The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 135 In this society, the blood is not cold yet!
Chapter 135 In this society, the blood is not cold yet!
But one thing is for sure.
There must be a lot of people watching the live broadcast now.
Although this is an unpopular website, but this incident of chasing and fleeing to death...
It was too much trouble.
On the Internet, there is already an uproar.
"Should be able to win the lawsuit..."
Looking at the live broadcast, she couldn't help but clenched her fists.
The verdict this time is about whether to take responsibility for being brave.
If it is not handled properly...
That would really break the hearts of countless people.
A case of being brave and punished for acting against justice is the first case, and there will be no more people who act bravely in the society in the future.
Do good deeds, but also consider the consequences.
Even a saint...
Probably have to think twice.
……
Jincheng Court.
Second Criminal Court.
Qin Mu's impassioned voice echoed in the courtroom.
"You fart!"
"Don't try to change the concept secretly, I... what I said is that you didn't pay attention to the method, so you drove my son to death!"
Plaintiffs.
Yuan Cuilian blushed, and couldn't help but refute again.
"I... my son is naturally timid, and he was chased by two of you vicious people. He only crossed the road when he was in a hurry!"
"The lawyers have said that this incident of yours constitutes a causal relationship!"
"If it weren't for you, the tragedy would never have happened!"
The more she talked, the angrier she became.
Under the effect of psychological identification, I feel more and more reasonable.
But Qin Mu withdrew his gaze and looked at her again.
He said coldly: "Then let's talk about the third point now, the causal relationship you mentioned does not constitute at all!"
The verdict of this case...
In criminal law, causation is indeed involved.
For the crime of negligent death, there must be an act that caused the death of another person, and the two need to form a causal relationship.
"In the statutory sense, causation is divided into civil law and criminal law!"
"In civil law, causation refers to the relationship between a certain person's violation of civil obligations and the consequences of damage. In this case, we chased the robber without violating any civil obligations."
In the extended interpretation of the judiciary.
In fact, it stipulates in detail the causal relationship between civil law and criminal law as a guide for sentencing and conviction.
For example, in the civil law, it is required that the cause of the damage is caused...
Must be negative, breach of civil duty.
Civil obligations include those stipulated in laws, contracts, moral conventions, and so on.
These provisions are rather dry.
If the behavior is positive and morally encouraged, it cannot simply be defined as a causal relationship.
That is to say...
From the perspective of civil law, this causal relationship is not supported in civil law.
"According to the civil law, our chasing behavior will theoretically not cause any negative or unethical consequences, and of course there is no causal relationship!"
Qin Mu took a deep breath.
Continued: "In criminal law, causation refers to the relationship between a person's socially harmful behavior and the harmful result."
"I would like to ask the plaintiff, Liang Chengbin and I were just running on the street. Has this behavior ever harmed other people?"
This is a rhetorical question.
Once again, Yuan Cuilian was speechless.
She never expected that the other party's eloquence was so good.
Only when she came to the third point, she refuted most of the content of her lawsuit.
The essential……
She still couldn't understand what she was saying.
"Fourth point, you said that we have no repentance, this point is even more nonsense!"
Qin Mu didn't pause.
Taking advantage of the momentum, he continued to refute: "After the incident, the driver Hua Li did not escape, and immediately called 110 and 120 for the police."
"After the incident, we actively communicated with the police and cooperated in determining responsibility."
"After all, the accident happened, and no one wants to see it."
"The confession in your mouth is just the confession you think. You want us to apologize to you and admit our mistakes."
"but……"
Qin Mu sneered: "We were right, so what about repentance?"
"I am not at fault, and neither is Liang Chengbin. The crime is happening before our eyes, and we cannot stand by and do nothing!"
"Bai Xuelan is not wrong. She is wearing a gold chain and walking on the street. Even if she shows off, it can't be a reason for others to commit crimes!"
"Huali was not wrong. After the accident, he did everything that should be done!"
"In this incident, the only one who was wrong...is your son!"
"If he really wants to repent, he is the one who confesses to us under the Nine Springs!"
Word by word.
Sonorous and powerful, floating in the sky above the court.
in the court.
Qin Mu showed his edge for the first time and ruthlessly refuted all Yuan Cuilian's views.
indeed.
In this case, no one is wrong.
The only thing wrong...
He is Yuan Cuilian's son.
In terms of causality...
If her son hadn't robbed, all subsequent things would not have happened.
"You...you...my son is dead, yet you still talk about him like that!"
When Yuan Cuilian heard this, she couldn't bear it anymore.
With a red face, she bared her teeth and claws, and rushed out of the plaintiff's seat.
He was about to scratch Qin Mu.
Seeing this, the bailiffs who were always paying attention to the situation at the scene immediately stepped forward and stopped Yuan Cuilian's actions.
"Above the court, fighting is prohibited!"
Zhou Quanmin stared at Yuan Cuilian with a cold face, and warned in a deep voice.
"But he scolded my son!"
Yuan Cuilian trembled with anger, and retorted loudly.
Zhou Quanmin frowned, and judged: "Just now is the presentation session, there is no insulting speech, it is a normal point of view!"
in criminal proceedings.
After the hearing, the plaintiff first stated the complaint and what happened.
Then the defendant refuted and expressed his different views.
After this session is over...
Their collegial panel will summarize the different views of the two parties.
Focus the attention of this case on these focal points.
Subsequent links of proof, cross-examination, and defense are all carried out around these focuses.
This is also the biggest difference between court proceedings and quarrels.
In addition to paying attention to evidence...
