If you buy fake goods online, you will buy 100 million more!

Chapter 79 We have to admit that there is a gap between people

Chapter 79 We have to admit that there is a gap between people
Familiarity with legal provisions is only the minimum standard for entry into the legal profession, and many law students with excellent grades can do it.

A qualified lawyer can only be regarded as a qualified lawyer who applies legal provisions proficiently and accurately in examples.

An excellent lawyer can only be considered as an excellent lawyer if he adapts to the situation during the trial, flexibly changes his defense ideas, catches any small mistake of the opposing lawyer, launches a counterattack, expands his advantage, and secures the victory.

And the truly brilliant and powerful top lawyers, industry giants, can not only control their own defense rhythm, but also make the opposing lawyer follow his rhythm without knowing it, and even fall into the "trap" he set .

There is no doubt that Zhang Wei can be regarded as an excellent lawyer, but his opponent is a real industry leader!
Sometimes we have to admit that there is a gap between people.

Zhang Wei was just a little negligent, and the advantage established in the early stage collapsed in an instant.

Sweat had begun to form on his forehead.

Quickly began to remedy: "I don't mean to say that those who are brave enough to do justice are willing to take risks, but I just want to express a point of view."

"When we act bravely in righteousness, we must also protect our personal safety. On the premise of ensuring our own safety, we must act bravely in righteousness. In other words, what I advocate is 'justice and wisdom'."

"Human life is precious and equal. I admire and support those who act bravely, but at the same time, I also hope that these heroes can protect themselves."

Luo Dazhang smiled slightly.

Zhang Wei's remedy can only prevent the situation from deteriorating, but it will not make things better.

The judge and jurors had already formed an impression in their minds because of his speech just now.

He lost a big point!
Zhang Wei naturally knew this too, so he quickly skipped this topic and began to reorganize his defense ideas:

"After the incident, the plaintiff reported the case to the Changhe Street Police Station. The police station immediately launched an investigation and summoned the two defendants back. They conducted multiple investigations and collected evidence from multiple angles. The procuratorate intervened in the investigation stage in advance to guide the evidence collection work."

"After the case was transferred to the procuratorate, the procuratorate attached great importance to the case and held a hearing on whether to prosecute the defendant, which was attended by the investigative agency, the prosecution agency, and people from all walks of life, and the whole process was recorded and videotaped."

"In the end, the procuratorate made a decision not to prosecute. In my opinion, the procuratorate's determination of the case is in compliance with the law, and there is no violation of procedures or entities."

"Your Excellency, please consider this fact, and judge that our party's intentional homicide is not established."

In every case of public prosecution, the public security organs and the procuratorate will make a decision after careful investigation and collection of evidence, whether to prosecute, what charges to prosecute, and the specific claims.

Generally speaking, public prosecution cases are well-documented, and basically there will be no reversal.

The defense lawyer can only start with reducing the sentence and try to help his client reduce the sentence.

Conversely, the procuratorate has already made a decision not to prosecute. Isn't this enough to prove that the defendant is not guilty of the crime?
Therefore, when the public prosecution is transferred to a private prosecution case, usually, it will be dismissed due to insufficient evidence or other reasons at the stage of filing the case.

Even if the case is filed, the final result is very likely that the defendant will be acquitted and released in court.

This case is a case that the procuratorate did not prosecute.

Neither the public security organ nor the procuratorate considered it to be an attempted intentional homicide. Why do you want to sue for this crime?
Do you think you are more professional than the public security organs and the procuratorate?
A little more conspiracy theory, are you talking about the inaction of the public security organs and the procuratorate?Created an unjust, false or wrongly decided case?

Facing Zhang Wei's attack, Luo Dazhuang was very calm.

In his opinion, Zhang Wei is nothing more than a cornered beast.

The winner of this trial has already been decided.

As soon as Zhang Wei finished speaking, Luo Dazhuang stood up slowly, Wang Zhi glanced at him contemptuously, and said, "I object! I object to the defense lawyer's argument!"

"Article [-] of the Civil Procedure Law explains the principle of taking facts as the basis and law as the yardstick."

"Basing on facts means avoiding subjective one-sidedness. The facts of the case must be determined in accordance with legal procedures, and the evidence provided by the parties must be carefully and comprehensively reviewed. After cross-examination and debate by both parties, the court will review the truth before it can be used as the basis for deciding the case!"

"Using the law as the yardstick means using the law as an objective criterion to distinguish right from wrong. You can't use words to replace the law, use power to replace the law, and you can't make subjective assumptions!"

"The transfer of public prosecution to private prosecution is in accordance with legal procedures, and this is also the legitimate right enjoyed by the plaintiff!"

"The procuratorate has their own considerations in not prosecuting, but where is this?"

Luo Dazhang's words were sonorous and resounding: "This is the criminal court!"

"Since the case has been filed and a trial has been held, the results of the trial should be used to judge whether the charges are guilty, not others."

