It is not difficult to determine the excessive circumstances of Wang Yuan.

It is only necessary to correlate the causal relationship in criminal responsibility, and there is no big problem.

Besides, there has already been a detailed plea on this issue.

It's a lot easier later, just bring it up.

On the judgment seat.

Presiding Judge Zhou Guangyu asked Su Bai to state the relevant division of causal responsibility.

Su Bai began to divide responsibilities according to three points.

Three of the main responsibilities are:

First: Wang Yuan did not inform Fang Zhizhi of Wu Guoxing's behavior at the door of the rental house.

Second: When Wu Guoxing committed the crime, Wang Yuan knew about it, but did not call the police or help the party to call for ambulance.

Third: Wang Yuan's subjective intention cannot be proven.

The subjective intention here refers to the subjective intention of why Wang Yuan did not call the police and call the ambulance.

These three points are also the views put forward by Li Peng and Yang Qifan in the collegial panel during the discussion in the city.

Su Bai's statement on these three points is not much different from the results of the collegial panel's discussions.

After Su Bai finished speaking.

Wei Hao refuted, specifically through Wang Yuan's subjective behavior.

However, there are no objective factors to confirm the subjective behavior, so Wei Hao's rebuttal is particularly weak.

Knock knock!

After both sides finished their presentations, the presiding judge, Zhou Guangyu, sounded the gavel.

Looking at the litigation materials, he nodded slightly, and he already had a judgment in his heart.

Then there is the court case.

It is also the most critical link in this trial, and it is also the last link.

Ye Hua and Wei Hao acted as litigation attorneys for Wu Guoxing and Wang Yuan.

I know very well in my heart that the court statement is also their last chance.

Although some of them have already been sentenced, it may be possible to try to reduce the sentence by using the court statement appropriately.

On the bench of the court, after Zhou Guangyu circled the trial scene, he slowly spoke:

"Do the parties to the trial have any other objections to the current litigation defense?"

At the same time, the parties expressed no objection.

The gavel sounded.

Zhou Guangyu continued to speak:

"Since there is no objection from the parties, let's now move on to the last part of the proceedings, the court presentation."

"Ask the defendant Wu Guoxing or Wu Guoxing's agent ad litem to make a court statement."

"Parties and agents ad litem, one of you may make court statements."

Facing the presiding judge's words, Ye Hua spoke: "Presiding judge, in this trial, we are our party to make the final court statement. ”

"Then please ask the defendant Wu Guoxing to start his final court statement now."

Wu Guoxing glanced at his parents in the defendant's seat, and remembered Ye Hua's reminder of him earlier.

Admit guilt and accept punishment, have a sincere attitude, do not resist, do not refute, and do not raise objections.

After thinking of this, Wu Guoxing raised his head and looked at the seat of the judgment table:

"Presiding Judge, I don't have anything to defend the facts of my crime."

"I don't have much else to say about the court presentation."

"I plead guilty."

"I admit that I killed Fang Zhizhi, and I am willing to accept the punishment I deserve."

"Whatever the sentence is to me, it is the death penalty, the life sentence, the sentence is increased to a fixed-term prison sentence, or the original sentence is upheld."

"I want to say that I support the verdict of the trial."

"It's just..."

Wu Guoxing turned around and looked at the litigant's seat.

"Presiding Judge, I have other mothers who want the wisdom of the other party."

"I can understand Fang Zhizhi's mother's feelings, I want to say sorry here, it was my impulsiveness that caused the current result."

"I sincerely apologize to you."

As he spoke, Wu Guoxing bowed deeply to the courtier's seat.

Xie Jingmei's eyes were red, her lips were pursed, and she didn't say a word.

Does an apology work?

This belated apology doesn't mean anything to her.

It can only be said that it made Wu Guoxing's heart feel a lot better.

Reduced a lot of guilt.

But what about her?

Her daughter was killed by Wu Guoxing, and at this time, because of the guilt in his heart, the murderer apologized to her.

