As a Lawyer, You Sent the Judge In?

Chapter 121: Questioning in Court!

 The case of Wang Mingxuan.

 Applying for retrial is to the Saduak High Court.

Su Bai quickly submitted relevant materials regarding the first-instance judgment in Wang Mingxuan’s case.

 Because of this case.

  itself is controversial.

 Furthermore, there are many problems in this case itself.

 So after Su Bai submitted relevant materials and evidence to apply for retrial.

 The Saduak High Court responded quickly, accepting and hearing the case.

Wang Mingxuan’s request for a second instance hearing was approved.

 After the second instance was passed, the court quickly issued summonses to all parties.

Su Bai also made a certain summary and understanding of this case.

 The reason why Wang Mingxuan was sentenced to such a severe sentence.

 The conviction given in the first instance was:

 The crime of negligence causing death.

and

 Has a huge social influence.

 Failed to foresee the woman’s behavior and had a certain degree of subjective fault.

 Thus, it will be judged as: gross negligence and maximum punishment.

　　啧….

 This is nonsense...

In the absence of strong evidence and absolute interpretation of legal provisions, how can one judge that Lin Xiu was in a state of panic based on the subjective factors of the trial members and prosecutors' accusations?

Let’s talk again.

Wang Mingxuan foresees...

 What did he foresee? Is it Lin Xiu's panic or Lin Xiu's dangerous behavior...?

 Is there any connection between the two?

 There is no complete causal relationship between these two things in criminal law!

 So in this case, this penalty is completely unreasonable.

Su Bai speculated that the presiding judge of the first trial might be a woman.

 Let’s judge this case from a female perspective.

 As a result, Wang Mingxuan was severely punished and sentenced to seven years in prison.

Rather than considering the case from the perspective of evidence and rationality.

 Wait until Su Bai goes to check on the members of the first-instance collegial panel.

 Three female judges

 Well, it is indeed a female presiding judge

  He rubbed his temples.

Su Bai took a long breath, now he just has to wait for the second trial to start...

Wait a moment.…

 The second instance hearing begins.…

Su Bai came back to his senses and glanced at the judge. Fortunately, the chief judge was a male.

 As long as it is not the chief judge who makes the judgment subjectively.

Then there won’t be any big problems with this case.

.

 ….

 On the eve of the court session.

Su Bai asked Xia Xue again about Lin Xiu's parents asking for a million yuan settlement.

 It is carried out under the mediation of the court.

 It does not constitute extortion.

 Although it is said that it requires a lot, the actual nature is similar to that of Guo Xiaojun’s case.

In this case, there is only one commission, which is to fight against the prosecution's accusation.

.

 ….

　　Time passed quickly and it was time for the High Court to hold court.

 In the waiting room.

Su Bai and Li Xuezhen were waiting in the waiting room for the court to begin.

 It took less than ten minutes.

Staff entered the waiting room and notified Su Bai and Li Xuezhen to enter the court hearing.

.

 ….…

 At the court hearing.

 After the clerk reads out the court discipline, he says: “Everyone stands up and invites the presiding judge and judges to enter the court.”

                                       .

All rise.

Su Bai raised his head slightly and looked at the seat of the presiding judge. Judge: Feng Qian, presiding judge: Jiang Hetao, and judge: Zhang Yingying.

 Waiting for the chief judge to stand on the judgment stand.

 Dong dong dong.

 Hit the gavel.

 “Everyone, please take a seat.”

 The next step is to verify the identity.

 The only prosecutors were Su Bai and Li Xuezhen.

 The prosecutors are two female public prosecutors, namely Xu Qing and Lu Hongmei.

 Lv Hongmei spoke as the lead prosecutor.

Su Bai remembered that during the first trial, Lu Hongmei, as the prosecutor's lawyer, made very fierce accusations against Wang Mingxuan during the trial.

There is a feeling that they want Wang Mingxuan to be sentenced to death...

I don’t know why Lu Hongmei is so hostile to men.…

 Maybe it’s a subjective factor in marriage?

Su Bai shook his head. The court was already in session, so he didn’t think about it any further.

After Lu Hongmei noticed Su Bai's gaze, she glanced at him coldly.

