As a Lawyer, You Sent the Judge In?

Chapter 324: Say important things three times, evidence! You judge the void, right? !

Su Bai knew what the presiding judge meant when he asked at the trial...

  Meaning, if Fang Rufeng didn't want to kill someone, why would he search for the punishment after killing someone?

 From a common sense inference, there is no problem with this issue.

 But what’s the problem?

 The problem is that this question should not be asked by the presiding judge at the trial.

 Because the court needs to make a decision based on the evidence.

 Especially in criminal matters...in accordance with the relevant provisions of the Criminal Procedure Law.

Judgment without relevant evidence and a complete chain of evidence is inconsistent with the relevant litigation process.

Lin Fengru’s inquiry just now broke this point.

 Although it is possible to identify, adopt evidence and legal opinions through the aspect of reason.

 But you said, if there is no preparation to commit a crime, then why search?

This in turn means that if you go to search, doesn't it mean that you have prepared to commit a crime?

 That’s nonsense!

 Furthermore, why did Fang Rufeng search for this problem?

 The main reason is that I suffered humiliation, and this thought flashed through my mind.

  But there is no objective preparatory act of committing a crime as in the previous sentence.

Su Bai didn't understand the presiding judge's question, but he was also aware of the presiding judge's tendency.

However, the current inquiry is directed to Fang Rufeng.

Facing the presiding judge’s question, Fang Rufeng seemed a little nervous, but still said:

 “I was searching because I was angry.”

“I work outside, but Xie Tingting cheats on me at home. This is something even a man can’t stand!”

 “Who wouldn’t be angry about this kind of thing?”

“So I was thinking that Xie Tingting had an affair at home, and it was in the new house we bought less than a year ago.”

“What should I do? I was really in pain at the time. Even a man can’t accept this result!”

“Then I searched online, what should I do if my wife cheats on me, and whether I will be sentenced to death if I kill my wife and mistress...”

At this time, Lin Fengru continued to ask:

“You search online for what to do if your wife cheats on you, it’s out of your rational considerations.”

“But why did you search and kill your wife and mistress? Will you be sentenced to death?”

"During this process, did you have the idea of ​​killing Xie Tingting and the cheater out of hatred for them?"

Fang Rufeng glanced in Su Bai’s direction and nodded:

 “Well, I did have the idea of ​​killing them.”

“Other than a saint, who wouldn’t think about something like this?”

“No one can stand this situation.”

 “I think it’s very normal for me to think this way.”

“But this idea only came to me when I was very angry at the time, so I searched online.”

“When I calmed down and thought about my parents, I lost my mind.”

“Because my parents are the only child, if I am sentenced to death for being a murderer.”

“My parents have no one to take care of them. Considering this, I have no idea.”

“You said you no longer had this idea later on, then when did this situation stop?”

“Is it after Xie Tingting called the police, or before Xie Tingting called the police?”

Fang Rufeng was confused: "Well... this is before calling the police."

"Before calling the police? Isn't this right? Your search time record does not match Xie Tingting's record of filing a police case."

“Obviously, you didn’t have this idea after calling the police. Why did you lie about this question?”

Facing Fang Rufeng’s answer, Lin Fengru questioned.

Faced with Lin Fengru’s question, Fang Rufeng didn’t know how to respond.

At this time, Su Bai raised his hand and said: "Presiding Judge, I have something to say about this."

Lin Rufeng turned around and said, "What does the lawyer entrusted by the above party have to say?"

“Is there any meaning in asking my client whether Xie Tingting called the police before or after?”

“Besides, how could my client know whether it was before or after calling the police!”

"Xie Tingting had already left home at that time and was no longer with Fang Rufeng. Of course, Fang Rufeng didn't know when Xie Tingting called the police."

"So he can't answer this question at all! He can only answer it with a rough answer."

“My client did not lie, but there were obvious logical errors in your question, presiding judge.”

"I would like to ask the presiding judge not to pursue the question any further. This kind of logical error should not happen in court."

“If we continue to ask questions and a similar situation occurs, then I will question the professionalism of the presiding judge of this trial!”

Su Bai directly interrupted Lin Fengru’s question.

