If you buy fake goods online, you will buy 100 million more!
Chapter 317 Judgment Day: 1 Chess Difference, All Losses
On X/X, 20XX, the weather is fine, suitable for travel, litigation, and imprisonment; avoid marriage, moving, logging, and digging wells.
At ten o'clock in the morning, Yuncheng Intermediate People's Court, the first criminal division.
Online class B solved a case, and the trial will be held here.
"1. Without the permission of the court, no audio recording, video recording or photography is allowed;"
"2. Except for those who are allowed to enter the trial area due to work needs of the court, no other personnel are allowed to enter the trial area;"
"3. Do not applaud, make noise, make noise, or implement other behaviors that hinder trial activities, and are not allowed to speak or ask questions without the permission of the presiding judge;"
"4. The bailiff has the right to stop..."
The clerk read the court discipline.
Then the presiding judge and judges in robes entered the court one by one and stepped onto the platform.
"Boom-"
The judge stood high above the legal platform, knocked on the gavel, glanced at it and said in a deep voice: "Today, in accordance with the provisions of Article 290, Article 240, and Article 360 of the Criminal Law, the Criminal Tribunal of the Yuncheng Intermediate People's Court is open to the public in accordance with the law. Hearing the case of the defendants Hao Qiang, He Zhengyi, Chang Junyi, Cai Xu and other 76 people who broke through the online class B to death."
"I will serve as the presiding judge and form a collegial panel according to law."
"Now, the court is officially open!"
"Because of the special circumstances of this case and the large number of defendants involved, the trial mode is adopted in batches, and the No.1 defendant will be brought to court first!"
After the words fell, the left front door of the trial court opened.
A defendant walked into the trial court with his head drooping under the escort of the bailiff.
It is the defendant with the most crimes in this case - Chang Junyi!
With yellow hair on his head, he was thin and frightened.
He is only 19 years old. Although he is an adult, he is actually a half-grown child. He looks very arrogant on weekdays. He looks at people with his nostrils wherever he goes, as if he is the third child.
But after walking into the trial court, his legs were weak.
If it weren't for the support of the bailiff, I'm afraid he might not have been able to get to the defendant's seat smoothly.
As for the remaining defendants in this case, they are all in the waiting room at the moment, guarded by the bailiffs, and they can see the situation of the trial scene through the big screen in front of them.
Although they didn't appear in court for the time being, they all stared nervously at the screen of the trial, their hearts fluttered and they panicked.
Chang Junyi was the first defendant to appear in court, and his trial results can basically determine the next trial of other defendants.
Because the most critical point of controversy in this case is whether there is a legal causal relationship between Chen Yaping's death and the actions of the blasters!
If the lawyer successfully refutes the prosecutor's claim and proves that this causal relationship does not exist, the sentences of all the defendants in this case will be greatly reduced.
After all, the crime of picking quarrels and provoking trouble and causing death by picking quarrels and provoking trouble are two completely different concepts, and the sentencing is very different.
Even most people will not meet the standard of criminal conviction, and will only be detained or fined according to the relevant provisions of the Public Security Management Punishment Law.
However, if it is proved that a causal relationship exists, it means that all defendants need to bear legal responsibility for Chen Yaping's death.
This is obviously the last thing they want to see.
So at this moment, it seems that only Chang Junyi is in court, but in fact, the result of this trial has affected the hearts of all the defendants.
"Woooooooo..."
Suddenly there was a burst of crying from the crowd.
Some people were crying with fear.
Fear spread like a tide, and more and more people began to sob, and even a girl sat there crying loudly.
It is completely two extremes to show off their might and domineering appearance on the Internet.
But the surrounding bailiffs showed no sympathy.
These people deserve it!
In the courtroom, in the auditorium.
"This lawsuit is not easy to fight. I heard that the defendant's lawyer is very powerful and well-known in Yuncheng."
Jiang Bai whispered to Luo Daxiang next to him.
He knew that the key to this trial was the determination of causality.
And this is actually difficult.
Because this is a relatively general, or rather imaginary concept, it is impossible to say that the prosecutor "snap" some evidence to determine the existence of a causal relationship.
There are too many places to play and wrestle with.
And the defendant's lawyer, Yan Shouyi, is also a well-known lawyer in Yuncheng. I heard that he has a high winning rate and his ability is naturally good.
Jiang Bai was really worried that the trial would fail.
Hearing this, Luo Dazhuang said with a faint smile, "Aren't you curious about where I went last night?"
"Luo Dazhuang, don't be a fool, just tell me." Jiang Bai urged.
Luo Dazhang clapped his hands and smiled: "I used to take many students during the practice test training. Some of them became lawyers, some entered the court, and some worked in the procuratorate."
"It just so happens that there is a student of mine in the Yuncheng Procuratorate, and it just so happens that he is the prosecutor of this case."
"I just went to his house as a guest last night."
Hearing this, Jiang Bai immediately grinned and gave Luo Dazhuang a thumbs up.
It turned out that Luo Dazhuang had given advice to the prosecutor long ago, so there is nothing to worry about in this trial, you just need to watch the show.
While the two were talking, the public prosecutor stood up and read out the indictment.
"XXX People's Procuratorate Criminal Indictment..."
"The victim in this case, Chen Yaping, is a second-year language teacher at Yuncheng No. [-] Middle School... Since the Xth of this month, unknown people have joined Teacher Chen Yaping's online classes. Destroy and seriously insult Teacher Chen Yaping."
"Chen Yaping has tried to persuade these unknown people many times, but to no avail. Instead, these people have intensified."
"During the online class on X, X, they destroyed the online class and insulted Teacher Chen Yaping even worse, causing Chen Yaping to have a sudden myocardial infarction. After being sent to the hospital, rescue failed, and she was confirmed dead at 18:34."
"The victim's family reported the case to the Yuncheng Public Security Bureau on X, X, and the investigation of this case was concluded by the Yuncheng Public Security Bureau, and it was transferred to this court for review and prosecution."
