You became a lawyer and sent the judge in

Chapter 124 Interrogate the prosecution, judge the result!

On the bench seat.

Trial Jiang Hetao simply sorted out the trial materials of this case.

For this case, I already have a certain judgment in my heart.

There is no doubt.

Avoid unjust, false and wrongly decided cases.

No matter what the other judges think, but here he is.

The legal definition of never suspecting a crime must be complied with.

After circling the trial scene, the trial of Changjiang Hetao sounded the gavel.

dong dong!

"The trial has reached its final stage. None of the parties raised objections to the final question of the plea in the trial."

Boom!
"Now, please both parties, let's start the court presentation."

Jiang Hetao set his sights on the prosecution seat.

"The prosecution, please, begin its presentation."

Lu Hongmei took a deep breath, knowing that this is the most critical moment!

court presentation stage.

This is what she is best at, what she is best at!

In many cases with subjective judgment, she used this final court statement to succeed...
The Jedi's comeback depends on the court statement.

At this time, Xu Qing was on the sidelines, and handed over the content of the court statement prepared in advance to Lu Hongmei.

Looking at the materials in her hand, Lu Hongmei held her breath and said slowly:
"Presiding judge, our court statement is as follows..."

"In this case, apart from the statement of the party concerned, Wang Mingxuan, there is no evidence to prove Wang Mingxuan's subjectivity.

Moreover, the party concerned cannot use the party's confession as evidence of exculpation. "

"Further."

"Because the perpetrator, Lin Xiu, is a woman who just came out of society, she is more repulsive to men, and similar bad incidents have happened many times before."

"For example: the killing of a certain woman by a certain driver."

"As a result, Lin Xiu, the perpetrator, panicked."

"This resulted in Lin Xiu's actions and behaviors of wanting to jump off the car."

"What's more, Wang Mingxuan had already foreseen Lin Xiu's panic, and before Lin Xiu was about to jump off the car, he leaned out of the car window. Wang Mingxuan had obviously noticed it, but he didn't stop it..."

"Why didn't he stop it? Does he think that Lin Xiu has no possibility of jumping off the car?"

"Don't he know what the consequences will be if something unexpected happens?"

"Can he produce evidence to prove his innocence?"

"cannot!"

"Through subjective inference, Wang Mingxuan bears some responsibility for Lin Xiu's crimes, and there is a possibility of foreknowledge, but he clearly knows that he cannot say that the foreknowledge has serious consequences, which led to no evidence found from his confession... "

Su Bai:? ? ? ?

When hearing this passage, Su Bai twitched the corner of his mouth.

Do you have any prejudice against the current law enforcement?
I won't mention the previous messy things that don't matter.

Just to say the last point -

Wang Mingxuan knew clearly that he couldn't say that he had foreseen the seriousness of the consequences, so that's why he didn't ask any effective clues?

To put it bluntly... the general meaning is that Wang Mingxuan knew that he would be judged if he predicted that Lin Xiu would jump off the car, so he chose not to say it.

hiss.…

Do you know what you're talking about...?

You used inducing questions to ask Wang Mingxuan just now...
If it weren't for the interruption, Wang Mingxuan might have fallen into your leading questions.

This incident has become such a big issue, and the outside world has been buzzing about it. The law enforcement must investigate the facts before they can draw a certain conclusion.

You are now stating in the court statement that Wang Mingxuan, an ordinary person, can withstand inquiries from law enforcement...?

what are you talking about...
Go in and try to see if you can withstand the pressure of inquiries from top criminal investigators?

It's far from the big picture... You have a hand in subjectively framing.

Now is the stage of Lu Hongmei's court statement, Su Bai did not interrupt.

Lu Hongmei continued to speak:
"As a woman, the perpetrator has certain disadvantages. Jumping off the car and dying is a forced behavior. This incident has caused a huge social impact. What is the reason? The reason for the huge social impact is that women's The rights are not guaranteed, and the demands are not met, resulting in a situation."

"I hope that the presiding judge will consider this issue from multiple perspectives."

