After the gavel of the presiding judge Zhou Guangyu fell, the verdict was made.

Wu Jianlei and Li Xin's faces changed slightly.

"What does Lawyer Ye's judgment mean, does it mean that Guoxing will be sentenced heavily?"

Li Xin spoke nervously.

Ye Hua nodded: "At present, it is indeed so." ”

"After this verdict is handed down, the verdict of the first instance will be overturned, and the sentence should be re-imposed from the more aggravating circumstances of intentional homicide."

"But the specific situation is not very clear, and there should be a small point of distinction about the sentence later, but I am not very clear about this."

"It depends on the presiding judge's arrangement."

Ye Hua exhaled lightly, rubbed his eyebrows, and explained to Li Xin.

"But... And what about my son?! ”

Hearing that his son was going to be sentenced heavily, Li Xin instantly became anxious, and his voice couldn't help but amplify a lot, but he was pulled back by Wu Jianlei on the side.

"This is the scene of the trial!"

"Lawyer Ye will definitely find a way, what are you yelling at Lawyer Ye!"

After training Li Xin, Wu Jianlei smiled at Wei Hao and said, "Lawyer Ye, I'm sorry." ”

"The child is more concerned about the child, and he is a little excited."

Faced with this situation, Ye Hua has obviously experienced a lot, and the expression on his face has not changed much.

But he was still a little uncomfortable psychologically, and nodded lightly: "Hmm!" ”

Wu Jianlei smiled, and then glared at Li Xin dissatisfied.

It's still in the middle of the trial.

What is the difference between expressing dissatisfaction with a lawyer and cheating on your own son?

Li Xin also realized that he was wrong at this time and wanted to apologize, but Ye Hua didn't give it to her. opportunity

.

….….

At the same time, on the trial stage, when Zhou Guangyu rang the gavel and announced that he had entered the next point of identification.

There was a trace of inexplicable tension in the defendant's seat and Wang Yuan's parents and Wang Yuan in the defendant's seat.

Because of the second discernment.

It is an accusation against Wang Yuan for negligence causing death.

Negligence causing death.

Su Bai had also been tried for this crime before.

Among them, Wang Mingxuan's case is a typical case of the crime of negligence causing death.

Merely.... Wang Mingxuan is innocent.

"Death by negligence" refers to the act of the perpetrator who is negligent, did not foresee or had foreseen, and is credulous enough to believe that the death of another person can be avoided and the right to life of another person is deprived.

In this case of Fang Zhizhi.

The perpetrator of negligent death refers to Wang Yuan.

The biggest difference between Wang Yuan and Wang Mingxuan's cases lies in the relationship between the foreseen acts and legal causality.

Knock knock!

Zhou Guangyu rang the gavel:

"We now reply to whether Wang Yuan committed a crime of negligence when Wu Guoxing exercised criminal acts against Fang Zhizhi."

"Now the prosecution is invited to begin presenting the evidence and the factual basis."

After hearing the words of the presiding judge Zhou Guangyu, Wang Kai nodded slightly:

"Okay, Presiding Judge."

"The prosecution alleged that Wang Yuan had the following determinations of negligence causing death in the process of Wu Guoxing's treatment of Fang Zhizhi."

"Wang Yuan foresaw Fang Zhizhi's imminent dangerous behavior, and there is the following evidence."

"First: Wu Guoxing once sent a message to Wang Yuan before he met Fang Zhizhi."

"The content of the message mentioned that Wu Guoxing wanted to commit an impulsive criminal act against Wang Yuan, and indicated that he was going to find Wang Yuan and informed him that he was carrying a murder weapon."

"Wang Yuan is aware of this matter, and replied to Wu Guoxing's message."

"Second: Before Fang Zhizhi returned to the shared dormitory, he also sent a message to Wang Yuan, and the content of the message was to go back to the dormitory, and also asked about Wang Yuan's boyfriend, who was referring to Wu Guoxing."

"And Wang Yuan did not convey the information that Wu Guoxing was coming to the rental house and threatening him."

"As a result, Fang Zhizhi did not know about Wu Guoxing's criminal behavior."

