You became a lawyer and sent the judge in?

Chapter 122 has no factual basis, relying on personal subjective judgment, this is the injustice of the judiciary

In court.

Lu Hongmei stared closely at Su Bai who was seated in the suit.

???

What does this mean, to stop her questioning all the time?
Do you want her to continue asking questions?

Su Bai noticed Lu Hongmei's gaze and didn't pay too much attention to it.

In court trials, it is precisely because there are so many unscrupulous lawyers that there are so many unjust, false and wrongly decided cases.

Complaints have not been able to get the results you want for many years.

A crime is a crime.

No crime is no crime.

Everything is done according to laws and regulations, according to evidence, why are you talking about "subjective" and "should"? !

If you want to prove guilt, then you have to produce evidence, and you cannot judge this person as guilty because of the result of something.

According to your induction and your subjectivity..
If you feel guilty, you are guilty, and if you feel innocent, you are not guilty.

The power of legal interpretation is in your hands.?

come come come...
You let sit on the bench seat, let the one in the middle speak, and see if he dares to say that the right to explain is in his hands.

If he dared to say it today, then the achievement point was achieved.

At this time, Li Xuezhen whispered:
"Lawyer Su, I don't think that lawyer Lu...doesn't behave like a lawyer."

"Ok!"

Su Bai nodded.

It is indeed unethical for Lu Hongmei to induce the parties to speak
how to say
In the court trial, if you present evidence or the scope of application of legal provisions to defend, there is no problem at all.

But you induced the subjectivity of the parties in the trial. Isn't this too outrageous?

Questions are prohibited.

This is still a relatively light sentence from the presiding judge.

To be more serious, directly open the silence or directly order to leave the court hearing.
.
.... ...

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

"The prosecution's questioning is suspected of leading. The prosecution's questioning of the parties is now suspended. Please continue the statement."

Boom!
Hear the sound of the hammer falling.

Lu Hongmei took a deep breath.

Knowing that I can't continue to ask, I can only continue to speak:
"presiding judge."

"According to the evidence and the statement of the party Wang Mingxuan just now."

"It has already been explained that Wang Mingxuan has already foreseen that Lin Xiu is about to jump off the car, and the conditions for negligent crime to cause death."

"Anyone who foresees an act which may cause the death of another, but fails to act, or who credulously believes that it will not cause death, shall be convicted of negligent death."

"That is to say, there is no problem in determining that Wang Mingxuan was negligently causing death."

Su Bai raised his hand: "We deny it!"

"During the trial, the prosecution has been emphasizing and inducing Wang Mingxuan's subjective will, which shows that Wang Mingxuan has foreseen that Lin Xiu is about to jump off the car."

"But!"

"Can the prosecution judge Wang Mingxuan's subjectivity without looking at your subjectivity?"

"Can the prosecution produce substantive evidence to show that Wang Mingxuan's subjectivity has foreseen or foresaw that Lin Xiu is about to jump off the car?"

"presiding judge."

"According to the evidence of the law enforcement party, the relevant confession of Wang Mingxuan, and the evidence provided by the prosecution."

"There is no strong evidence, or even auxiliary evidence, that can prove that Wang Mingxuan foresaw Lin Xiu's jumping off the car. How can the prosecutor's lawyer insist that Wang Mingxuan had foreseen Lin Xiu's jumping off the car?!"

Lu Hongmei: "Then why did Wang Mingxuan slow down?"

"Isn't the reason for the deceleration because Lin Xiu's jumping behavior has been foreseen?!"

Su Bai: ...

what are you saying.…?
"The legal definition of negligent death is that a person who foresees that his behavior may cause the death of others will be judged as a crime of negligent death."

"My client saw Lin Xiu leaning out of the car window. This behavior is very dangerous. Generally, normal drivers slow down to protect the safety of passengers. Isn't this normal?"

"at the same time."

"When driving a vehicle, Wang Mingxuan's energy will be on the driving vehicle itself, during this period, a series of behaviors are just subconscious behaviors.

Also...foreseeing danger is not the same as anticipating a jump. "

"The prosecution is requested to take this factor into consideration."

Lu Hongmei: "But as an old driver, doesn't Wang Mingxuan have the slightest foresight? As a driver with more than ten years of driving experience, he has also been hauling goods for several years. This situation is something he can foresee. Doesn't he know that Lin Xiu The panic and worry of being a single girl?"

