Su Bai knew what the presiding judge meant by the inquiry....

Meaning, if Fang Rufeng didn't want to kill someone, why did he search for the punishment after killing?

There is no problem with this question from the above reasoning.

But what is the problem?

The problem is that this question should not be asked by the presiding judge at trial.

Because the court needs to make a judgment based on evidence.

Especially in criminal matters .... In accordance with the relevant provisions of the Code of Criminal Procedure.

If there is no relevant evidence and a complete chain of evidence to make a judgment, it is not in line with the relevant litigation process.

Lin Fengru's inquiry just now broke this point.

Although it is said that it can be determined through the rational aspect, the admission of evidence and legal opinions.

But here you are, if you are not prepared to commit a crime, then why search?

Doesn't that mean that if you go searching, you are preparing to commit a crime?

!

Besides, why did Fang Rufeng search for this question?

The main reason is that this thought flashed through my mind because of the humiliation.

However, there is no objective act of preparatory for the commission of the crime as described in the preceding sentence.

Su Bai didn't understand the presiding judge's question, but he was also aware of the presiding judge's tendencies.

However, at present, this inquiry is directed at Fang Rufeng.

Facing the presiding judge's question, Fang Rufeng was a little nervous, but he still spoke:

"The purpose of my search was because I was angry."

"I work outside, but Xie Tingting cheats at home, which is something that a man can't stand anymore!"

"Who wouldn't be angry about this kind of thing?"

"So I was thinking, Xie Tingting is cheating at home, and it's in the new house we bought less than a year ago."

"What should I do? I was really miserable, and even a man couldn't accept this outcome! ”

"Then I searched on the Internet, what should I do if my wife cheats, and if I kill my wife and mistress, will I be sentenced to death..."

At this time, Lin Fengru continued to ask:

"What should I do if I search for my wife cheating on the Internet, it's out of your rational considerations."

"But why did you search and kill your wife and mistress, will you be sentenced to death?"

"In this process, did you ever think about killing Xie Tingting and the cheating person out of hatred for them?"

Fang Rufeng glanced in Su Bai's direction and nodded:

"Well, I did have the idea of killing them."

"If something like this happens, who wouldn't think about it except for a saint?"

"It's that no one can stand this."

"I think it's very normal for me to have this kind of thought."

"But the idea was only when I was angry at the time, so I searched the Internet."

"When I calmed down and thought about my parents when I looked back, I lost that thought."

"Because my parents are just one of my children, if I am executed for murder."

"My parents have no one to take care of, and with that in mind, I don't have any ideas in the future."

"You said you didn't have this kind of thought later, so when did this situation not happen?"

"Is it after Xie Tingting calls the police, or before Xie Tingting calls the police?"

Fang Rufeng was entangled: "This.... It's before calling the police. ”

"Before calling the police? This is not right, your search time record does not match Xie Tingting's police record. ”

"Obviously not having this idea after calling the police, why are you lying about this question?"

Faced with Fang Rufeng's answer, Lin Fengru opened her mouth to question.

Facing Lin Fengru's questioning, Fang Rufeng didn't know what to do.

At this time, Su Bai raised his hand and signaled: "Presiding judge, I have something to say about this." ”

Lin Rufeng turned his head: "What does the lawyer entrusted by the above-mentioned party have to state?" ”

"Is there any point in asking my client before or after Xie Tingting called the police?"

"Besides, how can my client know if it's before or after the police!"

"At that time, Xie Tingting had already left home and was not by Fang Rufeng's side, and Fang Rufeng certainly didn't know when Xie Tingting would call the police."

So he couldn't answer that question at all! The answer can only be answered by a general one. ”

"My client is not lying, but the presiding judge, your question is obviously logically wrong."

"I would like to ask the presiding judge not to continue to ask questions, this kind of logical error should not happen in the trial."

"If I continue to ask and a similar situation occurs, then I will question the professionalism of the presiding judge of this trial!"

Su Bai directly interrupted Lin Fengru's inquiry.

According to the presiding judge's current tendencies and inquiries, he completely wanted to guide Fang Rufeng's confession.

This is for this thing.... Interruptions must be made.