Court proceedings also need to focus on the core focus to refute the other party.
And the quarrel is wherever the quarrel is.
Sometimes it may be a thousand miles away from the topic.
"Defendant, please continue to speak."
After stopping Yuan Cuilian, Zhou Quanmin continued to look at Qin Mu.
Fair attitude.
Not mixed with the slightest emotional color.
as the presiding judge.
In court, he is the embodiment of judicial justice.
No emotional bias is allowed.
Qin Mu nodded and continued, "Now let's talk about the fifth point!"
"The police station has synchronized some information with us. Your son Xia Yuan had a history of theft, assault and detention before committing this crime."
"But you said in the lawsuit that Xia Yuan's nature is pure and kind, which is simply confusing right and wrong!"
This news.
It was Shen Dao who informed him after the investigation.
Because he was involved in the incident, he has the right to know the truth.
The Xia Yuan they were chasing...
He has been subjected to administrative detention and criminal detention many times before because of theft and fighting.
It's not that long, but in the archives...
But it clearly records multiple criminal records!
In accordance with the relevant provisions of the criminal law.
The crime of robbery is generally sentenced to three to ten years of fixed-term imprisonment or criminal detention, and those who have a criminal record are given a heavier punishment.
Xia Yuan's robbery this time...
There is a high probability that he will be sentenced to ten years in prison!
"The sixth point is about compensation."
At last.
Qin Mu took a deep breath, and expressed his point of view: "In this case, the four of us collectively believe that we have no fault at all, and we will never pay any compensation!"
In addition to asking them to bear criminal responsibility, Yuan Cuilian also asked them to pay 158 million in civil compensation.
original.
According to the determination of relevant departments, except for Bai Xuelan, each of them has to bear 5% of the civil liability.
Converted into compensation, it is about [-] per person.
This is also the reason why Yuan Cuilian became angry from embarrassment.
And now...
Qin Mu declared in court that they would not pay any money!
Each of the six viewpoints he raised was in direct opposition to Yuan Cuilian.
The collegial panel quickly summed up the focus of the case based on the statements of both parties.
Zhou Quanmin spoke in a deep voice, and concluded: "After the statements of both the plaintiff and the defendant, this court now summarizes the four focal points of this case."
"First, the plaintiff believes that Xia Yuan is not a robber, while the defendant believes that the plaintiff carried out the act of robbery and committed the crime of robbery."
"Secondly, the plaintiff believes that Xia Yuan's death has a causal relationship with the four defendants, but the defendant denies any causal relationship."
"Third, the plaintiff believes that the other party's behavior is extreme and inappropriate, and should bear criminal responsibility, while the defendant believes that he acted bravely and should not bear criminal responsibility."
"Fourth, the plaintiff believes that the defendant needs to bear civil liability and pay compensation, but the defendant believes that the incident should not bear civil liability."
The four focal points of the case were quickly sorted out.
"Both parties, do you have anything to add to the above four points?"
Subsequently.
Zhou Quanmin made a routine inquiry.
After confirming that there are no new contradictory opinions to add, Shen Sheng said: "Next, enter the link of proof and cross-examination."
The voice just fell.
plaintiffs table.
Yuan Cuilian's defense lawyer stood up and submitted a series of certificates and certificates.
These certificates are slightly yellowed.
It looks old at first glance.
"Your Honor, judges, these are the various awards and certificates that Xia Yuan obtained during his studies. Since elementary school, he has been excellent in character and learning..."
According to the defense lawyer's statement, Xia Yuan's robbery was very different from usual.
This case...
It cannot be dealt with simply as a crime of robbery.
and.
He also stated that apart from Bai Xuelan's testimony, there was no actual surveillance filming of Xia Yuan's robbery.
There are loopholes in the chain of evidence.
Therefore, Xia Yuan cannot be simply judged as a robber.
The direction of their defense is also very clear, to remove the identity of the robber.
in this way.
Subsequent lawsuits will be easy to fight.
in the dock.
After Bai Xuelan heard the other party's defense that confused black and white, she was so angry that she couldn't speak.
The place where she was robbed...
Indeed, there was no monitoring, and it was impossible to confirm that the other party had robbed her of the gold necklace.
At that time, no one else saw her being robbed except her.
There was no surveillance and no witnesses.
she didn't expect...
At the very beginning, the opponent seized this point and launched an attack.
"Don't rush."
Zhang Wei comforted her and immediately stood up.
Listed the evidence prepared in advance.
"Here are the relevant identification certificates on the robbed gold necklace after the incident, and the identification certificate of the strangle marks on our client Bai Xuelan's neck."
"From the identification certificate, we can know that the gold necklace has the fingerprints of our clients Bai Xuelan and Xia Yuan."
"At that time, the gold necklace was forcibly broken, and the strangle marks on the neck..."
Zhang Wei was methodical, stating the course of the case.
Strive to convict the other party of the crime of robbery.
In the absence of monitoring and witnesses, it is indeed difficult to convict.
But it doesn't mean there is no way.
Legally, presumption is allowed.
For example, why would a gold necklace be torn off by brute force?Why did it appear in Xia Yuan's hands?Why are there Xia Yuan's fingerprints on it, etc...
As long as the presumed evidence is sufficient, plus the testimony of the relevant victim...
Evidence can also be determined!
Many people think that the view that there is no way to convict without monitoring and witnesses is actually wrong.
As long as there is irrefutable physical evidence, even if you kill him and refuse to admit it...
The same can be convicted!
of course.
