You became a lawyer and sent the judge in?

Chapter 324: Say important things three times, evidence!You judge the void, right? !
Su Bai knew what the presiding judge meant when he asked at the trial...

Meaning, if Fang Rufeng didn't want to kill someone, why would he search for the punishment after killing someone?
From a common sense inference, there is no problem with this question.

But what's the problem?
The problem is that this question should not be asked by the presiding judge at the trial.

Because the court needs to make a decision based on the evidence.

Especially in criminal matters...in accordance with the relevant provisions of the Criminal Procedure Law.

Making a judgment without relevant evidence and a complete chain of evidence is inconsistent with the relevant litigation process.

Lin Fengru's inquiry just now broke this point.

Although it is said that determination, evidence and legal opinions can be made through the aspect of reason.

But here you go, if there is no preparation to commit a crime, then why search?
In turn, doesn’t this mean that if you go to search, it is equivalent to preparing to commit a crime?

Bullshit!

Furthermore, why did Fang Rufeng search for this problem?
The main reason is that I suffered humiliation, and this thought flashed through my mind.

But there is no objective preparatory act of committing a crime as in the previous sentence.

Su Bai didn't understand the presiding judge's question, but he was also aware of the presiding judge's tendency.

However, this inquiry is currently directed at Fang Rufeng.

Facing the presiding judge's questioning, Fang Rufeng seemed a little nervous, but still said:

"I was searching because I was angry."

"I work outside, but Xie Tingting cheats on me at home. This is something even a man can't stand!"

"Who wouldn't be angry about something like this?"

"So I was thinking that Xie Tingting had an affair at home, and it was in the new house we bought less than a year ago."

"What should I do? I was really in pain at the time. Even a man can't accept this result!"

"Then I searched online, what should I do if my wife cheats on me, and whether killing my wife and mistress will result in the death penalty..."

At this time, Lin Fengru continued to ask:
"You are searching online for what to do if your wife cheats on you. It is out of rational consideration."

"But why did you search and kill your wife and mistress? Will you be sentenced to death?"

"During this process, did you have the idea of ​​killing Xie Tingting and the cheater out of hatred for them?"

Fang Rufeng glanced in Su Bai's direction and nodded:

"Well, I did have the idea of ​​killing them."

"Who wouldn't think about something like this except a saint?"

"No one can stand this situation."

"I think it's very normal for me to have this thought."

"But the idea only came to me when I was very angry at the time, so I searched online."

"When I calmed down and thought about my parents, I lost my mind."

"Because I am the only child of my parents. If I am sentenced to death for being a murderer."

"No one will take care of my parents. Considering this, I have no idea."

"You said you no longer had this thought later on, then when did this situation stop?"

"Is it after Xie Tingting called the police, or before Xie Tingting called the police?"

Fang Rufeng struggled: "Well...it was before calling the police."

"Before calling the police? Isn't this right? Your search time record does not match Xie Tingting's record of filing a police case."

"Obviously, you didn't have this idea after calling the police. Why did you lie about this question?"

Facing Fang Rufeng's answer, Lin Fengru questioned.

Faced with Lin Fengru's questioning, Fang Rufeng didn't know how to respond.

At this time, Su Bai raised his hand and said, "Presiding Judge, I have something to say about this."

Lin Rufeng turned around and said, "What does the lawyer appointed by the above party have to say?"

"Does it make any sense to ask my client whether Xie Tingting called the police before or after?"

"Besides, how could my client know whether it was before or after calling the police!"

"Xie Tingting had already left home at that time and was no longer with Fang Rufeng. Of course, Fang Rufeng didn't know when Xie Tingting called the police."

"So he can't answer this question at all! He can only answer it with a rough answer."

"My client did not lie, but there were obvious logical errors in your question, presiding judge."

"I would like to ask the presiding judge not to pursue the question any further. This kind of logical error should not happen in court."

"If we continue to pursue the inquiry and a similar situation occurs, then I will question the professionalism of the presiding judge in this trial!"

Su Bai directly interrupted Lin Fengru's inquiry.

