Chapter 232: Closing Arguments
After Fang Aoqin finished speaking, he looked at Sima Qiqi, Sima Qiqi sat down slowly, then Fang Aoqin sneered, and then said: "When the defendant saw the photo of the deceased, the electrical signal changed very drastically, but it quickly returned to calm, experts believe that this is the defendant's brain may be affected, in this case, although the brain memory area has a response, but it is unable to transmit the signal to other areas of the brain, so the electrical signal returns to calm, but from the results of the examination just now, it can be known that the defendant has a memory of the crime scene." According to the previous witnesses, the defendant had a slight mental abnormality, and when he had a mental abnormality, he would be unable to control his behavior and have no memory of his surroundings, which was also a question that the defense lawyer had been raising before, that is, whether the defendant's brain was normal or in a state of mental abnormality at the time of the crime. ”
When Sima Qiqi heard Fang Aoqin say this, she sat up straight, looked at the big screen and then at Fang Aoqin, her brows were tightly knit at this time, and Sima Qiqi forced herself to calm down her breathing.
Fang Aoqin smiled and said: "Your Excellency, if the defendant is really in a normal state at the time of the crime, then even if it is diagnosed as a slight mental abnormality by several forensic psychiatric experts in the later stage, the defense lawyer will use this as the defendant to defend the person with limited civil capacity, and the defendant cannot be allowed to accept the relevant psychiatric hospital treatment supervision." ”
Sima Qiqi heard Fang Aoqin say this, the whole person slumped on the chair, heard Fang Aoqin say this, and pinched his hands, he never thought that Fang Aoqin would actually use this method as a means to fight back against Sima Qiqi, and he also felt that Fang Aoqin seemed to be a different person this time, and he was no longer the righteous and fair Fang Aoqin before.
Fang Aoqin looked at Yang Ming at this time and said slowly: "Witness, do the results of the brain forensic examination just now contradict the results of your forensic psychiatric diagnosis?" ”
Yang Ming looked at the results of the brain forensics on the big screen, and was stunned for a long time, Fang Aoqin knocked on the table, and then Yang Ming reacted, nodded hesitantly, and said slowly: "The brain forensics are mainly judged according to the changes in the left and right brains of people, as well as various hormones and electrical signals, and it is not contradictory to forensic psychiatric diagnosis. ”
Fang Aoqin smiled at this time, looked at the judge and said: "Your Excellency, according to the results of the forensic diagnosis of the ancillary evidence brain department, it is confirmed that the defendant was a normal person at the time of the crime, and he has memories of everything at the scene of the crime, but in the later stage, the defendant's brain did undergo abnormal mental changes, regardless of whether the defense lawyer knew it or not, in short, the defense lawyer wanted to shape the defendant into a person with limited civil capacity, so that he did not have to bear criminal charges for the criminal case he committed, and received psychiatric treatment in the corresponding psychiatric hospital. This is a deficiency of the law, and we have not evaluated it, but according to the technology of brain forensics, we can see that when such a mentally ill person kills a person, we can determine whether the murderer is in a normal or mentally abnormal state during the murder, so as to avoid allowing the criminal to evade the legal justice through mental abnormality. ”
The judge interrupted Fang Aoqin at this time and said, "Prosecutor, this is a criminal trial
The court is not a hearing on the applicability of the brain forensic examination, and the prosecutor should pay attention to your wording. ”
Fang Aoqin nodded and said slowly: "Your Excellency, we believe that the defendant's mental state was within the normal range at the time of the crime and he has memories of everything at the scene of the murder, so we request that the defense lawyer's application for admission to the corresponding psychiatric hospital for treatment be cancelled, and we request that the defendant be convicted of intentional homicide." ”
After listening to Fang Aoqin's statement, the judge looked at Sima Qiqi and asked, "Defense lawyer, do you have any new evidence to present in court or new witnesses to testify in court?" ”
Sima Qiqi stood up and looked at the defendant behind him very helplessly, then looked at the judge, sighed and said: "Your Excellency, I have no new evidence or new witnesses, but Your Excellency, I want to state here that there is no evidence to prove whether my client committed intentional homicide or impulse homicide, so if I directly convict my client of intentional homicide, I think it will be unfair to my client." I request that the case be adjourned to allow some time for the defence to recollect evidence. ”
The judge nodded when he heard Sima Qiqi say this, and said slowly: "I am very grateful to the prosecutor for proposing to use brain forensics to determine whether the mentally abnormal defendant was in a normal state at the time of the crime, which is a difficult point encountered in various cases at present, but this case is true, just as the evidence provided by the prosecution can only prove that the defendant was a normal person at the time of the crime, and cannot prove whether the defendant was premeditated intentional homicide or impulsive homicide, you must know that intentional murder and impulsive homicide are very different in terms of conviction, The Tribunal cannot immediately convict the accused on the basis of the current evidence. The court announced that the final trial of the case will be held in two days, and the prosecution and defense are requested to prepare closing arguments at that time, and the court will hand over the case to several senior judges for discussion together, hoping to get the fairest trial for the defendant, and ask the prosecution and defense to prepare closing arguments and leave the courtroom. ”
Sima Qiqi and Xiao Yan were like deflated balls, sitting on the chair for a long time without reacting, Fang Aoqin sorted out the information here, Fang Aoqin talked to the assistant for a few words, the assistant left the courtroom first, Fang Aoqin slowly walked towards Sima Qiqi, and then also came to Sima Qiqi to care about Sima Qiqi, seeing Fang Aoqin, he smiled very contemptuously and said.
