Chapter 194: The Judgment Is Finalized! Little Li: Looking Forward to the Next Trial!

During the adjournment.

Song Yuanhui had already finished organizing the relevant litigation materials.

According to the discussion with Meng Hao, he had a general determination.

He only needed to complete the final courtroom statement stage, and then he could announce the judgment result on the spot.

Very quickly, the adjournment ended.

Accompanied by the three members of the collegial panel walking into the courtroom.

The court session resumed.

All parties in the court hearing also clearly understood that when the court session resumed this time, after the courtroom statements were completed, the court hearing result would most likely be directly announced.

Among the people present, aside from the defendant party’s client being relatively nervous.

There was also Lu An.

After all, the judgment of the court hearing affected his work.

As for Su Bai, he had a general determination regarding the judgment.

He did not feel too much tension.

Regarding the judgment against Chen Bin, there were only two situations.

Either legitimate defense, or excessive defense, and if it were determined as excessive defense, the sentence would not be too heavy.

It could not exceed three years.

This was Su Bai’s estimate.

As for the litigation lawyers of the victims’ family members, the main content this time was the litigation compensation expenses.

Whether they won or lost was acceptable.

In addition.

When facing a top lawyer like Su Bai, the victims’ litigation lawyers could only request that the court conduct an off court mediation regarding the compensation expenses under the law.

At the same time.

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

Could this court hearing possibly determine that Chen Bin was not guilty?

If that were the case.

Then it would have no small impact on him.

His future lending business would become difficult to carry out.

It would also deal a great blow to the confidence of the group of people under his command.

If the business could no longer be carried out in the future, then what would happen to his company?

One should know that the annual profits brought by this company were extremely huge.

If because of this matter it could no longer be carried out, or if the debt collection business failed, then would that not be the end?

Liang Xingyuan became annoyed while watching the court hearing live broadcast, and with a slap shut the computer.

He took out his mobile phone and did not know whom he called.

In the courtroom.

Song Yuanhui sat at the presiding judge’s seat.

During the adjournment, he had already discussed many situations with Meng Hao, and regarding this case, he clearly understood how it should be judged when facing different situations.

During the statement stage, matters deviating from the judgment result would not appear.

What if they really did appear?

If they really did appear, then he would strike the gavel once again and adjourn to discuss the result.

The problem was not very great.

Bang bang!

The gavel struck.

The court entered the final stage.

“The adjournment is over, regarding the previous court arguments, do any parties still have anything to supplement?”

Su Bai: “No.”

Lu An: “No.”

Victim party’s defense lawyer: “No.”

Bang bang!

“Then next we begin courtroom statements, let the prosecution begin the statement.”

“Alright Presiding Judge.”

The final courtroom statement.

Lu An organized the relevant litigation materials, then took another sheet from Zhang Meng’s hand, and afterwards slowly spoke:

“Presiding Judge, the prosecution’s courtroom statement is as follows:”

“In this case, the prosecution believes that Li Fei and Xu Bing and others bore corresponding fault.”

“Illegally breaking into another person’s home belonged to infringing upon the other party’s privacy rights, and they furthermore implemented criminal conduct against others, such as cursing, insulting personality, restricting personal freedom, and so forth.”

“Regarding this, our party believes that Li Fei and Xu Bing and others should bear part of the responsibility for this case.”

“But from another perspective, although Li Fei and Xu Bing and others violated the law, their right to life should also be protected.”

“When Li Fei and Xu Bing and others implemented criminal conduct, they did not excessively cause social harm.”

“Regarding Chen Bin’s defensive conduct, which caused the situation of two deaths, three serious injuries, and several minor injuries, the prosecution believes that Chen Bin’s defensive conduct was excessively heavy and far exceeded the limits of legitimate defense.”

“According to the circumstances of excessive defense in our country’s criminal law, he should accept the judgment of the law.”

“The prosecution asks that the court consider the right to life of Li Fei and Xu Bing and others in judging Chen Bin’s excessive defense conduct!”

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

Lu An’s statement was relatively direct, first he proactively acknowledged the illegal conduct of Li Fei and Xu Bing and others entering Chen Bin’s home.

Second, he separated this illegal conduct from legitimate defense and excessive defense.

The latent meaning was that Li Fei and Xu Bing and others indeed illegally broke into Chen Bin’s home.

Illegal intrusion was the crime of illegal intrusion and had no great relationship with legitimate defense.

There was no necessary connection between the two.

To put it plainly, it meant that the fact that Chen Bin belonged to excessive defense was established.

Even if there were other circumstances, they did not affect the determination that Chen Bin’s conduct was excessive defense.

It had to be said that Lu An’s courtroom statement was of a very high level.

Facing Lu An’s statement, Su Bai slightly smiled and raised his head to look toward the presiding judge’s seat.

Bang!

“Next please let the victims’ litigation lawyer make a statement.”

During this court hearing, the victims’ litigation lawyer had basically not expressed much opinion.

Because this court hearing was mainly directed at Chen Bin’s criminal responsibility.

The victims’ demand was civil compensation responsibility.

Therefore the victims’ litigation lawyer did not have many opportunities to speak.

