You became a lawyer and sent the judge in?

Chapter 180 Why Sentenced You to Life Imprisonment?The sentence!
There is nothing to disprove the evidence in this case.

Evidence of homicide exists.

The factual basis is complete and the chain of evidence is solid.

Although there was no camera in the process at that time, it was impossible to refute it based on the confession, the murder weapon and other facts.

As for Su Bai's application for the crime of passion, it was rejected.

Of course Ye Hua knew how to refute.

But as a first-class lawyer, he is very clear that his rebuttal can be easily dismissed by the other party.

At the same time, from the situation of the last first-instance judgment.

The most important factors in determining a crime of passion are Wu Xingguo's confession, his own emotional state, and the angle of sophistry.

From Wu Xingguo's confession and Wu Xingguo's subjective purpose, we will explain the situation at that time.

The last point is the most important to proceed from the perspective of pleading.

This method of defense is feasible in front of ordinary lawyers.

But it is only feasible in front of ordinary lawyers.

After all, for a lawyer, the on-the-spot response is very important.

But this kind of defense is not good for Su Bai.

why?
Because he knew that, as a well-known criminal lawyer in Nandu, it was too easy for Su Bai to refute this kind of defense.

The other party is fully familiar with various criminal regulations and can apply them in court.

not to mention.

Why did the Sudu High Court accept the retrial of Wu Guoxing's case?
It was because it was determined that there were certain omissions and problems in the judgment of the first instance.

Otherwise, the High Court will not accept the request for appeal of the second instance.

As Wu Guoxing's litigation agent in the first-instance judgment, he certainly knows what the omissions and problems are.

If Su Bai refute these omissions and problems.

He really didn't know how to continue his defense.

Thinking of this, to be honest, Ye Hua didn't understand how to deal with Su Bai's next attack after answering Su Bai's question.

"Forget it, don't think so much for now."

Ye Hua murmured silently in his heart.

Now I can only continue to make statements on Su Bai's question.

See if there is any opportunity to refute back.

What if the other party has a false name?

Then he won't make money.

After understanding the current situation.

Ye Hua opened his mouth to refute Su Bai's question.

"We do not agree with the statement of the litigant."

"First of all, judging from the evidence provided by the law enforcement party, Fang Zhihui did not insult Wu Guoxing or take any other extreme actions."

"but."

"It is necessary to determine what the situation was at that time, and then determine whether Fang Zhihui had any influence on Wu Guoxing."

"What was the situation?"

"The situation at the time was that Wu Guoxing was going to look for Wang Yuan, and happened to meet Fang Zhihui who had come back from outside.

Fang Zhihui knew the relationship between Wang Yuan and Wu Guoxing, and also knew what the conflict between Wang Yuan and Wu Guoxing was, and knew that Wang Yuan didn't want to see Wu Guoxing.

In this case, the two people appeared at the same time at the place where the crime happened, that is, at the door of the shared room where Fang Zhihui and Wang Yuan lived together. "

"Wu Guoxing and Fang Zhihui both know that Wang Yuan is in the shared rental house."

"But when Wu Guoxing asked Fang Zhihui, Fang Zhihui replied that Wang Yuan was not in the room they shared."

"This is clearly a case of lying."

"And Wu Guoxing confirmed that Wang Yuan is in their rental house."

"In this case, Wu Guoxing obviously asked Fang Zhihui with a purpose."

"But what about Fang Zhihui...?"

"Fang Zhihui's approach is to ignore Wu Guoxing's inquiry."

"And tell Wu Guoxing not to disturb Wang Yuan anymore."

"Wu Guoxing's purpose of looking for Wang Yuan this time is mainly to resolve some personal grievances. He was originally in a grumpy mood, and Wu Guoxing's personality is relatively grumpy."

"This can be understood through Wu Guoxing's friends and relatives."

"With the above conditions as the background, it leads to a result."

"That was Fang Zhizhi's lying behavior, which aroused Wu Guoxing's anger."

"During this process, there is another important point, that is, Wang Yuan in the rental house asked Wu Guoxing to leave."

"Facing Fang Zhizhi's deception, Wu Guoxing was very angry."

"So the original revenge against Wang Yuan fell on Fang Zhihui."

"Wu Guoxing committed a crime with passion, and the other party wisely carried out the criminal process."

"During the whole incident, although Fang Zhihui did not use words to tease or irritate Wu Guoxing."

"But she knew Wu Guoxing's violent personality, so she chose to treat Wu Guoxing indifferently and deceive Wu Guoxing."

"Isn't this just another kind of provocation under these conditions and in this context?"

