Chapter 391 The Defendant's Fierce Rebuttal: If You Surrender and Have Meritorious Service, Why Can't You Commute Your Sentence?

Bench on the judging table.

Xu Rufeng made a simple arrangement after listening to Dong Baihao's statement.

According to Dong Baihao's current confession on the court floor.

It can be called the brutal assault of a young child and the brutal murder of him.

But....

There are also subjective questions that need to be asked.

Clear your mind.

Xu Rufeng continued to ask: "Defendant Dong Baihao." ”

"As you say."

"Dong Guoguo met you when he went home to sell passion fruit on his way to the street town."

"At that time, Dong Guoguo's passion fruit had been sold, and the proceeds from the sale were 56 yuan."

"After you killed Dong Guoguo again, you took the 56 yuan you got from his sale, right?"

"Yes."

Dong Baihao nodded and admitted directly.

"What's the idea of taking the 56 yuan?"

Faced with the presiding judge's question, Dong Baihao hesitated for a few seconds:

"I had a very simple idea."

"What I think is if someone finds Dong Guoguo's body."

"Taking the money can also be misleading, at least it is possible to avoid the investigation and not involve me."

"Okay."

Xu Rufeng nodded slightly after asking about this.

At this point in the inquiry, the basic context of the case has been clarified.

Basically, what can be determined is that in this case, Dong Baihao's motive for the crime and the subjective and objective facts of the crime.

A criminal offence is an offence committed with the intent of committing a crime.

After committing the assault, he was brutally murdered.

That's the specific crime.

Sure that's all ....

The crime and basic circumstances of the case have been decided, all that remains is to lock in the discussion of the sentence.

Assault on young children and brutal murder of young children.

This is a felony.

However, in view of Dong Baihao, in this case, he took the initiative to turn himself in and confess the facts of the crime, and he made meritorious contributions.

In the discussion of the sentence, there is still a certain amount of controversy.

This is also the most critical content of the judgment in this case.

Thinking of this, Xu Rufeng turned his gaze to the prosecutor's seat.

On the eve of this trial.

The prosecution has been communicating with him about how bad the circumstances of the case are and how serious the situation is.

Let him consider the objective facts, the objective scenario, and give a fair and severe verdict on this case.

Of course, this kind of communication is normal in public.

There was no private communication.

From this point, it can be seen that the prosecutor this time attaches great importance to the issues involved in this case.

So when Xu Rufeng asked the prosecutor to speak on this case.

Lin Qiushui, as the prosecutor and prosecutor of this case, deliberately emphasized the seriousness of this case.

"The prosecution's findings in this case are as follows:"

"The prosecution believes that in this case, Dong Baihao's act of assaulting and brutally killing a young child has involved serious criminal legal responsibility."

"According to the law, the criminal liability involved in harming young children involves aggravating circumstances."

"Although he has made meritorious contributions to voluntary surrender, the circumstances of his voluntary surrender are not sufficient to offset the criminal responsibility committed."

"Criminal responsibility in a major case like this should not be mitigated."

"Again."

"The prosecution also wants to emphasize one more point, that is, in this case, Dong Baihao stated that his crime is a criminal path that cannot be turned back."

"What does that mean?"

"This means that Dong Baihao is worried that his criminal behavior will be discovered, so he chooses to make a mistake."

"However, as an adult, you should know the criminal distinction and determination between homicide and non-homicide."

"In the process of committing the crime in this case, Dong Baihao has many opportunities to give up committing the crime."

"But it didn't."

"Still choosing to brutally murder a young child."

"This has shown its subjective behavior."

"Based on the above, according to the provisions of China's Criminal Law, mutilating young children is a heinous act, coupled with the process of Dong Baihao's violation and brutal murder of young children."

"The prosecution believes that the presiding judge should consider sentencing in terms of aggravating circumstances."

"And voluntary surrender cannot be used as the main basis for mitigating the sentence."

"The prosecution's recommended sentence is the death penalty."

“.….”

There were no surprises on the prosecution's statements and the recommended sentence.

Because from the perspective of results, there is nothing wrong with the prosecutor's statement.

And the recommended sentence is also very reasonable.

But that's just from the prosecutor's point of view.

From the perspective of Yu Cheng, the lawyer entrusted by the defendant, this case must be won.

Therefore, he must also disagree with the death penalty proposed by the prosecution.