"As for Wang Mingxuan's lack of substantive evidence and the so-called lack of "foresight", we believe that we should protect the perpetrator's right to life, not allow a "bad guy" to escape, and not allow a criminal to escape."

"Listen more to the voice of public opinion..."

"Judge, we have finished our statement."

After Lu Hongmei finished her report, she let out a soft breath.

This court statement.

She didn't believe it, so she couldn't handle the judges.

After listening to Lu Hongmei's court statement, Xu Qing secretly gave a thumbs up.

"That's really good."

Lu Hongmei smiled, did not speak, but set her eyes on the judges seated on the trial bench.

On the bench seat.

At this time, Feng Qian said from the side: "I think this court statement is very good..."

Jiang Hetao frowned slightly, and glanced at Feng Qian indifferently, knowing why Wang Mingxuan was sentenced at the first trial.

Zhang Yingying sat on the other side, and after hearing Feng Qian's words, she sighed deeply.

But the trial was still going on, and she didn't say anything more.

dong dong!

The gavel of the trial of the Yangtze River and Hetao was sounded.

"The prosecutor's statement is over."

"Now to the litigant's lawyers to make court presentations."

"Good Judge"

Su Bai pulled out the litigation materials, and directly refuted Lu Hongmei's point of view in the first sentence.

"We believe that the statement made by the prosecutor's lawyer has strong personal subjectivity and does not have the professional ethics that a lawyer should have, so we apply to dismiss the statement made by the prosecutor's lawyer."

Audience: ? ? ?
Lu Hongmei:? ! ?

This court statement directly accuses her of coming...?

Lu Hongmei's brows were tightly furrowed, and she looked at Su Bai impatiently.

Su Bai noticed it, but didn't care about it at all, and continued to state:
"According to the provisions of my country's Criminal Procedure Law, there are five rules: Evidence is important, oral confessions are not credulous, the evidence is solid, and sufficient legal conditions can be known."

"For the sentencing of all cases, we must pay more attention to evidence, investigation and research, and do not rely on oral confessions. If there is only the defendant's statement and no other evidence, the defendant cannot be found guilty and sentenced to punishment. Without the defendant's confession, the evidence is reliable and sufficient. The defendant can be found guilty and sentenced.”

"The evidence is solid and sufficient, and should meet the following conditions:"

"One: The facts of conviction and sentencing are supported by evidence."

"Two: The evidence used to decide the case has been verified through legal procedures."

"Three: Based on the evidence of the whole case, reasonable doubts have been ruled out for the facts ascertained."

"The prosecution's accusation against Wang Mingxuan in this case is determined entirely through "subjective" factors. The facts and evidence rely on our confession. I would like to ask the prosecutor's lawyer, is this reasonable?"

"Does this meet the law's definition of a court judgment?!"

"Which law do you accuse us of coming here? Or is it a statutory regulation that directly ignores the five articles of the procedural law?!"

The most important thing in the trial is the evidence!

This is beyond doubt.

No matter from the perspective of subjective factors or objective factors, the debate revolves around one issue, that is, the applicable interpretation and evidence of the law.

For example: if in the process of driving the vehicle in this case, evidence that the perpetrator Lin Xiuyou was beaten was found.

Then Wang Mingxuan can be sued.

Or, Wang Mingxuan's behavior of insulting Lin Xiu is also evidence.

But what Lu Hongmei's statement is, it is subjective, without any behavior to rely on...

This is inappropriate, is it to influence the presiding judge's intention, nonsense?

Su Bai's repeated questions made Lu Hongmei's mind buzz with questions.
Not
Aren't we telling each other...?

You just started attacking me...?

And, I can't refute it yet.

Not the kind that cannot be refuted, but the kind that cannot be refuted.

Could it be that she directly said in the court trial that the five statutory requirements of the procedural law, which emphasizes evidence, are not acceptable?
Certainly not!
Therefore, facing Su Bai's series of questioning, Lu Hongmei's face turned green with anger.

But he couldn't say much else, so he could only keep silent.

For this trial.

