As a Lawyer, You Sent the Judge In?
Chapter 364: Apply for the death penalty and get a heavy sentence! Must be sentenced harshly!
Chapter 364 Apply for the death penalty and get a heavy sentence! Must be sentenced harshly!
Convicted? !
When Huang Xuemei heard the verdict, a pale color appeared on her face unconsciously.
Sitting on the trial seat calmly.
But at the moment when the judgment result was announced, Huang Xuemei could no longer calm down.
She had previously learned about the criminal law and if the sentence was that she should poison.
Then it is very likely that she will be sentenced to at least life imprisonment for causing Zhu Yun to be unconscious now!
Thinking of this, a trace of regret flashed across Huang Xuemei's face.
About the evidence.…
To be honest, she wanted to destroy the evidence at first.
But after all, this is also the first time for poisoning.
I am nervous and don’t have time to destroy it.
She did not expect at the time that Zhu Yun would be sent to the hospital so soon after being poisoned.
In this case, the first thing she thought of was to get rid of this thing.
Otherwise, it is very likely that it will be traced to yourself.
However, this chemical cannot be thrown randomly, otherwise it will cause mass poisoning.
I thought about burying it first, but I didn't expect that this action would create a huge hidden danger for myself.
For this, Huang Xuemei felt infinite regret in her heart.
Thinking again about the sentence issue she would face after being convicted of a crime, Huang Xuemei directly refused to be sentenced.
“Presiding Judge, I disagree with this verdict!”
“I did not poison, this is an injustice to me!”
“I don’t accept this penalty result!”
“That’s how unjust, false, and wrongful convictions come about. I didn’t poison at all, and you found me guilty and poisoned without direct evidence. You are letting the real culprit go!”
Huang Xuemei broke the rules and refused to plead guilty or accept punishment at the trial, disrupting the order of the trial for a time.
The court has temporarily sentenced Huang Xuemei, but has not issued a verdict.
So it is necessary to continue to maintain court order.
Regarding Huang Xuemei's refusal to accept punishment, Sun Zhengping directly hit the hammer:
“The defendant please be silent.”
“Don’t disturb the order of the court!”
“The judgment against you is based on relevant evidence, not without basis. If you have any objections and feel that the case was wrongly decided by the enemy, then you can submit a supervisory review after the court.”
"Now in the court hearing, no further disruption to the court hearing is allowed."
Huang Xuemei knows very well what the verdict will be if the trial continues.
So she was not afraid of the presiding judge’s reminder at the trial and kept stating that she was wrongly accused and that this was an unjust, false and wrong case.
And took the initiative to cry hoarsely in front of the live camera.
This approach is obviously an attempt to use the opportunity of live broadcast of court hearings to influence the actual judicial judgment through public opinion.
As a last resort, in order to avoid causing bad public opinion, Sun Zhengping directly hit the hammer and temporarily adjourned the court.
Let Huang Xuemei calm down before continuing the trial.
During the recess.
Many people who watched the entire court hearing complained: "Is this Huang Xuemei crazy?"
"The presiding judge has already found her guilty. Why did she still cry and make a fuss at the trial? Was she really wronged?"
“Or is there something else going on?”
"Ahem... I don't understand upstairs. From the perspective of the entire court trial, this is not a case of being wrongly accused at all."
“All criminal suspects point to the same person. The evidence is conclusive and the facts are clear. How can he still be unjustly accused?”
“If this is someone who has been wrongly accused, that is really outrageous!”
“I think Huang Xuemei knows that this trial is a public trial and wants to guide public opinion and create the illusion that she has been unjustly accused.”
“Originally, all the suspicions were pointed at her, but now the evidence is conclusive, and she was judged and shouted loudly at the trial.”
“It’s nothing more than trying to exonerate myself, but the presiding judge can still see this little trick. It’s absolutely impossible to get away with it. The verdict has been successful, and there is no chance of overturning the case.”
“According to the current situation, if you are a qualified client lawyer, you will definitely want Huang Xuemei to plead guilty and accept punishment, so as to avoid being directly sentenced to a suspended death or death penalty if she refuses to plead guilty!”
….”
Similar to what was said in the comment area, when Wan Xiangdong heard the presiding judge's verdict and reasons, he also knew that it was impossible to be acquitted in this trial.
Even an appeal to the second instance is basically impossible.
Because on the other hand, the previous plea of not guilty did not form a complete chain of evidence.
As a defendant, there is no evidence to prove his innocence.
So in this case, even if there is an appeal, the court of second instance will not agree without new evidence.
With this verdict of guilty, the only thing he can do, the only thing he can plead for, is to fight for the sentencing period.
Concerning this point, during the adjournment, Wan Xiangdong and Huang Tao also expressed their views.
Huang Tao frowned when he heard what Wan Xiangdong said, and then spoke quickly:
“Lawyer Wan, that’s not what you said before!”
