The judgment seat.

Presiding Judge's seat.

Zhou Guangyu briefly sorted out the defense lawsuits of Wang Kai and Wei Hao.

The subject of the debate between two people.

They are all pleas for negligence.

The key elements have been sorted out.

Zhou Guangyu rang the gavel: "Regarding whether Wang Yuan caused death by negligence when Wu Guoxing performed his criminal acts." ”

"Both the prosecution and the defense have made preliminary statements."

"Is there anything else the litigants would like to add?"

Su Bai raised his hand and signaled: "Some presiding judges." ”

"Presiding judge, we need to supplement the relevant questions raised by the prosecution and state objective facts."

Knock knock!

"Then you can start making additions."

"However, it needs to be remembered that the objective conditions must be based on the objective implementation conditions, and the objective conditions cannot be inferred through the subjectivity that you identify."

"Okay, Presiding Judge."

Su Bai nodded, and put the key content and related materials just recorded on the table in front of him.

Start stating.

"Our view is the same as that of the prosecution, which is that Wang Yuan was negligent in causing death."

"And we do not recognize the arguments put forward by the defendant's litigation lawyer, and apply for rejection."

"The following are our statements, supplements, and stated opinions."

"According to the prosecution's statement."

"One of the passages states that Wang Yuan was worried that Wu Guoxing would cause harm to herself, so she left Fang Zhizhi outside the rental house to face Wu Guoxing alone..."

"There is a factual basis for this."

"According to this."

"Obviously, Wang Yuan knew Wu Guoxing's criminal intentions."

"Since Wang Yuan knew Wu Guoxing's criminal intent, why did he leave Fang Zhizhi outside the rental house and face Wu Guoxing with criminal intent alone?"

"The explanation of the defendant's agent ad litem is that Wang Yuan does not think that Wu Guoxing really dares to kill and believes in his heart that Wu Guoxing is here to find him."

"These are all subjective factors for Wang Yuan as explained by the defendant's agent ad litem."

"And what about objective factors?"

"First of all, it is based on the evidence provided by the prosecution and the law enforcement side."

Wu Guoxing had appeared at the door of Wang Yuan and Fang Zhizhi's rental house for nearly seven or eight minutes, and at this time, Fang Zhizhi had not returned.

He also knocked violently on the door of the rental house, insulted him, and erupted with criminal intent. ”

"Showing a tendency to be violent."

"In these seven or eight minutes, Wang Yuan and Fang Zhizhi chatted, Wang Yuan knew in his heart that there was danger, but why didn't he tell the situation during the chat at that time?"

"In this process, the average person's idea must be to tell their roommate or friend the specific situation, right?"

"Moreover, Wang Yuan mentioned that he wanted Fang Zhizhi to persuade Wu Guoxing away."

"Fang Zhizhi and Wu Guoxing are not familiar with each other, why does Wang Yuan think that Wu Guoxing's angry personality and intention to commit crimes will not target Fang Zhizhi to commit crimes?"

"Why didn't Wang Yuan notify Fang Zhizhi of this situation outside the rental house as soon as possible?"

"Obviously, Wang Yuan's behavior does not conform to the thinking mode of ordinary people."

"Through the above objective behaviors and abnormal behaviors, is it possible to infer Wang Yuan's psychological journey in the rental house at that time?"

"Substitute for a moment."

"Is it that Wang Yuan is in the rental house, and there is no good way to face Wu Guoxing's threat, so if you want Fang Zhizhi to come over and solve it, it is best to persuade Wu Guoxing to leave."

"But I didn't tell Fang Zhizhi about the current situation, I was worried that Fang Zhizhi would also be afraid, so I blurred the situation at that time."

"The purpose of doing this is because Wang Yuan thinks that she is safe in the rental house, and whether Fang Zhizhi is in danger or not has nothing to do with her."

"She doesn't care if Fang Zhizhi is in danger...."

"Wang Yuan's character is like this, she doesn't take into account the feelings of others and puts her own interests first."

"This can be seen through the dictation of Wang Yuan's friends, as well as the fact that Xie Jingmei and the law enforcement party wanted Wang Yuan to appear in court as a witness, and Wang Yuan directly refused."

"So based on this character and Wang Yuan's approach, this may be Wang Yuan's real subjective thoughts, and other statements are just statements made to evade legal responsibility."

"Also...."

"The content described by the defense litigation lawyer is all from Wang Yuan's subjective description, and does not make a statement from objective facts."

"According to the three objective factors of the crime of negligent death."

"Wang Yuan all meet the first factor and the second factor, and the defense lawyer has no opinion on this, right?"

Wei Hao frowned slightly, there was no need for any other plea at this point.

Because according to the evidence and Wu Guoxing's confession, it has been verified that Wang Yuan does meet all of the first and second factors.

"No comment."

"But here, I want to emphasize that Fang Zhizhi's death has no legal causal relationship with Wang Yuan."

