He sternly admonished, "During the trial, unauthorized personnel are prohibited from speaking, and gathering to create disturbances is also prohibited. If you continue to disrupt court order, you will be expelled!"
anwhile, to uphold the dignity of the judiciary, the surrounding bailiffs also stepped forward. They issued warnings to Liu i and the others. Under the threat of expulsion, Liu i and the others reluctantly shut their mouths.
Calm was restored in the courtroom. Seated in a corner of the public gallery, Qin Mu watched the entire scene unfold. He was deeply impressed.
The combativeness of Liu i’s group... was truly frightening. They lacked a basic understanding of rules, and despite the courtroom discipline being announced, they had no conscious adherence to it. Moreover, in the arena of arguing, they possessed great skill and extensive experience. The mont they opened their mouths, a storm was bound to erupt. It wasn’t simple at all. Additionally, the scene of Chen Daoguang fiercely confronting the prosecutor also completely caught him off guard.
Generally speaking, in criminal cases, most are prosecuted by the public prosecution office, and the indictnt is only sent to the defendant. The victim... is not notified. The public prosecution office is under no obligation to inform the victim of the case details; that duty lies with the public security organs. Since Chen Daoguang and the others were detained in the detention center, they were utterly unaware of the sentencing details in the indictnt. Therefore, their shock was apparent when they heard an eight-year sentence.
In fact, the proposed eight-year fixed-term imprisonnt by the prosecutor was very reasonable. This case was a clear instance of assault. Huang Lan’s actions, both objectively and subjectively, constituted the cris of negligent homicide and intentional assault. These actions were defensive asures taken simultaneously. Thus, one offense absorbed the other, and she was sentenced for the more severe cri. In cases of negligent homicide where circumstances are severe, the sentence ranges from over three years to under seven years of fixed-term imprisonnt. For intentional assault, if severe, the sentence ranges from over three years to under ten years of fixed-term imprisonnt. Therefore, Huang Lan’s cri of negligent homicide was absorbed by the intentional assault, making the sentence less than ten years of fixed-term imprisonnt.
Additionally, the prosecutor’s office determined this case to be one of excessive defense. Legally, situations of excessive defense may warrant a reduced punishnt or exemption from punishnt. Thus, a sentencing suggestion of eight years’ imprisonnt was provided.
To be honest, this sentencing decision... was already very reasonable and fair. If it had been intentional homicide resulting in one death and four injuries, then it would likely result in a death sentence. For instance, the case Liu i and the others ntioned, where a university student injured a peasant woman in a collision and then killed her, resulted in a death sentence. The sentencing reason... was intentional homicide with particularly despicable circumstances and a significant social impact. In the context of a traffic accident, intentional homicide to avoid being falsely accused is an act of extrely heinous nature. If such acts are not sentenced to death, others in society might dare to emulate them in the future.
The purpose of criminal law... is first, for retribution, and second, to deter society and prevent cri. The bridesmaid’s case... stemd from an encounter with illegal aggression; it was self-defense, an attempt to escape unlawful harm, that led to one death and four injuries. There were no despicable circumstances or serious social impact. An eight-year fixed-term imprisonnt was a rather reasonable range.
THUMP—
In the courtroom, Zhou Quanmin, after admonishing the disturbance, turned his attention to the defendant’s dock. He said gravely, "Defendant, please respond to the facts stated by the prosecutor."
At the defendant’s dock, Huang Lan swallowed nervously. Encouraged by Zhang Wei’s gaze, she stood up. "Respected Judgnt Chief, judges, and jurors, the behavior ntioned by the prosecutor did indeed occur.
"But at that mont, during the wedding hazing, their behavior was unbearably atrocious. They were constantly tearing at our bridesmaids’ dresses and mauling us.
"I repeatedly reprimanded them, using both words and actions to show my opposition.
"But they only intensified their actions...
"Provoked and desperate, I took out the folding knife and waved it wildly, which unfortunately led to this tragic outco.
"I believe my actions constituted legitimate defense. Even if I exceeded the limits, it was a just exercise of my unrestricted right to defense. I should not bear any criminal responsibility or guilt.
"I earnestly request the court to adjudicate fairly according to the law and grant justice."
Having said that, she bowed deeply to Zhou Quanmin and the mbers of the collegial panel.
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