"This court believes that the defendant's behavior has violated the provisions of Articles 290, 240, and 360 of my country's Criminal Law, and has constituted the crime of picking quarrels and provoking trouble, the crime of defamation and insult, and the crime of disseminating obscene articles, and the circumstances are extremely serious!"
"According to the provisions of the Criminal Procedure Law, a public prosecution is initiated."
"The claim is as follows:"
"The criminal defendant Chang Junyi was sentenced to 15 years in prison for the crimes of picking quarrels and provoking troubles, insulting and disseminating obscene articles according to the law... He Zhengyi was sentenced to 12 years in prison according to the law... Sentence criminal defendant Hao Qiang to ten years..."
The public prosecutor's voice was powerful and powerful, resounding through the huge courtroom.
The proposed sentencing of the 76 defendants was announced in turn.
Among them, Chang Junyi was the one with the heaviest sentence. Three layers of buffs were superimposed, and he was punished for several crimes. The sentence directly reached an astonishing 15 years!
The second place is "Justice from Heaven" He Zhengyi.
As the group owner of the blasting group, and the organizer of the online course B-breaking behavior, and for the purpose of profit, he also has a lot of buffs, and 12 years is definitely not wronged.
Others bear different sentencing according to their respective roles and roles in the joint crime.
Generally speaking, the public prosecutor's sentencing opinions on the defendant are generally biased.
For example, a defendant's sentence is considered reasonable within the range of 5 to 7 years. In this case, the public prosecutor will basically recommend that the judge sentenced him to seven years.
After all, this case is not an ordinary criminal case. It is no exaggeration to say that it has reached the point where people and gods are indignant.
Heavy sentence, no problem.
The only one whose sentencing opinion is not serious is Cai Xu. After all, he is not yet an adult, so he will definitely have some advantages. The sentencing recommendation is only five years.
Cai Xu is definitely the main force in the online class B break. It seems that all the anger he received in school has been vented on Chen Yaping. If he is two years older, the sentencing recommendation will be at least seven years!
Originally, Hao Qiang could also get this special treatment, but who made him meet an idiot mother, and he was also an idiot, not only closed the door to commutation, but also welded the windows to death.
The public prosecutor gave him a sentencing opinion of ten years in prison!
This is already the maximum sentence for causing death by picking quarrels and provoking trouble.
Of course, this is only the prosecutor's request and sentencing opinion.
As for the final sentence, it still depends on the opinions of the judges and judges.
Nearly one-third of the defendants received a sentencing recommendation of probation, some with three probation for five, and some with two probation for three.
The lightest punishment is a sentence of one sentence suspended.
This guy only had one online class B break, and quit after playing a song in class, and never appeared again.
According to what he said, it was because of his conscience that he couldn't bear it. Not only did he not make trouble again, but he also quit the group immediately and bid farewell to this industry.
What the police learned after the investigation is also consistent with what he said.
Among the 76 defendants, he was one of the few who still had a conscience.
He played a small role in the joint crime, terminated the crime in time, and had a very good attitude of repentance, so he won a valuable opportunity to reduce his sentence.
But the punishment still has to be punished.
Putting down the butcher knife and becoming a Buddha instantly only exists in the story.
In reality, you have to accept the trial even if you put down the butcher knife.
How can there be such a good thing.
After the public prosecutor read out the indictment, the judge looked at the defendant's seat: "Defendant, are the causes of action and claims mentioned by the public prosecutor consistent with the copy of the indictment you received?"
"One... unanimous."
Chang Junyi nodded slowly, and responded with a shy voice.
The judge then asked: "Do you have an opinion on this?"
"Have!"
Chang Junyi couldn't wait to start defending himself: "I admit that I insulted the victim, and I did broadcast some bad things in the online class. I admit all of this!"
"But I absolutely do not admit that the victim's death has anything to do with me!"
"She is thousands of miles away from me, and I'm not a god, so how can she be blamed on me when she dies!?"
"If you have to be responsible for someone's death just because you swear a few words online, who will dare to go online in the future? Who will dare to post a few words on the Internet?"
Chang Junyi's face flushed red and he was extremely agitated.
He was speaking strictly according to Yan Shouyi's instructions.
Yan Shouyi's basic strategy in this trial is to defend the misdemeanor.
Admit the crime, but deny that there is a legal causal relationship with the victim's death!
In this way, the crime can be greatly mitigated.
Taking Chang Junyi as an example, if causality exists, his sentence is 15 years, but if it does not exist, then his sentence may be less than five years!
The difference is not that big.
That's why Chang Junyi was so nervous and excited.
Of course, the specific expressions must be exquisite. Words like "what kind of teacher is poor in mental quality" and "maybe she has a disease" can make people's blood pressure soar after hearing it, and they must not be said in the trial court.
Otherwise, it is really "suicide".
But even so, Chang Junyi's words instantly angered Fang Jian and his son and other relatives of Chen Yaping.
"What are you farting! You killed a human life, and you still want to get rid of the responsibility?"
"You are a murderer, don't try to wash yourself away!"
"My daughter is in very good health. If it wasn't for the constant scolding by you bastards, how could she die, how could she die!!!"
"..."
The families of the victims were outraged.
Chen Yaping's brother even stood up excitedly from the auditorium and rushed towards the defendant's seat.
The bailiff quickly dispatched and stopped him.
"Boom!"
The judge struck the gavel and said in a deep voice, "Please pay attention to the order of the courtroom. No noise is allowed, let alone beating anyone! Defendant, you continue."
Chang Junyi swallowed his saliva and said: "I am deeply sorry and sorry for the victim's death, but this account really can't just be held on my head so abruptly."
"I didn't mean anything malicious, I just wanted to earn some pocket money. The group said that as long as I went in and scolded a few words, I would get money, so I went."
"I really didn't want to kill anyone, and I didn't expect anyone to die. This really has nothing to do with me. You can't just charge me as a murderer."
Although bearing countless murderous gazes, Chang Junyi still bit the bullet and insisted on his proposition.
These were also taught by Yan Shouyi.
The focus of today's trial is the determination of causality.
What Chang Junyi has to do is to deny it from his own perspective.
As for debates and confrontations at the legal level, that is strictly a matter of righteousness.
