As a Lawyer, You Sent the Judge In?

Chapter 114 Charge, Application for Death Sentence

 At the court hearing.

 From the time the court was adjourned to the time it opened, it took four hours.

 The main reason is that the members of the collegial panel need to be replaced and the principle of avoidance must be followed.

 Things that need to be coordinated are a bit troublesome.

As for the Nandu High Court, the court was reopened four hours later after going through the fastest process.

This made many viewers who watched the trial scold them.

The lawyer is having a great time quarreling with the presiding judge and the judge, but you just declare an adjournment?

Even if the court was adjourned, we still had to wait four hours for the court to begin!

 Fortunately, we waited on the same day.

.

 ….…

 After the court session.

　　Going through the court process again.

Yu Caixia sat in the chair of the presiding judge, walked around the courtroom, and looked at Su Bai at the prosecutor's seat.

 She had a very deep impression of Su Bai.

That Nandu Bank case gave Yu Caixia a certain impression of the lawyer Su Bai.

 But impressions are impressions, good feelings are good feelings, the law is the law, and the trial is the trial.

 For court hearings.

 Her basis is legal defense, evidence, and statements.

 Other than this, there is nothing else that can affect the judgment of the court.

  As for worldliness, Yu Caixia is very principled when it comes to court trials.

 This is also the main reason why Su Bai agreed to change the judge to Yu Caixia.

Su Bai raised his head slightly and looked at the judgment seat.

In addition to Yu Caixia, the deputy president and presiding judge, the members of the collegial panel this time also have two judges, namely female Jin Yufang and male Wang Chuanjie.

 Single persons constitute new members of the collegial panel.

 At the seat of the presiding judge.

Yu Caixia looked at the trial materials and spoke slowly: "This court follows the principle of avoidance and has now disqualified the original judges Zhou Qiangsheng, Zhang Guangquan, and He Hui from trying this case."

“The new members of the collegial panel are composed of Yu Caixia, Jin Yufang and Wang Chuanjie from Nandu High Court.”

“Do the three parties to the lawsuit have any objections or requests for recusal?”

 Prosecutor Zheng Lijun: “No objection, no application for recusal.”

Defendant lawyer Jiang Min: “No objection, no application for recusal.”

At this time, everyone’s eyes fell on Su Bai.

I want to see if Su Bai will mention the principle of avoidance again.

 Until Su Bai said: "No objection, no application for recusal."

 Some people have only relaxed from the big stone in their hearts.

The hearts of the melon-eating people also dropped a lot in an instant.

 You have no objections!

You continue to fight!

　Su Bai: .…..

 ….….

 The court hearing scene.

 Dong dong dong!

Yu Caixia banged the gavel and continued to speak:

“With regard to this case being heard by this court and the collegial panel composed of Yu Caixia, Jin Yufang and Wang Chuanjie, all parties to the trial have no objections and the cause of the case is hereby announced.”

“This case will be heard by Nandu High Court for the following reasons:”

"In this case, the perpetrator, Qin Xiaofeng, male, is an adult. He knocked down the victim, Lu Ying, while driving. After a verbal dispute, Qin Xiaofeng was angry and deliberately injured Lu Ying, causing his death. The second instance verdict was decided by the Nandu High Court. After making a judgment, the family of the injured party found that the original second-instance judgment was wrong, and the Supreme Court instructed the High Court to conduct a retrial. "

  “For the above.”

 “Do the parties have any objections?”

Prosecutor Zheng Lijun: “The case is true and there is no objection.”

 Defendant Jiang Min: “No objection.”

Su Bai: "No objection."

 Dong dong dong!

Yu Caixia banged the gavel again:

“All parties have no objection to the cause of this case, so let’s ask the prosecutor to make a prosecution statement.”

“The injured party also serves as the accuser and is prepared to provide additional explanations.”

 Dong dong dong!

"let's start."

Yu Caixia sorted out the materials and looked at prosecutor Zheng Lijun.

 “A good judge.”

Zheng Lijun looked at the materials that had been prepared and stated:

“The prosecution determined:”

“The defendant, Qin Xiaofeng, is suspected of intentional homicide and has caused significant social impact. We request the court to impose a death sentence on Qin Xiaofeng.”

 “The accusation is as follows:”

“First, Qin Xiaofeng caused injuries to the victim Lu Ying while driving. Not only did he fail to inquire in time, but he also attacked the victim with a knife because of a verbal dispute.”

“The attack lasted five times and was cruel to a pregnant woman. The impact on society was extremely bad.”

