Bench on the judging table.

Yu Yue summarized Su Bai and Jiang Min's respective statements.

Let's be specific –

He is subjectively biased towards Su Bai.

The subjective bias is not only due to the defendant's conduct, but also to the statements of the defendant's lawyer.

and the issue of the determination of the charges in this case.

The prosecution drafted an indictment early in the morning and found guilty of attempted coercion.

Of course....

According to the relevant laws and regulations, Jiang Min has the right to challenge at the trial.

However, according to the specific circumstances of this case, the attempt to coerce is more appropriate for the crime in this case.

Forcible indecency is not consistent with the circumstances of this case.

Thinking of this, Yu Yue rang the gavel:

"The collegial panel has heard the pleas of both sides."

"As for the lawyer retained by the defendant, the defendant Mascu is a forcible indecency, not an attempt to coercion."

"Based on Mascu's actions against Lin Wenhui in the course of the crime in this case.

In objective fact, it already belongs to the implementation of coercion.

In the subjective fact, there is a willingness to have a relationship, and it is due to external factors that cause the abort. ”

"That is, the judgment rejects the defendant's request to retain a lawyer!"

"There shall be no objections!"

Jiang Min, who was in the defendant's lawyer's seat, heard the presiding judge's statement, and his heart sank.

Sigh secretly.

In any case, if this judgment is dismissed, then it is necessary to defend the defendant by attempted coercion.

However, now that the facts of the crime are clear, it is impossible to dismiss it through this point, and it can only be from the perspective of commutation.

Let's be honest..

This case has gone on so far, and in Jiang Min's opinion, it has become very difficult!.

….

On the other hand, Su Bai did not have any objection to the judge's decision.

Forced indecency itself does not meet the necessary conditions for this trial.

It is now dismissed and is normal.

But then again, if Jiang Min's charges are dismissed, then the rest is much simpler!

It is only necessary to make relevant determinations on the sentence.

Then this case is over.

Bench on the judging table.

The presiding judge rang the gavel: "The facts of the crime in this case are clear. ”

"The defendant has no objection to the facts of the defendant's crime, right?"

Faced with the inquiry, Jiang Min shook his head.

The facts of the crime were certified by the prosecution and law enforcement, and the chain of evidence was sufficient.

He initially chose to dismiss the prosecution's application on charges.

It is because in terms of evidence, there is no lack of evidence and so on.

Now the presiding judge presents the facts of the crime, for this point ....

There is certainly no objection.

accompanied by Jiang Min's words: "There is no objection." ”

The presiding judge continued: "In this case, the lawyer entrusted by the defense has no objection to the facts of the crime. ”

"So are there any questions about the sentence recommended by the prosecution?"

"This one has...."

"Please explain what doubts you have about the sentence in accordance with the law."

Jiang Min took a deep breath and said, "Presiding Judge...."

"We think this sentence is too heavy..."

"First, in this case, we attempted to commit a crime, and secondly, we committed the crime while intoxicated."

"In terms of the state of the crime, we did not use too much violence in the process of committing the crime."

"In other words, the violence did not cause much harm to the victim Lin Wenhui."

"Again."

"The identity of our client, after all, is a foreigner, and he may not understand the laws of the country, or he may be in a state of ignorance."

"Based on the above conditions, we believe that the defendant should be given a lenient sentence."

"Especially in the case of an attempt, an appropriate reduction of sentence should be considered."

.

…

Jiang Min stated several simple conditions necessary for commutation.

The most important of these necessary conditions is that the violence did not cause much harm to Lin Wenhui.

and the identity of the foreign nationals of the parties.

In fact, what Jiang Min wants to express most is the impact of the status of foreigners on the verdict.

This is because in the actual sentence, there may be a reduction of the sentence for the status of a foreigner.

But....

The trial of foreign nationals under domestic criminal law is a normal trial in accordance with the requirements of the law....

Therefore, this matter cannot be directly stated in the court trial.

It can only be stated that the presiding judge should consider the nationality of the defendant and discuss the sentence of the defendant's sentence.

In the presiding judge's seat, Yu Yue turned his head to look at the prosecutor and the prosecution after listening to Jiang Min's statement:

"For the opinion of the lawyer entrusted by the defense to express dissatisfaction with the sentence."

"Is there anything the prosecution and the prosecution have anything to say?"

Wang Xiong, as a prosecutor, responded: "For the defendant's statement. ”

"We don't agree...."

"We disagree with us because we don't think there is any problem with the recommendation of the sentence."

"Comply with the requirements of domestic law for determination."

At the end of the prosecutor's response, Su Bai raised his hand again:

"Presiding judge, we also do not agree to the defendant's request for a reduction or reduction of the sentence."

"Because the defendant put forward the view of commutation of the sentence, the main reason is that it did not cause much harm to the victim and the defendant is a foreigner."

"But in fact, the defendant caused serious harm and mental damage to us and other female students in the school."

