On the court court.

Lu Hongmei stared closely at Su Bai in the seat of the litigant.

？？？

What does this mean, all the time aborting her questioning?

Don't let her continue to ask questions?

Su Bai noticed Lu Hongmei's gaze and didn't pay too much attention to it.

In court trials, it is precisely the abundance of such unscrupulous lawyers that will lead to so many unjust, false and wrongful cases.

Appeals have not been able to get the results they want for many years.

To commit a crime is to commit a crime.

Not committing a crime is not committing a crime.

Everything is according to the law and regulations, according to the evidence, what kind of "subjective" and "should" calves are you talking about?!

To prove guilt, then the evidence must be presented, and the person cannot be convicted just because there is a result of something.

According to your inducement and your subjectivity.

If you feel guilty, you are guilty, and if you feel innocent, you are innocent.

The right to interpret the law is in your hands.?

Come on, come on.....

You let him sit on the judgment seat, and let the one in the middle come to see if he dares to say that the explanation is in his hands.

If he dares to say it today, then the achievement point is achieved.

At this time, Li Xuezhen whispered:

"Lawyer Su, I think the lawyer on the other side... There is no lawyer's ethics."

"Hmm!"

Su Bai nodded.

Lu Hongmei induced the parties to speak, which was indeed unethical

How to say it

In the trial, you can come up with evidence or the scope of application of the legal provisions to justify, and there is no problem at all.

But you induce the subjectivity of the parties in the trial. Isn't that outrageous?

Asking questions is prohibited.

This can be regarded as a relatively light sentence from the presiding judge.

Seriously, directly open the silence or directly order to leave the trial scene.

.

….…

Knock knock!

The trial of the Yangtze River sounded the gavel.

"There is a suspicion that the prosecution's questions are guided to a certain extent, and the prosecution's questioning of the parties is hereby suspended, and the prosecution is requested to continue to make statements."

Boom!

The sound of the gavel falling is heard.

Lu Hongmei took a deep breath.

Knowing that he couldn't continue to ask, he could only continue to speak:

"Presiding Judge."

"According to the evidence and the statement of the party Wang Mingxuan just now."

"It has been explained that Wang Mingxuan has foreseen that Lin Xiu is about to jump out of the car, according to the constitutive conditions of negligence crime causing death."

"Whoever foresees an act that may lead to the death of another person, but does not act, or is credulous enough to believe that it will not cause death, is convicted of negligent death."

"That is, there is no problem in judging that Wang Mingxuan caused death by negligence."

Su Bai raised his hand: "We deny it!" ”

"During the trial, the prosecution has been emphasizing and inducing Wang Mingxuan to have subjective will, indicating that Wang Mingxuan has predicted that Lin Xiu is about to jump out of the car."

"But!"

"Can the prosecutor judge Wang Mingxuan's subjectivity without using your subjectivity?"

"Can the prosecution come up with substantive evidence to show that Wang Mingxuan's subjectivity has foreseen or predicted that Lin Xiu is about to jump out of the car?"

"Presiding Judge."

"According to the evidence of the law enforcement side, the confession of the relevant Wang Mingxuan, and the evidence provided by the prosecution."

"There is no strong or even supporting evidence to prove that Wang Mingxuan foresaw Lin Xiu's jumping out of the car, why should the prosecution lawyer insist that Wang Mingxuan had foreseen Lin Xiu's jumping out of the car?!"

Lu Hongmei: "Then why did Wang Mingxuan slow down?" ”

"Isn't the reason for the slowdown because Lin Xiu's jumping behavior has been foreseen?!"

Su Bai: ........

What are you talking about....?

"The legal definition of negligence causing death is that the crime of negligence causes death only occurs when the act foresees that the result is likely to cause the death of another person."

"Our party saw Lin Xiu leaning out of the window, this behavior is very dangerous, and the normal driver usually slows down in order to protect the safety of passengers, isn't this normal?"

"At the same time."

"When driving the vehicle, Wang Mingxuan's energy will be on the driving vehicle itself, and during this period, a series of behaviors are just subconscious behaviors.

Other than that.... Foreseeing danger is not the same as foreseeing a car jump. ”

"Please take this into account for the prosecution."

