Bench on the judging table.

Judge Jiang Hetao simply sorted out the trial materials about the case.

For this case, there is already a certain judgment in my heart.

There is no suspicion of guilt.

Avoid unjust, false and wrongly decided cases.

No matter what the other inquisitors think, but here he is.

There is no legal definition of a suspected crime, and it must be observed.

After his eyes circled the trial scene, the trial Changjiang Hetao sounded the gavel.

Knock knock!

"The trial is in its final stages. None of the parties objected to the final issue of the plea. ”

Boom!

"Now, let's ask both sides of the lawsuit to start their court presentations."

Jiang Hetao set his sights on the prosecutor's seat.

"Please, the prosecution will begin its case."

Lu Hongmei took a deep breath and knew that this was the most critical time!

Court Presentation Stage.

This is what she is best at, what she is best at!

In many cases with subjective judgment, she used this final court presentation to win.....

The Jedi turned the tables and relied on court statements.

At this time, Xu Qing was on the side and handed over the content of the court complaint prepared in advance to Lu Hongmei.

Looking at the materials in her hand, Lu Hongmei held her breath and exhaled softly, and slowly spoke:

"Presiding Judge, I will state the following before the court....."

"In this case, apart from the confession of the party Wang Mingxuan, there is no evidence to show Wang Mingxuan's subjectivity.

And the parties cannot use the parties' confessions as evidence to exonerate themselves. ”

"Again."

"Because the perpetrator Lin Xiu is a woman who has just come out of society, she is more exclusive to men, and there have been many similar bad incidents before."

"For example: the murder of a woman by a so-and-so driver."

"This led to the panic of the perpetrator Lin Xiu."

"This led to Lin Xiu's actions and behaviors of wanting to jump out of the car."

"What's more, Wang Mingxuan had already predicted Lin Xiu's panic, and before Lin Xiu was about to jump out of the car, he leaned out of the car window, Wang Mingxuan obviously noticed it, but did not stop it....."

"Why didn't he stop it? Does he think that Lin Xiu has no possibility of jumping out of the car? ”

"Doesn't he know what happens if something unexpected happens?"

"Can he prove his innocence?"

"Can't!"

"Through subjective inference, Wang Mingxuan bears a certain amount of responsibility for Lin Xiu, and there is a possibility of foreknowledge, but he clearly knows that he cannot say the serious consequences of foreknowledge, which leads to the fact that no evidence can be found from his confession....."

Su Bai: ????

When he heard this paragraph, Su Bai pulled the corners of his mouth.

Do you have any bias against the current enforcement side?

If it doesn't matter what the previous mess is, I won't mention it for now.

Just one last point-

Wang Mingxuan clearly knew that he couldn't say that he knew the seriousness of the consequences, so he didn't ask any effective clues from his mouth?

Plainly.... The general meaning is that Wang Mingxuan knew that he knew that he would be judged when Lin Xiu jumped out of the car, so he chose not to say it.

Hiss....

Do you know what you're talking about.....?

I asked Wang Mingxuan with inducing questions just now.....

If you hadn't interrupted, Wang Mingxuan might have been planted in your inducing question.

This matter has made such a big fuss, and the outside world has spread about this matter, and the law enforcement side must investigate the factual basis clearly before they can draw a certain conclusion.

You are now saying in your statement in court that Wang Mingxuan, an ordinary person, can withstand the questioning ..... the law enforcement side?

What are you talking about.....

You go in and see if you can withstand the pressure of the top criminal investigators?

Extraordinary..... you have a hand in subjectively planting it.

It was now Lu Hongmei's court presentation stage, and Su Bai did not interrupt silently.

Lu Hongmei continued to speak:

"As a woman, the perpetrator has a certain degree of vulnerability, and jumping out of the car to die is an act of last resort, which has caused a huge social impact, what is the reason? The reason for the huge social impact is the situation caused by the fact that women's rights are not guaranteed and their demands are not met. ”

"I hope that the presiding judge will consider this issue from multiple perspectives."

