Chapter 182: Judge: Two Years? Start in at least three years!
Adjournment.
The most nervous are Wu Guoxing's parents and Wang Yuan's parents.
Because this trial is about whether Wu Guoxing and Wang Yuan will encounter serious criminal punishments,
Wu Guoxing's parents are okay....
After all, the defense lawsuit just now was against Wang Yuan.
Even if Wang Manhua doesn't understand the law, he can see at the trial that the inquiry just now is very unfavorable to Wang Yuan.
No matter how you look at it, it is a trend to send Wang Yuan in.
Wang Manhua looked at Wei Hao with a nervous face: "Lawyer Wei.... How did you get into an adjournment now? ”
"Judge .... When the trial starts, will the verdict be made? ”
"Lawyer Wei.... Do you think we can win this lawsuit? ”
Wei Hao sorted out the litigation materials in front of him, frowned slightly, and turned his head to look at Wang Manhua.
"The adjournment is a collegial panel and there needs to be some discussion about this lawsuit."
"This lawsuit.... If you can't say it, I don't know if you can win the lawsuit. ”
"It is estimated that the court will still need to listen to the statements of the two parties.
The sentence has not yet been determined, and the verdict will not be announced on the spot, so there should be some small details that need to be discussed.
However, the specific situation is not beyond our control, and it is still up to the judge and the trial members to make a decision. ”
"You ask me.... I don't know how to answer you. ”
"Okay, I understand Lawyer Wei."
"Thank you, Lawyer Wei."
Hearing Wei Hao's perfunctory and inaccurate answer, although Wang Manhua was a little unhappy, he still expressed his gratitude verbally.
.
….
The other side.
Wang Yuan sat in the defendant's seat, looking nervously at the bailiffs on both sides of her.
I was scared about my future.
Shouldn't she really be sentenced?
.
…
But she's only in her early 20s now, which is her best age, in case she is really sentenced....
Wouldn't it be all over if she went in for two years?
Wang Yuan looked at her parents.
As soon as Xu Li saw that her baby daughter was uncomfortable, she couldn't stand it.
I also want to go to Xie Jingmei to plead for mercy.
But....
Su Bai stood up and said a few words to the staff on the side, and the staff stopped the other party directly.
.
….….
Meanwhile.
Discussion room of the collegial panel.
The three members of the collegial panel, Zhou Guangyu, Yang Qifan, and Li Peng, discussed in more detail various matters in this case.
The most important of these is to determine whether the sentence recommended by the prosecution is appropriate for Wu Guoxing's specific sentence and whether Wang Yuan committed negligence causing death.
The three sat opposite each other, sorting out the relevant litigation materials about the trial, as well as the content of the defenses presented by the parties.
After Zhou Guangyu finished sorting out the relevant content at hand, he looked up at Yang Qifan and Li Peng.
"There is no opinion on the revocation of Wu Guoxing's first-instance verdict in this trial, right?"
"Isn't this already confirmed? There is certainly no opinion on revoking the first-instance judgment. ”
"Before the trial began, we had already conducted a certain amount of research on the case, and there were indeed certain loopholes in the first trial.
The sentence was too light.
The key point is that in this trial, the prosecution has already raised the facts that Wu Guoxing did have a relatively serious criminal circumstance.
The defense has no strong rebuttals. ”
"There is nothing wrong with revoking the first-instance judgment, the key is the punishment of Wu Guoxing."
"Should it be a prison sentence, or a life sentence.
After determining this point, we will further consider whether the sentencing recommended by the litigation side is less, and whether it is possible for Wu Guoxing to reach the level of a suspended death sentence. ”
"I think that's what we should be considering."
"Well, I think what Qi Fan said is still very reasonable, about Wu Guoxing, the suspect, the most important thing is his sentencing."
"There is no problem with the fact that intentional homicide is more aggravated, and the killing is a strange woman, and the murder is violent due to the factors of her own personality, and in this case the sentence should be heavier."
"But set sail.... The lawsuit only proposed, life imprisonment, and you still want to give a suspended death sentence, are you going to be a living Hades? ”
Li Peng laughed and teased.
Yang Qifan smiled: "Isn't this a need to consider multiple situations?" ”
"Although the lawsuit proposed a life sentence, our court's judgment should be based on the facts."
"Hmmm! That's right! ”
Zhou Guangyu nodded.
"Wu Guoxing's verdict takes into account the issue of the sentence, and there is no objection to the determination of the more serious circumstances."
"What about Wang Yuan?"
"How should Wang Yuan's negligence cause death?"
Zhou Guangyu looked at the other two and asked.
Li Peng was silent for a few seconds before he spoke:
"Wang Yuan's negligence caused death, and according to the performance of both parties to the litigation, the objective facts of the litigants are relatively sufficient, and Wang Yuan cannot refute it from the subjective aspect."
"From Wang Yuan's specific subjectivity, it can't be verified, but objectively, how can I say it...."
"Wang Yuan's actions and Fang Zhizhi's death have a causal relationship in terms of criminal responsibility."
"For Wang Yuan's judgment, it is mainly based on the amount of responsibility."
"What do you two think?"
"Well, I agree with this point of view, and I also think that it may be that the prosecution does not know this case in detail enough, and the recommended sentence is only two years, and I think Wang Yuan should bear the main responsibility for the criminal relationship in this case, which has produced a heavier circumstance."
"According to the scope of the sentence for the crime of negligence causing death, if there are more serious circumstances, the sentence should be between 3 and 7 years, and the prosecutor's recommendation of a two-year sentence is obviously not appropriate."
"Huh?"
"How do you determine that this has a heavier plot?"
Zhou Guangyu looked at Li Peng and asked.
