What did the defendant state in Chapter 384? Audience: Go TM's!

The newlyweds were killed.

All the perpetrators in this case pleaded guilty and accepted punishment, and the facts and evidence were sufficient.

In such cases....

The main purpose of the trial is to find out the relevant information in the case and ensure that nothing is missing.

The sentence is then imposed according to the corresponding sentence.

In a case like this one, there are four defendants, and the crime is serious.

Will there be a death penalty?

The vast majority of people believed in their hearts that the four defendants were likely to be sentenced to death.

However, the process that should be followed still needs to be followed, such as ruling out the possibility of any other commutation of the sentence.

For example, there was a death row inmate who, during his sentence, suddenly did something that would have given him a huge scientific precedent.

In this case, it is a major meritorious service, and the death penalty is exempted.

Of course....

This is rare and largely unreproducible.

On the court court.

Everyone knows that this trial has entered the most critical moment, that is, the verdict of the sentence.

On the courtroom platform, Lu Penghui, who was in the presiding judge's seat, flipped over a few materials in front of him.

Spoke: "At present, the main culprit in this trial, the accomplice has been confirmed. ”

"There is no objection from all parties."

"In this case, the facts of Zhang Liang, Zhang Dali, Yu Wei, and Wang Wenyuan are clear and the evidence is conclusive."

"He pleaded guilty and accepted punishment."

"The gravity of the crimes committed by the accused is now determined."

"In accordance with relevant laws and regulations, the severity of the crimes committed by defendants Zhang Liang, Zhang Dali, Yu Wei, Wang Wenyuan, and others is extremely heinous."

"Regarding the above, do the four defendants, including Zhang Liang, Zhang Dali, Yu Wei, and Wang Wenyuan, have any other contents to state?"

The question is whether there are any factors that would like to reduce the penalty.

In response to the presiding judge's question, each of the defendant's lawyers made relevant statements.

The lawyers entrusted by Zhang Liang, Zhang Dali, and Yu Wei were originally legal aid lawyers.

Most of the legal aid lawyers make relevant determinations based on objective facts.

Therefore, when the presiding judge raised the issue that the severity of the crime committed was abnormally heinous.

The legal aid lawyer only made a statement based on the basic facts and did not deny it.

And in the case of Zhang Liang, Zhang Dali and Yu Wei, there are no circumstances that can reduce the sentence.

There is no doubt about the fact that all three were involved in the crime.

However, Zhang Liang's legal aid lawyer did point out that Zhang Liang had just turned 18 years old and had not been around for a few months.

This point is to be raised so that the presiding judge may consider the sentence against him.

After the legal aid lawyers of Zhang Liang, Zhang Dali and Yu Wei finished their statements.

Wu Zhencai slowly put forward his own views.

There are three main points.

First, I just turned 18 years old.

Second, there is a plot of voluntary surrender.

Third, it is to reduce the degree of crime committed by the defendant in this case to ensure that Wang Wenyuan can be sentenced to a suspended death.

"Presiding Judge."

"In the judgment at the trial, Wang Wenyuan was determined to be the main criminal in this case."

"I don't have any objection to that, but I want to make a point of view."

"That is, in this trial, Wang Wenyuan, although as the main member of the team."

"But he didn't put forward the idea of committing a crime, maybe when Zhang Dali brought it up, he acquiesced to a certain extent, but he didn't have this concept at the beginning."

"And then there's."

"Wang Wenyuan has just turned 18 years old, and he only has three months to go."

"Just reached the age of imprisonment."

"Maybe they are minors in some concepts, and they don't have much reverence for the law and not too much reverence for life."

"There is an idiom that says very well, the ignorant are fearless, because they do not know, so they are fearless."

"Wang Wenyuan: This is a serious lack of legal awareness."

"So this tragedy happened, for this, our client Wang He also has a great apology to the victim's family."

"The families of the victims who have been found many times want to give some compensation."

"But they were all rejected...."

"Again."

"According to the evidence provided by the law enforcement side and the prosecution, it can be seen that Wang Wenyuan has voluntarily surrendered."

"In accordance with the provisions of domestic criminal law laws and regulations, those who voluntarily turn themselves in after committing a crime and truthfully confess their crimes shall have their corresponding punishment commuted."

"Judging from the above, we believe that Wang Wenyuan should be commuted from the criminal law."

"And I have another opinion on this case."