"Prosecutor Fang is really powerful, by the way, didn't you work as the chief prosecutor in Changcheng City before, how can you still have time to come to Shuzhong City to deal with the case?"
Fang Aoqin looked at it, then looked at Sima Qiqi, who was bloodless at this time, and said with a sneer: "Maybe it's because the probability of success in Shuzhong City's recent prosecution is too low, and Ding Shan can't handle many cases due to physical reasons, and now they are all a bunch of fledgling juniors, in front of Lawyer Sima, I'm afraid Lawyer Sima will also have a feeling that he can't find an opponent, so the Shuzhong City Procuratorate asked me to come back as the deputy chief prosecutor to be responsible for criminal prosecution, and Lawyer Sima also asked me to give me more advice in the future." ”
Fang Aoqin stretched out his hand and was about to shake hands with Sima Qiqi, Sima Qiqi glanced at Fang Aoqin, did not make any movement, and took Fang Aoqin's hand when he saw this
Putting it aside, Fang Aoqin was not angry about his actions with Sima Qiqi, and smiled and said goodbye to the three of them.
Fang Aoqin walked a few steps, looked back at Sima Qiqi and said with a smile: "I also found that it was difficult to fight when I received this case at the beginning, the defendant's mental state has no witnesses, and it is impossible to prove whether it is a normal or abnormal state. ”
After Fang Aoqin finished speaking, he left slowly, Sima Qiqi sneered and whispered: "Attack the shield of the son with the spear of the son!" ”
Although the voice was small, he heard it with Xiao Yan, and the two looked at Sima Qiqi without speaking.
The two days passed quickly, and the last trial, that is, the closing arguments of the prosecution and defense, Sima Qiqi could feel the importance of this closing argument, and the success of Sima Qiqi's closing argument determined whether the defendant was admitted to a specialized psychiatric hospital for treatment and supervision or actually went to prison.
In this trial, Sima Qiqi's face was very solemn, and the judge's expression was not as usual as usual, and the judge had been frowning since he came in.
When the trial finally began, the judge looked at Sima Qiqi and said slowly: "Defense lawyer, you will start the closing argument first." ”
Sima Qiqi stood up and nodded slightly to the judge, and looked back at the defendant, Sima Qiqi could not do anything at this time and could only comfort the defendant with one look and make the defendant believe in himself.
Sima Qiqi took a deep breath and said solemnly: "Your Excellency, it is undeniable that my client did kill someone, but my client also had an expert from the forensic psychiatric department to evaluate and determine that my client has a slight mental abnormality, that is, a person with limited civil capacity in the law, and this kind of person is unable to control his behavior at the onset of illness. According to my client's condition, he is not suitable for prison, because from the time the police found my client to the present, my client's mental state has been deteriorating, it is obvious that my client's mental state has been very abnormal, even if my client may have been normal for a short time at the time of the crime, but we cannot treat him as a normal murderer, if my client goes to prison, my client will obviously become a vulnerable individual, which is fundamentally contrary to the principles of the law. If my client is unfairly ill-treated in prison by other inmates because of his mental state, which may cause my client to have a mental breakdown, I ask the court to treat my client as a person with limited civil capacity, and ask the court to sentence my client to a professional psychiatric hospital for treatment and social supervision until my client recovers and is approved by a psychiatrist to re-enter social life. ”
After Sima Qiqi finished speaking, he bowed deeply to the judge again, and Sima Qiqi did not care about his expression or words throughout the whole process
The speed did not change, and after Sima Qiqi sat down, his eyes never left Fang Aoqin.
The judge lowered his head to record the key points that Sima Qiqi had just said, and Fang Aoqin was not in a hurry to get up and make a closing speech.
After the judge finished writing, he slowly raised his head to look at Fang Aoqin, and said slowly: "Prosecutor, you can start making closing arguments." ”
(End of chapter)