Chapter 192: Determination: No Subjective Intent! Heated Discussion Among Netizens!

According to the statements of both parties and the refuting opinion stated by Su Bai.

There was now basically no problem regarding the determination of Chen Bin’s subjective intention.

After all.

After Chen Bin developed the idea of intentionally wanting Li Fei and Xu Bing to die, there was an act of calling the police.

Such an act could be determined as a negation of Chen Bin’s prior subjective intentional injury.

Based on this point, and then through his confession, it was possible to determine that his subjective intention was a non intentional crime.

Regarding Chen Bin’s conduct, the remaining argumentation was very simple.

Song Yuanhui silently recited this in his heart.

Only.

This was a live broadcast court hearing.

Su Bai directly used this act of calling the police as auxiliary evidence of Chen Bin’s subjective intention.

With this case having such high public attention, once the live broadcast footage of the court hearing spread out, when the public discussed the judgment of this case as well as other aspects.

There would certainly be intense discussion regarding the question of why the case still occurred even after the police had been called.

It was a troublesome matter.

However.

No matter how great the subsequent public opinion became, or how serious the situation became, it would have nothing to do with their court, he only needed to judge it as it should be judged.

Song Yuanhui silently recited this in his heart, withdrew his gaze from the litigation materials, and struck the gavel: “According to the arguments of both parties.”

“The following summary is now made.”

“According to the prosecution’s statement, when Chen Bin saw his mother being humiliated, he developed hatred toward Li Fei and the others, and based on this it was determined that Chen Bin in his subsequent conduct possessed intentional criminal conduct.”

“Regarding this viewpoint put forward by the prosecution.”

“After discussion by the collegial panel of the specific circumstances in which the case occurred and the relevant legal basis, combined with subjective and objective facts, the following determination is made:”

“First: when Chen Bin developed hatred toward Li Fei and the others, he had not yet implemented criminal conduct, according to the understanding and application in criminal law regarding intentional crime, Chen Bin does not satisfy the conditions for constituting intentional crime.”

“Second: supplementary evidence includes Chen Bin’s own confession as well as the subsequent act of calling the police after this idea arose.”

“Through the act of calling the police, it can be seen that at that time Chen Bin was able to control his own hatred, and what he adopted was the correct method, namely calling the police to handle it.”

“Third: according to the scene at that time, from the perspective of subjective and objective facts, Chen Bin at the beginning had the idea of impulsive crime, but did not implement it, and instead took action only under the circumstance that Li Fei and Xu Bing and the others further humiliated Chen Bin’s mother He Lijuan.”

“Based on the above.”

“After discussion by the collegial panel, it is determined that in this case, Chen Bin did not possess subjectively intentional conduct.”

Bang bang!

The gavel struck.

“Do any parties have objections?”

This time the determination made when Song Yuanhui struck the gavel was completely different from the previous time.

The previous time the gavel was struck, it was determined that there was subjectively intentional conduct.

But this time, it was determined that there was no subjectively intentional conduct.

Once this determination was established, Chen Bin would not be accused of intentional homicide and intentional crime, and would be pulled directly from the death penalty to fixed term imprisonment.

Regarding this determination of the court, Su Bai of course agreed.

“Our party has no objection.”

At the prosecution’s seat.

Facing this determination, Lu An’s expression was calm.

After Su Bai refuted the point and proposed that Chen Bin had called the police.

He already knew that the collegial panel might determine that Chen Bin had no subjective intent.

Regarding this determination.

As the prosecution, he had already stated what needed to be stated, and indeed there was nothing to object to.

Only.

No subjective intent merely meant that it was determined to be non intentional homicide.

In this case, he did not agree that Chen Bin was acting in legitimate defense.

Why?

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

Especially in this case, it was he who raised the accusation that Chen Bin committed intentional homicide and recommended the death penalty.

If it was determined to be non intentional homicide, then so be it.

But if it were determined to be legitimate defense, then as a prosecutor, how should it be put.

It would make his professional level appear far too low.

Zhang Meng beside him saw what Lu An was thinking, and with her eyes signaled him to steady his mentality.

Lu An took a deep breath, silently nodded, and then spoke: “Presiding Judge, our party has no objection.”

At this moment, at the victim party’s seat, the family members of the deceased asked their lawyer:

“Lawyer, this will not affect our ability to get money right?”

The entrusted lawyer: “…”

“It will not affect it.”

“That is good, as long as it does not affect getting money.”

Li Fei’s wife nodded seriously.