“You promised me before that this case would definitely result in a not guilty verdict!”
“When we didn’t postpone the trial, didn’t you keep rejecting the court’s opinions?”
“Why can’t it be done now?”
Wan Xiangdong took a deep breath and explained:
“There was no evidence before, so I couldn’t make any other judgment.”
“But now the prosecutor has submitted direct evidence. This is because I made a mistake in judgment.”
“The only thing we can do now is to let Xuemei plead guilty and accept punishment, and strive for a certain reduction in the sentence.”
“If you don’t plead guilty and accept punishment, it is very likely that the sentence will be harsher.”
“If the sentence is severe, the death penalty may be imposed!”
“Anyway, it’s just the first trial now. If the death penalty is awarded in the first trial, there is a high probability that the original verdict will be upheld in the second trial. That’s when the real trouble will arise.”
Hearing Wan Xiangdong's explanation, Huang Tao took a deep breath and was silent for dozens of seconds, although he could not accept the current reality.
But he knew that what Wan Xiangdong said was realistic.
What if I don’t do this and the sentence is more severe?
Huang Tao didn’t want to agree, but he could only agree, so he nodded: “Okay.”
“Then I’ll do as you say, but remember, make sure Xuemei gets a lighter sentence!”
Wan Xiangdong sighed in his heart: "Mr. Huang, I will try my best."
On the other side, after communicating with Huang Tao, Wan Xiangdong found a staff member and asked to communicate with Huang Xuemei.
ˆ And stated the relevant matters of this case to Huang Xuemei.
At this moment, Huang Xuemei’s face finally showed panic:
“I could be found not guilty in this case before, but is there really no other way now?”
Wan Xiangdong sighed: "Well, it's mainly about the physical evidence. Now that the court has made a judgment, there is really no way to reject it."
“The most important thing now is to make the first-instance verdict lighter. If there are new conditions that can lead to a verdict of not guilty, the confession can be retracted at that time.”
Regarding Wan Xiangdong’s statement, although Huang Xuemei was unwilling to plead guilty, she had to plead guilty under the current situation.
I can only agree with Wan Xiangdong's statement, plead guilty and accept punishment, and strive for a lighter sentence.
.
….
After the court resumed, another scene appeared in the courtroom.
Huang Xuemei changed her previous attitude of refusing to plead guilty, took the initiative to plead guilty and accept punishment, and explained the facts and the course of the crime.
At the trial table, Huang Xuemei confessed and accepted punishment.
As the presiding judge, Sun Zhengping also breathed a sigh of relief.
It’s not that he thinks there’s anything wrong with this penalty, it’s that public opinion has aroused, and he still has to write a report to explain the situation. Trouble!
Now that Huang Xuemei pleads guilty and accepts punishment, there is less contradiction.
Facing Huang Xuemei’s guilty plea, Sun Zhengping began to inquire about the relevant details of the case as the main condition for determining the sentence. “The defendant Huang Xuemei pleaded guilty and accepted the punishment and confessed to the facts of the crime.”
“Then please give the defendant a brief description of the crime and subjective wishes.”
“Tell me why you poisoned Zhu Yun in the first place.”
Huang Xuemei faced the questioning of the presiding judge, coupled with Wan Xiangdong’s enlightenment to Huang Xuemei just now.
Let Huang Xuemei know that she could only tell the truth now, so she told what happened based on objective facts.
“Actually, in school, my roommates and classmates all know that Zhu Yun and I have always had a bad relationship.”
“I am indeed a little jealous of her.”
“That’s why I did this.”
Sun Zhengping: "Then why did you think of poisoning?"
Huang Xuemei replied: “Because some classmates in the laboratory said that this chemical is very harmful to the human body.”
“What I was thinking at the time was that I wanted to use this punishment to punish Zhu Yun.”
“But I really didn’t expect that Zhu Yun would suffer such great harm.”
“If I had known, I would never have made this joke.”
“Can you tell me the specific process?”
"Can."
In response to the presiding judge's question again, Huang Xuemei was particularly cooperative and told the story of the matter in detail.
The specific thing is how to take the chemicals out of the laboratory, how to poison them, and how to hide the remaining drugs in the corner of the campus.
Then there is the psychological process and subjective behavior of each process.
When imposing penalties, the main basis is the harm caused by the behavior itself under objective circumstances, as well as the conviction and subjectivity of the behavior itself.
Obviously.
Huang Xuemei also knows this truth, so when she states her own subjectivity.
He kept stating that his original thought was that the poisoning was just a joke, and he never thought it would cause such great harm to Zhu Yun.
to be honest.…
This expression is equivalent to saying that I stabbed him with a knife, but I didn't expect that his body would be so fragile and he would die after being stabbed by me.
Subjective judgments need to be based on specific behaviors.
