You became a lawyer and sent the judge in?

The evidence in this case is uncontroversial.

Evidence of homicide exists.

The factual basis is complete and the evidence chain is conclusive.

Although there were no cameras during the incident, it was impossible to refute the facts based on the confession, murder weapon and other facts.

As for Su Bai's application for a crime of passion, it was rejected.

Of course Ye Hua knew how to refute.

But as a first-class lawyer, he knew very well that his rebuttal could easily be dismissed by the other party.

At the same time, judging from the situation of the last first instance judgment.

The most important factors in determining a crime of passion are Wu Xingguo's confession, his emotional state and sophistical perspective.

Let’s explain the situation at that time from Wu Xingguo’s oral confession and Wu Xingguo’s subjective purpose.

Finally, the most important thing is to proceed from the perspective of defense.

This method of pleading is feasible before ordinary lawyers.

But it is only feasible before ordinary lawyers.

After all, for lawyers, on-the-spot reaction is very important.

But this kind of defense would not work for Su Bai.

Why?

Because he had understood that Su Bai, as a well-known criminal lawyer in Nandu, would find it too easy to refute this kind of defense.

The other party is fully familiar with various criminal regulations and is able to apply them in court trials.

not to mention.

Why did the Sudu High Court accept a new trial of Wu Guoxing's case?

It was because it was determined that there were certain omissions and problems in the first-instance judgment.

Otherwise, the High Court will not accept the second-instance appeal request.

As Wu Guoxing's litigation attorney in the first-instance judgment, he certainly knew where the omissions and problems lay.

If Su Bai refutes these omissions and issues.

He really didn't know how to continue his plea.

Thinking of this, to be honest, Ye Hua didn't understand how to deal with Su Bai's next attack after answering Su Bai's questions.

"Forget it, forget it, I don't think about it too much for now."

Ye Hua thought silently in his heart.

Now we can only continue to explain Su Bai's question.

See if there is any chance of rebuttal.

What if the other party is in vain?

Then he won't make a profit.

After clarifying the current situation.

Ye Hua opened his mouth to refute Su Bai's question.

“We do not agree with the litigants’ stated views.”

"First of all, judging from the evidence provided by law enforcement, Fang Zhihui did not insult Wu Guoxing or engage in other extreme behavior."

"but."

"We need to determine what the situation was at that time, and then determine whether Fang Zhihui had any influence on Wu Guoxing."

"What was the situation?"

"The situation at that time was that Wu Guoxing was going to look for Wang Yuan, and he happened to meet Fang Zhihui, who was coming back from outside.

Fang Zhihui knew the relationship between Wang Yuan and Wu Guoxing, the conflict between Wang Yuan and Wu Guoxing, and understood that Wang Yuan did not want to see Wu Guoxing.

In this case, two people appeared at the location of the crime at the same time, which was at the door of the shared apartment where Fang Zhihui and Wang Yuan lived together. "

"Both Wu Guoxing and Fang Zhihui knew that Wang Yuan was in the shared rental house."

"But when Wu Guoxing asked Fang Zhihui, Fang Zhihui's answer was that Wang Yuan was not in the room they shared."

"This is obviously a case of lying."

"And Wu Guoxing confirmed that Wang Yuan was in their rental house."

"In this case, Wu Guoxing obviously asked Fang Zhihui with purpose."

"But what about Fang Zhihui...?"

"Fang Zhihui's approach was to ignore Wu Guoxing's inquiry."

"And tell Wu Guoxing not to disturb Wang Yuan anymore."

"Wu Guoxing's purpose of finding Wang Yuan this time was mainly to resolve some personal grievances. He was originally in a irritable mood, and Wu Guoxing's personality is relatively irritable."

"Everyone can understand this through friends and relatives around Wu Guoxing."

"With the above conditions as a background, it leads to a result."

"That was his lying behavior to Fang Zhihui, which aroused Wu Guoxing's anger."

"In this process, there is another important point, that is, Wang Yuan in the rental house asked Wu Guoxing to leave."

"Wu Guoxing was very angry when faced with Fang Zhizhi's deception."

"So the original act of revenge against Wang Yuan fell on Fang Zhihui."

"Wu Guoxing committed a crime of passion, and the other party wisely carried out the criminal process."

"Throughout the entire incident, Fang Zhihui did not use words to tease or irritate Wu Guoxing."

"But she knew clearly that Wu Guoxing had an angry personality, yet she still chose to treat Wu Guoxing indifferently and deceive him."

