You became a lawyer and sent the judge in

Chapter 179 No Civil Compensation, Only Criminal Judgment!
Half an hour flies by.

Soon it will be time for court.

Led by the staff, Su Bai, Li Xuezhen and Xie Jingmei walked into the courtroom.

Accompanied by the clerk reading the court discipline and other related content.

Three members of the collegial panel walked into the courtroom.

Zhou Guangyu sounded the gavel as the presiding judge: "The trial is now in session."

With the sound of the hammer being struck, all members sat down.

Followed by.

Zhou Guangyu started a simple pre-trial meeting for this trial.

The general content is the same as the previous process, verifying the identity of the personnel information.

And declare the identity of the members of the collegial panel.

This time, the trial was held in Sudu High Court. The three members of the collegial panel were the presiding judge, Zhou Guangyu, the judges, Yang Qifan and Li Peng.

at the same time.

The prosecution has two lawyers, Wang Kai and Sun Meng, the presiding lawyer and assistant lawyers.

The respondent is in the seat, because it is a joint trial.

Wu Guoxing, the man who killed Fang Zhihui, Wu Guoxing's parents and litigation lawyers were all present.

On the other side of the litigant's seat was Wang Yuan, her parents and litigation attorney.

This case is relatively complex.

Because this time the court session is a joint trial.

First of all, the above-mentioned request of the litigant is to overturn the judgment of Wu Guoxing in the first instance.

The second is the need to judge and judge Wang Yuan's filing and accusation.

These two cases are very closely related.

Therefore, the Sudu High Court paid more attention to this case, and the vice-president Zhou Guangyu and two other middle-level personnel tried it together.

After verifying the personnel information, confirm that it is correct.

The presiding judge Zhou Guangyu began to inquire and confirm the general content and cause of action of the case.

"This case is being heard by the Sudu High Court, and now we are starting to confirm the cause of the case:"

"The cause of the case:"

"The litigant believes that the court of first instance, the Sudu Intermediate Court's judgment on Wu Guoxing is relatively light, and refuses to accept the judgment of the Sudu Intermediate Court of the first instance, and appeals."

"And believe that in the process of Wu Guoxing's killing of Fang Zhihui, Wang Yuan committed negligent crimes."

"Sudu High Court believes that the criminal behavior and criminal suspicion between Wu Guoxing and Wang Yuan are related, and they will join the case and try it together."

"Does the litigant have any objections to the cause of action?"

Su Bai: "The litigant has no objection."

When the gavel sounded, Zhou Guangyu glanced at the lawsuit materials, then turned his gaze to Su Bai and said:
"The litigant has no objection, so let the litigant state the lawsuit application and the basis for the lawsuit."

Su Bai nodded and said, "Good judge."

For this case, there are mainly two litigation applications.

The first point: As the murderer who hurt Fang Zhizhi, Wu Guoxing was sentenced to eight years in prison, which is too short.

The application was dismissed and the penalty was imposed.

The second point: that is Wang Yuan's criminal negligence, which needs to be tried and judged by the court.

Regarding the civil compensation, Su Bai asked Xie Jingmei.

What Xie Jingmei meant was that civil compensation is not required, but the murderer must pay the due price.

Regarding this point, Su Bai has always kept it in mind.

Pulling out a lawsuit application from the lawsuit materials, Su Bai began to make a statement.

"Our claim is as follows:"

"First: We believe that Wu Guoxing's judgment in the first instance had some errors in the application of the law. Wu Guoxing should have committed intentional homicide and caused a major impact."

"Should be sentenced to death, death reprieve or life imprisonment and fixed-term imprisonment of more than ten years in accordance with the heavier punishment of intentional homicide."

"In the first trial, Wu Guoxing was sentenced to only eight years in prison, which is too light a sentence."

"We apply to revoke the judgment against Wu Guoxing in the first instance and change Wu Guoxing's sentence to life imprisonment."

"Second: Regarding Wang Yuan, we believe that Wang Yuan committed a crime of negligence."

"Apply to the court to judge his actions."

"Third: Regarding Wang Yuan's inappropriate remarks and improper guidance and influence on a certain platform, which caused huge mental damage to our client, we apply to cancel Wang Yuan's account on a certain platform."

The third point is the incidental civil action.

According to what Xie Jingmei said, Su Bai deliberately went to a certain platform to read the relevant content posted by Wang Yuan, and there was no insult.

But sometimes the information released both overtly and secretly stimulates Xie Jingmei.

So about the third point, Su Bai collected evidence temporarily and submitted it to the court.