Does she have to accept this guilt and apology?

Don't, and can't take it.

Xie Jingmei did not speak, refusing to accept Wu Guoxing's apology.

Su Bai noticed that Xie Jingmei's eyes were red, and motioned for Li Xuezhen to hand Xie Jingmei the paper.

This kind of apology is very common in court.

It looks very sincere.

Whether it is actually a sincere apology or an attempt to make a good impression on the judge by apologizing, no one knows.

At this time, Zhou Guangyu rang the gavel: "Has the defendant Wu Guoxing finished his statement?" ”

"Presiding Judge, I'm done."

"Okay, then let's ask the defendant Wang Yuan or the defendant's agent ad litem to make a statement in court."

Zhou Guangyu glanced at the lawsuit materials, and then looked up at Wang Yuan's defense seat.

At this time, Wei Hao raised his hand and signaled:

Zhou Guangyu noticed Wei Hao's gesture: "What's the problem with the defendant's agent ad litem?" ”

Wei Hao spoke: "Presiding judge." ”

"Can we request that our parties and agents ad litem make separate statements."

"Because I'm worried that our agent ad litem may not be too clear in some aspects, in fact, our agent ad litem is still very ashamed of the death of Fang Zhizhi."

Xie Jingmei: ???

Very ashamed?

It's very guilty, so I didn't even want to testify in court at the beginning, right?

In the first instance, why was Wu Guoxing sentenced so lightly?

If Wang Yuan is really guilty, why is she unwilling to testify in court?

Even when she begged Wang Yuan to testify in court, Wang Yuan directly blocked her and secretly satirized her on Weibo.

Is this called shame?

Are you afraid that you will go to prison, go to prison for many years, and when you come out, you are worried that you will not have such a good life as you have now, so now you feel ashamed?

Xie Jingmei was emotional.... Li Xuezhen whispered comfort on the side:

"Don't worry.... Lawyer Su must let the other party get the punishment he deserves! ”

"If we are excited, we will fall into the trap of the other party, and we may delay the time for the trial to be announced."

Hearing this, Xie Jingmei's emotions calmed down.

.

….

Zhou Guangyu frowned slightly, and rang the gavel: "The collegial panel rejected the application of the defendant's litigation lawyer. ”

"Only one person can make a court statement."

"The defendant's agent ad litem is requested to confirm the person who appeared in court to make a statement in court."

Wei Hao didn't expect his application to be rejected, and glanced at Wang Yuan.

"Ask our client to make a court case."

"Then, please ask the defendant Wang Yuan to make the final court statement now."

In the face of the final court statement, Wang Yuan seemed a little flustered, and her eyes kept jumping back and forth on her parents and the courtier's seat.

She didn't know what to do with the court case.

Because she didn't know how to refute or that she couldn't refute any of her accusations.

Wang Yuan's expression was a little anxious, but Zhou Guangyu didn't give Wang Yuan any chance.

"Now I invite the defendant Wang Yuan to make a statement in court."

In the urging of the presiding judge Zhou Guangyu, Wang Yuan finally set her eyes on Xie Jingmei.

"Presiding judge, I don't know what to do with the court statement...."

"The court statement is a summary of this trial, and you can tell me what you think about this case, or what you think is wrong about your judgment in this case."

"Can I talk to her, then?"

Wang Yuan pointed at Xie Jingmei.

Zhou Guangyu spoke: "You have the right to make a statement, but the other party is not obliged to reply to your inquiry. ”

"Okay...."

Hearing the exact words, Wang Yuan seemed to have found her target, looked at Xie Jingmei and began to state.

"Aunt Xie.... I knew I was doing something wrong and I should have called the police, but I really didn't think about it that much, I really didn't know what to do! ”

"Aunt Xie, you have to believe me...."

"Aunt Xie...."

"You should know that the relationship between me and Zhizhi and the two of us has always been very good, otherwise the two of us would not be able to share a house."

