And at this time.
The scene of the trial.
There were also some whispers.
Obviously, everyone is aware of the change in the situation. on the plaintiff's bench.
Gao Liang looked shocked.
Although he still didn't know why Ye Qiu summoned the forensic doctor.
But through Ye Qiu's questions, he was vaguely aware of a possibility.
If this is true, then this Lawyer Ye’s level of criminal prosecution is really terrifying!
At the prosecutor's seat.
Tang Yidong's complexion was pale and pale, changing rapidly.
He had already guessed what Ye Qiu wanted to do!
This was the real reason why he fought for Jiang Ge's primary subjective and non-intentional nature!
He was not trying to reduce his sentence at all!
But to overturn the most powerful and irrefutable evidence!
Could this guy have planned it from the beginning? ?
But, how is this possible!
Tang Yidong only felt his scalp numb.
My heart sank to the bottom!
But his mind was working quickly.
I quickly caught a breakthrough!
Just ask yourself!
Then at least you can....
Just when Tang Yidong wanted to speak.
Ye Qiu's calm voice, with a hint of smile, resounded calmly throughout the court hearing.
"So I would like to ask the forensic doctor, if the murderer attacked the victim's head first and did not continue the subsequent attacks, what would happen to the victim?"
"After all, the victim stood up after being severely injured, and with the roaring behavior, it seemed that he did not die directly? Forensic doctor Cai Meng said
"That's just the body's stress behavior"
"In other words, what is commonly known as the return of light"
"Because the victim had drunk a lot of alcohol before, and was accompanied by very irritable emotions and actions, which gave him a certain inertia in his physical behavior."
"But at the same time, it is these behaviors that will accelerate the progression of brain damage, that is, promote the arrival of death."
"In other words,"One Eight Seven", even if he does not make any movements, will still quickly die physiologically in a short period of time."
"After all, the brain damage was too serious. Judging from the injury situation, even if the doctor arrived on the spot, it would be difficult to save his life."
After hearing what the forensic doctor said,
Tang Yidong changed his color completely.
He subconsciously took a step back and sat down.
Assistant Cao Yue's eyes widened in surprise.
He had never seen Tang Yidong behave like this!
What's wrong?
Cao Yue said. Yue actually hasn't understood it yet.
But she knows that the problem must be with Ye Qiu!
Cao Yue couldn't help but look at Ye Qiu.
At this time,
Ye Qiu said with a smile.
"Okay, thank you forensic doctor"
"Chief Judge, our inquiry is over."
Boom!
The presiding judge Luo Zhendong glanced at Ye Qiu silently.
Then he struck the gavel and said
"OK"
"Defendant, do you want to continue making your statement?"
At this time,
Ye Qiu smiled slightly, took out a piece of material, and said slowly
"Presiding judge, we will continue to make our statement."
"According to the autopsy report and the medical examiner's explanation"
"We can clearly draw a result"
"That was the cause of Gan Wuxin’s death"
"It’s not Jiang Ge’s multiple attacks"
"But Jiang Ge’s first attack"
"His head was severely injured, leading to his death."
"And during the first attack"
"Our client Jiang Ge’s subjective intention is not to kill someone."
"But to stop Gan Wuxin and protect Chen Yue"
"Therefore, we can already conclude"
"In the process of causing Gan Wuxin's death, our client's subjective will and objective behavior did not reach unity."
"And when our client Jiang Ge clearly had the idea of murder and carried out the action"
"There is no direct relationship with the victim’s death"
"Because at this time, Gan Wuxin’s death result has been determined"
"This can be confirmed through the surveillance video provided by the prosecutor."
"In the surveillance video, we can clearly see"
"The time it took for Jiang Ge to actually attack Gan Wuxin continuously until he stopped was about one minute."
"This time is very short, and this is in line with what the forensic doctor said. After Gan Wuxin was severely injured, he would die quickly within a short period of time."
"In other words, our client’s subsequent aggressive behavior with the intention to kill did not have a direct impact on the victim’s death."
"In addition, due to the disparity in strength, our client did not even cause effective harm to the victim."
"Therefore, there is no situation where subsequent attacks will accelerate the death of the victim and cause the victim to lose the chance of survival."
"And this means that our client's objective behavior of killing people has no meaning, and at the same time it is not consistent with the subjective intention of killing people."
As Ye Qiu spoke unhurriedly, the whole place was completely quiet.
Ye Qiu swept across the court hearing scene, his eyes fell on the pale face of Tang Yidong, and he slowly said the last words
"In the practice of criminal law, it is very complicated to determine the intentionality of the perpetrator."
"Therefore, we must adhere to the principle of subjective and objective consistency and reach specific consensus"
"And in this process, not only the outcome of the event must be considered"
"It is also necessary to consider the cognitive ability of the perpetrator"
"and consider the objective process of the entire case."