After Chang Junyi's statement was over, the judge said solemnly: "Since the defendant did not admit that it was related to the victim's death, the next court investigation will focus on causality."
"Next, both parties are asked to present evidence to cross-examine."
"Prosecutor, do you have any evidence to present?"
"Have."
The prosecutor nodded and began to present evidence.
The first thing to show was the broken screen recording files of several online courses B related to Chang Junyi, which clearly showed how Chang Junyi insulted Chen Yaping.
Yan Shouyi did not refute this evidence.
Nor is his focus here.
Then, the public prosecutor presented the report issued by the hospital.
There are several key information in the report: Chen Yaping is in good health, has no history of myocardial infarction, the time of myocardial infarction that day, time of death, etc.
"Defendant, what objection do you have to this evidence?" asked the judge.
Chang Junyi looked eagerly at the lawyer beside him.
Yan Shouyi did not remain silent this time. He gave him a reassuring look, stood up and said, "I have no objection to the authenticity, legality and relevance of the evidence, but I do not approve of its strength."
"The evidence from the public prosecutor can only prove that the victim died of a myocardial infarction for the first time, but it does not prove that there is a causal relationship between her death and our client's behavior!"
"You should know that our client is only a 19-year-old child. Although he is an adult, he is legally a 'full criminally responsible person', but after all, he is still young, inexperienced, and social experience is not rich enough."
"And I learned that at the time of the incident, he was in a state of running away from home, wandering alone, with no source of income, and he just wanted to survive in this way, and he definitely did not have too strong subjective malice."
"The behavior of our client does constitute the three charges mentioned in the indictment, but he just wants to live, and we cannot rudely attribute all the consequences to him."
"This is not only unfair to our client, but also fails to reflect the legal spirit and humanistic care of our country!"
It has to be said that Yan Shouyi is indeed a bit level, not only questioning the evidence submitted by the public prosecutor, but also directly elevating the topic to another level.
He admitted that the evidence could prove the three charges, but questioned its strength of causation.
This is a very clever cross-examination strategy-avoid the important ones!
Acknowledge what is best for you and refute what is worst for you.
From a legal point of view, there is nothing wrong with his defense, but from a moral and personal emotional point of view, his speech is unacceptable!
"What nonsense are you talking about! My sister was killed by them and you are still helping them get rid of the crime, I am!"
"What kind of shitty lawyer are you, you really don't want any conscience for making money, don't you?"
"Scum! Beast!"
"Can you take this bad money with peace of mind? Can you sleep at night!"
"..."
Many family members of the victims were extremely excited, and they all spoke out to criticize Yan Shouyi severely.
The entire courtroom became noisy.
In their view, Yan Shouyi is a black-hearted lawyer who speaks nonsense with his eyes open for money, has no bottom line, and has no humanity!
"Boom!"
The judge sounded the gavel again to maintain order and gave a warning.
Then the prosecutor rose to speak.
"I don't agree with the defender's point of view. Is it possible to commit a crime because you have no financial resources and want to survive? Can you infringe on the rights and interests of others?"
"According to this logic, can thieves and robbers also be forgiven?"
"The law is the bottom line that restrains people's behavior. If even the bottom line of the law can be broken at will, then this society will be completely in chaos!"
The prosecutor strongly refuted Yan Shouyi's point of view, before he could speak, he continued:
"As for the defender's disapproval of the strength of this evidence, well, let me explain now how this evidence proves that there is a causal relationship between the victim's death and the defendant's behavior!"
"First of all, we need to make it clear that the causal relationship in criminal law refers to the connection between a harmful act and a harmful result that causes and is caused."
"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."
The prosecutor took a deep breath and began to make his point.
"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."
"From this evidence, we can see that the victim was in good health and had no hidden dangers. If it hadn't been for the 21 days of cyber violence, she is still alive and healthy!"
Yan Shouyi frowned slightly, with an ominous premonition in his heart, he quickly raised his hand and said, "Objection!"
"What the public prosecutor said does not prove the existence of a causal relationship. Even if the victim had no history of myocardial infarction and no other hidden dangers, it cannot prove that her death was related to the breach of online class B."
The public prosecutor smiled and said calmly: "Your Excellency, the public prosecutor has applied for a witness to appear in court."
"agree."
Soon, witnesses appeared in court.
He is a middle-aged man in his 40s, wearing a pair of glasses, and looks very refined.
Still holding a document in his hand.
After stepping onto the witness seat, he bowed slightly in the direction of the court, and then held the document in both hands and began to read aloud: "I am the witness Du Mingli, and I have clearly understood the rights of witnesses, the obligation to testify truthfully, and the legal consequences of violating obligations..."
After reading the content of the bond, the bailiff handed it over to the judge.
The judge took a look, and finally there was the witness's autograph.
Then said: "Prosecutor, you can now question the witness."
The public prosecutor nodded, looked at the witness and began to ask questions: "Witness, may I ask your occupation and relationship with the victim."
"I am the chief physician of the Department of Cardiology at XX Hospital, and the relationship with the victim is that of a doctor and a patient."
"On X of this month, our hospital received a patient with a sudden myocardial infarction. It was Chen Yaping, the victim of this case. I participated in the treatment. Unfortunately, I still couldn't save her life."
Speaking of the latter, Du Mingli's voice became deep and deep.
As a doctor, seeing patients die in front of their eyes is not a good feeling.
The public prosecutor then asked: "What was the cause of the victim's death?"
"Cardiogenic shock!"
Du Mingli said solemnly: "When the patient was sent to our hospital, he had already suffered from a large area of acute myocardial infarction, which resulted in a significant decrease in myocardial contractility, myocardial ischemia, and insufficient blood supply to other important organs, which led to shock and death."
The public prosecutor asked again: "So, what factors caused the victim's sudden myocardial infarction?"
Du Mingli said: "There may be many reasons for myocardial infarction, such as previous heart disease, smoking, diabetes, abnormal blood sugar, overweight or obesity, unreasonable diet, emotional agitation, weather changes, etc."
"The cause of the victim's sudden myocardial infarction was a sudden emotional change in a short period of time."
