As a Lawyer, You Sent the Judge In?

Chapter 365 Court Statement: She didn’t know she was wrong, she knew she was going to die!

 At the court hearing.

Wan Xiangdong noticed Huang Tao's eager gaze.

  but without any expression.

 Su Bai’s relevant statements were based on subjective judgments based on behavioral facts.

 What can he say?

 At this point, he did not think that he could refute Su Bai's relevant statements in any way.

 Because from Huang Xuemei’s subjective behavior, she has relevant intentionality.

Su Bai’s statement did not cause any problems.

 In other words, from a legal definition, there is nothing wrong with it.

　　But, on the other hand.

 He serves as Huang Xuemei’s client, and Huang Tao serves as the law firm’s major client.

  No matter what, he needs to do his best in this trial and strive for what he can.

 Even if this trial resulted in a life sentence.

That can be considered a victory!

 After all, the sentence recommended by the prosecutor is a suspended death sentence.

 The gap between death penalty and life imprisonment is not that big!

 Wan Xiangdong expressed his opinions on some of the views stated by Su Bai:

“Presiding judge, we would like to express some other opinions.”

Sun Zhengping: “Please ask the defendant to entrust a lawyer to express relevant opinions.”

"OK."

 After getting the consent of the presiding judge, Wan Xiangdong continued to speak:

“From an objective behavioral point of view, we have nothing else to say about the statement made by the lawyer entrusted by the victim.”

“The statement made by the lawyer entrusted by the victim shows subjective and objective facts to a certain extent.”

“But there is one thing we want to point out, that is, during this trial, Huang Xuemei has seriously realized her mistake.”

 “Has made a statement of admitting guilt and accepting punishment.”

"And because she is still a student, she may be immature or irrational in terms of character or behavior in some aspects."

 “Conflict broke out.”

“It was also reflected in Huang Xuemei’s statement just now, but there may be some subjective judgment problems at the moment.”

  “So based on the above.”

“We still believe that Huang Xuemei’s sentence should be lenient.”

“One more thing, regarding the defendant’s criminal behavior, we ask for the victim’s forgiveness and understanding.”

“I hope the court can give us a certain amount of time to negotiate with the victim and obtain the understanding of the victim or his family.”

“President, the above is our statement.”

 From other aspects, the court may not give a lenient sentence to Huang Xuemei.

 However, if the victim or his family members can be forgiven, then at least it will not be possible to be sentenced to death.

only.…

 This understanding fee may be relatively high.

 Wan Xiangdong, although he has not yet discussed this with Huang Tao, has made a request for understanding first.

 Follow-up will depend on the situation.

 It would be best if the case can be reconciled. Failure to do so will not affect the final judgment.

 So raising this point in court does not affect the actual situation.

At this time, Su Bai, who was sitting at the victim's seat, glanced at the seat of the victim's family after hearing the news that Wan Xiangdong asked for forgiveness at the court hearing.

 Zhu Yun's parents shook their heads and expressed their disapproval.

 When Su Bai and Zhu Yun's parents discussed this case previously, Su Bai had already asked Zhu Yun's parents for their opinions.

If found guilty, what should Huang Xuemei do if she wants to forgive?

  Zhu Yun’s parents disagreed, and Su Bai still clearly remembered what they said at that time.

“We only have an only daughter like Zhu Yun, and we have trained her into a top university in the country. Now we are seeing Zhu Yun about to graduate and enter a new life.”

“But now that he has been poisoned like that, no matter how much money they pay, we don’t agree to forgive him.”

“They are also an only child, so we should let them know the consequences and feelings of the harm we suffered!”

From this point of view, it is very difficult for Huang Xuemei to ask for forgiveness.

 At the judgment seat.

 Sun Zhengping, as the presiding judge, looked at the family seats after hearing Wan Xiangdong’s request.

“The defendant has entrusted a lawyer to request forgiveness. Does the victim’s family agree to the forgiveness?”

“I agree to the understanding that the trial will be temporarily adjourned, but I disagree to the understanding that the trial will continue.”

 “President, we disagree!”

