Wang Mingxuan's case.

The retrial was filed with the Shadu High Court.

Su Bai soon submitted relevant materials on the issue of the first-instance judgment in Wang Mingxuan's case.

As a result of this case.

Controversial in itself.

Then there is the case itself, there are many problems.

Therefore, after Su Bai submitted relevant materials and evidence to apply for a retrial.

The Shadu High Court quickly responded, accepting and hearing the case.

Wang Mingxuan's application for trial in the second instance was approved.

After the second instance was passed, the court quickly issued summons to all parties.

Su Bai also made a certain summary and understanding of this case.

The reason why Wang Mingxuan was sentenced so heavily.

The conviction given in the first instance was:

Negligence causing death.

moreover

has a huge social impact.

The woman's actions were not foreseen and there was a certain degree of subjective negligence.

The woman's failure to respond in a friendly manner during the inquiry to change the route led to and contributed to this behavior.

And subjectively speaking, Lin Xiu had a huge panic on the eve of jumping out of the car, but Wang Mingxuan foresaw it and did not stop it, which led to the final result.

So as to determine: gross negligence, maximum punishment.

Tut.....

Isn't that.....

Under the premise of the lack of strong evidence and absolute interpretation of the legal provisions, relying on the subjective factors of the trial members and the prosecution's accusations, how can it be determined that Lin Xiu is panicked?

Again.

Wang Mingxuan foresees....

Did he foresee Lin Xiu's panic or jump out of the car?

Panic and car jumps.

There is no complete causal relationship between these two things in criminal law!

Su Bai speculated that the presiding judge of the first trial might be a woman.

From a woman's point of view, this case will be decided.

led to Wang Mingxuan being punished and directly sentenced to seven years in prison.

Rather than considering the case from the point of view of evidence and reason.

Wait until Su Bai went to check on the members of the collegial panel of the first instance.

Three female judges

Well, indeed the female presiding judge

Rubbed his temples.

Su Bai took a long breath, now it's just a matter of waiting for the second instance to open....

Wait a minute....

The second instance is opened....

Su Bai came back to his senses and glanced at the judge, fortunately, the presiding judge was a man.

As long as it is not the presiding judge, the judgment is made subjectively.

Then there won't be much of a problem with this case.

.

….

On the eve of the trial.

Su Bai asked Xia Xue again about Lin Xiu's parents asking for a million settlement fees.

It was carried out under the mediation of the courts.

It does not constitute extortion.

Although it is said that it is a lot, the actual nature is similar to Guo Xiaojun's case.

In this case, there is only one commission, and that is to fight against the prosecution's accusations.

.

….

The time was very fast, and it was time for the High Court to hold the hearing.

Waiting room.

Su Bai and Li Xuezhen waited for the court to open in the waiting room.

It didn't take more than ten minutes.

A staff member entered the waiting room and notified Su Bai and Li Xuezhen to enter the trial scene.

.

….…

At trial.

After the clerk read out the trial discipline, the sentence reads: "All stand and invite the presiding judge and judges to enter the courtroom." ”

Boom.

All stand up.

Su Bai raised his head slightly and looked at the presiding judge's seat, judge: Feng Qian, presiding judge: Jiang Hetao, judge: Zhang Yingying.

Wait for the presiding judge to stand on the judging table.

Knock knock.

The gavel sounded.

"All of you, please be seated."

This is followed by the verification phase.

There are only two prosecutions, Su Bai and Li Xuezhen.

The prosecution is two female prosecutors, namely Xu Qing and Lu Hongmei.

Among them, Lu Hongmei spoke as the chief prosecutor.

Su Bai remembered that in the first trial, Lu Hongmei, as a public prosecution lawyer, was very fierce against Wang Mingxuan's accusations in the trial.

There is a feeling that Wang Mingxuan wants to be sentenced to death....

I don't know why Lu Hongmei is so hostile to men....

Could it be a subjective factor in marriage?

Su Bai shook his head, the court had already begun, so he didn't continue to think about it.

After Lu Hongmei noticed Su Bai's gaze, her eyes swept over coldly.

