You became a lawyer and sent the judge in?

Chapter 182 Prosecutor: Careless, I knew I would have applied for ten years in prison

Judgment stand.

On the presiding judge's seat.

Zhou Guangyu briefly sorted out the defense lawsuits of Wang Kai and Wei Hao.

The subject of two debates.

All are pleas for negligence.

The key content has been sorted out.

Zhou Guangyu sounded the gavel: "Whether Wang Yuan reached negligent death when Wu Guoxing committed criminal acts."

"Both the prosecution and the defendant have made preliminary statements."

"Does the litigant have anything to add?"

Su Bai raised his hand to signal: "There are presiding judges."

"Presiding judge, we need to supplement the relevant questions raised by the prosecution and state the objective facts."

dong dong!

"Then you start supplementing."

"But you need to remember that it must be based on objective implementation conditions, and you cannot infer objective conditions based on your subjective judgment."

"Okay, presiding judge."

Su Bai nodded, and put the key content and related materials recorded just now on the table in front of him.

Start the statement.

"Our point of view is the same as the prosecution's point of view, that Wang Yuan was negligently causing death."

"And our side does not agree with the arguments put forward by the defendant's litigation attorney, and applies for rejection."

"The following is our supplementary statement and statement of opinion."

"According to the prosecution statement."

"There is a statement that Wang Yuan was worried that Wu Guoxing would harm herself, so she left Fang Zhihui outside the rental house to face Wu Guoxing alone..."

"This is backed by factual evidence."

"Based on that."

"Obviously, Wang Yuan knew Wu Guoxing's criminal intent."

"Since Wang Yuan knew Wu Guoxing's criminal intent, why did she leave Fang Zhihui outside the rental house and face Wu Guoxing alone with criminal intent?"

"The defense attorney's explanation is that Wang Yuan did not think that Wu Guoxing really dared to kill people and believed that Wu Guoxing came to find her from the bottom of her heart."

"These are all subjective factors of Wang Yuan explained by the defendant's attorney."

"So what about objective factors?"

"First of all, there is one point, that is, according to the evidence provided by the prosecution and law enforcement."

"Wu Guoxing has been at the door of Wang Yuan and Fang Zhihui's rental house for nearly seven or eight minutes. At this time, Fang Zhihui has not come back.

He also rapped violently on the door of the rental house, insulted him, and had the intention of committing a criminal act. "

"Exposed tendencies toward violence."

"During these seven or eight minutes, Wang Yuan and Fang Zhihui had a chat. Wang Yuan knew in her heart that there was danger, but why didn't she tell the situation during the chat?"

"In this process, most people's thoughts must be to tell their roommates or friends the specific situation?"

"Also, Wang Yuan mentioned that Fang Zhihui would persuade Wu Guoxing to leave."

"Fang Zhihui and Wu Guoxing are not familiar with each other. Why does Wang Yuan think that Wu Guoxing's violent personality and intention to commit crimes will not commit crimes against Fang Zhihui?"

"Why didn't Wang Yuan inform Fang Zhihui of the situation outside the rental house as soon as possible?"

"Obviously, Wang Yuan's behavior does not conform to the thinking mode of ordinary people."

"Through the above objective behavior and abnormal behavior, can it be inferred that Wang Yuan's psychological journey in the rental house at that time?"

"Substitute it in."

"Is it because Wang Yuan is in the rented house and there is no good way to face Wu Guoxing's threat, so I want Fang Zhihui to come and solve it. It is best to persuade Wu Guoxing to leave."

"But he didn't tell Fang Zhihui about the current situation, because he was worried that Fang Zhihui would be afraid, so he blurred the situation at that time."

"The purpose of doing this is because Wang Yuan believes that she is safe in the rental house, and whether Fang Zhihui is in danger has nothing to do with her."

"She doesn't care if Fang Zhihui is in danger..."

"Wang Yuan's character is like this. She doesn't care about other people's feelings and puts her own interests first."

"This can be seen from the dictation of Wang Yuan's friends, as well as the fact that Xie Jingmei and the law enforcement want Wang Yuan to appear in court as a witness, but Wang Yuan directly refuses."

"So based on this character and Wang Yuan's actions, this may be Wang Yuan's real subjective idea. Other remarks are just statements made to avoid legal responsibility."

"in addition.…"

"The contents described by the defendant's litigation lawyers are all based on Wang Yuan's subjective description, and they have not stated objective facts."

"Based on the three objective factors of the crime of negligent death."

"Wang Yuan meets both the first factor and the second factor. Regarding this point, does the defendant's litigator have any objections?"

Wei Hao frowned slightly, there was no need for any other defense on this point.

Because according to the evidence and Wu Guoxing's confession, after verification, the first factor and the second factor, Wang Yuan did all meet.

