Half an hour was fleeting.

Soon it was time for the trial.

Under the leadership of the staff, Su Bai, Li Xuezhen and Xie Jingmei walked into the trial scene.

Accompanied by the clerk's reading of the discipline of the session and other relevant contents.

Three members of the collegial panel walked onto the courtroom.

Zhou Guangyu, as the presiding judge, sounded the gavel: "The trial is now open." ”

With the sound of the gavel ringing, all the members sat down.

Followed by.

Zhou Guangyu began a simple pre-trial conference for the trial.

The general content is the same as the previous process, verifying the identity of the person's information.

and the declaration of the membership of the collegial panel.

This time, the trial was held at the Sudu High Court, and the three members of the collegial panel were the presiding judge, Zhou Guangyu, and the judges, Yang Qifan and Li Peng.

Meanwhile.

The prosecution has two lawyers, namely the lead trial lawyer and assistant lawyers Wang Kai and Sun Meng.

The parties to the suit are seated in the joint trial.

Wu Guoxing, the man who killed Fang Zhizhi, as well as Wu Guoxing's parents and litigation lawyer, were all present.

On the other side of the lawsuit is Wang Yuan, as well as Wang Yuan's parents and litigation lawyer.

The case is relatively complex.

This is because this time the trial is a joint trial.

First of all, the above-mentioned request of the litigant is to overturn the judgment of Wu Guoxing in the first instance.

The second is that it is necessary to adjudicate and adjudicate Wang Yuan's case filing and accusation.

These two cases are very closely related.

Therefore, the Sudu High Court attached relatively much importance to this case, and the trial was heard by Vice President Zhou Guangyu and two other middle-level personnel.

After verifying the information of the personnel, confirm that it is correct.

Presiding Judge Zhou Guangyu began to inquire and confirm the general content and cause of action that needed to be carried out in this case.

"The case was heard by the Sudu High Court, and the confirmation of the cause of action is now begin:"

"Cause of action:"

"The litigant believes that the court of first instance, the Sudu Intermediate Court's judgment against Wu Guoxing is relatively light, and is dissatisfied with the judgment of the Sudu Intermediate Court of the first instance and appeals."

"And believes that in the process of Wu Guoxing's killing of Fang Zhizhi, Wang Yuan committed a crime of negligence."

"The Sudu High Court held that the criminal acts and criminal suspicions between Wu Guoxing and Wang Yuan were related, and the joint trial was conducted."

"Does the litigant have any objection to the cause of action?"

Su Bai: "The litigant has no objection. ”

The gavel sounded, Zhou Guangyu glanced at the litigation materials, and then turned his eyes to Su Bai and spoke:

"If the litigant has no objection, then the litigant is invited to state the litigation application and the basis of the litigation."

Su Bai nodded and spoke: "Okay, presiding judge." ”

In this case, there are two main points of litigation.

The first point: Wu Guoxing, the murderer who harmed Fang Zhizhi, was sentenced to eight years in prison for too short a time.

The application was rejected and the sentence was increased.

The second point: that is, Wang Yuan's criminal negligence needs to be tried and judged by the court.

Regarding the part of civil compensation, Su Bai asked Xie Jingmei.

Xie Jingmei means that civil compensation is not required, but the murderer must be made to pay the due price.

For this, Su Bai has always remembered in his heart.

Pulling out a lawsuit application from the litigation materials, Su Bai began to state.

"Our claim is as follows:"

"First: We believe that there was a certain error in the application of law to Wu Guoxing's verdict in the first instance, and Wu Guoxing should have committed intentional homicide and had a major impact."

"It should be sentenced to death, death with a suspended or life imprisonment, and fixed-term imprisonment of not less than 10 years, in accordance with the heavier punishment of intentional homicide."

"In the first instance, Wu Guoxing's sentence was only eight years in prison, which was too light."

"Our side applied to revoke the first-instance verdict against Wu Guoxing and commute Wu Guoxing's sentence to life imprisonment."

"Second: Regarding Wang Yuan, we believe that Wang Yuan has committed a crime of negligence."

"Apply to the court for a judgment on his conduct."

"Third: Regarding Wang Yuan's inappropriate remarks and improper guidance and influence on a certain platform, which caused huge mental damage to our client, we applied for the cancellation of Wang Yuan's account on a certain platform."

The third point is incidental civil litigation.

According to what Xie Jingmei said, Su Bai deliberately went to a certain platform to read the relevant content posted by Wang Yuan, and there was no insult.

But sometimes the information released is both overtly and secretly stimulating Xie Jingmei.

Therefore, the third point was also put forward by Su Bai after collecting evidence temporarily and submitting it to the court.

