As a Lawyer, You Sent the Judge In?

Chapter 179 No civil compensation, just a criminal verdict!

 Half an hour flies by in a blink of an eye.

 Soon it was time for the court session.

 Under the guidance of the staff, Su Bai, Li Xuezhen and Xie Jingmei walked into the court hearing.

  Accompanied by the clerk's reading of court discipline and other relevant content.

 Three members of the collegial panel walked into the court hearing stage.

Zhou Guangyu, as the presiding judge, banged the gavel: "The court is now open."

 With the sound of the gavel banging, all the members sat down.

 Following.

Zhou Guangyu began to conduct a simple pre-trial meeting for this trial.

 The general content is the same as the previous process, verifying the identity of the person's information.

 And declare the identity of the members of the collegial panel.

This time the trial was held at the Sudu High Court. The three members of the collegial panel were the presiding judge, Zhou Guangyu, and the judges, Yang Qifan and Li Peng.

at the same time.

The prosecution has two lawyers, namely the lead trial lawyer and assistant lawyers Wang Kai and Sun Meng.

 At the seat of the party being sued, since the case is being heard jointly.

The man who killed Fang Zhihui, Wu Guoxing, as well as Wu Guoxing’s parents and litigation lawyers were present.

On the other side of the table of the sued party is Wang Yuan, as well as Wang Yuan's parents and litigation attorney.

This case is relatively complicated.

 Because this time the court session is a joint trial.

  First of all, the above-mentioned request of the litigant is to overturn the judgment of Wu Guoxing in the first instance.

 The second one is the need to judge and judge Wang Yuan’s case and accusation.

 The two cases are closely related.

 So the Sudu High Court paid relatively more attention to this case, and the case was heard by Vice President Zhou Guangyu and two other mid-level personnel.

ˆVerify the person’s information and make sure it is correct.

 Presiding judge Zhou Guangyu began to inquire and confirm the general content and causes of the case.

“This case will be heard by the Sudu High Court, and confirmation of the cause of the case will now begin:”

  “Cause of this case:”

“The litigant believed that the judgment of the first-instance court and the Sudu Intermediate Court against Wu Guoxing was relatively lenient. He was dissatisfied with the judgment of the first-instance Sudu Intermediate Court and filed an appeal.”

“And it is believed that in the process of Wu Guoxing’s murder of Fang Zhihui, Wang Yuan committed criminal negligence.”

“The Sudu High Court believes that the criminal behavior and criminal suspicion between Wu Guoxing and Wang Yuan are related, and the case will be jointly tried.”

“Does the litigant have any objection to the cause of action?”

Su Bai: “The litigant has no objection.”

As the gavel struck, Zhou Guangyu glanced at the litigation materials, then turned his gaze to Su Bai and said:

“The litigant has no objection, then the litigant is asked to state the lawsuit application and basis for the lawsuit.”

Su Bai nodded and said: "Okay, presiding judge."

 For this case, there are two main points of litigation application.

 The first point: As the murderer of Fang Zhizhi, Wu Guoxing was sentenced to eight years in prison, which was too short.

 The application is rejected and the sentence is increased.

 The second point: Wang Yuan’s criminal negligence requires trial and judgment by the court.

 About the civil compensation part, Su Bai asked Xie Jingmei.

 What Xie Jingmei means is that there is no need for civil compensation, but the murderer must pay the due price.

Su Bai has been keeping this in mind.

 Pull out a lawsuit application from the litigation materials, Su Bai began to make a statement.

“Our litigation application is as follows:”

“First: We believe that the first-instance judgment of Wu Guoxing made certain errors in the application of law. Wu Guoxing should have committed intentional homicide and caused a major impact.”

“The person should be sentenced to death, suspended death or life imprisonment and a fixed-term imprisonment of more than ten years according to the heavier punishment among intentional homicides.”

“In the first instance, the sentence given to Wu Guoxing was only eight years in prison, which was too light.”

“We apply to revoke the first-instance verdict against Wu Guoxing and commute his sentence to life imprisonment.”

“Second: Regarding Wang Yuan, we believe that Wang Yuan has committed criminal negligence.”

 “Apply the court to judge his behavior.”

“Third: Regarding Wang Yuan’s inappropriate remarks and improper guidance and influence on a certain platform, which caused huge mental damage to our client, we apply to cancel Wang Yuan’s account on a certain platform.”

 The third point is the incidental civil litigation.

According to what Xie Jingmei said, Su Bai specifically went to a certain platform to read Wang Yuanfa’s relevant content, and there was no insult.

 But sometimes the information released irritates Xie Jingmei overtly or covertly.

 So the third point was raised by Su Bai after he temporarily collected evidence and submitted it to the court.

