You became a lawyer and sent the judge in?

Chapter 121 Interrogation in court!

The case of Wang Mingxuan.

The retrial is an application to the Sadu High Court.

Su Bai quickly submitted relevant materials on the issue of the first-instance judgment in Wang Mingxuan's case.

Because of this case.

itself is controversial.

Furthermore, there are many problems in this case itself.

So after Su Bai submitted the relevant materials and evidence to apply for retrial.

The Sadu High Court quickly responded by accepting and hearing the case.

Wang Mingxuan's application for trial of the second instance was approved.

After the second instance was passed, the court quickly issued subpoenas to all parties.

Su Bai also made a certain summary and understanding of this case.

The reason why Wang Mingxuan was sentenced so severely.

The convictions at first instance were:
The crime of negligent death.

and
produced a huge social influence.

Failure to foresee the behavior of the woman has a certain subjective negligence.

During the period when the woman asked to change the route, she did not give a friendly reply, which caused and caused this behavior.

And from a subjective point of view, Lin Xiu had a huge sense of panic on the eve of jumping off the car, but Wang Mingxuan foresaw but did not prevent it, which led to the final result.

Thus it is judged: major negligence, top penalty.

Tsk...
This is not nonsense...
In the absence of strong evidence and absolute interpretation of legal provisions, how can it be judged that Lin Xiu is panicking based on the subjective factors of the trial members and the prosecution's accusation?

Say.

Wang Mingxuan foresees...

Did he foresee Lin Xiu panicking or jumping off the car?

Panic and jump.

These two things have no complete causal relationship in criminal law!

Su Bai speculated that the presiding judge of the first instance might be a woman.

Let's judge this case from the perspective of women.

As a result, Wang Mingxuan was given the highest punishment and was sentenced to seven years in prison.

Instead of considering the case from the point of view of evidence and reason.

Wait until Su Bai goes to check on the members of the first-instance collegial panel.
three female judges
Well, it is indeed a female judge
Rubbed his temples.

Su Bai let out a long breath, now just wait for the second trial to start...

Wait a moment.…

The second trial begins...

Su Bai came back to his senses and glanced at the judges. Fortunately, the presiding judge was a man.

As long as it is not the presiding judge, it is judged subjectively.
Then there wouldn't be much of a problem with this case.
.
....
On the eve of the trial.

Su Bai asked Xia Xue again about Lin Xiu's parents asking for a million reconciliation fee.

It was carried out under the mediation of the court.

Does not constitute extortion.

Although it is said that there are many demands, the actual nature is similar to that of Guo Xiaojun's case.

In this case, there is only one entrustment, and that is to fight against the prosecution's complaint.
.
....
Soon, it was time for the High Court to sit.

Waiting room.

Su Bai and Li Xuezhen waited in the waiting room for the court hearing.

It didn't take 10 minute.

Some staff members entered the waiting room and notified Su Bai and Li Xuezhen to enter the court hearing.
.
.... ...

At trial.

After the clerk read out the court discipline, he said: "All stand up, and the presiding judge and judges are invited to enter the courtroom."

Swish swish.

All rise.

Su Bai raised his head slightly and looked at the presiding judge's seat. The judge: Feng Qian, the presiding judge: Jiang Hetao, and the judge: Zhang Yingying.

Waiting for the presiding judge to stand on the trial platform.

dong dong dong.

The gavel was struck.

"All please sit down."

Next comes the stage of identity verification.

The accusers are only Su Bai and Li Xuezhen.

The prosecutors are two female public prosecutors, namely Xu Qing and Lu Hongmei.

Among them, Lu Hongmei spoke as the main public prosecutor.

Su Bai remembered that during the first trial, Lu Hongmei, as a public prosecutor, made very fierce accusations against Wang Mingxuan during the trial.

They all have a feeling that they want Wang Mingxuan to be sentenced to death...

I don't know why Lu Hongmei is so hostile to men...

Maybe it's a subjective factor in marriage?
Su Bai shook his head, the court had already started, so he didn't continue to think about it.