"Presiding Judge, our litigation application has been stated."

After Su Bai's lawsuit application was presented.

Wu Guoxing's side and Wang Yuan's side both frowned at the same time.

The first is Wu Guoxing's parents.

Originally, they spent a lot of money to hire a first-class criminal lawyer to plead their son's sentence to eight years when the first trial was held.

Even if it's eight years, they even think it's a bit long.

But now....

As soon as the other party's lawsuit application is opened, it is directly a life sentence!

Isn't that killing them?

Although their son said that he had made a mistake, he knew that he could correct it, and he was sentenced to eight years, which is already a lot.

Now he even opened his mouth directly, wanting their son to be imprisoned for the rest of his life.

Let's be honest.

Wu Guoxing's parents, Wu Jianlei and Li Xin, couldn't accept it at all.

No matter how they say it, even if their son sinned, it was also the flesh and blood of their hearts, how could they be willing to let their son suffer so much, such a big sin.

So they set their sights on their litigation lawyer Ye Hua.

I hope to get some psychological comfort from Ye Hua.

After all.... In the last first trial, Ye Hua's performance was classic and wonderful for them.

Noticed the client's gaze.

Ye Hua nodded slightly, signaling the two not to worry too much.

At this time, Wu Jianlei and Li Xin's mood calmed down.

However, looking at Su Bai's gaze, there was still some unfriendliness.

Li Xuezhen: ????

Unfriendly?

Who are you staring at?

！！！！.

….….

And the other side.

Wang Yuan's parents, Wang Manhua and Xu Li, also looked at the lawyer they had hired.

After Wang Yuan was taken away by law enforcement.

Wang Yuan's father, Wang Manhua, found his friend as soon as possible and entrusted his friend to find a first-class criminal lawyer from Sudu.

Although he found a first-class lawyer, Wang Manhua still had some worries in the face of Su Bai's litigation application.

"Lawyer Wei.... We should be able to dismiss the lawsuit application on the other side, right? ”

Wang Manhua asked Wei Hao, the criminal lawyer he had invited.

Wei Hao nodded: "I have a general understanding of this case, and it can be dismissed in general, but the specific situation still depends on the questions raised by the other party." ”

"Don't worry."

"Ao O, good lawyer Wei."

Wang Manhua nodded.

.

….….

Meanwhile.

On the trial table, Zhou Guangyu simply made a record of a few key words for Su Bai's litigation application, and then looked at the prosecution.

"The prosecution please state its application for this trial."

"Okay presiding judge."

When Wang Kai faced the presiding judge, he sorted out the litigation materials.

He and Su Bai are also parties to the lawsuit, so in some points of view, the concept reached by Su Bai is the same.

In fact, most of the points put forward by Su Bai were what their prosecutors wanted to state.

It can be said that Su Bai has already stated the approximate litigation application.

However, for some of the questions raised by Su Bai, their prosecutor still needs to make further additions.

This is also some of the rights of their prosecutions.

Wang Kai opened his mouth to state: "Presiding judge, our side and the litigation lawyer just now have the same view. ”

"But there are still some additions that need to be made."

"First of all, we believe that there are indeed certain objections to Wu Guoxing's verdict, and we agree with Lawyer Su's view that the first-instance judgment has a relatively light sentence for Wu Guoxing."

"Secondly, we add the accusation against Wang Yuan."

"According to our evidence and legal basis, Wang Yuan is indeed seriously suspected of causing death by negligence."

"The prosecution applied for a verdict against Wang Yuan."

"And for the crimes committed by Wang Yuan, the sentence proposed by the prosecution is two years."

"Presiding Judge, the prosecution has finished its case."

Wang Kai added about the sentencing of Wang Yuan.

After the prosecution has completed its presentation.

Zhou Guangyu rang the gavel and spoke: "The content of this trial is now summarized. ”

"The parties agreed."

"One: The sentencing of the first-instance judgment of Wu Guoxing's killing of Fang Zhizhi is considered to be light, and the first-instance judgment is applied for revocation."

"2: For Wang Yuan in this process, it is determined that he has committed a crime of negligence."

"Do the prosecution and litigation have any objections to the summary?"

Wang Kai: "No objection. ”

Su Bai: "No objection. ”

The gavel sounded.

"The prosecution and the litigants have no objection to the summary, so we now begin to defend ourselves on the first point."

"Now I ask the litigants to state the basis for applying for the revocation of the first-instance judgment in the case of Wu Guoxing's murder of Fang Zhizhi, including but not limited to the legal basis or the submission of factual evidence."

"Okay presiding judge."

Su Bai nodded

The legal statement for the revocation of the first-instance judgment is quite simple.