“Presiding judge, our lawsuit application has been stated.”

 After the statement of Su Bai’s lawsuit application is completed.

Wu Guoxing’s side and Wang Yuan’s side both frowned at the same time.

 First of all, it is Wu Guoxing’s parents.

Originally, they spent a lot of money to hire a top-notch criminal lawyer to argue that their son's sentence would be eight years during the first trial.

 Even if it is eight years, they even feel it is a bit long.

 But now...

Once the other party files a lawsuit, it will be a life sentence!

 Wouldn’t this cost their lives?

Although their son said he made a mistake, he only needed to know that he had made a mistake and could correct it, and he was sentenced to eight years, which is already a lot of time.

Now they have spoken directly and want their son to go to jail for the rest of his life.

to be honest.

Wu Guoxing’s parents, Wu Jianlei and Li Xin, couldn’t accept it at all.

After all, even if their son committed a crime, it is still their heart and soul. How could they be willing to let their son suffer so much and suffer such a big crime?

 So he turned his attention to their litigation attorney Ye Hua.

 Hope to get some psychological comfort from Ye Hua.

  After all... In the last first trial, Ye Hua's performance was considered classic and wonderful for them.

 Attention was paid to the client’s gaze.

 Ye Hua nodded slightly, signaling the two of them not to worry too much.

 At this time, Wu Jianlei and Li Xin calmed down.

However, the look he looked at Su Bai was still a little unfriendly.

Li Xuezhen:? ? ? ?

unfriendly?

Who are you staring at?

　　　! ! .

 ….….

 And the other side.

Wang Yuan’s parents, Wang Manhua and Xu Li, also looked at the lawyer they hired.

 After Wang Yuan was taken away by law enforcement agencies.

Wang Yuan’s father, Wang Manhua, immediately found his friend and asked his friend to find a top-notch criminal lawyer in Sudu.

Although he found a first-class lawyer, Wang Manhua still had some worries when facing Su Bai's lawsuit application.

“Lawyer Wei... we should be able to reject the lawsuit application, right?”

Wang Manhua asked the criminal lawyer Wei Hao who was invited.

Wei Hao nodded: "I have a general understanding of this case. Generally speaking, it can be dismissed, but the specific situation still depends on the issues raised by the other party."

“Don’t be impatient yet.” “Aiao, good lawyer Wei.”

Wang Manhua nodded.

.

 ….….

at the same time.

On the trial stage, Zhou Guangyu simply wrote down a few key words about Su Bai's lawsuit application, and then looked at the prosecutor.

“The prosecutor please state his application for this hearing.”

 “A good judge.”

Wang Kai sorted out the litigation materials when facing the presiding judge.

 He and Su Bai are both litigants, so on some points, they are consistent with Su Bai's views.

 In fact, most of the points raised by Su Bai were what the prosecutors wanted to state.

 It can be said that Su Bai has already stated the general lawsuit application.

 However, the prosecutors still need to make further supplements to some of the questions raised by Su Bai.

 This is also some of the rights of their prosecutors.

Wang Kai said: "Presiding Judge, we agree with the views of the litigation attorney just now."

 “But some additions are still needed.”

“First of all, we believe that there are indeed certain objections to Wu Guoxing’s verdict, and we agree with lawyer Su’s view that the first-instance judgment imposed a lighter sentence on Wu Guoxing.”

“Secondly, what we add is the accusation against Wang Yuan.”

“According to our evidence and legal basis, Wang Yuan is indeed suspected of committing a crime of negligence causing death.”

“The prosecutor applied for judgment on Wang Yuan.”

“And for the crime Wang Yuan committed, the prosecutor’s proposed sentence is two years.”

“Presiding judge, the prosecution has finished its statement.”

Wang Kai added about the sentencing of Wang Yuan.

 After the prosecution has completed its statement.

Zhou Guangyu banged the gavel and said: "Now I will summarize the contents of this trial."

 “The parties to the litigation have reached an agreement.”

“1: The first-instance verdict for Wu Guoxing’s murder of Fang Zhihui is considered to be lighter, and we apply to revoke the first-instance verdict.”

“Two: Wang Yuan was found to have committed criminal negligence during this process.”

“Do the prosecutors and litigants have any objections to the summary?”

Wang Kai: “No objection.”

Su Bai: "No objection."

 The gavel struck.

“The prosecutor and the litigant have no objections to the summary, so now we will start the statement and defense on the first point.”

“The litigant is now requested to state the basis for applying to revoke the first-instance judgment in the case of Wu Guoxing’s murder of Fang Zhihui, including but not limited to legal basis or submission of factual evidence.”

 “A good judge.”

Su Bai nodded.

