Chapter 122: Never Suspected, Do You Understand It?!

Zhang Yingying as Feng Qian's colleague.

The two people, who are also judges, have different philosophies about the trial.

Zhang Yingying's philosophy is that everything is based on facts, and there will be absolutely no misjudgment.

Relatively speaking, Feng Qian is much more subjective.

In other words, it is to judge according to one's own subjectivity, rather than on the basis of facts, although the purpose of judging according to one's own subjective good or bad is indeed to help the good people.

However, according to this basis, there is a high probability that there will be a misjudgment in some specific circumstances.

After Jiang Hetao spoke, Zhang Yingying and Feng Qian remained silent and did not speak again.

Time is fast.

End of adjournment.

After the clerk announced the reopening, the judges were seated again.

Boom!

The trial of the Yangtze River sounded the gavel.

"The adjournment is over, and the case continues."

Boom!

"Before the adjournment, both parties to the litigation have made detailed submissions on the case."

"There is a dispute between the two parties over whether the party Wang Mingxuan foresaw and foresaw the actor Lin Xiu jumping out of the car."

"There is controversy over whether Wang Mingxuan was found guilty of negligence causing death."

"The Tribunal summarizes the issues in dispute:"

"One: After Wang Mingxuan saw Lin Xiu's body and leaned out of the window, did he foresee that Lin Xiu would jump out of the car?"

"Two: Wang Mingxuan stepped on the brakes, whether it belonged to having foreseen that Lin Xiu would jump out of the car, and whether there was a causal relationship between the two."

"Three: Wang Mingxuan has learned that Lin Xiu is panicking, is there any criminal responsibility for the incident of Lin Xiu jumping out of the car?"

"Do the parties to the litigation have any opinions or objections to the three issues summarized by the collegial panel?"

This summary.

It can be said that Jiang Hetao has summed it up very well.

There are few loopholes or missing issues.

The determination of these three issues is the key factor in determining the judgment of this case.

For the three questions summarized, Su Bai and Lu Hongmei have no opinions.

"Presiding Judge, we have no objection."

"The prosecution has no opinion."

.

….

Knock knock!

The gavel sounded.

"Since both sides have no opinions or objections to these three summaries, then continue to discuss these three issues."

"Let's start with the third question."

"According to the evidence in the possession of this court, it shows that at that time, Wang Mingxuan received the platform order and rushed to Lin Xiu's community at about half past eight in the evening, of which Lin Xiu took forty minutes to move the goods, that is, at about nine and ten o'clock in the evening, the moving was completed, during this period, the two sides had an unpleasant quarrel, and there was a certain amount of quarrel, but there was no physical conflict."

"Are there any objections between the parties?"

These are ironclad evidence collected by law enforcement agencies, and they cannot be refuted at all.

Su Bai: "No objection. ”

Lu Hongmei: "No objection. ”

Knock knock!

"If there is no objection from both sides, then continue."

This time, it was Feng Qian who supplemented it as a judge.

"At about nine o'clock, Lin Xiu sat in the co-pilot, and during the exercise, he saw that it was inconsistent with the navigation, and asked Wang Mingxuan, to which Wang Mingxuan replied, but in the process, Lin Xiu was still worried about the unfamiliar road section."

"According to the evidence investigation, Lin Xiu is extremely insecure about strange men, and when he was in the car, Lin Xiu's psychology was overly panicked, which was the reason why Lin Xiu jumped out of the car, and did the two parties have any objections..?"

Zhang Yingying frowned slightly when she heard Feng Qian's question.

After hearing this, Su Bai also frowned slightly, but he didn't say anything.

After all

According to a normal psychology, there is no big problem with inferring in this way.

But if you judge it in this way, the potential problems are huge.

After Feng Qian's statement, Jiang Haitao also frowned slightly, and waved his hand at the trial seat to interrupt Feng Qian's continued addition.

Seeing this, Feng Qian had already opened her mouth to speak, and closed it again, without making any sound, just taking a deep breath.

Boom!

Jiang Haitao continued to speak: "Regarding Lin Xiu's psychological panic, Wang Mingxuan knows that Lin Xiu is in a state of panic, do the parties to this point have any objections?" ”

Su Bai: "No objection. ”

Lu Hongmei looked in Feng Qian's direction and said, "There is no objection." ”

Knock knock!

"There is no objection to any of the above."

Based on the above, this collegial panel concluded that Wang Mingxuan knew that Lin Xiu was in a state of panic, but before and after Lin Xiu got into the car, there was no fierce conflict between the two during this time, and there was no direct factor that caused Lin Xiu to jump out of the car.