"I've also heard about this case. She is definitely the group of animals who were broken by the online class B and had a heart attack!"
As he said that, Du Mingli gave Chang Junyi a hard look at the defendant seat.
It can be seen that he is also a man of temperament.
"I'm done asking my questions." The public prosecutor finished asking questions and sat down slowly.
It is enough to have these.
The judge looked at the defendant's seat: "Does the defense have any questions for the witnesses?"
Yan Shouyi immediately said: "Witness, you need to know that your testimony may directly affect the punishment faced by the defendant in this case. May I ask, how can you say with certainty that the victim's sudden myocardial infarction was caused by emotional fluctuations?"
The latter glanced at him, "Just because I am the best cardiovascular physician in Yuncheng, and I was also involved in rescuing the victim!"
"I am definitely the person who knows her situation best, and I can take responsibility for my words!"
"This lawyer, you are professional in law, but I am professional in the field of medicine. I hope you will not question a professional doctor from the perspective of a layman!"
Although Du Mingli's words were arrogant, they were also true.
Looking at the entire Yuncheng, there is really no other doctor who is more authoritative than him in cardiovascular medicine.
Even looking at the whole country, he is a top existence in this field.
Du Mingli's words were so direct that Yan Shouyi had nothing to say.
The witness then withdrew.
"What the witness just said proves the objectivity of the causal relationship."
The prosecutor went on to state:
"Second, the time series of causality."
"The so-called time sequence means that the harmful behavior occurs first, and the harmful result occurs later."
"The reason for the harmful result is hidden in the previous harmful behavior!"
"The witness just now proved that the direct cause of the victim's death was a myocardial infarction, and the cause of her sudden myocardial infarction was emotional agitation."
"At the time of the sudden myocardial infarction, the victim was taking online classes, and it was during the online class that a harmful behavior occurred, which is the so-called online class B break!"
"I have every reason to believe that it was the breach of the online course B that caused the victim's mood to fluctuate violently, which led to a sudden myocardial infarction and finally died!"
The public prosecutor's voice was loud and impassioned: "This proves that the time sequence of causality exists."
"At the same time, objectivity and causal sequence also corroborate each other!"
Yan Shouyi's face has become very ugly.
He didn't expect the public prosecutor to be so well prepared and so sharp!
Let him find no point to refute.
"Third, the necessary connection of causality."
The prosecutor continued speaking after a short pause.
"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."
"In this case, the defendant's behavior caused the victim's heart attack, and the heart attack caused the victim's death. There is an inevitable connection between them."
"In summary……"
The public prosecutor breathed a sigh of relief, and concluded in a deep voice: "There is a causal relationship in criminal law between the death of the victim and the behavior of the defendant in this case."
"We can even say that the victim died because of the defendant! He is responsible for the victim's death!"
These words are resounding.
Like a heavy hammer, it hit Chang Junyi's heart hard, and it also hit the hearts of other defendants in the waiting room.
Yan Shouyi twisted the word "Chuan" between his brows, and secretly said trouble.
The prosecutor's attack was so fierce that he was caught off guard.
"Lawyer Yan, hurry up and refute him!"
Chang Junyi gritted his teeth and urged, sweating profusely.
Yan Shouyi frowned in thought.
The current situation is very unfavorable to him, and the balance of victory and defeat has tilted.
It can even be said that Yan Shouyi has lost ground on the battlefield of causality.
How difficult it is to regain the position.
It can even be said to be almost impossible.
Yan Shouyi's mind was running fast, and soon his eyes lit up.
Since there is no way to regain the position, then simply give up and outflank from the side!
Thinking of this, Yan Shouyi immediately said:
"Even if there is a causal relationship, it does not mean that our party needs to bear criminal responsibility!"
"Because it can't help but depend on the objective facts, but also on our client's subjective state of mind regarding the behavior and outcome."
"In this case, our client was only trying to earn money for a living, and he did not have the subjective malice of intentionally causing death."
"The death of the victim was caused by other unforeseen reasons, which is an accident!"
It is still the same old way, avoiding the important and taking the light.
But he wanted to use "accidents" to excuse the defendant, which is obviously not that simple.
Hearing these words, instead of feeling troubled, the public prosecutor grinned.
Yan Shouyi made a fatal mistake!
And this mistake made this trial no longer suspenseful.
The public prosecutor got up and said: "Since the defender has admitted the existence of causality, that means, he admits that the harmful result (death of the victim) is related to the harmful behavior (the defendant's cyberbullying)!"
"In this case, what does it matter if the defendant has subjective malice?"
"If there is no subjective malice, then there is no need to bear criminal responsibility, so don't you need to bear responsibility if you accidentally hit someone to death with a car, and don't you need to bear responsibility if you accidentally kill someone with a high-altitude throwing object?"
Yan Shouyi's face suddenly changed.
He realized he had made a very stupid mistake!
"Even if there is no subjective malice, at least the defendant was negligent, and this negligence caused the death of others, which is suspected of the crime of negligent death!"
The prosecutor snorted coldly.
Of course, the so-called crime of negligent death is difficult to establish in this case.
For this sin is a negligent crime, including negligent negligence causing death and overconfident negligence causing death.
The former means that the perpetrator should have foreseen that his actions may cause the death of others, but due to negligence, he did not foresee, resulting in the death of others. "
The latter means that the perpetrator has foreseen that his behavior may cause the death of others, but due to credulity, he can avoid causing the death of others.
In this case, however, neither of these negligence was established.
The defendants really had no way of predicting that their actions would cause Chen Yaping's death, so the crime of negligent death would not be established.
The public prosecutor mentioned this charge only as an excuse to further suppress the defender's point of view!
Yan Shouyi frowned, feeling powerless.
If there is a difference in chess, the whole game is lost.
This trial has been lost.
Yan Shouyi let out a long sigh.
But no matter what, it is not his style to give up easily.
Even if the hope is slim, we still have to try our best.
"I think……"
Yan Shouyi was still making his last effort, but he also understood that this was just a dying struggle.
The public prosecutor continued to expand its advantages and established a victory.
This court debate has almost shown a one-sided situation.