"At that time, I really didn't think of anything else, I didn't inform Zhizhi, because I didn't think Wu Guoxing would be able to hurt Zhizhi."

"Aunt Xie, don't you believe me?"

"I don't want to see that, but... I didn't really know what to do. ”

"I believe in wisdom, and I don't want to see this happen."

"I don't want her mother to let her good friend go to jail."

"Aunt Xie, forgive me, I really didn't have a clear mind at the time, I didn't think of so many things, I will be your daughter and goddaughter in the future."

"Aunt Xie.... All right? ”

Wang Yuan was so anxious that she was about to cry at this time.

Facing Wang Yuan's words, Xie Jingmei's face showed a rare anger.

Goddaughter?

When she begged the other party bitterly, what was the other party's attitude?

Block her directly!

Now that I know that I can't escape the punishment of the law, crying that I want to be my goddaughter in the trial?

And what about her own daughter?

I'll never see my daughter again!

Wang Yuan just wants to use these three or two sentences to let herself forgive her?

Why?!

No way!

Seeing that Xie Jingmei's face was getting more and more angry, Su Bai directly raised his hand and signaled:

"Presiding Judge, the defendant's court statement has been seriously detached from the trial, and the content of the courtroom statement is stipulated."

"We apply for a stay of Wang Yuan's court statement."

Boom!

"The application is approved, Wang Yuan will not continue to make statutory statements, keep quiet!"

Facing the gavel falling on the trial table, Wang Yuan glared at Xie Jingmei with a little resentment, fleeting, and nervously looked at the parents in the defendant's seat.

The court case continues.

"The defense has finished its case, and now I ask the prosecution to present it."

Wang Kai has nothing to say about this trial.

The content of the statement was only a simple accusation of Wu Guoxing and Wang Yuan's crimes.

At the same time, the question of the recommended sentence was raised.

I don't know if it was because I discussed it with my assistant lawyer during the adjournment stage.

Or based on the plea at trial, other ideas arose.

In the court statement, it was proposed that Wang Yuan's criminal negligence should be recommended for four years in prison.

In the face of the prosecution's request to change the recommended sentence.

Zhou Guangyu spoke: "The collegial panel has understood the prosecution's statement, and now invites the litigation party or the parties to make a court statement." ”

Su Bai originally wanted to hand over the court statement to Xie Jingmei, but Xie Jingmei's emotions were too excited.

So Su Bai had to make a court statement instead.

"Presiding Judge, our court statement is as follows:"

"According to the litigation evidence submitted by us, several of the relevant evidence is Wang Yuan's implicit humiliation and abuse of our client Xie Jingmei."

"I don't know why the defendant Wang Yuan has so much hatred for our client."

"But we know that Wang Yuan will not feel any guilt towards us."

"As for the final result of this trial, we only hope that the presiding judge can use the fairest and most impartial law to make a judgment."

"Presiding Judge, our statement is over."

There is evidence, there is a factual basis, and there are objective factors.

There is no need to say so much in the court statement, as long as the main points are pointed out.

After the presentation.

Su Bai looked at the seat of the judgment table.

Xie Jingmei also set her eyes on the judgment seat, and at this time, she was extremely hopeful that the presiding judge would be able to sentence the main culprit who killed his daughter and the person who committed the crime.

Zhou Guangyu sorted out the litigation materials, and then rang the gavel.

Knock knock!

The dull sound of the gavel falling echoed through the courtroom.

It was accompanied by Zhou Guangyu's serious voice: "Now start announcing the verdict!" ”

Clerk: "All stand up!" ”

At the scene of the trial, all the relevant personnel stood up, and everyone's eyes were focused on Zhou Guangyu's face.

Zhou Guangyu began to read out the verdict:

"Cause of action:"

"The litigant is dissatisfied with the Sudu Intermediate People's Court's first-instance verdict on Wu Guoxing's intentional homicide and applies for an appeal."

"In addition, it is believed that the party Wang Yuan is suspected of negligent crime causing death in this case, and appeals."

