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Chapter 189 Don't Let the Heartbreak of the Brave and the Righteous (6K)

"Plaintiff's lawyer, in view of the temporary submission of evidence by the defense lawyer, you can apply for an adjournment to prepare for your defense. Do you want to apply?"

Chen Zhonghan looked at Yue Bin and asked.

This kind of ironclad evidence cannot have any room for refutation.

The reason for asking such a question is just a matter of routine, which is the right of the plaintiff's lawyer.

"No application." Yue Bin shook his head.

Even if the adjournment is useless, this round has been completely lost.

Yue Bin naturally wouldn't make unnecessary struggles.

He took a deep breath and regrouped: "Although Han Ming did commit the theft, and although the defendant's behavior can barely be regarded as an act of righteousness, I want to say that one must pay attention to the method and method, as well as the scale and control!"

"Our country encourages acts of righteousness, but does not allow anyone to use acts of righteousness as an excuse to persecute others, or even threaten their lives!"

"Everyone should know that when our client was being chased, he was not infringing illegally, nor was he posing a threat to anyone's life or property."

"In this case, is it necessary for the defendant to persecute Han Ming so much? Can a more peaceful method be adopted? Should the police be called in time instead of acting without authorization?"

"Just imagine, if it wasn't for being so forced by the two defendants and feeling a strong fear, how could Han Ming jump into the river, and how could he drown!?"

"Then can I say this, if the defendant doesn't chase Han Ming, he can't die at all!"

Yue Bin narrowed his eyes slightly, and said word by word: "In other words, there is a causal relationship between the two defendants and Han Ming's death!"

causation!

That's the crux of the case.

If this is true, no matter whether the defendant is brave or not, he will be guilty of negligent death!
After finishing speaking, Yue Bin cast his eyes on Luo Dazhuang who was facing him.

He wanted to see how Luo Dazhuang would defend himself.

Under Yue Bin's gaze, Luo Dazhuang slowly shook his head.

I thought it was a king, but I didn't expect it to be a scrap iron.

Blinded this hope...

Luo Dazhuang suddenly felt a little dull, and said lightly: "The causal relationship in criminal law refers to the relationship between causing and being caused between harmful behavior and harmful results."

"Determining whether there is a causal relationship between harmful behavior and harmful results cannot be subjective, but should be guided by the dialectical materialist theory of causality."

Luo Dazhuang's voice is loud and generous, and he has a powerful aura.

Start explaining item by item.

"First, the objectivity of causality."

"Causality, as the relationship between the cause and the caused of objective phenomena, exists objectively, and does not depend on whether people know it subjectively or not."

"The allegations made by the plaintiff's lawyer just now are entirely based on personal subjective judgments, which are not enough to prove the establishment of causality."

"Second, the time series of causality."

"The so-called time sequence means that from the perspective of the time of occurrence, the cause must come first, and the result must come later, and the time order of the two cannot be reversed."

"In criminal cases, the cause can only be found in the harmful behavior before the harmful result occurs."

"So, before Han Ming jumped into the river, did any harmful behavior happen to him?"

"Did someone threaten him? Did someone push him? Did someone push him? Did someone attack him?"

"No, not at all!"

"That is to say, before the harmful result occurs, there is no harmful behavior at all, and naturally there is no causal relationship!"

Yue Bin frowned suddenly.

I felt a strong sense of powerlessness in my heart.

At this time, he really realized the power of Luo Daxiang.

He almost broke apart the causal relationship and gave a detailed and in-depth explanation.

Simply flawless.

And this is just the beginning.

Luo Dazhuang's statement is still going on.

"Third, the necessary connection of causality."

"The causal relationship is manifested in the internal, inevitable, and lawful relationship between causing and being caused between two phenomena. This is the most basic and main manifestation of the causal relationship."

"Let's go back to this incident. Our party was just running ten meters away from Han Ming. Between this incident and Han Ming's jumping into the river, there are internal, inevitable, and lawful causes and consequences. made a connection?"

"Someone jumps into a river just because they see someone else running in the street???"

Luo Dazhang spread his hands, his face full of doubts.

That's right, others are just running on the street. It's your choice to jump into the river. What does it have to do with others?
As soon as this remark came out, everyone burst into laughter, so it can be said that it is true.

Many people in the auditorium laughed out loud.

To Cao Dantong's mother and daughter, that voice was particularly piercing.

"Boom!"

"quiet!"

Chen Zhonghan had a serious face. He was an old judge after all. He was well-informed, experienced, and very calm.

The court fell silent.

Luo Dazhuang continued to state:
"Fourth, the question of causation in the crime of omission."

"Crime of omission refers to an act in which the perpetrator violates the direct provisions of the law and refuses to perform the statutory obligation, and the circumstances are serious or bad. Simply put it in six words: what should be done, what can be done, and what should not be done."