As for Wang Mingxuan's lack of substantive evidence and the ability to come up with the so-called lack of "foresight", we believe that we should protect the actor's right to life, and not let go of a "bad guy" or let a criminal escape. ”

"Listen more to the voice of public opinion...."

"Presiding Judge, we've finished our statement."

Lu Hongmei exhaled lightly after finishing her complaint.

This court statement.

She didn't believe it, and she couldn't handle the judges.

After listening to Lu Hongmei's court statement, Xu Qing also secretly stretched out a thumbs up.

"That's a good point."

Lu Hongmei smiled and did not speak, but focused on the courtiers in the judgment table.

Bench on the judging table.

At this time, Feng Qian spoke on the side: "I think this court statement is very good.....

Jiang Hetao frowned slightly, and glanced at Feng Qian lightly, knowing why Wang Mingxuan was sentenced by Dingge in the first trial.

Zhang Yingying sat on the other side, and after hearing Feng Qian's words, she sighed deeply.

But the trial continued, and she didn't say anything more.

Knock knock!

The trial of the Yangtze River sounded the gavel.

"The prosecution has completed its case."

"Now for the litigants' lawyers to make court submissions."

"Good Presiding Judge"

Su Bai pulled out the litigation materials, and directly rejected Lu Hongmei's point of view in the first sentence.

"We believe that the prosecution lawyer's statement has a strong personal subjectivity and does not have the professional ethics that a lawyer should have, and we apply to dismiss the prosecution lawyer's statement."

Audience: ???

Lv Hongmei: ?!?

This court statement directly accuses her of coming.....?

Lu Hongmei's eyebrows were tightly locked, and her eyes looked at Su Bai impatiently.

Su Bai noticed it, but didn't care in the slightest, and continued to state:

"According to the provisions of the Criminal Procedure Law of our country, Article 55 emphasizes evidence, does not believe confessions, the evidence is credible, and the legal requirements are sufficient."

"In the sentencing of all cases, it is necessary to emphasize evidence, investigation and research, not to believe confessions, and where there is only the defendant's statement and no other evidence, the defendant cannot be found guilty and punished, and where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and punished."

"The evidence is credible and sufficient, and shall meet the following conditions:"

"One: The facts of conviction and sentencing are all supported by evidence."

"2: The evidence on which the verdict is based has been verified to be true through legal procedures."

"Three: Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained."

"The prosecution's accusation against our Wang Mingxuan in this case is entirely determined through "subjective" factors, and the facts and evidence rely on our confession. ”

"Does this fit the legal definition of a court verdict?!"

"What law do you accuse us of? Or do you directly ignore the statutory regulations of Article 55 of the Procedural Law?! ”

The most important thing in a trial is evidence!

There is no doubt about it.

Whether it is from the subjective factor or the objective factor, there is a debate around one issue, that is, the applicable interpretation of the law and the evidence.

For example, if in the process of driving the vehicle in this case, it is found that the perpetrator Lin Xiu has been beaten.

Then Wang Mingxuan can be sued.

Or, Wang Mingxuan's behavior of insulting Lin Xiu is also evidence.

But what is Lu Hongmei's statement, it is subjective, subjective without any behavioral support....

Is this inappropriate to influence the presiding judge's intentions?

Su Bai asked a series of questions, and asked Lu Hongmei's brain.

No

Aren't we telling each other .....?

You're going to attack me right away.....?

And, I can't argue with it yet.

Not the kind that can't be refuted, but the kind that can't be refuted.

Did she directly say at the trial that the legal condition of emphasizing evidence under Article 55 of the Procedural Law is not good?

Definitely can't say!

Therefore, in the face of Su Bai's series of questions, Lu Hongmei's face turned green with anger.

But I can't say much else, so I can only keep silent.

For this trial.

Su Bai had already been prepared, so he didn't have to worry about it at all.

As long as the bench seat dares to say no, the first thing to do after the trial is to write the materials first. Report it directly.

What else is there to say about this.

Just report it and you're done.