Su Bai had already made preparations, so there was no need to worry.

As long as the seats on the trial table dare to say no, the first thing to do after the trial is to write the materials first.Report directly.

What else can I say.

Just report it and that's it.

After the thought flashed by, Su Bai continued to speak:
"The statement of the prosecution is on the side of the perpetrator, and it is expressed from a subjective aspect."

"But."

"The principle of application of the law is to judge whether a person is guilty or not based on the evidence."

"Not from a certain subjective aspect."

"Judge, we have finished our statement."

After Su Bai finished his statement, he looked at the trial seat.

The judging seat at this time.

Jiang Hetao is considering the influence of society.

Zhang Yingying was on Su Bai's side, while Feng Qian was on the prosecutor's side.

Judges disagree.

After being silent for more than ten seconds, Jiang Hetao looked at Feng Qian: "Feng Qian, what's your opinion...?"

Feng Qian didn't hesitate: "I think we should start from the perspective of social influence..."

Jiang Hetao frowned slightly.

"Since the opinions are not unified, let's discuss it again."

dong dong!

The gavel for the adjournment was sounded, and a judgment was made after the court session.

Second adjournment!
.
 …
During recess.

On the litigant's seat, Su Bai's expression was calm. No matter how many times the trial was adjourned, even if the judges discussed some subjective factors and there was no substantive evidence, Wang Mingxuan could not be convicted.

If you want to rely on a subjective factor, you want to find someone guilty
If I don't send you in, who will I send in?

Pooh!
Who will be sent in!

His idea was misled by Xiao Li! !

At the prosecutor's seat.

Xu Qing and Lu Hongmei couldn't make up their minds about Su Bai's questioning in court just now.

I don't know what will happen after the court adjourns this time.
Xu Qing said in a low voice: "I feel that in terms of court presentations, the lawyer opposite seems to be more confident than us..."

Hear what Xu Qing said.

Lu Hongmei frowned deeply and did not speak.

Xu Qing knew that he had said the wrong thing just now, so he took a careful look at Lu Hongmei, and did not continue to speak.
.
 …
At the same time, the members of the collegiate panel discussed the room.

Jiang Hetao said directly: "Tell me, let's talk about the views of the two of you."

"Before the court statement, the two of you had different opinions. Now you two will talk after the statement."

Feng Qian: "I still have the same opinion. I think it is an established fact that the perpetrator died...and you have seen the huge social impact, Judge Jiang..."

Zhang Yingying frowned, no, the court statement is over...

The litigant has already brought it up, and the absolute legal provisions have been explained. Isn't it a violation of the rules to bite the bullet?
Zhang Yingying was silent for a few seconds, then said: "I still maintain my opinion."

"And I think that the verdict of not guilty has indeed caused a huge social impact, but if the verdict is guilty, it will be a violation of our procedures and violate the statutory regulations."

"This is a very big blow to the credibility of the judiciary...the social influence of public opinion will be even greater at that time."

"Presiding judge, I think we should not consider the perpetrator's public opinion, but also consider the social influence of the judiciary."

"I still believe that the verdict is not guilty...and, the litigator Su Bai... is a senior and top criminal lawyer in Nandu..."

"If you are found guilty in this situation, then it is obvious that there are certain problems with the sentencing results of the members of our collegial panel..."

"After all, according to judicial interpretation, there is no strong evidence to prove Wang Mingxuan's guilt in this case. According to the principle of innocence, it is interpreted according to the legal provisions of Article 55 of the Procedural Law."

"A guilty verdict...then it is very likely that the other party will challenge the outcome of the trial."

"Question? Our sentence is well-founded, how can he question it?"

Feng Qian asked a question.

Zhang Yingying was silent and didn't want to talk at all.

Yes yes yes, you are well-founded for the sentence.

But if the other party raises questions in your judgment during the court judgment, how do you answer them?

If you can't give an explanation, why do you judge like this?

The other party has come up with a legal basis, but you still bite the bullet and make such a judgment. If you don't go in, who will go in?
Zhang Yingying remained silent...she didn't want to talk to Feng Qian at all.

