The different ways of judging represent subjective inconsistencies.

Intentional and negligent acts are primarily based on foresight and failure to foresee.

In the process.

The most subjective verdict is the behavior of Dong Bing and Fang Tang.

The facts of Xu Feng, Li Tao, and Zhang Manlei's crimes were established.

In this case, there is no way to refute it.

So did Dong Bing and Fang Tang's actions constitute negligence causing death? Or does it constitute an intentional act?

Need to look at the evidence.

.

….

On the bench.

Wang Lei didn't have much emotion, and said with a flat expression: "About this case." ”

"The facts of Xu Feng, Li Tao, and Zhang Manlei's crimes are clear."

"Xu Feng, Li Tao, Zhang Manlei, the three of you plead guilty and accept punishment....?"

Xu Feng and the others did not hire a lawyer to defend themselves.

Rather, it was the legal aid lawyer who was found, and the legal aid lawyer's determination of this case was-

If the facts of the crime are established, there is no point in continuing to plead guilty, admitting guilt and accepting punishment.

And so—

In accordance with the entrusted wishes of Xu Feng and the others, they pleaded guilty.

In order to alleviate the guilt of the trio.

The legal aid lawyer spoke: "Our client pleaded guilty and accepted punishment and will not continue to plead. ”

"Okay."

Wang Lei nodded slightly.

Next, what needs to be faced is the accusation and determination of the crimes of Fang Tang and Dong Bing.

Wang Lei glanced at the materials of the lawsuit, and then spoke:

"The defendants Fang Tang and Dong Bing are suspected of making false testimony and colluding to commit suicide by negligence."

"In response to the above charges, do the defendants Dong Bing and Fang Tang need to plead a plea?"

Facing the presiding judge's inquiry, Fang Tang and Dong Bing both had unwillingness written on their faces.

When this case was prosecuted, both of them were very confused.

In their hearts, isn't this a very small thing? Why was he suddenly prosecuted?

They did make a mistake, but they didn't make such a big fuss, right?

Prosecution was initiated, and the sentence was still that long.

I definitely don't want to!

In the present case, they did not consider themselves to have committed any wrongdoing.

The lawyer entrusted by the two also pleaded guilty to this point.

The focus of the plea is:

Determination of no negligent acts!

"Presiding judge, we believe that our client, Fang Tang and Dong Bing, is not involved in negligence causing death."

"Among them are the following—"

"First, the contradictory behavior was carried out by the parties Xu Feng, Lin Dong and others, and it is not directly related to us."

"Second, we were only angry at Lin Dong's behavior at that time, and did not perform any other acts, and, according to Xu Feng and others, the "wooden stick" at that time, that is, the only physical evidence in this trial, has not been found for the time being. ”

"Only the confessions of Xu Feng and others prove this."

"We have the right to suspect that this is a false accusation against us."

"A single confession does not form a complete chain of evidence."

"Therefore, we cannot be found guilty."

"We are applying to have the charges against us dropped."

This is where the most crucial aspect of the trial lies.

Without physical evidence, can you prove Fang Tang and Dong Bing's negligent crimes?

That is, he knew that Fang Tang and Dong Bing had committed a crime, but based on the lack of evidence, a complete chain of evidence could not be formed, and Fang Tang and Dong Bing denied it.

There is no such thing as a direct bite.

Su Bai: ???

There's nothing wrong with convicting a crime of negligence, but you're here now?

Let's elaborate on the chain of evidence, right?

Come on, come on, I'll let you elaborate!

Su Bai raised his hand to signal that there was a question to be asked, and after obtaining the consent of the presiding judge Wang Lei, he spoke:

"Based on the statements of the defense, I would like to ask a few questions...."

"First: no physical evidence can be found, and the chain of evidence is incomplete, but I would like to ask the defendant, Xu Feng and others admitted that they used a wooden stick to hit Lin Dong and caused his death."

"And Lin Dong did show signs of being hit by heavy objects such as wooden sticks."

"May I ask why there were wooden sticks during the guard hours under the circumstances?"

"Did Xu Feng and the others bring it in?"

"Xu Feng and the others should make a record of seizure when they go in, right?"

"These should record whether Xu Feng and the others brought wooden sticks, right....?"

"I would like to ask the defendant how to reasonably explain the appearance of the wooden stick?"

"How can you explain the serious injuries caused by a large stick on the victim Lin Dong's body?"

Evidence is a point of evidence.

If a crime is inferred from evidence alone, it does not constitute a chain of evidence.

Acts that do not amount to a crime.

Confessions are also a single piece of evidence and cannot be constituted in the chain of evidence.

However, the opposing party's lawyer ignored the most important point, that is, Xu Feng's confession was a chain of evidence formed with the scars on Lin Dong's body.

To put it bluntly, the evidence is direct evidence, but Lin Dong's injuries directly prove that Xu Feng's confession is true, and it is also direct evidence.

So based on this ....

It is completely possible to put aside the words of Fang Tang's lawyer, a single confession cannot form a chain of evidence, and it cannot constitute a criminal fact.

The purpose and key point of the two questions asked by Su Bai are also here.

The opposing lawyer clearly wanted to exonerate himself by not finding evidence.

But in reality there is no point ....