A complete chain of evidence generally includes witness testimony, material evidence, the perpetrator's statement, the victim's statement, and witness testimony.
And these two appraisal certificates are from Qin Mu after the incident...
Remind Bai Xuelan to do it.
Otherwise, he really has no good way to deal with the opponent's defense lawyer's move.
There is no hard evidence...
The identification of this incident alone will take a long time.
"With a reliable teammate, it's easy to file a lawsuit..."
After refuting the other party's evidence, Zhang Wei glanced at Qin Mu.
I took a long breath in my heart.
Do not know why.
He was inexplicably sad.
When a Criminal Defense Attorney...
It is too easy to meet those pig teammates.
After all, in front of criminals, there are really many defendants who are in chaos and seek their own death.
……
Jincheng.
An old neighborhood.
"Qing Lan, it's time to eat... I've been watching this kid for hours, what's so interesting about the trial..."
Qing Lan's mother looked at the closed bedroom door and shook her head helplessly.
Her daughter...
Rare to come back once.
This time, he was much more filial than before, and knew how to spend more time with grandpa.
It's just a little weird...
after come back.
She brought a large box of books, which were full of legal professional books such as "Criminal Law" and "Civil Code".
Startled them all.
Today, he stayed in the room and refused to come out, watching the live broadcast of a court trial the whole time.
in the bedroom.
"This lawyer... is amazing."
Qing Lan blinked her eyes when she heard a lot of legal vocabulary she hadn't heard before.
He stared at Zhang Wei intently.
The trial has entered the most intense stage, and both sides are constantly presenting evidence to refute the other side.
Attempt to obtain the approval of various judges.
On the side of Yuan Cuilian, the level of defense lawyers is indeed very strong.
I have been looking for various flaws and loopholes to guide the case in their direction.
And Qin Mu's side.
On the other hand, Zhang Wei is in charge of the lawsuit throughout the whole process, and continues to refute the opponent, which is also very exciting.
in fact.
The most exciting thing is the defense of causality.
Both sides launched a vigorous defense of the causal link between the chase and the death.
Cited classic criminal cases and related laws over the years.
Unfortunately……
She is not a relevant professional, just a layman.
I could understand a few words at first.
When the debate entered the advanced theoretical part, she couldn't keep up at all.
"People who study the law, their logical thinking...is too strong."
She couldn't help but let out a sigh of emotion.
Therefore.
Therefore, those who study the Fa should not offend easily.
For example, Qin Mu.
There are countless ways to punish you for this kind of person!
……
Jincheng Court.
Second Criminal Court.
Auditorium.
"It's so boring. I thought I could watch a good show this time, but I didn't expect to be talking again."
"I'll sleep first, and call me after the sentence is pronounced."
"I feel that this case is very simple. How did it become so complicated after going to court?"
"Who can tell me who has the advantage now?"
"..."
Zhang Qingyuan and the others looked at each other in blank dismay.
The boring laws consumed their patience.
Many people fell asleep in court again.
Fortunately, in court discipline...
It is only stipulated that no noise can be made.
There is no rule that you cannot sleep.
In the auditorium, everyone fell asleep in darkness.
The scene was magnificent.
Even the bailiffs on the side couldn't see it...
Multiple reminders.
But these old people are getting older, and their energy is not as good as before.
Encountering such a boring case of wrangling...
Couldn't stand the drowsiness at all.
After the bailiff reminded him many times to no avail, he could only turn a blind eye.
after all……
In terms of court discipline, it has never been stipulated that the observers cannot sleep.
however……
I didn't sleep long.
One after another, the sound of snoring rang out in the court.
"Whoosh-"
Most elderly people breathe heavily and snore very loudly.
Seeing this, the surrounding bailiffs turned pale with fright.
hurried forward.
Wake up these snoring old people.
Sleeping was not prohibited in court, but the snoring was too loud.
The trial process was once disturbed.
front of court.
All the judges, including Zhou Quanmin, looked at the gallery in unison.
Speechless.
"What's the matter? Has the sentence started?"
After Zhang Qingyuan, Li Weiguo and others were woken up, they rubbed their sleepy eyes.
It happened that Zhou Quanmin was paying attention to them.
Soon he realized that he had made a fool of himself, and his old face couldn't help but blush.
No longer dare to sleep.
Hold on to sleepiness.
With a serious expression, he stared straight ahead.
It looks like a student who dozed off in class and was discovered by the teacher.
The trial continues.
After six hours of fierce defense before and after.
The four focus issues were repeatedly debated by the plaintiff and the defendant.
finally.
Both sides have expounded their own views and evidence almost the same.
"Boom-"
Zhou Quanmin sounded the gavel, ending this most exciting and boring part.
"Next, the plaintiff and the defendant are invited to make final statements."
The voice fell.
In the plaintiff's seat, Yuan Cuilian stood up.
I bow deeply to Zhou Quanmin and others.
Trying to make a last ditch effort.
"Respected presiding judge and judge, we are the victims of this case. The most painful thing in the world is the pain of losing a child. A white-haired person sends a black-haired person."
"I only have such a son, and I just want to seek justice for my son so that he can rest in peace under the Nine Springs."
"In this incident, my son may have done something wrong, but the others are already dead. If there is any fault, can't it be written off?"
"This is a living life, and they killed him just like that. I implore the court to deal with it fairly and sentence the other party to bear criminal and civil responsibilities!"
Done.
She couldn't help sobbing again.
Sobbing softly in court.
A pair of cute and pitiful appearance.
Zhou Quanmin frowned, looked at Qin Mu, and said in a deep voice, "The defendant, please make a final statement."
in the dock.
