The beginning was serious, and the opposite side was scared by me and called the police!

Qin Mu and Zhang Wei, and three gold medal lawyers from Yangcheng...

They also walked into the eighth moot court.

The two sides took their seats and stood at their respective positions.

Qin Mu and Zhang Wei looked at each other and stood at the defendant's defense seat.

The other party stood in the public prosecutor's seat.

It didn't take long.

The two men playing the accused...

He was "escorted" by the judicial police to the court, and stood in the defendant's seat marked with Zhang San and Li Si.

"Boom-"

Followed by.

People walked into the court one after another and sat on the seats of the presiding judge and judges.

They are all members of the Bar Association, proficient in law, and will act as the collegial panel of this moot court.

"Qin Mu, I thought about it just now, basically I can't win this case, so I can only find a way to get a suspended sentence."

Zhang Wei took a deep breath, and suddenly raised his head to look at Qin Mu.

The chain of evidence in the entire case is sufficient, even witnesses.

They are at a natural disadvantage.

A plea of ​​innocence is basically impossible.

The defense can only be turned to probation defense.

And the elimination system in the first round...

In fact, it is not judged according to the outcome of the mock trial, but based on the comprehensive ranking given by the collegial panel.

After all court hearings are over.

The top 32 regions in terms of performance have successfully advanced to the second round, and will continue to draw lots to compete.

Those who rank the bottom 32 in terms of performance points will be eliminated directly.

Although they have drawn cases with natural disadvantages, they are not guaranteed to be eliminated in the first round.

As long as you can get probation.

"The crime of causing death by negligence refers to the death of others that the perpetrator did not foresee or had foreseen due to negligence and believed that he could avoid it."

Zhang Wei paused for a moment, and then said: "In terms of composition, three points need to be met, the perpetrator has the act of causing death, the perpetrator's behavior has caused the death of others, and the result is due to negligence."

"And the behavior of Zhang San and Li Si fully complies with the above three points."

Zhang San and Li Si performed the act of setting off firecrackers.

Setting off firecrackers resulted in the death of Wang Er who was swimming in the pond.

The two did not know that Wang Er was in the pond in advance, nor did they know that Wang Er had congenital heart disease, which was negligence.

All three points are met.

Basically, it's a case that can't be saved by immortals.

And according to the criminal law.

Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years.

According to the investigation, Zhang San and Li Si did not know Wang Ersu.

No grudges in the past, no grudges in the recent past.

Basically there is no possibility of deliberate homicide.

therefore.

Belongs to minor circumstances.

"In my opinion, the other party's lawyer will definitely propose a sentencing recommendation of about one year and six months. What we have to do is try to turn it into a suspended sentence."

Zhang Wei stared at Qin Mu and confessed his thoughts.

The other party is a professional lawyer in criminal matters.

Certainly not prosecuted for more than three years in prison.

And the three-year maximum sentence is not appropriate, after all, Zhang San and Li Si did not have any excessive harmful behavior.

Can't cap yet.

"Probation?"

Qin Mu pondered for a while, and glanced at the three lawyers on the other side.

It was found that the other three lawyers were also discussing countermeasures, and it seemed that they had already formulated a litigation strategy.

"I just summed up that there are three conditions in this case that can be used for probation."

Zhang Wei nodded, and then said: "First, Zhang San and Li Si's negligence is not serious. They just set two firecrackers in the pond, which is not harmful and belongs to the society. daily behavior."

"Second, the pond is a wild pond. The two set off firecrackers in the pond not for the purpose of bombing fish or stealing or other things. It is just for entertainment and is not illegal."

"Thirdly, the purpose of Zhang San and Li Si's negligent behavior was only for their own entertainment. They didn't know that there was Wang Er in the pond, let alone that he had congenital heart disease. The purpose of their negligent behavior was pure and legitimate."

"Think about it again and see if there are any other probation cases?"

Zhang Wei looked at Qin Mu and asked expectantly.

Qin Mu was also slightly surprised after hearing this.

Zhang Wei's ability is really strong, and he came up with these three favorable probation situations in a short time.

indeed.

These three situations can all prove that Zhang San and Li Si's circumstances are minor.

With it at its core...

There is every chance of getting probation.

in fact.

In addition to these three points, there are other circumstances of probation, such as the perpetrator's subjective guilt.