While waiting for the presiding judge to speak, Yu Cheng set his eyes on Su Bai's body.

Su Bai sensed that someone was looking at him, and raised his head to look at Yu Cheng.

It can be seen that Yu Cheng's eyes are full of that kind of eagerness to win the lawsuit.

Su Bai frowned slightly, he could see the other party's thoughts....

Is the idea that the case must be won?

Want to defend yourself at trial and make a plea for commutation?

Su Bai didn't know much about Yu Cheng, but he could see that he was eager to win the lawsuit.

At this time, Yu Cheng withdrew his gaze.

Attention was back on the judgment seat.

At this time, after listening to the prosecution's recommended sentence and relevant statements, Xu Rufeng asked the defense to entrust a lawyer to express his opinions.

The presiding judge was heard to let himself have his say.

Su Bai took a deep breath, his opinion was to focus on the facts and make a statement.

As long as the facts are clearly stated, then the relevant determination of this case is not difficult.

At present, there is nothing wrong with objective facts and objective evidence, but there is still a claim on the subjective side.

After finishing the materials, Su Bai looked up at the presiding judge's seat, and began to state:

"Presiding Judge, based on the defendant's statement just now, as well as the prosecution's statement, I would like to add a few points here."

"Okay, please add."

Hearing the presiding judge's agreement, Su Bai continued to speak:

"The first point is what the defendant said just now, he doesn't know how old Dong Guoguo is...."

"Here we are skeptical."

"According to Dong Guoguo's mother Feng Yunxia's statement, a few months ago, Dong Baihao had already mentioned to Dong Baihao that Dong Guoguo was ten years old."

"And Dong Baihao and Feng Yunxia have a good relationship, at that time, Dong Baihao also mentioned it, they are already ten years old."

"This sentence can be clearly seen that Dong Baihao may think that Dong Guoguo's age is too young."

"There is no such thing as being considered to be fourteen or fifteen years old."

"The second point: I asked Dong Guoguo's mother, Feng Yunxia, whether Dong Baihao had asked Dong Guoguo's situation many times."

"Or did Dong Baihao express this intention to infringe on Dong Guoguo before."

Feng Yunxia replied that she hadn't paid attention to this situation before, but every time she met Dong Baihao, Dong Baihao would ask about Dong Guoguo's situation.

"It's a bit of an unusual concern."

"From this point of view, it is very likely that Dong Baihao had premeditated this matter, but on the day of the crime, he had the opportunity, so he committed the infringement and criminal acts."

"The third point is that before Dong Baihao turned himself in after the case, he had defrauded Feng Yunxia."

"This kind of fraud is not about scamming money."

"Instead, he misled Feng Yunxia and said that Dong Guoguo might have a certain situation to confuse his vision."

"In this process, Feng Yunxia has no hatred or entanglement with Dong Baihao, so she also tends to believe Dong Baihao's words, thus achieving a certain amount of misleading content."

"Judging from these three points, we believe that Dong Baihao is indeed involved in a bad situation."

Su Bai did not continue to indicate the relevant situation, because it was not necessary.

The first of the above three points is that under the age of 14 is counted as an underage girl, and the punishment will be more severe in law.

The second point shows that Dong Baihao did not commit a crime of passion, but had premeditated and committed a criminal act with this idea in mind.

The third point is that Dong Baihao misled others when he knew that he had committed a crime.

From this point on, the meritorious performance of mitigating the circumstances of voluntary surrender is mitigated.

This is all Su Bai's supplement, and it doesn't need much further explanation.

Because it is enough for the presiding judge to be able to understand and understand in the trial.

Facing Su Bai's addition.

The presiding judge on the bench nodded slightly.

The defendant is then asked if he or she has any other objections to the lawyer or the defendant.

"Does the defendant or the defendant's lawyer have any other objections?"

"Some presiding judges."

Yu Cheng raised his head and glanced at Su Bai first.

Then he slowly made a statement: "Presiding judge." ”

"We do not agree with the statements of the prosecutor and the defendant's lawyer."

"Our reasons are as follows:"

"First of all, from a legal point of view, we are very sympathetic to the victims and their families."

"There is no doubt that Dong Baihao did have criminal acts and criminal facts in this case, and we admit that we also admit that the circumstances of his judgment are severe."