"This led to a certain conflict between Fang Zhizhi and Wu Guoxing."

"If Wang Yuan learned that Wu Guoxing went to the rental house and had criminal intent, he notified Fang Zhizhi."

"It can be completely avoided that this crime will happen."

"In this regard, the prosecution believes that Wang Yuan's failure to notify was the main factor that caused this criminal act."

"It is believed that there is a certain causal relationship between the two."

"Second: During the entire course of the case, at the beginning, Wang Yuan clearly knew that Wu Guoxing and Fang Zhizhi had a quarrel outside the door."

"Because according to Wu Guoxing's confession, Wang Yuan proposed to let Wu Guoxing leave at that time."

"But because I was worried that Wu Guoxing would cause harm to myself, I chose to close the door of the rental house, did not go out to deal with Wu Guoxing, and left Fang Zhizhi outside to face Wu Guoxing alone."

"Before this, Wang Yuan also sent a message to ask Fang Zhizhi for help, saying that he wanted Fang Zhizhi to persuade Wu Guoxing away."

"At the same time, in the process of Wu Guoxing's criminal acts, Wang Yuan was aware."

"The whole process of the crime lasted less than two minutes, and in this less than two minutes, Wang Yuan knew what was happening outside, and in the process, Wang Yuan did not open the door, which is a reasonable risk avoidance behavior."

"But after the end of the crime, ten minutes later, Wang Yuan still didn't open the door or observe the outside through the cat's eye, or check Fang Zhizhi's injuries, causing Fang Zhizhi to miss the best rescue time, resulting in his death."

"Based on the above, the prosecution believes that Wang Yuan is suspected of negligence in causing Fang Zhizhi's death."

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

After Wang Kai finished his statement, he looked up slightly at the presiding judge's seat.

According to their prosecutor's investigation, Wang Yuan did have a situation of negligence causing Fang Zhizhi's death.

There is no doubt about it.

However, the specific judgment needs to depend on how the defendant and the defendant party refute and make statements.

Of course, the most important thing is how the presiding judge determines his statement.

Knock knock!

Zhou Guangyu rang the gavel: "After the prosecution has finished speaking, does the litigation side have anything to add?" ”

The prosecution has already stated the entire process and details of the case.

There is nothing else to add to it.

"Let's see how the defense refutes it for the time being."

Su Bai thought silently in his heart, and then spoke: "Presiding judge, the litigation side has nothing to add for the time being. ”

Boom!

"If the litigant party does not make additions, then now the defendant Wang Yuan and Wang Yuan's agent ad litem are invited to make a statement."

"Defendant, let's get started."

Facing the presiding judge, the defense was asked to speak.

Wang Yuan was a little anxious in her heart, and involuntarily turned her attention to her parents for help.

Since the case was filed and she was taken away, she has been a little anxious in her heart.

My heart has also changed from an indifferent attitude at the beginning to a nervous attitude now.

Death by negligence?

She just didn't appear in court to Xie Jingmei as a witness, and she was charged with negligence causing death?

She didn't kill people!

Although she was a little nervous in her heart, she always insisted that she was innocent.

But....

Accompanied by the description of the prosecution in the courtroom just now.

Wang Yuan knew very well in her heart that none of these prosecutors were wrong.

She also realized that this was the crime of negligence causing death.

She didn't know much about the law, so she could only turn to her parents and the lawyer hired by her parents.

Noticing Wang Yuan's situation, Wang Manhua and Xu Li also looked at Wei Hao.

"Lawyer Wei...."

Xu Li whispered.

She is Wang Yuan's only daughter, and she has loved her very much since she was a child, and she must not want to see any accidents happen to her daughter.

Wei Hao nodded, didn't look at Xu Li, just signaled that he knew.

This case ....

The prosecution's presentation was based primarily on the relationship between foresight and causation.

If you only need to refute it from this aspect, there is no other big problem.

Clear your mind.

Wei Hao began to make a statement: "Presiding judge, we do not agree with the prosecution's point of view. ”

Here's why:

"First of all, Wang Yuan did learn that Wu Guoxing was carrying a murder weapon."