"Violation of the direct provisions of the law refers to the crime of violating the direct provisions of the criminal law, which constitutes a crime. If there is no provision in the law, it is not a crime, and analogy is strictly prohibited."

"Han Ming's drowning was not caused by our party, and the two parties are completely strangers and have nothing to do with it."

"So our client is not obliged to rescue him. Even if he stands by and does nothing to save him, it cannot constitute a crime of omission."

"But my client is kind-hearted. He couldn't bear to watch a living life die before his eyes, so he risked his life to save people. What is this?"

"This is great benevolence, this is great righteousness, this is great love, and this is great kindness!"

"But now, just because the rescuer failed to save the life of the drowning person, the family members will be charged with negligent death? If this is the case, who will dare to go into the water to rescue someone who is drowning in the future? Who will dare to commit suicide? To help?"

"To sum up..."

Luo Dazhuang took a deep breath and said in a deep voice, "I don't think there is any legal causal relationship between our client and Han Ming's death!"

This statement is clear and logical.

It refuted Yue Bin's so-called "cause and effect relationship" from all aspects.

Luo Dazhuang showed his sharpness and played perfectly.

In this incident, Jiang Bai and Meng Bo did not do anything wrong.

They just act bravely.

And twice.

For the first time, catch the thief!
The second time, save the drowning person!
To be honest, instead of having any reason to blame Cao Dantong and her daughter, they should be grateful, grateful, grateful.

Because Jiang Bai risked his life to rescue Han Ming, and because Meng Bo called the emergency call in time.

Although the result was not ideal, it could not erase the efforts made by the two to rescue Han Ming.

but……

As family members, they brought the two to court with a single complaint.

Isn't this a realistic version of the farmer and the snake?

"What do you mean!?"

"Do you still want us to be grateful to those two murderers?"

Cao Dantong stood up against the case, glared at Luo Dazhuang fiercely, and questioned loudly.

Luo Dazhang nodded seriously: "If you are a person who can distinguish right from wrong and have a heart of gratitude, then you should really thank the two defendants."

"They really made efforts to rescue your drowning son, even risking their lives."

"You fucking fart!"

"My son is dead! You actually asked me to thank the murderer!"

"Are you still a human being!"

With a roar, Cao Dantong was about to rush towards Luo Dazhang with all his teeth and claws.

Fortunately, the bailiff behind her has long been paying attention to her.

It was stopped immediately.

"Boom boom boom!"

Chen Zhonghan sounded the gavel, warning in his tone: "Plaintiff, please pay attention to your emotions and court order. If you mess up again, I have the right to expel you!"

"He completely turned black and white, and asked us to thank the murderer. Is there any reason for this? Is there any law of the king!"

Cao Dantong trembled with anger, his face flushed.

Chen Zhonghan said in a deep voice: "Now is the court debate. In theory, anyone can speak."

"If you disagree with the other party's statement, you can refute it, but pay attention to the way you speak."

The Inquisition is not a wet market.

Trials are not street brawls.

Whoever has the loudest voice doesn't take advantage of it.

Seeing that Cao Dantong was no longer insane, Chen Zhonghan looked at Luo Dazhuang: "Defender, do you have anything else to say?"

"Have."

Luo Dazhuang nodded and continued: "Determining causality does not mean determining criminal responsibility."

"Whether the perpetrator bears criminal responsibility depends not only on the objective facts, but also on the perpetrator's subjective psychological state of the behavior and results."

"Because in the case of causation, the perpetrator may not have the intention or negligence required by the criminal law, and there is no criminal responsibility in this case."

Luo Dazhang's understanding of legal provisions and judicial interpretations is too thorough, and it has definitely reached the peak level.

"Returning to the crime of negligent death itself, the subjective form of responsibility for this crime is negligence, that is, the perpetrator has the possibility of foreseeing the death of others caused by his actions, or has foreseen it and credulously believes that it can be avoided."

"The crime of negligence causing death is a crime of negligence, including negligent negligent causing death and overconfident negligent causing death."

"The former means that the perpetrator should have foreseen that his behavior may cause the death of others, but due to negligence, he did not foresee that it caused the death of others."

"The latter means that the perpetrator has foreseen that his actions may cause the death of others, but due to credulity, he can avoid causing the death of others."

Luo Dazhuang pointed to Jiang Bai and Meng Bo: "The two defendants are strangers to Han Ming. They don't know each other at all and have never been in contact with them. The degree of understanding is zero!"

"We cannot ask the two of them to be able to foresee that a stranger who has never lived before will make an extremely dangerous choice under the circumstances at that time."

"Since it is impossible to foresee, then our party has no fault subjectively. Whether it is negligent negligence causing death or overconfident negligence causing death, it is not established!"

