If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 28 The Judge’s Argument

"Is not it?"

Fang Cheng seemed a little surprised at Zhang Lixia's question:

"Although I sympathize with the defendant, this case does not fall into any kind of marital rape. I think the prosecutor has made it very clear!"

Zhang Lixia nodded silently and looked at Wang Ming: "Old Wang, what do you think?"

"I think"

Wang Ming hesitated for a moment: "What Lao Fang said is a bit absolute."

"Ok?"

Fang Cheng was completely surprised: "Why is it so absolute? They had just gotten married. They had been separated for two years and had not filed a divorce lawsuit. Although Zhang Wenhai's behavior on the day of the incident was very excessive, this was the first time that it had happened. Isn’t it clear that violence has not been used for a long time?”

"But what the defense lawyer said actually makes some sense. When we look at cases in the past, we have certain standards, but these standards are only to help us have a relatively reasonable range of judgments and avoid the occurrence of excessive prosecution and wrongful convictions."

Wang Ming shook his head: "Although this case does not meet any of the circumstances that have been used to identify marital rape, but aside from those standards, does it really not constitute rape?"

Fang Cheng frowned: "Old Wang, what you said is wrong. When we adjudicate cases, we don't talk about laws or standards, so what are we talking about?"

"Talk about human nature?"

Fang Cheng's tone was a little displeased: "Why were you taken away by that lawyer so easily?"

"As judges, we must have our own judgment and cannot be influenced by others so easily."

These words were already a bit explosive, and Zhang Lixia could clearly see that Wang Ming's expression had changed.

We are all judges. You have your thoughts and I have mine.

Why do these words sound like you are teaching me how to do things?
Before he could speak to ease the atmosphere, Wang Ming had already spoken:

"You are right. As a judge, you have to make your own judgment. But when I put forward this idea, I was not influenced by the defense lawyer. It was a conclusion based on my profession, my experience, and my legal logic."

As he spoke, Wang Ming's tone became increasingly serious.

"Lao Wang, actually Lao Fang"

Just when Zhang Lixia was about to speak, Wang Ming continued:
"Lao Fang, you said that when we judge cases, we must look at the law and the standards. That's right, but what about when the standards obviously don't apply to the circumstances of the case? Do we still have to apply them mechanically?"

"Don't you think your thinking is too rigid?"

"If we all think like you, then can an intelligent robot be able to judge cases? The robot will not be tired and can write a hundred judgments a day!"

Wang Ming was a little excited as he spoke, and Fang Cheng's face turned ugly.

"Lao Wang Lao Fang."

Zhang Lixia quickly took over: "Actually, what you both said makes sense. It is precisely because this case is more complicated that there will be a second trial, so we have to discuss it, right?"

"It's normal for opinions to conflict, but we still have to discuss it calmly and without emotions. It's not good for your health and affects your judgment, don't you think?"

Fang Cheng nodded.

Wang Ming also calmed down, and the atmosphere suddenly relaxed.

"What do you think, Lao Zhang?"

The three of them were silent for a while, and then Fang Cheng asked Zhang Lixia.

Although there is a three-person collegial panel, Zhang Lixia, as the presiding judge, his opinion is relatively more important.

"I think we can actually think along the lines of Lao Wang."

Zhang Lixia pondered for a few seconds: "Although Lao Wang's point of view conflicts with our previous standards for judging cases, it is precisely because of the conflict that it is necessary to discuss it. Otherwise, we can just maintain the original judgment. Why are we still hesitating here?" ,right?"

Both of them nodded, and Fang Cheng also began to think carefully about Wang Ming's words.

"As Lao Wang said, when the standards may not be fully applicable to the case, you can indeed consider setting aside the standards and starting from the law and the case itself."

Fang Cheng was stunned for a moment, then immediately reacted: "You mean, from the crime of rape itself?"

Wang Ming and Zhang Lixia nodded at the same time.

"What I mean is that if we don't treat marital rape as a special situation and just think about the crime itself, this case will actually be clearer."

Wang Ming made up for what he had not said just now.Zhang Lixia nodded in approval: "The reason why there are special standards for marital rape is because when it occurs in practice, it is often in a more complicated situation. In order to avoid unjust, false and wrong cases, we have worked out a set of standards in practice. .”

"But this case is different. It is different from other forced sexual behaviors in marriage. It is more in line with our normal understanding of the crime of rape. Objectively, it involves violent means, subjectively it is intentional, and the woman obviously does not consent. "

"And it happened after Wen Xuan learned the facts that would drive people crazy. Generally speaking, the issue of sexual consent that is relatively vague in marital rape is very clear here."

As Zhang Lixia spoke, Wang Ming nodded crazily.

Heroes see the same thing!
Then Wang Ming glanced at Fang Cheng, who was still thinking, and curled his lips.

This guy is just too tough!

"But, if the sentence is as you say, Wen Xuan doesn't have to run away in self-defense, does she really not bear criminal responsibility?"

Fang Cheng thought for a long time, but still couldn't convince himself.

"Since it constitutes rape, it is certainly self-defense."

With support for his views, Wang Ming's tone became much calmer.

Quite a strategizing momentum.

We rely on our brains to make a living. What I said is right, so why don’t I push it a little bit?
"But there is a premise of husband and wife relationship. If it is determined to be rape, it will be very controversial."

Fang Cheng didn't hear the change in Wang Ming's tone at all, and his inherent concepts were shocked, making his mind a little confused:
"Plus, it was the wife who killed her husband. This is definitely a hot topic. Isn't it likely that the social impact will be bad?"

When it comes to social impact, everyone thinks of what Huang Jing said during the trial.

Such a case will definitely have a certain impact on people's family ethics.

It's a bit too big to say it has an impact on social order.

But this consequence is indeed somewhat predictable.

"But Lao Fang, you just said that our judgment cannot be affected by other factors."

Wang Ming suddenly said something.

"Can that be the same?"

Fang Cheng's nose turned crooked in anger: "I was considering the consequences of the verdict, so why..."

After talking about it, Fang Cheng's voice gradually became quieter.

Yes, although for different reasons.

But isn’t it still affected?

It was speechless again.

There were probably more silences in today's collegial meeting than in the previous month combined.

"When we judge a case, it will have direct consequences for the parties and an impact on society. It is impossible not to be affected by any factors."

"As long as our thinking is legal, reasonable and reasonable, there will be no problem."

Zhang Lixia made a decision in her mind: "My point of view is that although we have a set of standards regarding marital rape, the standards are not set in stone."

"Secondly, as the judges responsible for the second instance, we must think more carefully and deeply about the case and make reasonable judgments in accordance with the law."

"If there are mistakes in the lower courts, we will correct them. But if we, the ones who correct the mistakes, still stick to the old ways and dare not make changes, then what is the point of the second trial?"

Wang Ming and Fang Cheng both nodded silently.

"Lao Fang, if you still don't agree with our point of view, you can write down your opinion and file it with the review committee."

Zhang Lixia had already made a decision, and Fang Cheng shook his head:

"Lao Zhang and Lao Wang, you are right, my thinking may indeed be a bit rigid."

"I thought about it for a moment. If this girl is really given a suspended death sentence, I'm afraid I won't be able to live with it in my conscience."

"I agree with you!"

(End of this chapter)