You became a lawyer and sent the judge in?

Chapter 391 The defendant’s fierce rebuttal: Since surrendering has meritorious service, why can’t the sentence be reduced?

On the judgment seat.

After listening to Dong Baihao's statement, Xu Rufeng briefly organized it.

According to Dong Baihao’s current explanation at the court hearing.

It can be said to be a brutal violation of a child and its brutal murder.

but.…

There are also some subjective questions that need to be asked.

Clear your mind.

Xu Rufeng continued to ask: "The defendant Dong Baihao."

"According to your instructions."

"Dong Guoguo was going to the street town to sell passion fruit and met you when he came home at night."

"At that time, all Dong Guoguo's passion fruits had been sold, and the sales revenue was 56 yuan."

"After you killed Dong Guoguo, you took away the 56 yuan earned from selling it, right?"

"Yes."

Dong Baihao nodded and admitted directly.

"Then what's your idea of ​​taking away the 56 yuan?"

Facing the presiding judge's inquiry, Dong Baihao hesitated for a few seconds:

"My thoughts at the time were quite simple."

"What I'm thinking about is, if someone discovers Dong Guoguo's body."

"Taking the money can also play a misleading role. At least it is possible to avoid the investigation and prevent this matter from being implicated in me."

"Ok."

After asking these questions, Xu Rufeng nodded slightly.

At this point in the inquiry, the basic context of the case has been clarified.

What is basically certain is that in this case, Dong Baihao’s criminal motive, criminal subjective and objective factual circumstances.

A crime is a criminal act committed for the purpose of infringement.

After committing the assault, he was brutally killed.

This is the specific crime.

After confirming these...

The crime and basic circumstances of the case have been determined, and all that is left is to lock in the discussion of the sentence.

Violating young children and brutally killing them.

This is a felony.

However, given that Dong Baihao, in this case, voluntarily surrendered and confessed the facts of the crime, he had performed meritorious service.

There is still some controversy in the discussion of prison terms.

This is also the most critical judgment content in this case.

Thinking of this, Xu Rufeng turned his attention to the prosecutor's seat.

On the eve of this court session.

The prosecutor has been communicating with him, saying how bad the circumstances of this case are and how serious the situation is.

Let him consider the objective facts and circumstances and pass a fair and severe judgment on this case.

Of course, this kind of communication is normal communication in public places.

There was no private communication.

Through this, it can be seen that the prosecutor this time takes the issues involved in this case very seriously.

So when Xu Rufeng asked the prosecutor to speak on this case.

As the prosecutor and prosecutor of this case, Lin Qiushui specifically emphasized the seriousness of this case.

"The prosecutor's determination of this case is as follows:"

"The prosecutor believes that in this case, Dong Baihao's behavior of infringing and brutally killing a young child has involved serious criminal legal liability."

"According to legal provisions, the criminal liability involved in harming young children all involves serious circumstances."

"Although there is a meritorious performance of surrendering, the circumstances of his surrender are not enough to offset the criminal responsibility committed."

"Criminal liability should not be diminished in a serious case like this."

"Moreover."

"The prosecutor also wants to emphasize one more point, that is, in this case, Dong Baihao stated that his crime was a criminal path from which there is no turning back."

"What does it mean?"

"This means that Dong Baihao was worried that his criminal behavior would be discovered, so he made the wrong choice."

"However, as an adult, you should know the criminal differences and determinations between killing and not killing."

"During the commission of the crime in this case, Dong Baihao had many opportunities to give up committing the crime."

"But it didn't."

"Still chose to brutally murder a young child."

"This has shown a subjective behavior."

"Based on the above, according to the provisions of our country's criminal law, mutilating children is an abominable act. In addition, Dong Baihao violated and brutally killed the child."

"The prosecutor believes that the presiding judge should consider the sentencing based on the egregious circumstances."

"And surrender cannot be used as a primary basis for mitigating a sentence."

"The prosecutor's recommended sentence is the death penalty."

"..."

None of the parties were surprised by the prosecution's presentation and the recommended sentence.

Because from the perspective of the result, there is nothing inappropriate in the prosecutor's statement.

And the recommended sentence is very reasonable.

But this is only from the prosecutor's perspective.

From the perspective of Yu Cheng, the lawyer entrusted by the defendant, this case must be won.