"Boom-"
Finally, the judge sounded the gavel and ended the court debate.
"Defendant, please make your final statement."
At ten o'clock in the morning, Yuncheng Intermediate People's Court, the first criminal division.
Online class B solved a case, and the trial will be held here.
"1. Without the permission of the court, no audio recording, video recording or photography is allowed;"
"2. Except for those who are allowed to enter the trial area due to work needs of the court, no other personnel are allowed to enter the trial area;"
"3. Do not applaud, make noise, make noise, or implement other behaviors that hinder trial activities, and are not allowed to speak or ask questions without the permission of the presiding judge;"
"4. The bailiff has the right to stop..."
The clerk read the court discipline.
Then the presiding judge and judges in robes entered the court one by one and stepped onto the platform.
"Boom-"
The judge stood high above the legal platform, knocked on the gavel, glanced at it and said in a deep voice: "Today, in accordance with the provisions of Article 290, Article 240, and Article 360 of the Criminal Law, the Criminal Tribunal of the Yuncheng Intermediate People's Court is open to the public in accordance with the law. Hearing the case of the defendants Hao Qiang, He Zhengyi, Chang Junyi, Cai Xu and other 76 people who broke through the online class B to death."
"I will serve as the presiding judge and form a collegial panel according to law."
"Now, the court is officially open!"
"Because of the special circumstances of this case and the large number of defendants involved, the trial mode is adopted in batches, and the No.1 defendant will be brought to court first!"
After the words fell, the left front door of the trial court opened.
A defendant walked into the trial court with his head drooping under the escort of the bailiff.
It is the defendant with the most crimes in this case - Chang Junyi!
With yellow hair on his head, he was thin and frightened.
He is only 19 years old. Although he is an adult, he is actually a half-grown child. He looks very arrogant on weekdays. He looks at people with his nostrils wherever he goes, as if he is the third child.
But after walking into the trial court, his legs were weak.
If it weren't for the support of the bailiff, I'm afraid he might not have been able to get to the defendant's seat smoothly.
As for the remaining defendants in this case, they are all in the waiting room at the moment, guarded by the bailiffs, and they can see the situation of the trial scene through the big screen in front of them.
Although they didn't appear in court for the time being, they all stared nervously at the screen of the trial, their hearts fluttered and they panicked.
Chang Junyi was the first defendant to appear in court, and his trial results can basically determine the next trial of other defendants.
Because the most critical point of controversy in this case is whether there is a legal causal relationship between Chen Yaping's death and the actions of the blasters!
If the lawyer successfully refutes the prosecutor's claim and proves that this causal relationship does not exist, the sentences of all the defendants in this case will be greatly reduced.
After all, the crime of picking quarrels and provoking trouble and causing death by picking quarrels and provoking trouble are two completely different concepts, and the sentencing is very different.
Even most people will not meet the standard of criminal conviction, and will only be detained or fined according to the relevant provisions of the Public Security Management Punishment Law.
However, if it is proved that a causal relationship exists, it means that all defendants need to bear legal responsibility for Chen Yaping's death.
This is obviously the last thing they want to see.
So at this moment, it seems that only Chang Junyi is in court, but in fact, the result of this trial has affected the hearts of all the defendants.
"Woooooooo..."
Suddenly there was a burst of crying from the crowd.
Some people were crying with fear.
Fear spread like a tide, and more and more people began to sob, and even a girl sat there crying loudly.
It is completely two extremes to show off their might and domineering appearance on the Internet.
But the surrounding bailiffs showed no sympathy.
These people deserve it!
In the courtroom, in the auditorium.
"This lawsuit is not easy to fight. I heard that the defendant's lawyer is very powerful and well-known in Yuncheng."
Jiang Bai whispered to Luo Daxiang next to him.
He knew that the key to this trial was the determination of causality.
And this is actually difficult.
Because this is a relatively general, or rather imaginary concept, it is impossible to say that the prosecutor "snap" some evidence to determine the existence of a causal relationship.
There are too many places to play and wrestle with.
And the defendant's lawyer, Yan Shouyi, is also a well-known lawyer in Yuncheng. I heard that he has a high winning rate and his ability is naturally good.
Jiang Bai was really worried that the trial would fail.
Hearing this, Luo Dazhuang said with a faint smile, "Aren't you curious about where I went last night?"
"Luo Dazhuang, don't be a fool, just tell me." Jiang Bai urged.
Luo Dazhang clapped his hands and smiled: "I used to take many students during the practice test training. Some of them became lawyers, some entered the court, and some worked in the procuratorate."
"It just so happens that there is a student of mine in the Yuncheng Procuratorate, and it just so happens that he is the prosecutor of this case."
"I just went to his house as a guest last night."
Hearing this, Jiang Bai immediately grinned and gave Luo Dazhuang a thumbs up.
It turned out that Luo Dazhuang had given advice to the prosecutor long ago, so there is nothing to worry about in this trial, you just need to watch the show.
While the two were talking, the public prosecutor stood up and read out the indictment.
"XXX People's Procuratorate Criminal Indictment..."
"The victim in this case, Chen Yaping, is a second-year language teacher at Yuncheng No. [-] Middle School... Since the Xth of this month, unknown people have joined Teacher Chen Yaping's online classes. Destroy and seriously insult Teacher Chen Yaping."
"Chen Yaping has tried to persuade these unknown people many times, but to no avail. Instead, these people have intensified."
"During the online class on X, X, they destroyed the online class and insulted Teacher Chen Yaping even worse, causing Chen Yaping to have a sudden myocardial infarction. After being sent to the hospital, rescue failed, and she was confirmed dead at 18:34."
"The victim's family reported the case to the Yuncheng Public Security Bureau on X, X, and the investigation of this case was concluded by the Yuncheng Public Security Bureau, and it was transferred to this court for review and prosecution."
"This court believes that the defendant's behavior has violated the provisions of Articles 290, 240, and 360 of my country's Criminal Law, and has constituted the crime of picking quarrels and provoking trouble, the crime of defamation and insult, and the crime of disseminating obscene articles, and the circumstances are extremely serious!"