"Under these conditions and background, isn't this another kind of irritation?"

"This is also a case of criminal provocation and provocation."

"In interpreting the law, we should not be limited to the interpretation of legal provisions, but should also apply it to the corresponding legal scenarios."

"In the legal situation described above, isn't Fang Zhihui's behavior considered another provocation against Wu Guoxing?"

"You must know that Wu Guoxing's intention at the beginning was not to target Fang Zhihui, but to ask Wang Yuan for an accurate statement."

"And I happened to meet Fang Zhihui. It was under Fang Zhihui's indifference and lying that I committed the crime against Fang Zhihui."

"In this specific legal situation, we believe that Fang Zhihui's indifference and lying behavior are a kind of provocation and irritation to Wu Guoxing."

"That is, we believe that Wu Guoxing's actions were crimes of passion and should be sentenced lightly."

Facing Ye Hua's plea, Su Bai:? ? ? ?

Okay, okay, this is how you understand crimes of passion, right?

That’s how you understand certain legal situations, right?

According to that.

Could it be that Wu Guoxing struck up a conversation with passers-by on the road, and they ignored him. He felt that they had offended him, and then he took out a knife and committed the murder. This is also a crime of passion, right?

Can this thing be called a crime of passion?

Is the other party testing his legal knowledge?

He has made it very clear just now that crimes of passion refer to crimes without any intention to kill.

And there are many restrictions.

To put it bluntly, according to the legal definition, the death of the party involved is usually caused during the process of resistance, which is called a crime of passion.

Generally speaking, it applies to excessive defense or legitimate defense.

Of course there are other situations.

But it depends on the specific situation.

For example, the Qi Feng case and the Qin Xiaofeng case.

One of these two is a crime of passion exercised in the course of self-defense.

One is a "crime of passion" committed when the other party is verbally offended.

In the first process, Qi Feng suffered serious danger while driving a crime of passion, so it was determined to be self-defense.

In the second process, the victim had no ability to threaten Qin Xiaofeng, and Qin Xiaofeng continued to commit crimes.

It is obvious that it is no longer an emotional crime. It is entirely caused by oneself and has little connection with others, thus deviating from the basic standards of a crime of passion.

And the first article of crime of passion has been stated very clearly.

It must be the perpetrator's emotional agitation caused by the victim's serious mistake.

Respond based on Ye Hua’s statement above.

Did Fang Zhihui make a mistake?

Not okay at all.

If they don't answer your questions, you'll go and attack them. Now you're blaming them for not responding to you.

If someone doesn't respond to you, is this a serious mistake?

You blame the victim for your own mood swings, saying they were caused by the victim's indifference and lies.

What are you talking about?

What, you don’t understand the law when it comes to bullying people, right?

Facing Ye Hua's statement, Su Bai smiled and said, "I would like to ask Lawyer Ye."

“According to Lawyer Ye’s statement and the specific legal scenario described.”

"for example."

"If you take on a case, but the case falls far short of what the client wants, then the client commits a criminal act against you."

"The point is: He is an angry man and you failed to meet his requirements by taking his case."

"So he attacked you."

"In this case, does the other party count it as a crime of passion?"

"After all, according to the point of view stated by Lawyer Ye...a crime of passion means that the other party thinks you are at fault. You are just at fault, regardless of the legal basis."

"Asking is about being in a specific legal situation."

"Lawyer Ye, what do you think the sentence should be if there really is such a person?"

"At the same time, I would also like to ask the attorney of the party being sued. Regarding the conditions for crimes of passion, I have just stated them."

"What a crime of passion requires is that the victim was seriously at fault before the perpetrator committed the offense."

"Does the attorney of the party being sued think that Fang Zhihui made serious faults in the process of Wu Guoxing's committing the crime?"

"If the agent of the party being sued determines that Fang Zhihui made a serious fault in the entire process, then could the agent of the party being sued please tell us what serious fault is?"

Ye Hua:….

silence.

Wu Jianlei on the side tugged at the corner of Ye Hua's clothes anxiously: "Lawyer Ye, speak!"

Ye Hua: What else can I say?

Originally, in the first instance of this case, he used some tricks to get Wu Guoxing sentenced to eight years in prison.

In fact, if it were an experienced public prosecution lawyer, or the lawyer hired by Xie Jingmei was of a higher standard.

Then Wu Guoxing started at least 13 years ago.

Judging from the current situation, Wu Guoxing will definitely not be judged as a minor case of intentional homicide.

At present, the plea point of view has almost been implemented.

