Trial.

Su Bai and Li Xuezhen were brought into the trial by the relevant staff.

All parties are seated.

For Fang Rufeng's case.

All parties in the court have their own preparations for the outcome of this case.

On the bench, Lin Fengru, as the presiding judge, looked at the appellant's seat.

Then he retracted his gaze, and a flat voice sounded in the courtroom:

"The above-mentioned person, Fang Rufeng, held that the judgment of the court of first instance was erroneous, and appealed on this basis."

"This case is handled by the Shadu Intermediate People's Court of our court, which is responsible for hearing the retrial application filed by Fang Rufeng."

"The prosecution's indictment against Rufeng is a preparation for the crime of intentional homicide."

"The appellant is now requested to state the above reasons and relevant factual evidence."

"Okay presiding judge."

Su Bai nodded and began to state the appeal request as the appellant's lawyer:

"Our above opinion is that we do not agree with the judgment of the first instance judgment on our party."

"Here's why:"

"Preparation for a crime shall be based on Article 22 of the Criminal Law for the preparation of tools for the purpose of committing a crime, and if conditions are created, it is a preparation for a crime."

"Moreover, according to the understanding and application of the provisions of the Criminal Law, four conditions must be met for the preparation of a crime:

One: Subjectively for the purpose of committing a crime.

2. Objectively committing preparatory acts for the crime.

Three: In fact, no crime has been initiated.

Fourth, the failure to proceed with the commission of the crime was caused by reasons other than the will of the perpetrator. ”

"The application of criminal preparation must be based on the above four conditions."

"Presiding Judge, let me first state the facts of the situation here."

"The fact of the situation at that time was that our client found out that Xie Tingting was cheating on her as a wife, and under the factor of anger, she said that she wanted to kill Xie Tingting."

"In this case, our party did not objectively prepare the perpetrator for the crime."

"In addition, our party had a big quarrel with Xie Tingting, and Xie Tingting returned to her parents' home."

"After that, the police were reported to the police, and in the process, we did not do anything else."

"There is no preparation of the facts or conditions for the creation of the crime, i.e., it does not constitute a necessary condition for preparation for the commission of the crime."

"Based on the above, we believe that the first-instance judgment should be revoked and our verdict should be changed to not guilty."

"The presiding judge is our above-mentioned request."

Su Bai made a simple statement.

Immediately afterwards, on the bench of the courtroom, Lin Fengru, as the presiding judge, turned her head to look at the prosecutor and the victim's seat.

"The collegial panel has heard the above-mentioned person's application and appeal, and now asks the prosecution to make a relevant statement on the case."

"Okay presiding judge."

Prosecutor Wu Chunmei nodded and spoke.

Wu Chunmei, as the prosecutor in the first trial, continued to charge guilty in the second trial.

Of course....

This time, Su Bai did not apply for recusal, because he felt that it was completely unnecessary.

When Xu Bo was a prosecutor, the reason why Su Bai applied for recusal was that this was originally an unjust, false and wrongful case.

At that time, it can be seen in the file that Xu Bo was very extreme about the accusation.

The statements made by Wu Chunmei in the first-instance trial file were relatively objective.

The objectivity of this statement is the objectivity expressed in the law.

Wu Chunmei continued to state: "The prosecution accused Fang Rufeng and the other party Rufeng filed a public prosecution. ”

"The main reason is that the reality of the situation is taken into account, and the prosecution believes that the appellant's statement is not comprehensive."

"So here's the addition."

"Add-"

"In this case, according to the circumstances just presented by the appellant.

A statement of innocence is that there is no objective act of preparatory act for the commission of the crime. ”

"But actually, as a prosecutor, I followed the law enforcement officers to collect evidence and discover all aspects of this case at the same time."

"After Fang Rufeng learned that his wife Xie Tingting was cheating, he found many search keywords in his mobile phone."

"For example: What if my wife cheats?"

