Chapter 44: Are You Being Stubborn? Then Go Be Stubborn with the Law Enforcement Authorities!
Outside the courtroom, the audience watching the live broadcast of the hearing erupted into discussion.
'Damn, it sounds quite impressive. Does this mean he is going to win the case? Support!'
'Support +1! But what I want to ask is, what exactly is a stress response? Professor Luo, can you explain the appellant's argument to us?'
'Yes! I want to hear it. I want to understand what it actually means!'
'Professor Luo, please explain it to us!'
After hearing Su Bai's courtroom argument and seeing the comments in the comment section, Luo Daxiang smiled slightly and nodded.
"Alright, since everyone wants to hear it, I will first explain the most critical issue in this hearing."
"Everyone has already heard the litigation requests of both parties in this hearing. The key point of this hearing lies in whether Qi Feng's conduct constitutes legitimate defense."
"This is also why counsel for the appellant, Su Bai, repeatedly emphasized in his statement that Qi Feng acted in legitimate defense, while the prosecution lawyer Lu Wei consistently denied that Qi Feng's conduct constituted legitimate defense, because this is the core element of this debate."
"In the statement just now, counsel for the appellant expressed a viewpoint, namely that Qi Feng did not commit an intentional crime but rather committed a stress induced offense."
"Why did counsel for the appellant conduct the defense from this perspective?"
"The reason is that a stress induced offense refers to a criminal act committed in response to a sudden situation."
"For example, in this case."
"According to the statement of counsel for the appellant."
"Qi Feng acted under a strong emotional state of self defense, which belongs to an emotional offense rather than an intentional offense."
"If this point is affirmed by the presiding judge, then there are two possible outcomes for Qi Feng in the second instance."
"The first possibility is legitimate defense, in which case he does not bear criminal responsibility."
"The second possibility is excessive defense, in which the fact of the crime is affirmed but the punishment will be mitigated."
"In any case, once this point is successfully determined, Qi Feng will no longer be sentenced to death in the final judgment of this case."
"However, the specific situation still depends on whether Prosecutor Lu's response to the appellant's counsel's argument is reasonable and lawful and whether it can overturn the appellant's counsel's statement."
"Through these considerations, the presiding judge will make the final determination. I believe Presiding Judge Lin Youping will be able to deliver a reasonable and lawful judgment."
A comment appeared in the comment section.
'So does this mean that counsel for the appellant is setting a trap for the opposing side? As long as this defense point is established and determined, then no matter what happens Qi Feng will not be sentenced to death?'
Luo Daxiang nodded slightly.
"It is roughly like that."
"But it is not exactly a trap."
"Lawyer Lu will also likely present strong rebuttal arguments, and at that time it will still depend on the in court defense of counsel for the appellant and the inclination of the presiding judge."
"This hearing is very exciting. Let us continue watching."
Regarding Su Bai, Luo Daxiang still held a trace of hope.
However, this case, to be honest, was very difficult.
One could only place hope in expectation.
At the hearing site.
Lu Wei met Su Bai's gaze and slightly frowned.
'Bang!'
After hearing Su Bai's defense opinion, Presiding Judge Lin Youping briefly examined the materials and struck the gavel.
"Does the prosecution have anything to state regarding the defense opinion raised by the appellant?"
At the prosecution's seat.
Lu Wei looked at the evidentiary materials in his hands and slowly spoke.
"Regarding the legitimate defense and non intentional homicide raised by the appellant, our side does not agree."
"According to Article 20 of our country's Criminal Law, legitimate defense refers to defensive conduct adopted by a party during the course of violent criminal activity that seriously endangers his personal safety."
"However, in this case, Qi Feng was already holding a knife and therefore possessed the ability to protect himself, and the two opposing individuals did not seriously endanger Qi Feng's personal safety."
"Furthermore."
"At that time, when the other two individuals launched an attack on Qi Feng, he held a knife and carried out counterattacks. During this process he engaged in knife swinging actions. If there had been no subjective intention, why did he swing the knife at both individuals?"