Finally, Luo Dazhuang smiled and made a summary:

"From the perspective of the perpetrator, the result of this incident was caused by other unforeseen reasons. It is an accident, and the perpetrator does not need to bear any criminal responsibility."

After speaking, he let out a long breath and sat down slowly.

Chen Zhonghan nodded slightly, and turned his eyes to Zhang Wei: "Defender No. [-], do you have any defense opinions to add?"

Zhang Wei shook his head: "No."

I have seen a lot of pig teammates, and now I am finally matched with super god teammates.

Zhang Wei has already adjusted his posture and lay down.

So Chen Zhonghan turned his head to look at the plaintiff's seat: "Plaintiff, do you have any opinions?"

"Yes, yes..."

Yue Bin bit the bullet and said, "I think..."

In the following time, the two sides engaged in heated debates on causality, negligence and crime.

As a result, there was no doubt that Yue Bin was pressed to the ground and rubbed repeatedly.

Compared with Luo Dazhuang, his level is at least two behind Zhang Wei.

Totally not an opponent.

Moreover, as Zhang Wei joined the battlefield, this disadvantage expanded and became even more irresistible.

In terms of criminal responsibility, it was completely defeated.

Subsequently, Yue Bin began to fight in the civil "battlefield".

Although you don't need to bear criminal responsibility, after all, if a person dies, you can't just pay nothing, right?

But Luo Dazhuang and Zhang Wei's claim is that they will not pay any money.

In this trial, their goal is to exempt them from all criminal and civil liabilities!
Even if they were awarded a penny in the end, they would lose.

Moreover, Luo Dazhuang also cited a case from ten years ago.

It was Qiao Haiyang's case.

He robbed in the street and was chased by passers-by. As a result, when he climbed over the railing, he was accidentally stabbed to death by the spikes on it.

Those passers-by were brought to court by Qiao Haiyang's family, charged with negligent death, and their defense lawyer was Luo Dazhuang.

The two cases are very similar.

Under Luo Dazhuang's defense, the verdict of the Qiao Haiyang case is that the defendant does not need to bear criminal responsibility, nor does he need to bear civil liability for compensation.

Victory.

Luo Dazhuang's citing of that case is the most typical case-based interpretation, which has a very high reference value for the current case.

This also became the last straw that overwhelmed Yue Bin.

"Boom!"

Chen Zhonghan sounded the gavel to end the debate.

At this stage of the court debate, it is actually over. If the debate continues, it will be meaningless dragging, which is the ultimate torture for the plaintiff's lawyer.

Hearing the sound of the gavel, Yue Bin breathed a sigh of relief.

Chen Zhonghan said: "Please the plaintiff to make a final statement."

The voice fell.

Cao Dantong stood up slowly.

At this presentation stage, she will be speaking.

The statement made by the elderly bereaved mother is obviously more contagious than that of the younger sister.

Cao Dantong held the statement in both hands and began to state:
"Your Honor, all jurors..."

Cao Dantong's eyes were red, and his voice was crying.

"The man in my family passed away early. I was both a father and a mother, and I brought up the two children. It was difficult for outsiders to understand."

"Fortunately, my two children are very competitive and obedient, and my son is even more promising. He became the leader of the company at a young age."

"I still remember the morning of the accident, when he was eating breakfast, he told me, Mom, you have suffered, and you can wait to enjoy the blessings in the future..."

Speaking of this, Cao Dantong burst into tears and sobbed.

"In the end, a shocking news came!"

"A white-haired person giving a black-haired person, the saddest thing in the world is this."

"My son, just leave like this, I will never see him again, and I will never hear him call me 'Mom' again..."

"My son may have broken the law in a moment of confusion, but, even if he made a mistake, he wouldn't be guilty of death, right?"

"Even if my son is a thief, can he be persecuted? Does he deserve to die!?"

Cao Dantong glared at Jiang Bai and Meng Bo fiercely with red eyes, gritted his teeth and said, "My old lady doesn't understand legal causation, but I just want to ask, why do you say that the defendant and my son's death are not related?" relation?"

"If they don't chase my son, how could he die!"

"My son died because of them! I implore the judge and all the jurors to convict the defendants in accordance with the law, give them a heavier sentence, and let them bear the civil liability for compensation!"

Done.

Cao Dantong bowed deeply in the direction of the judge, and sat down sobbing.

He took the tissue from his daughter and wiped away his tears.

This statement is very contagious.

Even in the auditorium, some people who had come to support Jiang Bai and Meng Bo had expressions of unbearable expression on their faces.

After all, people are not grass and trees.

No matter how nonsensical and unreasonable Cao Dantong is, at least her relationship with her son is true, and this statement comes from the heart, which makes people feel strange after hearing it.

This is the plaintiff's last chance.

Earn sympathy points.

