You became a lawyer and sent the judge in?

Chapter 181 The objective facts are reached, it would be impolite for you to argue
After the presiding judge Zhou Guangyu dropped the gavel and made a judgment.

The expressions of Wu Jianlei and Li Xin changed slightly.

"What does Lawyer Ye mean by this judgment? Does it mean that Guoxing will be sentenced severely?"

Li Xin spoke nervously.

Ye Hua nodded: "From the current point of view, it is indeed."

"After this judgment is settled, the judgment of the first instance will be overturned, and the sentence should be re-sentenced from the more serious circumstances of intentional homicide."

"But the specific situation is not very clear. There should be a small point about the sentence later, but I am not very clear about this point."

"We need to see the presiding judge's arrangements at that time."

Ye Hua breathed out, rubbed the center of his brows, and explained to Li Xin.

"But... what about my son?!"

Hearing that his son was about to be sentenced to a heavier sentence, Li Xin became anxious for a moment, and his voice could not help but amplified a lot, but he was pulled back by Wu Jianlei.

"This is the scene of the trial!"

"Lawyer Ye will definitely find a way, why are you yelling at Lawyer Ye!"

After training Li Xin, Wu Jianlei smiled at Wei Hao and said, "Lawyer Ye, I'm sorry."

"The mother of the child is more concerned about the child, and she is a little excited."

Faced with this situation, Ye Hua obviously experienced a lot, and the expression on his face did not change much.

But he was still a little uncomfortable psychologically, so he nodded lightly: "Yeah!"

Wu Jianlei smiled awkwardly, and then gave Li Xin a dissatisfied look.

It's still in court.

What is the difference between expressing dissatisfaction with a lawyer and cheating your own son?
Li Xin also realized that she was wrong at this time, and wanted to express her apology, but Ye Hua didn't give it to her.Chance
.
 …
At the same time, on the trial stage, when Zhou Guangyu knocked on the gavel, announcing the next point of debate.

Wang Yuan's parents and Wang Yuan, who were sitting in the defendant's seat and the defendant's seat, felt a sense of inexplicable tension in their hearts.

Because of the second distinction.

It is the accusation of Wang Yuan's negligence causing death.

The crime of negligent death.

For this charge, Su Bai had also been tried in court before.

Among them, the case of Wang Mingxuan is a typical case of the crime of negligent death.

It's just... Wang Mingxuan is not at fault.

Negligent death refers to the behavior of the perpetrator who is negligent, has not foreseen or has foreseen and credulously can avoid causing the death of others and deprive others of the right to life.

In Fang Zhihui's case.

The perpetrator of negligent death refers to Wang Yuan.

The biggest difference between Wang Yuan and Wang Mingxuan's cases lies in the relationship between foreseeable behavior and legal causation.

dong dong!

Zhou Guangyu sounded the gavel:
"We are now answering whether Wang Yuan committed a crime of negligence when Wu Guoxing committed crimes against Fang Zhihui."

"The prosecution is now invited to start presenting evidence and factual basis."

After Wang Kai heard the words of presiding judge Zhou Guangyu, he nodded slightly:

"Okay, presiding judge."

"The prosecution accused Wang Yuan of Wu Guoxing's determination of the crime of causing death by negligence during the process of dealing with Fang Zhihui."

"Wang Yuan foresaw Fang Zhizhi's imminent dangerous behavior, and there is the following evidence."

"First: Before Wu Guoxing met Fang Zhihui, he sent a message to Wang Yuan."

"It was mentioned in the content of the message that Wu Guoxing wanted to commit impulsive crimes against Wang Yuan, and he indicated that he was going to find Wang Yuan and told her that he was carrying the murder weapon."

"Wang Yuan is aware of this incident and has responded to Wu Guoxing's message."

"Second: Before Fang Zhihui returned to the shared dormitory, he also sent a message to Wang Yuan. The content of the message was to return to the dormitory, and he also asked about Wang Yuan's boyfriend. This boyfriend refers to Wu Guoxing."

"Wang Yuan didn't convey to Fang Zhihui in a timely manner the information that Wu Guoxing was coming to rent out the house and threatened him."