During the courtroom statement stage, he only raised the issue of civil compensation responsibility, hoping that the court would come forward to conduct private mediation.

Song Yuanhui agreed in court to the opinion of the victims’ litigation lawyer.

“Alright, regarding the civil compensation requested by the victims’ family members, the court will conduct corresponding mediation off the record.”

“The accusing party has finished its statement, next please let the defendant party’s litigation agent or client make the courtroom statement.”

“Alright Presiding Judge.”

Su Bai nodded.

After the second adjournment, the collegial panel had most likely already discussed the corresponding judgment.

The courtroom statement only further influenced the subjective judgment of the members of the collegial panel.

As for how to make the courtroom statement.

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

“Presiding Judge, our party’s courtroom statement is as follows:”

“Our party believes that according to legal causation, the cause of this case was brought about by the other party and others.”

“And it was brought about by the other party’s illegal breaking into our client’s home.”

“This case was not merely about illegally breaking into our client’s home, but furthermore involved unlawful and criminal conduct being carried out inside our client’s home.”

“What does this amount to?”

“This amounts to entering a residence to carry out criminal conduct, and belongs to a serious criminal circumstance.”

“And within legal provisions, retaliatory conduct carried out inside one’s own home belongs to legitimate defense.”

“The difference between legitimate defense and defensive conduct lies in the issue of limits, according to the legal understanding of lawful rights and interests, they are lawful rights and interests of personal freedom, right to life, dignity, and personality.”

“Li Fei and others illegally broke into Chen Bin’s home, and the infringing conduct they implemented against Chen Bin was serious, affecting our client’s personal freedom and dignity as well as personality.”

“When accompanied by other criminal conduct.”

“The conduct exercised by Chen Bin was precisely a just and defensive mentality.”

“Looking further from the angle of freedom and dignity.”

“The other party severely humiliated our client psychologically.”

“From this perspective, I believe that personal freedom, dignity, and personality are equal to personal safety.”

“There is a saying that expresses this very well, life is indeed precious, but for some people freedom and dignity and personality are even more important.”

“That is, our party believes that Chen Bin’s conduct does not constitute excessive defense, but merely constitutes the exercise of his own legitimate defense.”

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

After finishing the statement, Su Bai lightly exhaled.

The purpose of this kind of statement was to place personal dignity together with personal freedom and life on the same level.

That is to say.

The unlawful infringement of Li Fei and Xu Bing and others.

And the consequences caused by Chen Bin’s defensive conduct were equal.

From this, there did not exist conduct obviously exceeding the limit.

That is, through this point it could be determined as legitimate defense conduct.

Only.

Whether one wanted to equate restriction of personal freedom and personal dignity with the right to life depended on how the presiding judge thought about it.

At present everything that should be stated had already been stated, and next it was necessary to look at the judgment of the collegial panel.

After hearing Su Bai finish his statement, Song Yuanhui organized the courtroom statements of the prosecution and the defendant party.

He exchanged a glance with Meng Hao, then slowly nodded and struck the gavel.

“All parties have now finished their statements, regarding the arguments and courtroom statements during this court hearing, do any parties have objections?”

Su Bai: “No objection.”

Lu An: “No objection.”

Victims’ litigation lawyer: “No objection.”

Bang bang!

“All parties have no objections, next the judgment result is announced!”

Clerk: “All rise, please let the presiding judge announce the judgment result!”

All rose, and everyone’s gaze was concentrated on the bench seats.

Presiding Judge Song Yuanhui began reading the judgment result:

“In this case, the cause of action is that the prosecution as the public prosecutor accused criminal suspect Chen Bin of committing the crime of intentional homicide, causing the serious consequences of two deaths and three serious injuries, and applied for the court’s judgment.”

“Recommended sentence: death penalty.”

“This court has jurisdiction over this case and applies all law according to domestic law.”

“The judgment result is announced below:”

“According to the research decision of the collegial panel, regarding the public prosecution raised by the public prosecutor, as well as the civil liability attached by the accusing party, the judgment result is now handled as follows:”

“Regarding the prosecution’s accusation that criminal suspect Chen Bin committed the crime of intentional homicide.”

“The court makes the following determination according to the evidence as well as the circumstances at that time:”

“First: regarding the circumstances at the time of the incident, Chen Bin at the beginning indeed had a criminal impulse, but this criminal impulse belonged within a reasonable range, and he did not carry out criminal conduct, but rather used lawful means to handle the corresponding matter.”

“Therefore regarding Chen Bin’s conduct, it is determined as non intentional conduct and defensive conduct.”

“The deaths of Li Fei and Xu Bing, as well as the serious injuries and minor injuries of the others, were results caused by Chen Bin’s defensive conduct.”

“Second: regarding Li Fei and Xu Bing and others breaking into Chen Bin’s home, this belonged to illegal conduct, and Chen Bin had the right to defend against them.”

“Third: regarding whether Chen Bin’s defense belonged to legitimate defense, the court, according to the facts and Chen Bin’s subjectivity as well as the relevant evidence, makes the following determination:”

“The difference between legitimate defense and excessive defense lies in the limit of the conduct.”