Jiang Hetao took a long breath and nodded, apparently he understood more than Feng Qian.

He was originally worried about the issue of public opinion and influence, so he thought about whether he should have a suspended sentence.

There is a certain tendency, but not much.

But through what Zhang Yingying said.

If you really take into account public opinion and influence to make a judgment.

Then it is the biggest injustice to the judiciary!

The influence caused by this is much greater than the follow-up situation caused by public opinion and influence!

After thinking about this...

Jiang Hetao stood up: "Yes! I support Zhang Yingying's point of view."

"But.…"

Feng Qian wanted to say more, but was interrupted by Jiang Hetao.

"No, but, Feng Qian, I think there are some problems with your subjective factors, and you were too subjective during the trial."

"As a judge, you do have your own inclinations, but your inclinations are too obvious and illogical, and even ignore the basic legal provisions!"

"Your thinking is dangerous, and you are not suitable to be a judge."

"I will report this matter to the dean later and request to be transferred from your position."

"Okay! This matter is settled like this!"

Feng Qian wanted to speak, saying that she knew she was wrong, but Jiang Hetao waved her hand and stopped her.

As the presiding judge, Jiang Hetao was much higher in rank than her. Feng Qian was a little anxious about Jiang Hetao's words, but there was nothing she could do.

Seeing this, Zhang Yingying didn't say anything more.

If Jiang Hetao really accepted Feng Qian's opinion today.

So.…

It will be troublesome in the future...

As the presiding judge, Jiang Hetao will also be seriously affected.

So this was one of the reasons why Jiang Hetao was so serious.

An unfair judgment will have a profound impact on the credibility of the judiciary.

obviously...

Feng Qian's subjectivity is too strong, and she is indeed not suitable to continue serving as a judge.
.
 …
The recess time flew by.

In the voice of the clerk, the third court session was held.

The court announced the verdict.

dong dong!

Jiang Hetao sounded the gavel.

The clerk: "Everyone stand up, the presiding judge, please announce the verdict!"

Boom!
Jiang Hetao picked up the judgment materials with both hands, and said slowly:
"The cause of this case: Wang Mingxuan refused to obey the judgment of the first instance, and requested an appeal to the second instance, pleading not guilty."

"This court has jurisdiction over the case, and the applicable laws are all in accordance with domestic laws."

"The verdict is announced below:"

"According to the research decision of the collegial panel, in response to the litigant's application to revoke the first-instance judgment and defend his innocence, the results of the current judgment are as follows:"

"One, revoke the first-instance judgment in response to the application filed by the litigant."

"The court of second instance, the Shadu Higher Court, found that: the judgment of the first instance was unclear about Wang Mingxuan's judgment subjectively, and there was no strong factual basis."

"The method of relying on the judgment is only based on Wang Mingxuan's subjective determination and the perpetrator's psychological determination, and there is no objective evidence to determine it."

"According to Article 55 of the Code of Criminal Procedure:"

"If there is no evidence to prove guilt, the conditions for imposing a sentence are not met."

"In this way."

"This Higher Court of Sabah, as the court of second instance, found that:"

"The result of the first-instance judgment is revoked."

"Sentence Wang Mingxuan not guilty and release him in court!"

"According to the provisions of our country's procedural law, if the parties to the lawsuit find that the facts of the judgment are wrong or the basis for the judgment is wrong, they can submit to the relevant department for review and supervision after the court session is closed, or file a request for retrial."

"The verdict will be issued to all parties within ten days of the court closing."

Boom!
The gavel sounded, announcing the result.

"Close the court!"

With the last two words falling, the result of the judgment also came out.

Lu Hongmei sat on the prosecutor's seat, staring at Feng Qian, stunned for a few seconds.

No...how could it be so straightforward to acquit him?

At least a suspended sentence should be given, right?

In the first trial, it was a top sentence, but this time, not only was there no sentence, but he was acquitted directly?

This is a bit different from Lu Hongmei's imagination...

PS: Ask for a monthly pass~

(End of this chapter)