Chen Zhonghan has no expression on his face, no matter what feelings he has in his heart, he will not show it on his face, let alone say it out loud.

As a judge, one cannot be influenced by subjective emotions.

He must be objective and rational enough to make the most fair judgment.

Chen Zhonghan looked at the defendant's seat: "The defendant, please make a final statement."

Jiang Bai stood up and began to state:
"Honorable judge, juror, let me first state my point of view."

"I have nothing to do with Han Ming's death, and I should not bear any responsibility, neither criminal nor civil!"

"In terms of legal determination, the two defense lawyers are professional. They have already made it very clear, so I won't go into details."

"But there are some things that I hold in my heart, and I can't spit them out!"

Jiang Bai looked around slowly, his words were sonorous and loud.

"It is the traditional virtue of the Chinese nation to act bravely in the face of righteousness and to support justice. Confucius once said that there is no courage if one does not act for righteousness."

"Today, when our country is realizing the dream of great rejuvenation, the traditional virtue of being brave to justice should be carried forward even more, and this kind of behavior should also be advocated and encouraged."

"I'm very sad. I don't know when it started. I didn't dare to help the old man when he fell, he didn't dare to rescue someone who fell into the water, and he didn't dare to stop the thief when he saw him escape..."

"I don't know when it started, there are fewer and fewer brave people."

"Has people's hearts changed? Or has society changed?"

"The phrase 'you didn't hit it, why did you help' has made many brave people worry about the future?"

"If you have to take responsibility for doing what is right, who will dare to do what is right? Who will dare to uphold justice? What will our country be like? What will our nation be like?"

"It shouldn't be like this, and it can't be like this!"

"Those who act bravely in righteousness should not have any worries!"

"Your Excellency, the judge, and all the jurors, please consider this case seriously, and don't let those who stand up for justice feel cold, and don't dampen the enthusiasm and courage of others who stand up for justice!"

Jiang Bai's voice resounded in the trial court.

Every word is deafening.

Every word is thought-provoking.

If the hero still has to suffer grievances, is there anyone willing to stand up?Anyone else dare to come forward?

This statement caused many people in the trial court to fall into deep thought.

And many people who are watching the live broadcast can't help but applaud.

Well said!

That is to say, the live broadcast of the court trial cannot post barrage, and cannot give gifts.

Otherwise, it will definitely be an unprecedented event.

After Jiang Bai's statement was over.

Meng Bo stood up.

He swallowed, and slowly opened his mouth:
"I'm not well-educated, and I'm not very good at speaking, but I have the most basic sense of right and wrong. I think that when you encounter bad people, you should stand up!"

"If I don't help others when they are violated today, then no one will help me when I am violated in the future."

"I am a security guard, protecting one party's safety."

"Although the position is ordinary, I still have a sacred sense of mission and responsibility in my heart."

"I have no complaints or regrets, and I have a clear conscience. I am deeply sorry for Han Ming's death, but I still firmly believe that I was right."

"I also believe that the law is just and warm."

"I implore your honor and all the jurors to enforce the law impartially and give me justice."

Meng Bo's statement is more simple and unpretentious, but it is also deeply rooted in the hearts of the people.

It resonated with countless people.

"Boom!"

Chen Zhonghan thumped the gavel heavily.

"Temporarily adjourn the court for two hours, and announce the verdict after the resumption of the court session."

Afterwards, he took the members of the collegial panel and withdrew.

They should have a good discussion.

Judgment in this case requires caution.

……

East China Sea, in a certain flat layer.

"Sister Yun, what's the situation now?" Ji Xiaomeng saw that the live broadcast of the trial had turned into a black screen, and asked while shaking Sister Yun's arm.

Sister Yun said helplessly: "Didn't you listen to the presiding judge? The court will be adjourned for two hours and the verdict will be announced after the court session."

"It's still two hours..."

Ji Xiaomeng pouted, taking a long time to express her dissatisfaction.

Sister Yun pursed her lips and said, "This case has attracted widespread attention from all walks of life. The collegial panel must treat it very carefully. It is estimated that they will go through a fierce debate in these two hours."

"You, just relax. Looking at the situation, the probability of winning the case is infinitely approaching [-]%."

Ji Xiaomeng clasped her hands, and said devoutly: "I am willing to use my best friend's 30 years of being single as the price to win this lawsuit!"

"Your girlfriend?"

"Hmm."

"How many girlfriends do you have?"

"Just you."

"Oh... yes, you dead girl!"

"Ah, no!"

The two got into a fight.

Time passed by minute by minute.

Finally, while countless people were waiting for the stars and the moon, the court was reopened.

　Update 1W words today, 400 monthly tickets plus more will be sent~
　　At present, the number of words owed to be updated is still 17K
　　
　
(End of this chapter)