Chapter 482 was judged to be reasonable, from Zhang Chuancheng's panic.

There is no big problem with Su Bai's thinking and logic.

The key point of this case is one point, that is, whether the circumstances are serious or not.

If the circumstances are judged to be serious and the circumstances are particularly heinous, then Zhang Kou will definitely be sentenced to death.

Once the death penalty is found in the second instance, it is very difficult to appeal or retry it.

In other words, there is basically no possibility of appeal.

Why?

Because in a criminal case, you want to appeal, unless there is a serious wrongful copy.

In this case, there are only certain problems in sentencing.

The death penalty was sentenced, and the Supreme People's Court approved the death penalty review.

In this case, there is no unjust or false situation, and the sentencing of the death penalty is completely in line with the legal basis.

Although it may be a bit heavy, it is within the legal basis.

There is nothing wrong with sentencing the death penalty.

Of course, if the circumstances are less serious, the final outcome of this case is that the death sentence is suspended.

Su Bai also stated very clearly in the identification of the plot just now, from the perspective of the motive of the crime.

Zhang Kou's motive for committing the crime is reasonable.

The result of the crime was the death of one person.

Although it is said that there is a plan and preparations to kill several people, it is normal from the perspective of the motive of the crime in this case.

So....

If the presiding judge agrees with this view, in the case that only one person is killed.

There is a high probability that a death sentence will be suspended and not the death penalty will be imposed.

Su Bai looked up at the presiding judge's seat.

Waiting for the presiding judge to sort out the statements of both sides.

Presiding Judge's seat.

As the presiding judge, Wang Youwei made a general combing of the statements of both sides.

The point of view on both sides is on one point, and that is whether the plot is serious or not.

What do you think about whether the plot is serious or not?

In particular, the circumstances involved in the death penalty are serious, and this sentence is particularly crucial.

Specifically, the view of the seriousness of the circumstances is whether the social impact caused is bad and huge, whether it has caused many deaths, and whether it has caused huge property damage.

Judging from the current case of Zhang Kou, there were no deaths and no huge property losses.

So....

The possibility of a suspended death sentence is very high.

Of course, this is a conclusion drawn from Wang Youwei's own views and tendencies, as well as from previous judgments.

However, the prosecutor determined the gravity of the circumstances on the basis of the fact that the murder was prevented in the course of the murder.

To put it bluntly, what is this behavior of Zhang Kou?

Zhang Kou's behavior was an attempt to kill an intentional homicide, plus there was already a completed situation.

Therefore, from the prosecutor's point of view, it is reasonable to find that the circumstances are particularly serious.

This is where the two sides are at odds.

And Wang Youwei, for this, there is no accurate confirmation.

Both sides need to further explore this point of view.

Clear your mind.

Wang Youwei rang the gavel: "The law firm entrusted by the appellant has already stated its views. ”

"Prosecutor, do you have any other views?"

As the prosecutor, Lin Yuan needs to ensure the legal rights and interests of the victim in this trial.

The death of the victim is an objective fact.

Zhang Kou has the idea of continuing to kill people, which is also an objective fact.

Therefore, Lin Yuan did not agree with Su Bai's statement.

Or maybe I can't agree with it at all.

In his opinion.

Zhang Kou's criminal behavior is already very obvious, and there is already evidence of the corresponding criminal facts.

In this case, the death penalty was not excessive.

The verdict of the first instance also confirmed his view.

Regarding Su Bai's commutation statement, Lin Yuan actually did not approve of it to a certain extent.

So when facing the presiding judge's questioning, Lin Yuan immediately stated his thoughts:

"Presiding Judge."

"We do not agree with the views expressed by the appellant's lawyer."

Wang Youwei: "Okay, the prosecutor does not agree with the views stated by the lawyer entrusted by the appellant. ”

"Then please ask the prosecutor to further explain his own views."

"Okay presiding judge."

Lin Yuan nodded and continued to speak:

"We disagree with the following arguments regarding the statements made by the appellant's lawyer."

"What is the situation that the appellant's lawyer has stated?"

"The lawyer entrusted by the appellant to state is Zhang Kou's motive for committing the crime."

"From the perspective of Zhang Kou's motive for committing the crime, it is believed that the situation involved in Zhang Kou is not serious."

"But what is it?"

"In fact, Zhang Kou's motive for committing the crime is excusable."

"But the facts of the crime are also certain."

"Is there any parallel or conflicting relationship between the two?"

"Are there any important conditions that affect the judgment of the law?"