 Zhu Yun's mother spoke and looked at the defendant's seat, feeling emotional.

“We do not forgive, and we will never agree to forgive, we just want those who poisoned to get the punishment they deserve!”

"This is what we are thinking. My daughter is lying on the hospital bed now, and the doctor said there is a high chance that she will not wake up!"

 “Why should we forgive them?”

 “If you do something wrong, you should be punished!”

“No matter what the court decides, we don’t understand it!”

Hearing Zhu Yun’s mother’s fierce statement, Sun Zhengping nodded slightly.

 “Okay, the victim’s family, the court has heard your opinion.”

 Subsequently, Wan Xiangdong’s request for forgiveness was rejected.

 “The victim’s family members have different understandings.”

 “Then let the trial continue.”

 The gavel rings?

Wan Xiangdong sighed inwardly, but in the end he didn't say much.

 On the bench, Sun Zhengping continued to speak:

“The current situation of the trial is very clear.”

“Huang Xuemei has stated all the details at the court hearing.”

 “The evidence is conclusive and the facts are clear.”

“The current conclusion regarding the case of Huang Xuemei’s poisoning is that Huang Xuemei was intentional in terms of objective facts and corresponding behavior.”

“According to relevant laws and regulations, intentional poisoning that causes serious disability or death shall be sentenced to more than ten years in prison, life imprisonment, suspended death or death.”

“At present, all parties have no objection to the facts of Huang Xuemei’s crime.”

 “The following is a court statement.”

Sun Zhengping’s words directly make it clear that intentional poisoning causes severe disabilities. This has been clearly determined and has a factual basis.

 It does not mean that refutation can eliminate this objective factual basis.

 Court statements make use of some objective facts.

 For example, if you are underage, have a mental illness, or have other subjective behaviors.

  To reduce or reduce the punishment for criminal facts.

 This is a point that all parties in the trial are very clear about, so the presiding judge requires direct court statements.

 All parties know in their hearts that this is the final confirmation of the sentence.

 The first is the prosecution.

 Hearing the request for a court statement, Chen Le took a deep breath. This case was presented in court, which can be said to be very difficult.

　　From the very beginning, he took over the case, went through an adjourned trial, and now Huang Xuemei pleads guilty and accepts punishment.

 Each step is very difficult.

 After stating the relevant circumstances, he could finally breathe a sigh of relief about this case.

 As for court statements, Chen Le’s statements are relatively objective.

“The prosecution stated as follows:”

“As for the case of Huang Xuemei poisoning her roommate Zhu Yun, the prosecutor believes that the criminal facts are clear during this trial.”

“At the beginning, Huang Xuemei did not plead guilty or accept punishment, and her attitude was relatively tough, which interfered with the normal judicial process.”

“According to the provisions of the criminal law and the judgment of the court, the crimes involved in Huang Xuemei are serious,”

“Based on the above, we believe that Huang Xuemei should be sentenced to a harsher sentence.”

“We insist on recommending the sentence: suspended death.”

“Presiding judge, we have finished our statement.”

 Chen Le’s final recommendation is still in favor of a reprieve of death.

After hearing Chen Le’s court statement, Wan Xiangdong frowned slightly and began his own court statement.

 The angle of statement is still that angle.

Of course, the reason why it is still that angle is because from other angles, there is nothing to talk about.

 After speaking for a few words, Wan Xiangdong handed over the right to state the case in court to Huang Xuemei.

Facing the fact that she was given a lighter sentence and a harsher sentence, Huang Xuemei shed tears during the court hearing and spoke in a hoarse voice:

“Presiding judge, I really didn’t think that much at the beginning. Although it was intentional to a certain extent, I’m still young. I’m only in my early 20s.”

“I know that my circumstances are very serious and have caused great harm to Zhu Yun and to Zhu Yun’s family.”

 “But I can make up for it.”

Huang Xuemei said eagerly: "Really."

 “What I say is all the truth and I mean it from the bottom of my heart.”

“I hope the court will give me a chance to give me a lighter sentence based on my attitude of pleading guilty and accepting punishment.”