"According to the provisions of the Criminal Procedure Law, a public prosecution is initiated."
"The claim is as follows:"
"The criminal defendant Chang Junyi was sentenced to 15 years in prison for the crimes of picking quarrels and provoking troubles, insulting and disseminating obscene articles according to the law... He Zhengyi was sentenced to 12 years in prison according to the law... Sentence criminal defendant Hao Qiang to ten years..."
The public prosecutor's voice was powerful and powerful, resounding through the huge courtroom.
The proposed sentencing of the 76 defendants was announced in turn.
Among them, Chang Junyi was the one with the heaviest sentence. Three layers of buffs were superimposed, and he was punished for several crimes. The sentence directly reached an astonishing 15 years!
The second place is "Justice from Heaven" He Zhengyi.
As the group owner of the blasting group, and the organizer of the online course B-breaking behavior, and for the purpose of profit, he also has a lot of buffs, and 12 years is definitely not wronged.
Others bear different sentencing according to their respective roles and roles in the joint crime.
Generally speaking, the public prosecutor's sentencing opinions on the defendant are generally biased.
For example, a defendant's sentence is considered reasonable within the range of 5 to 7 years. In this case, the public prosecutor will basically recommend that the judge sentenced him to seven years.
After all, this case is not an ordinary criminal case. It is no exaggeration to say that it has reached the point where people and gods are indignant.
Heavy sentence, no problem.
The only one whose sentencing opinion is not serious is Cai Xu. After all, he is not yet an adult, so he will definitely have some advantages. The sentencing recommendation is only five years.
Cai Xu is definitely the main force in the online class B break. It seems that all the anger he received in school has been vented on Chen Yaping. If he is two years older, the sentencing recommendation will be at least seven years!
Originally, Hao Qiang could also get this special treatment, but who made him meet an idiot mother, and he was also an idiot, not only closed the door to commutation, but also welded the windows to death.
The public prosecutor gave him a sentencing opinion of ten years in prison!
This is already the maximum sentence for causing death by picking quarrels and provoking trouble.
Of course, this is only the prosecutor's request and sentencing opinion.
As for the final sentence, it still depends on the opinions of the judges and judges.
Nearly one-third of the defendants received a sentencing recommendation of probation, some with three probation for five, and some with two probation for three.
The lightest punishment is a sentence of one sentence suspended.
This guy only had one online class B break, and quit after playing a song in class, and never appeared again.
According to what he said, it was because of his conscience that he couldn't bear it. Not only did he not make trouble again, but he also quit the group immediately and bid farewell to this industry.
What the police learned after the investigation is also consistent with what he said.
Among the 76 defendants, he was one of the few who still had a conscience.
He played a small role in the joint crime, terminated the crime in time, and had a very good attitude of repentance, so he won a valuable opportunity to reduce his sentence.
But the punishment still has to be punished.
Putting down the butcher knife and becoming a Buddha instantly only exists in the story.
In reality, you have to accept the trial even if you put down the butcher knife.
How can there be such a good thing.
After the public prosecutor read out the indictment, the judge looked at the defendant's seat: "Defendant, are the causes of action and claims mentioned by the public prosecutor consistent with the copy of the indictment you received?"
"One... unanimous."
Chang Junyi nodded slowly, and responded with a shy voice.
The judge then asked: "Do you have an opinion on this?"
"Have!"
Chang Junyi couldn't wait to start defending himself: "I admit that I insulted the victim, and I did broadcast some bad things in the online class. I admit all of this!"
"But I absolutely do not admit that the victim's death has anything to do with me!"
"She is thousands of miles away from me, and I'm not a god, so how can she be blamed on me when she dies!?"
"If you have to be responsible for someone's death just because you swear a few words online, who will dare to go online in the future? Who will dare to post a few words on the Internet?"
Chang Junyi's face flushed red and he was extremely agitated.
He was speaking strictly according to Yan Shouyi's instructions.
Yan Shouyi's basic strategy in this trial is to defend the misdemeanor.
Admit the crime, but deny that there is a legal causal relationship with the victim's death!
In this way, the crime can be greatly mitigated.
Taking Chang Junyi as an example, if causality exists, his sentence is 15 years, but if it does not exist, then his sentence may be less than five years!
The difference is not that big.
That's why Chang Junyi was so nervous and excited.
Of course, the specific expressions must be exquisite. Words like "what kind of teacher is poor in mental quality" and "maybe she has a disease" can make people's blood pressure soar after hearing it, and they must not be said in the trial court.
Otherwise, it is really "suicide".
But even so, Chang Junyi's words instantly angered Fang Jian and his son and other relatives of Chen Yaping.
"What are you farting! You killed a human life, and you still want to get rid of the responsibility?"
"You are a murderer, don't try to wash yourself away!"
"My daughter is in very good health. If it wasn't for the constant scolding by you bastards, how could she die, how could she die!!!"
"..."
The families of the victims were outraged.
Chen Yaping's brother even stood up excitedly from the auditorium and rushed towards the defendant's seat.
The bailiff quickly dispatched and stopped him.
"Boom!"
The judge struck the gavel and said in a deep voice, "Please pay attention to the order of the courtroom. No noise is allowed, let alone beating anyone! Defendant, you continue."
Chang Junyi swallowed his saliva and said: "I am deeply sorry and sorry for the victim's death, but this account really can't just be held on my head so abruptly."
"I didn't mean anything malicious, I just wanted to earn some pocket money. The group said that as long as I went in and scolded a few words, I would get money, so I went."
"I really didn't want to kill anyone, and I didn't expect anyone to die. This really has nothing to do with me. You can't just charge me as a murderer."
Although bearing countless murderous gazes, Chang Junyi still bit the bullet and insisted on his proposition.
These were also taught by Yan Shouyi.
The focus of today's trial is the determination of causality.
What Chang Junyi has to do is to deny it from his own perspective.
As for debates and confrontations at the legal level, that is strictly a matter of righteousness.
After Chang Junyi's statement was over, the judge said solemnly: "Since the defendant did not admit that it was related to the victim's death, the next court investigation will focus on causality."
