As a Lawyer, You Sent the Judge In?

Chapter 123: Doubtless and innocent, do you understand? !

Zhang Yingying is Feng Qian’s colleague.

Two people are both judges, but they have different concepts of judgment.

Zhang Yingying’s philosophy is that everything should be based on facts and there will never be any misjudgments.

Relatively speaking, Feng Qian is much more subjective.

In other words, it is to make a judgment based on one's own subjectivity rather than based on the facts. Although it is said that the purpose of judging based on one's own subjective good or bad is indeed to help the good people.

However, based on this, there is a high probability of misjudgment in certain specific situations.

After Jiang Hetao spoke, Zhang Yingying and Feng Qian remained silent and did not speak any more.

Time goes very quickly.

The recess time is over.

After the clerk announced that the court would reopen, the judges sat in the trial seat again.

　　咚!

　　The gavel was struck in the trial of Yangtze River Hetao.

“The adjournment is over and the case trial continues.”

　　咚!

“Before the adjournment, both parties to the litigation have made detailed submissions on the case.”

“The two parties have a dispute over whether Wang Mingxuan, the party involved, knew in advance that Lin Xiu, the perpetrator, would jump out of the car.”

“There is some controversy over whether Wang Mingxuan was found to have caused death by negligence.”

“This court summarizes the disputed points:”

“One: After Wang Mingxuan saw Lin Xiu leaning out of the window, did he foresee that Lin Xiu would jump out of the car?”

“Second: When Wang Mingxuan stepped on the brakes, did he foresee that Lin Xiu would jump off the car? Is there a causal relationship between the two?”

“Three: After Wang Mingxuan learned that Lin Xiu was panicking, did he have any criminal liability for Lin Xiu’s jumping out of the car?”

“Do the parties to the litigation have any opinions or objections regarding these three issues summarized by the collegial panel?”

This summary.

It can be said that Jiang Hetao has summarized it well.

There are almost no loopholes or missed issues.

The determination of these three issues is the key factor in determining the judgment of this case.

Neither Su Bai nor Lu Hongmei had any opinions on the three issues summarized.

“Presiding Judge, we have no objection.”

“The prosecution has no objection.”

….

　　咚咚!

The gavel struck.

“Since both parties have no opinions or objections to these three summaries, let’s continue the discussion on these three issues.”

“Let’s start with the third question.”

“According to the evidence available to this court, Wang Mingxuan was at work and arrived at half past eight.”

“Until about ten past nine.”

“In the process of waiting for work.”

“The unpleasantness that occurred between the two parties during this period was without any physical contact.”

“Do both parties have any objections?”

These are irrefutable evidence obtained by law enforcement agencies and cannot be refuted at all.

Su Bai: "No objection."

Lv Hongmei: “No objection.”

　　咚咚!

“If both parties have no objections, then continue.”

This time, Feng Qian served as a supplementary judge.

"At around 9:10, Lin Xiu got into the co-pilot's seat. During the driving process, he saw that it was inconsistent with the navigation. He asked Wang Mingxuan, and Wang Mingxuan responded. However, during this process, Lin Xiu was unfamiliar with the unfamiliar road section. Still worried."

“According to the evidence investigation, Lin Xiu was extremely insecure towards strange men. When in the car, Lin Xiu was overly panicked. This was the reason why Lin Xiu took dangerous actions. Do the two parties have any objections...?”

Zhang Yingying frowned slightly when she heard Feng Qian's question.

Su Bai also frowned slightly after hearing this, but did not say anything.

after all

According to a normal psychology, there is no big problem in inferring this.

But if it is judged in this way, then there are huge potential problems.

After Feng Qian finished her statement, Jiang Haitao also frowned slightly and waved his hand at the court seat to interrupt Feng Qian's continued additions.

Seeing this, Feng Qian opened her mouth to speak and closed it again without making any sound. She just took a deep breath.

　　咚!

Jiang Haitao continued: "Regarding Lin Xiu's psychological panic, Wang Mingxuan knew that Lin Xiu was in a state of panic. Do the parties to the lawsuit have any objection to this?"

Su Bai: "No objection."

Lu Hongmei looked in the direction of Feng Qian and said, "No objection."

　　咚咚!

“No objection to any of the above.”

