Chapter 48: Courtroom Statement, Second Recess
At the presiding judge's seat on the judicial bench.
Lin Youping looked at the materials on the bench and struck the gavel.
"The appellant and the prosecution have both completed the presentation of their respective defense opinions."
"The court will now proceed to the final stage, the courtroom statement."
Presiding Judge Lin Youping looked toward the prosecution's seat.
"The prosecution will now present its statement."
The hearing had reached the final stage.
Lu Wei likewise understood that this was the most critical stage. Once the courtroom statement was completed, there would no longer be any room for further defense.
At that time.
The presiding judge might announce the result directly in court.
Lu Wei looked at the materials placed on the table. It had already been determined that Qi Feng did not constitute intentional injury, which meant that he had already lost the case.
However.
Excessive defense also involved differences in sentencing severity and punishment.
Taking a deep breath, Lu Wei looked at the litigation materials and slowly began speaking.
"Our courtroom statement is as follows."
"Regarding Qi Feng's excessive defense, which resulted in the deaths of two individuals, and the continued infliction of harm after the opposing individuals had already lost the capacity to act, ultimately leading to their deaths, it can be said that this far exceeded the limits of defensive conduct."
"The law pursues equality for all and equality of the right to life."
"The right to life is the highest priority right."
"The harm caused by Qi Feng is immeasurable. It not only resulted in the loss of two lives, but also caused immeasurable harm to the two families involved."
"In such circumstances, our side believes that consideration should be given to whether the sentencing is appropriate and that a heavier and stricter sentence should be imposed in order to provide a punishment acceptable to the deceased and their families."
At present.
Since Qi Feng could no longer be determined to have committed intentional injury, it was necessary to increase the severity of sentencing through the statement as much as possible.
This was also the last thing Lu Wei could do.
Lu Wei raised his head and looked toward the presiding judge's seat.
"Presiding Judge, our statement is concluded."
'Bang!'
Lin Youping struck the gavel.
"The prosecution has completed its statement. The appellant will now present its courtroom statement."
A sharp intake of breath.
The most critical point had arrived.
Su Bai had long been prepared and was waiting for this very moment. He took several sheets of materials from the litigation documents and slowly began speaking.
"Our courtroom statement is as follows."
"In the Qi Feng case, the matter should not be considered solely from the perspective of the result caused by Qi Feng, but should also comprehensively consider factors such as the nature, method, intensity, and degree of harm of the unlawful infringement, as well as the nature, timing, method, intensity, and surrounding environment of the defensive conduct."
"In determining the result of the hearing, it is necessary to ensure that the judicial decision can withstand the examination of the law and also conforms to the concept of social fairness and justice."
"Fairness and justice do not refer to the result, but rather to the entire process of the defensive conduct."
"Our country's legal determination regarding the cessation of defense and the assessment of whether the aggressor still possesses the capacity to continue infringement is overly general and is not conducive to public recognition of legal justice."
"The reason the Qi Feng case has attracted public attention lies precisely in this point, as it does not conform to the public's expectations of legal justice."
"Presiding Judge, I would like to insert some additional related content at this point."
Su Bai spoke.
Lin Youping struck the gavel.
"Approved."
"Thank you, Presiding Judge."
Su Bai nodded and continued speaking.
"With respect to the Qi Feng case, the number of views of related short videos across the internet has reached several hundred million. Among them, in a recently widely viewed reposted video, there was a comment under the comment section that received more than one hundred thousand likes, which stated as follows."
'For the Qi Feng case, the reason our level of attention is so high ultimately lies in the fact that Qi Feng represents the psychology of the general public'
'Who hopes that when they are bullied, they cannot fight back?'
'If fighting back is determined to be mutual combat or intentional injury, then are we supposed to watch helplessly as we ourselves are bullied, and only after being bullied pick up the weapon of the law?'
'Is delayed justice still the justice we want?'
"Although there are certain problems in the statement of this passage, it represents the voice of the general public and represents the resonance of the public."
"The justice of the law should not incline toward the aggressor."
"According to our country's determination regarding legitimate defense, during this process it is very difficult for the victim to determine whether the aggressor still possesses the capacity to continue infringement."
"For such a determination, it is very difficult to make a judgment."
"If the aggressor's infringement upon the victim leads the aggressor to realize during the victim's counterattack that the victim may cause harm in return, and the aggressor deliberately stops the infringement, but when the victim chooses to stop, the aggressor again commits infringement against the victim, does this not constitute an aggravation of harm against the victim?"
"The determination between legitimate defense and excessive defense should be considered from the perspective of the surrounding environment, and the environment in which Qi Feng was situated at that time was precisely an environment of legitimate defense."
"The right to life is the highest priority right and cannot and should not be established on the basis of infringing upon the lawful rights and interests of others."
"If it is established on the basis of infringing upon the lawful rights and interests of others, then how can the lawful rights and interests of others be protected?"
"Borrowing the comment of a netizen, can rights established upon the lawful rights and interests of others be regarded as legitimate rights?"
"Presiding Judge, our statement is concluded."
After Su Bai completed his statement, he raised his head and looked toward the judicial bench.
At the judicial bench, after hearing Su Bai's statement, Lin Youping slightly frowned and remained silent for several seconds.
"Appellant's side, regarding the video comment you have cited, is there evidentiary support for it?"
Facing the presiding judge's question, Su Bai let out a long breath, and most of the tension in his mind disappeared.
"Yes, Presiding Judge."
Su Bai handed over the materials he had prepared in advance to the staff member beside him, who then passed them to Presiding Judge Lin Youping.
After receiving the materials, Lin Youping passed them to Fang Mei and Zhu Xiong for review, and the three members of the collegial panel exchanged glances with one another.
'Bang!'
Lin Youping struck the gavel.
"The court will now enter recess."
"After thirty minutes, the recess will end and the court will announce the judgment."
A second recess was announced.
Su Bai let out a long breath.
The purpose of this recess was very clear. It appeared that the presiding judge's original intention had been to determine excessive defense.
However, after his courtroom statement and final defense, there seemed to be an intention to change that decision.
But how it would ultimately be determined was difficult to say.
Su Bai's gaze fell upon Qi Feng, and he nodded slightly in an almost imperceptible manner without saying anything.
On the other side, Lu Wei's gaze remained fixed on Su Bai, as if thinking about something.
Su Bai noticed Lu Wei's gaze and did not deliberately avoid it, nor did he continue to meet it, but merely glanced at him lightly and then looked away.
Seeing this, Lu Wei withdrew his gaze and stared intently at the hearing materials in front of him.
Inside the collegial panel deliberation room.
The three members of the collegial panel once again discussed the case. Lin Youping looked toward Fang Mei and Zhu Xiong.
"Please speak."
"I think this courtroom debate has been quite excellent, especially the final segment of defense and statement. Please express your respective views."
Zhu Xiong remained silent for a moment and then spoke.
"Both parties' arguments have certain legal bases. According to previous courtroom judgments, it should be determined as excessive defense."
Fang Mei nodded seriously.
"According to previous courtroom practice, this case should indeed be determined as excessive defense, but the impact of this matter is not small, especially the courtroom statement raised by the appellant's lawyer."
Faced with Fang Mei's final remark, Zhu Xiong slightly nodded.
The pressure of this hearing was somewhat significant. This case could already be regarded as a very classic case, and it greatly tested the ability and level of the presiding judge.
After hearing the statements of the two, Lin Youping slightly nodded and formed a determination in his mind.
Seeing this, Fang Mei and Zhu Xiong did not say anything further, but at the same time both of them seemed to think of something.
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