According to the current inclination and inquiry of the presiding judge, he completely wants to guide Fang Rufeng's confession.

This matter... must be interrupted.

Lin Fengru's face flashed with displeasure at Su Bai's sudden interruption of the inquiry, but she did not continue the inquiry.

Instead, he remained silent and simply sorted out the inquiry just now.

Her inquiry just now just wanted to confirm one thing, that is, she had objectively committed a crime preparation act.

Before and after calling the police, it indicates that the failure to commit the crime in Article [-] is due to factors other than the perpetrator's will.

This was also the main reason why she kept asking.

I just asked a little quickly, without taking into account what Su Bai just said.

After about a minute, Lin Fengru continued to speak:
"Based on Fang Rufeng's answer to the question just now."

"It has been shown that Fang Rufeng did have criminal intent. The appellant has no objection to this, right?"

Su Bai: "We don't have any objections."

"Ok."

"Then now we will judge whether Fang Rufeng objectively carried out criminal preparations."

Facing the presiding judge's words, all parties in the courtroom fell into deep thought.

Guess how it will be judged.

Because of what?
Because this point only needs to be judged.

Then there is already a result on whether Fang Rufeng's behavior is a criminal act.

Xu Xia looked at the seat of the trial platform, regarding the outcome of this judgment.

Xu Xia was not too nervous.

why?
Because she is also a woman, she can learn from the presiding judge's approach.

It was obvious that the presiding judge regarded Fang Rufeng's behavior as preparation for a crime.

Just as Xu Xia imagined, Lin Fengru began to announce her verdict:
"Whether the other party Rufeng objectively carried out criminal preparation behavior."

"The collegial panel made the following determination:"

"After Fang Rufeng learned that Xie Tingting had cheated on her, she had a quarrel with Xie Tingting."

"It can be seen from the above that there are obvious emotional cracks between the two."

"And Fang Rufeng expressed strong dissatisfaction with Xie Tingting and threatened to kill Xie Tingting."

"Under these circumstances, Xie Tingting left their new home."

"Then that night, Fang Rufeng searched whether killing someone would lead to the death penalty, showing a subjective willingness and intention to kill."

"When combined with the real situation - Fang Rufeng was cuckolded, it is easy for radical emotions to appear, causing serious adverse social effects."

"Based on the above, it is determined that Fang Rufeng carried out criminal preparation actions based on objective facts." "Does the parties have any objections to the above determination?"

???

Any objections?

determination? !
Judgment is a hammer!
Su Bai has stated it many times just now.

Objective factual crime preparatory behavior refers to the execution of certain acts.

Searching for what to do if you cheat on someone, and whether you will be sentenced to death if you kill someone, are all subjective psychological aspects of crime.

To put it bluntly, Fang Rufeng wanted to kill, he wanted to kill!

But this is a subjective behavior, not an objective behavior!
Subjective is the main idea, and objective is the objective fact.

Does Fang Rufeng's search mean that he has done this?

not at all!
What is the presiding judge judging?A bit of a blind decision, right? !

Su Bai immediately raised his hand and said: "Presiding Judge, we do not agree with this judgment!"

Lin Fengru: "Give me your reasons."

"Our reason is simple. I think the presiding judge's decision does not comply with the interpretation of the law."

Lin Fengru frowned: "Can the lawyer appointed by the appellant describe in detail why it does not comply with the legal interpretation?"

Su Bai: "In the defense just now, we have repeatedly mentioned that we have objectively carried out criminal preparations."

"It means that corresponding actions were implemented."

"The evidence provided by the prosecutor can only prove that we have this kind of subjective consciousness, and there is no objective factual condition."

"Without objective factual conditions, criminal preparation cannot be determined, and it does not constitute the four basic conditions for criminal preparation."

“Based on the above, we do not believe that the presiding judge’s determination is reasonable.”

"So we apply to the presiding judge to revoke our judgment."

At this time, Lin Fengru simply listened, nodded, and asked:

“I can understand the appellant’s statement. The appellant’s view is that——

"In this case, Fang Rufeng did not prepare for intentional homicide based on objective conditions."