Li Xuezhen whispered: "Lawyer Su, that Lawyer Lu's eyes are so fierce."

Su Bai smiled: "Don't worry about her, she won't be fierce after a while."

"profound."

 “Good Lawyer Su”

Li Xuezhen nodded seriously with a small face, and then turned her attention to Lu Hongmei.

Lu Hongmei:? ? ?

.

 ….…

 Dong dong dong!

 Identity information verification completed.

　　The gavel was struck in the trial of Yangtze River Hetao.

“The identity verification of the personnel information is completed.”

　　咚!

“This case is being heard by the Sadu High Court. The members of the collegial panel are: Judge Feng Qian, Judge Changjiang Hetao, and Judge Zhang Yingying.”

“The following are the causes of this case.”

“In this case, the litigant believed that the first-instance judgment was unreasonable, so he filed for a second instance and defended his innocence. Is the reason for the case true...?”

“Presiding judge, the case is true.”

 Dong dong dong!

Jiang Hetao banged the gavel and continued to speak:

“The cause of the case is true. Now, please state the litigation application and factual or legal basis as a supplement to the court hearing.”

 “A good judge.”

Su Bai nodded, briefly sorted out the court trial materials in front of him, and then spoke slowly:

 “Presiding Judge.”

“Our legal claims are as follows:”

“1: We believe that the first-instance judgment sentenced us to seven years’ imprisonment, which is unreasonable. This judgment completely violates everyone’s equal rights and interests under the law and infringes upon our legal rights and interests. We do not obey the first-instance judgment and request that the second-instance judgment be revoked. Judgment of first instance.”

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　 institutions

As soon as Su Bai's first words came out, the courtroom was silent for a few seconds.

 It is not your application to revoke the first-instance judgment, there is no problem.

 Applying not guilty, there are no problems.

 But what do you mean by what you said next?

 Completely violates everyone’s equal rights under the law.?

This is a bit loud to say.

You are considered to have sent the judge in earlier.

 But you can’t say this in court, right?

Jiang Hetao on the trial stage frowned slightly and said nothing.

Su Bai noticed the changes in the court hearing, but didn’t pay too much attention to it. He said that, of course he had his own plans.

 This is just to pave the way for what follows.

 The presiding judge did not call for a stop.

 So it means that it is not a big problem to say so.

Su Bai continued: "Presiding judge, our lawsuit application has been stated."

 This case is straightforward.

 There is only one delegation.

 That is to plead not guilty.

 The law generally favors the deceased in court trials.

 This is also the difficulty in defending innocence….

 But in fact, if we really want to follow the strictness of the law, Wang Mingxuan can only receive humanitarian compensation.

 Even compensation in the legal sense can be applied for to be judged to be non-existent.

ˆ And.

This humanitarian compensation still mainly depends on Wang Mingxuan’s personal wishes.

 Dong dong dong!

 After Su Bai finished his statement.

Jiang Hetao banged the gavel and looked at the prosecutor's seat: "Now I invite the prosecutor to make a statement and apply for litigation."

Lu Hongmei glanced in the direction of Su Bai, and then spoke in a calm voice:

“Presiding judge, we apply to dismiss the litigant’s application.”

“We believe that Wang Mingxuan was obviously at fault in this case.”

 “Based on the overall course of the case.”

“Wang Mingxuan deviated from the route during the process of pulling goods, and when he predicted that the victim Lin Xiu would jump out of the car, he did not stop it in time.”

“It has clearly constituted a crime of negligence.”

“We believe that the judgment of the first instance is reasonable.”

After hearing Lu Hongmei’s statement, Su Bai:? ? ? ?

 No, what do you mean by this?

 Do you know what you are talking about?

What does it mean to foresee that the victim Lin Xiu would jump out of the car? Is this foreknowledge your own imagination?

 What is the most important thing about a court hearing?

evidence!

evidence!

 It’s still evidence of TM!

 You don’t show evidence, so you are just talking nonsense...? Void foresight?

Su Bai raised his hand: "Can the prosecutor prove that Lin Xiu jumped out of the car and did our client Wang Mingxuan have obvious foreseeable behavior? Or, why did the prosecutor determine that our client committed the crime of negligent death?"