Therefore, he must disagree with the prosecution's proposed sentence of death.

While waiting for the presiding judge to speak, Yu Cheng cast his gaze on Su Bai.

Su Bai noticed someone looking at him, raised his head and looked at Yu Cheng.

It can be seen that Yu Cheng's eyes are full of the eagerness to win.

Su Bai frowned slightly, and could see what the other party was thinking...

The idea is that you have to win the case?

Do you want to make a defense at the court trial and argue for a reduced sentence?

Su Bai didn't know much about Yu Cheng, but he could see his desire to win the case.

At this time, Yu Cheng withdrew his gaze.

Attention returned to the judgment seat.

At this time, after listening to the prosecutor's recommended sentence and related statements, Xu Rufeng asked the defendant to entrust a lawyer to express his opinion.

Hear the presiding judge allow himself to express his opinion.

Su Bai took a deep breath and stated his opinions focusing on the facts.

As long as the facts are clearly stated, the relevant determination of this case will not be difficult.

At present, there is no problem with objective facts and objective evidence, but there is still something to be said for the subjective aspect.

After Su Bai finished sorting out the materials, he looked up at the presiding judge's seat and began to state:

"Presiding judge, based on the defendant's statement just now and the prosecutor's statement, I would like to add a few important points here."

"Okay, please add more."

After hearing the presiding judge's agreement, Su Bai continued to speak:

"The first point is what the defendant just said. He doesn't know how old Dong Guoguo is..."

"We are skeptical here."

"According to Dong Guoguo's mother Feng Yunxia's statement, she had mentioned to Dong Baihao a few months ago that Dong Guoguo was ten years old."

"And Dong Baihao and Feng Yunxia have a good relationship. At that time, Dong Baihao even mentioned it. They were already ten years old."

"It can be clearly seen from this sentence that Dong Baihao may think that Dong Guoguo is too young."

"There is no situation in which he is considered to be 14 or 15 years old as described."

"Second point: I asked Dong Guoguo's mother, Feng Yunxia, ​​whether Dong Baihao had asked about Dong Guoguo's situation many times."  "Or whether Dong Baihao had previously expressed his intention to harm Dong Guoguo."

"Feng Yunxia's answer was that she had not noticed this situation before, but every time she met Dong Baihao, Dong Baihao would ask about Dong Guoguo's situation."

"It does show some unusual concern."

"From this point of view, it is very likely that Dong Baihao had premeditated this incident, but on the day of the incident, he had the opportunity, so he committed the infringement and crime."

"The third point is that Dong Baihao committed fraud against Feng Yunxia before he surrendered after the incident."

"This type of fraud is not about stealing money."

"Instead, he misled Feng Yunxia and said that Dong Guoguo might have some situation to confuse the situation."

"During this process, because there was no hatred or entanglement between Feng Yunxia and Dong Baihao, she tended to believe Dong Baihao's words, thus achieving a certain degree of misleading content."

"Through these three points, we believe that Dong Baihao was indeed involved in a serious situation."

Su Bai did not continue to explain the relevant situation because it was not necessary.

The first of the above three points is that children under the age of 14 are considered young girls and will be subject to more severe punishments according to the law.

The second point is to show that Dong Baihao did not commit a crime of passion, but that he had premeditated and carried out the crime with this idea.

The third point is that Dong Baihao misled others when he knew he had committed a crime.

From this point of view, the meritorious performance of the surrender plot should be reduced.

These are all supplementary contents by Su Bai and do not require too much further explanation.

Because it is enough for the presiding judge to understand and understand during the trial.

Facing Su Bai's supplement.

The presiding judge on the bench nodded slightly.

Then ask the defendant’s attorney or if the defendant has any other objections.

"Does the defendant or the lawyer appointed by the defendant have any other objections?"

"There is a presiding judge."

Yu Cheng raised his head and glanced at Su Bai first.

Then he slowly made a statement: "Presiding Judge."

"We do not agree with the statements made by the prosecutor and the defendant's attorney."

"Our reasons are as follows:"

"First of all, from a legal perspective, we sympathize with the victim and the victim's family."

"Dong Baihao did have criminal behavior and criminal facts in this case. There is no doubt about this. We admit it and recognize the harsh judgment of its circumstances."

