You became a lawyer and sent the judge in?

Chapter 114 Charges, Application for Death Sentence

In court.

From the announcement of the adjournment to the opening of the court, there was a full delay of four hours.

The main reason is that the members of the collegial panel need to be replaced and the principle of avoidance should be followed.

Things that need to be coordinated are a bit of a hassle.

The Nandu High Court re-announced the opening of the court after four hours after going through the fastest process.

This made many viewers who watched the trial scold their mothers
Lawyers hate the presiding judge, the judges, and they are so happy, you just announce the adjournment?
Even if the court was adjourned, it took four hours for the court to start!
But fortunately, it was the day I waited.
.
.... ...

After the court session.

Go through the court process again.

Yu Caixia sat on the presiding judge's seat, circled around the trial scene, and looked at Su Bai, who was sitting on the accuser's seat.

She still has a deep impression of Su Bai.

That Nandu Bank case gave Yu Caixia a certain impression of Su Bai, a lawyer.

But impressions belong to impressions, favors belong to favors, the law is the law, and court trials are court trials.

For the trial.

Her basis is, legal defense, evidence, statement.

In addition, there is no other judgment that can affect the trial.

As for the sophistication of the world, Yu Caixia is very principled in the court trial.

This is also the main reason why Su Bai agreed to replace the judge with Yu Caixia.

Su Bai raised his head slightly and looked towards the trial platform.

This time, besides Yu Caixia, the vice president and presiding judge, the collegiate panel members also have two judges, Jin Yufang, a woman, and Chuanjie Wang, a man.

A single person formed the new collegiate panel members.

On the presiding judge's seat.

Yu Caixia looked at the trial materials, and said slowly: "This court follows the principle of recusal, and has disqualified the original judges Zhou Qiangsheng, Zhang Guangquan, and He Hui for this case."

"Yu Caixia, Jin Yufang, and Wang Chuanjie form the new collegial panel members of the Nandu Higher Court."

"Have any of the three parties to the lawsuit raised any objections, or filed a request for recusal?"

Prosecutor Zheng Lijun: "No objection, no application for recusal."

Defendant's lawyer Jiang Min: "No objection, no application for recusal."

At this time, everyone's eyes fell on Su Bai.

I want to see if Su Bai will bring up the avoidance principle again.

Until Su Bai said: "No objection, no application for recusal."

Some people's big rocks in their hearts are relaxed.

The hearts of the people who eat melons also dropped a lot in an instant.

You have no objection!

Go on!

Su Bai: ...
 …
The scene of the trial.

Boom boom boom!
Yu Caixia rang the gavel and continued:
"There is no objection from all parties to the trial of this case by Yu Caixia, Jin Yufang, and Wang Chuanjie. The cause of action is hereby announced."

"This case is being heard by the Nandu High Court for the following reasons:"

"In this case, the perpetrator, Qin Xiaofeng, male, is an adult. He knocked down the victim, Lu Ying, while driving. After a quarrel, Qin Xiaofeng deliberately injured Lu Ying in anger, causing her death. The second-instance judgment was made by the Nandu High Court The family members of the injured party made an error in the determination of the original second-instance judgment, and the Supreme Court will instruct the High Court to conduct a retrial."

"For the above."

"Are there any objections from the parties?"

Prosecutor Zheng Lijun: "The case is true and there is no objection."

Defendant Fang Jiangmin: "No objection."

Su Bai: "No objection."

Boom boom boom!
Yu Caixia struck the gavel again:
"The parties have no objection to the facts of this case, so I invite the prosecution to make a statement."

"The victim is also the accuser and is preparing to make additional explanations."

Boom boom boom!
"let's start."

Yu Caixia sorted out the materials and looked at the prosecutor Zheng Lijun.

"Good judge."

Zheng Lijun looked at the materials he had already prepared, and stated:
"The prosecution determined that:"

"The defendant, Qin Xiaofeng, is suspected of intentional homicide, which has caused a major social impact, and requests the court to impose the death penalty on Qin Xiaofeng."

"The charges are as follows:"

"First, Qin Xiaofeng drove the car and caused harm to the victim, Lu Ying. Not only did he fail to inquire in time, but he also attacked the victim with a knife because of the quarrel."

"The attack lasted five times, facing a pregnant woman, the method was cruel, and the social impact was extremely bad."