Qin Mu took a deep breath and stood up without hesitation.
In place of the other three, make a joint statement.
This case is a joint action.
The presentation link does not need to come one by one.
It is also possible to elect a representative to claim rights for the other three.
"Respected presiding judge and judge, the four of us firmly believe that there is nothing wrong with our actions and we should not bear any responsibility."
"In the previous evidence-giving session, the other party's lawyer presented evidence of the punishment for the incident of helping the elderly 15 years ago, trying to prove the causal relationship he said."
"In that incident, the local court made a judgment and sentenced the party to pay more than [-] yuan in compensation."
Qin Mu briefly described the sensational case that year.
A certain college student met an old man who was hit by a car and sent him to the hospital.
The vehicle involved fled.
And this college student...
He was sued by the old man's family and brought to court.
Because of the sentence "you didn't hit it, why did you help it", it became popular all over the country.
A certain college student who did good deeds was finally sentenced to pay more than [-] yuan in compensation.
The judgment of the court at that time is still vivid in people's memory.
In the judgment of the court, there is also an original sentence: "If the defendant is brave enough to do good deeds, it is more practical to catch the person who knocked down the plaintiff, not just help him with good intentions."
Its judgment is also based on causality, and it is believed that the college student has mishandled it.
Speaking of it.
Qin Mu couldn't help laughing, and said loudly: "It is precisely because of this series of incidents that people in today's society will become more indifferent, more irrelevant, and hang on high!"
"I really can't figure out that the traditional virtue of respecting the old and loving the young is actually being fined in the middle of practicing it!"
"I believe everyone can feel how indifferent society has become over the years!"
"There are fewer and fewer people who stand up when they see injustice!"
"As far as this incident is concerned, the whole chase was three kilometers, and thousands of people were encountered on the road. If there were a few more enthusiastic people who stopped, the tragedy might not have happened!"
"But that's what it is!"
"No one stood up!"
"But I believe that in this society... the blood is not cold yet!"
talking.
Qin Mu couldn't help looking at Liang Chengbin beside him, and he didn't hesitate to praise him at all.
"Liang Chengbin, an ordinary migrant worker with an average family background, when a passer-by who has lived a long life is in danger, he can decisively help."
"Of course he doesn't have a high level of education, he certainly doesn't understand the laws and principles, maybe he didn't even understand the situation at that time..."
"But he has a passion and knows how to stand up and help others in times of crisis!"
"Moreover, there are definitely not a few people with a passion like him!"
"The presiding judge and the judges, please consider carefully and make a fair and straightforward decision. Those who act bravely should not have any worries!"
clang sound.
Long hours in court.
After Qin Mu finished talking.
The entire court fell into a brief silence.
In the auditorium.
The eyes of Zhang Qingyuan and others became brighter, and they couldn't help applauding.
"Okay! Xiao Qin said it well!"
"That's right, with so much talk in front of me, I am brave enough to do what is right, and I still have to worry about being sued. What kind of reason is this?!"
"I've lived for almost 80 years, and my ancestors never told us such nonsense!"
"If you are found guilty, we will appeal!"
"..."
Everyone was so excited that they couldn't help shouting loudly.
Qin Mu's words.
It speaks completely to their hearts.
As witnesses of the era, they know it all.
decades ago.
Where can such a thing happen.
The families of the robbers...
I would be extremely ashamed, regret having such a son, and would never have the face to sue others!
but now……
The atmosphere has completely changed.
Yuan Cuilian and the others were confident and confident, never thinking that they had done anything wrong.
He kept saying that he wanted justice.
But what they want is justice...
But it is the greatest injustice to others!
"Boom-"
above the court.
Zhou Quanmin took a deep look at Qin Mu, and said in a deep voice, "Temporary adjournment for an hour!"
After the adjournment was announced.
Immediately led the members of the collegial panel into the conference room of the collegiate panel.
……
In the conference room of the collegiate panel.
"Let's talk about your views, how do you plan to handle the case?"
Looking at the other four judges and two jurors, Zhou Quanmin spoke first, "I advocate the defendant, and I shall not bear any responsibility."
His personal attitude is very clear.
Qin Mu's words just now really touched him.
Today's social climate...
It has indeed changed.
Technology is advanced, but people's hearts seem to be retreating.
"I don't think it's too cruel for the plaintiff not to assume any responsibility?"
soon.
One of the judges frowned and said, "According to the relevant civil law, at least some civil compensation is required."
"Before the trial of the case, I also felt that civil compensation was needed. After all, the law reflects fairness, but I think there are more important things than fairness now. Why should you pay for a brave act?"
"That's right, this case has attracted the attention of the entire network. If it is sentenced to lose money again, the blow to the entire society will be unimaginable!"
"This matter is more serious, it is related to the hope and future of our entire nation!"
"Can you take a compromise? Criminal liability can be waived, but civil compensation is 10% compensation?"
"..."
The collegial panel composed of seven people started a heated discussion.
This process belongs to the pre-judgment process.
Will not be made public.
The principle of the minority obeying the majority will be adopted, and the final judgment will be negotiated and pronounced.
Everyone offered their point of view.
There are three people who think that the case should be tried in a compromise manner, taking into account the fairness and justice of both parties, and continue to pursue civil compensation, but the civil compensation can be reduced.
The four people, including Zhou Quanmin, believed that the case must be clear-cut.
Demonstrates the judicial encouragement of acts of righteousness and bravery.
The people should not lose their motivation to act bravely.
