You became a lawyer and sent the judge in
Chapter 234: One by one, no one can escape!
Chapter 234 Come one by one, no one can escape!
on the bench.
Wang Lei briefly summarized the current plea in his mind.
And waited for Fang Tang to reply.
Looking at Fang Tang, Wang Lei could clearly feel Fang Tang's nervousness, so he asked again:
"Does the defendant Fang Tang have anything to say?"
Fang Tang remained silent.
Wang Lei frowned slightly and looked at Dong Bing: "Does the defendant Dong Bing have anything to say?"
Dong Bing remained silent as usual and did not answer Wang Lei's inquiry.
Wang Lei continued: "Is the defendant party keeping silent out of default or because he doesn't know how to answer these questions?"
"Please ask the defendant to answer."
default.…?
Faced with Wang Lei's words, Fang Tang didn't want to be blamed by default, so he immediately said:
"Presiding Judge, we don't know how to answer this question. We have no way to answer this question."
"There's no way to answer? Why is there no way to answer?"
"Are you afraid that answering will result in a heavier sentence in the future, so you refuse to answer these questions?"
"You just need to say what you felt at the time. Otherwise, through your silence, the court has the right to consider what the prosecution said."
Wang Lei asked step by step, which made Fang Tang a little unable to bear it. Now he had to answer.
Take a deep breath.
Fang Tang replied: "President, we didn't think that much when we announced it to the public."
"There is no talk of evading responsibility."
"I'm just saying that I'm afraid of any negative impact from public opinion. This is my response to the outside world for the time being."
"In the follow-up, we will definitely bring Xu Feng and others to justice. We have no intention of evading responsibility, and we have no intention of letting Xu Feng and others escape legal sanctions."
"That's what we were thinking at the time."
Su Bai raised his hand: "Then why did you collude with Xu Feng and others and give false testimony?"
"If you follow up, you will definitely bring Xu Feng and others to justice. Then how should we bring them to justice?"
"This is not a reason to claim that Lin Dong died of a sudden heart attack!"
"Because this reason is full of logical errors, the law not only pays attention to the formal causal relationship, but also pays attention to the logical relationship."
"Defendant Fang Tang, do you believe what you said? Is there any logical relationship in it?"
Fang Tang was silent….
He himself is lying and looking for excuses to shirk his responsibility.
Facing Su Bai's question, he didn't know how to answer.
I can only remain silent...
In fact, his thoughts at the time were not much different from what Su Bai stated.
Ability to commit perjury with the intention of evading one's own responsibilities.
Then it is definitely necessary to reduce the legal punishment for Xu Feng and others.
only.….
What happened next far exceeded what he and others expected.
.
....
On the trial bench, Wang Lei banged the hammer and did not continue to ask any more questions.
In his opinion, the trial was almost over.
The chain of evidence is solid.
Subjectivity is proven by facts.
The defendant could not produce any useful evidence to prove the case and kept talking nonsense without any factual basis with legal basis.
Who else would he be judged against?
The court went into adjournment.
The members of the collegial panel left.
In the trial court, Su Bai was sorting out the litigation materials with a smile and glanced at the defendant.
There are as many as five defendant parties, according to what he just said subjectively.
Regarding the judgment of these people... there is a general analysis.
.
....
On the side, Li Xuezhen whispered: "Lawyer Su... I think these five people should be sentenced to a harsher sentence."
"I remember there was a case similar to this one. The principal culprit was sentenced to death..."
"Will this case carry the death penalty?"
"Ahem..."
Are you treating this as a living hell?
Su Bai had a certain impression of the case Li Xuezhen mentioned.
That case is very different from this case.
If this case wants to be sentenced to death.
The prerequisite is that Fang Tang personally participated in the beating of Lin Dong and caused the victim's death before he would be sentenced to death.
In this case...there is no objection to the verdict of negligence causing death.
but!
The court may not be able to determine intentionality.
Because the court considers it from multiple perspectives and also needs to take into account other objective factors...
"No, that case involves different circumstances than this case."
Su Bai spoke.
"Oh."
Li Xuezhen nodded and said nothing more.
On the other hand, Xu Feng and others in the defendant's seat had calm expressions, waiting for the verdict to be announced.
Corresponding to them were Fang Tang and Dong Bing, with anxiety written all over their faces.
Worried that the court’s sentence against them will be too harsh….
They also realized that in this trial, the two of them had no room for rebuttal.Unconsciously, he looked at his client lawyer, Zhang Tao.
Zhang Tao noticed the gazes of the two people and turned his head slightly without saying anything.
Originally, he had reminded the two of them that it would be better to defend the sentence reduction, but since his client did not agree, there was nothing he could do. At this point in the trial, it all depends on the discussion of the collegial panel members.