Even if the verdict is not pronounced in this trial, but this kind of fact is obviously aware of the other party's criminal behavior, the evidence will definitely be added.

Find the evidence.

Or from other aspects, such as the core content of Su Bai's questioning, the scars on Jia Lindong's body are equal to direct evidence...

It is also possible to make a direct judgment.

In the face of Su Bai's inquiry, Fang Tang and Dong Bing focused all their attention on their entrusted lawyers.

The lawyer entrusted by the two is a well-known criminal lawyer of a law firm in Guangdong.

Faced with Su Bai's rhetorical question, Zhang Tao handed over the right to answer to Fang Tang and Dong Bing.

"I would like to ask our parties to make statements and answer these questions."

Zhang Tao opened his mouth and threw the question to Fang Tang and Dong Bing.

In Zhang Tao's view, there is basically not much room for refutation in this case.

There is not much of a problem with the crime of negligence causing death.

He communicated with Fang Tang and Dong Bing that there is no need to make a not-guilty defense for negligence causing death, and it is better to make a commutation defense.

However, Fang Tang and Dong Bing insisted that they were not negligent in causing death, and their actions did not constitute a crime.

And the criminal lawyer is strongly required to plead not guilty.

Zhang Tao had no choice but to defend his innocence according to the requirements of the two people.

And the matter is explained in advance, which is likely to increase the sentence.

Regarding Zhang Tao's explanation in advance, Fang Tang did not take it to heart, but only asked Zhang Tao to make a not-guilty defense.

Zhang Tao had no choice but to agree, after all, he had already said the ugly words in advance, and if the other party still demanded so, then he could only reply according to the client's litigation application.

As for the content and outcome of the defence and the division of responsibility, he is not at all responsible.

.

….

Facing Zhang Tao throwing the question back, Fang Tang was silent for a few seconds.

Just make your own statements.

Righteous words, fierce words replied to related questions:

"The lawyer on the other side asked, I can't answer these questions."

"It's not that I don't want to answer, it's because I don't know where the wooden stick and the scars on Lin Dong's body came from."

"But!"

"I think the accusations against me are all slander."

"There is no substantive proof to say that I had a quarrel with Lin Dong, and to prove that I instigated Xu Feng and others to beat Lin Dong."

"Everything I do is based on the law."

"Xu Feng and others may have deliberately attacked, retaliated against, and slandered me because of my identity!"

"It's all a slander against me!"

"If you can't find physical evidence, how can you convict me?"

"Are the prosecutors and the court still unreasonable?"

"Isn't that completely unreasonable?"

Gee.....

Isn't it all starting to be so unreasonable now?

You have to show up physical evidence to prove your guilt, right?

Other proof of directness doesn't work?

deliberately did not answer this question, and also took a bite back to try to prove his "innocence".

Why don't you answer the crucial questions I just asked?

Do you not know how to answer, or do you dare not answer?

The old fritter belongs to yes.

Su Bai meditated in his heart.

On the judgment seat, Wang Lei: .....

Who are the unreasonable?

.

….…

Meanwhile.

In the live broadcast room of the trial, there are also some people who pay attention to this case, but they don't know the law too well.

"If there is a lack of physical evidence in this case, can't it be adjudicated?"

"I think what the defendant said is quite reasonable, what if it is a false accusation?"

"Is there a big guy who can answer this question?"

[Pay attention to Lawyer Su's eighteen centimeters]: "Ahem.... I have always paid attention to Mr. Su, and I am also an experienced law enthusiast. ”

"Let's talk about it roughly, don't laugh at it, you can point out any problems."

"I think it's unreasonable to be the defendant, right?"

Although there is no physical evidence of "wooden stick", Lin Dong's death is the result, coupled with the confessions of Xu Feng and others. ”

"Especially the most important point is Lawyer Su's inquiry, I don't know if you have noticed."

"That Fang Tang and Dong Bing have always emphasized that the other party is falsely accused, but the prosecution and the prosecution have already come up with relevant evidence, which is no longer to say that there is no doubt about the guilt, but they are already guilty."

He also can't explain the origin of the "wooden stick" and the source of the scars of the "wooden stick", from this point, it should be able to determine, right? ”

"Yes.... What I said upstairs is right, although there is no principle in criminal law to suspect guilt, but the direct evidence has already shown that the other party is guilty, this Fang Tang and Dong Bing are completely nonsense. ”

"The lack of physical evidence does not affect the verdict at all, because a chain of evidence has been formed, but considering the influence of public opinion, the presiding judge in the court will not announce the verdict for a long time."

"Got it...."

.

….

In the presiding judge's seat, Wang Lei's emotions were similar to those expressed in the barrage in the live broadcast room.

This case is about evidence.... It must be able to determine that Fang Tang and Dong Bing's negligence caused the death.

But it needs to be taken into account that the influence of public opinion.

After all....

There will always be some titles on the Internet with a barrage of pictures and various small essays.

This is what Wang Lei needs to consider.

But.....

Wang Lei shifted his gaze to Su Bai.

During the last adjournment, Wang Lei got to know Su Bai.

What I know about Su Bai is that in the court court, he can always think of different entry points.

This time.... He wanted to hear what kind of answer Su Bai would give in the face of Fang Tang's few questions.

PS: Asking for a monthly pass ~ making up for it will be a little later.

(End of chapter)