"There's not much of a conflict between the two."

"The motive for committing the crime does not affect the facts of the crime."

"From this point of view, the prosecution believes that the circumstances stated by the appellant's lawyer do not meet the criteria for commutation."

"Based on this .... We believe that the arguments made by the appellant's lawyer should be rejected. ”

"The first-instance verdict was upheld, and the offender, Zhang Kou, was sentenced to death."

"The presiding judge, above is our opinion."

Lin Yuan's statement, to a certain extent, has a certain amount of truth.

But Su Bai didn't pay much attention to Lin Yuan's statement after hearing it.

Because Lin Yuan's statement does not affect the situation of his statement.

What did he just state?

What he just stated was that Zhang Kou's idea of murder was very reasonable.

didn't say anything about it, Zhang Kou didn't do it.

Nor did he state that Zhang Kou was right to have thoughts of murder.

The content of his statement was based on Zhang Kou's subjective behavior.

And not the actual situation.

So.... From this point of view, the two of them stated that it was not at all.

There is certainly no way to refute the rejection.

In fact, on the bench of the judgment seat.

As the presiding judge, Wang Youwei was sorting out the statements of the two people.

There is a certain understanding of the statements of both sides.

In this case, the facts and circumstances on which the public prosecutor relied in his statement of defense were indeed not too obvious.

Because of the content of this statement, it is not possible to refute too much the statement of the lawyer entrusted by the appellant.

At present, the statements of both sides have been basically completed.

Wang Youwei faced this case in his heart, and generally had a certain tendency and judgment.

Wang Youwei looked at the appellant's seat and asked:

"The prosecutor has finished his case."

"Does the appellant have any other points of view?"

In this trial, there was not much content of the statements made during the defense.

In Su Bai's plan, there is only this one in the statement, so he faced the presiding judge's questioning.

Su Bai spoke directly: "Presiding judge, we have no other points of view that need to be stated. ”

"Well, okay!"

"What about the prosecutor? Is there anything else you'd like to state? ”

Lin Yuan, as a prosecutor, had already stated his views just now, so he spoke:

"Presiding Judge, we don't need to state content and opinions."

Seat at the courtroom.

Hearing both the appellant and the prosecution, there was nothing else to say.

Wang Youwei rang the magic hammer and slowly spoke:

"Since neither side has any defense to be stated."

"Then now the collegial panel needs to further deliberate on this case and enter into an adjournment."

"The adjournment ends, and the court case begins."

The hammer fell, and a dull voice echoed in the courtroom seats.

The speed of progress in this trial was particularly fast.

The main reason is that there is not much room to defend this case.

In terms of factual evidence and confession, even Su Bai does not have a very good way.

Because of this trial, Zhang Kou's criminal behavior is indeed a fact, and there is not much basis for refutation.

But...

Su Bai also knew very well that this trial was mainly based on the presiding judge's understanding of the case.

In other words, according to the presiding judge's subjective view of the case.

Just now, he has already defended himself from the motive for the crime and the ultimate objective facts.

In this case, Su Bai's focus is still on the court statement.

Presently....

It is only necessary to wait for the presiding judge and the other two collegial panel members to adjourn the court and start the court statement to see if the courtroom statement can affect the subjective inclination of the presiding judge.

Call....

Su Bai exhaled a long breath and sorted out the relevant statement materials.

And the other side.

Since this case is a public trial, it ....

After the adjournment of the trial.

On the barrage of this trial, some questions about this case also appeared.

"The trial of this case was so fast, and there was almost no defense, but this is understandable, after all, the facts of the crime are conclusive, and lawyer Su may not be able to refute the accusations against Zhang Kou."

"But what I want to ask is.... In the end of this case, will Zhang Kou's death be suspended? ”

"After all.... I saw that Mr. Su didn't seem to have made too many defenses in this trial. ”

"Is there anyone who can answer that?"

Soon the following comments appeared:

"Whether the verdict is suspended or not, it doesn't have much to do with how much lawyer Su's defense is."

"In this trial, lawyer Su has already stated the core content, and there is no great point in continuing to defend."

"But.... It's hard to say whether it can determine whether the death is suspended. ”

"As a lawyer, I have also asked other lawyer friends around me."

"They agree with me that in this case, the death penalty in the first instance is too severe."

"It is believed that there may be a possibility that the sentence of the second instance may be commuted to a suspended death sentence."

