Chapter 152: Allocation of Responsibilities
After a short silence, Nangong Tengfei raised his hand and said, "I'm sorry, prosecutor No. 1 didn't fully express the prosecutor's intentions. The most important thing is that Zhao Yan's boyfriend does not have anything to do with the actress, and the actress helps Zhao Yan's boyfriend become a more well-known singer entirely for the sake of Zhao Yan's face, and the actress has always promoted Zhao Yan after becoming famous. Zhao Yan's behavior has broken through basic morality. ”
Sima Luo immediately replied: "Prosecutor No. 2, you are very precise in making up this knife, obviously blaming your partner, but actually turning the undetermined matter into a fact, and then conducting an in-depth analysis. May I ask the prosecutors, how do you prove that the photos were leaked by Zhao Yan? I have a question for the witness. ”
After Sima Luo refuted, he walked up to the only witness, Wang Shou, and asked, "Wang Shou, did you see Zhao Yan take away the videotape or film?"
Wang Shou replied: "No, I just saw Zhao Yan go to Brother Sheng's office." ”
Sima Luo said: "That is, you can't prove whether Zhao Yan took the tape." ”
Judge No. 1 suddenly spoke: "I'm sorry to interrupt, this court does not apply to doubt the guilt, and it is enough to prove it with a high probability." It has been proved that it is enough for Zhao Yan to have the opportunity to get the tape, and there is no need to prove whether Zhao Yan really got the tape. The court was temporarily adjourned for half an hour, the restaurant prepared some snacks, and the court will start in half an hour, and in order, the trial will start with Shen Bing's crime. ”
……
Sima Luo's face was not good-looking, and he was quietly eating afternoon tea in the restaurant, which was very rich and had all kinds of handmade snacks, but Sima Luo didn't have any thoughts on food.
Cao Yun took a few baskets of snacks, poured a cup of coffee and sat aside, he could understand Sima Luo's mood. When Judge No. 1 said that this court does not apply to doubtful crimes, Sima Luo was tantamount to being beaten with a stick. Not only Sima Luo, but also 'iodine' Cao Yun's understanding. The innocence of doubt is a basic legal principle recognized by both legal systems, and it is also the most important basis for lawyers to fight criminal lawsuits.
It is not easy to look at Situ Yan again, and the next trial is a trick between him and the prosecutor. At present, of the three defendants, only Zhao Yan is in doubt, and the other two are equivalent to the nature of the trial, not the trial. At this time, the role of a lawyer is very much needed, because this is an ethical court, not a normal court.
On the other hand, Nangong Tengfei was in a good mood, and he expressed happiness with a smile on his face to the taste of food. Not only that, Nangong Tengfei also took the initiative to sit next to Yue Sanchi, Yue Sanchi didn't seem to want to pay attention to Nangong Tengfei at first, but he didn't know what Nangong Tengfei said, and the two began to whisper.
If you want Cao Yun to bet, Cao Yun will place Situ Yan, Situ Yan's hand holding the teapot is very steady, and the tea poured happens to be eight points full. In other words, Situ Yan's heart is very quiet. As for Nangong Tengfei and Yue Sanchi, there is a good saying, one monk carries water to drink, and two monks carry water to drink. Their position is awkward, they can't be pushed too hard, but they don't want to lose.
If I didn't guess wrong, Nangong Tengfei hoped that Yue Sanchi would be able to sing blackface, so he didn't hesitate to say his opinion. Yue Sanchi is still young after all, and listening to Nangong Tengfei's selfless explanation, he is quite grateful.
Cao Yun will not have it easy, because the second war may break out tonight.
……
The first war finally began.