After Lu Hongmei noticed Su Bai's gaze, she glanced coldly.

Li Xuezhen said in a low voice: "Lawyer Su, that lawyer Lu's eyes are so fierce."

Su Bai smiled: "Don't worry about her, she won't be fierce after a while."

"Oh."

"Good Lawyer Su"

Li Xuezhen nodded seriously with a small face, and then set her eyes on Lu Hongmei.

Lu Hongmei:? ? ?
.
.... ...

Boom boom boom!
Identity verification is complete.

The gavel of the trial of the Yangtze River and Hetao was sounded.

"The identity verification of the personnel information has been completed."

Boom!
"This case is heard by the Shadu High Court on its behalf. The members of the collegial panel are: judge Feng Qian, judge Jiang Hetao, and judge Zhang Yingying."

"The following are the reasons for this case."

"In this case, the litigant believes that the judgment of the first instance is unreasonable, and proposes a second instance to defend his innocence. Is the reason of the case true...?"

"Presiding Judge, the case is true."

Boom boom boom!
Jiang Hetao sounded the gavel and continued to speak:
"The cause of the case is true. Let the litigants state their application and factual or legal basis as a supplement to the trial."

"Good judge."

Su Bai nodded, and after briefly sorting out the trial materials in front of him, he spoke slowly:
"presiding judge."

"Our claim is as follows:"

"One: We believe that the judgment of the first instance sentenced us to seven years in prison, which is unreasonable. This judgment completely violates the legal rights and interests of everyone and infringes our legal rights and interests. We do not obey the judgment of the first instance and request the revocation of the judgment of the second instance. Judgment at first instance."

hiss.
As soon as Su Bai's first sentence came out, the courtroom fell silent for a few seconds.

It is not that you apply to revoke the first-instance judgment, there is no problem.

The application is not guilty, nor is there any problem.

But what do you mean by the latter words?

Completely violated the legal rights and interests of everyone equal.?

That's a bit of a big word.
You just sent the judge in earlier.
But you can't say that in court, can you?

Jiang Hetao on the judgment stand frowned slightly, but did not speak.

Su Bai noticed the changes in the trial, but he didn't care too much. Of course he had his own plans when he said that.
This is just foreshadowing later.

The judge didn't stop.

So that means it's not a big deal.

Su Bai continued to speak: "Presiding judge, our statement of litigation application has been completed."

The case is plain.

There is only one commission.

That is to plead not guilty.

The law generally favors the deceased in court trials.

This is also the difficulty of defending innocence...
But in fact, if it is really based on the rigor of the law, Wang Mingxuan can only offer humanitarian compensation.

Even compensation in the legal sense can be applied for to determine that it does not exist.

and.

The humanitarian compensation still mainly depends on Wang Mingxuan's personal wishes.

Boom boom boom!
After Su Bai finished his statement.

Jiang Hetao rang the gavel and looked at the prosecutor's seat: "Now, the prosecutor should make a statement and apply for a lawsuit."

Lu Hongmei glanced in Su Bai's direction, and then said in a flat voice:
"Presiding Judge, we apply to dismiss the litigant's application."

"We believe that Wang Mingxuan was clearly at fault in this case."

"Looking at the overall process of the case."

"Wang Mingxuan deviated from the route during the process of pulling the goods, and when he foresaw that the victim Lin Xiu would jump off the car, he didn't stop it in time."

"It has clearly constituted a crime of negligence."

"We believe that the judgment of the first instance is reasonable."

After hearing Lu Hongmei's statement, Su Bai:? ? ? ?

No, what do you mean by that...?

Do you know what you are talking about?
What does it mean to foresee that the victim Lin Xiu will jump off the car? Is this prediction your own imagination?

What is the most important thing in the trial?
evidence!

evidence!

It's still evidence of TM!
You don't show evidence, what about bullshit...?

Void Foresight?

Su Bai raised his hand: "May I ask if the prosecution can show Lin Xiu's behavior of jumping the car, and does our client, Wang Mingxuan, have obvious foresight behavior? Or, why did the prosecution determine that our client committed the crime of negligent death?"