"So.... In this case, I think there is a high probability that a death reprieve. ”

"Of course, this is only my personal opinion, and it depends on the results of the discussion between the presiding judge and the other members of the collegial panel."

"Court presentation is also an essential and critical issue in this case."

“.….”

Below the answers of professional lawyers, a lot of other comments appeared.

"This comment is very objective, and it is very likely that this case will be sentenced to death with a reprieve."

"The death penalty is too much, after all, the negative social impact caused by this case is not great."

"Another point is that the law is ruthless, but there is a certain amount of reasonableness in the punishment of the sentence."

"Because of Zhang Kou's motive for killing, although the sentence cannot be too light, it really does not lead to a death sentence."

"The verdict of the first instance is too much."

"Yes, the death sentence is indeed a bit too heavy, and the death sentence is still a bit reasonable."

"Of course.... Having said that, let's not talk about it, we still have to listen to how the presiding judge and the collegial panel define and try this case. ”

"However, I don't care much about the content of the verdict in this case, the key is that in this case, Zhang Kou's mother was beaten to death, how will it be dealt with in the future?"

"What is the result of the processing?"

"I'm more concerned about that!"

There are quite a few comments below this comment that are also asking this question.

The follow-up situation of Zhang Kou's mother has attracted a lot of attention.

“.….”

At the same time, the collegial panel deliberated in the room.

As the presiding judge, Wang Youwei focused on sorting out this case.

In this case, there was a certain amount of discussion on this case when the adjudication committee had discussed it before.

As a result of the discussions, the case was decided in accordance with the content of the presiding judge's defense in front of the parties in the court and the content of the court's statement.

Let's be honest ....

According to previous judgments, this case is completely unconstituting, and the conditions for sentencing the death penalty are not at all.

The court of first instance ruled that the circumstances of the death penalty were heinous and could be determined, but the determination was very reluctant.

As vice president of the Provincial High Court, Wang Youwei certainly cannot make such a judgment in accordance with the judgment of the court of first instance.

Merely.

In the discussion room, Wang Youwei had not yet spoken, and the other two members of the collegial panel waved their hands one after another.

One of them spoke: "President Wang, there is nothing good to try in this case. ”

"There's nothing to discuss."

"The court of first instance's verdict was obviously too heavy, and the appellant's lawyer also mentioned the case, so Zhang Kou is an extenuating circumstance."

"In this case...."

"The death sentence is a relatively reasonable sentence."

"There's no need to say anything else, what do you think, Dean Wang?"

Wang Youwei looked at the judge who spoke and smiled.

"Actually, I think so too.... However, what I want to see is whether this case will have a certain impact on public opinion if the death sentence is suspended. ”

"That's why on the way to the trial, it was decided to adjourn the trial."

"I've just read some comments on the Internet, and the comments on the Internet don't have much impact on the suspended death sentence in this case."

"In that case.... We have all decided to give a suspended death sentence. ”

"Then this case will be judged like this."

Wang Youwei clapped his hands and decided.

…

On the other hand, Zhang Chuancheng has always been a little uneasy in recent days.

This feeling was inexplicable, and he didn't know why he felt this way.

Could it be that Zhang Kou's mother's case can really affect him...?

But it shouldn't.

Peng Yuhang had already told him and said hello to the county.

The county's view of this case is to delay it first, and if no one pays attention to it in the future, it will be delayed.

into an old case.

It stands to reason that he is no longer involved in this case.

Suddenly, Zhang Chuancheng seemed to remember something more important and slapped his head.

"Oh yes! Zhang Kou's kid seems to have asked a lawyer to fight the second trial! ”

"It can't be a death sentence, right?"

Thinking of this, Zhang Chuancheng was a little anxious, and hurriedly asked the people who knew about it.

I also know that Zhang Kou is in the second trial today.

You can watch the specific trial results from your mobile phone.

Zhang Chuancheng fumbled on his mobile phone for a while and found the live broadcast room of the open trial.

Seeing the barrage in the live broadcast room, Zhang Chuancheng frowned slightly.

The feeling of bad feeling in my heart is getting stronger and stronger.

However, Zhang Chuancheng was still trying his best to comfort himself.

"Only when the verdict in this case comes down, then there are no other problems."

"These people may not understand the law, how can they not be sentenced to death if they kill someone?"

"As long as Zhang Kou is sentenced to death, then my heart will settle down."

When thinking about this, Zhang Chuancheng's eyes looked directly at the live broadcast room of the trial.

Waiting for the court time, I was unusually nervous in my heart, and there was an inexplicable panic.

…

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