You became a lawyer and sent the judge in?

Chapter 393 Did I slap you in the face this time? Not arrogant anymore?

The relevant important judgment point in this case is not the first idea of ​​​​determining whether there is premeditation.

But in the second judgment, does Dong Baihao know that Dong Guoguo is under the age of fourteen?

Those under 14 are considered infants, and those over 14 are considered women.

This is a big subjective difference!

This is the main key to judging serious circumstances!

If it is determined that Dong Baihao knew that Dong Guoguo was under 14 years old, he chose to forcibly violate her.

Then subjectively, the idea of ​​​​a young child being violated is reached.

This way the situation will be even worse.

It will be much more difficult to reduce the sentence and punishment for his surrender and meritorious service.

On the judgment bench, after judging the first point just now,

Xu Rufeng glanced around at the seats of all parties in the trial.

"Now regarding the first point of judgment, none of the parties have any objections."

"Then let's move on to the second point of judgment."

"Does Dong Baihao know that Dong Guoguo is under 14 years old?"

After Xu Rufeng finished saying this, he looked up at the victim's lawyer's seat.

“Does the victim’s lawyer have any views on this point?”

"Yes, Judge."

Su Bai answered: "At this point, we believe that Dong Baihao knows that Dong Guoguo is under 14 years old."

"First of all, there is one point, that is, Feng Yunxia has just stated it."

"Dong Baihao often asks about Dong Guoguo's situation, and when he sees Dong Guoguo, he often says hello or makes jokes."

"In this case, Feng Yunxia repeatedly informed Dong Baihao about Dong Guoguo's age."

"As a person who cares about orphans and widows, and especially cares about Dong Guoguo."

"In this situation, there is no situation where Dong Guoguo's age is not known."

"I said I forgot."

"It is most likely an excuse to evade criminal liability under the law."

"On this point, I would like to ask the presiding judge to determine whether Dong Baihao knew that Dong Guoguo was under the age of fourteen based on the relevant legal circumstances and objective factual circumstances."

to be honest.

As someone from the same village, I often greet Dong Guoguo, often meet in person, and I also deliberately pay attention to Dong Guoguo.

He said he didn’t know Dong Guoguo’s age.

Not realistic at all!

In this case, how could you not know?

It just means that from the perspective of a criminal suspect, even if he knows, he must deliberately pretend not to know.

to evade one's criminal responsibility.

This is also a common method used by criminal suspects.

However, this commonly used method is generally not adopted by presiding judges.

Because in addition to hearing the corresponding confessions, the presiding judge also needs to look at the legal situation and the actual situation.

For example...

A girl who is obviously a toddler, you have to say she looks like a woman in her 20s.

In this case, will the presiding judge accept the suspect's confession?

In the vast majority of cases no!

The way the presiding judge makes judgments is not based on what the suspect says.

Rather, it is necessary to make certain judgments based on the facts and the corresponding scenarios.

After listening to Su Bai's court statement.

As the presiding judge, Xu Rufeng nodded slightly. According to Su Bai's statement, this legal situation does exist.

As a fellow villager who always cares about his younger generations.

Basically, there is no such thing as knowing the specific age of the other party.

Even if you don't know, you will have a rough impression on your personal subjective perspective.

如果说董果果是12到13周岁，与14周岁仅差1到2岁之间。

So, it is normal for there to be certain deviations in this personal subjective general impression.

But there is a four-year difference between the age of ten and the age of 14.

In childhood, the difference between these four years is huge!

Dong Baihao's personal statement alone cannot prove that he did not know that Dong Guoguo was under 14 years old.

This is Xu Rufeng's view.

But the specific situation.

We still need to listen to the perspective of the defendant’s client.

Then Xu Rufeng said: "Regarding this judgment, does the client of the defendant have anything to say?"

Yu Cheng also understood the importance of this judgment and immediately said:

"There is a presiding judge."

"What Dong Baihao stated in this case was that he did not know that Dong Guoguo was under 14 years old."

"There's another important reason to be here."

"That is Dong Guoguo. Maybe due to family reasons, it is not easy to tell whether he is under 14 years old or not from his appearance."

"Perhaps at this point, Dong Baihao has a certain misunderstanding and believes that Dong Guoguo is over 14 years old."

"So we believe that based on this point of view, Dong Baihao's confession can be adopted."

After hearing this, Su Bai immediately retorted:

"Please pay attention to the lawyer entrusted by the defendant!"

"What we just stated is that as a fellow villager, as someone who cares about Dong Guoguo and often asks about Dong Guoguo's status."

"How could he not know Dong Guoguo's approximate age?"

"Even though Dong Guoguo's face is relatively mature, he is probably over 14 years old."

"But as a fellow villager, doesn't he know this?"

"Dong Baihao doesn't mean that he hasn't returned to the village for a long time after going out to work. He has been staying in the village."

"In this case, he has a relatively good grasp of some things in the village."

"So basically there is no such thing as a facial appearance!"

Su Bai only expressed one point of view.

to be honest.

That is to say, it is okay to look at the face, but the face is only for those who are unfamiliar with it.

Or some unusual people.

In this case, it is very common to use facial recognition to determine the age of the other person.

But what is the current situation?

Now Dong Baihao often comes into contact with Dong Guoguo and Feng Yunxia.

Doesn't he know Dong Guoguo's family conditions?

In other words, he might have been a little surprised when Feng Yunxia told him that Dong Guoguo was only ten years old.