On the other side, Xu Bing’s family members likewise asked, and after receiving the answer, the expressions on their faces instantly eased considerably.

For the victims’ family members in this case, there was only one request, which was to get money.

All determinations were carried out around this point.

As long as it did not affect their getting money, that was sufficient.

As for Li Fei’s wife and Xu Bing’s family members.

They did not have very deep feelings for Li Fei and Xu Bing.

Because Li Fei and Xu Bing, as debt collectors, usually shouted and swaggered outside while collecting debts.

After collecting debts, they could obtain a great deal of money, but did not bring even a single portion back home.

After earning money, they would simply fool around outside.

Taking Li Fei’s wife as an example, caring for two children depended entirely on her usual odd jobs to subsidize household expenses.

As well as relief from Li Fei’s parents.

Yet Li Fei paid no attention to any of it, and after returning home, he would even verbally abuse and physically assault his family members.

The situation in Xu Bing’s home was roughly similar to the situation in Li Fei’s home.

Therefore the family members of the two men naturally did not have much feeling for them.

For the two families, this was even instead a good thing.

In the courtroom.

After this determination result came down, the happiest person should have been the defendant party’s client.

Upon hearing the determination result.

Chen Bin’s face flushed red with excitement, he knew that it was impossible for him to be sentenced to death.

The sorrowful expression on He Lijuan’s face instantly changed into delight.

Although she did not understand the law, she knew what this determination meant.

During Chen Bin’s detention, as his mother, she had learned a great deal of related legal content.

Most of it was roughly about how one could avoid being sentenced to death after committing homicide.

Or in other words, how one could be sentenced to a suspended death sentence.

Among these, there had been mention of the distinction between intentional and non intentional conduct.

A determination of no subjective intent meant that Chen Bin had directly become subject to fixed term imprisonment.

He Lijuan looked at Su Bai excitedly, while Li Xuezhen lightly patted her shoulder beside her: “Trust Lawyer Su.”

“Alright.”

He Lijuan seriously nodded.

At the same time, inside Luo Daxiang’s live broadcast room.

Many fans in the comment section posted comments, most of which were directed at the presiding judge’s determination.

Hahaha! Damn! Lawyer Su is too fierce, such an accusation of intentional crime was turned by Lawyer Su directly into non intentional conduct? Then would that not mean acquittal and release?

A determination of non intentional conduct only means that he definitely cannot be sentenced to death, where did acquittal and release come from, if this case wants to be determined as acquittal and release, it is very difficult, after all it caused two deaths and three serious injuries!

That is true! But changing from the death penalty to fixed term imprisonment is also extremely impressive!

Indeed!

While others were commenting on matters related to the court hearing, a statement with a different viewpoint suddenly appeared in the comment section.

This court hearing was indeed handled brilliantly by Lawyer Su.

But compared with that, what I care about more is why, under the circumstances at that time, no one drove out the debt collectors who broke into Chen Bin’s home!

One should know that those debt collectors had already entered Chen Bin’s home! I do not understand the law very well, but I also know that once those debt collectors entered Chen Bin’s home, that already amounted to infringement of another person’s rights right?!

It should already have constituted unlawful conduct right?

If at that time those debt collectors had been driven out of Chen Bin’s home and dealt with, then probably there certainly would not have been such a case now, and the deaths of those two debt collectors likewise would not have occurred right!

Damn! Only when you mentioned this did I react, this matter is indeed like that, from Lawyer Su’s argument it seems that these debt collectors were not driven away, and so they became increasingly arrogant, and later directly laid hands on Chen Bin’s mother He Lijuan!

Speaking of this, I suddenly became interested! After this court hearing, could it be that Lawyer Su will again finish the hearing, turn his head, and go straight to the supervisory inspection department? Finish the case and arrive there in half an hour?

Ahem. I do not think it would be that extreme, Lawyer Su is from Nandu, he goes to the departments in Nandu often and knows where they are, for Beidu he may need a little time, I estimate it may require one hour.

Hahaha, looking forward to it fiercely!!

+1+1+1+1+1+1

Luo Daxiang looked at the discussions in the comment section and slightly smiled.

According to Su Bai’s disposition.

Faced with this kind of situation, he certainly would not simply let it go.

Su Bai’s disposition was that regarding the cases he took over, he would absolutely not omit those illegal and criminal personnel.

As for what followed.

If his expectation was correct, there should still be another rather typical case to fight.

However, at present Chen Bin’s case still had not reached a result.

For the time being it was still necessary first to look at the current court hearing situation.