When Su Bai suddenly interrupted the questioning, Lin Fengru's face only flashed with a hint of displeasure, but he didn't continue to ask.

Instead, he was silent, briefly sorting out the inquiry he had just asked.

Her questioning just now only confirms one point, that is, the preparatory act for the crime was objectively carried out.

Before and after the report was called, it was indicated that the failure to proceed with the commission of the crime under Article 4 was due to factors other than the will of the perpetrator.

This is also the main reason why she has been asking questions just now.

It's just that the question was a little quick, and he didn't take into account the statement that Su Bai put forward just now.

After about a minute, Lin Fengru continued to speak:

"According to Fang Rufeng's answer to the question just now."

"It has been shown that Fang Rufeng does have criminal intent, and the appellant has no objection to this, right?"

Su Bai: "We don't have any objections. ”

"Okay."

"So now it is for Fang Rufeng to determine whether he objectively carried out the act of preparing for the crime."

Faced with the presiding judge's opening, all parties in the courtroom fell into deep thought.

Guess how it will be decided.

Because of what?

Because this is as long as it is judged.

Then there is already a result on whether Fang Rufeng's behavior is a criminal act.

Xu Xia looked at the seat on the trial bench for the verdict this time.

Xu Xia was not too nervous in her heart.

Why?

Because she is also a woman, she was able to learn from the presiding judge's approach.

It can be seen that the presiding judge found that Fang Rufeng's behavior was prepared for a crime.

As Xu Xia imagined, Lin Fengru began to announce the verdict:

"Whether the other party Rufeng objectively carried out the act of preparing for the crime."

The Full Court made the following determination:

"Fang Rufeng had a quarrel with Xie Tingting after learning that Xie Tingting was cheating."

"From the above, it can be seen that there is obviously a crack in the relationship between the two."

"And Fang Rufeng expressed strong dissatisfaction with Xie Tingting and threatened to kill Xie Tingting."

In this case, Xie Tingting left the new home of the two.

"Later, Fang Rufeng searched for whether the murderer would be sentenced to death that night, showing a subjective willingness to kill and intent to kill."

"Combined with the reality of the situation - Fang Rufeng was cuckolded, it is easy to have radical emotions and cause serious adverse social impacts."

"Based on the above, the adjudicator Rufeng carried out the preparatory action for the crime in objective facts."

"Do the parties have any objections to the above determination?"

？？？

Are there any objections?

Decide?!

Judge a hammer!

Su Bai had stated it many times just now.

Objective facts of preparatory acts for a crime refer to the commission of certain acts.

What to do if you search for cheating, and whether you will be sentenced to death if you kill someone, is the psychological subjectivity of the crime.

To put it bluntly, Fang Rufeng wants to kill, he wants to kill!

But this is a subjective act, not an objective act!

Subjectivity is the main idea, and objectivity is the objective fact.

Fang Rufeng's search means that he is doing this?

Not really!

What is the presiding judge sentencing? A few blind judgments, huh?!

Su Bai immediately raised his hand and signaled: "Presiding judge, we don't agree with this judgment!" ”

Lin Fengru: "Give your reasons." ”

"Our reason is very simple, that is, I believe that the presiding judge's judgment does not conform to the interpretation of the provisions of the law."

Lin Fengru frowned: "Can the appellant's lawyer describe in detail why the interpretation of the provisions that does not conform to the law?" ”

Su Bai: "In the defense just now, we have repeatedly mentioned that we have objectively carried out preparatory acts for crimes. ”

"It means that the corresponding action has been carried out."

"The evidence provided by the prosecution can only prove that we have this subjective awareness, and there are no objective factual conditions."

"Without objective factual conditions, it is impossible to determine the preparation for a crime, and it does not constitute the four basic conditions for preparation for a crime."

"Based on the above, we do not believe that the judge's judgment is reasonable."

"Therefore, we apply to the presiding judge to be able to revoke our judgment."

At this time, Lin Fengru just listened briefly, nodded, and asked:

"I can understand the appellant's statement, and the appellant's view is that it is that -

"In this case, Fang Rufeng did not prepare for intentional homicide from objective conditions."

"Right?"