"It's also a crime of provocation and provocation."

"For the interpretation of the law, we should not stick to the interpretation of the legal clauses, but also apply it to the corresponding legal situation."

"In the statutory situation described above, isn't Fang Zhizhi's behavior another kind of provocation to Wu Guoxing?"

"You know, Wu Guoxing's purpose at the beginning was not to target Fang Zhihui, but to ask Wang Yuan for an accurate explanation."

"And I happened to meet Fang Zhihui. Under the situation of Fang Zhihui's indifference and lying, I committed the crime against Fang Zhihui."

"In this specific legal situation, we believe that Fang Zhizhi's indifference and lying behavior can be regarded as a kind of provocation and anger to Wu Guoxing."

"In other words, we believe that Wu Guoxing's action is a crime of passion and should be given a lighter sentence."

Facing Ye Hua's defense, Su Bai:? ? ? ?

Okay, okay, that's how you understand crimes of passion, right?

That's how you understand a particular legal situation, right?

As it is said.

Could it be that Wu Guoxing struck up a conversation with a passer-by on the road, but they ignored him, and he felt that he was offended, and then took out a knife to commit the crime. This is also a crime of passion, right?
Can this thing be called a crime of passion?

Is the other party testing his legal knowledge?

He has made it very clear just now that a crime of passion refers to the absence of any intention to kill.

And there are many restrictions.

To put it bluntly, in terms of the legal definition, the death of the client is generally caused during the process of resistance, which is called a crime of passion.

Under normal circumstances, it applies to excessive defense or justifiable defense.

Of course there are other situations.

But it depends on the specific situation.

For example, Qi Feng case and Qin Xiaofeng case.

One of these two is a crime of passion exercised in the course of self-defense.

One is the "crime of passion" exercised in the process of verbal offense to the other party.

In the first process, Qi Feng suffered a serious danger while driving a crime of passion, so it was judged as self-defense.

In the second process, the victim had no ability to threaten Qin Xiaofeng at all, and Qin Xiaofeng continued to commit crimes.

Obviously, it is no longer a crime of emotion, it is completely caused by oneself, and it has not much connection with others, which deviates from the basic standard of crime of passion.

And the first article of the crime of passion has been expressed clearly.

It must be the perpetrator's emotional agitation caused by the victim's serious mistake.

Defend according to Ye Hua's statement above.

Did Fang Zhihui make a mistake?
Not at all okay.

People just don't answer your questions, so you go up and use the knife, and now it's strange that they don't respond to you.

If people don't respond to you, is this a serious mistake?
Because of your own mood swings, blame the victim on the victim's indifference and lying.

What are you talking about?

What's wrong, bullying people don't know the law, right?
Facing Ye Hua's statement, Su Bai smiled and said, "I would like to ask Lawyer Ye."

"According to Lawyer Ye's statement and the specific circumstances of the law described."

"for example."

"If you represent a case, but the case is far from meeting the client's requirements, then the client commits a crime against you."

"The point is: he's an irritable man, you took his case and you didn't live up to his demands."

"So he did it to you."

"In this case, does the other party count as a crime of passion?"

"After all, according to Lawyer Ye's statement... A crime of passion means that the other party thinks you are at fault, and even if you are at fault, it doesn't care about the legal basis."

"To ask is to be in a specific legal situation."

"Lawyer Ye, if there is such a person, what do you think should be the verdict?"

"At the same time, I would also like to ask the agent of the accused party, I have already stated the conditions for the crime of passion."

"What needs to be satisfied in a crime of passion is that the victim has a serious fault before the perpetrator commits the infringement."

"Does the agent of the party subject to the lawsuit think that Fang Zhihui was at serious fault during the process of Wu Guoxing's other party's crime?"

"If the agent of the litigated party believes that Fang Zhihui had a serious fault in the whole process, then, please tell the litigant's agent what is serious fault?"

Ye Hua: ...
silence.

Wu Jianlei on the side tugged at the corner of Ye Hua's clothes anxiously: "Lawyer Ye, talk!"

Ye Hua: What else can I say?
Originally, in this case, Wu Guoxing was sentenced to eight years in prison because of his tricks during the first trial.

In fact, if it was replaced by an experienced public prosecutor, or if Xie Jingmei hired a lawyer with a higher level.

Then Wu Guoxing started at least 13 years ago.

Judging from the current situation, Wu Guoxing will definitely not be judged as intentional homicide with lesser circumstances.

For now, however, the plea's point of view has almost been implemented.

Wu Guoxing will definitely be judged as intentional homicide with serious circumstances.