According to the current inclination and inquiry of the presiding judge, he completely wants to guide Fang Rufeng’s confession.

 This matter...must be interrupted.

　　A hint of displeasure flashed across Lin Fengru's face at Su Bai's sudden interruption of the inquiry, but she did not continue the inquiry.

 Instead, he remained silent and simply sorted out the inquiry just now.

Her inquiry just now just wanted to confirm one thing, that is, she had objectively committed a crime preparation act.

 Before and after calling the police, it indicates that the failure to commit the crime in Article 4 is due to factors other than the perpetrator's will.

 This is also the main reason why she kept asking.

 Just asked a bit quickly, without taking into account what Su Bai just said.

About a minute later, Lin Fengru continued to speak:

“Based on Fang Rufeng’s answer to the question just now.”

"It has been shown that Fang Rufeng did have criminal intent. The appellant has no objection to this, right?"

Su Bai: "We don't have any objections."

"OK."

“Now let’s judge whether Fang Rufeng objectively committed a crime preparation act.”

Facing the presiding judge's words, all parties in the courtroom fell into deep thought.

 guess how the decision will be made.

 Because of what?

 Because this point only needs to be judged.

Then there is already a result on whether Fang Rufeng’s behavior is a criminal act.

 Xu Xia looked at the seat of the trial bench, regarding the result of this judgment.

 Xu Xia was not too nervous.

Why?

 Because she is also a woman, she can learn from the practices of the presiding judge.

 It is obvious that the presiding judge considered Fang Rufeng’s behavior to be a crime.

Just as Xu Xia imagined, Lin Fengru began to announce her decision:

 “Whether the other party Rufeng objectively carried out the act of preparing for the crime.”

“The collegial panel made the following determination:”

“After Fang Rufeng learned that Xie Tingting had cheated on her, she had a quarrel with Xie Tingting.”

“It can be seen from the above that there are obvious emotional cracks between the two.”

“Furthermore, Fang Rufeng expressed strong dissatisfaction with Xie Tingting and threatened to kill Xie Tingting.”

 “In this case, Xie Tingting left the two people’s new home.”

“Then later that night, Fang Rufeng searched whether killing someone would lead to the death penalty, showing a subjective willingness and intention to kill.”

“When combined with the real situation - Fang Rufeng was cuckolded, it is easy for radical emotions to appear, causing serious adverse social effects.”

“Based on the above, it is determined that Fang Rufeng carried out preparatory actions for crimes based on objective facts.” “Does the parties have any objections to the above determination?”

  ? ? ?

  Any objections?

 Judgment? !

 Judgment is a hammer!

Su Bai has stated it many times just now.

˜Objective factual crime preparatory behavior refers to the execution of certain acts.

Searching for what to do if you cheat, and whether you will be sentenced to death if you kill someone, are the psychological subjective aspects of crime.

 To put it bluntly, Fang Rufeng wanted to kill someone, he wanted to kill him!

 But this is a subjective behavior, not an objective behavior!

 Subjective is the main idea, and objective is the objective fact.

 Just because Fang Rufeng searched, does that mean he did it?

not at all!

 What is the presiding judge judging? A bit of a blind decision, right? !

Su Bai immediately raised his hand and said: "Presiding judge, we do not agree with this judgment!"

Lin Fengru: “Give us your reasons.”

“Our reason is simple, that is, I think the presiding judge’s judgment does not comply with the interpretation of the law.”

Lin Fengru frowned: "Can the lawyer appointed by the appellant describe in detail why it does not comply with the legal interpretation?"

Su Bai: "In the defense just now, we have repeatedly mentioned that we have objectively carried out criminal preparations."

  “Refers to the implementation of corresponding actions.”

“The evidence provided by the prosecution can only prove that we have this kind of subjective consciousness, and there are no objective factual conditions.”

“Without objective factual conditions, preparation for crime cannot be determined, and it does not constitute the four basic conditions for preparation for crime.”

“Based on the above, we do not believe that the presiding judge’s determination is reasonable.”

“So we apply to the presiding judge to revoke our judgment.”

At this time, Lin Fengru simply listened, nodded, and asked:

“I can understand the appellant’s statement. The appellant’s view is that—

“In this case, Fang Rufeng did not prepare for intentional homicide from the objective conditions.”

