Thirty minutes had passed since the recess was announced.
The recess ended.
At the clerk's call of "All rise," Lin Youping and the two other judges returned to the bench.
Bang, bang!
"The recess is over. Court is now back in session."
Lin Youping looked at the hearing documents in his hand, raised his head slightly toward the appellant's table, then glanced down at the documents again.
"Based on the submissions and arguments from the appellant and the Prosecution, this court has identified the following issues in dispute for this appeal."
"First: whether Qi Feng possessed criminal intent."
"On the first issue, this court makes the following finding based on the evidence submitted by the appellant and the Prosecution."
"An intentional crime is defined as an act committed with the knowledge that it will produce a socially harmful consequence, while desiring or allowing that consequence to occur."
"The evidence submitted by the appellant and the arguments just presented establish that Qi Feng neither desired nor consciously allowed such a consequence. His actions therefore did not constitute intentional injury."
"This court finds that Qi Feng did not commit intentional injury!"
Bang!
With the finding that his actions did not constitute intentional injury, the conviction carrying the death sentence could no longer stand.
Qi Feng clearly understood what this meant. His whole body trembled, his eyes reddening with emotion as he looked toward Su Bai at the appellant's table through a haze of tears.
I don't have to die. I don't have to face the firing squad!
At that moment, his heart shook with overwhelming emotion, as though a glimmer of dawn had appeared in the darkness of utter despair.
What was this?
It was hope!
Excitement, gratitude, and a tangle of other emotions surged through Qi Feng's heart.
His gaze brimmed with gratitude.
Su Bai gave a slight nod.
He signaled for Qi Feng to contain his excitement for now and keep listening to the Presiding Judge.
From his seat on the bench, Lin Youping raised his head slightly toward the respondent's table and continued.
"Does the Prosecution have any objections or additions to this finding? You may raise them before the court."
Lü Wei took a deep breath. He had already lost this argument. There was no point in adding anything further.
"We have no objection."
"Very well."
Lin Youping nodded slightly, picked up the documents in his hand, and continued.
"We will now hear arguments on the second issue in dispute: whether Qi Feng acted in lawful self-defense."
"Counsel for the appellant, please present your argument in support of your claim that Qi Feng acted in lawful self-defense."
Lin Youping looked up at Su Bai at the appellant's table.
Su Bai knew perfectly well that, now that the court had found Qi Feng had not committed an intentional crime, the next step was to secure a finding of lawful self-defense.
His answer to the Presiding Judge's question would be crucial.
Su Bai straightened the case documents before him.
"Presiding Judge, our argument that Qi Feng acted in lawful self-defense rests on the application of Article 20 of our country's Criminal Law."
"At the time, Qi Feng was under attack by two people, both habitual offenders who frequently broke the law. No one could guarantee how much harm they would inflict on our client. Qi Feng was in considerable danger."
"Under the judicial interpretation of lawful self-defense and the evidence provided by the Prosecution:
"First, an unlawful assault was taking place.
"Second, the defensive action occurred while that unlawful assault was ongoing.
"Fourth, Qi Feng's defensive actions were intended to protect his lawful rights and interests from unlawful infringement.
"Fifth, Qi Feng's defensive actions were directed against the perpetrators themselves.
"All of the above conditions applied to our client, given the circumstances at the time.
"As for the third requirement-that defensive action must not exceed certain limits-I would like to explain that point in greater detail, Presiding Judge."
Lin Youping looked at Su Bai and struck his gavel.
"Permission granted. Counsel for the appellant, present your argument."
Su Bai had studied the first-instance judgment. Lü Wei's main emphasis had been on the third requirement for lawful self-defense:
Defensive action must not exceed certain limits. Qi Feng had killed two people, which could be said to have far exceeded those limits.
Arguing against that point
would be difficult.
What he needed was not to win on that point, but to prevent the other side from winning. That alone would count as a victory for him!
With the Presiding Judge's permission, Su Bai put his documents in order and began slowly.
"The Criminal Law stipulates that defensive action must not exceed certain limits. This means that the immediate purpose of defensive action must be to stop an ongoing unlawful assault.
"In other words, defensive action must be limited to stopping the unlawful assault. Once that assault has been stopped, defensive action must not continue."
"Under this definition of lawful self-defense, Qi Feng's immediate purpose in swinging the knife was to stop the unlawful assault.
"After his initial defensive swing, Qi Feng continued swinging because the two attackers continued their unlawful assault. That was why he swung the knife several times."
"Qi Feng did not foresee that the two attackers would die. At the time, both his actions and his state of mind remained directed toward defending himself."
"Only when both attackers fell to the ground did Qi Feng stop. He did not continue harming them. Thus, the circumstances of his actions met the requirements for lawful self-defense."
"Presiding Judge, that concludes our argument."
Su Bai finished speaking.
On the bench, Lin Youping checked Su Bai's account against the evidence provided by the Prosecution. After confirming that it matched, he nodded and looked toward the Prosecution's table.
"Prosecution, please present your argument on whether Qi Feng acted in lawful self-defense."
Lü Wei remained calm in the face of Su Bai's interpretation of the law.
He glanced through the documents before him. "Yes, Presiding Judge."
"Our argument is as follows."
"We submit that, under Article 20 of our country's Criminal Law and its judicial interpretation:
"Where defensive action clearly exceeds the necessary limits and causes serious harm, criminal liability must be borne."
"Qi Feng caused the deaths of two people. This plainly constitutes serious harm."
"Furthermore, counsel for the appellant stated that Qi Feng stopped only after both attackers fell to the ground, and that he did not continue harming them.
"However, we must consider whether those two people still had the ability to continue their unlawful assault during that process."
"The answer is obvious. After Qi Feng swung the knife,
"both attackers were injured."
"Although they may have wished to continue their unlawful assault,
"they no longer had the ability to do so!"
"Clearly, Qi Feng's actions exceeded the necessary limits!"
"Presiding Judge, that concludes our argument."
Lü Wei finished speaking.
Su Bai's gaze settled on Presiding Judge Lin Youping on the bench.
Although his own argument had been reasonable, Lü Wei had argued from the attackers' ability to act. That was a point he could not refute.
Of course.
The Presiding Judge still had to consider his argument as well.
Whether the court would find lawful self-defense still depended on the Presiding Judge's view. The final crucial step would be the closing statement.
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(End of chapter)
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