“In the future, if I have the opportunity, I will definitely take good care of Zhu Yun and Zhu Yun’s family.”

 “Pay due responsibility for what I do.”

"besides.…"

 Huang Xuemei turned to look at Zhu Yun's parents: "I know my uncle and aunt can't forgive me."

 “I can also feel the mood of my uncle and aunt.”

“But I still hope that my uncle and aunt can give me a chance to forgive me.”

“Here, I sincerely hope that my uncle and aunt can forgive me.”

While saying these words, Huang Xuemei bowed deeply to Zhu Yun's parents with red eyes.

Then he wiped the tears from the corners of his eyes and looked at the judgment seat again: "Presiding judge, I have finished speaking."

"OK."

Sun Zhengping nodded slightly: "Then let's ask the victim to entrust a lawyer to make a statement."

"OK."

Su Bai nodded and looked at the trial materials in front of him.

According to Huang Xuemei's point of view, how should I put it, she feels that she has confessed her crime and accepted the punishment.

 And sincerely apologize and ask for understanding.

 But what about actually?

 In fact, why did Huang Xuemei suddenly change her attitude during this trial, plead guilty and accept punishment, and ask for forgiveness?

And she cried at the trial and asked the presiding judge to give her a chance?

 She didn’t suddenly wake up and think she was wrong.

 But he knew that he could not change the fact of the penalty in any case.

 Want to reduce one's punishment, thus committing misfortune.

 Does she know she was wrong?

uncertain.

 But she must regret not handling the evidence properly.

She didn't know she was wrong, but she knew her life was doomed and wanted to reduce her punishment, so she did it to protect herself.

Su Bai’s court statement was also very simple, just four words, demanding severe punishment.

 After clearing his thoughts, Su Bai raised his head and looked at the judgment seat.

“Presiding judge, our court states as follows:”

“For this case, we would like to state and confirm several facts:”

“First: Huang Xuemei is an adult and has the ability to act independently. There are no legal provisions in the law. Because she is a student, she must be given a lighter punishment.”

 “This does not meet the relevant definition of the law.”

“One more thing, Huang Xuemei is a student, isn’t Zhu Yun a student?”

“As a victim, should Zhu Yun bear these circumstances?”

“Zhu Yun is also very young and has graduated from a higher education institution. She has been accepted by a well-known company and has a bright future.”

"But now that I have experienced this, from Zhu Yun's perspective, is it more cruel?"

“Or, from Zhu Yun’s point of view, should Huang Xuemei’s sentence be harsher?”

“Second: In this case, Huang Xuemei can stop the infringement on Zhu Yun multiple times.”

“Huang Xuemei had a long time to think about it, but Huang Xuemei showed no signs of stopping the crime and continued her criminal behavior.”

 “This is already murder.”

“Third: Huang Xuemei did not surrender or plead guilty after committing the crime.”

“It was only after the prosecutor provided sufficient evidence and saw that there was no possibility of him getting away with the crime that he took the initiative to plead guilty and accept punishment.”

"From a legal perspective... Huang Xuemei's behavior cannot have any impact on the progress of the case."

 “Then this kind of confession and punishment is invalid.”

 “Has she really realized her mistake?”

  “Actually not.”

“It’s just that she knew that she might be sentenced to a severe sentence, so she panicked and confessed.”

 “I want to reduce my sentence in this way.”

“This is Huang Xuemei’s subjective opinion based on objective facts and her behavior.”

“She didn’t know she was wrong, she just knew she couldn’t escape the sin, so she made a helpless choice.”

“Fourth: Our client’s family insists on not understanding.”

“The only family member of our client is Zhu Yun, an only daughter. The only request of the two relatives is that the murderer be punished accordingly.”

“Presiding judge, the above is all our statement.”

These four statements are relevant rebuttals based on the defendant and the defendant’s reasons for entrusting lawyers to exonerate themselves.

 Each point corresponds to the fact that it should be.

 Now everything that should be refuted has been refuted, and the facts are clear.

 Just waiting for the verdict.

 After finishing his statement, Su Bai raised his head and looked at the court seat, waiting for the presiding judge to knock the gavel.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)