On the trial bench, the presiding judge, Lu Penghui, spoke: "What do you think about the lawyer entrusted by the defendant?" ”

"We believe that the circumstances of the crime involved in this case are indeed particularly serious,"

"The punishment of the crime in question has reached the level of imposing the death penalty."

"I don't think there's anything wrong with that."

"But the presiding judge, the four defendants, are all 18 to 20 years old and have just reached adulthood."

"From this point of view, they all committed crimes at a relatively young age."

"And in this case, according to the confessions of the four people, it was unanimously pointed out that it was Yang Fan who fought back strongly after being controlled, which led to the final result."

"And in this case, according to the statements of the four people, Zhang Dali had the idea of killing because Yang Fan told them that he would be sentenced to a heavy sentence for doing so."

"From this point of view, Yang Fan may still have a certain responsibility for causing the emotions of criminals."

"Therefore, based on the above, we believe that although the crimes committed by the four defendants are extremely serious."

"But considering many aspects, the penalty should still be lenient."

“.….”

When Wu Zhen made a statement and stated that the victim may still have a certain responsibility for emotional guidance, many people scolded directly in the live broadcast room of the legal commentary!

"! What kind of livestock is this? Can you say something like that? ”

"What does it mean that Yang Fan provoked the other party and broke free from the other party's shackles, and Yang Fan also has a certain emotional responsibility?!"

"Is the victim guilty? So from this point of view, the victim should be bullied, not resisted, and shouldn't say anything else, right? ”

"TMD Cattle!"

"I can understand the statement of the lawyer entrusted by the defense, isn't it just to reduce the criminal responsibility of the defendant?"

"Do you need to throw dirty water on the victim's body? Do you need it? ”

"This kind of statement is a proper disgusting person here!"

"Can you sentence this entrusted lawyer to death as well! When he said that, I was almost angry! ”

“.….”

The live broadcast room was full of insults against the defendant's lawyer without a license.

Even in the court trial, Yang Tiejun couldn't control his emotions and scolded the lawyer entrusted by the defense.

"What do you mean?"

"What is Yang Fan's responsibility, what is Yang Fan's responsibility?"

"It was the four murderers who rushed into my son's house and controlled my son, and my son wanted to resist, is this wrong?"

"What's wrong with him?"

"Is he unable to resist and can only watch my daughter-in-law being bullied by others?!"

Regarding Yang Tiejun's angry scolding, Wu Zhen's performance was very calm:

"I understand the feelings of the victims' families."

"Maybe the victim's family didn't understand what I just said."

"What I just stated is that there is a certain amount of responsibility in terms of emotions, does it mean that he is responsible in the process of this victimization?"

"Phew! You fart! ”

Yang Tiejun snorted at Wu Zhen, and wanted to continue to say something.

However, he was interrupted by the presiding judge on the judgment bench striking the hammer:

"Ask the victim's family to control their emotions, this is in the middle of a trial."

"If there is any problem, you can state it when the court asks for a statement, or you can ask the attorney to make a statement in lieu of it."

"Please don't vent at trial!"

Facing the presiding judge's reminder, Yang Tiejun sat down angrily.

But the mood is obviously still very angry.

Su Bai looked at Yang Tiejun so angry, and motioned to Li Xuezhen to appease him.

Then he looked up at Wu Zhen.

At this time, the presiding judge began to ask the opinions of the prosecution and the lawyer entrusted by the victim about Wu Zhen's statement just now.

"Do the prosecutor and the victim have any thoughts on the statement of the lawyer entrusted by the defendant just now?"

Li Xiong looked up at the defendant's lawyer's seat:

"We believe that the statements of the lawyer entrusted by the defendant have no legal basis and no meaning at all."

"Especially when it comes to just turning 18."

"And then there's the question of subjectivity as a subject."

"Why should domestic criminal law make 18 years old a person with full criminal responsibility?"

"That's because in the legal sense, 18 years old can already bear the corresponding legal responsibility."

"Even if you are only 18 years old, just one day, just one hour, just one minute, one second!"

"That is also legally recognized as an independent criminal responsibility!"

"This point, whether it is Zhang Liang's legal aid lawyer or Wang Wenyuan's entrusted lawyer's statement, is meaningless!"

"Because if the trial is judged according to this point, then if a minor under the age of 18 is a minor, there is no meaning!"

"So it's completely okay not to take it and not to listen to it."