"Second, according to the evidence provided by law enforcement and Qin Xiaofeng's confession, when Qin Xiaofeng got out of the car, he had a quarrel with Lu Ying. Carry out criminal acts against Lu Ying."

"This behavior is entirely for the purpose of intentional crime, and the body has a knife, which itself has a tendency to commit crimes intentionally."

"Thirdly, Qin Xiaofeng was eighteen years old when he committed the crime, and he already possesses the ability to bear criminal responsibility that an adult should have. He has the ability to bear the things he has done, and should be judged by law."

"Fourth, this case has aroused huge public opinion in the society, resulting in huge social influence and extremely bad social influence. Since the victim is a pregnant woman, Qin Xiaofeng's intentional criminal behavior directly led to one dead body and two lives, causing It has caused public dissatisfaction with legal justice, and has caused serious and bad influence.”

"According to the relevant provisions of the Criminal Law, if a criminal suspect commits an intentional crime, it is found to be a major crime, the means are extremely cruel, and the social influence is bad, so he has the right to be sentenced to death."

"That is, the prosecution applied to sentence Qin Xiaofeng to death."

"Judge, we have finished our statement."

After Zheng Lijun finished stating the lawsuit application and related matters according to the materials prepared in advance, he looked up at the trial platform.

on the bench.

According to Zheng Lijun's statement, Yu Caixia briefly sorted out the trial materials.

Then he looked at Su Bai on the accuser's seat.

"Excuse me, the accuser and the victim, do you have anything to add...?"

Prosecutor Zheng Lijun has already said what should be said.

Apply for the death penalty.

And supplemented a series of evidence explanations.

At the stage of presenting the lawsuit application, Su Bai had nothing to add.

Clear your mind.

Su Bai said: "Presiding judge, we have nothing to add to the prosecution's application statement."

Boom boom boom!
The gavel sounded.

"The prosecution has finished its statement, and now the defendant's lawyer is asked to make a defense."

The pressure was on Jiang Min.

During the first and second trials of this case, Jiang Min was the defense lawyer.

To be honest, the defense pressure is not very great.

Just follow the normal flow.

The death penalty is almost impossible, and there must be no problem with a suspended death sentence.

But this retrial
At present, Su Bai's application to use the avoidance principle has already changed all the members of the collegial panel.

Facing Su Bai, the "Tianke" of Nanyuan Law Firm, he is really sure that he has no chance of winning.

However, the defense still needs to continue to do its best.

Take a deep breath.

Jiang Min began to defend the commutation of sentence.

"Good Judge"

"Our claim is as follows:"

"One: Our party has a good attitude of admitting his mistakes, voluntarily pleaded guilty, there is no situation of refusing to plead guilty, and he is frank and confessed to his criminal facts."

"Two: According to the description of our party and the evidence of the law enforcement party:"

"First, our client didn't know the fact that Lu Ying was pregnant at the first time."

"Second: Our client carries knives in the vehicle, but the purpose of our client's carrying knives is not intentional homicide."

"Third: When the quarrel broke out, our side did not commit the murder immediately, but under the stimulation of the fierce quarrel and the other party's words, we committed the murder. This is not an intentional murder."

"According to the concept of criminal psychology, this is a psychological and emotional crime under impulsive behavior, also known as a crime of passion. The motive of this type of crime is not just intentional killing."

"It's a criminal act based on the mental state of the perpetrator."

"At the same time, our age has just reached adulthood, so it is a normal situation to have this mentality."

"In addition, our party has the subjective willingness to surrender. According to the criminal law, the criminal's punishment should be appropriately reduced for surrender, and the punishment should be exempted for minor crimes."

"I would like to ask the presiding judge to consider the sentence for our client, Qin Xiaofeng, from these aspects, rather than directly conclude with the death penalty."

"Judge, we have finished our statement."

After Jiang Min finished his statement.

Su Bai's eyes fell on the accused party's seat.

Jiang Min did not deny Qin Xiaofeng's criminal facts, because this cannot be denied.

It can be seen that the other party is trying to obtain Qin Xiaofeng's commutation of sentence and rejection of death penalty from other aspects.

There are two key points.

The first point is from the subjective purpose of carrying the knife, thus proving that Qin Xiaofeng did not intend to murder, but a crime of passion.