 The legal statement for revoking the first-instance judgment is still very simple.

 Because of the relevant evidence, the prosecutors and law enforcement agencies have been well prepared.

The key points are mainly stated from the subjective aspects of the first-instance judgment, as well as the viewpoints and defense of the other party's litigation attorney at the first-instance trial.

Su Bai has already prepared the litigation-related content in advance.

 After extracting the relevant litigation content from the materials.

 Su Bai began to state.

“Presiding judge, we would like to first describe the process of the entire case and ask the party being sued some relevant questions to clarify the context of the entire case.”

"application passed!"

Zhou Guangyu banged the gavel and agreed to Su Bai's application.

 After the application was approved, Su Bai looked at Wu Guoxing and began to state the relevant matters and the general content of the defense in the first instance.

“In this case, there is no objection that Wu Guoxing committed murder intentionally.”

“The main key issue is whether Wu Guoxing’s intentional homicide was a crime of passion or a premeditated murder.”

 “Based on evidence provided by law enforcement and prosecutors.”

“Originally, Wu Guoxing’s purpose was to find Wang Yuan and wait for an opportunity to retaliate. At the same time, Wu Guoxing had a knife with a blade of nearly 15 centimeters on his body.”

“This knife, with a blade of nearly 15 centimeters, finally entered Fang Zhihui’s body and was the main murder weapon that caused Fang Zhihui’s death.”

.

 ….

“In the first trial, Wu Guoxing’s defense lawyer argued that Wu Guoxing was a crime of passion. He had no original intention to kill Fang Zhihui, but it was only due to his own personality, hatred and other factors that broke out at the time.”

“It caused harm to the innocent Fang Zhihui, which is a typical emotional crime.”

“But here I would like to refute and ask Wu Guoxing’s defense lawyer.”

"Whether Wu Guoxing is a crime of passion or not, judging from the results of the crime alone, he used a knife to injure the innocent Fang Zhihui, leading to Fang Zhihui's death. According to forensic identification, the direct factor in Fang Zhihui's death was Wu Guoxing's injury. Behavior?"

"Yes."

 Ye Hua nodded slightly. This point is proved by strong evidence and cannot be refuted.

Hearing Ye Hua admit it, Su Bai continued: "According to the definition of the law."

“The following points of view are found in determining intentional homicide and causing death and imposing a lighter sentence:”

 “1: Intentional homicide in self-defense.”

“Two: Indignation killing means that the victim committed a major criminal act and was intentionally killed by others in the process of committing the crime.”

“Three: Passionate killing, there is no intention to kill, but the victim loses his mind under the provocation of the victim, loses control and kills the victim.”

“Passion killing also includes the following necessary conditions.”

“(1) It must be due to the victim’s serious fault that the offender’s mood fluctuates strongly.”

“(2) The perpetrator lost his mind due to strong emotional fluctuations or lost and weakened his ability to identify and self-control.”

“(3) The act must be carried out on the spot in a passionate mood to qualify as a killing of passion.”

 “Four: Commissioned to kill…”

　　　….”

“According to the judgment in the first instance, Wu Guoxing applied the third point of passion killing.”

“When there is no intention to kill, the victim is provoked or provoked by the victim, so he loses his mind, loses control and kills the victim.”

“I would like to ask the lawyer appointed by the party being sued, is this your defense point of view?”

 Ye Hua nodded: "Yes."

“Although Wu Guoxing said he had a knife, his main purpose at the beginning was to commit an impulsive crime against Wang Yuan.”

“The act of killing Fang Zhizhi is a typical emotional crime.”

Facing Ye Hua’s answer, Su Bai continued to speak

"The killing of Fang Zhihui is a typical emotional crime. So according to the law, did Fang Zhihui tease or insult Wu Guoxing, causing him to lose his mind?"

“According to the evidence provided by law enforcement, Fang Zhihui was trying to dissuade Wu Guoxing, right?”

“The law enforcement authorities did not mention that Fang Zhihui had any insults or other exciting behaviors toward Wu Guoxing when he was trying to dissuade him.”

“I would like to ask the attorney of the defendant, how do you determine the provocation and irritation of the victim Fang Zhihui towards the perpetrator Wu Guoxing?”

This issue is the core issue in this lawsuit.

 Crime of passion is described by legal guidelines and specific interpretations of the law.

 It doesn’t mean that passion is passion.…

Su Bai looked at Ye Hua, waiting for the other party's answer.

Facing Su Bai’s question, Ye Hua frowned slightly.

 It’s not that he can’t answer this question.

 But he was thinking about how to deal with Su Bai's further attack after answering this question.

 PS: Please give me a monthly ticket~

 (End of this chapter)