？？？

Is there a causal relationship that you say?

Why do you take a subjective thing every day?

The reason why you speak subjectively and not based on objective facts.

It's not because you know that from an objective point of view, Wang Yuan will definitely lose this lawsuit.

Therefore, the relevant legal issues have been discussed from the subjective factors of Wang Yuan.

In fact, to only talk about subjectivity and not objective facts is to play hooliganism.

Subjectivity is demonstrated through objective implementation conditions, not what you say about my subjectivity, what my subjectivity is.

If the presiding judge, through your statement, determines that what you are talking about is subjective, and that subjectivity is what it is, and does not use objective factors to make arguments, is that possible?

It's simply impossible!

In the face of Wei Hao's words, Su Bai didn't bother to refute, but continued to make supplementary statements.

"According to the third point from the objective point of view:"

"In this case, it refers to whether there is a corresponding causal relationship between Fang Zhizhi's death and Wang Yuan."

"First of all, Fang Zhizhi's death was a direct factor caused by Wang Yuan's then-boyfriend Wu Guoxing."

"Before the crime."

"Wang Yuan knew that Wu Guoxing had the possibility of wanting to commit violence in that situation, but still asked Fang Zhizhi to dissuade Wu Guoxing, and did not inform Fang Zhizhi of the situation at that time, which is a concealment of the facts."

"In this case, should Wang Yuan be responsible for the death of Fang Zhizhi?"

"Criminal law causation is a link between a person's actions and harmful outcomes."

"If Wang Yuan had notified Fang Zhizhi at that time and told Fang Zhizhi about the relevant situation, would Fang Zhizhi still accept Wang Yuan's request?"

"Is there a chance that it won't?"

"If Fang Zhizhi was informed and Fang Zhizhi accepted it, then Wang Yuan would not have to take responsibility.

Because Fang Zhizhi acquiesced that his behavior would not cause accidents, or he tacitly acquiesced that his behavior was borne by himself. ”

"However, Wang Yuan's situation is obviously concealment, and it is a deliberate failure to inform, which caused the result of Fang Zhizhi's death, and produced cause and effect in criminal law."

"That is, for Fang Zhizhi's death, Wang Yuan needs to bear the corresponding responsibility."

"Causing death by negligence."

"At the same time."

"We still have a few very important questions that I would like to ask and ask about the defendant and the defendant's litigation lawyer."

"First: When Wang Yuan knew that Wu Guoxing had criminal acts and intentions."

"Why didn't you call the police?"

"Why did Fang Zhizhi contact Fang Zhizhi in the first place, instead of telling the law enforcement party and notifying the law enforcement officers to come over to deal with this complicated situation?"

"Again."

"According to the description of the defendant's litigation lawyer, Wang Yuan did not have the wisdom of the other party to check within 10 minutes after the end of the case, because of a stress reaction."

"So what kind of stress reaction caused Wang Yuan to forget to call the police and ambulance?"

"What is Wang Yuan doing in these ten minutes?"

"Is it really irrational and unobjective behavior in a stressful situation?"

"According to a normal person's thinking, even in a stressful situation, shouldn't you call the ambulance first or call the police first?"

"Why didn't you do this for ten minutes when you were in a safe state?"

"This is not in line with the stress response of the average person."

"Please ask the defendant to answer these points."

"Presiding judge, I've finished supplementing."

Su Bai's supplement is to completely describe all the situations, from subjective to objective to legal criminal causation.

At the same time, several questions were added.

These questions are all refuted by the defendant's litigation lawyer Wei Hao's subjective statements against Wang Yuan.

But Su Bai did not question it, but threw the question to the defendant, and asked the other party to refute the other party's subjectivity from an objective point of view by answering these questions.

You explain that Wang Yuan's subjectivity is so-and-so, but why does this not conform to objective factors?

You can't explain it.

So how do you prove that you subjectively thought so at the time, and not deliberately said it later in order to avoid criminal responsibility?

Although I have no evidence of what your subjectivity is.

But I'm going to refute you from an objective point of view.

If you can't answer the question, or if the answer doesn't meet the question, then the presiding judge will not take what you say is subjective, but judge your subjectivity based on other objective facts.

This was the purpose of Su Bai's inquiry.

After Su Bai finished speaking.

On the bench of the trial table, regarding Su Bai's statement, the presiding judge Zhou Guangyu made a general sort-out, and then looked at the defendant's seat after the finishing was completed.

"In response to the questions raised by the litigants, the following are some of the more important questions for the defendant parties."

"Is the defendant ready?"

Wang Yuan looked up at the presiding judge, her expression was a little nervous, but she still nodded: "Presiding judge, I'm ready." ”

"Hmm!"

"Then I will start questioning you now, but I need to remind you before asking, if you deliberately conceal or fabricate facts, it will have a significant impact on the verdict of the trial."