"If I kill my cheating wife, or kill the mistress and his wife, will I be sentenced to death?"

"This kind of keyword proves that Fang Rufeng has the idea of deliberately killing his wife Xie Tingting."

"And through the above two searches, it can be confirmed from the side that Fang Rufeng is objectively carrying out criminal preparations."

"Combined with the words that Fang Rufeng issued before Xie Tingting left, I will kill you."

"Based on the above, it can be considered that Fang Rufeng's behavior has met the conditions for criminal preparation."

"It does not conform to the description of the lawyer entrusted by the appellant, and there is no objective evidence that Fang Rufeng is carrying out preparatory acts for the crime."

"So the prosecution's opinion in this case is to reject the appellant's request for innocence."

"The original verdict of the first instance is upheld."

In response to this situation stated by the prosecution, Su Bai understands.

How to say that the subjectivity of intention is determined by searching for this keyword....

It's very vague.... This judgment is usually determined by the law that Fang Rufeng has the subjective intention to commit a crime.

However, if this is classified as objectively committing an act of preparatory for the commission of a crime.

It's far-fetched!

Why?

Then you need to understand first, what is the usual act of preparing for a crime?

It usually refers to mobility.

In this case, mobility refers to the preparation of knives or other tools of murder.

Of course, the search can also be used as certain evidence as a judgment condition.

But what to do if you search for your wife's cheating, or whether you will be sentenced to death if you kill someone, is not an action.

If Fang Rufeng is searching, how can I kill my wife without leaving a trace.

What kind of knife can be used to attack, you can achieve the purpose of killing people quickly.

In such a search situation, it can be determined that the preparatory act for the crime was objectively committed.

Why?

Because this kind of search is a search for how to kill people.

But what is Fang Rufeng's search?

Fang Rufeng's search is whether he will be sentenced to death after killing someone, and what to do if his wife cheats.

From this point, it can be seen that he only subjectively has this kind of aggression.

There was no objective act of preparation for the crime.

If this kind of search can be judged as objective facts.

Su Bai could only say that this may be the first case he has been exposed to many times.

One more point - logically speaking, Fang Rufeng's first search was what to do if his wife cheated.

If you do kill someone, you will not be sentenced to death.

Based on these two points, as well as the environment at the time.

Fang Rufeng is in a situation where he is angry about his wife's cheating, but he is rational.

Therefore, Su Bai did not agree with the prosecution's statement, and raised his hand to open his mouth to refute:

"We do not agree with what the prosecution has stated."

"What is searched in the search bar does not have the fact that an act of preparation for the crime was objectively committed."

"What is preparation for the commission of a crime?"

"It is clearly stipulated in the criminal law that the preparation of tools and the conditions for creation are preparations for the commission of the crime."

"First of all, Fang Rufeng did not prepare tools and manufacturing conditions, and secondly, the content of Fang Rufeng's search was not related to the preparation of tools and manufacturing conditions."

"Based on these two points, how did the content of his search objectively prepare for the commission of a criminal act?"

"Completely unreasonable and inconsistent with the terms of the interpretation of the law."

"Presiding Judge, we apply to dismiss the relevant statements of the prosecution.

"And for the prosecution's statement, it will be judged according to the content of the search, and the application for the preparation of the criminal act will be rejected objectively!"

"The above is our counter-argument."

Among the four necessary conditions for criminal preparation.

The most important thing is that it depends on whether or not the preparatory act for the crime has been objectively committed.

Whether it is Su Bai or the prosecution, they all focus on this one content.

Because judging from these four conditions, if it is determined that Fang Rufeng objectively carried out the preparatory act for the crime, then this case will be lost again.

After Su Bai finished speaking, Xu Xia, the lawyer entrusted by the injured party, raised his hand to signal.

"Presiding Judge, we completely disagree with the opinion of the lawyer entrusted by the appellant...."