Li Peng spoke: "First of all, Wang Yuan did not inform Fang Zhizhi of the specific situation outside the rental house at that time, and deliberately asked Fang Zhizhi to come over to dissuade him. At this point, her subjective motives are difficult to determine. ”
"Then there's why didn't she call the police?"
"This point has been raised by the litigant."
"Presiding judge, take a look at the information submitted by the prosecution on this aspect."
"Judging from the information submitted by the parties to the lawsuit.
The information focuses on the time from Wu Guoxing to the rental house where Wang Yuan and Fang Zhizhi lived, and how long did Wang Yuan stay from the time when Wang Yuan knew about this incident to Wang Yuan's call for emergency services? ”
"I stayed for more than 30 minutes, almost 40 minutes."
"In terms of women's psychological fragility, in this regard, but there is no action for 40 minutes, which is obviously very unreasonable."
"It is obvious that Wang Yuan did not tell all the facts in the trial."
"Again."
"In fact, if it weren't for the fact that Wang Yuan and Fang Zhizhi usually did not have a conflict, and the investigation of Wu Guoxing was confirmed, I suspect that the law enforcement side would have investigated this case as an intentional murder."
"So in terms of negligence, Wang Yuan is suspected of gross negligence and subjective intentionality, and I think her sentence should be more than three years."
Yang Qifan took over at this time: "Actually, I think so too. ”
"However, the prosecution has proposed a two-year sentence, and if we follow this sentence, I don't know if the prosecution will raise other issues."
"Hehe...."
"The thoughts of the two of you collide with mine, and this time the court is adjourned, and the main discussion is about the sentence."
"Regarding Wang Yuan's sentence, it is indeed a point that needs to be considered."
"Well, let's hear what the litigants think about this issue."
"At that time, if it is determined to be a more serious circumstance, it will be according to what we discussed."
"Good...."
"Yes."
Yang Qifan and Li Peng nodded at the same time.
.
….….
Soon the court adjourned, the time was over, and the members of the collegial panel once again stepped up to the bench.
The trial continued with the reopening of the clerk's voice.
With the specific discussions between Yang Qifan and Li Peng in the discussion room, Zhou Guangyu, as the presiding judge, had a clearer idea of this case.
Knock knock!
The gavel sounded.
Zhou Guangyu looked at Su Bai in the seat of the litigant and spoke:
"At the end of the adjournment, the verdict of life imprisonment for Wu Guoxing was filed by the litigation party's agent ad litem."
"What is the basis for the litigation agent?"
Sentence!
The question of the sentence came.
Su Bai raised his head slightly and looked at the presiding judge's seat and spoke:
"Presiding Judge, what we are relying on is intentional homicide causing death, and if the sentence is based on the more serious circumstances, it should be more than 10 years in prison."
And between Wu Guoxing and Fang Zhizhi, there is no big grudge, just a relationship of mutual understanding.
Wu Guoxing's criminal behavior against the wisdom of the other party is completely a factor that belongs to himself. ”
"Although it is said that Wu Guoxing called the police and surrendered after the incident, it caused Fang Zhizhi's death, which is an established fact."
"We don't have any understanding of it."
"Based on the above, we believe that life imprisonment should be imposed."
The difference between intentional homicide, death penalty, and life imprisonment is whether it is a brutal killing and whether it is a premeditated killing.
and judging according to some scenarios.
The most important thing to do is whether there is a plot to surrender.
In general, if there is a voluntary surrender circumstance, a mitigating sentence will be taken into account at the time of trial.
The death penalty will certainly be rejected in cases where there are generally circumstances of voluntary surrender.
So Su Bai proposed a sentence of life imprisonment.
Knock knock!
At the end of Su Bai's statement, the presiding judge rang the gavel and looked at the defense lawyer.
At this time, Wu Jianlei and Li Xin were both nervous, and Li Xin kept whispering.
"Lawyer Ye.... You must help us.... Lawyer's fees or something, everything is easy to say, as long as I let my son get a lighter sentence, or uphold the first-instance judgment, I will give you as much money as you want. ”
Wu Jianlei also looked at Ye Hua anxiously, although he didn't speak, he didn't stop Li Xin.
Ye Hua sighed slightly and whispered, "I'll do my best." ”
Zhou Guangyu set his eyes on Ye Hua's body:
"Does the defendant's attorney ad litem have anything to make or add to this claim raised by the litigant?"
In fact, Ye Hua also knew very well in his heart that there was nothing to add to the question raised by Su Bai.
If you want to make a commutation from other places, it is difficult for the collegial panel members to accept it.
Therefore, we can only make a regular litigation supplement: "Presiding judge, we have something we want to continue to state. ”
"First of all, it is against our client, Wu Guoxing, who committed the crime.
Wu Guoxing's crime was carried out in a very emotional situation at that time, and it was not intended to be a murder against Fang Zhizhi. ”
"It's an impulsive crime carried out under a coincidental circumstance."
"The original motive was not to kill Fang Zhizhi."
"What's more, the first thing Wu Guoxing did after committing the crime was to turn himself in, and he had a frank and lenient act."
"We believe that the verdict against Wu Guoxing should be considered from these two aspects."
"Presiding Judge, I'm done."
Knock knock!
"After the defendant's statement, Wu Guoxing, as a party, do you have anything to say?"
Wu Guoxing glanced at the parents in the seats of the party being sued.
Shaking his head: "Presiding Judge, I don't have anything to say. ”
"Okay."
Knock knock!
The gavel fell, and a dull voice sounded, which meant that Wu Guoxing's life sentence had no other problems.
Next is the plea for Wang Yuan's sentence.
And the plea for Wang Yuan's sentence is also very simple.
Just need to target .... It is sufficient to determine whether Wang Yuan's negligent conduct is a more serious circumstance.
PS: Ask for a monthly pass~
(End of chapter)