"You have to bear all the consequences."

"Got it?"

"Understood...."

After hearing Wang Yuan's answer, Zhou Guangyu continued to speak:

"First question, when you received Wu Guoxing's information and Wu Guoxing used violent acts at the door of your rental house, such as hitting doors and windows, which was very aggressive."

"Why didn't you choose to call the police, but let Fang Zhizhi dissuade you, and didn't tell Fang Zhizhi the specific situation, and chose to hide it?"

"I...."

"I was thinking...."

Wang Yuan hesitated and didn't know what to say, because the situation at that time was indeed the same as what Su Bai said.

She was safe inside, and the reason why she didn't call the police and let Fang Zhizhi dissuade her was because.

She still has a little affection for Wu Guoxing, and she doesn't want to call the police and let the law enforcement officers deal with this matter.

Because I am worried that if the law enforcement officers come over, it will cause unnecessary influence and trouble to Wu Guoxing.

That's why I want Fang Zhizhi to come over and persuade....

But can she say anything about it?

Can't say.

Although she doesn't know much about the law, if she says this, it is obvious that she must have made a mistake.

If you make a mistake, you need to go to jail ....

She didn't want to go to jail.

Wang Yuan's eyes dodged, and he didn't know how to answer this question for a while.

In the face of Wang Yuan's hesitation, Zhou Guangyu continued to speak seriously: "Please ask the defendant to answer the questions." ”

"Presiding Judge, I.... I can't remember what I thought at the time, maybe it was because I was so excited, or maybe it was something else..."

"Presiding Judge...."

"I really forgot what I was thinking, I can't remember, I was so scared that I can't remember what it was now...."

This kind of excuse ....

Zhou Guangyu glanced at Wang Yuan lightly.

Generally speaking, there are only two cases of refusal to make a statement, one is that you really can't remember.

There is also a kind of people who don't want to say it, and they are afraid that the false facts will be exposed, and they will bear the corresponding responsibility in the future, and they shirk it and say that they can't remember.

Wang Yuan's current situation is clearly the second case.

Zhou Guangyu continued to speak: "What you mean is that you can't refute the questions raised by the litigation party, right?" ”

Wang Yuan's expression was embarrassed and she wanted to refute, but she really didn't find a suitable reason for a while.

I am more worried that I will bear the corresponding consequences of responsibility for what I say casually.

Knock knock!

Faced with this situation, Zhou Guangyu did not continue to ask, but rang the gavel and asked another question.

"May I ask the defendant, why didn't you open the door to take a look at the situation outside, or call the police and call the ambulance for ten minutes after Wu Guoxing committed the crime?"

"Do you know that Wu Guoxing committed a crime at that time?"

"What was on your mind at the time, and why did you do such a thing?"

"I....I knew that Wu Guoxing had committed a crime, but I was too scared, I was afraid that Wu Guoxing didn't leave, I was afraid that he was still waiting for me outside, so I didn't open the door."

"I didn't call the ambulance because I didn't know what was going on...."

"In that case, I was in a hurry, but my head couldn't turn for a while, because I hadn't faced such a thing,"

"The presiding judge .... I really didn't mean to. ”

"Presiding Judge, please believe me...."

Facing Wang Yuan's words, Zhou Guangyu said lightly: "Whether you believe it or not, you need objective facts to determine, and you need to come up with evidence to make me believe you." ”

"Do you have any evidence of that?"

One sentence blocked the words that Wang Yuan was about to ask again.

Knock knock!

The gavel sounded.

Zhou Guangyu's eyes circled the trial scene.

"Regarding whether Wang Yuan committed the crime of negligently causing death, are there any other factual bases or evidence that need to be stated?"

Wang Kai: "No. ”

Su Bai: "No." ”

Wei Hao frowned slightly: "No." ”

Knock knock!

"Since neither party has any other factual basis or evidence to be stated."

"Then now for the adjournment."

Knock knock!

The dull voice of the hammer fell, the trial plea was suspended, and the court entered the adjournment stage.

Call....

Su Bai breathed a sigh of relief and looked at the defendant with a smile.

This is almost the end of the plea.

Now it is only necessary to wait for the members of the collegial panel to discuss how to decide the case during the adjournment stage.

So far....

According to objective factors, there is a legal causal relationship between Fang Zhizhi's death and Wang Yuan.

It is inevitable to sentence her!

It's just that....

Perhaps the sentence applied for by the prosecution is a bit lighter.

Wang Kai: I originally thought that this sentence was okay.

But I didn't expect that this time there was room for further improvement in the plea.

Careless, careless....

I knew that I was applying for a 10-year prison sentence.

It's one thing for the court to decide whether to rule or not, but within the corresponding application rules, he can apply!

In the adjournment stage, Li Xuezhen's eyes were shining.

PS: Ask for a monthly pass~

(End of chapter)