Chapter 393 Slapped You in the Face This Time, Didn't You? Not arrogant anymore?

The relevant important point in this case was not the idea of premeditation in the first place.

But in the second judgment, Dong Baihao knew that Dong Guoguo was not yet fourteen years old.

Children under the age of 14 are children, and women who have reached the age of 14 are women.

This is the subjective difference that is great!

is the main key to the plot!

If it is determined that Dong Baihao knew that Dong Guoguo was under the age of 14, he chose to forcibly infringe.

Then subjectively the idea of the child who violated is reached.

In this way, the judgment will be more aggravated.

It will be much more difficult for him to surrender and make meritorious service and reduce his punishment.

On the judgment seat, after making a judgment on the first point just now,

Xu Rufeng's eyes circled around the seats of the parties in the trial.

"Now there is no objection from the parties to the first decision."

"Then let's make the second decision."

"Does Dong Baihao know that Dong Guoguo is under the age of 14."

After Xu Rufeng said this, he looked up at the victim's lawyer's seat.

"Is there any point of view that the victim's lawyer would like to state on this point?"

"Yes, Presiding Judge."

Su Bai opened his mouth and replied: "At this point, we think that Dong Baihao knows that Dong Guoguo is under the age of 14. ”

"First of all, there is one point, that is, Feng Yunxia has already stated it just now."

"Dong Baihao often asks about Dong Guoguo's situation, and often greets or jokes when he sees Dong Guoguo."

"In this case, Feng Yunxia informed Dong Baihao many times of Dong Guoguo's age."

"As a person who cares about orphans and widows, and cares about Dong Guoguo extraordinarily."

"In this scenario, there is no situation where Dong Guoguo's age is not known."

"I said I forgot."

"Most likely, it is an excuse to evade criminal responsibility under the law."

"On this point, I would like to ask the presiding judge to make a judgment on whether Dong Baihao knew that Dong Guoguo was under the age of 14 in accordance with the relevant legal situation and the objective factual environment."

Plainly.

As a person from the same village, he often greets, often takes pictures, and deliberately pays attention to Dong Guoguo.

said that he didn't know Dong Guoguo's age.

It's not realistic at all!

In this case, how can you not know?

It's just that from the perspective of the suspect, even if he knows, he must deliberately pretend not to know.

to evade their own criminal responsibility.

It is also a common tactic used by criminal suspects.

However, this common method is not generally adopted by the presiding judge.

This is because in addition to hearing the corresponding confessions, the presiding judge also has to look at the legal situation and the actual situation.

For example....

A girl who is clearly a toddler, you have to say that she looks like a woman in her 20s.

In this case, will the presiding judge accept the confession of the suspect?

In the vast majority of cases, it won't!

The way in which the presiding judge makes his decision is not that the suspect says what he says.

Rather, it is necessary to make a certain judgment based on the facts and the corresponding situation.

After listening to Su Bai's court statement.

Xu Rufeng, as the presiding judge, nodded slightly, according to Su Bai's statement, this kind of legal situation does exist.

As a fellow villager who often cares about his juniors.

Basically, there is no such thing as not knowing the specific age of the other party.

Even if you don't know it, you will have a general impression from your subjective point of view.

If Dong Guoguo is 12 to 13 years old, there is only 1 to 2 years old between 14 and 14 years old.

Then, it is normal that there will be a certain deviation in this general subjective impression of the individual.

However, there is a difference of four years between the age of 10 and 14.

In childhood, the difference between these four years is huge!

Relying on Dong Baihao's own personal statement alone cannot confirm the fact that he did not know that Dong Guoguo was under the age of 14.

This is Xu Rufeng's view.

But the specific situation.

It is still necessary to listen to the point of view of the client.

So Xu Rufeng spoke: "For this judgment, does the defendant's client have anything to state?" ”

Yu Cheng also knew the importance of this judgment, and immediately said:

"Some presiding judges."

"What Dong Baihao stated in this case is that he did not know that Dong Guoguo was under the age of 14."

"There's another important reason here."

"That is Dong Guoguo, probably due to family reasons, it is not easy to tell whether he is under the age of 14 from his face."

"Maybe at this point, Dong Baihao has a certain delusion, thinking that Dong Guoguo has reached the age of 14."

"Therefore, I believe that according to this point of view, the confession stated by Dong Baihao can be adopted."

Upon hearing this, Su Bai immediately retorted:

"The defense attorney should pay attention!"

"The content of our statement just now is that as a fellow villager, as a person who cares about Dong Guoguo, and often asks about Dong Guoguo's status."

"How could he not know Dong Guoguo's approximate age?"

"Even if Dong Guoguo's face is relatively mature, he tends to be over 14 years old."

"But as a fellow villager, doesn't he know this?"

"Dong Baihao didn't say that he hadn't returned to the village for a long time after going out to work, he had been staying in the village."

"In this case, he has relatively more knowledge of some things in the village."

"So there's basically no such thing as a physiognomy look!"

Su Bai expressed only one point.

Plainly.

That is, it is okay to look at the physiognomy, but the physiognomy is only for some unfamiliar people.

Or some uncommon people.

In this case, it is very common to determine the age of the other party by their faces.

But what is the current situation?

Now Dong Baihao often has contact with Dong Guoguo and Feng Yunxia.

Doesn't he know Dong Guoguo's family conditions?

In other words, he might have been a little surprised when Feng Yunxia told him that Dong Guoguo was only ten years old.