 The statement is completed.

Su Bai looked towards the prosecutor's seat.

When Lu Hongmei heard Su Bai’s question, she spoke without thinking:

“According to Article 233 of the Criminal Law:”

“Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years.”

Su Bai:? ? ? ?

 What is the first-instance lawyer’s answer?

This is what the public prosecutor lawyer of the first instance said, then he would have doubted whether there was something wrong with the judgment of the first instance and initiated a review and supervision procedure.

“Please ask the prosecutor to answer the questions we have raised directly.”

“The prosecutor determined that we had committed the crime of negligent death, which point was used to determine this.”

“Legally, the clear definition of criminal negligence is that negligence causing death refers to negligence causing death due to negligence and negligence causing death due to overconfidence.”

“The former means that the actor should have foreseen that his behavior might cause the death of others, but due to his own negligence he failed to foresee it, thus causing the death of others.”

“The latter refers to the perpetrator who has foreseen that his actions may cause the death of others.”

“However, if the death of another person is caused due to credulous belief that it can be avoided, it shall also be classified as causing death by negligence.”

“However, if the actor has no subjective fault but causes the death of another person due to other unforeseen reasons, it is an accident and the actor will not be legally responsible.”

"above."

“This is a legal interpretation of Article 233 of the Criminal Law that negligently causes death.”

“I would like to ask the prosecutor, on what basis do you judge that our client’s negligence caused death?”

Su Bai showed his cards directly.

 I don’t want to continue to be verbose with the prosecutor.

 Since the other party keeps answering questions incorrectly and hiding their secrets, you can show your cards directly to save yourself any trouble or other situations.

After hearing Su Bai's statement, Lu Hongmei raised her lips slightly.

 Obviously.

 She just made Su Bai say these words on purpose.

Su Bai noticed this, but didn't really care.

 Court hearing.

 It relies on hard power. Only with the premise of hard power can other careful strategies be useful.

 You have no hard power.

 Everything else is in vain.

Lu Hongmei spoke seriously: "Based on the conditions for the crime of negligent death caused by negligence just stated by the litigant's lawyer."

"The key point is whether Wang Mingxuan has the possibility of "foreseeing" or "foreknowing"."

 “Here, I would like to ask the parties a few questions.”

“First, according to what you reported, did you have any conflict with Lin Xiu before driving?”

“Second, did you clearly inform Lin Xiu in advance before changing the navigation route? Or, can you be sure that Lin Xiu knew about it?”

“Third, did you see Lin Xiu stick her body out of the car window? What was your first reaction when you saw Lin Xiu stick her body out of the car window...? Did you think she would not jump out of the car?”

“Please ask the person involved to answer these three points.”

Su Bai frowned slightly.

 Hand up to indicate.

“Presiding judge, we believe that these three questions raised by the prosecutor are not in line with the trial process!”

“The third question, the prosecutor’s lawyer is obviously misleading when asking questions!”

 Lv Hongmei: “How is my question so misleading?!”

“I would like to ask the prosecutor, why do we ask whether we think Lin Xiu will jump out of the car?! What is the concept of jumping out of the car, if it is not inducing?!”

 “What is the purpose of asking us this question?!”

“Whether our answer is yes or no, will the prosecutor’s lawyer seize this point to accuse us of our subjective consciousness?”

“Presiding judge, the prosecutor’s lawyer raised such a question that does not comply with the procedure. I apply for the prosecution’s lawyer to recuse himself!”

 Avoid!

　To put it bluntly, you just have to go to court for trial.

Lu Hongmei was stunned when she heard Su Bai's words. So why should she apply directly for her to be recused?

"President, my questions are only based on normal questions and are not inductive. Please reject the application of the litigating lawyer and interrupt my questioning. This is obviously interfering with the trial process. I apply for the litigating lawyer to recuse himself. ”

Su Bai:? ? ?

It's just a rake, right?

 6….

　　You asked me to avoid my obviously reasonable interruption.

 Just watch the presiding judge bang the hammer and that's it.

 The judgment seat, the seat of the presiding judge.

Jiang Haitao heard the speeches of both sides, and banged the gavel.