"Presiding judge, our litigation application has been presented."

After Su Bai's lawsuit application statement was completed.

Both Wu Guoxing's side and Wang Yuan's side frowned at the same time.

The first is Wu Guoxing's parents.

Originally, they spent a lot of money to hire a top-notch criminal lawyer to plead their son's sentence to eight years during the first-instance trial.

Even eight years, they even think it's a bit long.

But now...

As soon as the other party's lawsuit application is opened, it will be life imprisonment!

Doesn't this kill them?

Although their son said that he made a mistake, it is enough to know if he can correct his mistake, and he has been sentenced to eight years, which is quite a lot.

Now he even spoke directly, wanting their son to be imprisoned for the rest of his life.

to be frank.

Wu Guoxing's parents Wu Jianlei and Li Xin couldn't accept it at all.

After all, even if their son committed a crime, it was their heart and soul. How could they allow their son to suffer so much and suffer so much.

So they set their sights on their attorney, Ye Hua.

Hope to get some psychological comfort from Ye Hua.

After all... Ye Hua's performance in the first trial last time was classic and wonderful to them.

He noticed the gaze of the client.

Ye Hua nodded slightly, signaling to the two of them not to worry too much.

Only then did Wu Jianlei and Li Xin calm down.

However, the gaze towards Su Bai was still somewhat unfriendly.

Li Xuezhen:? ? ? ?
unfriendly?
Who are you staring at?

! ! ! ! .
 …
And the other side.

Wang Yuan's parents, Wang Manhua and Xu Li, also looked at the lawyer they had invited.

After Wang Yuan was taken away by law enforcement agencies.

Wang Yuan's father, Wang Manhua, immediately found his friend and entrusted him to find a first-class criminal lawyer in Sudu.

Although he found a top-notch lawyer, Wang Manhua was still a little worried about Su Bai's lawsuit.

"Lawyer Wei... we should be able to dismiss the lawsuit filed by the other side, right?"

Wang Manhua asked the invited criminal lawyer Wei Hao.

Wei Hao nodded: "I have a general understanding of this case. Generally speaking, it can be dismissed, but the specific situation still depends on the questions raised by the other party."

"Don't rush."

"Oh, good lawyer Wei."

Wang Manhua nodded.
.
 …
at the same time.

On the trial stand, Zhou Guangyu simply recorded a few key words about Su Bai's lawsuit application, and then looked at the prosecutor.

"The prosecution, please state your application for this trial."

"Good judge."

When Wang Kai faced the presiding judge, he sorted out the litigation materials.

He and Su Bai are also parties to the lawsuit, so in some points of view, the ideas reached by Su Bai are consistent.

In fact, most of the points that Su Bai put forward were what the prosecution wanted to state.

It can be said that Su Bai has already stated the general lawsuit application.

However, the prosecution still needs to make further supplements to some of the questions raised by Su Bai.

This is also some of the rights of their prosecution.

Wang Kai stated: "Presiding judge, our side agrees with the point of view of the litigation attorney just now."

"However, some additions are needed."

"First of all, we believe that there are indeed certain objections to Wu Guoxing's judgment, and agree with lawyer Su's point of view that the first-instance judgment imposed a relatively light sentence on Wu Guoxing."

"Secondly, what we added was the accusation against Wang Yuan."

"According to our evidence and legal basis, Wang Yuan is indeed suspected of the crime of negligent death."

"The prosecution applied for a judgment on Wang Yuan."

"And for the crimes committed by Wang Yuan, the prosecutor's proposed sentence is two years."

"Presiding judge, the prosecution has finished its statement."

What Wang Kai added was about the sentencing of Wang Yuan.

After the prosecution statement was completed.

After Zhou Guangyu knocked on the gavel, he said, "Now let's summarize the content of this trial."

"The litigants have reached an agreement."

"One: The sentencing of the first-instance judgment for Wu Guoxing's murder of Fang Zhihui is considered to be relatively light, and the application for revocation of the first-instance judgment is made."

"Two: In the process, Wang Yuan was found guilty of negligence and crime."

"Do the prosecution and the litigants have any objections to the summary?"

Wang Kai: "No objection."

Su Bai: "No objection."

The gavel sounded.

"The prosecution and the litigants have no objection to the summary, so we will now start the statement and defense on the first point."

"Now, the litigant is requested to state the basis for the application to revoke the first-instance judgment in the case of Wu Guoxing's murder of Fang Zhihui, including but not limited to legal basis or submission of factual evidence."

"Good judge."

Su Bai nodded
The legal statement for revoking the first-instance judgment is still very simple.