Li Xuezhen whispered: "Lawyer Su, that Lawyer Lu's eyes are so fierce."

Su Bai smiled: "Don't worry about her, she won't be fierce after a while." ”

"Oh."

"Good Lawyer Su"

Li Xuezhen nodded seriously with a small face, and then set her eyes on Lu Hongmei's body.

Lv Hongmei: ???

.

….…

Knock knock!

Identity verification is complete.

The trial of the Yangtze River sounded the gavel.

"The identity of the personnel information has been verified."

Boom!

"This case was heard by the Shadu High Court, and the members of the collegial panel: Judge Feng Qian, Judge Jiang Hetao, and Judge Zhang Yingying."

"The following is the cause of action in this case."

"In this case, the litigant believes that the first-instance judgment is unreasonable, and submits the second-instance trial to make a not-guilty defense, is the cause of action true....?"

"Presiding Judge, the cause of the case is true."

Knock knock!

Jiang Hetao rang the gavel and continued to speak:

"If the cause of action is true, the litigants are invited to state the litigation application and the factual or legal basis as a supplement to the trial."

"Okay presiding judge."

Su Bai nodded, and after briefly sorting out the trial materials in front of him, he slowly spoke:

"Presiding Judge."

"Our claim is as follows:"

"1: We believe that the first-instance judgment imposing us on seven-year imprisonment is unreasonable, and this judgment completely violates the equal rights and interests of all people in the law and infringes upon our legal rights and interests.

Hiss.

As soon as Su Bai's first sentence came out, the trial scene was silent for a few seconds.

It is not that you apply to set aside the judgment of first instance, and there is no problem.

There is no problem with applying for innocence.

But what do you mean by that?

It is completely contrary to the equal rights and interests of all people in the law.?

That's a bit of a big deal.

You're going to send the judge in before

But you can't say that in court, right?

Jiang Hetao on the trial bench frowned slightly and did not speak.

Su Bai noticed the changes in the trial, but he didn't care too much, he said this, of course, he had his own plans

This is just a foreshadowing for the future.

The presiding judge did not call a stop.

So it doesn't mean that it's not a big problem.

Su Bai continued to speak: "Presiding judge, our litigation application has been stated. ”

The case is blunt.

There is only one delegation.

That is to make a not guilty plea.

The law is generally biased in favor of the deceased in court proceedings.

This is also the difficulty of making a not-guilty defense.....

But in fact, if you really want to talk about it according to the rigor of the law, Wang Mingxuan only has humanitarian compensation.

Even compensation in the legal sense can be applied for a judgment that does not exist.

Moreover.

This humanitarian compensation still depends mainly on Wang Mingxuan's personal wishes.

Knock knock!

After Su Bai finished speaking.

Jiang Hetao rang the gavel and looked at the prosecutor's seat: "Now please ask the prosecutor to make a statement and apply for a lawsuit." ”

Lu Hongmei glanced in Su Bai's direction, and then said in a flat voice:

"Presiding Judge, we apply to dismiss the litigation application of the litigant."

"We believe that in this case, Wang Mingxuan is obviously at fault."

"Judging by the overall course of the case."

"Wang Mingxuan deviated from the route in the process of pulling goods, and did not stop it in time when he foresaw that the victim Lin Xiu had jumped out of the car."

"It has clearly constituted a crime of negligence."

"We believe that the judgment of the first instance is reasonable."

After hearing Lu Hongmei's statement, Su Bai: ????

No, what do you mean by that..?

Do you know what you're talking about?

What does it mean to foresee that the victim Lin Xiu jumped out of the car, is this foresight your own imagination?

What is the most important thing in a trial?

Evidence!

Evidence!

Or evidence of TM!

You don't show the evidence, what about the nonsense ..?

Void foresight?

Su Bai raised his hand: "May I ask if the prosecution can show Lin Xiu's behavior of jumping out of the car, and does our party Wang Mingxuan have obvious foresight?" In other words, why did the prosecution find that our client had committed the crime of negligence causing death? ”

That's it.

Su Bai looked at the prosecutor's seat.