There is a big difference between these two points.

When Su Bai defended Qi Feng, he used the viewpoint of emotional crime to express Qi Feng's subjectivity.

He didn't expect that Jiang Min would use it in Qin Xiaofeng's case.

You must know that the subjective criminal motive of intentional murder is strong, and it must be sentenced from the aspect of severe punishment.

For emotional crimes, compared with subjective intentional murder, the subjective criminal motive is a little weaker, and may result in a lighter sentence.

This is the first key point of Jiang Min's defense - passion murder, emotional crime.

The second key point is from the aspect of self-surrender.

in the legal definition.

Surrender can indeed be punished lightly.

This is also a legal measure to avoid firm resistance from criminal suspects.

But.….
Qin Xiaofeng definitely surrendered himself...?
For this conclusion, Su Bai can't say that he is not sure, but the other party can't say that he is sure either.

Boom boom boom!
The presiding judge, Yu Caixia, rang the gavel. After listening to Jiang Min's description, Yu Caixia frowned slightly, and then looked at the prosecution.

"Does the prosecution have anything to refute the defendant's statement?"

Zheng Lijun looked at the lawsuit materials and frowned.

He has learned about this case many times, and according to what the other party said, the death penalty is indeed unreasonable.

But as the prosecutor himself.

Putting aside the opponent's arguments, there is really nothing wrong with applying for the death penalty.

Facing Jiang Min's report, Zheng Lijun couldn't find any good angle to defend for a while.

After being silent for more than ten seconds, he questioned with a small pleading point: "Then why did Qin Xiaofeng stab Lu Ying five times...?"

"The first stabbing can be explained as an impulsive criminal act, so how can this be explained...?"

"The time for five knives is between five and 15 seconds. This time can be regarded as a relatively long time in the crime of using knives for intentional injury. Regarding this, how does the defendant explain?"

Facing the questioning, Jiang Min said calmly: "Through the statement just now, it has been shown that our client is a crime of passion, a crime of emotion."

"Under this kind of behavior, the criminal's sanity is weakened or lost, and his ability to control himself is weak, which can also explain why our client continued to harm the victim under that circumstance."

After listening to Zheng Lijun and Jiang Min's statement, Su Bai frowned slightly.

It is clear.
During the plea between public prosecutor Zheng Lijun and defense lawyer Jiang Min.

Currently, Jiang Min has a certain upper hand.

Because Zheng Lijun was taken away, he followed Jiang Min's rhythm and left.

of course.

This is also understandable, Jiang Min's defense is well-founded, and it is definitely not feasible to break through the two points just now.

so.…

Zheng Lijun wanted to prosecute Qin Xiaofeng's crimes through other means.

But it was blocked back.

After Jiang Min finished his statement, Zheng Lijun looked in Su Bai's direction and sighed deeply.

As a public prosecutor, he may not be able to beat Jiang Min.

But as Su Bai is a top criminal lawyer, that might not be the case.
.
.... ...

at the same time.

Qin Xiaofeng's eyes lit up in the defendant's seat. He didn't know much about the law.

But he also knew that the verdict of the second instance had already been finalized, but he brought in another retrial.

It must be against him.

As his defense lawyer, Jiang Min also told him that the retrial this time made him mentally prepared.

But judging by the current situation...
My own side belongs to the upper hand...
At the beginning, when facing the accusation, Qin Xiaofeng was still worried, but now, the hanging heart has dropped a lot.

The same is true for Wan Yuping in the family seat.

He fixed his gaze on Su Bai, with a deep complaint in his eyes.

Niu ah...

Although you say you are awesome...But right now we still have the upper hand.

After Jiang Min finished his statement, Wan Yuping smiled triumphantly.

There is probably nothing wrong with this trial.

That Su Bai might not be able to beat the lawyer they hired.

Jiang Min: .
You bragging, don't take me...
.... ...

Compared to Wan Yuping, Qin Anhai was much calmer.

after all
He knew very well that in the current trial, it seemed that their defenders had a certain advantage, but they were facing the public prosecutor.

The real problem is facing Su Bai's accusation.

Didn't see it. Su Bai took away He Hui who was not conducive to the trial
Therefore, Qin Anhai's heart is still in suspension regarding the situation of the next court trial.

PS: Ask for a monthly pass~

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(End of this chapter)