"As a result, Fang Zhihui did not know about Wu Guoxing's criminal behavior."

"This led to certain conflicts between Fang Zhihui and Wu Guoxing."

"If Wang Yuan had informed Fang Zhihui when she learned that Wu Guoxing had gone to the rental house and had criminal intentions."

"Then this crime can be completely avoided."

"Regarding this point, the prosecution believes that Wang Yuan's failure to notify is the main factor causing this crime."

"It is believed that there is a certain causal relationship between the two."

"Second: During the whole process of the incident, Wang Yuan knew clearly that there was a quarrel between Wu Guoxing and Fang Zhihui outside the door."

"Because according to Wu Guoxing's confession, Wang Yuan proposed to let Wu Guoxing leave at that time."

"However, because I was worried that Wu Guoxing would harm me, I chose to close the door of the rental house, not go out to deal with Wu Guoxing, and left Fang Zhihui outside to face Wu Guoxing alone."

"Before that, Wang Yuan sent a message asking Fang Zhihui for help, saying that she wanted Fang Zhihui to persuade Wu Guoxing to leave."

"At the same time, Wang Yuan knew about Wu Guoxing's crimes."

"The entire crime process lasted less than 2 minutes. During the less than 2 minutes, Wang Yuan knew what happened outside. During this process, Wang Yuan did not open the door. This is a reasonable risk avoidance. Behavior."

"However, after 10 minutes after the crime was over, Wang Yuan still did not open the door or observe the outside through the cat's eye, or check Fang Zhizhi's injury, which caused Fang Zhihui to miss the best time for rescue and died. .”

"Based on the above, the prosecution believes that Wang Yuan is suspected of negligently causing Fang Zhizhi's death."

"Presiding judge, the prosecution has finished its statement."

After Wang Kai finished his statement, he slightly raised his head to look at the presiding judge's seat.

According to their investigation by the prosecution, Wang Yuan did indeed have a negligent death of Fang Zhizhi.

There is no doubt about this.

However, the specific judgment depends on how the defendant and the defendant party refute and make statements.

Of course, the most important thing is how the presiding judge determines his statement.

dong dong!

Zhou Guangyu rapped the gavel: "The prosecution has finished its statement, does the litigant have any additional explanations?"

The prosecution has already stated the entire process and details of the case.

If you want to add more, there is nothing else to add.

"For the time being, let's see how the defendant responds."

Su Bai muttered to himself, and then said: "Judge, the litigant has nothing to add for now."

Boom!
"The litigant will not make any supplements, so now the defendant, Fang Wang Yuan, and Wang Yuan's legal representative are invited to make a statement."

"Defendant, let's begin."

Facing the presiding judge let the defendant speak.

Wang Yuan felt a little anxious in her heart, and involuntarily turned to her parents for help.

From the moment she was taken away after filing the case, she was always a little anxious in her heart.

My heart has also changed from the indifferent attitude at the beginning to the nervousness now.

Wrongful death?

She was accused of negligent death just because she didn't appear in court to be Xie Jingmei's witness?
She didn't kill people!
Although she said she was a little nervous in her heart, she also insisted on her innocence.

but.…

Accompanied by the prosecution's description in the courtroom just now.

Wang Yuan knew very well in her heart that these prosecutors were right.

She also realized that this was the crime of negligent death.

She doesn't know much about the law, so she can only turn to her parents and the lawyers her parents hired.

Noticing Wang Yuan's situation, Wang Manhua and Xu Li also looked at Wei Hao.

"Lawyer Wei..."

Xu Li spoke in a low voice.

She was Wang Yuan, an only child, who loved her very much since she was a child, and she definitely didn't want to see any accidents happen to her daughter.

Wei Hao nodded and didn't look at Xu Li, but just signaled that he knew.

This case...

The prosecution's presentation was largely based on the relationship between foresight and causation.

If you only need to refute from this aspect, there will be no other major problems.

Clear your mind.

Wei Hao began to make a statement: "Judge, we do not agree with the prosecution's point of view."