Because of the relevant evidence, the prosecution and law enforcement agencies have been properly prepared.

The key point is mainly to state the subjective aspect of the first-instance judgment, as well as the views and defense of the opposing party's litigation lawyer in the first instance.

Su Bai had already prepared the relevant content of the lawsuit in advance.

After the relevant litigation content is removed from the materials.

Su Bai began to speak.

"Presiding judge, our application is to first describe the entire process of the case, and ask the respondent some relevant questions to clarify the context of the entire case."

"Application approved!"

Zhou Guangyu rang the gavel and agreed to Su Bai's application.

After the application was approved, Su Bai looked at Wu Guoxing and began to state the relevant matters and the general content of the defense in the first instance.

"In this case, Wu Guoxing intentionally killed people, and there is no objection to this."

"The main key question is whether Wu Guoxing's intentional homicide is a crime of passion or a premeditated murder."

"Based on evidence provided by law enforcement and prosecutions."

"Originally, Wu Guoxing's purpose was to find Wang Yuan and wait for an opportunity to retaliate, and at the same time, Wu Guoxing was carrying a knife with a blade of nearly 15 centimeters."

"This knife with a blade of nearly 15 centimeters finally entered Fang Zhizhi's body, and it was the main murder weapon that led to Fang Zhizhi's death."

.

….

"In the first trial, Wu Guoxing's defense lawyer defended that Wu Guoxing was a crime of passion, and he did not originally have the idea of killing Fang Zhizhi, but only because of his own personality factors, hatred and other factors that broke out at that time."

"Causing harm to innocent Fang Zhizhi is a typical emotional crime."

"But here I want to refute and ask Wu Guoxing's defense lawyer."

"Regardless of whether Wu Guoxing committed a crime of passion or not, judging from the results of the crime alone, did he use a knife to injure the innocent Fang Zhizhi, which led to Fang Zhizhi's death, and after forensic identification, the direct factor of Fang Zhizhi's death was Wu Guoxing's injury?"

"Yes."

Ye Hua nodded slightly, this point is shown by strong evidence, and it cannot be refuted.

Hearing Ye Hua open his mouth to admit it, Su Bai continued to speak: "According to the definition of the law. ”

"The finding of intentional homicide resulting in death is based on the following view that the sentence for a lesser offence is:"

"One: Intentional homicide in the midst of self-defense."

"2: Righteous indignation homicide refers to the intentional killing of others by others when the victim has committed a major criminal act and in the process of committing the criminal act."

"Three: Murder of passion, there is no tendency to intentionally kill people, but under the provocation of the victim, he loses his mind and kills the victim out of control."

"Murder in the heat also includes the following necessary conditions."

"(1) It must be due to the serious fault of the victim that causes the offender's strong emotional fluctuations."

"(2) The perpetrator loses his mind under strong emotional fluctuations, or loses and weakens his ability to recognize and self-control."

"(3) An act committed on the spot must be carried out in a state of anger in order to be considered a murder of passion."

"Four: Entrusted with murder ....."

“.….”

"According to the verdict in the first instance, Wu Guoxing applied the third point of murder with passion."

"In the absence of intentional homicide tendencies, it was provoked or provoked by the victim, so that he lost his mind and killed the victim out of control."

"I would like to ask the lawyer appointed by the litigant party, is this the case with your counter-argument?"

Ye Hua nodded: "Yes." ”

"Although Wu Guoxing said that he was in possession of a knife, his main purpose at the beginning was to commit an impulsive crime against Wang Yuan."

"The act of targeting the killer is a typical emotional crime."

Facing Ye Hua's answer, Su Bai continued to speak

"The act of killing Fang Zhizhi is a typical emotional crime, so according to the law, did Fang Zhizhi's teasing or insulting of Wu Guoxing cause him to lose his mind?"

"According to the evidence provided by the law enforcement side, Fang Zhizhi at that time should have been trying to dissuade Wu Guoxing, right?"

"The law enforcement side did not mention that Fang Zhizhi had any insults or other agitated behaviors towards Wu Guoxing when he dissuaded him."

"May I ask the attorney of the respondent, how did you determine that the wisdom of the victim was provoking and provoking the perpetrator Wu Guoxing?"

This issue is at the heart of this lawsuit.

Crimes of passion are described by legal norms and specific interpretations of the law.

It's not that passion is passion....

Su Bai looked at Ye Hua, waiting for the other party's answer.

In the face of Su Bai's inquiry, Ye Hua frowned slightly.

It's not that he can't answer that question.

Instead, he was thinking about how to deal with Su Bai's next further attack after answering this question.

PS: Ask for a monthly pass~

(End of chapter)