore our party believes that under the circumstances at that time, what Chen Bin did was only defense conduct carried out in order to protect his mother.”

“Our party requests the members of the collegial panel to determine Chen Bin’s subjectivity at that time.”

“Presiding Judge, our party’s statement is finished.”

After Su Bai finished his statement, on the presiding judge’s bench, Song Yuanhui slightly frowned.

In fact he had not expected that Su Bai would make a defense of innocence.

After all this case resulted in the situation of two deaths and three serious injuries.

And Chen Bin actively held a knife to carry out criminal conduct.

He had thought that Su Bai might make a defense for sentence reduction.

For example making arguments regarding life imprisonment and suspended death sentence judgments.

This was somewhat different from his determination regarding this case.

However.

The key point was that what Su Bai said was all based on legal basis and factual evidence.

Even if it was somewhat different from his determination.

For Song Yuanhui, the most important thing in a case was to make a determination according to legal basis and facts.

He could not make arbitrary judgments.

Facing the application raised by Su Bai.

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

Shi Jiaming and Meng Hao both slightly shook their heads.

Facing this situation, they were also somewhat surprised, and needed to conduct further discussion before they could make a determination.

Bang bang!

Song Yuanhui sorted the litigation materials and struck the gavel: “The court now adjourns.”

“After half an hour, the court hearing will continue.”

Accompanied by the members of the collegial panel standing up and leaving the courtroom.

Su Bai was stunned for a moment.

An adjournment?

Was this because the legal basis stated by the members of the collegial panel did not conform with what he had stated?

So they would conduct discussion after the adjournment?

If this were really the case, then this case might become even more difficult to argue later.

As for the subsequent arguments.

Then it would depend on the tendency of the members of the collegial panel.

However this kind of problem was not major.

If the judgment result had too great a tendency inconsistent with the facts.

There was no need to mention trending searches, regarding the supervisory inspection department of Beidu, he had previously already asked Li Xuezhen to explore the way.

At that time going to the supervisory inspection department of Beidu would then be very familiar and easy.