Sorry, it's a bit late today, there is another chapter later.
(End of this chapter)
But one thing is for sure.
There must be a lot of people watching the live broadcast now.
Although this is an unpopular website, but this incident of chasing and fleeing to death...
It was too much trouble.
On the Internet, there is already an uproar.
"Should be able to win the lawsuit..."
Looking at the live broadcast, she couldn't help but clenched her fists.
The verdict this time is about whether to take responsibility for being brave.
If it is not handled properly...
That would really break the hearts of countless people.
A case of being brave and punished for acting against justice is the first case, and there will be no more people who act bravely in the society in the future.
Do good deeds, but also consider the consequences.
Even a saint...
Probably have to think twice.
……
Jincheng Court.
Second Criminal Court.
Qin Mu's impassioned voice echoed in the courtroom.
"You fart!"
"Don't try to change the concept secretly, I... what I said is that you didn't pay attention to the method, so you drove my son to death!"
Plaintiffs.
Yuan Cuilian blushed, and couldn't help but refute again.
"I... my son is naturally timid, and he was chased by two of you vicious people. He only crossed the road when he was in a hurry!"
"The lawyers have said that this incident of yours constitutes a causal relationship!"
"If it weren't for you, the tragedy would never have happened!"
The more she talked, the angrier she became.
Under the effect of psychological identification, I feel more and more reasonable.
But Qin Mu withdrew his gaze and looked at her again.
He said coldly: "Then let's talk about the third point now, the causal relationship you mentioned does not constitute at all!"
The verdict of this case...
In criminal law, causation is indeed involved.
For the crime of negligent death, there must be an act that caused the death of another person, and the two need to form a causal relationship.
"In the statutory sense, causation is divided into civil law and criminal law!"
"In civil law, causation refers to the relationship between a certain person's violation of civil obligations and the consequences of damage. In this case, we chased the robber without violating any civil obligations."
In the extended interpretation of the judiciary.
In fact, it stipulates in detail the causal relationship between civil law and criminal law as a guide for sentencing and conviction.
For example, in the civil law, it is required that the cause of the damage is caused...
Must be negative, breach of civil duty.
Civil obligations include those stipulated in laws, contracts, moral conventions, and so on.
These provisions are rather dry.
If the behavior is positive and morally encouraged, it cannot simply be defined as a causal relationship.
That is to say...
From the perspective of civil law, this causal relationship is not supported in civil law.
"According to the civil law, our chasing behavior will theoretically not cause any negative or unethical consequences, and of course there is no causal relationship!"
Qin Mu took a deep breath.
Continued: "In criminal law, causation refers to the relationship between a person's socially harmful behavior and the harmful result."
"I would like to ask the plaintiff, Liang Chengbin and I were just running on the street. Has this behavior ever harmed other people?"
This is a rhetorical question.
Once again, Yuan Cuilian was speechless.
She never expected that the other party's eloquence was so good.
Only when she came to the third point, she refuted most of the content of her lawsuit.
The essential……
She still couldn't understand what she was saying.
"Fourth point, you said that we have no repentance, this point is even more nonsense!"
Qin Mu didn't pause.
Taking advantage of the momentum, he continued to refute: "After the incident, the driver Hua Li did not escape, and immediately called 110 and 120 for the police."
"After the incident, we actively communicated with the police and cooperated in determining responsibility."
"After all, the accident happened, and no one wants to see it."
"The confession in your mouth is just the confession you think. You want us to apologize to you and admit our mistakes."
"but……"
Qin Mu sneered: "We were right, so what about repentance?"
"I am not at fault, and neither is Liang Chengbin. The crime is happening before our eyes, and we cannot stand by and do nothing!"
"Bai Xuelan is not wrong. She is wearing a gold chain and walking on the street. Even if she shows off, it can't be a reason for others to commit crimes!"
"Huali was not wrong. After the accident, he did everything that should be done!"
"In this incident, the only one who was wrong...is your son!"
"If he really wants to repent, he is the one who confesses to us under the Nine Springs!"
Word by word.
Sonorous and powerful, floating in the sky above the court.
in the court.
Qin Mu showed his edge for the first time and ruthlessly refuted all Yuan Cuilian's views.
indeed.
In this case, no one is wrong.
The only thing wrong...
He is Yuan Cuilian's son.
In terms of causality...
If her son hadn't robbed, all subsequent things would not have happened.
"You...you...my son is dead, yet you still talk about him like that!"
When Yuan Cuilian heard this, she couldn't bear it anymore.
With a red face, she bared her teeth and claws, and rushed out of the plaintiff's seat.
He was about to scratch Qin Mu.
Seeing this, the bailiffs who were always paying attention to the situation at the scene immediately stepped forward and stopped Yuan Cuilian's actions.
"Above the court, fighting is prohibited!"
Zhou Quanmin stared at Yuan Cuilian with a cold face, and warned in a deep voice.
"But he scolded my son!"
Yuan Cuilian trembled with anger, and retorted loudly.
Zhou Quanmin frowned, and judged: "Just now is the presentation session, there is no insulting speech, it is a normal point of view!"
in criminal proceedings.
After the hearing, the plaintiff first stated the complaint and what happened.
Then the defendant refuted and expressed his different views.
After this session is over...
Their collegial panel will summarize the different views of the two parties.
Focus the attention of this case on these focal points.
Subsequent links of proof, cross-examination, and defense are all carried out around these focuses.
This is also the biggest difference between court proceedings and quarrels.
In addition to paying attention to evidence...
Court proceedings also need to focus on the core focus to refute the other party.
