Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?

Chapter 183 Judge: Only plead guilty to misdemeanors but not felonies?What kind of voluntary confess

Chapter 183 Judge: Only plead guilty to misdemeanors but not felonies?What kind of voluntary confession is considered?
The case is under trial.

All eyes were focused on Lawyer Luo on the plaintiff's bench.

Facing the defense of the female driver who was accused of drunk driving, Lawyer Long sitting in the dock before the opening argument...

Just plead guilty and accept punishment in advance!
With the defendant taking the initiative and playing such a card, how should it be dealt with?
How should we face it?

How to refute this?

If it were dealt with in this way, it would definitely be just a crime of traffic accident.

less than three years.

It can even be suspended.

Look at it for two years.

Is there such little punishment for intentional homicide?

For intentional homicide, you will be sentenced to more than 25 years, or indefinitely?Or even worse, the death penalty!Even the most serious death penalty is executed immediately.

Want to reduce the sentence and punishment level so low in just a few words?

This unscientific.

Funny.

This is also inconsistent with everyone's moral values.

It does not conform to the simplest concept of good and evil.

In court.

It was a good case in which the plaintiff sued the defendant, but now it has become the defendant's home court. What the hell is this?

Ah!
I have to say that Lawyer Long has some tricks.

He was not very famous before, but now after this lawsuit started.

Instantly hit the internet.

It's just that this method of popularizing the Internet may be mixed with mostly curse words.

Online netizens have already sent greetings to the ancestral graves of the lawyer and the criminal suspect...

The criminal suspect who was locked up in the small fence was the female driver who was drunk and was crying.

Very cooperative!
He successfully used his identity buff.

As for whether there is an element of performance in this?
Damn, absolutely 100% performance.

The tear of crocodile.

Performed live.

Cry as you say.

Damn!

How many tears?

Do you use this to show your repentance?
ha?
Is there such a good thing in the world?
Luo Kai coughed lightly and took a deep breath.

As anger brewed, his voice went from low to high: "The plea and punishment stated by the defendant's lawyer, that is, the defender, seems to me to be nonsense!"

Under the gaze of everyone, Luo Kai didn't care about the face of the defendant's lawyer and directly started to argue:
"First of all, what crime did you plead guilty to, and what punishment did you plead guilty to? Do you want to confuse the concept and confuse the public? Simply argue the felony into a misdemeanor, and then let it go lightly, right?
The facts of this case are two crimes and two acts. Please note that when the prosecutor filed the lawsuit, he prosecuted the two crimes together for the crime of traffic accident and the crime of intentional xing! "

“As we all know, in the investigation stage of a criminal case, the facts of the case are submitted to the prosecutor after official investigation, that is, the public prosecution for examination!
yes!Traffic accident crime!Defense lawyer, you admitted it!But there is another crime, do you admit it?Do you admit to the crime of intentionally raping someone?

If the reflection is not thorough, then there is no reflection!
If you don't fully realize your mistake, you are still getting away with it!
Realizing that his criminal behavior was incomplete, he still had the nerve to plead guilty and accept punishment in court and seek a lighter punishment?Are you playing?Are you still making trouble?

Do you think your cleverness can cover up the official investigation?You admitted to the relatively misdemeanor crime of traffic accident!But what about the others?ah!It's funny.

Criminal suspect, you also shed a few tears while performing in court, but only you know whether this is true or false! "

Luo Kai said this with a loud voice.

Through the microphone!
A severe blow to the heart of the criminal suspect.

It is like the voice of Zhong Kui.

Put an end to the demons and monsters in this world.

Eliminate the demons and monsters in this world.

Luo Kai angrily denounced this shameless performance in court.

Since you want to anger each other.

Then you have to come up with evidence.

You said you plead guilty and accept punishment.

You said you knew you were wrong.

You said your defendant had a good attitude?

You said you are suitable for a reduced sentence and a lighter sentence?

I really thought you, Lawyer Long, could solve the problem with just a touch of your lips! ?
Do you regard Lawyer Luo as a puppet?
Are you treating yourself as a mute who cannot speak?
Are you a legal idiot who currently has no knowledge of criminal law?
Do you regard me as a Dharma-illiterate?
Do you think I don’t understand the law?
Being a judge is really easy to fool, right?
You have to find a partner to deceive people.

it is good!
Then let's see how I, Luo, will tear the face of you, a monster.

Shameless, right?
It's just that you can perform in conjunction with your lips and cries, right?

Don't come up with real evidence to show your sincerity, right?

then let me do it.

Let me show someone some evidence to slap you in the face.

Luo Kai glanced at the criminal suspect who was locked inside the fence and had stopped crying.

It's like changing your face!

