Chapter 233: One by one, none of them can run!
On the judgment seat.
Wang Lei made a simple summary of the current defense in his heart.
and waited for Fang Tang to reply.
His eyes fell on Fang Tang, Wang Lei could clearly feel Fang Tang's nervousness, so he asked again:
"Does the defendant Fang Tang have anything to say?"
Fang Tang was still silent.
Wang Lei frowned slightly and looked at Dong Bing: "Does the defendant Dong Bing have anything to state?" ”
Dong Bing remained silent and did not answer Wang Lei's inquiry.
Wang Lei continued to speak: "Is the defendant's silence out of acquiescence or does he not know how to answer these questions?" ”
"Ask the defendant to answer."
Default....?
Faced with Wang Lei's words, Fang Tang didn't want to bear the default charge, so he immediately spoke:
"Presiding judge, we don't know how to answer, we can't answer this question."
"There's no way to answer? Why is there no way to answer? ”
"Are you worried that your sentence will increase in the future, so you refuse to answer these questions?"
"You just have to say what you felt at the time, otherwise through your silence, the court has the right to consider what the prosecution has stated."
Wang Lei asked step by step, which made Fang Tang a little unbearable, and now it has reached the point where he has to answer.
Took a deep breath.
Fang Tang replied: "Presiding Judge, when we announced it to the public at that time. Didn't think about it that much. ”
"There is no question of escaping responsibility."
"It's just that I'm afraid that public opinion will have any bad impact, so I'm replying to the outside world for the time being."
"In the future, we will definitely bring Xu Feng and others to justice, and we have no intention of evading responsibility, nor do we want Xu Feng and others to evade legal sanctions."
"That's what we thought at the time."
Su Bai raised his hand and signaled: "Then why did you collude with Xu Feng and others and commit perjury?" ”
"In the future, you will definitely bring Xu Feng and others to justice, so how should they be brought to justice?"
"This is not a reason to declare that Lin Dong died of a sudden heart attack!"
"Because this reason is full of logical errors, the law pays attention not only to formal causation, but also to logical relations."
"Fang Tang, the defendant party, do you believe what you say? Is there a logical relationship between them? ”
Fang Tang was silent....
He himself is lying and making excuses to shirk his responsibility.
Facing Su Bai's questioning, he didn't know how to answer.
Only silence ....
In fact, his thoughts at that time were not much different from what Su Bai stated.
Being able to give perjury is intended to evade one's own responsibility.
Then it is definitely necessary to reduce the punishment of Xu Feng and others.
Merely.....
What happened in the ensuing situation far exceeded his and others' expectations.
.
….
On the judgment table, Wang Lei struck the hammer and did not continue to ask.
In his opinion, the trial is almost over.
The chain of evidence is conclusive.
Subjectivity is proven.
The defense could not produce any useful evidence to prove it, and it was still running there with a mouth full of trains, without giving any factual basis with legal basis.
Who is he sentenced for?
The court sounded and went into recess.
The members of the collegial panel leave their seats.
On the trial floor, Su Bai sorted out the litigation materials with a smile and glanced at the defendant.
There are as many as five defendants on the defence side, according to the subjectivity he just mentioned.
About the verdict of these people.... There is a general analysis.
.
….
On the side, Li Xuezhen whispered: "Lawyer Su.... I think all five of them should be sentenced a little more heavily. ”
"I remember that there was a case before, similar to this one, where the person who was the main offender was sentenced to death...."
"Will there be a death penalty in this case?"
"Ahem...."
You're going to be the living king of Hades, aren't you?
Regarding the case that Li Xuezhen said, Su Bai had a certain impression.
That case is very different from this one.
If the case wants to be sentenced to death.
The premise is that Fang Tang personally participated in the beating of Lin Dong and caused the death of the victim before he can be sentenced to death.
Like this case .... There is no objection to the determination of negligence causing death.
But!
The court may not be able to determine the intentionality.
Because the court considers from multiple angles, and also needs to take into account other objective factors....
"No, that case is not the same as the one involved in this case."
Su Bai spoke.
"Oh."
Li Xuezhen nodded and didn't say anything more.
On the other hand, Xu Feng and others in the defendant's seat had calm expressions, waiting for the verdict to be announced.
Corresponding to it were Fang Tang and Dong Bing, their faces full of anxiety.
Fear that the court will sentence them too harshly ....
They also realized that there was little room for rebuttal between the two of them in this trial.
Unconsciously looked at his entrusted lawyer Zhang Tao.
Zhang Tao noticed the gazes of the two people, turned his head slightly, and didn't say anything.
Originally, he had reminded the two of them that it was best to defend the sentence reduction, but his client did not agree, and there was nothing he could do.
.
….