After the thought flashed, Su Bai continued to speak:

"The prosecution's statement is on the side of the perpetrator and is expressed from the subjective aspect."

"But."

"The principle of the application of the law is to judge whether a person is guilty or not based on evidence."

"And not from a subjective aspect."

"Presiding Judge, we've finished our statement."

After Su Bai finished speaking, he looked at the judgment seat.

The seat of the trial at this time.

Jiang Hetao is considering the level of social impact.

Zhang Yingying stood on Su Bai's side, while Feng Qian stood on the prosecution's side.

Adjudicators disagreed.

After being silent for more than ten seconds, Jiang Hetao looked at Feng Qian: "Feng Qian, what is your opinion..?" ”

Feng Qian did not hesitate: "I think it should be from the perspective of social influence.....

Jiang Hetao frowned slightly.

"Since there is no agreement, let's discuss it again."

Knock knock!

The gavel for an adjournment was sounded, and a verdict was made after the trial.

Second adjournment!

.

….….

During the adjournment.

On the courtier's seat, Su Bai's expression was flat, this trial, no matter how many times the trial was adjourned, even if the judge discussed any subjective factors and there was no substantive evidence, then Wang Mingxuan could not be sentenced guilty.

You want to rely on a subjective factor to find someone guilty

Who will I send you in if I don't send you in?

Bah!

What to send who in!

His idea was misled by Xiao Li!!

Prosecution bench.

Xu Qing and Lu Hongmei couldn't make up their minds about Su Bai's several questions in the trial just now.

I don't know what will happen when the court adjourns this time and waits until the court starts.

Xu Qing whispered: "I feel that in terms of court statements, the lawyer on the other side seems to be more confident than us..."

Heard Xu Qing's words.

Lu Hongmei frowned deeply and did not speak.

Xu Qing knew that he had said the wrong thing just now, so he glanced at Lu Hongmei cautiously and did not continue to speak.

.

….….

At the same time, the members of the collegial panel discussed the room.

Jiang Hetao said directly: "Let's talk about it, talk about the views of the two of you." ”

"The two of you had different opinions before the court statement, and the two of you will talk about it after the statement now."

Feng Qian: "I still have that opinion, I think that it is an established fact that caused the death of the perpetrator.... And the huge social impact, President Jiang, you also saw it...."

Zhang Yingying frowned, no, the court statement has already ended....

The litigating party has already come up with it, and the absolute legal provisions have been explained, isn't it a violation to sentence it head-on?

Zhang Yingying was silent for a few seconds, and then spoke: "I still maintain my opinion." ”

"And I think that the acquittal has indeed had a huge social impact, but if we were found guilty, it would be a procedural violation of our law and a violation of the statutory regulations."

"This is a very big blow to the credibility of the judiciary.... At that time, the social influence of public opinion will be even greater. ”

"Presiding judge, I don't think we should consider the public opinion of the perpetrator, but also the social influence of the judiciary."

"I still think that this matter is not guilty.... And, that litigator Su Bai.... He is a senior and top criminal lawyer in Nandu...."

"If they are found guilty in this case, then it is obvious that there is something wrong with the sentencing of our collegial panel members...."

"After all, through judicial interpretation, there is no strong evidence to prove Wang Mingxuan's guilt in this case, according to the principle of innocence in doubt, and according to the legal provisions of Article 55 of the Procedural Law."

"Sentenced guilty .... Then it is very likely that the other party will question the outcome of the trial. ”

"Questioning? Our sentence is reasonable, how can he question it? ”

Feng Qian asked.

Zhang Yingying was silent and didn't want to speak at all.

Yes, yes, you are sentenced on a well-founded basis.

But if the other party raises questions about your judgment during the trial, how do you answer them?

You can't give an explanation, why do you judge like that?

The other party has already come up with a legal basis, and you still have the courage to make such a judgment, if you don't go in, who will go in?

Zhang Yingying remained silent and did not speak.... I didn't want to pay attention to Feng Qian at all.

Jiang Hetao exhaled and nodded, obviously understanding more than Feng Qian.