“Li Fei and Xu Bing and others breaking into Chen Bin’s home belonged to illegal conduct, this is determined as true, and Chen Bin could implement defense against this.”

“During the process of defense, Li Fei and others did not cause threats to the personal safety of Chen Bin and his mother He Lijuan.”

“However they did cause trampling upon spirit as well as personality and dignity.”

“He Lijuan and Chen Bin suffered unlawful infringement regarding personality and dignity as well as personal freedom and freedom of action.”

“Whereas Chen Bin’s defensive conduct caused the deaths of Li Fei and Xu Bing, as well as the serious injuries of three others.”

“In this process, the court believes that the defensive conduct implemented by He Lijuan and Chen Bin after suffering trauma in the unlawful infringement obviously exceeded the necessary limit.”

“From this, the court determines that Chen Bin committed excessive defense!”

“But due to the influence of other external factors, for example Li Fei and others illegally entered Chen Bin’s home and implemented criminal conduct, as well as Li Fei and the others, numbering more than ten people, breaking into Chen Bin’s home to implement unlawful infringement.”

“In this process, Li Fei and others were in a position of superiority in force.”

“Considering the above factors, regarding Chen Bin’s excessive defense conduct, the court states that from statutory reason and sentiment, it can understand it.”

“That is, Chen Bin is sentenced to one year and six months of fixed term imprisonment, suspended for two years!”

“The prosecution’s litigation application accusing Chen Bin of intentional homicide is rejected.”

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

“In addition, regarding the civil compensation requested by the victims’ family members, the court will conduct post trial consultation regarding civil compensation between the victims’ family members and the defendant client.”

“According to our country’s procedural law, if both litigation parties determine that the facts of the judgment are mistaken or that the basis and determination of the judgment are mistaken, then after the close of court they may submit to the relevant departments a request for supervision, review, or retrial.”

“The judgment document will be issued to all litigation parties within ten days after the close of the court session.”

The gavel struck, announcing the result.

“Court is adjourned!”

Song Yuanhui’s serious voice fell, and the judgment result was finalized.

After hearing the judgment result, Su Bai lightly exhaled a breath.

A suspended sentence was imposed.

The court did not adopt his legitimate defense argument, which was understandable.

After all.

For cases like this, when determined by an Intermediate People’s Court, relatively conservative sentencing is generally adopted.

Moreover.

In the legal definition, the right to life takes priority over other lawful rights and interests.

The imposition of a suspended sentence already represented the view of the collegial panel.

Although legitimate defense was not achieved, this court hearing could still be considered a victory.

Mm.

Regarding this judgment result, Su Bai was relatively satisfied.

After finishing this case, he still had to proceed to the next case.

Su Bai stretched his body and noticed Li Xuezhen’s eyes shining as they fell upon him.

???

Li Xuezhen: Lawyer Su! I am looking forward to the next case!

Su Bai: …

In addition.

At the prosecution seat, Lu An quietly looked toward the defendant party’s litigation agent seat.

He took a deep breath.

Originally he had been thinking that if this court hearing had really determined legitimate defense, it would obviously have been unreasonable.

An appeal would certainly have needed to be filed.

However the court determined excessive defense.

Determining excessive defense.

A suspended sentence was imposed in terms of sentencing, and the sentencing was somewhat light.

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

Li Fei and Xu Bing needed to bear corresponding responsibility.

With such a judgment, it would not be appropriate to file an appeal.

It was estimated that the court also understood that if this case had determined legitimate defense, the procuratorate would certainly not have agreed, therefore it determined excessive defense.

Hu.

Lu An sorted through the general logic in his mind, and at the side Zhang Meng had already organized the relevant materials.

“With the court judging like this, there is no major problem, pack up the materials and leave, after returning organize the files and prepare to get off work.”

“Mm!”

Lu An nodded and did not say much more, lowering his head and organizing the materials.

A suspended sentence was imposed.

During the court hearing, the happiest were of course Chen Bin and He Lijuan.

At the moment Chen Bin heard the judgment, he bowed deeply toward the bench seats, and at the same time bowed deeply toward the defendant party’s litigation agent seat.

“Thank you Presiding Judge, thank you agent lawyer.”

At the bench seats, after hearing Chen Bin’s thanks, Song Yuanhui’s gaze involuntarily turned toward Su Bai’s direction.

He lightly nodded: “The judgment regarding you was made according to the law, I made the judgment in accordance with the law, there is no need to thank me so much.”

“However here I want to remind you of one point, during the probation period you must not commit criminal conduct, otherwise the sentencing will be increased.”

“In the future you must not be so impulsive again, if anything happens then report to the police.”

As if remembering something, when Song Yuanhui finished saying this sentence, his expression appeared somewhat unnatural.

He waved his hand and gave another instruction: “Alright, after completing the procedures, properly gather together with your family.”

“Alright Presiding Judge, in the future I will definitely not be so impulsive again!”

Chen Bin nodded excitedly and again bowed deeply.

“Mm!”

Song Yuanhui lightly responded, and immediately afterward, after organizing the materials, he left the courtroom together with the other two members of the collegial panel.