"Next, both parties are asked to present evidence to cross-examine."
"Prosecutor, do you have any evidence to present?"
"Have."
The prosecutor nodded and began to present evidence.
The first thing to show was the broken screen recording files of several online courses B related to Chang Junyi, which clearly showed how Chang Junyi insulted Chen Yaping.
Yan Shouyi did not refute this evidence.
Nor is his focus here.
Then, the public prosecutor presented the report issued by the hospital.
There are several key information in the report: Chen Yaping is in good health, has no history of myocardial infarction, the time of myocardial infarction that day, time of death, etc.
"Defendant, what objection do you have to this evidence?" asked the judge.
Chang Junyi looked eagerly at the lawyer beside him.
Yan Shouyi did not remain silent this time. He gave him a reassuring look, stood up and said, "I have no objection to the authenticity, legality and relevance of the evidence, but I do not approve of its strength."
"The evidence from the public prosecutor can only prove that the victim died of a myocardial infarction for the first time, but it does not prove that there is a causal relationship between her death and our client's behavior!"
"You should know that our client is only a 19-year-old child. Although he is an adult, he is legally a 'full criminally responsible person', but after all, he is still young, inexperienced, and social experience is not rich enough."
"And I learned that at the time of the incident, he was in a state of running away from home, wandering alone, with no source of income, and he just wanted to survive in this way, and he definitely did not have too strong subjective malice."
"The behavior of our client does constitute the three charges mentioned in the indictment, but he just wants to live, and we cannot rudely attribute all the consequences to him."
"This is not only unfair to our client, but also fails to reflect the legal spirit and humanistic care of our country!"
It has to be said that Yan Shouyi is indeed a bit level, not only questioning the evidence submitted by the public prosecutor, but also directly elevating the topic to another level.
He admitted that the evidence could prove the three charges, but questioned its strength of causation.
This is a very clever cross-examination strategy-avoid the important ones!
Acknowledge what is best for you and refute what is worst for you.
From a legal point of view, there is nothing wrong with his defense, but from a moral and personal emotional point of view, his speech is unacceptable!
"What nonsense are you talking about! My sister was killed by them and you are still helping them get rid of the crime, I am!"
"What kind of shitty lawyer are you, you really don't want any conscience for making money, don't you?"
"Scum! Beast!"
"Can you take this bad money with peace of mind? Can you sleep at night!"
"..."
Many family members of the victims were extremely excited, and they all spoke out to criticize Yan Shouyi severely.
The entire courtroom became noisy.
In their view, Yan Shouyi is a black-hearted lawyer who speaks nonsense with his eyes open for money, has no bottom line, and has no humanity!
"Boom!"
The judge sounded the gavel again to maintain order and gave a warning.
Then the prosecutor rose to speak.
"I don't agree with the defender's point of view. Is it possible to commit a crime because you have no financial resources and want to survive? Can you infringe on the rights and interests of others?"
"According to this logic, can thieves and robbers also be forgiven?"
"The law is the bottom line that restrains people's behavior. If even the bottom line of the law can be broken at will, then this society will be completely in chaos!"
The prosecutor strongly refuted Yan Shouyi's point of view, before he could speak, he continued:
"As for the defender's disapproval of the strength of this evidence, well, let me explain now how this evidence proves that there is a causal relationship between the victim's death and the defendant's behavior!"
"First of all, we need to make it clear that the causal relationship in criminal law refers to the connection between a harmful act and a harmful result that causes and is caused."
"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."
The prosecutor took a deep breath and began to make his point.
"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."
"From this evidence, we can see that the victim was in good health and had no hidden dangers. If it hadn't been for the 21 days of cyber violence, she is still alive and healthy!"
Yan Shouyi frowned slightly, with an ominous premonition in his heart, he quickly raised his hand and said, "Objection!"
"What the public prosecutor said does not prove the existence of a causal relationship. Even if the victim had no history of myocardial infarction and no other hidden dangers, it cannot prove that her death was related to the breach of online class B."
The public prosecutor smiled and said calmly: "Your Excellency, the public prosecutor has applied for a witness to appear in court."
"agree."
Soon, witnesses appeared in court.
He is a middle-aged man in his 40s, wearing a pair of glasses, and looks very refined.
Still holding a document in his hand.
After stepping onto the witness seat, he bowed slightly in the direction of the court, and then held the document in both hands and began to read aloud: "I am the witness Du Mingli, and I have clearly understood the rights of witnesses, the obligation to testify truthfully, and the legal consequences of violating obligations..."
After reading the content of the bond, the bailiff handed it over to the judge.
The judge took a look, and finally there was the witness's autograph.
Then said: "Prosecutor, you can now question the witness."
The public prosecutor nodded, looked at the witness and began to ask questions: "Witness, may I ask your occupation and relationship with the victim."
"I am the chief physician of the Department of Cardiology at XX Hospital, and the relationship with the victim is that of a doctor and a patient."
"On X of this month, our hospital received a patient with a sudden myocardial infarction. It was Chen Yaping, the victim of this case. I participated in the treatment. Unfortunately, I still couldn't save her life."
Speaking of the latter, Du Mingli's voice became deep and deep.
As a doctor, seeing patients die in front of their eyes is not a good feeling.
The public prosecutor then asked: "What was the cause of the victim's death?"
"Cardiogenic shock!"
Du Mingli said solemnly: "When the patient was sent to our hospital, he had already suffered from a large area of acute myocardial infarction, which resulted in a significant decrease in myocardial contractility, myocardial ischemia, and insufficient blood supply to other important organs, which led to shock and death."
The public prosecutor asked again: "So, what factors caused the victim's sudden myocardial infarction?"
Du Mingli said: "There may be many reasons for myocardial infarction, such as previous heart disease, smoking, diabetes, abnormal blood sugar, overweight or obesity, unreasonable diet, emotional agitation, weather changes, etc."
"The cause of the victim's sudden myocardial infarction was a sudden emotional change in a short period of time."
"I've also heard about this case. She is definitely the group of animals who were broken by the online class B and had a heart attack!"