"Second, according to the evidence provided by law enforcement and the confession provided by Qin Xiaofeng, Qin Xiaofeng had a verbal dispute with Lu Ying when he got out of the car. It was just a simple verbal dispute, but Qin Xiaofeng used the knife he carried in the car. For committing a crime against Lu Ying.”

“This behavior was entirely for the purpose of committing a crime intentionally, and the fact that the car was carrying a knife showed the tendency to commit a crime intentionally.”

“Third, Qin Xiaofeng was over 18 years old when he committed the crime. He already has the ability to bear criminal responsibility that an adult should have. He has the ability to take responsibility for what he has done, and he should be tried by the law.”

"Fourth, this case has aroused huge public opinion in society, causing huge social influence and extremely bad social impact. Since the victim was a pregnant woman, Qin Xiaofeng's intentional criminal behavior directly resulted in one death and two deaths, causing It has caused public dissatisfaction with legal justice and has had a serious and negative impact.”

“According to the relevant provisions of the criminal law, the criminal suspect committed a crime intentionally, and it is confirmed that it is a major crime, the method is extremely cruel, and the social influence is bad, and he has the right to be sentenced to death.”

“That is, the prosecutor applied to sentence Qin Xiaofeng to death.”

“Presiding judge, we have finished our statement.”

 Zheng Lijun looked up at the trial bench after stating the lawsuit application and related matters based on the materials he had prepared in advance.

 At the judgment seat.

Yu Caixia briefly organized the court trial materials based on Zheng Lijun's statement.

 Then he looked at Su Bai at the prosecutor's seat.

"I would like to ask the prosecution and the victim if there is anything you would like to add...?"

 Prosecutor Zheng Lijun has already said everything that needs to be said.

 Applying for the death penalty.

  And added a series of evidence explanations.

At the stage of stating the lawsuit application, Su Bai had nothing to add.

 Clear your thoughts.

Su Bai said: "President, we have nothing to add to the prosecutor's statement on the lawsuit application."

 Dong dong dong!

 The gavel struck.

“The prosecution has finished its statement and now invites the defense lawyer to make a defense.”

 The pressure was put on Jiang Min.

During the first and second trials of this case, Jiang Min was the defense lawyer.

 To be honest, the pressure of defense is not very high.

 Just follow the normal process.

The death penalty is almost impossible, and there is definitely no problem in giving a suspended death penalty.

 But this retrial

 At present, Su Bai has changed all the members of the collegial panel when applying for application of the recusal principle.

Facing Su Bai, the "Tianke" of Nanyuan Law Firm, he really had no chance of winning. However, this defense still needs to be continued with all efforts.

 Took a deep breath.

 Jiang Min began to defend his sentence for commutation.

　　　　　　　　　　　　　　　　　　　　　　　　　　‖

“Our legal claims are as follows:”

“One: Our client has a good attitude towards admitting his mistake, takes the initiative to plead guilty, does not refuse to plead guilty, and confesses the facts of his crime.”

“Two: According to the description of our client and the evidence of the law enforcement party:”

“First, our client did not know the fact that Lu Ying was pregnant at the first time.”

“Second: Our client carries a knife in his vehicle, but the purpose of carrying the knife is not intentional homicide.”

“Third: When we had a quarrel, we did not attack with a knife immediately. Instead, we carried out the murder under the stimulation of the fierce quarrel and the other party’s words. This does not constitute intentional murder.”

“According to the concept of criminal psychology, this is a kind of psychological and emotional crime under impulsive behavior, also called a crime of passion. The motive of this type of crime is not just intentional homicide.”

“It is a criminal act that is manifested in the psychological state of the perpetrator.”

“At the same time, we have just reached adulthood, and it is normal to have this kind of mentality.”

“In addition, our client has the subjective intention to surrender. The Criminal Law stipulates that surrender should appropriately reduce the criminal’s punishment, and minor crimes should be exempted from punishment.”

“I would like to ask the presiding judge to consider the sentencing of our client Qin Xiaofeng from these aspects, rather than directly concluding the death penalty.”

“Presiding judge, we have finished our statement.”

 After Jiang Min finished his statement.

Su Bai’s eyes fell on the accused party’s seat.

Jiang Min did not deny the fact of Qin Xiaofeng's crime because it could not be denied.

 It can be seen that the other party is trying its best to obtain Qin Xiaofeng's commutation of sentence and rejection of the death penalty lawsuit from other aspects.

 There are two key points.