.
....
The collegial panel discusses the room.
Wang Lei looked at the other two members of the collegial panel, Xie Hongwei and Li Xia.
Xie Hongwei and Li Xia have a relatively deep understanding of criminal matters.
The main research is on intentional crimes and negligent crimes.
Wang Lei looked at the two men with a smile and said, "How should this case be judged?"
"I have no objections to the judgment of Xu Feng and others. What I am talking about is mainly for the defendants, Fang Tang and Dong Bing."
Li Xia has done in-depth research on criminal negligence. Faced with Wang Lei's inquiry, Li Xia said directly:
"I don't think there's any problem with finding criminal negligence in this process."
"The defendants, Fang Tang and Dong Bing, meet all the conditions for a crime of negligence. I think they should be convicted of a crime of negligence."
"Criminal negligence? I think it should be defined as intentional. Let's not talk about anything else. Let's talk about why the announcement said that Lin Dong had a sudden heart attack."
"Fang Tang and Dong Bing cannot give an explanation for this, and based on Xu Feng's confession, it has been shown that Fang Tang took the initiative to provide perjury."
"Based on this situation... it is difficult to determine Fang Tang's subjectivity and it was not intentional."
Xie Hongwei tends to be subjective and intentional.
But at this time, Li Xia expressed her opinion again:
"But have you ever thought about a question...the expression of subjectivity is specific to the specific scene in the situation."
"Subsequently, Fang Tang submitted perjury and colluded with Xu Feng and others to confess. It was also announced that Lin Dong died of a sudden heart attack."
"This all happened later. According to the situation at the time, Fang Tang was very angry with Lin Dong, so he threw a wooden stick and asked them to continue beating."
"He didn't foresee that Xu Feng and others might pose a death threat to Lin Dong, right?"
After Li Xia stated this point of view, Xie Hongwei immediately refuted and only asked two sentences:
"Why did he throw the wooden stick and why did he let them continue to beat him? Xu Feng and others were aggressive at the time, and they never thought about beating Lin Dong to death, but why did they still decide that Xu Feng and others were intentionally causing harm?"
"In this case, Fang Tang and others were intentional. This is an irrefutable fact!"
Xie Hongwei couldn't help but retorted to Xu Xia.
Xu Xia did not continue to speak, but looked at Wang Lei.
Wang Lei smiled and shook his head.
"I have listened to both of your opinions. You both hold your own opinions for the time being, right?"
Neither Li Xia nor Xie Hongwei spoke.
In fact, there is nothing wrong with the expressions of the two people, but the angle of entry is different.
Faced with this situation, Wang Lei smiled and put forward his own point of view:
"I agree with Xie Hongwei's point of view."
"Mainly based on one condition - do you still remember what Xu Feng said in his confession?"
"Xu Feng's confession said that when Fang Tang threw the stick, he asked them to have a good fight and resolve the conflict properly."
"This means that Fang Tang's subjective wishes can predict that several people will have conflicts."
"From this point, combined with other objective factors, it can be determined that it was intentional."
"Li Xia, can you understand?"
Hearing Wang Lei's words, Li Xia nodded silently: "Understood..."
"It's just...it's okay to determine negligence in this case."
"Of course negligence can be determined, but there is no problem in determining intentionality."
When Wang Lei spoke again, Li Xia remained silent without saying anything more and agreed with Wang Lei's point of view.
.
....
at the same time.
During the deliberations of the collegial panel, in a community in Xiushui District.
Li Xiong and a man sat opposite each other and watched the live broadcast of the trial.
Li Xiong sighed deeply: "Look at the chaos of this court trial. Now the Internet is full of accusations against us, saying that we released false announcement information and wanted to help Xu Feng and others escape their crimes."
"When Fang Tang and Dong Bing committed what they did, I said we couldn't take responsibility. We can't take responsibility. Look, now we've caused such a big trouble, what should we do?"
The man opposite also had a headache and rubbed his eyebrows vigorously: "What else can I do now?"
"We can only take one step at a time, and at most I will give you a punishment."
"How about sending the two of us in?"
Li Xiong said: "What about the surveillance video? Destroying the surveillance video is equivalent to destroying evidence!"
"The surveillance video was destroyed by Fang Tang and Dong Bing, but we didn't do that."
Li Xiong waved his hand: "Okay, okay, but when it comes to the supervision and review, we have already agreed on what we should say. Don't bear a big punishment and send yourself in!"
"I know! Don't worry!"
Hearing this, Li Xiong felt a little relieved, but he was still a little nervous.
after all.…
The focus of public opinion now is why they announced that Lin Dong died of a heart attack.
If the supervision and review department continues to investigate according to this, it will be held accountable.
So.…
They can't run away!