Under this environment and situation, it is impossible for Dong Baihao to be unaware of the fact that Dong Guoguo is under 14 years old. Based on this situation, the statement made by the defendant’s lawyer is completely inconsistent with the actual situation.

After listening to Su Bai's statement, Yu Cheng wanted to continue to refute.

However, he was interrupted by Xu Rufeng, who was sitting on the bench.

"The defendant has entrusted his lawyer to refrain from rebuttal for the time being."

"Defendant, let me ask you a few questions."

Facing the presiding judge's inquiry, Dong Baihao nodded:

"Good judge."

"You said you didn't know Dong Guoguo was under 14 years old, but you thought Dong Guoguo was or years old."

"But you have been in the village for so long, haven't you heard anyone mention Dong Guoguo's situation?"

"Or haven't you heard anyone mention the situation inside Feng Yunxia's family?"

Dong Baihao hesitated, not knowing how to answer.

He knew that Dong Guoguo was about ten years old, and said that he believed that the age of fourteen or fifteen was indeed to evade legal responsibility.

this problem.…

After a few seconds of silence, Dong Baihao spoke:

"Presiding judge, I heard others in the village talk about Dong Guoguo's situation."

"Because we meet often, I also know that Feng Yunxia's family is quite difficult."

"You know the situation inside Feng Yunxia's family, so why don't you know that Dong Guoguo is under 14 years old? How do you explain this? Has no one ever told you about it?"

This question is even more difficult for Dong Baihao to answer.

During the meeting, Yu Chengcheng had already told him that it was best not to lie during the trial.

Because based on his confession, the court can completely confirm it.

If the slip of the tongue is proven to be wrong, the penalty will be increased.

Can't lie, can't answer.

Dong Baihao simply remained silent.

Faced with Dong Baihao's silence, Xu Rufeng, as the presiding judge, did not continue to ask questions.

Instead, he posed the question to Yu Cheng: "Is there anything else the defendant's attorney would like to continue to state?"

Face the inquiry.

Yu Cheng also fell into silence.

He did want to refute just now, but now the presiding judge's inquiry has made it very obvious.

That is, in a legal situation, it is believed that Dong Baihao knew that Dong Guoguo was under 14 years old.

Another point is that the presiding judge's inquiry further confirmed that whether Dong Baihao knew Dong Guoguo's age was not directly related to facial recognition.

His continued statement was also a meaningless statement.

I simply won’t continue my statement.

"Presiding Judge, we have nothing else to say."

"Ok."

Xu Rufeng nodded slightly and struck the hammer.

"Determining whether Dong Baihao knew that Dong Guoguo was under 14 years old."

"All parties have stated their respective points."

"In this regard, the collegial panel will make a decision——"

"According to the corresponding legal circumstances, Dong Baihao's confession believes that Dong Guoguo is over 14 years old."

"There is no legal basis, but it is based on the environment in which it is located."

"Dong Baihao knows that Dong Guoguo is under 14 years old."

"Use this to judge."

"Does any party have any objections to the above determination?"

Prosecutor: "No objection."

Yu Cheng's expression was not so good: "No objection."

Su Bai took a deep breath: "No objection."

Once this determination is completed, the outcome of this trial has basically been decided.

Dong Baihao’s death sentence!

This judgment point is very critical.

After this judgment, Li Xuezhen's tight little face smiled.

Then he looked towards the defendant's attorney's seat with bright eyes.

The meaning is simple and clear... weren't you provocative just now?

Don’t you think you are certain to win this trial?

What now?

After noticing Li Xuezhen's gaze, Yu Cheng, who was sitting at the table of the defendant's attorney, looked slightly unhappy.

This judgment is indeed crucial, but it does not mean that he lost the trial!

As long as you keep seizing this meritorious performance in the following defense and court statements, you will still have a chance!

Seeing the expression on Yu Cheng's face, Li Xuezhen turned her head:

"Lawyer Su, the main judgments in this trial are over. Are we going to win this trial?"

Su Bai noticed Li Xuezhen's behavior just now, and when he heard Li Xuezhen's question, he smiled and said:

"The two key judgments of this trial have come to an end. What remains is the meritorious performance determined by the presiding judge and the members of the collegial panel."

"If the presiding judge and members of the collegial panel believe that this meritorious performance can reduce the sentence, then the case will be lost."

“If the circumstances are considered particularly egregious and the meritorious service is not sufficient to mitigate the circumstances, then the case will be won.”

"My personal view is that there are insufficient mitigating circumstances."

"Because Dong Baihao knew that Dong Guoguo was under the age of 14 when he violated and brutally killed her."

"This is too serious."

"Oh!"

Li Xuezhen nodded solemnly.

"I understand Lawyer Su!"

Li Xuezhen felt relieved after hearing what Lawyer Su said.

Lawyer Su believes that if we can win this trial, then there will basically be no other surprises!

The lawyer opposite, how should I put it, has been acting a little strange in this trial.

It seems that they just want to win the case in court and rely on the reputation of their Bai Jun Law Firm.

But.…

Li Xuezhen glanced at Su Bai quietly.

This is also the lawyer in the trial, but Lawyer Su!

How could you lose!

Now... all we have to do is wait for the presiding judge to continue the trial process and announce the verdict!

Beautiful!

Li Xuezhen thought silently and glanced at Su Bai subconsciously.
.

....

PS: Please give me a monthly ticket~

(End of this chapter)