"Based on the above, this collegial panel concluded that Wang Mingxuan knew that Lin Xiu was in a state of panic, but before getting on the bus and after Lin Xiu got on the bus, there was no fierce conflict between the two, and it did not cause Lin Xiu to take dangerous measures. direct factors of behavior.

The direct cause is the responsibility relationship between Lin Xiu’s dangerous jumping behavior because of panic and Wang Mingxuan’s innocence. "

　　咚!

“Judg it by this!”

“In this case, Wang Mingxuan has no criminal causation for the dangerous consequences caused by Lin Xiu, so he is not responsible.”

This judgment.

This is not to say that Wang Mingxuan was directly found not guilty, but that Lin Xiu's panic and dangerous behavior were of his own free will and were not caused by Wang Mingxuan's coercion or other threats.

certainly.

There is no problem with this judgment.

after all

If this is not determined, then in a legal sense.

Wang Mingxuan was prosecuted for an intentional crime rather than a crime of negligence causing death.

“Do both parties have any objections to this judgment?”

Faced with the questioning of the trial judge Chang Jiang Hetao, neither Su Bai nor Lu Hongmei had any opinions.

Su Bai: ‘We have no objection. ’

Lv Hongmei: “We have no objection.”

….

　　咚咚!

“The second question will be discussed below.”

Because of Feng Qian’s inappropriate remarks just now, Jiang Hetao did not allow the judge to express his opinions.

But I will explain the whole process by myself.

“According to the evidence provided by law enforcement and prosecutors, when Lin Xiu leaned out of the car window, Wang Mingxuan noticed and released the accelerator.”

"above."

“According to Wang Mingxuan’s statement, it was very clear that the purpose was to prevent overcoming vehicles from causing harm to Lin Xiu. And through the court’s investigation, it was found that there were indeed many vehicles coming over this section of the road, so the statement is reasonable.”

“It is determined that Wang Mingxuan stepped on the brakes, and subjectively, there is no causal relationship with predicting that Lin Xiu will take dangerous actions. Then, it is jointly determined that Wang Mingxuan saw Lin Xiu leaning out of the window and predicted that Lin Xiu would take dangerous actions. There is no causal relationship.”

“Do both parties have any objections to the above determination?”

Based on the above questions.

Once judged, it will be confirmed that Wang Mingxuan did not meet the conditions for a negligent crime.

When I heard Jiang Hetao’s imminent judgment.

Lu Hongmei was anxious.

He raised his hand and said, "Presiding judge, we have objections."

“Please ask the prosecutor to state or show that the evidence and facts prove that the judgment is wrong.”

evidence?

Lu Hongmei was stunned for a moment.

She relied entirely on subjective factors, and this case also relied on subjective factors.

Can’t use evidence.

Completely dependent on subjectivity.

The main theme is the tendency of a presiding judge.

After taking a deep breath.

Lu Hongmei spoke slowly: "Presiding Judge, I would like to submit a new piece of evidence."

New evidence?

After Lu Hongmei spoke, everyone at the court hearing was stunned for a moment.

Su Bai frowned slightly.

New evidence

The file and the evidence provided by law enforcement, prosecutors, and courts are sufficient... He has confirmed that there is almost no substantive evidence in this case, and it relies entirely on oral confessions.

There was no recording on the cargo platform, and there was no video or evidence on the truck.

Where did the prosecution obtain the new evidence?

If new evidence can prove that Wang Mingxuan is guilty of a negligent crime, then he can only defend his sentence in this trial.

after all.…

Legal defense has little room for action in the face of evidence.

Especially in such a highly subjective court hearing.

The relevance of the evidence is self-evident.

Su Bai thought silently in his mind and looked at the prosecutor's seat.

Want to know what the evidence is.…

….

Dong dong dong!

Judge Chang Jiang Hetao banged the gavel: "The application is approved. Please submit new evidence to the prosecutor."

Lu Hongmei handed over the relevant evidence materials to the relevant personnel beside her, and then slowly said:

“The new evidence is about Lin Xiu’s medical diagnosis some time before her death.”

“What is shown above is that Lin Xiu has been emotionally hurt, diagnosed with mild depression, and has a certain rejection of men.”

“When Lin Xiu and Wang Mingxuan had a quarrel.”

“Lin Xiu showed this state.”

“That is, Lin Xiu’s death is inextricably linked to Wang Mingxuan.”

“We apply to reject the judgment request just now”

Su Bai:? ? ?