Zhang San and Li Si subjectively do not want to hurt others.

Although Wang Er's death has a causal relationship with the two, it can be attributed to an accident.

It should be considered that the circumstances are obviously minor, and the prosecution may not be prosecuted or the sentence may be suspended.

but……

"Actually, I found another direction of defense."

Qin Mu smiled slightly, but did not help to perfect the strategy of probation defense.

"Another direction of defense?"

Zhang Wei froze for a moment, then frowned.

The defense in this case is limited.

Either probation.

Either a reduced sentence.

never possible...

Qin Mu wants to plead not guilty, right?
"Boom-"

at this time.

The presiding judge of the moot court rang the courtroom and glanced at the public prosecutor's seat, the defendant's lawyer's seat, and the many lawyers watching the battle in the auditorium.

Shen Sheng said: "Since everyone at the scene is a professional, then we will skip the previous part of reading the court discipline and directly start the trial of this case."

"Let the public prosecutor speak first and present the indictment."

The voice just fell.

The three lawyers on the prosecution bench looked at each other, and two of them, the gold medal lawyers in the criminal field, nodded.

Stand up: "Our side accuses Zhang San and Li Si that when they passed a certain pond on xx, they became entertained and each set off two firecrackers, which accidentally stimulated Li Si who was swimming in the pond. He died of a heart attack."

"His behavior constituted the crime of negligent death. We sued the collegial panel and sentenced Zhang San to one year and six months in prison, and Li Si to one year and six months in prison."

After briefly stating the facts of the case.

The two lawyers analyzed the case from various aspects and put forward the sentence they thought was the most reasonable.

Not too heavy, not too low.

Done.

Then he looked at Qin Mu and Qin Mu who were sitting on the defendant's lawyer's bench, with a look of waiting and watching.

This time they had a lucky draw.

Great start.

Natural victory.

As long as they don't operate indiscriminately, they won't believe that this case can be lost!

"Boom-"

The presiding judge of the moot court nodded, then turned to look at Qin Mu and the two of them.

Asked in a deep voice: "The defendant's lawyer should defend the defense on behalf of the defendant."

This mock trial is different from the formal trial.

During the official trial...

Usually the defendant needs to make a statement first, but the two defendants in their case are just tool people.

Everything depends on the lawyer's thinking.

"This one……"

Zhang Wei frowned, just about to step forward to answer.

But Qin Mu took the first step and said: "We believe that the other party's public prosecutor's accusation is reasonable and legal, but according to the law, my release of the parties Zhang San and Li Si...does not constitute any crime. !"

The voice did not fall.

The whole moot court was shocked.

Zhang Wei's eyes widened, and he stared at Qin Mu in disbelief.

The sudden court session just now interrupted the conversation between the two of them.

Qin Mu hadn't finished speaking yet.

did not expect……

It's really the direction of innocence defense!
Apart from him, the most shocked were the other three lawyers, as well as the other gold medal lawyers who came to watch from the auditorium.

"Defense of innocence? Do you dare to defend innocence in this case? All the elements of the crime are met. Can this be used as a defense of innocence?"

"I guessed right. A trainee lawyer is a trainee lawyer. He is young and energetic, and he doesn't know how to live or die. If he dares to make this defense, he will cry later!"

"He really thinks the opposing lawyers are those cat and dog lawyers he met before? Do you understand the gold content of a gold medal lawyer?"

"Isn't the truth revealed now? No wonder I didn't see him put forward any exchange opinions during the exchange meeting yesterday."

"..."

Everyone in the auditorium shook their heads.

He scoffed at Qin Mu's sudden defense of innocence.

Although some of them are not good at the field of criminal defense, they know a little bit.

Qin Mu proposed this direction of defense...

Totally a layman.

"Sure enough, he's a rookie!"

In a certain position in the auditorium, Zhao Baiqin suddenly sneered.

Looking at Qin Mu's eyes...

More and more contemptuous.

His moot trial hadn't started yet, so he went to the eighth moot court to attend.

I want to see Qin Mu's weight.

Unexpectedly, it turned out as he guessed, not only a level dish, but also a stunned young man.

As soon as the direction of innocence defense was raised...

This case was almost half lost, and Jincheng's elimination was basically a certainty.