As he said that, Du Mingli gave Chang Junyi a hard look at the defendant seat.
It can be seen that he is also a man of temperament.
"I'm done asking my questions." The public prosecutor finished asking questions and sat down slowly.
It is enough to have these.
The judge looked at the defendant's seat: "Does the defense have any questions for the witnesses?"
Yan Shouyi immediately said: "Witness, you need to know that your testimony may directly affect the punishment faced by the defendant in this case. May I ask, how can you say with certainty that the victim's sudden myocardial infarction was caused by emotional fluctuations?"
The latter glanced at him, "Just because I am the best cardiovascular physician in Yuncheng, and I was also involved in rescuing the victim!"
"I am definitely the person who knows her situation best, and I can take responsibility for my words!"
"This lawyer, you are professional in law, but I am professional in the field of medicine. I hope you will not question a professional doctor from the perspective of a layman!"
Although Du Mingli's words were arrogant, they were also true.
Looking at the entire Yuncheng, there is really no other doctor who is more authoritative than him in cardiovascular medicine.
Even looking at the whole country, he is a top existence in this field.
Du Mingli's words were so direct that Yan Shouyi had nothing to say.
The witness then withdrew.
"What the witness just said proves the objectivity of the causal relationship."
The prosecutor went on to state:
"Second, the time series of causality."
"The so-called time sequence means that the harmful behavior occurs first, and the harmful result occurs later."
"The reason for the harmful result is hidden in the previous harmful behavior!"
"The witness just now proved that the direct cause of the victim's death was a myocardial infarction, and the cause of her sudden myocardial infarction was emotional agitation."
"At the time of the sudden myocardial infarction, the victim was taking online classes, and it was during the online class that a harmful behavior occurred, which is the so-called online class B break!"
"I have every reason to believe that it was the breach of the online course B that caused the victim's mood to fluctuate violently, which led to a sudden myocardial infarction and finally died!"
The public prosecutor's voice was loud and impassioned: "This proves that the time sequence of causality exists."
"At the same time, objectivity and causal sequence also corroborate each other!"
Yan Shouyi's face has become very ugly.
He didn't expect the public prosecutor to be so well prepared and so sharp!
Let him find no point to refute.
"Third, the necessary connection of causality."
The prosecutor continued speaking after a short pause.
"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."
"In this case, the defendant's behavior caused the victim's heart attack, and the heart attack caused the victim's death. There is an inevitable connection between them."
"In summary……"
The public prosecutor breathed a sigh of relief, and concluded in a deep voice: "There is a causal relationship in criminal law between the death of the victim and the behavior of the defendant in this case."
"We can even say that the victim died because of the defendant! He is responsible for the victim's death!"
These words are resounding.
Like a heavy hammer, it hit Chang Junyi's heart hard, and it also hit the hearts of other defendants in the waiting room.
Yan Shouyi twisted the word "Chuan" between his brows, and secretly said trouble.
The prosecutor's attack was so fierce that he was caught off guard.
"Lawyer Yan, hurry up and refute him!"
Chang Junyi gritted his teeth and urged, sweating profusely.
Yan Shouyi frowned in thought.
The current situation is very unfavorable to him, and the balance of victory and defeat has tilted.
It can even be said that Yan Shouyi has lost ground on the battlefield of causality.
How difficult it is to regain the position.
It can even be said to be almost impossible.
Yan Shouyi's mind was running fast, and soon his eyes lit up.
Since there is no way to regain the position, then simply give up and outflank from the side!
Thinking of this, Yan Shouyi immediately said:
"Even if there is a causal relationship, it does not mean that our party needs to bear criminal responsibility!"
"Because it can't help but depend on the objective facts, but also on our client's subjective state of mind regarding the behavior and outcome."
"In this case, our client was only trying to earn money for a living, and he did not have the subjective malice of intentionally causing death."
"The death of the victim was caused by other unforeseen reasons, which is an accident!"
It is still the same old way, avoiding the important and taking the light.
But he wanted to use "accidents" to excuse the defendant, which is obviously not that simple.
Hearing these words, instead of feeling troubled, the public prosecutor grinned.
Yan Shouyi made a fatal mistake!
And this mistake made this trial no longer suspenseful.
The public prosecutor got up and said: "Since the defender has admitted the existence of causality, that means, he admits that the harmful result (death of the victim) is related to the harmful behavior (the defendant's cyberbullying)!"
"In this case, what does it matter if the defendant has subjective malice?"
"If there is no subjective malice, then there is no need to bear criminal responsibility, so don't you need to bear responsibility if you accidentally hit someone to death with a car, and don't you need to bear responsibility if you accidentally kill someone with a high-altitude throwing object?"
Yan Shouyi's face suddenly changed.
He realized he had made a very stupid mistake!
"Even if there is no subjective malice, at least the defendant was negligent, and this negligence caused the death of others, which is suspected of the crime of negligent death!"
The prosecutor snorted coldly.
Of course, the so-called crime of negligent death is difficult to establish in this case.
For this sin is a negligent crime, including negligent negligence causing death and overconfident negligence causing death.
The former means that the perpetrator should have foreseen that his actions may cause the death of others, but due to negligence, he did not foresee, resulting in the death of others. "
The latter means that the perpetrator has foreseen that his behavior may cause the death of others, but due to credulity, he can avoid causing the death of others.
In this case, however, neither of these negligence was established.
The defendants really had no way of predicting that their actions would cause Chen Yaping's death, so the crime of negligent death would not be established.
The public prosecutor mentioned this charge only as an excuse to further suppress the defender's point of view!
Yan Shouyi frowned, feeling powerless.
If there is a difference in chess, the whole game is lost.
This trial has been lost.
Yan Shouyi let out a long sigh.
But no matter what, it is not his style to give up easily.
Even if the hope is slim, we still have to try our best.
"I think……"
Yan Shouyi was still making his last effort, but he also understood that this was just a dying struggle.
The public prosecutor continued to expand its advantages and established a victory.
This court debate has almost shown a one-sided situation.
"Boom-"
Finally, the judge sounded the gavel and ended the court debate.
"Defendant, please make your final statement."
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