Lu Hongmei: "But Wang Mingxuan, as an old driver, doesn't he have the slightest foresight?" As a driver with more than ten years of driving experience, he has also been pulling goods for several years, this situation is something he can foresee, doesn't he know Lin Xiu's panic and worry as a single girl? ”

Su Bai: ????

Is there any criminal causal relationship between them?

Not at all!

Is this to make him think along the other side's train of thought?

And then fall into the trap of the other person's thinking?

But

The other party probably looks down on a top criminal lawyer

Su Bai looked at Lu Hongmei in the prosecution seat indifferently, and then looked up at the presiding judge's seat.

"Presiding Judge"

"In our opinion, there is no causal relationship between these criminals."

"Application to dismiss the prosecution's plea."

Knock knock!

On the bench, Jiang Hetao glanced at the materials and sounded the gavel:

"Ask the litigant to state your point of view."

"Okay presiding judge."

"We believe that the prosecution has no obvious evidence for our accusations, and it is all based on subjective accusations."

For example:"

"As a driver with more than ten years of driving experience, we should have enough experience to predict, and the relationship between the two is not inevitable."

"And. As a single girl, Lin Xiu's panic can be judged by previous experience, but Lin Xiu's panic, is there any inevitable connection between this and jumping out of the car? ”

"As a driver, how did Wang Mingxuan predict that Lin Xiu would jump out of the car?"

"From a legal point of view, the prosecution's statements are all judgments based on subjective factors, and there is no substantive evidence to judge and show that Wang Mingxuan foresaw this possibility."

"Based on the above, we apply to dismiss the prosecution's arguments."

"Presiding Judge, we're done."

Knock knock!

The judge rang the gavel, looked at the prosecutor's seat, and then looked down at the materials.

"Judging by the prosecution's application, as well as the prosecution's alleged plea."

At present, the prosecution does not have any strong evidence to prove that the party Wang Mingxuan had any behavior of "foreseeing" jumping out of the car. ”

Knock knock!

"The verdict on this point will be discussed later."

"Now let's summarize the points of contention between the litigants and the prosecution."

"The focus of the dispute between the prosecution and the litigant is whether Wang Mingxuan foresaw and foresaw that the perpetrator Lin Xiu had jumped out of the car and his life was in danger."

"Do the prosecution and the litigants have any objections to this?"

Su Bai: "We have no objection"

Lv Hongmei: "We have no objection"

Knock knock!

"Let's start asking questions about the parties."

Jiang Hetao looked at the litigation materials, and then glanced at Wang Mingxuan in the party's seat.

"Are the parties ready to be questioned?"

Wang Mingxuan looked a little nervous, but still spoke: "Presiding judge, I'm ready." ”

Jiang Hetao nodded slightly, and prompted according to the process: "In the trial, all the answers of the parties will be used as evidence. ”

"Understood."

"Good!"

Knock knock!

Jiang Hetao raised his head and asked, "What was the psychological condition of the person before Lin Xiu jumped out of the car?" ”

"At that time, my thought was that Lin Xiu stretched out his body, which was not safe"

"So where do you think it's unsafe?"

"Because it's not just me on that road, it's dangerous to stick my hands or body out of the car, so I let go of the accelerator and slowed down, ready to remind Lin Xiu."

"Before Lin Xiu jumped out of the car, did you express the idea of jumping out of the car..?"

"Nope."

"So what did you do after Lin Xiu jumped out of the car?"

"Pull over and call the emergency number"

"Hmm!"

Jiang Hetao nodded.

The gavel sounded.

Knock knock!

"Now for the adjournment phase!"

"In an hour, there will be a trial."

After the adjournment was announced.

Inside the courtroom.

Lu Hongmei's gaze fell on Su Bai's body.

At this time, Li Xuezhen's eyes were also staring directly at Lu Hongmei.

Stare at whom, who is afraid of whom?

Don't you know how many people my Xiao Li stared into?

Also glared at lawyer Su.

I'm glaring at you!

Still staring, right....?

After a few seconds.

Lu Hongmei couldn't stand Li Xuezhen's gaze, so she took her gaze back.

This time.

Xu Qing, another lawyer on the side, said worriedly:

"Now that the court has reached the adjournment stage, the current trial situation seems to be unfavorable to us!"

Lu Hongmei took a deep breath:

"There is nothing disadvantageous, although we say that we can't come up with any evidence in the subjective aspect, but the other party can't come up with any strong evidence."