"However, we do not agree with the public prosecutor's statement that he has made meritorious contributions, but does not commute the sentence."

"And several points put forward by the defendant's lawyer."

"Here are the detailed reasons for our rebuttal."

"In the process of investigating and tracking this case, at the beginning, Feng Yunxia reported the case."

"What's the report? It's reported missing! ”

"Because at that time, no one knew where Dong Guoguo went and what happened to him."

"During the period of several days that Feng Yunxia reported the case, the law enforcement authorities investigated her, but there was no progress."

"Law enforcement officers can't characterize this case at all without any clues."

"Whether it was missing, trafficked, or brutally murdered, it is not known."

"From another point of view and perspective."

"So can this case be solved in the end?"

"It's possible."

"But will it become an unsolved case?"

"It's also possible!"

"If Dong Baihao doesn't turn himself in, then this case may never be solved."

"Or that it's hard to solve a crime."

"In this case, Dong Baihao's voluntary surrender is a major meritorious performance."

"At least for the cracking of this case, there is a meritorious service."

"Although he is a criminal suspect, his meritorious performance cannot be denied."

"If it weren't for his voluntary surrender, there is a certain probability that this case would have become an unjust and doubtful case."

"Speaking of which, if this kind of major meritorious service is not subject to a reduction in the sentence, then what is the point of this kind of voluntary surrender?"

"Why does the law stipulate that voluntary surrender can reduce the sentence?"

"It is because he recognizes his mistake and advises the offender to take the initiative to admit the punishment."

"If the death penalty is still imposed in this case."

"Then we can completely believe that voluntary surrender in the criminal law has a major performance in the case, a meritorious performance, and has no meaning at all!"

"The above is our rebuttal to the prosecutor's argument that the circumstances of surrender do not serve the purpose of mitigating the sentence."

"From the perspective of the defendant's lawyer, the defendant's lawyer stated three points, which is completely meaningless."

"Why do you say that?"

"The first point is that there is no evidence to prove that Dong Baihao clearly knows that Dong Guoguo is only ten years old."

"But from Dong Baihao's point of view, he may really just think that Dong Guoguo is only ten years old."

"Because Dong Guoguo helps his family all the year round and looks relatively old, from this point of view, Dong Baihao's opinion is not wrong."

"There is no subjective deliberate concealment."

"Second, Feng Yunxia, who was entrusted by the defendant to a lawyer, cared too much about Dong Baihao and Dong Guoguo, and thought that this was wrong."

"It is accusing Dong Baihao of premeditating against Dong Guoguo."

"But when did Feng Yunxia find out that Dong Baihao asked Dong Guoguo, or did she care that something was wrong with Dong Guoguo?"

"It was only after the incident that I realized it later."

"So why wasn't there before the crime?"

"Is there a possibility that Feng Yunxia has changed her subjective impression to a certain extent after she knew that Dong Baihao was the murderer, so this situation was caused?"

"Possibly!"

"So what does this indicate, what does it mean?"

"It can't show anything, and it can't show that Dong Baihao has a premeditated situation."

"As for the third point, I don't have anything to say, because Dong Baihao does have some intention to mislead others."

"But from the side, Dong Baihao has the idea of misleading others, which is not wrong, and the misleading has succeeded."

"Then, after the misdirection was successful, I still chose to turn myself in, knowing that I had the possibility of exonerating."

"We think this is more indicative of his meritorious performance in this case."

"Presiding Judge."

"The above is our detailed response to the lawyer's request from the prosecutor and the defendant's lawyer."

Yu Cheng looked down at his litigation materials and finished stating all the content he wanted to state.

Then look up at the prosecutor and the victim's entrusted seat.

He has enumerated the various possibilities of this case in detail.

He couldn't think of any other point of view that he could refute himself.

If there is no specific point of view, then there is a high probability that the death sentence will be suspended in this trial.

Yu Cheng took a deep breath, as long as this case can be won!

Then he stepped on the fame of Baijun Law Firm, and his own fame will also be significantly improved!

But....

The power to adjudicate a case is in the hands of the presiding judge and the collegial panel.

The most important thing in this case is that the parties' defenses can convince the presiding judge to accept it.

As for Dong Baihao's final judgment, it still depends on the subjective judgment of the presiding judge and the collegial panel.

Thinking of this, Yu Cheng turned his head and looked at the seat on the trial table.

…

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