Wu Guoxing will definitely be judged as a serious case of intentional homicide.

However, serious cases of intentional homicide are also divided into several categories: death penalty with suspended death penalty, life imprisonment, and fixed-term imprisonment.

He really couldn't answer the question positively from Su Bai.

Facing Wu Jianlei and Li Xin, they were waiting anxiously.

Ye Hua took a deep breath and waved his hand, signaling the two of them to stop being so nervous.

Then, he looked at Su Bai:

"We believe that all cases should be judged and determined based on the circumstances at the time."

"As for Wu Guoxing's criminal behavior and the process of committing the crime, his mental state and his character factors must be taken into consideration."

"This will be used as the main criterion for determining penalties."

Is this to avoid questioning and tell your own story?

Or is it that the other party can only bully some lawyers who don’t understand the laws and regulations very well.

Knowing that there is no way to defend this key point, so you want to fight for Wu Guoxing in other ways?

But anyway...

This kind of intentional murder will definitely not lead to a life sentence.

No matter how the other party pleads, it cannot change the fact.

That's the proof!

Intentional homicide is killing someone who has nothing to do with you.

Just want an eight-year sentence?

Do you think it's possible?

Facing Ye Hua's statement, Su Bai responded directly:

"Does the criminal Wu Guoxing have any mental illness?"

"His violent personality was caused by the environment in which he grew up. It has nothing to do with other factors. The determination of the criminal facts is only related to the crime itself."

"We believe that such an angry personality will have a more negative impact on society."

"So we demand a harsh sentence for Wu Guoxing's intentional homicide."

Anyway.

The defense regarding Wu Guoxing is now over.

It's not that Ye Hua's level is not good, but after mastering the factual evidence and Su Bai studying the opponent's arguments in advance.

The other party has no way to refute.

Since it cannot be refuted, the first-instance judgment on Wu Guoxing must be revoked.

As for how many years of the sentence?

Su Bai still has the same view, which has caused great social influence. If it does not reach the level of death, he will definitely not be able to escape the life sentence.

Boom!

On the court bench.

Zhou Guangyu banged the gavel. Judging from the defenses of both parties so far, there is nothing much to say.

After sorting out the information for a while, Zhou Guangyu shifted his gaze from the party being sued, Ye Hua, to the party being sued, Su Bai.

"The collegial panel has heard and understood the pleas of both parties."

"The collegial panel will ask some key questions below."

"Wu Guoxing, the criminal perpetrator, what were your subjective thoughts when the other party was smartly committing the crime?"

Faced with the sudden inquiry, Wu Guoxing was stunned for a moment, and then spoke:

"I felt that she was ignoring me, and I was very angry. Then I heard Wang Yuan talking in the room, and I became even more angry, and then I took action."

Boom!

"So, lawyer representing the party being sued, do you have any additional evidence or legal regulations that you would like to add and state?"

Ye Hua said: "No... presiding judge."

Boom!

"Since the defendant has no further evidence or legal regulations to add and state."

"Then based on the evidence and relevant factual basis submitted by the law enforcement parties and Wu Guoxing's confession."

"It is now determined that Wu Guoxing is not a crime of passion."

"The reasons are as follows:"

"First, although the initial purpose of Wu Guoxing's criminal behavior was not Fang Zhihui, it was Fang Zhihui who carried out the criminal behavior. There is no legal causal relationship between the process of committing the criminal behavior and the purpose."

"Second, Fang Zhihui did not cause serious mistakes to Wu Guoxing and did not commit any infringement. Based on this, Wu Guoxing was not a crime of passion, but his own personality factors led to his sudden murder."

"Does the defendant Wu Guoxing and his authorized agent have any objections to the determination of the above two points?"

"If you have any objections, please state the relevant factual and legal basis."

"Don't make too many statements that are not relevant."

The last sentence... is equivalent to talking about other nonsense, don't say more, just focus on whether you have any objections to the judgment of the above two points.

Ye Hua:….

"Presiding Judge, there is no objection."

Boom!

"The defendant has no objection, so let's defend the next point of defense in the trial."

The gavel fell.

Su Bai breathed a sigh of relief. It was actually not difficult to revoke the first instance verdict.

Because the judgment of the first instance was completely without much basis.

The other party is a sophist!

The verdict of the first instance even made Su Bai suspect that the presiding judge at that time had collected the items.

But after reading the dossier, I realized that it was really because the lawyer was not good enough.

Therefore, the focus of this trial is not on the accusation against Wu Guoxing, but on the accusation against Wang Yuan.

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