When Lu Hongmei heard Su Bai's question, she spoke without thinking:

"In accordance with Article 233 of the Criminal Law:"

"Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the circumstances are more minor, shall be sentenced to fixed-term imprisonment of not more than three years."

Su Bai: ????

The answer of the lawyer of the first instance.?

If this is the prosecuting lawyer of the first instance, then he should wonder if there is anything wrong with the judgment of the first instance and initiate a review and supervision procedure.

"Please ask the prosecution to answer the questions posed by us."

"What is the basis by which the prosecution found that we committed the crime of negligence causing death?"

"Legally, the clear definition of a crime of negligence is that negligence causes death, which refers to negligence causing death and negligence causing death due to overconfidence."

"The former refers to the fact that the perpetrator should have foreseen that his actions might cause the death of others, and because of his negligence, he failed to foresee them, resulting in the death of others."

"The latter refers to the perpetrator who has foreseen that his or her actions may result in the death of another person."

"But if the death of another person can be avoided because of credulity, it is also classified as negligence causing death."

"However, if the perpetrator is not subjectively negligent, but causes the death of another person due to other unforeseeable reasons, it is an accident, and the actor does not bear legal responsibility."

"Above."

"It is an interpretation of the application of the law on the death of a person by negligence in Article 233 of the Criminal Law."

"I would like to ask the prosecution, on what basis do you make a judgment that our client caused death by negligence?"

Su Bai had a direct showdown.

Don't talk to the prosecution anymore.

Since the other party has been answering the wrong question and hiding his thoughts, he will have a direct showdown, saving trouble or any other situation.

After hearing Su Bai's statement, the corners of Lu Hongmei's mouth raised slightly.

Apparently.

She deliberately asked Su Bai to say these words just now.

Su Bai saw this, but he didn't care very much.

Trial.

Relying on hard power, with the premise of hard power, other careful opportunities can be useful.

You don't have hard power.

Everything else is for nothing.

Lu Hongmei said solemnly: "According to the constitutive conditions of the crime of negligence causing death that the lawyer of the litigation party just presented. ”

The key point is whether Wang Mingxuan has the possibility of "foresight" and "foresight". ”

"Here, I would like to ask the person concerned a few questions."

"First, before you drove the car, according to what you complained, did you have a conflict with Lin Xiu?"

"Second, did you clearly inform Lin Xiu in advance before changing the navigation route? In other words, can you be sure that Lin Xiu knows. ”

"Third, did you see Lin Xiu sticking his body out of the car window? What was your first reaction when you saw Lin Xiu sticking her body out of the car window..? Don't you think she won't jump out of the car? ”

"Please answer me to the above three points."

Su Bai frowned slightly.

Raise your hand.

"Presiding judge, I think that the three questions raised by the prosecution do not conform to the trial process!"

"The third question, the prosecution lawyer is obviously inducing when asking questions!"

Lu Hongmei: "Where is my question inducing?!" ”

"I want to ask the prosecution, why do you want to ask us if we think Lin Xiu will jump out of the car?! The concept of jumping out of the car, isn't this inducing?! ”

"What is the purpose of asking us this question?!"

"Regardless of whether we answer yes or no, do the prosecution's lawyers grasp this point and accuse us of subjective consciousness?"

"Presiding Judge, the prosecution lawyer raised this kind of issue that does not conform to the process, and I apply for the prosecution lawyer's recusal!"

Avoid!

To put it bluntly, it is directly invited to appear in court.

When Lu Hongmei heard Su Bai's words, she was directly stunned, so she directly applied for her to recuse herself?

"Presiding Judge, my question is only based on normal questioning, not inducing, please reject the application of the litigant's lawyer, and the litigant's lawyer interrupts my questioning, which is obviously interfering with the trial process, and I apply for the litigant's lawyer to recuse himself."

Su Bai: ???

Just hit it upside down, right?

6….

I interrupted this obviously reasonable, and you asked me to avoid it.

You see how the presiding judge hits the hammer and it's over.

The judgment seat, on the presiding judge's seat.

Jiang Haitao heard the speeches of the two sides, and banged the gavel.