Only.

No matter what, Chen Bin’s case had still caused two deaths and three serious injuries, acquittal and release was very uncertain.

The last time Qi Feng’s case was determined as not guilty, that was because the presiding judge at that time had the idea of promoting legitimate defense.

And he was also the vice president of the High Court, with a relatively higher rank.

But Chen Bin’s case was being tried by the Intermediate Court, and the presiding judge’s rank was relatively lower, so the judgment would be somewhat more conservative.

All of the above were Luo Daxiang’s inferences.

As for how it would actually be judged, he was not very clear either.

Shaking his head, Luo Daxiang did not continue thinking about it, and again placed his gaze on the courtroom.

In the courtroom.

At the presiding judge’s seat.

After Song Yuanhui made the determination regarding Chen Bin’s subjectivity, and after hearing that all parties had no objection, he slightly nodded.

It was enough that there was no objection to this determination.

Then the next progress could be advanced more effectively.

Regarding the statements of both parties, Song Yuanhui could see that in this court hearing, one side requested a determination of legitimate defense, while the other side requested a determination of guilt.

Su Bai’s idea was very clear, namely to make an argument for legitimate defense.

And the prosecution’s subsequent direction of debate was likewise very clear.

Since it was non intentional, then they would make their statement on the basis of excessive defense.

Actually in this court hearing, Su Bai had already won the lawsuit, but it was still the same sentence.

For Su Bai, winning the lawsuit was not the objective.

The objective was how much he won.

Bang bang.

The gavel struck, Song Yuanhui looked at the litigation materials as well as the evidentiary proof submitted by both parties and spoke:

“All parties have no objection, according to what the defendant party raised, your party believes that Chen Bin was exercising legitimate defense, then what does your party believe was Chen Bin’s reason for carrying out legitimate defense?”

“Next please let the defendant party’s litigation agent state it.”

“Alright, Presiding Judge.”

Upon hearing the presiding judge’s inquiry, Su Bai knew that this was the final determination.

He lightly exhaled:

“Our party believes that Chen Bin’s reasons for carrying out legitimate defense are as follows:

Under the circumstances at that time, Li Fei and Xu Bing and others carried out serious infringement of lawful rights and interests regarding his personal freedom and dignity.”

“And this unlawful infringement was continuously being carried out and sustained.”

“The conduct implemented by our party was in order to stop Li Fei and the others from continuing to carry out unlawful infringement against our party.”

“That is to say, our party believes that our party belonged to legitimate defense.”

Bang bang!

“Does the prosecution have anything to say?”

Lu An spoke:

“Yes, Presiding Judge, our party believes that the other party does not belong to legitimate defense, and should be determined as excessive defense.”

“First, according to the understanding and application of legitimate defense, as well as the circumstances that do not belong to legitimate defense.”

“The circumstances that do not belong to legitimate defense include: untimely defense, imagined defense, excessive defense, provoked defense, accidental defense, mutual fighting, and so forth.”

“In Chen Bin’s case, it clearly belongs to the circumstance of excessive defense.”

“First, in determining whether defense is excessive, consideration should be given to the nature, means, intensity, and degree of harm of the unlawful infringement, as well as the nature, timing, means, intensity, environment, and consequences of damage of the defensive conduct.”

“For defense against unlawful infringement that illegally restricts another person’s personal freedom and is accompanied by insult and minor beating and is not very urgent, resulting in death or serious injury.”

“It should be determined as obviously exceeding the necessary limits as provided in Article 20 paragraph 2 of the Criminal Law, causing major damage.”

“In Chen Bin’s case, the unlawful infringement by Li Fei and Xu Bin and others toward He Lijuan and Chen Bin clearly only belonged to insult and minor beating, and did not cause serious consequences and injuries.”

“However Chen Bin used a knife to cause the situation of two people dead, three people seriously injured, and several people slightly injured to others, which obviously exceeded the necessary limits and caused major damage.”

“Therefore our party believes that under such circumstances, it should be determined as obviously exceeding the necessary limits within excessive defense and causing major damage.”

“Based on the above conduct, our party requests that the court impose a severe sentence upon Chen Bin’s conduct.”

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

After finishing the statement.

Lu An simply organized the litigation materials.

The court had determined that Chen Bin was non intentional.

According to legal provisions and interpretations, he did not have any objection.

However regarding determining legitimate defense, he did not agree with this point.

Because Chen Bin’s conduct obviously exceeded the limits of legitimate defense.

Of course, Lu An’s statement required the court to make the determination.