"Is it right?"

 Su Bai: “That’s right, the chief judge.”

Lin Fengru continued: "But has the appellant considered this issue from another angle?"

“According to Xie Tingting’s alarm time, due to quick response.”

“So it was stopped before Fang Rufeng could prepare objectively.”

“From this point of view, it was due to Xie Tingting’s call to the police that Fang Rufeng did not have time to carry out criminal preparations.”

  “So it caused this result.”

“So back to the starting point, is it possible that Fang Rufeng will continue to search for **** Xie Tingting?”

“Is it possible to commit an act of preparatory crime?”

“For Fang Rufeng, if Xie Tingting cheated on her, then she is a very hateful person.”

“Under certain circumstances, he showed that he wanted to kill Xie Tingting and cheat on the other party.”

“In this case he was prepared, but before he could prepare, he was charged.”

“So... there is no problem in making a judgment from this point of view.”

“Hereby, the appellant’s claim is dismissed.”

  ? ? ?

This logical thinking...Su Bai didn't know what to say for a moment.

Surveying enemies in the void, right?

  Is this a method of determining relevance?

Lin Fengru’s expression just now had only one point of view—

 In this case, the reason why Fang Rufeng did not objectively carry out criminal preparatory actions.

Mainly because Xie Tingting called the police in time, leaving Fang Rufeng no time to prepare criminal preparatory actions.

From the other side, Fang Rufeng told Xie Tingting that he wanted to kill her, and searched on the website whether killing two people would lead to the death penalty.

ˆ It shows that Fang Rufeng had the subjective will and intention to kill.

 It just ended before it even started.

 According to this situation, he should also be sentenced to criminal preparation.

 This is the logic of the presiding judge.

Su Bai can only say one piece of **** logic!

This logic is only based on the perspective of the presiding judge and relevant scenario substitutions.

 But what about actually?

 Actually, judgment is not based on evidence. To be honest, Su Baizi has seen it in unjust, false and wrong cases.

 Furthermore, I have seen it in some wrongful judgments. This case is the first time I have seen it.

 Because of what?

 Because in past wrongful adjudication, the presiding judge often made harsh decisions.

 But in this trial, the presiding judge will give you a chance to explain.

 Okay, after you finish explaining, the presiding judge will explain to you according to his own logic.

 Let me explain it to you and then explain the relevant logic to you.

  ? ? ?

Su Bai didn’t quite understand this behavior, but this judgment definitely needed to be rejected.

After all, according to Lin Fengru’s logic, this is completely using empty evidence to convict Fang Rufeng!

 Can it be judged?

 Definitely not judged!

This is already a retrial case. If it is retried, the Supreme People’s Procuratorate will have to decide the case.

 At that time, time has been wasted, and the divorce may have occurred, which will be a serious harm to the client.

Su Bai immediately raised his hand: "Presiding judge, I protest!"

 “We do not agree to reject our opinion!”

“What we want is evidence for judgment, not legal reasoning!”

“In criminal judgments, according to Article 55 of the Criminal Procedure Law, the judgment needs to be based on the statutory conditions that the evidence is reliable and sufficient.”

“Without objective factual evidence, the defendant cannot be found guilty and sentenced.”

“Is there any evidence for the statement made by the presiding judge just now?”

“The presiding judge’s determination and rejection are only based on the legal viewpoints of the presiding judge!”

 “But what about the actual evidence?”

"The actual evidence is what the presiding judge imagined later. Fang Rufeng would have objectively prepared to commit a crime, right?"

“Even if it is Fang Rufeng, there will be objective and factual criminal preparation behavior in the future.”

 “But so what?”

“Without evidence now, it is impossible to make a judgment!”

“If the presiding judge follows this approach, there may not be many people who will not be found guilty.”

“The presiding judge has the power to judge in court, but does not have the right to interpret the law legally.”

“We hope that the presiding judge can make a relevant judgment on the case based on the facts and evidence.

Rather than making judgments based on statutory scenarios and other possibilities.

 In criminal proceedings, relevant evidence should be used. "

 “The above is our protest!”

.

 ….

After protesting, Su Bai looked up at Lin Fengru, who was frowning.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)