He glanced at the other two judges who were members of the collegial panel, and then spoke:

“The prosecutor’s lawyer’s question about fees violated the rules of trial questioning. The third article of the prosecutor’s lawyer’s question about whether he thought Lin Xiu would jump out of the car is now rejected.”

 “At the same time reject the prosecution’s request!”

 Dong dong dong!

 “The trial continues.”

This rejection is an indirect determination, and Lu Hongmei’s question is illegal.

After hearing what the presiding judge said, Lu Hongmei glanced in the direction of Su Bai.

 I don’t know what I’m thinking.

 Then he looked at the parties’ seats.

“Please ask the person concerned to answer the questions I raised above.”

Wang Mingxuan was afraid that he had answered wrongly, so he cautiously glanced in Su Bai's direction.

Su Bai’s eyes indicate what to say, just say it.

Wang Mingxuan took a deep breath and looked at the presiding judge's seat.

 Speak slowly:

"I had a conflict with Lin Xiu before, but it was before getting in the car. After getting in the car, it was normal and there was no quarrel."

“I actually mentioned the matter of changing the route to Lin Xiu. When she asked me about it during the trip, I also told her.”

“It’s just that the tone may not be too good... What I mean is that changing the route can avoid the cameras, because there are some places in Shadu where trucks are not allowed to pass, and points will be deducted.”

 “The third question.…”

"I did see Lin Xiu leaning against the car window..."

“I didn’t think much about it at the time, I just felt it was dangerous...”

“Then release the accelerator, turn on the double flashers, and prepare to reduce the speed.”

 “I’m done…”

Wang Mingxuan spoke slowly and answered all the questions Lu Hongmei asked.

 At this time, Lu Hongmei continued to attack and ask questions.

“You and Lin Xiu had an argument before you got in the car..."

“You changed the route again, without clearly stating the reason for changing the route, and your tone was not very good.”

"At this time, Lin Xiu leaned out of the car window and you stepped on the brakes. Didn't you already predict that Lin Xiu had the intention of jumping out of the car?"

 “If not, then why did you hit the brakes?”

“Shouldn’t a normal person’s normal reaction be to stop the other party from leaning out of the car window?”

"at the same time."

“You said you had an argument with Lin Xiu before getting in the car, so Lin Xiu would naturally feel panicked in the car.”

“Her subjective emotion is worry, especially for a woman. Compared with being in a car with a strange man, a young woman sitting in a car will have a relatively panicky mood.”

 “You should have foreseen this...”

"but!"

“When she leaned out of the car window, why didn’t you stop her immediately?”

"this.…."

Wang Mingxuan didn’t know how to answer.

Su Bai frowned after hearing Lu Hongmei's question.

Is this asking a question?

 Isn’t this setting a trap for the parties concerned?

What does it mean not to stop someone when they lean out the car window for the first time?

If you don’t stop it, isn’t that because you didn’t foresee it?

besides!

 What does it mean to have foreseen?

 “should”, “probably”, “maybe”, etc.…

 These words indicate something inaccurate.

Court trials are all about evidence!

 Evidence evidence evidence!

 Say important things three times.

This Lu Hongmei is trying to use cliches to make Wang Mingxuan fall into a trap, right?

Su Bai raised his hand and directly interrupted Lu Hongmei's question.

“As Wang Mingxuan’s attorney, I would like to ask the prosecutor’s lawyer a question.”

“I would like to ask whether the prosecutor’s lawyer can produce enough evidence for these questions.”

 “Are your suspicions justified?”

"If the trial uses vague subjective concepts that you think and I think should be roughly equal, then I think we are not guilty. Is there any problem?"

 “Presiding Judge.…”

“The law is all about evidence. If there is no evidence, just suspicion. This is completely inconsistent with the process.”

“I apply to terminate the prosecution’s questioning of our client!”

 Dong dong dong!

Judge Chang Jiang Hetao banged the gavel and looked towards the prosecutor's seat.

“Agree to the application! The prosecutor’s lawyer is no longer allowed to question the client Wang Mingxuan!”

Lu Hongmei:? ? ?

 No, I haven’t finished asking yet!

 This is interrupted and prohibited.?

 PS: Please give me a monthly ticket~

 (End of this chapter)