He was originally worried about the issue of public opinion and influence, and thought about whether to have a suspended sentence.

There is a certain inclination, but not much.

But through Zhang Yingying, she said so.

If the judgment is really made taking into account public opinion and influence.

Then it is the greatest injustice of justice!

The impact caused by this is much greater than the follow-up caused by public opinion and influence!

With that in mind....

Jiang Hetao stood up: "Hmm! I support Zhang Yingying's view. ”

"But..."

Feng Qian wanted to say more, but was directly interrupted by Jiang Hetao.

"No, Feng Qian, I think there is a certain problem with your subjective factors, and the subjectivity you showed in the trial was too tendency."

"As a judge, you will indeed have your own tendencies, but your tendencies are too obvious and illogical, and even ignore the basic legal provisions!"

"This kind of thinking of yours is dangerous, and it is not suitable to be a judge."

"I'll report this to the dean and ask for a transfer from your position."

"That's it! That's it! ”

Feng Qian wanted to speak, saying that she knew she was wrong, but Jiang Hetao waved her hand and blocked back.

Jiang Hetao, as the presiding judge, is much higher than her level, and Feng Qian is a little anxious about Jiang Hetao's words, but there is no way.

Seeing this, Zhang Yingying didn't say anything more.

Today, if Jiang Hetao really adopted Feng Qian's opinion.

So....

The follow-up will be troublesome....

Jiang Hetao, as the presiding judge, will also be seriously affected.

So this is one of the reasons why Jiang Hetao is so serious.

An unfair verdict will have a profound impact on the credibility of the judiciary.

Apparently....

Feng Qian's subjectivity is too strong, and she is indeed not suitable to continue to serve as a judge.

.

….….

The adjournment time passed in a hurry.

In the voice of the clerk, the third court session was held.

The verdict was announced.

Knock knock!

Jiang Hetao sounded the gavel.

Clerk: "All stand and ask the presiding judge to announce the verdict!" ”

Boom!

Jiang Hetao picked up the judgment materials with both hands and slowly spoke:

"The cause of this case: Wang Mingxuan disobeyed the first-instance verdict and requested an appeal to the second-instance trial to make a not-guilty defense."

"This court has jurisdiction over the case and all applicable laws are in accordance with domestic law."

"The verdict is announced below:"

"Based on the collegial panel's research decision, in response to the litigation party's application to revoke the first-instance judgment and make a not-guilty defense, the judgment is hereby disposed of as follows:"

"First, in response to the application filed by the litigant to revoke the first-instance judgment."

"The Shadu High People's Court, the court of second instance, found that the first-instance judgment was unclear on Wang Mingxuan's judgment and had no strong factual basis."

"The method of relying on the verdict is only based on Wang Mingxuan's subjective determination and the perpetrator's psychological determination, and there is no objective evidence to make the determination."

"In accordance with article 55 of the Code of Criminal Procedure:"

"If there is no evidence to prove guilt, the conditions for imposing a sentence are not met."

"With this."

"The Shadu High Court of this court, as the court of second instance, found that:"

"Revoke the judgment of the first instance."

"Sentence Wang Mingxuan not guilty and release him in court!"

"According to the provisions of China's procedural law, if the parties to the litigation determine that the facts of the judgment are wrong or the basis of the judgment is wrong, they may submit a review and supervision to the relevant departments after the court is closed, or submit a litigation request for retrial."

"The judgment will be issued to the parties within 10 days of the closing of the hearing."

Boom!

The gavel sounded, announcing the result.

"Closed!"

With the last two words falling, the verdict is also out.

Lu Hongmei sat in the prosecutor's seat, looked at Feng Qian, and was stunned for a few seconds.

No.... How can this be so straightforward to acquit?

At least a suspended sentence should be given, right?

In the first trial, it was sentenced to the top level, but this time, not only was it not sentenced, but it was also directly acquitted?

This is a bit different from what Lu Hongmei imagined....

PS: Ask for a monthly pass~

(End of chapter)