As a Lawyer, You Sent the Judge In?

Chapter 319 Strong judgment! Conservatives: Think the radicals’ sentences are too light and not radical enough

 At the judgment seat.

 Yu Yue summarized the respective statements of Su Bai and Jiang Min.

 Be more specific—

 Subjectively, he is biased towards Su Bai.

 Subjective bias is not only due to the behavior of the defendant, but also to the statements of the lawyer entrusted by the defendant.

As well as the issues regarding the determination of guilt in this case.

  The prosecution drafted an indictment early on and found the charge to be attempted coercion.

certainly.…

 According to relevant laws and regulations, Jiang Min has the right to raise questions at the court hearing.

 However, according to the specific circumstances of this case, attempted coercion is a more suitable crime in this case.

 Forcible indecency does not fit the circumstances of this case.

Thinking of this, Yu Yue banged the gavel:

“The collegial panel has heard the pleas of both parties.”

“As the lawyer entrusted by the defendant put it forward, the defendant Mascu was forced to commit indecent assault, not attempted coercion.”

“Based on Mascu’s behavior towards Lin Wenhui during the criminal process of this case.

 In objective fact, it already constitutes the imposition of coercion.

 In subjective fact, there is a willingness to have a relationship and the discontinuation is due to external factors. "

“That is to say, the defendant’s request to retain a lawyer is rejected!”

 “No objections!”

Jiang Min, who was sitting at the defendant's lawyer's seat, felt his heart sink when he heard the presiding judge's statement.

 Sighed secretly.

How to put it this way, if this judgment is rejected, then the defendant needs to plead for attempted coercion.

 But now that the facts of the crime are clear, it is impossible to dismiss the case on this basis. The only option is to reduce the sentence.

to be honest..

 This case has progressed to this point, and in Jiang Min’s opinion, it has become very difficult! .

 ….

On the other hand, Su Bai had no objection to the presiding judge’s decision.

 Forcible indecency itself does not meet the necessary conditions for this trial.

 It has been rejected now, which is normal.

But having said that, if Jiang Min’s conviction is dismissed, the rest will be much simpler!

  It only needs to make relevant determinations on the sentence.

Then this case is considered to be over.

 At the judgment seat.

 The presiding judge banged the gavel: “The criminal facts of this case are clear.”

“The defendant has no objection to the defendant’s criminal facts, right?”

Facing the inquiry, Jiang Min shook his head.

 The criminal facts have been certified by the prosecutor and law enforcement parties, and the evidence chain is sufficient.

 He initially chose to use the charge to dismiss the prosecution's application.

 It is because there is no missing evidence or other situations in the evidence.

Now the presiding judge presents the facts of the crime, regarding this...

 There is certainly no objection.

　　With Jiang Min’s words: “There is no objection.”

The presiding judge continued: "In this case, the lawyer appointed by the defendant has no objection to the criminal facts."

“So is there any doubt about the sentence recommended by the prosecutor?”

"This has.…"

 “Please explain any doubts about the sentence based on the law.”

Jiang Min took a deep breath and said: "The presiding judge..."

 “We think this sentence is too harsh...”

“First of all, in this case, we attempted a crime, and secondly, we committed a crime while drunk.”

"From the perspective of the criminal status, we did not use excessive violence during the crime."

“In other words, the violent behavior did not cause much harm to the victim Lin Wenhui.”

"also."

“Our client is a foreigner after all, so he may not understand the domestic laws, or he may be in a state of ignorance.”

“Based on the above conditions, we believe that the defendant should be given a lighter sentence.”

“Especially in the case of attempted crime, appropriate reduction of the sentence should be considered.”

.

 …

Jiang Min stated several simple necessary conditions for commutation of sentence.

 These necessary conditions, the most important of which is that the violent act did not cause much harm to Lin Wenhui.

 And the identity of the foreign personnel involved.

 In fact, what Jiang Min wants to express most is the impact of foreign status on the judgment.

 Because in the actual sentencing, the sentence may be reduced due to the foreigner’s status.

but.…

  The trials of foreigners under domestic criminal law are normal trials in accordance with the requirements of the law.…

 So this matter cannot be directly put on the court for explanation.

 It can only be explained to allow the presiding judge to consider the defendant’s nationality and discuss the defendant’s sentence.

 At the presiding judge's seat, after listening to Jiang Min's statement, Yu Yue turned to look at the prosecutor's and accuser's seats:

“For the opinions entrusted by the defendant to express dissatisfaction with the sentence.”

“Do the prosecutors and prosecutors have anything to say?”

 Wang Xiong, as the prosecutor, responded: “As for the defendant’s statement.”

 “We do not agree...”

“The point I disagree with is that we don’t think there is any problem in recommending a prison term.”

 “Comply with the requirements of domestic laws for determination.”

 At the end of the prosecutor's response, Su Bai raised his hand again:

“Presiding judge, we also disagree with the defendant’s request for a reduced sentence.”

“Because the defendant raised the point of reducing the sentence, mainly because it did not cause too much harm to the victim and the defendant is a foreigner.”