Glancing at the other two judges of the collegial panel, he spoke:

"The prosecution's lawyer's question of fees violates the rules of trial questioning, and the prosecution's lawyer's question of whether he thinks Lin Xiu will jump out of the car is now rejected in Article 3."

"Also dismiss the prosecution's request!"

Knock knock!

"The trial continues."

This rejection is an indirect determination, and Lu Hongmei's question is a violation.

After hearing the presiding judge's words, Lu Hongmei glanced in Su Bai's direction.

I don't know what's going on in my mind.

Then he looked at the parties' seats.

"Please answer my questions above."

Wang Mingxuan was afraid that he had answered wrong, so he cautiously glanced in Su Bai's direction.

Su Bai's eyes signaled what to say, just say it.

Wang Mingxuan took a deep breath and looked at the presiding judge's seat.

Speak slowly:

"I had a conflict with that Lin Xiu before, but before I got in the car, it was normal after getting in the car, and there was no quarrel."

"The matter of changing the route, in fact, I mentioned it to Lin Xiu, and when she asked me halfway, I also told her."

"It's just that maybe the tone isn't too good.... What I mean by this is that you can avoid the cameras if you change routes, because there are some places in Shadu where trucks are not allowed to pass by, and points will be deducted. ”

"The third question...."

"I did see Lin Xiu leaning on the car window...."

"I didn't think much about it at the time, I just felt dangerous...."

"Then I let go of the throttle, turned on the double flash, and prepared to reduce the speed."

"I'm done...."

Wang Mingxuan slowly opened his mouth and answered all the questions asked by Lu Hongmei.

At this time, Lu Hongmei continued to attack and ask.

"You and Lin Xiu had a quarrel before they got in the car...."

"You changed your route again, didn't clearly state the reason for your change of course, and your tone wasn't very good."

"At this time, Lin Xiu leaned out of the car window, and you stepped on the brakes, didn't you already know that Lin Xiu had the idea of jumping out of the car?"

"If not, then why did you hit the brakes?"

"Shouldn't the normal reaction of a normal person be to stop the other person from leaning out of the car window?"

"At the same time."

"You said that you had a quarrel with Lin Xiu before you got in the car, so Lin Xiu will naturally panic in the car."

"Her subjective emotion is worry, especially for a woman, who is relatively panicked when a young woman sits in the car compared to staying in the car with a strange man."

"At this point, you should have foreseen it..."

"But!"

"Why didn't you stop her as she leaned out of the window?"

"This ....."

Wang Mingxuan didn't know how to answer.

After listening to Lu Hongmei's question, Su Bai frowned.

Is this asking questions?

Isn't this a trick on the parties?

What does it mean to not block when you are the first to peek out of the window?

If you don't stop it, isn't it because you didn't know it?

And also!

What does it mean to be foreseen?

"Should", "Probably", "Maybe", etc....

What these words indicate is something inaccurate.

The trial is all about evidence!

Evidence Evidence Evidence!

Say the important thing three times.

This Lu Hongmei properly wants to borrow a cliché to make Wang Mingxuan fall into the pit, right?

Su Bai raised his hand and directly interrupted Lu Hongmei's question.

"As Wang Mingxuan's agent, I would like to ask the prosecution lawyer a question."

"I would like to ask the prosecution lawyer to use these words, can the prosecution lawyer come up with sufficient evidence for these questions?"

"Is your suspicion justified?"

"If the trial uses a vague subjective concept that you think and I think should be roughly the same, then I think we are not guilty, is there a problem?"

"Presiding Judge...."

"The law is all about evidence, and without evidence, only suspicion is used, which is completely inconsistent with the process."

"I apply, stop the prosecution and ask questions of our client!"

Knock knock!

The judge Jiang Hetao rang the gavel and looked at the prosecutor's seat.

"Agree to apply! The prosecution's lawyer is no longer allowed to question the client Wang Mingxuan! ”

Lv Hongmei: ???

No, I'm not done yet!

This is interrupted, forbidden.?

PS: Ask for a monthly pass~

(End of chapter)