 The first point is from the subjective purpose of carrying a knife, thus proving that Qin Xiaofeng did not commit murder intentionally, but committed a crime of passion.

 There is a big difference between these two points.

　　When Su Bai defended Qi Feng, he used the concept of emotional crime to express Qi Feng's subjectivity.

 He did not expect that Jiang Min would use it in Qin Xiaofeng's case.

You must know that intentional murder has a strong subjective criminal motive, and the sentence must be severe.

As for emotional crimes, compared with subjective intentional murder, the subjective criminal motive is slightly weaker, and the result may be a lighter sentence.

 This is the first key point of Jiang Min's plea - killing with passion, an emotional crime.

  The second key point is from the aspect of surrender.

 In the legal definition.

 Surrendering yourself in can indeed lead to a lighter punishment.

This is also a legal measure to avoid resolute resistance by criminal suspects.

But.….

Qin Xiaofeng is definitely surrendering...?

 Su Bai couldn't say he was unsure about this conclusion, but the other party couldn't say he was certain either.

 Dong dong dong!

Presiding judge Yu Caixia banged the gavel. After listening to Jiang Min's description, Yu Caixia frowned slightly and then looked at the prosecutor.

“Does the prosecutor have any refutation of the defendant’s statement?”

Zheng Lijun looked at the litigation materials and frowned.

He has learned about this case many times. According to what the other party said, the death penalty is indeed unreasonable.

  But he acts as the prosecutor.

  Putting aside the other party’s arguments, there is indeed nothing wrong with applying for the death penalty.

Facing Jiang Min's statement, Zheng Lijun couldn't find any good angle to defend himself.

After being silent for more than ten seconds, he asked with a small point of defense: "Then why did Qin Xiaofeng stab Lu Ying five times...?"

“The first stabbing can be explained as an impulsive criminal act, so how can we explain the five stabbings in succession...?”

“The time of five knives was between five and fifteen seconds. This time is already considered a long time in the crime of using knives to commit intentional injury. How does the defendant explain this?”

Facing the questioning, Jiang Min spoke calmly: "The statement just made it clear that our client committed a crime of passion and emotion."

“Under this kind of behavior, the criminal’s rationality is weakened or lost, and his ability to control himself is weak. This can also explain why our client continued to harm the victim in that situation.”

Su Bai frowned slightly after listening to Zheng Lijun and Jiang Min's statements.

It is clear.

 During the plea between prosecutor Zheng Lijun and defense lawyer Jiang Min.

 At present, Jiang Min has a certain upper hand.

 Because Zheng Lijun was led astray and followed Jiang Min's lead.

certainly.

This is also understandable. Jiang Min's defense is well-founded. It is definitely not possible to break it based on the two points just mentioned.

so.…

Zheng Lijun wanted to accuse Qin Xiaofeng of his crimes through other aspects.

 But he was blocked back.

After Jiang Min finished his statement, Zheng Lijun looked in Su Bai's direction and sighed deeply.

As a public prosecutor, he may not be able to beat Jiang Min.

 But as Su Bai is a top criminal lawyer, that may not be possible.

.

 ….…

at the same time.

Qin Xiaofeng's eyes lit up in the defendant's seat. He didn't know much about the law.

But he also knew that the original verdict of the second trial had been decided, but a retrial of some kind was obtained.

 It is definitely not good for him.

Jiang Min, as his defense lawyer, also told him that he should be mentally prepared for this retrial.

  But judging from the current situation...

 On our side, we have the upper hand...

 At the beginning, when faced with the accusation, Qin Xiaofeng was still worried, but now, his worries have dropped a lot.

The same is true for Wan Yuping in the family seat.

He stared at Su Bai with deep resentment in his eyes.

                                                  .

 Although I say you are awesome...but now we still have the upper hand.

 After Jiang Min finished his statement, Wan Yuping smiled proudly.

There is probably no big problem in this court hearing.

That Su Bai may not be able to defeat the lawyer they hired.

 Jiang Min:.

 You are bragging, don’t take me with you...

 ….…

Compared to Wan Yuping, Qin Anhai is relatively calm.

after all

He knew very well that in the current trial, it seemed that their defenders had a certain advantage, but that was before the prosecutor.

 The real problem is facing Su Bai’s accusation.

I didn’t see it. Su Bai took away He Hui who was not conducive to the trial.

 So, Qin Anhai's heart was still in doubt about what would happen next in the court hearing.

 PS: Please give me a monthly ticket~

　　First update

 (End of this chapter)