Because of the relevant evidence, the prosecution and law enforcement agencies have already prepared it properly.

The key points are mainly from the subjectivity of the first-instance judgment, as well as the views of the opposing party's litigation attorney at the time of the first-instance trial and the perspective of the defense.

Su Bai had already prepared the content of the lawsuit in advance.

After removing the relevant litigation content from the material.

Su Bai began to speak.

"Presiding judge, we apply to describe the whole process of the case first, and ask the accused party some relevant questions, so as to clarify the context of the whole case."

"application passed!"

Zhou Guangyu sounded the gavel and agreed to Su Bai's application.

After the application was approved, Su Bai looked at Wu Guoxing, and began to state the relevant matters and the general content of the defense in the first instance.

"In this case, Wu Guoxing committed murder on purpose. There is no objection to that."

"The main key issue is whether Wu Guoxing's intentional homicide is a crime of passion or premeditated homicide."

"According to the evidence provided by law enforcement and the prosecution."

"Originally, Wu Guoxing's purpose was to find Wang Yuan and wait for an opportunity to take revenge. At the same time, Wu Guoxing carried a knife with a blade of nearly 15 centimeters on his body."

"This knife with a blade length of nearly 15 centimeters finally entered Fang Zhizhi's body, and it was the main weapon that caused Fang Zhihui's death."
.
....
"During the first trial, Wu Guoxing's defense lawyer argued that Wu Guoxing was a crime of passion, and he had no intention of killing Fang Zhihui at first, but it was only due to his own personality factors, hatred and other factors that broke out at that time."

"Causing to harm the innocent Fang Zhihui is a typical emotional crime."

"But here I want to refute and ask Wu Guoxing's defense lawyer."

"Whether Wu Guoxing is a crime of passion or not, judging from the results of the crime, whether he used a knife to hurt the innocent Fang Zhihui, resulting in Fang Zhihui's death, and the direct cause of Fang Zhizhi's death was Wu Guoxing's injury after forensic identification Behavior?"

"Yes."

Ye Hua nodded slightly. There is strong evidence to prove this point, and it cannot be refuted.

Hearing Ye Hua admit it, Su Bai continued: "According to the definition of the law."

"The determination of intentional homicide and causing death should be punished as a lesser act has the following points of view:"

"One: Intentional homicide while on the defensive."

"Two: Killing in righteous indignation refers to the fact that the victim committed a major crime and was intentionally killed by others in the process of committing the crime."

"Three: Passionate killing. He has no intention of killing intentionally, but he loses his mind under the provocation of the victim, loses control and kills the victim."

"Passionate killing also includes the following necessary conditions."

"(1) It must be due to the serious fault of the victim that the offender's emotions fluctuated strongly."

"(2) The perpetrator lost his mind or lost his ability to identify and control himself under strong emotional fluctuations."

"(3) The act must be carried out on the spot under the emotion of anger to be considered a murder of passion."

"Four: Entrusted to kill..."

"..."

"According to the judgment in the first instance, what Wu Guoxing applied was the third point of killing with passion."

"In the case of no intentional homicide, he was teased or provoked by the victim, so he lost his mind and killed the victim out of control."

"I would like to ask the accused party's attorney, is this your defense point of view?"

Ye Hua nodded: "Yes."

"Although Wu Guoxing said he had a knife, his main purpose at the beginning was to commit an impulsive crime against Wang Yuan."

"The behavior against Fang Zhizhi is a typical emotional crime."

Facing Ye Hua's answer, Su Bai continued to speak

"The act of killing Fang Zhihui is a typical emotional crime. Then, according to the law, did Fang Zhihui's teasing or insulting Wu Guoxing caused him to lose his mind?"

"According to the evidence provided by law enforcement, Fang Zhihui should have been trying to dissuade Wu Guoxing at the time, right?"

"The law enforcement party did not mention that Fang Zhihui had any insults or other agitated behavior towards Wu Guoxing when he was dissuading him."

"May I ask the agent of the party subject to the lawsuit, how did you judge the victim Fang Zhizhi's teasing and anger towards the criminal Wu Guoxing?"

This question is at the heart of the lawsuit.

Crimes of passion are described with legal norms and specific interpretations of laws.

It's not that you say passion is passion...

Su Bai looked at Ye Hua, waiting for the other party's answer.

Facing Su Bai's question, Ye Hua frowned slightly.

It's not that he can't answer this question.

Instead, he was thinking about how to deal with Su Bai's further attacks after answering this question.

PS: Ask for a monthly pass~

(End of this chapter)