You became a lawyer and sent the judge in?

Chapter 319 Strong judgment!Conservatives: Think the radicals’ sentences are too light and not radical enough

On the bench seat.

Yu Yue summarized the respective statements of Su Bai and Jiang Min.

Be specific -

Subjectively, he was biased towards Su Bai.

The subjective bias is not only due to the behavior of the defendant, but also to the statements of the lawyer entrusted by the defendant.

and the issue of guilt determination in this case.

The prosecutor drafted the indictment early on and found the charge of attempted coercion.

certainly.…

According to relevant laws and regulations, Jiang Min has the right to raise questions at the court hearing.

However, according to the specific circumstances of this case, attempted coercion is more suitable as a crime in this case.

Forced indecency does not fit the circumstances of this case.

Thinking of this, Yu Yue banged the gavel:
"The collegial panel has heard the pleas of both parties."

"As for what the lawyer entrusted by the defendant has put forward, the defendant Mascu was forced to commit indecency, not attempted coercion."

"Based on Mascu's behavior towards Lin Wenhui during the criminal process of this case.

In objective fact, it already constitutes the implementation of coercion.

In subjective fact, there is a will to have a relationship and the discontinuation is due to external factors. "

“That is to say, the defendant’s request to retain a lawyer is rejected!”

"No objections!"

Jiang Min, who was sitting at the defendant's lawyer's seat, felt his heart sink when he heard the presiding judge's statement.

Sigh secretly.

How should I put it, if this judgment is rejected, then it is necessary to plead for attempted coercion for the defendant.

However, now that the criminal facts are clear, it is impossible to dismiss the case based on this point, and can only be based on the perspective of commutation of the sentence.

to be honest..
At this point in the case, in Jiang Min's opinion, it has become very difficult! .
....
On the other hand, Su Bai had no objection to the presiding judge's decision.

Forced indecency itself does not meet the necessary conditions for this trial.

Now it has been rejected, which is normal.

But having said that, if Jiang Min’s conviction is dismissed, the rest will be much simpler!
It is only necessary to make relevant determinations regarding the sentence.

Then this case is considered to be over.

On the bench seat.

The presiding judge banged the gavel: "The criminal facts of this case are clear."

"The defendant has no objection to the defendant's criminal facts, right?"

Facing the inquiry, Jiang Min shook his head.

The criminal facts have been certified by the prosecutor and law enforcement parties, and the evidence chain is sufficient.

He initially chose to use the charge to dismiss the prosecution's application.

It is because in terms of evidence, there is no such thing as missing evidence.

Now the presiding judge brings up the facts of the crime, regarding this...

There is certainly no objection.

Accompanied by Jiang Min's words: "No objection."

The presiding judge continued: "In this case, the lawyer appointed by the defendant has no objection to the criminal facts."

"So are there any questions about the sentence recommended by the prosecutor?"

"This has.…"

"Please explain any doubts about the sentence based on the law."

Jiang Min took a deep breath and said: "The presiding judge..."

"We think this sentence is too harsh..."

"First of all, in this case, we attempted a crime, and secondly, we committed a crime while drunk."

"From the perspective of the crime, we did not use excessive violence during the crime."

"In other words, the violent behavior did not cause much harm to the victim Lin Wenhui."

"also."

"Our client is a foreigner after all. He may not understand the domestic laws, or be in a state of ignorance."

“Based on the above conditions, we believe that the defendant should be given a lighter sentence.”

"Especially in the case of attempted crime, appropriate reduction of the sentence should be considered."
.
...

Jiang Min stated several simple necessary conditions for commutation of sentence.

The most important of these necessary conditions is that the violent act did not cause much harm to Lin Wenhui.

and the identity of the foreign personnel involved.

In fact, what Jiang Min wanted to express most was the impact of foreign status on the judgment.

Because in the actual sentencing, the sentence may be reduced due to the foreigner’s status.

but.…

The trials of foreigners under domestic criminal law are normal trials in accordance with the requirements of the law.…

Therefore, this matter cannot be directly stated in the court hearing.

It can only be explained that the presiding judge should consider the factors of the defendant's nationality and discuss the defendant's sentence.

At the presiding judge's seat, after listening to Jiang Min's statement, Yu Yue turned to look at the prosecutor and accuser's seats:
"Regarding the opinions made by the lawyer appointed by the defendant to express dissatisfaction with the sentence."

"Do the prosecutors and prosecutors have anything to say."

As the prosecutor, Wang Xiong responded: "As for the defendant's statement."

"We do not agree..."

"The point we disagree with is that we don't think there is any problem with the recommended sentence."

"Conforms to domestic legal requirements for determination."

At the end of the prosecutor's response, Su Bai raised his hand again:
"President, we also disagree with the defendant's request for a reduced sentence."

“Because the defendant’s argument for reducing the sentence was mainly based on the fact that it did not cause too much harm to the victim and that the defendant was a foreigner.”