"If it had been directed only at one person, it could be considered a non subjective factor, but when directed at two individuals, there exists suspicion of intentional conduct."
"Regarding this point, our side believes that the opposing party's subjective intention constituted conscious conduct."
"Presiding Judge, our statement is concluded."
Lu Wei spoke slowly, and after finishing placed the materials in his hands on the table.
As a senior criminal lawyer, he knew that the core points of this case lay in the determination of legitimate defense and the determination of intentional injury.
As long as these two points could be stabilized, it would be sufficient.
After finishing his statement, Lu Wei raised his head and looked in the direction of Su Bai.
A slight smile appeared at the corner of Su Bai's mouth.
Lu Wei slightly frowned. A smile? At a time like this, how could he still be smiling?
Could it be that he thought he had already won?
For some reason, Lu Wei suddenly had a somewhat uneasy premonition in his mind.
However, he was also certain that there had been no problems in his argument, as everything had been answered around the core issues.
His mind became somewhat reassured.
At the judicial bench.
After hearing both parties' arguments regarding whether Qi Feng's conduct constituted subjective intent in intentional injury, Presiding Judge Lin Youping lowered his head to look at the materials in his hands and then raised his head.
"Both parties' defenses have expressed their respective opinions regarding whether Qi Feng possessed subjective intent."
"Appellant's side, do you have anything further to supplement?"
Su Bai slightly adjusted his suit and drew a document from a stack of materials.
"Presiding Judge, regarding the prosecution lawyer's statement that Qi Feng, by holding a knife, possessed the ability to protect himself and that the two opposing individuals did not endanger Qi Feng's safety, I do not agree."
"Presiding Judge, this is the identification report regarding the information of the two opposing individuals provided by the law enforcement authorities. The report clearly states."
"The two individuals had previously frequently participated in fighting incidents, which demonstrates their troublesome nature."
"Qi Feng holding the knife merely provided himself with psychological reassurance and he did not initially choose to act proactively."
"However, the actions of the opposing party were to continue infringing upon our client Qi Feng and were in the process of carrying out such conduct."
"Our counterattack occurred under these circumstances and subjectively cannot be determined to constitute intentional injury."
"Moreover, our side has already stated the definition of intentional injury in criminal law."
"First, the knife was not prepared in advance by our client. He only intended to defend himself and happened to see the knife in the shopping mall without any prior purpose."
"Second, our client's subjective intention was very clear. It was only to frighten them and force them to retreat as a defensive measure and he did not foresee that the situation would develop into the subsequent result."
"According to the materials provided by the law enforcement authorities, there has already been a description of Qi Feng's psychological condition at that time. The contents of the materials state that Qi Feng was in an extremely frightened and panicked psychological state and that his primary purpose was to protect himself."
"Now the prosecution suddenly proposes that our client's act of swinging the knife at the two individuals does not belong to defensive conduct in terms of subjective intent but constitutes intentional conduct."
"Does this mean that the prosecution intends to overturn the evidentiary materials provided by the law enforcement authorities?"
"Our side requests that the prosecution present new evidence or provide an explanation overturning the evidentiary basis provided by the law enforcement authorities."
With a slight smile at the corner of his mouth, Su Bai looked toward Lu Wei.
If contradictions cannot be resolved, then redirect the contradictions elsewhere.
If you insist on confronting me directly, then go and attempt to confront the law enforcement authorities instead.
After noticing Su Bai's gaze, Lu Wei found it somewhat difficult to maintain his composure.
???
'You are asking me to overturn the evidentiary materials provided by the law enforcement authorities?'
'How could I possibly have that ability!'
'Moreover, this line of defense of yours is far too unconventional.'
'Is this not clearly the conduct of a litigation trickster?'
'Damn!'
Lu Wei nearly lost his composure and almost uttered profanity, but he forcibly restrained himself and only then managed to maintain control of his expression.
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