“But in fact the defendant caused serious harm and mental damage to us and other female students in the school.”

“If a girl who has not yet left school encounters something like this, the mental damage to her will be huge, and society’s discussion of her will also have a serious negative impact.”

“It is not difficult to see from the opinions on this matter on the Internet how great the impact has been.” ˆ ˆ ˆ “Furthermore... I don’t know if the defendant wants to point out that as a foreigner, the defendant can obtain exemptions and reductions in the country. Sentence."

“However, both our country’s laws and foreign laws have relevant provisions. Foreigners who commit crimes in the country will not be treated differently.”

“There is no legal basis that foreigners who commit crimes committed within the country enjoy special immunity.”

 “This is not allowed by law.”

“Based on the above, we do not agree with the defendant’s point of view.”

.

 ….

 Three parties tried the trial. The defendant requested a reduced sentence, but the prosecutor and the prosecution clearly rejected the request and elaborated on the relevant reasons.

On the bench, the presiding judge Yu Yue knew very well that the current trial had entered an anxious scene.

 Then the hammer was struck:

 “Adjourn the court!”

.

 ….

 This case has entered the corresponding final stage.

All parties present at the trial also understood that the trial was adjourned this time.

 The most critical and important thing is to discuss the determination of the defendant as a foreigner.

 During the recess.

Su Bai breathed out softly.

To be honest, this case only involved the school and the defendant’s status as a foreign student from beginning to end.

 Firstly, it was the school's protection, and secondly, Mascu did not have domestic nationality.

At the court hearing, there were not many issues that Jiang Min could argue.

Whether it is forced indecency is the most critical question raised by Jiang Min.

 It’s just that the application was rejected.

 The remaining problems are relatively simple.

 For commutation of sentence.…

Su Bai’s view is very simple.

 Reduction of sentence?

 Require a certain reduction in the sentence?

 Provide legal basis!

 If an ordinary foreign student commits a crime in the country, the foreigner's criminal liability shall be investigated in accordance with Article 17 of Criminal Procedure.

 Except for those who enjoy diplomatic privileges and immunities, others will be held accountable according to relevant criminal liability.

 There is no legal provision for criminal exemptions for foreign students.

Then...the trial should comply with domestic criminal laws.

 In this way...

 This trial focused on and discussed far fewer points...

.

 ….

the other side.

During the adjournment, Jiang Min came to the defendant Mascu and gave a rough description of the current trial situation.

Mascu’s eyes widened and he kept saying no, no, no.

Even out of frustration, I stumbled and spoke a few words in Chinese.

"Can't.…"

“They can’t judge me, I didn’t do anything…”

“I need to contact the embassy and the school to ask for a suspension of the trial.”

Jiang Min listened to Mascu's words and didn't say much. After all, he was just a lawyer.

   is not responsible for other matters.

.

 ….

at the same time.

 In the collegial court discussion room.

Yu Yue and two other members of the collegial panel were discussing the issue of the criminal sentence in this case.

What is beyond doubt about this case is that the criminal facts and proof of crime have been established.

  It only needs to be discussed about the prison term.

Yu Yue picked up the water with the wolfberry soaked in it, twisted the bottle cap and said:

 “This court hearing involves foreign students.”

“For what the defendant has proposed, I think the prosecutor’s recommendation for an extension is too high.”

 “What did you think about it?”

Yu Yue looked to his left hand side.

 Lao Liang on the left has some experience in criminal matters and the judgment of foreigners who have violated the law.

 When he asked this question, he was also asking for Lao Liang's opinion.

 Lao Liang noticed that Yu Yue turned his eyes to him and replied:

“In actual sentencing, the foreigner factor is generally taken into consideration, and the sentence will indeed be reduced.”

"but.…"

 “I have a different view on this case.”

 “Why is it different?”

Yu Yue asked.

“The first issue involved in this case is influence.”

“This case has such a huge impact, and it also involves an international student who repeatedly molested and attempted to force other girls in the school.”

“Let’s not discuss the school’s responsibility for now. Let’s just talk about why foreigners are so arrogant when studying in China.”

 “What is the main reason?”

“The main reason is that other domestic universities are tolerant and indulgent towards international students.”

“Just like this case, according to my understanding and my communication with the prosecutor, Mascu, the defendant, has done similar things many times in the school.”

“The school has been suppressing the case, and the students did not dare to file a case.”

“Foreign students in China have repeatedly relied on their right to study abroad and violated the law.”

“If we give a lighter sentence, will it make other people think that we are treated differently under the law? We are discriminating against our own people?”

"According to the current trend of public opinion, I think it is very possible, and I personally do not agree with a lighter sentence."

"This is my idea."

 After Yu Yue listened to Lao Liang's suggestion, he turned his head and looked at Lao Xiao beside him.

 “Lao Xiao, what do you think?”

 Lao Xiao's expression was serious: "To tell the truth... I judge myself more seriously and others less."

　　“I have always disagreed with this **** view!”

“I think three years in prison is too light...should we consider a higher sentence?”

  Yu Yue: .….

 Lao Liang:….

 Lao Xiao is even more radical than the radicals!

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)