Tears are like faucets!
Just open it?

Just close it?

This bitch seemed to feel that the people around her were looking at her in a particularly strange way.

This minute I stopped choking.

The two red eyes contained anger and resentment.

Like a poisonous snake!

Looked at Lawyer Luo fiercely.

If eyes can kill.

Luo Kai believed that he was already riddled with wounds at this time.

Dare you be angry?
How dare you get angry after doing something wrong?
Where did you get your face from?
Luo Kai lowered the microphone: "Pleas guilty and accepts punishment, so as to achieve the purpose of reducing the criminal law. Defendant, you are using this idea to evade the sanction of legal justice, right?
Well let me tell you, you are thinking too much!
According to the Criminal Procedure Law, among the criminal law principles of a lighter punishment for those who plead guilty and accept punishment, the first important requirement is to fully confess the facts of the crime, and the other important requirement is to be sincere!

Only when the objective aspect and the subjective aspect are combined can the standard of confession and punishment be barely met. Both requirements must be met and both requirements must be met.

Otherwise, it wouldn’t even be considered a confession!It cannot be used as a basis for commutation of sentence!
What's more, it's up to the judge to decide whether to adopt it. You, the defendant, are only responsible for proposing it. The initiative of whether to adopt it is not in your hands. You want to override it, right? What do you want to do? "

Luo Kai mentioned it a little bit here.

But I didn’t go to a deeper level.

The three judges frowned slightly when they heard this.

Especially looking at Lawyer Long sitting in the dock.

There was some warning in his eyes.

Discretion.

That's for judges.

You act as a defendant's attorney.

Are you teaching us three judges how to do things?
The line of sight has improved slightly!
Luo Kai's voice echoed through the microphone in the entire trial hall, and he continued to angrily:
"And the legal "sincere attitude" has substantial requirements, such as obtaining a letter of forgiveness from the victim's family and actively compensating for the losses caused by oneself!
In this case, you, the defendant, as the perpetrator of the case and the criminal suspect, dragged our victim under the car for 1 kilometer, leaving us on the verge of death, just so short of the Palace of Hell. kick!
After causing such a tragic accident, did you cooperate with the investigation during the period when you were taken into custody?Have official investigators told you about the victims?Of course I told you!
And as far as I know, according to the investigation transcript, which is the official written evidence 3-5, it is clearly told to you that this car accident was a drunk driving accident and the insurance company will not pay compensation. The specific compensation will be made by you!The official investigation staff have fulfilled their duty to remind!
On the subjective side, one of the important conditions for admitting guilt and accepting punishment is "sincere attitude." In which case have you achieved it?

Do you take the initiative to visit patients and victims in the hospital, take the initiative to pay medical expenses to discuss compensation, obtain forgiveness, or something else?ah? "

“At the scene where he was caught in a drunk driving accident, his face was indifferent, and he even had time to take off the watch in his hand. This was all recorded as evidence in the law enforcement recorder and the videos taken by the surrounding spectators!

You said that there has been such a big change in attitude in just these few days. I don't think so, right? "

Luo Kai took a deep breath when he said this: "On the objective level, he pleads not guilty and does not fully describe the facts of his crime. The objective level cannot be passed!
There is no legal expression of sincerity at the subjective level!
Therefore, when the subjective and objective aspects are not satisfied, I really don’t know how you, the defendant’s lawyer, have the nerve to say that your client has pleaded guilty and accepted punishment and is sincere?Want the possibility of a lighter sentence?You don’t even have the face, right? "

In the previous few sentences, there are laws, evidence and reasons in the debate process.

Quoting from the classics.

It's a perfect argument.

Slap each other hard in the face.

In the last sentence, he even cursed in court.Do you still want some face?

what?
Are you saying this is a curse word?

This is clearly a question.

Although it is slightly more than the facts of the case, it is based on personal emotions.

but.

Ah!
Cool!
It's so cool!

The eyes of everyone present were filled with admiration.

The same goes for judges.

Luo Kai took a deep breath.

He quickly handed over several pieces of evidence in his hand.

The clerk took it and handed one copy to the judge. The other copy was placed on the projector in front of him and projected on a huge screen, so that netizens watching online could also view the evidence!
After displaying these transcripts.

There was a slight silence for a moment.

The fighting has already begun.

The debate session has already begun.

The focus of the first debate is whether it can be confirmed in court that the criminal suspect pleads guilty and accepts punishment.

But obvious.

Compared to Lawyer Long who was sitting in the dock and just said a few words, and the female driver who was a drunk driver behind a fence, shedding a few tears and confessing her guilt in a performative manner.

The evidence Luo Kai presented in court was even more convincing:

The plaintiff firstly did not come to reconcile, secondly did not come to seek forgiveness, and thirdly did not cooperate in pleading guilty.