"Is it right?"

Su Bai: "That's right, the presiding judge."

Lin Fengru continued: "But has the appellant considered this issue from another angle?"

"According to Xie Tingting's alarm time, due to the quick response."

"So Fang Rufeng was stopped before he could prepare objectively."

"From this point of view, it was due to Xie Tingting's call to the police that Fang Rufeng did not have time to carry out criminal preparations."

"So that resulted in this."

"So back to the starting point, is it possible that Fang Rufeng will continue to search for how to kill Xie Tingting?"

"Is there any possibility of committing an act of preparatory crime?"

"For Fang Rufeng, if Xie Tingting cheated on her, then she is a very hateful person."

"Under certain circumstances, he showed that he wanted to kill Xie Tingting and cheat on the other party."

"In this case he was prepared, but before he could prepare, he was charged."

"So... there is no problem in judging from this point of view."

“With this, the appellant’s claim is dismissed.”

???

This logical thinking...Su Bai didn't know what to say for a moment.

Searching for enemies in the void, right?

Is this a way to determine relevance?
Lin Fengru’s expression just now had only one point of view——

In this case, the reason why Fang Rufeng did not objectively carry out criminal preparatory actions.

Mainly because Xie Tingting called the police in time, leaving Fang Rufeng no time to prepare criminal preparatory actions.

From the other side, Fang Rufeng told Xie Tingting that he wanted to kill her, and searched on the website whether killing two people would lead to the death penalty.

It shows that Fang Rufeng has the subjective will and intention to kill.

It just ended before it even started.

According to this situation, he should also be sentenced to criminal preparation.

This is the logic of the presiding judge.

Su Bai could only say one piece of bullshit logic!

This logic is only based on the perspective of the presiding judge and relevant scenario substitutions.

But actually?
In fact, judgment is not based on evidence. To be honest, Su Baizi has seen it in unjust, false and wrong cases.

Furthermore, I have seen it in some wrongful judgments, but this is the first time I have seen it.

Because of what?
Because in the past cases of wrongful judgments, the presiding judge often made harsh decisions.

But in this trial, the presiding judge gives you a chance to explain.

Okay, after you finish explaining, the presiding judge will explain to you according to his own logic.

Let you finish explaining and then I will explain the relevant logic to you.

???

Su Bai didn't quite understand this behavior, but this judgment definitely needed to be rejected.

After all, according to Lin Fengru's logic, this is completely using empty evidence to convict Fang Rufeng!
Can it be judged?
It certainly can’t be judged!
This is already a retrial case. If it is re-judged, the Supreme People's Procuratorate can only decide the case.

By then, time has been wasted and the marriage may have been divorced, which would be a serious injury to the client.

Su Bai immediately raised his hand: "Presiding Judge, I protest!"

"We do not agree to reject our opinion!"

"What we want is only evidence for judgment, not legal reasoning!"

"In criminal judgments, in accordance with Article 55 of the Criminal Procedure Law, the judgment needs to be based on legal conditions where the evidence is reliable and sufficient."

“Without objective factual evidence, the defendant cannot be found guilty and punished.”

"Is there any evidence for the statement made by the presiding judge just now?"

"The presiding judge's determination and rejection are only based on the legal views of the presiding judge!"

"But what about the actual evidence?"

"The actual evidence is what the presiding judge imagined later. Fang Rufeng would have objectively prepared for the crime, right?"

"Even Fang Rufeng will have objective and factual criminal preparation behavior in the future."

"But so what?"

"Without evidence now, we can't make a judgment!"

"If the presiding judge follows this approach, there may not be a few people who will not be found guilty."

"The presiding judge has the power to judge in court, but he does not have the right to interpret the law legally."

“We hope that the presiding judge can make a relevant judgment on the case based on the facts and evidence.

Rather than making judgments based on legal scenarios and other possibilities.

In criminal proceedings, relevant evidence should be used. "

"The above is our protest!"
.
....
After Su Bai protested, he looked up at Lin Fengru, who was frowning.
.
....
PS: Please give me a monthly ticket~
(End of this chapter)