Chen Zhonghan nodded slowly: "The plaintiff's lawyer's objection is valid, and the defendant's lawyer, please don't pay attention to things other than the case."

"Ok."

Zhang Wei nodded helplessly.

He then defended himself on the grounds of criminal motive.

After all, the two sisters Liu Yiyi and Liu Feifei didn't have any intersection with Jiang Bai, let alone grievances.

Moreover, the two sisters have no criminal record, they are just two ordinary social animals.

No matter how you look at it, there is no criminal motive for their intentional killing.

But Luo Dazhang also said that not all murderers have clear criminal motives, such as passionate killings, they may not have any psychological preparations before committing crimes, but under certain circumstances, the desire to commit crimes arises. Thoughts, and crimes...

Moreover, Luo Dazhuang also analyzed and interpreted the situation on the spot.

For example, when Jiang Bai came ashore, the two defendants did not provide any assistance, which is "letting the danger happen"...

For example, the pet dog bit Jiang Bai in the water, and the two defendants did not take any remedial measures. What if they contracted rabies?
The situation is very unfavorable for the two sisters Liu Yiyi.

two hours later.

"Boom!"

The court debate is over.

Chen Zhonghan looked at Jiang Bai: "The plaintiff, please make a final statement."

Jiang Bai stood up, bowed deeply to the judge, and said, "I just hope that your lord judge and all the jurors can uphold justice for me, thank you."

"The defendant is invited to make his final statement."

"Gudu!"

Liu Yiyi swallowed hard, and looked at Zhang Wei in fear.

She also knew that the situation was not optimistic about her, so she panicked a lot now.

Zhang Wei sighed, lowered his voice and said, "Do the statement according to what I told you."

He has tried his best.

This time there is no pig teammate holding back, it is completely a gap in strength.

Liu Yiyi's heart sank, and her heart jumped up.

She became short of breath, and said with trembling lips: "I, I have deeply realized my mistake...I sincerely apologize to the plaintiff, and I am willing to make compensation, and ask the plaintiff for forgiveness...I solemnly promise that I will never dare to If you commit a crime again, you will definitely start a new life... I beseech you, the judge, and all the jurors, please be merciful..."

After Liu Yiyi stammered and finished her statement, it was her younger sister Liu Feifei who made the statement.

Liu Feifei was even more flustered, trembling the whole time.

After the statement of the two defendants.

Chen Zhonghan sounded the gavel and the court adjourned for one hour.

At one o'clock in the afternoon, the court reconvened and the verdict was announced.

Then the bailiff stepped forward and took the two defendants with weak legs to the detention room for temporary custody.

This period of waiting for the verdict is extremely difficult for them.

The seconds seem like years.

But Jiang Bai was more relaxed, and he even happily showed off three bowls of white rice.

And in response to a recent hot news, I discussed with Luo Dazhuang that "it can be copied but not copied".

"Luo Dazhuang, haven't the results of the college entrance examination been announced recently? Have you noticed any news?" Jiang Bai looked at Luo Dazhuang who was sitting across from him, and said with a smile: "It means that there is a candidate who took the college entrance examination for three consecutive years. They were all admitted to Peking University and earned 200 million.”

"Now there is a lot of discussion on this behavior on the Internet, and it has also caused quite a bit of controversy."

"Luo Dazhuang, do you think his behavior has the risk of breaking the law or committing a crime?"

Luo Dazhang said indifferently: "I read the news. The candidate cannot be convicted of a crime in criminal law."

"First of all, the crime of substituting for the exam is not established, because he did not let others take the exam instead of himself, nor did he take the exam for others."

"Secondly, the crime of impersonation cannot be established. The crime of impersonation refers to the misappropriation or fraudulent use of another person's identity to replace the higher education admission qualifications, civil servant recruitment qualifications, education placement treatment, etc. that others have already obtained."

"This candidate used his real name for the three college entrance examinations, and he has no criminal facts."

Luo Dazhang said with a smile: "There is no law that stipulates that you must go to Peking University if you are admitted to Peking University, and there is no law that stipulates that you cannot change schools and repeat your studies."

"This is a matter of wishing the school and the candidates a wish to award, and a wish to take the exam. Candidates also make money by their own abilities."

"Is there a problem with this? There is no problem!"

Jiang Bai nodded slowly, and laughed at himself: "This dude is really good. If it were me, not to mention the different exam questions for three years, even if I was given the same college exam questions for three years, I would not be confident. Can be admitted to Peking University."

Luo Dazhang glanced at him, and said calmly: "Jiang Bai, you have to admit that the gap between people is sometimes bigger than the gap between humans and small animals."

Ginger white: o_o
During the chat between the two, time passed by.

Soon, the court reopened.

 Thanks (Da Xinzi, book friend 20170219112225999, Wenren Muyu) for the reward, thank you~
  
 
(End of this chapter)

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