No, you call this evidence?

Are you OK.…?

What is the relationship between Lin Xiu’s medical diagnosis and her risky behavior?

This evidence can only further determine that she took dangerous behavior, and her own behavior has nothing to do with Wang Mingxuan.

　　　　….

Um!

I understand!

It is true that Lu Hongmei could not produce subjective evidence for judgment, so she wanted to sentence Wang Mingxuan by guiding the intentions of the members of the trial collegial panel.

Indeed...Wang Mingxuan also has no strong evidence to prove that his subjective intention is not "foreseen".

So it depends on the trial intention of the judge.

Even if Wang Mingxuan is found guilty... he has committed the crime of negligent death.

It also conforms to the “certain” process.…

　　　…

Su Bai noticed Feng Qian among the members of the collegial panel and looked at Lu Hongmei silently.

So.…

Knowing that it was impossible to break up, he simply asked Xiao Li to turn his head and look at the court seat.

“Look at the court seats.…”

Court seat...? !

Xiao Li’s eyes lit up: “Oh!”

“Okay Lawyer Su!”

….…

At the seat of the presiding judge.

　　When hearing what evidence Lu Hongmei presented, Judge Changjiang Hetao frowned slightly and said:

“According to the prosecutor’s statement, the Lin Xiu mentioned by the prosecutor suffers from mild depression and has a certain rejection of men. Is there any connection between this and this case?”

"Or.…"

“Through this evidence, can it be proved that Wang Mingxuan had subjective foresight and foresaw Lin Xiu’s intention to jump out of the car?”

Jiang Hetao was slightly dissatisfied with Lu Hongmei's plea and the evidence submitted.

He also understood that Lu Hongmei wanted to influence the intentions of the members of the collegial panel through the above plea.

But the point is!

The above defense may be useful in the first instance, but in the second instance, this effect is greatly reduced.

In his eyes, if there is no evidence, no direct evidence, then there is no guilt beyond doubt.

The principle of doubting the guilt, in simple terms.

It is the subjective intention of the court.

90% of the court’s subjective intention finds that the person is guilty. If there is no strong evidence to prove that the person is guilty, then he is innocent.

Although it sounds like you are showing consideration for bad people.

But from a certain objective perspective, unjust cases and false cases are based on 90% subjective belief that the person is guilty, and there is no strong evidence to prove that the person is guilty.

If the judgment is determined based on the subjective will of the presiding judge, it will lead to a wrong verdict or an unjust verdict.

For Jiang Hetao, who has been practicing as a judge for more than ten years.

What Lu Hongmei stated did not have much impact on the judgment at all.

Facing Jiang Hetao’s inquiry, Lu Hongmei seemed hesitant…

So.…

Jiang Hetao struck the hammer directly.

Dong dong dong!

“It is now determined that the evidence appealed by the prosecutor has no relevance to this case, and the evidence appealed by the prosecutor is invalid!”

“Prosecutor, do you have any objection?”

Lu Hongmei was stunned for a moment. She did not expect that the evidence she submitted would be so easily ruled invalid by the presiding judge.

Helplessly, she could only nod her head: "Okay, presiding judge, we accept the presiding judge's decision without any objection."

　　咚咚!

Jiang Hetao banged the gavel.

“There is no objection from the above litigants and prosecutors.”

"Right now."

“The above issues are determined to be true.”

….….

At the prosecutor's seat during Jiang Hetao's statement.

Xu Qing's face looked anxious.

"Lawyer Lu... now the presiding judge has made a decision..."

"What should I do.…?"

“Is our court statement still useful...?”

“The above three questions are the key issues in determining whether Wang Mingxuan is guilty of manslaughter.”

“.….…”

Lu Hongmei looked at Feng Qian on the presiding judge's seat and took a deep breath.

"Don't worry...Although the judgment has been made now, the final result of the trial has not yet been announced, so there is still hope for everything."

Xu Qing sighed and nodded.

“Hopefully…”

….…

On the other side, Li Xuezhen looked at Lu Hongmei with joy.

And Feng Qian on the judgment seat...

I thought silently in my mind: "Lawyer Su asked me to stare at the female judge on the bench..."

“Could it be...”

Tsk tsk.…

Although the achievement points are not continuing to expand, the achievement points have increased...

If this is really the case...

Tsk tsk.…

Happy.…