"This trial is a joint case."

"The verdict will now be announced:"

"1: In response to the litigation party's proposal to revoke the first-instance judgment, the Sudu High Court held that:"

"In the first-instance judgment, the Sudu Intermediate People's Court improperly applied the sentence to the judgment at that time."

"When Wu Guoxing exercised the wisdom of the other party, it was obviously a sudden homicide, and it was a homicide caused by his own factors."

"Wu Guoxing confessed to his murderous behavior."

"Considering the social impact of this case, as well as the facts of Wu Guoxing's crime and the circumstances of his voluntary surrender."

"Now, the second-instance verdict and punishment of Wu Guoxing are announced."

"Revoke the first-instance verdict of eight years in prison for Wu Guoxing, and change the sentence to life imprisonment for Wu Guoxing!"

"Two: Charges of negligence against Wang Yuan."

"The following determinations exist:"

"(1) In the whole case, according to the objective facts, Wang Yuan had obvious knowledge and could foresee that Wu Guoxing might have acted harmfully to Fang Zhizhi, but did not notify him and asked Fang Zhizhi to dissuade Wu Guoxing."

"Based on this judgment, Wang Yuan's responsibility for Fang Zhizhi's death is a causal relationship in criminal responsibility."

(2) During the course of the incident, Wang Yuan obviously knew what was happening, but after the incident was over, she did not call the ambulance and police in time.

Based on (1), Wang Yuan needs to bear part of the responsibility. ”

"(3) Based on the first and second points, it is determined that Wu Guoxing caused Fang Zhizhi's death and Fang Zhizhi did not receive timely rescue, and Wang Yuan needs to bear corresponding responsibility in both aspects."

"According to the provisions of the Criminal Law, negligent death causing more serious consequences shall be punishable by imprisonment for three to seven years."

"In the course of this case, Wang Yuan's admission of guilt was not sincere, there was no circumstance of voluntary surrender, and it caused more serious consequences."

"That is, sentenced, four years in prison!"

"This court has jurisdiction over the case and the law is fully governed by domestic law."

"If the parties have any doubts about the outcome of the judgment in this case, or if there are any problems in the judicial process, they can file a review, supervision, or continue to appeal to the relevant supervisory authorities."

"Within 10 days of the closing of the trial, this court will send the judgment to the parties."

Knock knock!

"Closed!"

The last two words fell with the dull sound of the gavel.

The trial ended.

But some people are not satisfied with the verdict.

In the defendant's seat, Wang Yuan was stunned for a moment after hearing that she had been sentenced to four years in prison.

Obviously, he couldn't accept that he was sentenced to four years.

A sentence kept coming to mind: Didn't you just not help Xie Jingmei appear in court to correct him? Why was she sentenced to four years?

"Presiding Judge!"

"I am not satisfied with this verdict!"

"I think there is a big problem with this sentence, why should I be sentenced? I didn't kill people! ”

"Why should I be sentenced to four years in prison?"

"I think there must be a complication between you, otherwise how could you sentence me to four years in prison?"

"I'm going to file a supervisory review, and I'm going to ask the prosecution to make a protest!"

Facing Wang Yuan's roar in court, Zhou Guangyu, the seat on the trial table, glanced at Wang Yuan lightly.

Think there's something wrong with the verdict in this trial?

And said that he had an improper relationship with the party to the lawsuit?

Okay, okay!

Initiate a supervisory review.

How else could he be afraid?

.

….

Li Xuezhen's small face is straight: Do you think you are lawyer Su?

Initiating a supervisory review can send the presiding judge in?

It is not certain that this kind of judgment will be submitted to the relevant departments and that it will not be accepted....

PS: Ask for a monthly pass~

I glanced at the backstage when I was coding words tonight, and suddenly found that I had one more alliance leader!

Thanks to the big guy for the tip.

If nothing else, it must be added!

However, there are more things yesterday and today, and it is more likely to wait until tomorrow~

(End of chapter)