"However, we do not agree with the prosecutor's statement that he has meritorious service but does not commute his sentence."

"And several points raised by the defendant's lawyer."

"The following are the detailed reasons for our rebuttal."

"During the investigation and tracking process of this case, Feng Yunxia made a report at the beginning."

"What are you reporting? You are reporting missing!"

"Because at that time no one knew where Dong Guoguo had gone or what happened to him."

"During the several days since Feng Yunxia reported the case, law enforcement authorities investigated her, but there was no progress."

"Without any clues, law enforcement officials were unable to determine the case at all."

"Whether he disappeared, was abducted, or was brutally murdered, none of this is known."

"From another point of view and angle."

"So can this case finally be solved?"

"There is a certain possibility."

"But will it become a cold case?"

"There is also a certain possibility!"

"If Dong Baihao doesn't surrender, then this case may never be solved."

"In other words, it's difficult to solve the case."

"Under such circumstances, Dong Baihao's surrender is a major meritorious service."

"At least for the cracking of this case, it is a meritorious service."

"Although he is a criminal suspect, his meritorious service cannot be denied."

"If it hadn't been for his surrender, there would have been a certain probability that this case would have become an unjust case."

"To put it bluntly, if the probation period is not reduced for such a major meritorious service, then what is the point of surrendering?"

"Why does the law stipulate that surrendering can reduce the penalty?"

"It is because he realizes his mistake and advises the criminal to take the initiative to admit punishment."

"If in this case the death penalty is still imposed."

"Then we can absolutely believe that surrendering in criminal law has a significant impact on the case and meritorious service, but it has no meaning at all!"

"The above is our rebuttal to the prosecutor's argument that the circumstances of surrender cannot serve the purpose of mitigating the sentence."

"From the perspective of the defendant's attorney, the defendant's attorney stated three points, which are completely meaningless."

"Why do you say that?"

"First point, there is no evidence to prove that Dong Baihao clearly knew that Dong Guoguo was only ten years old."

"But from Dong Baihao's perspective, he may really just think that Dong Guoguo is only ten years old."

"Because Dong Guoguo helps his family all the year round and looks older. From this point of view, Dong Baihao's opinion is not wrong."

"There is no subjective intentional concealment."

"Second, Feng Yunxia, ​​who was entrusted by the defendant to make a statement, cared too much about Dong Baihao and Dong Guoguo, and thought this was wrong."

"It's an accusation that Dong Baihao may have premeditated plans against Dong Guoguo."

"But when did Feng Yunxia discover that something was wrong with Dong Baihao asking about Dong Guoguo, or caring about Dong Guoguo?"

"I only found out about it after the incident."

"Then why not before the crime?"

"Is there a possibility that after Feng Yunxia learned that Dong Baihao was the murderer, her subjective impression changed to a certain extent, which caused this situation?"

"possible!"

"So what does this mean, what does it mean?"

"It doesn't mean anything, and it doesn't mean that Dong Baihao had any premeditation."

"As for the third point, I have nothing to say, because Dong Baihao does have some intention to mislead others."

"But from a side perspective, Dong Baihao has the idea of ​​misleading others, which is not wrong, and he succeeded in misleading others."

"Then, after successfully misleading you, you still choose to surrender even though you know that you have the possibility of getting away with it."

"We believe this better reflects his meritorious service in this case."

"presiding judge."

"The above is our detailed response to the views put forward by the prosecutor and the lawyer appointed by the defendant."

Yu Cheng looked down at his litigation materials and finished stating everything he wanted to state.

Then he looked up at the prosecutor and victim seats.

He has listed all the possibilities of this case in detail.

He couldn't think of any other opinions from the other party that could refute him.

If there is no specific point of view, then this trial is very likely to result in a suspended death penalty.

Yu Cheng took a deep breath, as long as this case can be won!

Then if he builds on the reputation of Bai Jun Law Firm, his own reputation will be significantly improved!

but.…

The power to decide a case rests with the presiding judge and the collegial panel.

The most important thing about this case is that the defenses of all parties can convince the presiding judge and allow the presiding judge to adopt them.

The final judgment of Dong Baihao still depends on the subjective judgment of the presiding judge and the collegial panel.

Thinking of this, Yu Cheng turned his head and looked at the judgment seat.
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PS: Last day, please vote for me~

(End of this chapter)