And the quarrel is wherever the quarrel is.
Sometimes it may be a thousand miles away from the topic.
"Defendant, please continue to speak."
After stopping Yuan Cuilian, Zhou Quanmin continued to look at Qin Mu.
Fair attitude.
Not mixed with the slightest emotional color.
as the presiding judge.
In court, he is the embodiment of judicial justice.
No emotional bias is allowed.
Qin Mu nodded and continued, "Now let's talk about the fifth point!"
"The police station has synchronized some information with us. Your son Xia Yuan had a history of theft, assault and detention before committing this crime."
"But you said in the lawsuit that Xia Yuan's nature is pure and kind, which is simply confusing right and wrong!"
This news.
It was Shen Dao who informed him after the investigation.
Because he was involved in the incident, he has the right to know the truth.
The Xia Yuan they were chasing...
He has been subjected to administrative detention and criminal detention many times before because of theft and fighting.
It's not that long, but in the archives...
But it clearly records multiple criminal records!
In accordance with the relevant provisions of the criminal law.
The crime of robbery is generally sentenced to three to ten years of fixed-term imprisonment or criminal detention, and those who have a criminal record are given a heavier punishment.
Xia Yuan's robbery this time...
There is a high probability that he will be sentenced to ten years in prison!
"The sixth point is about compensation."
At last.
Qin Mu took a deep breath, and expressed his point of view: "In this case, the four of us collectively believe that we have no fault at all, and we will never pay any compensation!"
In addition to asking them to bear criminal responsibility, Yuan Cuilian also asked them to pay 158 million in civil compensation.
original.
According to the determination of relevant departments, except for Bai Xuelan, each of them has to bear 5% of the civil liability.
Converted into compensation, it is about [-] per person.
This is also the reason why Yuan Cuilian became angry from embarrassment.
And now...
Qin Mu declared in court that they would not pay any money!
Each of the six viewpoints he raised was in direct opposition to Yuan Cuilian.
The collegial panel quickly summed up the focus of the case based on the statements of both parties.
Zhou Quanmin spoke in a deep voice, and concluded: "After the statements of both the plaintiff and the defendant, this court now summarizes the four focal points of this case."
"First, the plaintiff believes that Xia Yuan is not a robber, while the defendant believes that the plaintiff carried out the act of robbery and committed the crime of robbery."
"Secondly, the plaintiff believes that Xia Yuan's death has a causal relationship with the four defendants, but the defendant denies any causal relationship."
"Third, the plaintiff believes that the other party's behavior is extreme and inappropriate, and should bear criminal responsibility, while the defendant believes that he acted bravely and should not bear criminal responsibility."
"Fourth, the plaintiff believes that the defendant needs to bear civil liability and pay compensation, but the defendant believes that the incident should not bear civil liability."
The four focal points of the case were quickly sorted out.
"Both parties, do you have anything to add to the above four points?"
Subsequently.
Zhou Quanmin made a routine inquiry.
After confirming that there are no new contradictory opinions to add, Shen Sheng said: "Next, enter the link of proof and cross-examination."
The voice just fell.
plaintiffs table.
Yuan Cuilian's defense lawyer stood up and submitted a series of certificates and certificates.
These certificates are slightly yellowed.
It looks old at first glance.
"Your Honor, judges, these are the various awards and certificates that Xia Yuan obtained during his studies. Since elementary school, he has been excellent in character and learning..."
According to the defense lawyer's statement, Xia Yuan's robbery was very different from usual.
This case...
It cannot be dealt with simply as a crime of robbery.
and.
He also stated that apart from Bai Xuelan's testimony, there was no actual surveillance filming of Xia Yuan's robbery.
There are loopholes in the chain of evidence.
Therefore, Xia Yuan cannot be simply judged as a robber.
The direction of their defense is also very clear, to remove the identity of the robber.
in this way.
Subsequent lawsuits will be easy to fight.
in the dock.
After Bai Xuelan heard the other party's defense that confused black and white, she was so angry that she couldn't speak.
The place where she was robbed...
Indeed, there was no monitoring, and it was impossible to confirm that the other party had robbed her of the gold necklace.
At that time, no one else saw her being robbed except her.
There was no surveillance and no witnesses.
she didn't expect...
At the very beginning, the opponent seized this point and launched an attack.
"Don't rush."
Zhang Wei comforted her and immediately stood up.
Listed the evidence prepared in advance.
"Here are the relevant identification certificates on the robbed gold necklace after the incident, and the identification certificate of the strangle marks on our client Bai Xuelan's neck."
"From the identification certificate, we can know that the gold necklace has the fingerprints of our clients Bai Xuelan and Xia Yuan."
"At that time, the gold necklace was forcibly broken, and the strangle marks on the neck..."
Zhang Wei was methodical, stating the course of the case.
Strive to convict the other party of the crime of robbery.
In the absence of monitoring and witnesses, it is indeed difficult to convict.
But it doesn't mean there is no way.
Legally, presumption is allowed.
For example, why would a gold necklace be torn off by brute force?Why did it appear in Xia Yuan's hands?Why are there Xia Yuan's fingerprints on it, etc...
As long as the presumed evidence is sufficient, plus the testimony of the relevant victim...
Evidence can also be determined!
Many people think that the view that there is no way to convict without monitoring and witnesses is actually wrong.
As long as there is irrefutable physical evidence, even if you kill him and refuse to admit it...
The same can be convicted!
of course.
A complete chain of evidence generally includes witness testimony, material evidence, the perpetrator's statement, the victim's statement, and witness testimony.