The statement is over.

Su Bai looked at the prosecution seat.

When Lu Hongmei heard Su Bai's question, she said without thinking:
"According to Article 233 of the Criminal Law:"

"Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years."

Su Bai:? ? ? ?

The answer of the first-instance lawyer.?

If this is the case of the public prosecutor of the first instance, then he has to doubt whether there is something wrong with the judgment of the first instance and initiate a review and supervision procedure.
"Please answer the questions raised by our side directly."

"The prosecution determined that we had committed the crime of negligent death, and by what point was it determined?"

"In law, the clear definition of negligent crime is that negligent death refers to negligent negligent death and negligent death caused by overconfidence."

"The former refers to the fact that the perpetrator should have foreseen that his actions may cause the death of others, but due to his own negligence, he did not foresee that the death of others would result."

"The latter refers to the perpetrator, who has foreseen that his actions may result in the death of another person."

"However, where the death of another person can be avoided due to credulity, it is also classified as negligent death."

"However, if the perpetrator has no subjective negligence, but causes the death of another person due to other unforeseen reasons, it is an accident and the perpetrator shall not bear legal responsibility."

"above."

"It is an interpretation of the law applicable to negligent death in Article 230 of the Criminal Law."

"I would like to ask the prosecution, on what basis do you base your judgment on our party, causing death through negligence?"

Su Bai had a showdown.

Do not continue to chat with the prosecution.

Since the other party has been answering irrelevant questions and hiding his small thoughts, then he can show his cards directly to save trouble or other situations.

After hearing Su Bai's statement, Lu Hongmei raised her mouth slightly.

Obviously.

She had deliberately asked Su Bai to say those words just now.

Su Bai noticed this, but he didn't really care about it.

Trial.

Relying on hard power, other careful tricks can be useful only with the premise of hard power.

You have no hard power.

Everything else is useless.

Lu Hongmei said solemnly: "According to the conditions for the crime of negligent death reported by the lawyer of the litigant just now."

"The key point is whether Wang Mingxuan has the possibility of "foreseeing" or "foreseeing"."

"Here, I would like to ask the parties a few questions."

"First, before you drove, according to what you reported, did you ever have any conflicts with Lin Xiu?"

"Second, did you inform Lin Xiu clearly in advance before changing the navigation route? Or, can you be sure that Lin Xiu knew about it?"

"Third, did you see Lin Xiu sticking out of the car window? What was your first reaction when you saw Lin Xiu sticking out of the car window...? Do you think she won't jump out of the car?"

"Please answer the above three points for me."

Su Bai frowned slightly.

Raise your hand.

"Presiding judge, we believe that the three issues raised by the prosecution do not conform to the trial process!"

"The third question, the prosecutor's lawyer is obviously inductive when asking questions!"

Lu Hongmei: "Where is my question inductive?!"

"I would like to ask the prosecution, why do we ask if we think Lin Xiu will jump off the car?! The concept of jumping off the car, isn't it inductive?!"

"What is the purpose of your asking us this question?!"

"Whether our answer is yes or no, do the prosecution lawyers grasp this point and accuse our subjective consciousness?"

"Presiding judge, the prosecutor's lawyer raised such a question that does not conform to the procedure, I apply for the prosecutor's lawyer to withdraw!"

avoid!

To put it bluntly, he was asked to appear in court directly.

When Lu Hongmei heard Su Bai's words, she was stunned, so she directly asked her to avoid him?

"Presiding judge, my questions are only based on normal questions and are not inductive. Please reject the application of the lawyer for the litigant party. The lawyer for the litigant party interrupted my questioning. It is obviously interfering with the trial process. I request the lawyer for the litigant party to withdraw .”

Su Bai:? ? ?
It's a direct blow, right?

6… .
You asked me to avoid my apparently reasonable interruption.

You see how the judge hits the hammer and it's over.

Judgment table, the presiding judge's seat.

When Jiang Haitao heard the speeches of both sides, he sounded the gavel.