It's just that intentional homicide is also divided into several categories if the circumstances are serious, death penalty with reprieve, life imprisonment, and fixed-term imprisonment.

He really couldn't answer the question Su Bai asked directly.

Facing Wu Jianlei and Li Xin who were waiting anxiously aside.

Ye Hua took a deep breath, waved his hand, and signaled the two of them not to be so nervous.

Then, looking at Su Bai:
"We believe that all cases should be judged and judged according to the circumstances at the time."

"For Wu Guoxing's criminal behavior and the process of committing the crime, his mental state and his personality factors must be taken into consideration."

"Use this as the main criterion for judging the penalty."

Is this to avoid asking questions and to speak your own words?

Or is it that the other party can only bully some lawyers who don't know much about the laws and regulations.

Knowing that there is no way to defend this key point, so you want to fight for Wu Guoxing in another way?
But anyway...

This kind of intentional murder, life imprisonment will definitely not escape.

No matter how the other party argues, it cannot change a fact.

That's the proof!
Intentionally killing someone who has nothing to do with you.

Just want to be sentenced to eight years?
Do you think it is possible?
Facing Ye Hua's statement, Su Bai replied directly:

"Does the perpetrator Wu Guoxing have any mental illness?"

"His violent personality is caused by his growth environment, and has nothing to do with other factors. The fact of the crime is only related to itself."

"We believe that this kind of violent personality will have a more negative impact on society."

"That's why we demand a heavy sentence for Wu Guoxing's intentional killing this time."

Anyway.

This point of defense about Wu Guoxing is over.

It's not that Ye Hua's level is not good, but after he has mastered the factual evidence and Su Bai has studied the opponent's arguments in advance.

The other party had no way to refute.

Since it cannot be refuted, then the sentence of Wu Guoxing in the first instance judgment must be revoked.

As for how many years?

Su Bai still holds the same view, which has created a relatively large social influence, which cannot reach the level of death, and life imprisonment will definitely not escape.

dong dong!

On the court seat.

Zhou Guangyu sounded the gavel. Judging from the defenses of both parties, there is nothing to say.

After sorting out the materials a little, Zhou Guangyu's gaze shifted from the accused party, Ye Hua, to the litigant, Su Bai.

"The collegial panel has heard and understood the pleas of both parties."

"The collegial panel below will ask some key questions."

"Wu Guoxing, the perpetrator, what was your subjective thinking when the other party committed the crime wisely?"

Facing the sudden inquiry, Wu Guoxing was stunned for a moment, and then said:
"I thought she ignored me at the time, and I was very angry. When I heard Wang Yuan talking in the room, I became even more angry, and then I did it."

Boom!
"Then, the lawyer representing the defendant, do you have any additional evidence or legal regulations to add and state?"

Ye Hua said: "No...the presiding judge."

Boom!
"Since the defendant has no evidence or legal regulations to continue to supplement and state."

"Then according to the evidence submitted by the law enforcement party and Wu Guoxing's confession and the relevant factual basis."

"It is now judged that Wu Guoxing is not a crime of passion."

"The reasons are as follows:"

"First, although the purpose of Wu Guoxing's criminal behavior was not Fang Zhihui at the beginning, it was Fang Zhihui who committed the crime. There is no legal causal relationship between the process of committing the crime and the purpose."

"Secondly, Fang Zhihui did not cause serious mistakes to Wu Guoxing, and did not commit any violations. Based on this, Wu Guoxing is not a crime of passion, but due to his own personality factors, he suddenly killed people."

"With regard to the judgment of the above two points, does Wu Guoxing, the defendant in the lawsuit, and his entrusted agent have any objections?"

"If you have any objection, please state the relevant factual basis and legal basis."

"Don't make too many statements that are not related to it."

The last sentence... is equivalent to talking about other nonsense, don't say too much, just ask if there is any objection to the judgment of the above two points.

Ye Hua: ...
"Judge, no objection."

dong dong!

"The defendant has no objection, then respond to the next point of defense in the trial."

The gavel fell.

Su Bai breathed a sigh of relief, actually it is not difficult to revoke the judgment of the first instance.

Because the judgment of the first instance is completely a judgment without much basis.

The other party is playing sophistry!

The verdict of the first instance even made Su Bai suspect that the presiding judge at that time took things.

But after reading the file, I realized that it was really because the lawyer's level was not good enough.

Therefore, the focus of this trial is not on the accusation against Wu Guoxing, but on the indictment against Wang Yuan.

PS: Ask for a monthly pass~

(End of this chapter)