"no comment."

"But here, I want to emphasize that Fang Zhizhi's death has no legal causal relationship with Wang Yuan."

???

Is there a causal relationship is what you say?

Why do you talk about things subjectively every day?
The reason why you are talking about things subjectively, instead of using objective factual basis to make statements.

It's not because you know that from an objective point of view, Wang Yuan will definitely lose this lawsuit.

Therefore, the relevant legal issues have been discussed from the perspective of Wang Yuan's subjective factors.

In fact, talking only about the subjective and not the objective facts is playing hooliganism.

Subjectivity is demonstrated through objective implementation conditions, not what you say my subjectivity is.

If the presiding judge, through your statement, decides that what you said is subjective, what is subjective, and does not use objective factors to demonstrate, is that possible?
Totally impossible!
Facing Wei Hao's words, Su Bai didn't bother to refute, but continued to make supplementary statements.

"According to the third point in the objective point of view:"

"In this case, it refers to whether there is a corresponding causal relationship between Fang Zhizhi's death and Wang Yuan."

"First of all, Fang Zhizhi's death was directly caused by Wang Yuan's boyfriend Wu Guoxing at the time."

"Before the incident."

"Wang Yuan knew that Wu Guoxing might want to commit violence in that situation, and still asked Fang Zhihui to dissuade Wu Guoxing, and did not inform Fang Zhihui of the situation at that time, which was concealing the facts."

"In this case, should Wang Yuan be responsible for Fang Zhizhi's death?"

"Criminal law causation is a connection between human behavior and harmful consequences."

"If Wang Yuan had notified Fang Zhihui and told Fang Zhihui about the relevant situation, would Fang Zhihui have accepted Wang Yuan's request?"

"Is there a certain chance that it won't?"

"If Fang Zhihui is informed and Fang Zhihui accepts, then Wang Yuan does not have to bear the responsibility.

Because Fang Zhizhi acquiesced that no accidents would happen to his behavior or he acquiesced that his behavior would be borne by himself. "

"However, Wang Yuan's situation is obviously a concealment, a deliberate non-disclosure, which resulted in Fang Zhizhi's death and caused the cause and effect in the criminal law."

"In other words, for Fang Zhizhi's death, Wang Yuan needs to bear the corresponding responsibility."

"constitutes negligence causing death."

"at the same time."

"We still have a few very important questions that we want to raise and ask about the defendant's party and the defendant's litigation attorney."

"First: When Wang Yuan knew that Wu Guoxing had criminal acts and intentions."

"Why didn't you call the police?"

"Why did Fang Zhihui contact the first time instead of telling the law enforcement and informing the law enforcement officers to come and deal with this complicated situation?"

"also."

"According to the description of the defendant's litigation attorney, Wang Yuan did not have the intelligence of the other party to check the case within 10 minutes after the incident, because of a stress response."

"Then what kind of stress response did Wang Yuan forget to call the police and ambulance?"

"What is Wang Yuan doing during these 10 minutes?"

"Is it really irrational and unobjective behavior under stress?"

"According to the thinking of a normal person, even in a stressful situation, shouldn't you call the ambulance or call the police first?"

"Why didn't these matters take place for 10 minutes while in a safe state?"

"That doesn't fit the stress response of the average person."

"The defendant is asked to answer these points."

"Presiding judge, we have completed the supplement."

Su Bai's supplement is to completely and completely describe all the situations, from the subjective to the objective to the legal criminal causation.

Also added a few questions.

These questions are all rebuttals to the defendant's litigation lawyer Wei Hao's subjective statement against Wang Yuan.

But Su Bai did not question him, but threw the question to the defendant, asking the other party to answer these questions to reject the other party's subjectivity from an objective point of view.

You explain that Wang Yuan's subjectivity is so-and-so, but why is it not in line with objective factors?

You can't explain it.

So how do you prove that you thought so subjectively at the time, instead of deliberately saying it later in order to avoid criminal responsibility?
Although I have no proof what your subjective is.

But I refute you from an objective point of view.

If you can't answer the question, or if the answer doesn't meet the question, then the presiding judge will not adopt your subjectivity, but judge your subjectivity based on other objective facts.

This is the purpose of Su Bai's inquiry.

After Su Bai finished his statement.

On the seat of the trial bench, the presiding judge Zhou Guangyu roughly sorted out Su Bai's statement, and then turned to the defendant's seat after finishing the sorting.

"In response to the questions raised by the litigant, the following questions will be asked of the defendant party regarding some of the more important questions."

"Is the defendant party ready?"

Wang Yuan looked up at the presiding judge with a nervous expression, but she nodded anyway: "President, I'm ready."

"Ok!"

"Then start questioning you now, but you need to be reminded before the questioning. If you deliberately conceal or fabricate facts, it will have a major impact on the court judgment."