Su Bai: "That's right, presiding judge." ”

Lin Fengru continued to speak: "But did the appellant consider this issue from another angle? ”

"According to Xie Tingting's alarm time, due to the quick response."

"So before Fang Rufeng could go and prepare objectively, he was already stopped."

"From this point of view, it was due to the factors that Xie Tingting called the police that caused Fang Rufeng to not have time to carry out the preparatory act for the crime."

"That's why it's the result."

"Then back to the original point, is it possible for Fang Rufeng to continue to search how to kill Xie Tingting?"

"Is it possible to commit a preparatory act for a crime?"

"For Fang Rufeng, Xie Tingting cheated, then she is a very hateful person."

"Under certain circumstances, he showed that he wanted to kill Xie Tingting and cheat on the other party."

"In this case, he was ready, but before he could prepare, he was already charged."

"So... There is no problem in making a judgment from this point. ”

"On this basis, the appellant's claim is dismissed."

？？？

This logical thinking.... Su Bai didn't know what to say for a while.

Void Quest Enemy, huh?

Is this how correlation is determined?

Lin Fengru's expression just now has only one point of view -

In this case, Fang Rufeng did not objectively carry out preparatory actions for the crime.

Mainly because Xie Tingting called the police in time, so that Fang Rufeng did not have time to prepare for the crime preparation.

On the other side, Fang Rufeng told Xie Tingting that he wanted to kill her, and searched the website for whether killing the two would be sentenced to death.

It shows that Fang Rufeng has the subjective will and subjective intention to kill.

It's just that it was terminated before it started.

In this case, the criminal preparation should also be sentenced.

This is the logic of the presiding judge.

Su Bai can only say a word of bullshit logic!

This logic is only judged from the perspective of the presiding judge and from the relevant situational substitution.

But in reality?

In fact, if it is not judged according to evidence, to be honest, Su Baizi has seen it from unjust, false and wrongful cases.

In addition, I have seen it from some arbitrary judgments, and this case is the first time I have seen it.

Because of what?

This is because in the past, in arbitrary judgments, there were often cases where the presiding judge made hard judgments.

But in this trial, the presiding judge gave you a chance to explain.

Okay, when you're done explaining, the presiding judge will explain it to you according to his own logic.

Let you explain it and then explain the logic to you.

？？？

Su Bai didn't understand this kind of behavior very well, but this judgment definitely needs to be dismissed.

After all, according to Lin Fengru's logic, this is completely using void evidence to convict Fang Rufeng!

Can it be sentenced?

Surely it can't be judged!

This is already a retrial case, and if it is resentenced, it can only be decided by the Supreme People's Procuratorate to designate the case.

When the time comes, the time is wasted, and the divorce may be a major damage to the client.

Su Bai immediately raised his hand and signaled: "Presiding judge, I protest!" ”

"We do not agree to dismiss our opinion!"

"What we want is only evidence for judgment, not legal reason!"

"In criminal judgments, in accordance with article 55 of the Code of Criminal Procedure, the judgment is based on the legal condition that the evidence is credible and sufficient."

"Without objective factual evidence, the defendant cannot be found guilty and punished."

"Is there any evidence for the presiding judge's statement just now?"

"The judgment and rejection of the presiding judge are only based on the jurisprudence that the presiding judge thinks!"

"But what about the actual evidence?"

"The actual evidence is what the presiding judge imagined in the follow-up, and Fang Rufeng will have an objective preparatory act for the crime, right?"

"Even if it is Fang Rufeng, there will be objective and factual criminal preparations in the future."

"But so what?"

"If there is no evidence, there is no way to make a judgment!"

"If the presiding judge does this, then there may not be a few people who will not be found guilty."

"The presiding judge has the power to adjudicate in court hearings, but he does not have the right to interpret the law in law."

"We hope that the presiding judge will be able to make a judgment on the relevance of the case based on facts and evidence.

It is not based on legal scenarios and other possibilities.

In criminal proceedings, relevant evidence shall be followed. ”

"The above is our protest!"

.

….

After protesting, Su Bai looked up at Lin Fengru, who was frowning.

.

….

PS: Ask for a monthly pass~

(End of chapter)