The direct reason is that Lin Xiu's behavior of jumping out of the car because of panic has no criminal relationship with Wang Mingxuan. ”

Boom!

"Judge by this!"

"Wang Mingxuan has learned that Lin Xiu is panicking, and there is no criminal causal relationship for Lin Xiu's car jumping incident, so he is not responsible."

This judgment.

It's not that Wang Mingxuan was directly judged not guilty, it's just that Lin Xiu's panic and jumping out of the car belonged to his own will, and there was no Wang Mingxuan's coercion or other threats in the middle.

Of course.

There is nothing wrong with that.

After all

If this is not decided, then in the legal sense.

Wang Mingxuan was prosecuted for intentional crimes, not for negligence causing death.

"Do the parties have any objections to this decision?"

Faced with the questioning of the trial of Jiang Hetao, Su Bai and Lu Hongmei did not have any opinions.

Su Bai: 'We have no objection. ’

Lv Hongmei: "We have no objection. ”

.

….

Knock knock!

"Let's talk about the second question."

Because of Feng Qian's inappropriate speech just now, Jiang Hetao did not let the judge express his opinion again.

It's about expressing yourself throughout.

"According to the evidence provided by the law enforcement and the prosecution, when Lin Xiu leaned out of the car window, Wang Mingxuan noticed it and released the accelerator."

"Above."

"According to Wang Mingxuan's statement, it is already clear that it is to avoid the passing vehicles from causing harm to Lin Xiu, and through the court's investigation, there are indeed many vehicles passing over on this section of the road, and the statement is reasonable."

"It was determined that Wang Mingxuan stepped on the brakes, and subjectively, there was no causal relationship with the prediction that Lin Xiu would jump out of the car, and then it was jointly and severally judged that Wang Mingxuan saw Lin Xiu leaning out of the window and predicted that Lin Xiu would jump out of the car, and there was no causal relationship."

"Do the parties have any objections to the above determination?"

According to the above questions.

Once decided, it will be confirmed that Wang Mingxuan did not meet the conditions for a crime of negligence.

When I heard that Jiang Hetao's imminent judgment was made.

Lu Hongmei was anxious.

Raise your hand to signal: "Presiding Judge, we have objections. ”

"Please ask the prosecution to state or show evidence that the verdict was wrong."

Evidence?

Lu Hongmei was stunned for a moment.

She relied entirely on subjective factors, and this case also relied on subjective factors

Not evidence.

Rely entirely on subjectivity.

The main thing is the tendency of a presiding judge.

After taking a deep breath.

Lu Hongmei slowly spoke: "Presiding judge, I want to submit a new piece of evidence."

New evidence?

After Lu Hongmei spoke, everyone at the trial scene was stunned for a moment.

Su Bai frowned slightly.

New evidence

The dossier also has the evidence provided by the law enforcement side, the prosecution, and the court, which is sufficient enough....

He had confirmed that there was little substantial evidence in the case and that it relied solely on confessions.

There was no audio recording on the platform, and there was no video or evidence on the truck.

Where did the prosecution get the new evidence?

If the new evidence can prove that Wang Mingxuan committed a crime of negligence, then he can only defend his sentence in this trial.

After all....

In the face of evidence, it is difficult for legal plea to be brought into play.

This is especially true in this kind of subjective trial.

The relevance of the evidence speaks for itself.

After Su Bai meditated in his heart, he looked at the prosecutor's seat.

Want to know what the evidence is....

.

….

Knock knock!

Judge Jiang Hetao sounded the gavel: "The application is approved, and the prosecution is requested to submit new evidence." ”

Lu Hongmei handed over the relevant materials of the evidence to the relevant personnel beside her, and then slowly spoke:

"The new evidence is a medical diagnosis some time before Lin Xiu's death."

"What is shown above is that Lin Xiu has been emotionally hurt, and the diagnosis is mild depression, and there is a certain rejection of men."

"When Lin Xiu and Wang Mingxuan had a quarrel."

"Lin Xiu showed this state."

"That is, Lin Xiu's death is inseparable from Wang Mingxuan."

"We apply to dismiss the request for judgment just now"

Su Bai: ???

No, you call it evidence?

Are you okay....?

What is the relationship between Lin Xiu's medical diagnosis and her jumping out of the car?

This evidence can only further conclude that his jumping out of the car was his own behavior and had nothing to do with Wang Mingxuan.

Call.....

Well!

Got it!