"A person's cognition and actions all change with the development of events."
"Then the subjective and objective aspects will also change."
"Therefore, in judicial practice, each specific case requires specific analysis"
"The unity of subjectivity and objectivity in our country's criminal law should be a concrete unity from beginning to end!"
"Only in this way can we ensure that no one will be wrongly accused and there will be no miscarriage of justice!"
"In this case, the prosecutor only relied on our client’s admission of the idea of killing and the results of objective events to forcefully convict our client of subjective intentional homicide."
"This arbitrary approach is obviously inappropriate, incomplete, and goes against the spirit of the law."
"Therefore: Our application for dismissal of the prosecution’s reasons"
"We also applied to the collegial panel to rule that our client was negligent in causing death rather than intentional homicide."
Hearing Ye Qiu say this, the court officials present completely understood.
For a moment, the eyes looking at Ye Qiu were very complicated.
There were admiration, admiration, shock, and confusion!
What exactly is Ye Qiu doing ? What kind of thinking logic and legal understanding is there to think of this!
The prosecution's ironclad chain of evidence!
Under his step-by-step operation! It was completely overturned!
This is really amazing!
On the trial bench,
Luo Zhendong sighed silently.
To put it mildly,
Ye Qiu taught another lesson to the legal staff in court.
Even he was inspired to a certain extent.
After all, many people don’t know the unity of subjectivity and objectivity. The legal principles involved.
But those who can truly understand it thoroughly and apply it perfectly in practice are really rare!
Even he can't guarantee that he can do it!
Boom!
Luo Zhendong calmed down and directly tapped the law. Hammer, said
"application passed!"
"This court will decide!"
"The defendant Jiang Ge was found guilty of negligence causing death and involuntary manslaughter in this case."
"In addition, reject the prosecution’s relevant reasons and application!"
Watching this scene.
The trial live broadcast room.
Netizens were completely shocked.
The barrage passed by at a very fast speed, and there was a turbulent response.
"Damn it! Damn it! I am not wrong, right!"
"Oh my god! Lawyer Ye, this is really overturning the irrefutable evidence!"
"Good guy, this is really cheating! This is too fierce!"
"Make a comeback! A desperate comeback!"
"What kind of comeback is this? I feel like everything is already under Lawyer Ye’s control!"
"Lawyer Ye, what you said is so good! Especially this specific unity of subjectivity and objectivity, in order to prevent unfair justice and ensure that no one will be wronged! Very good! None of my instructors have ever explained it in such a simple and in-depth way!"
"Good indeed! I’m not a law student and I understand everything!"
"Lawyer Ye is really amazing! There are court trials and defenses here and there! It’s almost a completely online class!"
"In one word, Zongzi is simply a scam! He is truly an outlaw! Strong yuppie!"
Zhang San was also full of admiration.
"This is not just for all online classes."
"It even guided legal personnel across the country to formulate unified plea statements regarding the subjective and objective aspects of intentional homicide."
"This level of legal interpretation is probably only possible by a justice. Lawyer Ye has a very thorough understanding of the law."
Zhang San sighed in his heart at the same time. (To read Baoshuang novels, go to Feilu Novel Network!)
Could it be that
Bai Lao saw it from the beginning?
No wonder he is so optimistic about Ye Qiu! The highest department in the imperial capital.
Xu Ming's trio sighed..Xu
Ming:"It's really amazing. Although I knew his plan, it was only when I saw it that I understood. This understanding is really too deep!" Even the Supreme Court could not find a few. Xie
Hao:"It's true that there is fraud, so such talents should be brought to the Supreme People's Procuratorate!""
Xu Ming:" Roll, roll, roll!"
Yang Jian:"......Boss, do you hear me? Yes, this is Ye Qiu, the court trial in Tangdu, yes, yes! Nice person, right? I found it! Organize employee learning? OK! Don’t worry, leader, I will definitely capture this person!"
Xu Ming, Xie Hao:"???"
Xu Ming is not happy anymore
"You surnamed Yang, you don’t have martial ethics, do you?"
Xie Hao also followed suit.
"As I said, it is our highest inspection!"
"Don't even think about fighting!"
At this time,
Xie Hao and Xu Ming's work phones also rang.
They had no time to worry about Yang Jian's affairs.[]
They all picked up calls from leaders
"Organizing members to watch the trial?"
"Ok, no problem."
The trial scene.
At this time, Ye Qiu is obviously the absolute protagonist.
At the trial,
Fang Yuehua and Liu Shengjun were equally emotional.
This level of legal understanding!
I am ashamed of myself, I am really ashamed of myself.....