PS: Ask for a monthly pass~~
(End of this chapter)
on the bench.
Wang Lei briefly summarized the current plea in his mind.
And waited for Fang Tang to reply.
Looking at Fang Tang, Wang Lei could clearly feel Fang Tang's nervousness, so he asked again:
"Does the defendant Fang Tang have anything to say?"
Fang Tang remained silent.
Wang Lei frowned slightly and looked at Dong Bing: "Does the defendant Dong Bing have anything to say?"
Dong Bing remained silent as usual and did not answer Wang Lei's inquiry.
Wang Lei continued: "Is the defendant party keeping silent out of default or because he doesn't know how to answer these questions?"
"Please ask the defendant to answer."
default.…?
Faced with Wang Lei's words, Fang Tang didn't want to be blamed by default, so he immediately said:
"Presiding Judge, we don't know how to answer this question. We have no way to answer this question."
"There's no way to answer? Why is there no way to answer?"
"Are you afraid that answering will result in a heavier sentence in the future, so you refuse to answer these questions?"
"You just need to say what you felt at the time. Otherwise, through your silence, the court has the right to consider what the prosecution said."
Wang Lei asked step by step, which made Fang Tang a little unable to bear it. Now he had to answer.
Take a deep breath.
Fang Tang replied: "President, we didn't think that much when we announced it to the public."
"There is no talk of evading responsibility."
"I'm just saying that I'm afraid of any negative impact from public opinion. This is my response to the outside world for the time being."
"In the follow-up, we will definitely bring Xu Feng and others to justice. We have no intention of evading responsibility, and we have no intention of letting Xu Feng and others escape legal sanctions."
"That's what we were thinking at the time."
Su Bai raised his hand: "Then why did you collude with Xu Feng and others and give false testimony?"
"If you follow up, you will definitely bring Xu Feng and others to justice. Then how should we bring them to justice?"
"This is not a reason to claim that Lin Dong died of a sudden heart attack!"
"Because this reason is full of logical errors, the law not only pays attention to the formal causal relationship, but also pays attention to the logical relationship."
"Defendant Fang Tang, do you believe what you said? Is there any logical relationship in it?"
Fang Tang was silent….
He himself is lying and looking for excuses to shirk his responsibility.
Facing Su Bai's question, he didn't know how to answer.
I can only remain silent...
In fact, his thoughts at the time were not much different from what Su Bai stated.
Ability to commit perjury with the intention of evading one's own responsibilities.
Then it is definitely necessary to reduce the legal punishment for Xu Feng and others.
only.….
What happened next far exceeded what he and others expected.
.
....
On the trial bench, Wang Lei banged the hammer and did not continue to ask any more questions.
In his opinion, the trial was almost over.
The chain of evidence is solid.
Subjectivity is proven by facts.
The defendant could not produce any useful evidence to prove the case and kept talking nonsense without any factual basis with legal basis.
Who else would he be judged against?
The court went into adjournment.
The members of the collegial panel left.
In the trial court, Su Bai was sorting out the litigation materials with a smile and glanced at the defendant.
There are as many as five defendant parties, according to what he just said subjectively.
Regarding the judgment of these people... there is a general analysis.
.
....
On the side, Li Xuezhen whispered: "Lawyer Su... I think these five people should be sentenced to a harsher sentence."
"I remember there was a case similar to this one. The principal culprit was sentenced to death..."
"Will this case carry the death penalty?"
"Ahem..."
Are you treating this as a living hell?
Su Bai had a certain impression of the case Li Xuezhen mentioned.
That case is very different from this case.
If this case wants to be sentenced to death.
The prerequisite is that Fang Tang personally participated in the beating of Lin Dong and caused the victim's death before he would be sentenced to death.
In this case...there is no objection to the verdict of negligence causing death.
but!
The court may not be able to determine intentionality.
Because the court considers it from multiple perspectives and also needs to take into account other objective factors...
"No, that case involves different circumstances than this case."
Su Bai spoke.
"Oh."
Li Xuezhen nodded and said nothing more.
On the other hand, Xu Feng and others in the defendant's seat had calm expressions, waiting for the verdict to be announced.
Corresponding to them were Fang Tang and Dong Bing, with anxiety written all over their faces.
Worried that the court’s sentence against them will be too harsh….
They also realized that in this trial, the two of them had no room for rebuttal.Unconsciously, he looked at his client lawyer, Zhang Tao.
Zhang Tao noticed the gazes of the two people and turned his head slightly without saying anything.
Originally, he had reminded the two of them that it would be better to defend the sentence reduction, but since his client did not agree, there was nothing he could do. At this point in the trial, it all depends on the discussion of the collegial panel members.
.
....
The collegial panel discusses the room.