Lu Hongmei really couldn't come up with subjective judgment evidence, so she wanted to sentence Wang Mingxuan by guiding the intention of the members of the collegial panel.

Truly.... Wang Mingxuan also has no strong evidence to prove that his subjective intention was not "foreseen".

So it depends on the trial intentions of the adjudicators.

Even if Wang Mingxuan is found guilty.... Guilty of negligence causing death.

Also in line with the "certain" process ....

Hiss....

Su Bai noticed Feng Qian among the members of the collegial panel and looked at Lu Hongmei silently.

Thereupon....

Knowing that it couldn't be straightened, he simply asked Xiao Li to turn his head and look at the court seat.

"Look at the bench of the trial...."

Seat at the trial....?!

Xiao Li's eyes lit up: "Ao! ”

"Okay lawyer Su!"

.

….…

Presiding Judge's seat.

When he heard what the evidence Lu Hongmei brought out, the judge Changjiang Hetao frowned slightly and spoke:

"According to the prosecution's statement, the Lin Xiu proposed by the prosecution suffers from mild depression and has a certain rejection of men, what kind of connection does this have with this case?"

"Or rather..."

"Through this evidence, can it be proved that Wang Mingxuan had the idea of subjectively foreseeing and predicting Lin Xiu's jumping out of the car?"

Jiang Hetao was a little dissatisfied with Lu Hongmei's plea and the evidence submitted.

He also understood that Lu Hongmei wanted to influence the intention of the collegial panel members through the above plea.

But the point is!

The above arguments may be useful in the first instance, but in the case of the second instance, this effect is greatly diminished.

In his eyes, if there is no evidence, no direct evidence, then there is no doubt about the guilt.

The truth that there is no doubt about guilt, to put it simply.

It is through the subjective intention of the court.

90% of the court's subjective intention is to find the person guilty, so if there is no strong evidence to prove the person's guilt, then he is innocent.

Although it sounds like being considerate of the bad guys.

However, from a certain objective point of view, 90% of unjust and false cases are subjectively determined that the person is guilty, and there is no strong evidence to prove that the person is guilty.

If the judgment is based on the subjective will of the presiding judge, it will result in a wrongful judgment and an unjust judgment.

For a little bit, as a practitioner of trial for more than ten years, Jiang Hetao.

What Lu Hongmei said did not have much impact on the verdict at all.

In the face of Jiang Hetao's inquiry, Lu Hongmei seemed to be stumped....

Thereupon....

Jiang Hetao directly struck the magic hammer.

Knock knock!

"It is hereby determined that the evidence appealed by the prosecution has no relevance to this case, and it is determined that the evidence appealed by the prosecution is invalid!"

"Prosecutor, do you have any objections?"

Lu Hongmei was stunned for a moment, she didn't expect that the evidence she submitted would be so easily ruled invalid by the presiding judge.

Helpless, she could only nod: "Okay presiding judge, we accept the presiding judge's judgment and have no objections." ”

Knock knock!

Jiang Hetao sounded the gavel.

"There is no objection to the above litigation parties and the prosecution."

"Namely."

"The above issues are judged to be valid."

.

….….

During Jiang Hetao's statement, the prosecution was in the bench.

Xu Qing's face was anxious.

"Lawyer Lu.... Now the presiding judge has made a decision...."

"What should I do....?"

"Is our court case still useful....?"

"The above three questions are the key issues in determining whether Wang Mingxuan committed manslaughter."

“.….…”

Lu Hongmei looked at Feng Qian in the presiding judge's seat and took a deep breath.

"Don't worry.... Although the verdict has now been made, it is not yet time for the final announcement of the verdict, so there is still hope for everything. ”

Xu Qing let out a long sigh and nodded.

"Hopefully....."

.

….…

On the other side, Li Xuezhen looked at Lu Hongmei with a happy face.

and Feng Qian on the judgment bench....

Silently recited in his heart: "Lawyer Su asked me to stare at the female judge on the judgment table..."

"Could it be..."

Gee....

It's not that the achievement points continue to expand, but the achievement points have increased....

If that's really the case....

Gee....

Flattered....

Li Xuezhen looked at the seat of the trial table with a small face.

Seeing this, Su Bai rubbed his eyebrows.

Call.....

Forget it, forget it crooked, who let it be brought out by yourself.

Merely....

It's all on that search bar!

He didn't think about sending anyone in all day....

Su Bai took a long breath, and the three problem points have been determined.

Then came the crucial moment of the trial....

PS: Ask for a monthly pass~

(End of chapter)