Presiding Judge: "Please state the relevant contents. ”

"Presiding judge, we believe that this case should be viewed from a specific and objective scenario."

"Start with an objective scenario."

"Did Fang Rufeng express his desire to kill Xie Tingting?"

"Isn't it searching for the idea of killing Xie Tingting, what should I do?"

"These two points can be considered that Fang Rufeng does have the idea and action to kill."

"Again."

"Fang Rufeng can clearly see from the search that he is already within the scope of action."

"It's just that Xie Tingting called the police in time to file a case, which caused Fang Rufeng to not be ready for the preparatory act."

"One more point."

"The derailment is a very humiliating thing for Fang Rufeng."

"In this case, it is very common for Fang Rufeng to have a subjective intention to kill."

"And Fang Rufeng's performance is a very angry situation."

“.… It's just that he was called to the police and forcibly terminated the preparation for the crime, which is the real situation of this case. ”

"Therefore, I do not agree with the statement of the lawyer entrusted by the above-mentioned party."

"At the same time, the verdict that Fang Rufeng is guilty is also to protect the legitimate rights and interests of the woman and avoid Fang Rufeng's intentional homicide."

Su Bai: ???

There's something wrong with this statement of yours, right?

In this case, the discussion is to punish from the scenario of preparing for the crime.

However, from the perspective of the victim's entrusted lawyer, that is, Xu Xia, it is completely from Xie Tingting's point of view.

In this regard, Su Bai spoke: "According to the lawyer entrusted by the victim, I would like to ask a question. ”

"Is your explanation that Fang Rufeng had the idea of killing, but it was only suspended when he was preparing for the crime, but it also belongs to the preparation for a crime, right?"

Xu Xia was silent and did not respond.

Seeing this, Su Bai continued to speak:

"Then I'll ask again."

"If you follow your statement, you can understand this case."

"Fang Rufeng is searching, searching for whether he will be sentenced to death if he killed Xiao San and the cheating girl."

"According to the content of the search, the other party is two people, so in this case, is it equivalent to saying that Fang Rufeng made criminal preparations to kill two people?"

"So what exactly did he do in his preparations to kill these two people?"

"Will there be a death penalty after the search?"

"Just searching can't hurt Xie Tingting and her cheating man, right?"

"Then on what basis, or how is it decided?"

"It's like Lawyer Xu, I said at the trial today that Lawyer Xu, you will definitely go in the future for crimes committed on duty."

"I privately searched for how to frame others for duty-related crimes."

"In this case, does Lawyer Xu want to call the police to arrest me and frame others, causing others to be falsely accused?"

"But what did I do in the process?"

"I didn't do anything, I just simply stated and searched the Internet how to frame others for duty crimes."

"Can I be found guilty of a crime when I have done nothing?"

"I would like to ask Lawyer Xu to answer my question positively."

Faced with Su Bai's question, Xu Xia remained silent.

There is really no way to answer this question from the other party, and if you answer it, you will fall into a deeper routine.

Xu Xia knew that the verdict of this case rested with the presiding judge, not the opposing lawyer.

Just keep silent.

On the bench, Lin Fengru frowned slightly after listening to the defenses of both sides.

After repeatedly watching the verdict of the first instance, she already had a clear understanding of this case.

Merely....

Su Bai put forward this point of view, which is equivalent to saying that he does not agree that the search is an act of objectively carrying out criminal preparations.

Regarding this point, Lin Fengru asked:

"The content of the search submitted by the lawyer entrusted by the above-mentioned party is not equivalent to objectively carrying out preparatory acts for the crime."

"Then why did Fang Rufeng search for these contents?"

"Can the lawyer or the appellant give a reasonable explanation?"

？？？

For the presiding judge's question, Su Bai was stunned for a few seconds.

No, what is this TM asking?

It's not the same as that classic question—

If you don't want to kill, if you don't want to prepare, why do you want to search?

.

….

PS: Ask for a monthly pass~

(End of chapter)