Su Bai:? ? ? ?

Is there any criminal causal relationship between these two?

Not at all!
Is this to make him think along the lines of the other party?
Then fall into the other party's thinking trap?

but
The other party is too contemptuous of a top criminal lawyer.
Su Bai looked at Lu Hongmei in the prosecutor's seat calmly, and then looked up at the presiding judge's seat.

"presiding judge"

"We believe that there is no criminal causal relationship between these persons."

"Application to dismiss the prosecution's plea."

Boom boom boom!
On the seat of the judging table, Jiang Hetao glanced at the materials and rang the gavel:
"The litigant is invited to state your objection."

"Good judge."

"We believe that the prosecution has no obvious evidence for our accusation, and it is all based on subjective accusations."

"For example:"

"As a driver who has been driving for more than ten years, we should have enough experience to predict. There is no inevitable relationship between the two."

"Also. As a single girl, Lin Xiu's panic can be judged based on her previous experience, but Lin Xiu's panic, is there any inevitable connection between this and jumping off the car?"

"As the driver, Wang Mingxuan, how could he predict that Lin Xiu would jump off the car?"

"From a legal perspective, the prosecution's statements are all judgments based on subjective factors, and there is no substantive evidence to judge and prove it. Wang Mingxuan foresees this possibility."

"Based on the above, we apply to dismiss the prosecution's argument."

"Judge, we have finished our statement."

dong dong!

The judge Jiang Hetao rang the gavel, looked at the prosecutor's seat, and then looked down at the materials.

"Based on the petition filed by the litigants and the pleas alleged by the prosecution."

"At present, the prosecution does not have any strong evidence to prove that Wang Mingxuan, the party concerned, had any behavior of "foreseen" jumping off the car."

dong dong!

"The judgment on this point will be discussed later."

"Now we will summarize the focus of dispute between the litigant and the prosecution."

"The focus of the dispute between the prosecution and the litigants is whether Wang Mingxuan foresaw, foresaw, the perpetrator Lin Xiu's life-threatening behavior of jumping off the car"

"Are there any objections from the prosecution and the litigants to this point?"

Su Bai: "We have no objection"

Lu Hongmei: "We have no objection"

dong dong!

"Let's start asking questions about the parties."

Jiang Hetao looked at the litigation materials, and then glanced at Wang Mingxuan who was seated by the parties.

"Is the person involved ready to be questioned?"

Wang Mingxuan seemed a little nervous, but he still said: "Judge, I'm ready."

Jiang Hetao nodded slightly, and reminded according to the procedure: "During the trial, all the parties' answers will be used as evidence. If the parties are found to have cheated, lied, and other behaviors that are inconsistent with the facts, the parties shall bear all the responsibilities. Do the parties understand this?"

"learn."

"it is good!"

dong dong!

Jiang Hetao raised his head and asked, "What was the client's psychological state before Lin Xiu jumped off the car?"

"My thought at the time was that it was not safe for Lin Xiu to stretch out her body."

"So what do you think is unsafe?"

"Because it's not just my car on that road, it's dangerous to stick my hands or body out of the car, so I let off the accelerator, slowed down, and prepared to remind Lin Xiu."

"Before Lin Xiu jumped off the car, did he express to you that he wanted to jump off the car...?"

"No."

"Then what did you do after Lin Xiu jumped off the car?"

"Pull over and call [-]"

"Ok!"

Jiang Hetao nodded.

The gavel was struck.

dong dong!

"Now the adjournment stage!"

"After an hour, the trial will be held again."

After an adjournment was announced.

In the courtroom.

Lu Hongmei's eyes fell on Su Bai.

At this time, Li Xuezhen's eyes were fixed on Lu Hongmei.

Just stare, who is afraid of whom?
Don't you know how many people I, Xiao Li, stared into?
He also glared at Lawyer Su.
I stare at you!
Still staring, right...?
after a few seconds.

Lu Hongmei couldn't stand Li Xuezhen's gaze, so she turned her gaze away.

at this time.

Xu Qing, another lawyer on the side, said worriedly:
"Now it's the adjournment stage. The current trial situation seems to be unfavorable to us!"

Lu Hongmei took a deep breath:

"There is nothing disadvantageous. Although we say that we can't produce any evidence subjectively, the other party can't produce any strong evidence either."