And these two appraisal certificates are from Qin Mu after the incident...
Remind Bai Xuelan to do it.
Otherwise, he really has no good way to deal with the opponent's defense lawyer's move.
There is no hard evidence...
The identification of this incident alone will take a long time.
"With a reliable teammate, it's easy to file a lawsuit..."
After refuting the other party's evidence, Zhang Wei glanced at Qin Mu.
I took a long breath in my heart.
Do not know why.
He was inexplicably sad.
When a Criminal Defense Attorney...
It is too easy to meet those pig teammates.
After all, in front of criminals, there are really many defendants who are in chaos and seek their own death.
……
Jincheng.
An old neighborhood.
"Qing Lan, it's time to eat... I've been watching this kid for hours, what's so interesting about the trial..."
Qing Lan's mother looked at the closed bedroom door and shook her head helplessly.
Her daughter...
Rare to come back once.
This time, he was much more filial than before, and knew how to spend more time with grandpa.
It's just a little weird...
after come back.
She brought a large box of books, which were full of legal professional books such as "Criminal Law" and "Civil Code".
Startled them all.
Today, he stayed in the room and refused to come out, watching the live broadcast of a court trial the whole time.
in the bedroom.
"This lawyer... is amazing."
Qing Lan blinked her eyes when she heard a lot of legal vocabulary she hadn't heard before.
He stared at Zhang Wei intently.
The trial has entered the most intense stage, and both sides are constantly presenting evidence to refute the other side.
Attempt to obtain the approval of various judges.
On the side of Yuan Cuilian, the level of defense lawyers is indeed very strong.
I have been looking for various flaws and loopholes to guide the case in their direction.
And Qin Mu's side.
On the other hand, Zhang Wei is in charge of the lawsuit throughout the whole process, and continues to refute the opponent, which is also very exciting.
in fact.
The most exciting thing is the defense of causality.
Both sides launched a vigorous defense of the causal link between the chase and the death.
Cited classic criminal cases and related laws over the years.
Unfortunately……
She is not a relevant professional, just a layman.
I could understand a few words at first.
When the debate entered the advanced theoretical part, she couldn't keep up at all.
"People who study the law, their logical thinking...is too strong."
She couldn't help but let out a sigh of emotion.
Therefore.
Therefore, those who study the Fa should not offend easily.
For example, Qin Mu.
There are countless ways to punish you for this kind of person!
……
Jincheng Court.
Second Criminal Court.
Auditorium.
"It's so boring. I thought I could watch a good show this time, but I didn't expect to be talking again."
"I'll sleep first, and call me after the sentence is pronounced."
"I feel that this case is very simple. How did it become so complicated after going to court?"
"Who can tell me who has the advantage now?"
"..."
Zhang Qingyuan and the others looked at each other in blank dismay.
The boring laws consumed their patience.
Many people fell asleep in court again.
Fortunately, in court discipline...
It is only stipulated that no noise can be made.
There is no rule that you cannot sleep.
In the auditorium, everyone fell asleep in darkness.
The scene was magnificent.
Even the bailiffs on the side couldn't see it...
Multiple reminders.
But these old people are getting older, and their energy is not as good as before.
Encountering such a boring case of wrangling...
Couldn't stand the drowsiness at all.
After the bailiff reminded him many times to no avail, he could only turn a blind eye.
after all……
In terms of court discipline, it has never been stipulated that the observers cannot sleep.
however……
I didn't sleep long.
One after another, the sound of snoring rang out in the court.
"Whoosh-"
Most elderly people breathe heavily and snore very loudly.
Seeing this, the surrounding bailiffs turned pale with fright.
hurried forward.
Wake up these snoring old people.
Sleeping was not prohibited in court, but the snoring was too loud.
The trial process was once disturbed.
front of court.
All the judges, including Zhou Quanmin, looked at the gallery in unison.
Speechless.
"What's the matter? Has the sentence started?"
After Zhang Qingyuan, Li Weiguo and others were woken up, they rubbed their sleepy eyes.
It happened that Zhou Quanmin was paying attention to them.
Soon he realized that he had made a fool of himself, and his old face couldn't help but blush.
No longer dare to sleep.
Hold on to sleepiness.
With a serious expression, he stared straight ahead.
It looks like a student who dozed off in class and was discovered by the teacher.
The trial continues.
After six hours of fierce defense before and after.
The four focus issues were repeatedly debated by the plaintiff and the defendant.
finally.
Both sides have expounded their own views and evidence almost the same.
"Boom-"
Zhou Quanmin sounded the gavel, ending this most exciting and boring part.
"Next, the plaintiff and the defendant are invited to make final statements."
The voice fell.
In the plaintiff's seat, Yuan Cuilian stood up.
I bow deeply to Zhou Quanmin and others.
Trying to make a last ditch effort.
"Respected presiding judge and judge, we are the victims of this case. The most painful thing in the world is the pain of losing a child. A white-haired person sends a black-haired person."
"I only have such a son, and I just want to seek justice for my son so that he can rest in peace under the Nine Springs."
"In this incident, my son may have done something wrong, but the others are already dead. If there is any fault, can't it be written off?"
"This is a living life, and they killed him just like that. I implore the court to deal with it fairly and sentence the other party to bear criminal and civil responsibilities!"
Done.
She couldn't help sobbing again.
Sobbing softly in court.
A pair of cute and pitiful appearance.
Zhou Quanmin frowned, looked at Qin Mu, and said in a deep voice, "The defendant, please make a final statement."
in the dock.