Wang Lei looked at the other two members of the collegial panel, Xie Hongwei and Li Xia.
Xie Hongwei and Li Xia have a relatively deep understanding of criminal matters.
The main research is on intentional crimes and negligent crimes.
Wang Lei looked at the two men with a smile and said, "How should this case be judged?"
"I have no objections to the judgment of Xu Feng and others. What I am talking about is mainly for the defendants, Fang Tang and Dong Bing."
Li Xia has done in-depth research on criminal negligence. Faced with Wang Lei's inquiry, Li Xia said directly:
"I don't think there's any problem with finding criminal negligence in this process."
"The defendants, Fang Tang and Dong Bing, meet all the conditions for a crime of negligence. I think they should be convicted of a crime of negligence."
"Criminal negligence? I think it should be defined as intentional. Let's not talk about anything else. Let's talk about why the announcement said that Lin Dong had a sudden heart attack."
"Fang Tang and Dong Bing cannot give an explanation for this, and based on Xu Feng's confession, it has been shown that Fang Tang took the initiative to provide perjury."
"Based on this situation... it is difficult to determine Fang Tang's subjectivity and it was not intentional."
Xie Hongwei tends to be subjective and intentional.
But at this time, Li Xia expressed her opinion again:
"But have you ever thought about a question...the expression of subjectivity is specific to the specific scene in the situation."
"Subsequently, Fang Tang submitted perjury and colluded with Xu Feng and others to confess. It was also announced that Lin Dong died of a sudden heart attack."
"This all happened later. According to the situation at the time, Fang Tang was very angry with Lin Dong, so he threw a wooden stick and asked them to continue beating."
"He didn't foresee that Xu Feng and others might pose a death threat to Lin Dong, right?"
After Li Xia stated this point of view, Xie Hongwei immediately refuted and only asked two sentences:
"Why did he throw the wooden stick and why did he let them continue to beat him? Xu Feng and others were aggressive at the time, and they never thought about beating Lin Dong to death, but why did they still decide that Xu Feng and others were intentionally causing harm?"
"In this case, Fang Tang and others were intentional. This is an irrefutable fact!"
Xie Hongwei couldn't help but retorted to Xu Xia.
Xu Xia did not continue to speak, but looked at Wang Lei.
Wang Lei smiled and shook his head.
"I have listened to both of your opinions. You both hold your own opinions for the time being, right?"
Neither Li Xia nor Xie Hongwei spoke.
In fact, there is nothing wrong with the expressions of the two people, but the angle of entry is different.
Faced with this situation, Wang Lei smiled and put forward his own point of view:
"I agree with Xie Hongwei's point of view."
"Mainly based on one condition - do you still remember what Xu Feng said in his confession?"
"Xu Feng's confession said that when Fang Tang threw the stick, he asked them to have a good fight and resolve the conflict properly."
"This means that Fang Tang's subjective wishes can predict that several people will have conflicts."
"From this point, combined with other objective factors, it can be determined that it was intentional."
"Li Xia, can you understand?"
Hearing Wang Lei's words, Li Xia nodded silently: "Understood..."
"It's just...it's okay to determine negligence in this case."
"Of course negligence can be determined, but there is no problem in determining intentionality."
When Wang Lei spoke again, Li Xia remained silent without saying anything more and agreed with Wang Lei's point of view.
.
....
at the same time.
During the deliberations of the collegial panel, in a community in Xiushui District.
Li Xiong and a man sat opposite each other and watched the live broadcast of the trial.
Li Xiong sighed deeply: "Look at the chaos of this court trial. Now the Internet is full of accusations against us, saying that we released false announcement information and wanted to help Xu Feng and others escape their crimes."
"When Fang Tang and Dong Bing committed what they did, I said we couldn't take responsibility. We can't take responsibility. Look, now we've caused such a big trouble, what should we do?"
The man opposite also had a headache and rubbed his eyebrows vigorously: "What else can I do now?"
"We can only take one step at a time, and at most I will give you a punishment."
"How about sending the two of us in?"
Li Xiong said: "What about the surveillance video? Destroying the surveillance video is equivalent to destroying evidence!"
"The surveillance video was destroyed by Fang Tang and Dong Bing, but we didn't do that."
Li Xiong waved his hand: "Okay, okay, but when it comes to the supervision and review, we have already agreed on what we should say. Don't bear a big punishment and send yourself in!"
"I know! Don't worry!"
Hearing this, Li Xiong felt a little relieved, but he was still a little nervous.
after all.…
The focus of public opinion now is why they announced that Lin Dong died of a heart attack.
If the supervision and review department continues to investigate according to this, it will be held accountable.
So.…
They can't run away!
PS: Ask for a monthly pass~~
(End of this chapter)
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