"The specific reasons are as follows:"

"First of all, Wang Yuan did know that Wu Guoxing was carrying the murder weapon."

"At the same time, I also learned that Fang Zhihui will come back."

"And asked Fang Zhihui to persuade Wu Guoxing to leave."

"Based on the above, Wang Yuan did have certain negligence."

"But the specific situation needs to be brought into the specific legal situation."

"According to Wang Yuan's subjective factors, she knows that Wu Guoxing has a violent personality, carries a murder weapon, and intends to hurt her."

"but.…."

"In Wang Yuan's mind, it is Wu Guoxing who will hurt her."

"It's not that Wu Guoxing will hurt Fang Zhihui."

"Under such circumstances, it is a relatively good choice for Wang Yuan to ask Fang Zhihui to persuade Wu Guoxing to leave."

"At the same time, Wang Yuan did not expect that Wu Guoxing would actually dare to kill someone."

"...That is to say, Wang Yuan was not able to foresee Wu Guoxing's killing of Fang Zhihui."

"Since it cannot be foreseen, there is no need for the other party's wisdom to remind."

"The second is the entire process of Wu Guoxing's crimes that the prosecution accused."

"Our side still maintains the original point of view: During this process, Wang Yuan knew that Wu Guoxing was coming for her, and the main reason why she couldn't close the door was to avoid Wu Guoxing from hurting herself, and adopted a way of avoiding danger."

"There is nothing wrong with this way of protecting oneself, both subjectively and objectively, right?"

"Because Wang Yuan knows that Wu Guoxing is coming for her, and Fang Zhihui is outside the door. Open the door and let Wu Guoxing come in. There is a very high probability of causing harm to Wang Yuan."

"From Wang Yuan's subjective point of view, Wu Guoxing and Fang Zhihui don't have any great hatred or conflicts, so there is no problem with Fang Zhihui's subjective factor in trying to persuade Wu Guoxing to leave."

"Wang Yuan subjectively believes that Wu Guoxing did not commit a criminal act because of Fang Zhihui's persuasion to leave Wu Guoxing."

"That is, it is also impossible to foresee that Wu Guoxing will commit criminal acts."

"in addition."

"In medicine, there is a situation called stress response. That is to say, when Wang Yuan learned of the specific situation outside the door, she didn't know what to do for a while, which led to a certain reaction in her actions. unobjective and irrational."

"Ten minutes after committing a crime, it does not mean that Wu Guoxing left the door of the rental house, so not opening the door, for Wang Yuan, it is still a risk-avoiding situation."

"Based on the above conditions, we believe that Wang Yuan did not cause Fang Zhizhi's death through negligence."

"Judge, our statement is over."

Wei Hao's statement was very simple. He started from Wang Yuan's subjective behavior to refute the various objective facts raised by the prosecution.

As a result, the factual basis and related content put forward by the other party are not established.

Actually.

There is no problem if the argument is based on the subjectivity of the parties involved.

After all, the subjectivity of the parties is to favor their own side.

Therefore, in this kind of discussion, it is necessary to attack the other party from an objective perspective.

After listening to Wei Hao's statement, Su Bai smiled.

From Wang Yuan's subjective point of view.

Indeed there is no problem.

But you only talk about subjectivity, not objectivity, right?

Speaking from objective factual basis.

So.…

Wang Yuan's behavior constituted negligent death.

Because in the crime of negligence causing death, from an objective point of view.

There are three points:
(1) The perpetrator has acted to cause death.

(2) Objectively, the result of causing death must have occurred.

(3) There is a causal relationship between the perpetrator's negligent behavior and the victim's death.

Regarding the objective factors of these three negligent deaths.

Wang Yuan has fulfilled the conditions.

It would be impolite to continue to speak out.

The next point of defense is based on these aspects. Basically, there is no problem.

Wang Kai's statement just now is also carried out from these aspects.

But it's just not clear.

Su Bai looked up at the presiding judge's seat, waiting for the presiding judge to summarize the defenses just now.

PS: Ask for a monthly pass~

(End of this chapter)