Qin Mu took a deep breath and stood up without hesitation.
In place of the other three, make a joint statement.
This case is a joint action.
The presentation link does not need to come one by one.
It is also possible to elect a representative to claim rights for the other three.
"Respected presiding judge and judge, the four of us firmly believe that there is nothing wrong with our actions and we should not bear any responsibility."
"In the previous evidence-giving session, the other party's lawyer presented evidence of the punishment for the incident of helping the elderly 15 years ago, trying to prove the causal relationship he said."
"In that incident, the local court made a judgment and sentenced the party to pay more than [-] yuan in compensation."
Qin Mu briefly described the sensational case that year.
A certain college student met an old man who was hit by a car and sent him to the hospital.
The vehicle involved fled.
And this college student...
He was sued by the old man's family and brought to court.
Because of the sentence "you didn't hit it, why did you help it", it became popular all over the country.
A certain college student who did good deeds was finally sentenced to pay more than [-] yuan in compensation.
The judgment of the court at that time is still vivid in people's memory.
In the judgment of the court, there is also an original sentence: "If the defendant is brave enough to do good deeds, it is more practical to catch the person who knocked down the plaintiff, not just help him with good intentions."
Its judgment is also based on causality, and it is believed that the college student has mishandled it.
Speaking of it.
Qin Mu couldn't help laughing, and said loudly: "It is precisely because of this series of incidents that people in today's society will become more indifferent, more irrelevant, and hang on high!"
"I really can't figure out that the traditional virtue of respecting the old and loving the young is actually being fined in the middle of practicing it!"
"I believe everyone can feel how indifferent society has become over the years!"
"There are fewer and fewer people who stand up when they see injustice!"
"As far as this incident is concerned, the whole chase was three kilometers, and thousands of people were encountered on the road. If there were a few more enthusiastic people who stopped, the tragedy might not have happened!"
"But that's what it is!"
"No one stood up!"
"But I believe that in this society... the blood is not cold yet!"
talking.
Qin Mu couldn't help looking at Liang Chengbin beside him, and he didn't hesitate to praise him at all.
"Liang Chengbin, an ordinary migrant worker with an average family background, when a passer-by who has lived a long life is in danger, he can decisively help."
"Of course he doesn't have a high level of education, he certainly doesn't understand the laws and principles, maybe he didn't even understand the situation at that time..."
"But he has a passion and knows how to stand up and help others in times of crisis!"
"Moreover, there are definitely not a few people with a passion like him!"
"The presiding judge and the judges, please consider carefully and make a fair and straightforward decision. Those who act bravely should not have any worries!"
clang sound.
Long hours in court.
After Qin Mu finished talking.
The entire court fell into a brief silence.
In the auditorium.
The eyes of Zhang Qingyuan and others became brighter, and they couldn't help applauding.
"Okay! Xiao Qin said it well!"
"That's right, with so much talk in front of me, I am brave enough to do what is right, and I still have to worry about being sued. What kind of reason is this?!"
"I've lived for almost 80 years, and my ancestors never told us such nonsense!"
"If you are found guilty, we will appeal!"
"..."
Everyone was so excited that they couldn't help shouting loudly.
Qin Mu's words.
It speaks completely to their hearts.
As witnesses of the era, they know it all.
decades ago.
Where can such a thing happen.
The families of the robbers...
I would be extremely ashamed, regret having such a son, and would never have the face to sue others!
but now……
The atmosphere has completely changed.
Yuan Cuilian and the others were confident and confident, never thinking that they had done anything wrong.
He kept saying that he wanted justice.
But what they want is justice...
But it is the greatest injustice to others!
"Boom-"
above the court.
Zhou Quanmin took a deep look at Qin Mu, and said in a deep voice, "Temporary adjournment for an hour!"
After the adjournment was announced.
Immediately led the members of the collegial panel into the conference room of the collegiate panel.
……
In the conference room of the collegiate panel.
"Let's talk about your views, how do you plan to handle the case?"
Looking at the other four judges and two jurors, Zhou Quanmin spoke first, "I advocate the defendant, and I shall not bear any responsibility."
His personal attitude is very clear.
Qin Mu's words just now really touched him.
Today's social climate...
It has indeed changed.
Technology is advanced, but people's hearts seem to be retreating.
"I don't think it's too cruel for the plaintiff not to assume any responsibility?"
soon.
One of the judges frowned and said, "According to the relevant civil law, at least some civil compensation is required."
"Before the trial of the case, I also felt that civil compensation was needed. After all, the law reflects fairness, but I think there are more important things than fairness now. Why should you pay for a brave act?"
"That's right, this case has attracted the attention of the entire network. If it is sentenced to lose money again, the blow to the entire society will be unimaginable!"
"This matter is more serious, it is related to the hope and future of our entire nation!"
"Can you take a compromise? Criminal liability can be waived, but civil compensation is 10% compensation?"
"..."
The collegial panel composed of seven people started a heated discussion.
This process belongs to the pre-judgment process.
Will not be made public.
The principle of the minority obeying the majority will be adopted, and the final judgment will be negotiated and pronounced.
Everyone offered their point of view.
There are three people who think that the case should be tried in a compromise manner, taking into account the fairness and justice of both parties, and continue to pursue civil compensation, but the civil compensation can be reduced.
The four people, including Zhou Quanmin, believed that the case must be clear-cut.
Demonstrates the judicial encouragement of acts of righteousness and bravery.
The people should not lose their motivation to act bravely.
Sorry, it's a bit late today, there is another chapter later.
(End of this chapter)
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