Under this environment and situation, it is impossible for Dong Baihao not to know the situation that Dong Guoguo is under the age of 14.

Based on this situation, the statement of the lawyer entrusted by the defendant is completely inconsistent with the actual situation.

After listening to Su Bai's statement, Yu Cheng wanted to continue to refute.

But it was interrupted by Xu Rufeng, who was judging in the seat.

"The defense has appointed a lawyer not to refute it for the time being."

"Defendant, let me ask you a few questions."

Facing the presiding judge's question, Dong Baihao nodded:

"Okay presiding judge."

"You said you didn't know that Dong Guoguo was under the age of 14, you thought Dong Guoguo was fourteen or fifteen years old."

"But you've been in the village for so long, haven't you heard anyone mention Dong Guoguo's situation?"

"Or haven't you heard others mention the situation in Feng Yunxia's house?"

Dong Baihao hesitated, not knowing how to answer.

He knew that Dong Guoguo was about ten years old, and said that he thought that the fourteen or fifteen years old was indeed to escape legal responsibility.

This question....

After a few seconds of silence, Dong Baihao spoke:

"Presiding judge, I heard others in the village talk about Dong Guoguo's situation."

"Because we often meet, I also know that Feng Yunxia's house is more difficult."

"You know the situation in Feng Yunxia's house, so why don't you know that Dong Guoguo is under the age of 14, how do you explain this? Isn't it true that no one usually talks to you? ”

Dong Baihao is even more difficult to answer this question.

At the time of the meeting, Yu Chengcheng had already told him that it was best not to lie during the trial.

Because according to his confession, the court can fully confirm it.

If it is proved that there is an error in the slip of the tongue, the penalty will be increased.

You can't lie, you can't answer.

Dong Baihao simply remained silent.

In the face of Dong Baihao's silence, Xu Rufeng, as the presiding judge, did not continue to ask.

Instead, he threw the question to Yu Cheng: "Is there anything else the defendant entrusted to the lawyer who wants to continue to make a statement?" ”

Faced with inquiries.

Yu Cheng also fell silent.

He really wanted to refute just now, but now the presiding judge's inquiry was very obvious.

That is, in the statutory scenario, it is believed that Dong Baihao knew that Dong Guoguo was under the age of 14.

Another point is the presiding judge's inquiry, which further confirms that Dong Baihao knows Dong Guoguo's age, which is not directly related to his appearance.

His continued statement is also a meaningless statement.

I simply didn't go any further.

"Presiding Judge, we have nothing else to state."

"Okay."

Xu Rufeng nodded slightly and struck the magic hammer.

"Regarding the judgment of whether Dong Baihao knew that Dong Guoguo was under the age of 14."

"All sides have made their respective points of view."

"In this regard, the collegial panel decided—"

"According to the corresponding statutory scenario, Dong Baihao's confession believes that Dong Guoguo has reached the age of 14."

"There is no legal basis, but it is based on the environment in which it is located."

"Dong Baihao knows that Dong Guoguo is under the age of 14."

"Judge by that."

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

Prosecution: "No objections. ”

Yu Cheng's face was not very good: "No objection." ”

Su Bai took a deep breath: "No objection." ”

After this judgment is completed, the verdict of this trial has basically been decided.

Dong Baihao is executed!

This one decision point is very crucial.

After this decision, Li Xuezhen's tense little face smiled.

Then he looked towards the defendant's attorney's seat with bright eyes.

The meaning is simple and clear.... Wasn't you just provoking?

Don't you think you've won the trial?

What now?

Yu Cheng, who was in the lawyer's seat entrusted by the defense, noticed Li Xuezhen's gaze, and his face was slightly not good-looking.

This verdict is indeed crucial, but it does not mean that he lost the trial!

As long as you keep seizing this meritorious performance in the following defenses and court statements, then there is still a chance!

Seeing the expression on Yu Cheng's face, Li Xuezhen turned her head:

"Lawyer Su, the main judgments of this trial have ended, are we going to win this trial?"

Su Bai noticed Li Xuezhen's behavior just now, and when he heard Li Xuezhen ask, he smiled and said:

"The two key judgments of this trial have ended, and all that remains is the meritorious performance of the presiding judge and the members of the collegial panel."

"If the presiding judge and the members of the collegial panel believe that this meritorious performance can reduce the sentence, then they will lose the case."

"If it is found that the circumstances are particularly heinous and the meritorious service is not sufficient to mitigate the circumstances, then the case is won."

"My personal opinion is that the point is not enough to mitigate the plot."

"Because Dong Baihao clearly knew that Dong Guoguo was under the age of 14 and committed the assault and brutal killing."

"It's too serious."

"Oh!"

Li Xuezhen nodded emphatically.

"I understand Lawyer Su!"

Hearing Lawyer Su's words, Li Xuezhen was a lot more relieved.

Lawyer Su believes that if this trial can be won, then there are basically no other surprises!

The lawyer on the other side, how to say, has been acting a little wrong in this trial.

It seems that they want to win the court and step on the fame of their Baijun Law Firm.

But....

Li Xuezhen glanced at Su Bai quietly.

This is also the lawyer of the trial, but Lawyer Su!

How could it be possible to lose!

Right now.... Just wait for the presiding judge to continue the trial process and announce the verdict!

Flattered!

Li Xuezhen thought silently in her heart, and subconsciously glanced at Su Bai again.

…

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