Yue Sanchi said: "I think Shen Bing didn't leak photos, there is no motive, and there is no need for this, and the leakage of photos has a huge impact on Shen Bing himself." After the death of the actress, Shen's Pictures was investigated many times, and many of its well-known artists terminated their contracts with Shen's Pictures, and Shen's Pictures also fell into a three-year trough. At the same time, Shen Bing is the initiator of the kidnapping, and in terms of causality, Shen Bing has an unshirkable main responsibility for the death of the actress and is the first offender. ”
Situ Yan said: "I saw that someone was not pleasing to the eye and beat him, but I didn't expect that after being beaten, he would jump off the building in humiliation and commit suicide, did I kill him? Of course not, Shen Bing's situation is the same." The first point is that Shen Bing never meant to leak the photos, and the requirements for Li Sheng also illustrate this. The second point is that the same thing is not the same for different people, and suicide itself is a very bad behavior. The victim actress did not choose to cooperate with the police to arrest the real murderer, but chose to escape suicide, and this result was definitely not the result that Shen Bing was willing to see. Is Shen Bing wrong? Yes, of course he is wrong, he has done this to many people's beloved actresses. ”
"On the other hand, what if Shen Bing kidnapped an unknown ordinary woman? The answer is very clear, he will not mention this case in the Flame Court at all. The Flame Court must first prove its impartiality, that is, it must first remove the identity of the actress before considering this case. Again, is Shen Bing, the death of the actress, really the first offender? In the previous trial, the prosecution also agreed that it was the one who leaked the photos that leaked the culprit. There is no need for Shen Bing to pay for the death of the actress. ”
Situ Yan: "To put it simply, Shen Bing wants to control the situation, and the requirement is undeveloped film. But when it came time to execute, something went wrong, not only was the film developed into a photo, but there was also an additional videotape. According to the confession, Shen Bing looked for Li Sheng many times, Li Sheng didn't care about the kidnapping at all, Wang Shou developed the film, and Li Sheng defended Wang Shou. It's already happened, and that's all it can be. The actress knew that she was photographed, but she did not commit suicide, and still attended some activities after the filming. It was the behavior of some fans that made the actress temporarily stop. In other words, kidnapping, taking pictures themselves will have limited damage to the actress, and will definitely not reach the level of suicide. ”
Situ Yan said: "To sum up, Shen Bing is not only not the first offender and culprit in the death of the actress, but also has little responsibility for the death of the actress. Here, I would like to ask a question first, Flame Court, did you kill Shen Bing's only son, Shen Shi?"
Shen Bing in the dock stood up immediately, but there was a rope around his neck, which was pulled by the guards behind him, and not only sat back in his position, but also couldn't make a sound, as if he was being killed by someone.
Judge No. 1 said: "Shen Bing, don't worry, your Shen family is not dead, Shen Shi's girlfriend is five months pregnant, you better be quiet and cooperative." ”
Situ Yan walked to Shen Bing's side, holding the rope in his hand, the guard loosened a little, Situ Yan said a few words in Shen Bing's ear, Shen Bing nodded, took a deep breath and tried to restrain his emotions.
Situ Yan said: "Please answer my question head-on in the Flame Court." ”
The three judges exchanged their heads with each other for a while, and the No. 1 judge said: "Yes, we have controlled Shen Bing, and Shen Shi's father and son have noticed that something is wrong, especially Shen Shi is very smart. After discovering that Li Sheng's phone was suspected of being tapped, he began to use his brain. Shen Shi persuaded Shen Bing to turn himself in and explain everything to the police. The problem is that the time when Shen Shi asked Shen Bing to surrender happened to be the 20-year prosecution period of the kidnapping case. So the Flame Court decided to take some interest from Shen Bing first. ”
Judge No. 1 said: "We deliberately let people leave horses' feet, such as opening the safe of Shen Bing's house, taking photos of the actress being held hostage, and did not reset the photos. also contacted Shen Bing anonymously, and someone was tracking down the affairs of the actress. Our original intention was to hope that Shen Bing would turn himself in. But according to the information we eavesdropped, the reason why Shen Shi persuaded Shen Bing to turn himself in was that the kidnapping case had passed the prosecution period. The day of Shen Shi's death happened to be the day of the kidnapping 20 years ago, and they had planned to go to the police station the next day. In such cases, it is up to the Flame Court to fill the gaps in the law. ”
Judge No. 1 said, "The Flame Court admitted to killing Shen Shi, does Lawyer No. 3 have any other questions?"
Situ Yan: "No. According to what I just said, Shen Shi's responsibility for the death of the actress is minimal, since the Flame Court has punished the Shen family and deprived a young life. I think that the punishment of the Shen family by the Flame Court should be stopped, and the son will pay off the debt for his father, and the debt has been paid off, so please ask the court to release Shen Bing. ”
The prosecutor said: "Student loans are very popular now, students take ID cards and take pictures without clothes, and some students can't afford to pay back, so the photos are posted on the Internet." A very small number of students committed suicide in shame because of their parents' blame and other reasons. I would like to ask Lawyer No. 3, will the police increase the punishment for the first offender because a student commits suicide?"