You say you are joking, but are you joking in the form of poisoning?
Obviously, is this joke too big and inappropriate for a joke between friends?
So in this case, will the court accept the joke you stated?
Generally not.
Huang Xuemei’s entire poisoning behavior, from stealing highly toxic chemicals in the laboratory to poisoning, as well as refusing to plead guilty and burying evidence.
This series of facts cannot be covered up by a simple sentence. I did not mean it. I was joking.
What is the situation according to the facts?
According to the facts, this should be judged as a premeditated and intentional poisoning and murder case!
The death penalty should be imposed!
.
….
At the trial table, Sun Zhengping asked Huang Xuemei to state the relevant subjective and factual processes, and then slowly spoke:
“Huang Xuemei has stated the relevant facts in detail.”
“Does the prosecutor and the victim’s lawyer need to make any additional statements regarding what Huang Xuemei stated?”
“Or do you have any objections?”
Chen Le and Su Bai were involved in the crime process explained by Huang Xuemei just now.
It can be clearly seen that Huang Xuemei wants to show her subjectivity, not intentionally or deliberately.
Thereby reducing one's criminal liability and giving him a life sentence.
Let’s not talk about the prosecutor’s point of view, but from Su Bai’s point of view, it is impossible to get a life sentence in this case.
First: murder.
Second: Poisoning.
Whether it is murder or poisoning, in criminal cases, the circumstances are particularly serious and the circumstances are particularly bad.
This type of crime is generally punished in a severe and severe manner.
Especially when there is no surrender link and the person refuses to admit guilt at the beginning.
Su Bai directly confessed his views on this point:
“Presiding judge, I have something to add and I have some objections.”
“In the relevant situation where Huang Xuemei confessed the crime facts just now, Huang Xuemei has been emphasizing that she carried out the poisoning as a joke.”
"And she said that she did not expect that it would cause such great harm and problems, that is to say, she did not expect that Zhu Yun would remain in the hospital bed."
“Expressing one’s subjective wishes is unintentional, so as to achieve the purpose of reducing the sentence.”
“But this is just the subjectivity of her statement.”
“Whether it’s intentional and whether it’s a joke, everything is expressed through action.”
“What specific actions did Huang Xuemei take in this case?”
“First: out of jealousy, when I heard my classmates in the laboratory talking about highly toxic chemicals, the first thing I thought of was to punish Zhu Yun.”
“Poison Zhu Yun.”
“This has reached the point of planning in advance.”
“And it was implemented, and the method of implementation has been very clear, which is to steal highly toxic chemicals from the laboratory.”
"Another point."
“Huang Xuemei’s specific statement was that she did not expect that it would cause such great harm.”
“But what about actually?”
“As a high-achieving student at Beidu University and working in a laboratory making chemical supplies, she clearly knows the boundaries between lethal and injurious amounts of highly toxic chemicals.”
“This can be confirmed through Huang Xuemei’s daily interactions with her classmates.”
“When she knew what the limit was between a lethal dose and an injury-causing dose, she still chose to add a lethal dose to Zhu Yun’s toiletries.”
“This is the result of detection by law enforcement parties.”
“The above are all proven by facts. Next, I will only describe Huang Xuemei’s specific approach.”
“During this whole process, doesn’t Huang Xuemei know the effects of highly toxic chemicals and the huge harm they will cause to Zhu Yun?”
"she knows!"
“Not only did she know it, but she also deliberately increased the dosage.”
“If Zhu Yun hadn’t gone to the hospital as soon as possible, the hospital would have known which highly toxic chemical caused the poisoning.”
“Then Zhu Yun is very likely to have been killed now.”
“In this case, Huang Xuemei said that her subjectivity was a joke and it was not intentional.”
“Is she kidding about Zhu Yun’s life?!”
"In criminal law, there are only concrete manifestations of objective facts, and there is no such thing as joking to express one's own subjectivity, and it is not intentional!"
“Through the above, Huang Xuemei’s subjective intentionality has been demonstrated.”
“Based on this situation, we believe that part of Zhu Yun’s oral supply should not be accepted and request a harsher sentence!”
Death penalty or reprieve!
This is Su Bai’s view on the specific punishment of this case.
This is also the specific sentence recommended by the prosecutor.
Because the circumstances are so egregious, a heavy sentence must be imposed!
Huang Tao, who was sitting in the hearing seat, kept staring at Huang Xuemei in the defendant's seat.
At this moment, for some reason, he always felt an inexplicable tension in his heart.
Especially when making a statement to Su Bai.
A heavy sentence?
How heavy is the sentence?
Thinking of this, Huang Tao set his sights on Wan Xiangdong.
I hope Wan Xiangdong can make some strong rebuttal.
Not to mention anything else, as long as the sentence can be reduced, and there is no suspended death penalty or death penalty, everything is possible.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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