"This kind of thing happened to a girl who has not yet left school, and the mental damage to her is very huge, and the discussion of her in society also has a serious bad impact."

"It is not difficult to see from the opinions on the Internet about this matter how big the impact is."

"Again.... I don't know if the defendant wants to say that the defendant, as a foreigner, can get a reduced sentence in China. ”

"However, both China's laws and foreign laws have relevant provisions, and there is no discrimination against foreign personnel who commit crimes in China."

"There is no legal basis to suggest that aliens enjoy special immunity for crimes committed within the country."

"It's not allowed by law."

"Based on the above, we do not agree with the defendant's view."

.

….

The three parties to the trial, the defendant requested a commutation of the sentence, which was clearly rejected by the prosecutor and the prosecution, and the relevant reasons were elaborated.

On the bench of the court, the presiding judge, Yu Yue, knew very well in his heart that the trial had entered a scorching scene.

So he struck the hammer:

"Adjournment!"

.

….

The case has entered the corresponding closing stage.

All parties present at the trial also understood that this time the trial was adjourned.

The most critical and important thing is to negotiate the judgment of the defendant as a foreign national.

During the adjournment.

Su Bai exhaled lightly.

To be honest, this case only involved the school and the defendant's status as a foreign student.

The first is the protection of the school, and the second is that Mascu is not a domestic nationality.

In the trial, there were not many issues that Jiang Min could argue.

Whether it is forcible indecency is the most critical question raised by Jiang Min.

However, the application was rejected.

The rest of the questions are much simpler.

For commutation ....

Su Bai's opinion is simple.

Commutation?

Asking for a certain reduction in sentence?

Come up with a legal basis!

An ordinary foreign student who commits a crime in China shall be investigated for the criminal responsibility of the foreigner in accordance with Article 17 of the Criminal Procedure.

Except in the case of diplomatic privileges and immunities, the rest are prosecuted in accordance with the relevant criminal responsibility.

There is no legal provision for criminal relief for foreign students.

So.... The trial should be governed by the provisions of domestic criminal law.

In this way....

There are far fewer points of concern and discussion in this trial....

.

….

The other side.

During the adjournment, Jiang Min came to the defendant Mascu and gave a general description of the current trial.

Mascu's eyes widened, and his mouth kept saying no, no, no.

Even held back in a hurry, and stumbled a few words of Chinese.

"No, you can...."

"They can't judge me, I didn't do anything...."

"I need to contact the embassy and the school to ask for a stay of the trial."

Jiang Min listened to Mascu's words and didn't say much, after all, he was just a lawyer.

It is not responsible for other matters.

.

….

Meanwhile.

Discussion room of the collegial panel.

Yu Yue and two other members of the collegial panel discussed the issue of the sentence for the criminal sentence in this case.

There is no doubt in this case that the facts of the crime and the proof of the crime have been established.

All it takes is to discuss the sentencing aspect.

Yu Yue picked up the water soaked in wolfberries and opened his mouth while twisting the cap:

"This trial involves foreign students."

"As for the defense proposal, I think the prosecution's recommendation for an extension is too high."

"What do you guys think?"

Yu Yue looked at his left hand side.

Lao Liang on the left-hand side has some experience in criminal matters and the judgment of foreigners who have violated the law.

When he asked this question, he was also asking Lao Liang's opinion.

Lao Liang noticed that Yu Yue turned his gaze to himself, and replied:

"In the actual judgment, the foreigner factor is generally taken into account, and the sentence will indeed be reduced or reduced."

"But..."

"I don't have a different opinion on this case."

"What's different?"

Yu Yue asked.

"First of all, the issue in this case is influence."

"This case has such a big impact, and it also involves international students who molested and coerced other girls in the school many times."

"Let's not discuss the responsibility of the school first, let's just talk about why foreigners are so arrogant to study in China."

"What is the main reason?"

"The main reason is that other universities in China have adopted a state of tolerance and indulgence towards international students."

"Just like this case, based on what I know, and my communication with the prosecutor, the defendant Mascu has done similar things many times in the school."

"The school has been pressing, and the students are afraid to file a case."

"Foreign students in China have repeatedly relied on their right to study abroad and violated the law."

"If we give a light sentence, will it make others think that they are also treated differently in the law? Discriminating against your own people? ”

"According to the current trend of public opinion, I think it is very likely, and I do not agree with a lenient sentence from a personal subjective point of view."

"That's what I think."

After listening to Lao Liang's suggestion, Yu Yue turned his head to look at Lao Xiao on the side.

"Old Xiao, what do you think?"

Lao Xiao's expression was serious: "To be honest.... Judge oneself to be heavy, and judge outsiders lightly. ”

"I've always disagreed with this bullshit!"

"I think three years in prison is too light.... Do you want to think about going up a little further? ”

Yu Yue: .....

Lao Liang: .....

Lao Xiao, this is even more radical than the radicals!

.

….

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(End of chapter)