Discussion room of the collegial panel.
Wang Lei looked at the other two collegial panel members, Xie Hongwei and Li Xia.
Xie Hongwei and Li Xia have a deeper understanding of criminal matters.
The main research is on intentional crimes and negligent crimes.
Wang Lei looked at the two of them with a smile and said, "How should this case be judged?" ”
"Xu Feng and others have no opinions on the verdict, what I said is mainly for the defendants Fang Tang and Dong Bing."
Li Xia has studied negligence crimes in depth, and in the face of Wang Lei's inquiry, she spoke directly:
"I don't think there's anything wrong with convicting a crime of negligence in this process."
"The defendants, Fang Tang and Dong Bing, meet all the conditions for a crime of negligence, and I think the crime of negligence should be judged."
"Crimes of negligence? I think it should be defined as deliberate, let's not talk about anything else, let's just say why the announcement said that Lin Dong had a sudden heart attack. ”
"Fang Tang and Dong Bing can't explain this, and according to Xu Feng's confession, it has been explained that Fang Tang took the initiative to give false testimony."
"Based on this situation....it is difficult to judge Fang Tang's subjectivity, it is not intentional."
Xie Hongwei tends to be subjective and intentional.
But at this time, Li Xia once again expressed her opinion:
"But have you ever thought about the question....the expression of subjectivity is for a particular scenario in the situation at that time."
"Subsequently, Fang Tang submitted false testimony and collusion with Xu Feng and others, and there was also an announcement that Lin Dong died of sudden heart disease."
"This was all later, according to the situation at the time, Fang Tang threw a wooden stick because Lin Dong was very angry, and let them continue to fight."
"He didn't foresee that Xu Feng and the others might pose a threat of death to Lin Dong at that time, right?"
After Li Xia stated this point, Xie Hongwei immediately refuted it, and only asked two sentences:
"Why did he throw sticks, why did he let them continue to fight? Xu Feng and the others were on the scene at that time, and they didn't think about beating Lin Dong to death, but why did they have to judge that Xu Feng and the others were intentionally harming? ”
"In this case, Fang Tang and others are intentional, this is a fact that cannot be refuted!"
Xie Hongwei couldn't help but retort to Xu Xia.
Xu Xia didn't continue to speak, but looked at Wang Lei.
Wang Lei shook his head with a smile.
"I've heard the opinions of both of you, and for the time being, you both have your own opinions, right?"
Li Xia and Xie Hongwei did not speak.
In fact, there is no problem with the statements of the two people, but the angle of the entry point is different.
Faced with this situation, Wang Lei smiled and put forward his own opinion:
"I agree with Xie Hongwei's point of view."
"Mainly based on one condition - do you remember what Xu Feng said in his confession?"
"Xu Feng's confession said that when Fang Tang was throwing wooden sticks, let them fight well and resolve the contradictions."
"This represents Fang Tang's subjective will, which can foresee that several people will have contradictions."
"From this, combined with other objective factors, it can be determined that there is intentionality."
"Li Xia, can you understand?"
Hearing Wang Lei's words, Li Xia nodded silently: "Understood...."
"It's just.... It is also possible to determine negligence in this case. ”
"Of course, negligence can be determined, but there is no problem in determining intent."
In the face of Wang Lei's re-opening, Li Xia was silent and did not say anything more, agreeing with Wang Lei's point of view.
.
….
Meanwhile.
During the discussion of the collegial panel, in a community in Xiushui District.
Li Xiong and a man sat opposite each other and watched the live broadcast of the trial.
Li Xiong sighed deeply: "Look at this trial, now the Internet is full of accusations against us, saying that we released false announcements and wanted to help Xu Feng and others escape the crime." ”
"What the other party Tang and Dong Bing committed at the beginning, I said that we can't be responsible, we can't be responsible, you see that there is such a big trouble now, what should we do?"
The man opposite also had a headache, and rubbed his eyebrows vigorously: "What else can I do now?" ”
"You can only take one step at a time, and at most you will be punished by one at most."
"You can still send the two of us in, what?"
Li Xiong spoke: "What about the surveillance video?" Destroying surveillance footage is equivalent to destroying evidence! ”
"The surveillance video was destroyed by Fang Tang and Dong Bing, but we didn't do it."
Li Xiong shook his hand: "Okay, okay, but when it comes to the supervision and review, we can all say what we should say, don't carry a big punishment and send yourself in!" ”
"Know! Rest assured! ”
Hearing this, Li Xiong was a little relieved, but he was still a little nervous in his heart.
After all....
Now the focus of public opinion is why they want to release that Lin Dong died of a heart attack.
If the supervision and review department conducts an investigation in accordance with this, it will be held accountable.
So....
They can't run!
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(End of chapter)