"At the same time, I also learned that Fang Zhizhi was going to come back."

"And ask Fang Zhizhi to persuade Wu Guoxing to leave."

"Based on the above, Wang Yuan did have a certain amount of negligent behavior."

"But the specific situation needs to be brought into the specific legal situation."

"According to Wang Yuan's subjective factors, she knew that Wu Guoxing's personality was angry, carrying a murder weapon, and intentionally harming her."

"But ....."

"In Wang Yuan's thoughts, it was Wu Guoxing who would hurt her."

"It's not that Wu Guoxing will hurt Fang Zhizhi."

"In this case, for Wang Yuan, it is a relatively good choice to let Fang Zhizhi persuade Wu Guoxing to leave and leave."

At the same time, Wang Yuan didn't expect that Wu Guoxing would really dare to kill.

“.… In other words, Wang Yuan's killing of Fang Zhizhi by Wu Guoxing was not foreseeable. ”

"Since it can't be foreseen, then there is no need for the other party's wisdom to warn you."

"The second is the entire process of Wu Guoxing's criminal committed."

"Our side still maintains the original view: in this process, Wang Yuan knew that Wu Guoxing was coming for himself, and the main reason for not opening the door was to avoid Wu Guoxing from hurting himself and adopting a way to avoid danger."

"There is nothing wrong with this way of protecting oneself from risk, either subjectively or objectively, right?"

"Because Wang Yuan knew that Wu Guoxing was coming for him, and Fang Zhizhi was outside the door, opening the door and letting Wu Guoxing come in would have a very high probability of causing harm to Wang Yuan."

"In Wang Yuan's subjectivity, Wu Guoxing and Fang Zhizhi don't have much hatred and contradictions, so I want Fang Zhizhi to persuade Wu Guoxing away, and there is no problem with this subjective factor."

"Wang Yuan subjectively believes that there is no criminal act of Wu Guoxing because Fang Zhizhi persuaded him to leave Wu Guoxing."

"That is, it is also not foreseeable that Wu Guoxing will commit a crime."

"Also."

"In medicine, there is a situation called stress reaction, that is to say, when Wang Yuan learned about the specific situation that happened outside the door, he didn't know what to do for a while, which led to a certain degree of unobjective and irrational action."

"Ten minutes after committing the crime, it doesn't mean that Wu Guoxing left the door of the rental house, so not opening the door is still a risk-averse situation for Wang Yuan."

"Based on the above conditions, we believe that Wang Yuan did not cause the death of Fang Zhizhi by negligence."

"Presiding Judge, our statement is over."

Wei Hao's statement is very simple, that is, in response to the various objective facts put forward by the prosecution, starting from Wang Yuan's subjective behavior, and going to refute it.

As a result, the factual basis and relevant content put forward by the other party are not established.

As a matter of fact.

There is no problem with starting from the subjective perspective of the parties.

After all, the subjectivity of the parties is in their favor.

Therefore, in this kind of discourse, it is necessary to attack the other party from an objective point of view.

Su Bai smiled after listening to Wei Hao's statement.

If from Wang Yuan's subjectivity.

There really is no problem.

But you only talk about subjectivity, not objectivity, right?

In terms of objective factual evidence.

So....

Wang Yuan's conduct constituted negligence causing death.

Because in the crime of negligence causing death, from an objective point of view.

There are three points:

(1) The perpetrator has an act that causes death.

(2) Objectively, the result of causing death must have occurred.

and (3) there is a causal relationship between the perpetrator's negligent act and the result of the victim's death.

Regarding these three objective factors of negligent death.

Wang Yuan has met the conditions.

It would be rude to continue to defend stubbornly.

The following points of defense, from these aspects, basically speaking, there is no problem.

Wang Kai's statement just now was also made from these aspects.

But it's not clear what it's expressed.

Su Bai looked up at the presiding judge's seat, waiting for the presiding judge to summarize the defenses of both sides just now.

PS: Ask for a monthly pass~

(End of chapter)