"The presiding judge has not made any judgment yet."

"Don't worry."

"That's when it comes to court presentations."

"Do not worry.…"

"For people like Wang Mingxuan, they should be severely punished by the law!"

Tsk...

Severe punishment by law is not subjective punishment!

On the other side...

Li Xuezhen blushed.

"Lawyer Su, the court is adjourned... That lawyer Lu seems to have suffered from cataracts and has been watching you."

"But Lawyer Su, you don't have to worry."

"I've already looked back at her..."

Su Bai: ...
Xiao Li is amazing...

This look, the more you practice, the more powerful it becomes...
.
.... ...

Collegial panel deliberation room.

Jiang Hetao looked at the other two judges, Feng Qian and Zhang Yingying.

"In this case, I have read the judgment of the first instance. The judgment against Wang Mingxuan is too severe. This is why our court chose to accept the second instance..."

"But let's not mention this for now."

"The main difficulty in dealing with it now is whether to determine whether this Wang Mingxuan was negligently causing death."

"I want to hear what you two think..."

After Jiang Hetao finished speaking, both Feng Qian and Zhang Yingying were silent for a few seconds.

Immediately afterwards, Feng Qian said, "I think this case should be judged."

"The main point of this case is that Lin Xiu is indeed dead..."

"And he jumped from Wang Mingxuan's car and died. This is the result."

"And the public opinion on the Internet is so loud, our second trial should follow the voice of public opinion and make certain considerations."

Zhang Yingying on the side frowned slightly after hearing Feng Qian's words.

"...Lin Xiu's death is indeed the result. Wang Mingxuan should be responsible for Lin Xiu's death, but criminal responsibility still needs to rely on legal basis. The voice of public opinion should not affect our judicial justice."

"And we can't just look at the voice of public opinion, but also consider the impact of these issues from the perspective of the judiciary. As far as I know, the judicial organs in some places such as Southern Metropolis, Northern Metropolis, Shangdu, and Shadu, some judicial institutions The case was discussed."

"The result of the discussion is... this time, the Sado Intermediate Court's sentence is unreasonable."

Feng Qian spoke again.

"I don't agree with Zhang Yingying's point of view. The result has already been created. Wang Mingxuan's subjectivity is completely formed by his personal wishes. He can say whatever he wants. If he says there is no, then is there really no?"

"But...he said no, can you produce evidence to prove that he did? You can't produce substantive evidence to prove that Wang Mingxuan's subjective will foresaw Lin Xiu's jumping off the car. Isn't this an unjust case? "

"What if the other party really doesn't have one?"

"If we judges only rely on our own subjective judgment, it will cause a lot of unjust, false and wrongly decided cases. It's not like this has never happened in the judiciary. Don't you know this?"

Zhang Yingying dismissed Feng Qian's point of view.

Feng Qian's eyes were fixed on Zhang Yingying's face: "Okay, okay...You're just putting a hat on me, you think I'm not qualified as a judge, right?"

"No, what I mean is that we need to use legal basis to confirm the facts... instead of relying on subjective personal wishes, I also think from the bottom of my heart that Lin Xiu's jumping off the car has a certain influence on Wang Mingxuan."

"But this is not the reason to convict Wang Mingxuan. What we need is to use legal basis and evidence to prove Wang Mingxuan's guilt, not rely on the judge's personal subjectivity."

"There is indeed no evidence in this case to prove that Wang Mingxuan is guilty."

"If the judge judges the case solely on the basis of personal subjectivity, it will cause judicial injustice, which is unfair to the person being judged."

Feng Qian was impatient at what Zhang Yingying said.

"Then how do you think this case should be judged?"

"I think it should be judged according to factual basis and legal basis."

Zhang Yingying spoke seriously.

At this time, Jiang Hetao interrupted the quarrel between the two.

"alright.…"

"For this case, since there is a dispute, let's look at the evidence and the court statements of both parties..."

"You two stop arguing..."

Jiang Hetao didn't favor either of the two.

Facing Jiang Hetao's words, Feng Qian and Zhang Yingying nodded at the same time.

"Good judge..."

Done.

Zhang Yingying looked at Feng Qian and sighed deeply.

PS: Ask for a monthly pass~

(End of this chapter)