Is that a silly confession?

That's a silly confession?

Does that count as having a good attitude?

Pooh!
The face is gone.

Lawyer Long, who was sitting in the dock, looked a little ugly.

Someone who is almost in his 50s.

I have been immersed in the legal industry for more than 10 years and joined the largest law firm in Yanhuang...

The lawsuit has been going on for so many years.

Lawsuits between colleagues have always been like Lawyer Luo, who was full of fire and anger during the trial, without saving any trace of face.

After all, in the legal industry, you can't see someone without looking up. As a lawyer, you will at least save a little bit of face.

Just state it simply according to legal procedures.

There is no big mistake, and no big mistake is the biggest gain.

With more than 10 years of litigation experience, Lawyer Long has subtly formed an attitude of being an old-timer.

As long as there is a new intern lawyer in the law firm, even the accountant will make things difficult for him.

It is only in the obedient confessions of these newcomers that they can regain a trace of the so-called sense of superiority belonging to the old-timers.

but.

just now.

In trial.

There was a young man who, in full view of everyone, cursed by name and name.

old stuff.

It's time for you to explode the gold coins.

Lawyer Long, who was sitting in the dock, thought about the fact that this case was being tried in public across the entire network.

His face became even more ugly.

He glanced at the man sitting next to him.

That is, the husband of the female driver who caused the drunk driving accident.

This man, who looked a bit like a fat rat, seemed to have been given instructions.

For example, a student raised his hand to answer a question: "Your Honor, we took the initiative to negotiate with the victim's family. We went to the hospital and offered compensation. Our attitude was good and we implemented it!"

"We are actively reaching a settlement with the victim's family and hope to obtain a letter of understanding from the victim's side..."

This guy hasn't finished speaking yet.

Luo Kai angrily spoke directly through the microphone: "You still have the nerve to say active reconciliation. It was you who came to the hospital with a large box of money, but you used a threatening tone and wanted to use the money to make peace with the victim who was in urgent need of money. Families signed an unequal understanding!

You call this active understanding and taking active measures?If you say something to me as a co-author, I’m here to ask for your understanding, so I have to agree, right?Moral kidnapping, right? "

After Luo Kai finished speaking, let the public prosecutor sitting in front of him present the evidence collected during the investigation in court.

Monitoring in the hospital...

Then for the next 10 minutes.

Everyone present held their breath while watching this evidence...

To be honest, this piece of evidence is not very relevant to this case.

But Luo Kai was cautious when he received this case.

It is strongly requested to retrieve the hospital’s surveillance video and save it.

Used now.

Ah!
The anger in Luo Kai's heart grew stronger and stronger.

Especially thinking of the female driver's husband, he was so embarrassed to push her.

What do you mean they came to apologize?
Have proactive measures been taken?
Have you actively communicated and apologized to the families of the victims?
Can you just apologize easily?
You bow and that's it.

After you say sorry, I have to accept it.

Are you kidnapping your morals?
There is no position of being a villain at all, right?

This is like getting along with classmates.

Classmate A slapped Classmate B in full view of everyone.

Then apologize quickly and say sorry.

Then he slapped you again and said, I already said I'm sorry to you, what else do you want from me?
ha?
What kind of rubbish logic is this?

Is this thing really a Yanhuang person?
Luo Kai's anger level is gradually building up.

Both sides have finished their debate.

And the evidence was presented in court.

All eyes turned to the judge.

thump.

The judge lightly tapped the wooden hammer in his hand.

“Based on preliminary confirmation, the defendant claimed to plead guilty and accept punishment, but based on the evidence presented by both parties, objectively speaking, the guilty plea was not complete. It only admitted to misdemeanors, not to felonies, and it did not fully confess the facts of the case during the investigation stage!
No active measures were taken subjectively, or even if they were taken, they failed to successfully obtain a letter of understanding, so it did not meet the statutory situation.

Comprehensive subjective and objective aspects, let alone a plea of ​​guilty and an acknowledgment of punishment, it is not even a confession! "

“This is the preliminary opinion given by the three judges of this collegial panel after deliberations!”

The presiding judge picked up the hammer and lightly tapped the wooden hammer in his hand.

thump.

"Now back to the formal argument of the case!"

"It is up to the plaintiff to continue stating the facts of the case and presenting evidence!"

just now.

All eyes.

Look at Luo Kai.

The first round of confrontation!
Luo Kai vs. Lawyer Long!
Rocky wins!

Luo Kai: "Now..."

 I've been having Yang for the past two days. I'm sorry. By the way, do you have any thinning after having Yang?Help the door (sorrow)
  
 
(End of this chapter)

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