"The presiding judge has not made any judgment yet."

"There's no need to rush."

"When the time comes, it's good to be in court."

"Don't worry...."

"For people like Wang Mingxuan, they should be severely punished by the law!"

Tut....

The severe punishment of the law is not a severe punishment on the subjective!

On the other side....

Li Xuezhen's face flushed.

"Lawyer Su, the court is adjourned.... That lawyer Lu, who seems to be a cataract, has been looking at you. ”

"But Lawyer Su, you don't have to worry."

"I've gotten her back...."

Su Bai: .....

Xiao Li is amazing....

This look, the more you practice, the more powerful it becomes....

.

….…

Deliberation room of the collegial panel.

Jiang Hetao looked at the other two judges, Feng Qian and Zhang Yingying.

"In this case, I have read the first-instance verdict, and the verdict for Wang Mingxuan is too heavy, which is why our court chose to accept the second-instance trial..."

"But I won't mention this for now."

"The most important difficulty in dealing with it now is whether to determine whether this Wang Mingxuan caused death by negligence."

"I'd like to hear what you two think...."

After Jiang Hetao finished speaking, Feng Qian and Zhang Yingying were silent for a few seconds.

Immediately afterwards, Feng Qian spoke: "I think this case should be judged." ”

"The main point of this case is that Lin Xiu is indeed dead..."

"And he jumped out of Wang Mingxuan's car and died, this is the result."

"And the public opinion on the Internet is so loud, our second instance should follow the voice of public opinion to make certain considerations."

Zhang Yingying on the side frowned slightly after hearing Feng Qian's words.

“.… Lin Xiu's death is indeed the result, and Wang Mingxuan should indeed be responsible for Lin Xiu's death, but in terms of criminal responsibility, it is still necessary to rely on the legal basis, and the voice of public opinion should not affect the fair sentencing of our judiciary. ”

"And we must not only look at the voice of public opinion, but also consider the impact of these issues from the perspective of justice. As far as I know, the judicial organs in some places, such as Nandu, Beidu, Shangdu, and our Shadu, have discussed this case. ”

"The result of the discussion was .... This time, our Shadu Intermediate People's Court sentenced it unreasonably. ”

Feng Qian spoke again.

"I don't agree with Zhang Yingying's opinion, the result has been caused, Wang Mingxuan's subjectivity is completely composed of his personal will, he can say whatever he wants, he said no, then is it really not?"

"But... He said no, can you show proof that he has? Can't you come up with substantive evidence to prove that Wang Mingxuan's subjective will was to foresee Lin Xiu's jump out of the car, isn't this an unjust case? ”

"What if the other party really doesn't?"

"If our judges only rely on their own subjectivity to judge cases, then it will cause a lot of unjust, false and wrongful cases, and it has never appeared in the judiciary, don't you know this?"

Zhang Yingying dismissed Feng Qian's argument.

Feng Qian's eyes locked on Zhang Yingying's face: "Okay, okay, okay.... You're just putting a hat on my head, and you think I'm not up to standard as a judge, right? ”

"No, I mean we need to use legal evidence to confirm the facts.... Rather than relying on subjective personal wishes, I also think that Lin Xiu's jumping out of the car has a certain influence on Wang Mingxuan. ”

"But this is not a reason to judge Wang Mingxuan's guilt, what we need is to use legal basis and evidence to prove Wang Mingxuan's guilt, not rely on the judge's personal subjectivity."

"There is indeed no evidence in this case to prove that Wang Mingxuan is guilty."

"If the judge only relies on his own subjectivity to judge the case, then it will cause judicial unfairness, which is unfair to the person being judged."

Feng Qian looked impatient when Zhang Yingying said.

"Then how do you think this case should be decided?"

"I think it should be judged on the basis of facts and laws."

Zhang Yingying spoke very seriously.

At this time, Jiang Hetao opened his mouth to interrupt the quarrel between the two.

"Alright...."

"For this case, since there is a dispute, then look at the evidence, and then look at the court statements of both sides...."

"You two don't quarrel anymore...."

Jiang Hetao did not favor either of the two.

Facing Jiang Hetao's words, Feng Qian and Zhang Yingying nodded at the same time.

"Good presiding judge...."

After speaking.

Zhang Yingying looked at Feng Qian and sighed in her heart.

PS: Ask for a monthly pass~

(End of chapter)