"All the consequences need to be borne by you."

"do you understand?"

"clear.…"

After hearing Wang Yuan's answer, Zhou Guangyu continued:
"The first question, when you received the information from Wu Guoxing and when Wu Guoxing performed violent acts at the door of your rental house, such as hitting the doors and windows, was very aggressive."

"Why didn't you choose to call the police, but let Fang Zhihui dissuade you, and didn't tell Fang Zhihui the specific situation, but chose to hide it?"

"I.…"

"My thought at the time was..."

Wang Yuan hesitated, not knowing what to say, because the situation at that time was indeed the same as what Su Bai said.

She was safe inside, and the reason why she didn't call the police and ask Fang Zhihui to dissuade her was because.

She still has some feelings for Wu Guoxing, and she doesn't want to call the police to let law enforcement officers handle this matter.

Because I was worried that if the law enforcement officers came, it would cause unnecessary influence and trouble to Wu Guoxing.

That's why I want Fang Zhihui to come over and persuade...

But can she talk about it?

can not say.

Although she doesn't know much about the law, if she tells this matter, it is obvious that she must have made a mistake.

If you make a mistake, you need to go to jail.  …

She doesn't want to go to jail.

Wang Yuan's eyes dodged, and she didn't know how to answer this question for a while.

Faced with Wang Yuan's hesitation, Zhou Guangyu continued to speak seriously: "The defendant, please answer the question."

"Judge, I...I forgot what I was thinking at the time, maybe it was because I was too excited at the time, or it could be other reasons..."

"presiding judge.…"

"I literally forgot what I was thinking, I can't remember, I was so scared, I can't remember what it was like now..."

This excuse...

Zhou Guangyu glanced at Wang Yuan indifferently.

Generally speaking, there are only two situations where you refuse to make a statement. One is that you really can't remember it.

Another is that I don’t want to speak out, but I am afraid that the false facts I have spoken will be exposed, and I will bear corresponding responsibilities in the future, so I shirk that I can’t remember it.

Wang Yuan's current situation is obviously the second one.

Zhou Guangyu continued: "You mean, you can't refute the questions raised by the litigant, right?"

Wang Yuan looked embarrassed and wanted to refute, but she couldn't find a suitable reason for a while.

I am even more worried that what I say casually will bear the corresponding responsibility and consequences.

dong dong!

Faced with this situation, Zhou Guangyu did not continue to ask, but instead rang the gavel and asked another question.

"I would like to ask the defendant, why didn't you open the door to take a look outside, or call the police or call an ambulance within 10 minutes after Wu Guoxing committed the crime?"

"Do you know that Wu Guoxing committed a crime at that time?"

"What were you thinking in your heart at the time, and why did you do such a thing?"

"I...I knew that Wu Guoxing had committed a crime, but I was too scared at the time. I was afraid that Wu Guoxing hadn't left, that he was still waiting for me outside, so I didn't open the door."

"I didn't call an ambulance because I didn't know what was going on..."

"In that case, I was in a hurry, but I couldn't turn my head around for a while, because I had never faced such a thing before,"

"The judge... I really didn't mean it."

"Judge, please trust me..."

Facing Wang Yuan's words, Zhou Guangyu said lightly: "Whether you believe it or not, you need objective facts to confirm it. You need to produce evidence to make me believe you."

"Do you have relevant evidence?"

One sentence blocked Wang Yuan's plan to ask again.

dong dong!

The gavel sounded.

Zhou Guangyu's eyes circled around the trial scene.

"Regarding whether Wang Yuan committed the crime of negligent death, do all parties have any other factual basis or evidence that needs to be stated?"

Wang Kai: "No."

Su Bai: "No."

Wei Hao frowned slightly: "No."

dong dong!

"Since neither party has any other factual basis or evidence to state."

"Then go to recess now."

dong dong!

The dull voice of the Hammer fell, the trial and plea was suspended, and the court entered the adjournment stage.

call.…

Su Bai breathed a sigh of relief, smiled and looked at the defendant.

The plea is almost over here.

Now you just need to wait, and the members of the collegiate panel will discuss how to judge this case during the adjournment stage.

For now...

According to objective factors, there is a legal causal relationship between Fang Zhizhi's death and Wang Yuan.

Sentencing her is inevitable!

only.…

Maybe the sentence applied by the prosecution is a bit lighter.

Wang Kai: I originally thought this sentence was acceptable.

But I didn't expect that there was room for further improvement in the plea this time.

Careless, careless...

If I had known earlier, I would have applied for a ten-year sentence.

Whether the court decides or not is one thing, but within the corresponding application rules, he can apply!
During the adjournment stage, Li Xuezhen's eyes were shining.

PS: Ask for a monthly pass~

(End of this chapter)