"But in fact the defendant caused serious harm and mental damage to us and other female students in the school."

"If a girl who has not yet left school encounters something like this, the mental damage to her will be huge, and the society's discussion of her will also have a serious and negative impact."

"It is not difficult to see from the opinions on this matter on the Internet how great the impact has been." "Furthermore... I don't know if the defendant wants to propose that the defendant, as a foreigner, can obtain exemptions and reductions in the country. Sentence.”

"But both our country's laws and foreign laws have relevant provisions. Foreigners who commit crimes in the country will be treated without discrimination."

"There is no legal basis for foreigners to enjoy special immunity for crimes committed in the country."

"This is not allowed by law."

"Based on the above, we do not agree with the defendant's point of view."
.
....
During the three-party trial, the defendant's request for a reduced sentence was clearly rejected by the prosecutor and the prosecution, and the relevant reasons were elaborated in detail.

On the bench, the presiding judge Yu Yue knew very well that the current trial had entered an anxious scene.

So he struck the hammer:

"Adjourn!"
.
....
This case has entered the corresponding closing stage.

All parties present at the trial also understood that this time the trial was adjourned.

The most critical and important thing is to discuss the determination of the defendant as a foreigner.

During recess.

Su Bai breathed lightly.

To be honest, this case only involved the school and the defendant’s status as a foreign student from beginning to end.

Firstly, it was the school's protection, and secondly, Mascu did not belong to the domestic nationality.

At the trial, there were not many issues that Jiang Min could argue.

Whether it is forced indecency is the most critical question raised by Jiang Min.

However, the application was rejected.

The remaining questions are relatively simple.

For commutation...

Su Bai's view is very simple.

commutation?

Do you want a certain reduction in sentence?
Come up with legal basis!

If an ordinary foreign student commits a crime in the country, the foreigner's criminal liability will be investigated in accordance with Article 17 of Criminal Procedure.

Except for those who enjoy diplomatic privileges and immunities, others will be investigated according to relevant criminal liability.

There is no legal provision for criminal exemptions for foreign students.

Then...the trial should comply with domestic criminal laws.

In this way...

This trial focused on and discussed far fewer points...
.
....
the other side.

During the adjournment, Jiang Min came to the defendant Mascu and gave a rough description of the current trial situation.

Masku's eyes widened and he kept saying no, no, no.

I even got anxious and spoke a few words in Chinese.

"Can't.…"

"They can't judge me, I didn't do anything..."

"I need to contact the embassy and the school to ask for a suspension of the trial."

Jiang Min listened to Mascu's words and didn't say much. After all, he was just a lawyer.

Not responsible for other matters.
.
....
at the same time.

The collegial panel discusses the room.

Yu Yue and two other members of the collegial panel were discussing the issue of criminal sentencing in this case.

What is beyond doubt about this case is that the criminal facts and proof of crime have been established.

Just discuss the prison term.

Yu Yue picked up the water with the wolfberry soaked in it, twisted the bottle cap and said:
"This trial involves foreign students."

“For what the defense has proposed, we believe the prosecution’s recommendation for an extension is too high.”

"What do you think about it?"

Yu Yue looked to his left hand side.

Lao Liang on the left has some experience in criminal matters and the judgment of foreigners who violate the law.

When he asked this question, he was also asking for Lao Liang's opinion.

Lao Liang noticed that Yu Yue turned his eyes to him and replied:
"In actual sentencing, the foreigner factor is generally taken into consideration, and the sentence will indeed be reduced."

"but.…"

"I have a different view on this case."

"Why is it different?"

Yu Yue asked.

"First of all, the issue involved in this case is influence."

"The impact of this case is so great, and it also involves an international student who repeatedly molested and attempted to force other girls in the school."

"Let's not discuss the school's responsibility for now. Let's just talk about why foreigners are so arrogant in studying in China."

"What's the main reason?"

"The main reason is that other domestic universities are tolerant and indulgent in their approach to international students."

"Just like this case, based on my understanding and my communication with the prosecutor, Mascu, the defendant, has done similar things in the school many times."

"The school has been suppressing the case, and the students are afraid to file a case."

"Foreign students in China have repeatedly violated the law by relying on their right to study abroad."

"If we give a lighter sentence, will it make other people think that we are treated differently under the law? We are discriminating against our own people?"

"According to the current trend of public opinion, I think it is very possible, and I personally do not agree with a lighter sentence."

"This is my idea."

After listening to Lao Liang's suggestion, Yu Yue turned his head and looked at Lao Xiao beside him.

"Old Xiao, what do you think?"

Lao Xiao's expression was serious: "To be honest... I judge myself more harshly than others."

"I have never agreed with this bullshit view!"

"I think three years in prison is too light...should we consider a higher sentence?"

Yu Yue:….
Lao Liang:….
Lao Xiao is even more radical than the radicals!
.
....
PS: Please give me a monthly ticket~
(End of this chapter)