"There is also the subjectivity of Wang Wenyuan, which was stated by the lawyer entrusted by the defense."

"Wang Wenyuan's subjectivity, no matter what you say, he killed people and committed crimes, these are objective facts, and they are intentional!"

"Again."

"According to the entrustment of the defendant Wang Wenyuan, the lawyer's statement of voluntary surrender can reduce the sentence, which I agree with."

"But the circumstances involved in this case are particularly bad, and I don't think even a voluntary surrender is far from a mitigated sentence."

"The prosecution still believes that the four defendants should be sentenced to death in this case!"

Li Xiong's statement was based on basic objective facts.

There is basically no big problem with what is stated, and these points are more in line with Su Bai's views and opinions.

But in Su Bai's opinion, what is the most important point in this case?

The most important point is Wu Zhen's final statement!

What does Wu Zhen's final statement want to illustrate?

He deliberately came to belittle Yang Fan's purpose as a victim.

I just want to make the crime of this case less common in other ways!

So that there is a plot of voluntary surrender to judge Wang Wenyuan, and the punishment will be reduced again.

However, in this regard, is it not appropriate to state that the victim has a certain degree of responsibility?

Faced with the presiding judge's question if he had any ideas, Su Bai spoke directly:

"Presiding Judge."

"As for the content of the defendant's statement just now, we think that all of them are very unreasonable."

"As for the two points of view of being an adult and surrendering themselves, the prosecutor has already stated them, so I will not go into them too much here."

"I would like to state only one last point about what the defense attorney has stated."

"I don't understand that."

"That is what the defendant entrusted with the lawyer just now stated that Yang Fan broke free in this case."

"angered Zhang Dali, and intimidated Zhang Dali and others, so that they had the idea of forcing Hu Yunyun to have a relationship and killing the two."

"What does the defendant mean by the lawyer's statement?"

"When you talk about emotional responsibility, what can you say about emotional responsibility?"

"You mean Yang Fan shouldn't provoke criminals, right?"

"Yes." Wu Zhen spoke.

"Okay." Su Bai nodded and continued to speak:

"However, has the defendant entrusted a lawyer ever thought about which legal provision does Yang Fan bear emotional responsibility?"

"What is responsibility?"

"The liability stated in court is generally a matter of legal liability."

"Did the defendant entrust a lawyer because he believed that the victim needed to bear the corresponding part of the responsibility for the case?"

"The victim, Yang Fan, was controlled by four young people who broke into his home and saw his new wife being molested."

"Is it true that there should be no emotions, no angry thoughts, no resistance?"

"I don't know where this theory came from."

"But I am well aware of these points as stated by the defendant's lawyer.

They all want to reduce the criminal responsibility of this case, so as to achieve the goal of mitigating Wang Wenyuan's crime! ”

"But has the lawyer entrusted by the defendant ever thought about what Wang Wenyuan did in this case?"

"Burglary robbery, forcing others to have a relationship, and it is a gang crime, intentional homicide!"

"He's the main culprit in the whole case!"

"Is it just because there are circumstances to surrender that he can reduce the punishment he deserves?!"

"Or do you want to put the relevant responsibility issues on the victim Yang Fan to achieve the purpose of commuting the sentence?"

"But should Yang Fan bear any responsibility?"

"I don't think so, nor in the definition of the law!"

"So based on the above."

"I would like to ask the defendant to appoint a lawyer and not to throw the responsibility on the victim!"

"Here, I would like to remind you once again that both victims were brutally tortured before their deaths!"

"Although the defendants are not very old, they have reached the point of criminal responsibility!"

"The ignorant are fearless, and their ignorance of the law is not the responsibility of others, but their own!"

"They should each bear it!"

…

Su Bai's voice was not loud, but it spread throughout the courtroom.

Wu Zhen wanted to throw a certain amount of responsibility to Yang Fan in order to achieve the goal of commuting Wang Wenyuan's sentence.

But what is Wang Wenyuan's situation?

Wang Wenyuan is the main culprit!

Such a major criminal case involves two homicides!

and accompanied by other particularly serious circumstances.

If you want to give a suspended sentence based on a voluntary surrender circumstance?!

How can it be!

Wu Zhen's other statements have a certain amount of truth, but they only have a certain amount of truth!

The impact of this trial is so great, and there is no legal basis for his statement.

How could the presiding judge adopt his opinion?

Don't even think about commutation, you must be sentenced to death!

…

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