Perhaps the justices of the Supreme Court can do this?
On the plaintiff's bench.
Gao Liang commented silently in his heart.
Cheating, really cheating!
There's really nothing more to say.
This level of legal interpretation.
Already killed the trial.
At the prosecutor's seat.
Cao Yue's eyes widened.
Look at Ye Qiu's eyes.
There was disbelief as well as shock and admiration.
It’s really unexpected!
The defendant's lawyer's legal understanding is so essential!
No matter it is her teacher at school or the master who guides her at work, they are far behind! so amazing.
Tang Lu did not lose unjustly.
Cao Yue looked at Tang Yidong who was completely silent and thought silently.
In the spectator seats.
Chen Yue was extremely excited.
It really worked!
Lawyer Ye! so amazing!
On the plaintiff's bench.
Jiang Ge suddenly.
There is an urge to burst into tears.
At the lawyer's table.
Bai Xiaotu's clear eyes reflected Ye Qiu's figure.
Lawyer Ye is really amazing!
Where can I find such a person?
Not much to say, you must take it!
Boom, boom, boom!
On the judgment seat.
Luo Zhendong organized the materials.
Since Jiang Ge caused death due to negligence.
Then comes the next key point of controversy.
Obviously it is whether it constitutes legitimate defense.
If it is determined to be legitimate defense.
So.
Jiang Ge can be acquitted in court.
The more he sorted out the materials, the more emotional Luo Zhendong became.
This Ye Qiu is really incredible. He has come so far step by step. He must have had a plan in advance.
It’s really hard to find a lawyer like this in twenty or thirty years.
The key is that he is still so young.
The future will only be more profound.
If it weren't for Ye Qiu not being a member of the system.
He even felt that Ye Qiu might not be able to enter the highest department or even lead.
Thinking too far ahead.
Luo Zhendong recovered his thoughts, glanced at the court hearing scene, and then struck the gavel.
"The fact that Jiang Gefei committed intentional homicide has been determined"
"Next, we will plead whether Jiang Ge constitutes self-defense."
"All parties to the lawsuit, do you have any objections?"
The plaintiff highlighted:"We have no objection."
Defendant Ye Qiu:"We have no objection."
Prosecutor Tang Yidong:"We have no objection."
At the prosecutor's seat.
Tang Yidong took a deep breath and cheered up temporarily.
Now Jiang Ge cannot be convicted of intentional homicide.
Then it definitely cannot be considered self-defense!
Otherwise, Jiang Ge must be innocent!
In Tang Yidong's legal concept.
It is impossible to accept that a murderer is innocent.
Since killing!
You must take responsibility!
No matter what the reason!
In the seat of the presiding judge.
After Luo Zhendong heard that all parties had no objections, he nodded slightly, and then came the final key point.
Whether Jiang Ge can be innocent or not depends on this.
Luo Zhendong knew that the prosecutor would definitely not recognize self-defense.
After all, from a fact-finding perspective, it is almost impossible to determine 3.8 as legitimate defense if it causes death.
But because of Ye Qiu's existence, everything is uncertain.
In short, defendant's lawyer, let me see how amazing your performance is.
Boom boom.
The gavel struck.
Luo Zhendong slowly opened his mouth and said
"There is no objection from all parties, and the plea of self-defense will now be launched."
"According to the defendant, Jiang Ge, the defendant, was exercising legitimate defense."
"Now ask the defendant’s attorney to state the legal basis or factual basis for self-defense."
"Okay, Judge."
Ye Qiu smiled slightly.
The legitimate defense link is the key to innocence.
But it is not the key to Ye Qiu's plea.
After all, he has never forgotten.
There is also the matter of counter-suing law enforcement agencies.
And the basis for counter-suing law enforcement agencies , it’s in this link!
But don’t worry, step by step, you can truly prevent all criminals from slipping through the net.
Then, Ye Qiu took out a piece of material and spoke calmly and calmly.
"According to Article 20 of the Criminal Law, the explanation of legitimate defense:......【I won’t write it down in detail.】"
"Within the understanding and application of this article of criminal law, it is clearly stated that the suppression of illegal intruders and their actions is a defensive act performed to safeguard the legitimate rights and interests protected by the law and is a legitimate defense."
"According to the situation our client faced at that time, nine people including the victim Gan Wuxin continued to infringe on the personal safety of our client, and the victim Gan Wuxin even more seriously infringed on Chen Yue."
"The actions carried out by our client were obviously to stop the illegal infringements of Gan Wuxin and other illegal intruders and to protect their own rights and interests."
"Therefore, our client’s behavior was justified in self-defense."
At the prosecutor's table.
Tang Yidong suddenly raised his hand and said in a deep voice
"Chief Judge, we have objections!".
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