Glancing at the other two judges who were members of the collegial panel, he spoke:
"The prosecution's lawyer's fee question violates the court inquiry rules. The third article of the prosecution's lawyer's question is whether he thinks Lin Xiu will jump off the bus."

"At the same time dismiss the prosecutor's request!"

Boom boom boom!
"The trial continues."

This refusal is an indirect determination, and Lu Hongmei's question is a violation of regulations.

After hearing the presiding judge's words, Lu Hongmei glanced in Su Bai's direction.

I don't know what's on my mind.

Then he looked at the seats of the parties.

"Please answer the questions I raised above."

Wang Mingxuan was afraid that he would give the wrong answer, so he carefully glanced in Su Bai's direction.

Su Bai's eyes signaled what to say, and that's fine.

Wang Mingxuan took a deep breath and looked towards the presiding judge's seat.

Open your mouth slowly:
"I had a conflict with that Lin Xiu before, but it was before getting in the car, and it was normal after getting in the car, and there was no quarrel."

"The matter of changing the route, I actually mentioned it to Lin Xiu. When she asked me halfway, I also told her."

"It's just that the tone may not be very good... What I said roughly is that changing the route can avoid the camera, because there are some places in Shadu where trucks are not allowed to pass, and points will be deducted."

"The third question..."

"I did see Lin Xiu leaning against the car window..."

"I didn't think too much about it at the time, I just thought it was dangerous..."

"Then release the accelerator, turn on the double flashing lights, and prepare to reduce the speed of the car."

"I'm done..."

Wang Mingxuan spoke slowly, and answered all the questions asked by Lu Hongmei.

At this time, Lu Hongmei continued to attack and ask questions.

"You and Lin Xiu had an argument before getting into the car..."

"You changed the route again. You didn't clearly state the reason for changing the route, and your tone was not very good."

"At this time, Lin Xiu leaned out of the car window, and you stepped on the brakes, didn't you already predict that Lin Xiu would want to jump out of the car?"

"If not, then why did you hit the brakes?"

"Shouldn't a normal person's normal reaction be to stop the other person from leaning out of the car window?"

"at the same time."

"You said you had a quarrel with Lin Xiu before getting into the car, so Lin Xiu would naturally feel panicked in the car."

"Her subjective emotion is worry, especially for a woman. Compared with staying with a strange man in the car, a young woman will feel more panic when sitting in the car."

"You should have foreseen this point..."

"but!"

"When she leaned out of the car window, why didn't you stop her immediately?"

"This.…."

Wang Mingxuan didn't know how to answer.

After listening to Lu Hongmei's question, Su Bai frowned.

Is this asking a question?

Isn't this a trap for the parties involved?
What does it mean not to block when the car window is leaned out for the first time?

If you don't block it, isn't it because you didn't foresee it?
and also!

What does it mean to have predicted it?
"should", "probably", "probably" etc...

What these words suggest is something inaccurate.

What matters in court is evidence!
Evidence evidence evidence!

Say the important thing three times.

This Lu Hongmei really wants to use a cliché to make Wang Mingxuan fall into the pit, right?
Su Bai raised his hand and directly interrupted Lu Hongmei's question.

"As Wang Mingxuan's attorney, I want to ask the prosecutor's lawyer a question."

"I would like to ask the prosecutor's lawyers to use these words, probably should. Can the prosecutor's lawyers produce enough evidence for these questions?"

"Is your suspicion justified?"

"If the court trial uses the vague subjective concept of what you think and what I think should probably be equal, then I think we are not guilty, is there a problem?"

"presiding judge.…"

"The law pays attention to evidence. Without evidence, only doubts are used. This is completely inconsistent with the process."

"I apply to stop the prosecution from questioning our client!"

Boom boom boom!
Trial Jiang Hetao sounded the gavel and looked at the prosecutor's seat.

"Agreed to the application! The prosecutor's lawyer is not allowed to ask the client Wang Mingxuan any more questions!"

Lu Hongmei:? ? ?

No, I haven't finished asking yet!
This is interrupted, forbidden.?

PS: Ask for a monthly pass~

(End of this chapter)