Situ Yan thought for a long time, and finally nodded: "Yes, the court will consider the consequences of the crime as appropriate." ”
Yue Sanchi said: "It is impossible for the person who lent the money to think that the student would commit suicide, but because of his behavior, it led to the suicide of the student, and he must accept a more severe punishment." It should be noted here that the actress was reluctantly photographed under violent persecution, and the student took the photo voluntarily, and there is a world of difference between the two. Since the suicide of the person who voluntarily took the photo will increase the sentence, does the person who is forced to take the photo commit suicide without considering the sentencing? Here, I would also like to refute the fact that Shen Bing's crime is very small as that the kidnapping case led to the appearance of the photo, and the photograph was the cause of the death of the actress. I agree with the designation of the person who leaked the photos as the first offender, and I think that Shen Bing must bear the responsibility of the person who leaked the photos. ”
Yue Sanchi added: "I agree with Lawyer No. 3 that the father and son repay the debt, and the debt is clear, don't embarrass the Shen family anymore." It's just that I don't agree with Lawyer No. 3 very little. ”
Judge No. 1 said: "We have asked the prosecutor and the lawyer to rule on the defendant's question of how much responsibility Shen Bing bears. As for how to punish 100% of the responsibility and how to punish 1% of the responsibility, this is the judge's business. You're debating the distribution of responsibility, not whether it's enough to pay the debt. ”
After the judge explained the rules, both of them sat down and thought quietly, and finally Situ Yan said: "I think Shen Bing bears 10% responsibility." ”
Yue Sanchi said: "According to my analysis, Zhao Yan is the one who leaked the photos and should bear 60% of the responsibility, and Shen Bing and Li Sheng each bear 20% of the responsibility." ”
Sima Luo interjected: "Now there is no determination that Zhao Yan is the leaker of the photo." ”
Judge No. 1 reminded: "That's right, we all agree that Shen Bing is not the leaker of the photo. ”
Yue Sanchi didn't know what to say for a while, Nangong Tengfei said: "Everyone agrees that the responsibility of the person who leaked the photo is 60%, the three main personnel involved in the kidnapping case share 40% equally, and each person is 13% responsible." ”
Cao Yundao: "I don't agree that Li Sheng is 13% responsible, the reason is that Li Sheng didn't care too much about this matter, and explained it to Wang Shou, since Wang Shou has been in prison for ten years and the judiciary has punished him, I think it is enough." Lee Sheng is up to 5% responsible. ”
Judge No. 1 asked: "If 60% is not considered, does lawyer Zhao Yan agree to the 13% allocation of liability?"
Sima Luo said: "I don't agree, I think Zhao Yan's role in this case is less than Li Sheng, Zhao Yan is the minimum accessory, at most 5%. ”
Nangong Tengfei said: "First of all, let's rule out 60% of the responsibility for the leaked photos, how to distribute the 40% responsibility for the kidnapping case? First of all, the kidnapping case was planned by Shen Bing, it was Shen Bing who invited Zhao Yan to ask Zhao Yan to make an appointment with the actress, and it was also Shen Bing who asked Li Sheng to kidnap the actress. From this point of view, it is not an exaggeration for Shen Bing to bear 20% of the responsibility. ”
Judge No. 1 said: "I agree with the prosecutor's statement, it doesn't matter who leaks the photos, first divide the responsibility for the kidnapping case clearly, so that how to deal with the crime of Shen Bing who did not leak the photos." ”
Nangong Tengfei said: "This case was triggered by Shen Bing's pursuit of monetary interests, I will give Lawyer No. 3 a chance now, Shen Bing is willing to bear 20%, I won't say it, I don't want to, we have to continue to debate." ”
Situ Yan was silent for a long time and asked, "How many people need to die for 20% of the responsibility?"
The judge said: "How the punishment needs to be done is the judge's business. ”
Shen Bing said suddenly: "I recognize this 20%." "He is a smart person, and he knows that it is not impossible for him to exceed 30% if he continues to argue.
Situ Yan sat back, and Nangong Tengfei didn't say anything anymore.
Judge No. 1 said: "All three defendants were involved in the kidnapping case, and after excluding their parents, the three defendants plus their immediate family members make a total of 13 people, that is, 40% of the total liability is 13, and every 3% has a life." 20% responsibility counts as six lives of your Shen family, one for Shen Shi, and then there are three lives for Shen Bing, Shen Bing's wife, and Shen Bing's grandson, and the Shen family only has four lives to repay the debt. Therefore, this court pronounced a verdict, and all the people in the Shen family were executed. ”
Everyone was in an uproar, which was too ruthless.
Judge No. 1 ignored it and continued: "But this court will not be so rigid, if Shen Bing cooperates with the court in the next trial, the court agrees to keep the Shen family alive, as for who to keep, it is up to Shen Bing to consider yourself." ”
Paralysis, this knife kills people ruthlessly. Just like an electric shock, you will be accidentally electrocuted, and you will be electrocuted knowing that there is electricity. The destruction of the Shen family and Shen Bing's choice to live alone not only gave Shen Bing hope, but also cruelly asked Shen Bing to make a choice, and at the same time showed the atmosphere of the court.
That's right, it is normal to choose grandchildren, which forces Shen Bing to kill himself and kill his wife who has been with him for decades. As far as Cao Yun is concerned, if he is Shen Bing, he would rather have the jade broken than seek the whole tile. When people reach a desperate situation, they are willing to dare to pull the emperor off the horse.
Of course, just thinking about it casually, the court did give hope, and this hope made Shen Bing as obedient as a grandson in the next trial.
I can play, I really know how to play. You have guns, and you can play however you want.
However, if you have a gun, you can only play yin, you could have sneaked into the village, and you didn't want to shoot a gun. But if you want to set up a torii, then you have to play.
。 Sogou