As a Lawyer, You Sent the Judge In?

Chapter 180 What if I sentence you to life imprisonment? The verdict is due!

 There is nothing irrefutable in the evidence in this case.

 Evidence of homicide exists.

 The factual basis is complete and the evidence chain is conclusive.

 Although there were no cameras during the process, it was impossible to refute based on the confession, murder weapon and other facts confirmed.

 As for Su Bai’s application for a crime of passion, the application was rejected.

 Ye Hua certainly knows how to refute.

  But as a first-class lawyer, he knew very well that his rebuttal could easily be dismissed by the other party.

 At the same time, judging from the situation of the last first-instance judgment.

 The most important factors in determining a crime of passion are Wu Xingguo’s confession, his emotional state and sophistical perspective.

 Elucidate the situation at that time from Wu Xingguo’s oral confession and Wu Xingguo’s subjective purpose.

 Last point, the most important thing is to proceed from the perspective of defense.

 This method of pleading is feasible before ordinary lawyers.

 But it is only feasible in front of ordinary lawyers.

 After all, for lawyers, on-the-spot reaction is very important.

But this kind of defense will not work for Su Bai.

Why?

 Because he had learned that Su Bai, as a well-known criminal lawyer in Nandu, would find it too easy to refute this kind of defense.

The other party is fully familiar with various criminal regulations and is able to apply them in court trials.

not to mention.

Why did the Sudu High Court accept the retrial of Wu Guoxing’s case?

 It is because it was determined that there were certain omissions and problems in the first-instance judgment.

 Otherwise, the High Court would not accept the request for second-instance appeal.

As Wu Guoxing’s litigation attorney in the first-instance judgment, he certainly knew what the omissions and problems were.

If Su Bai refutes these omissions and problems.

 He really didn’t know how to continue his plea.

Thinking of this, to be honest, Ye Hua didn't figure out how to deal with Su Bai's next attack after answering Su Bai's questions.

 “Forget it, I don’t think about it too much for now.”

 Ye Hua thought silently in his heart.

 Now we can only continue to elaborate on Su Bai's question.

 Let's see if there is any chance to retort.

 What if the other party is in vain?

Then he will make a profit.

 After clarifying the current situation.

 Ye Hua opened his mouth to refute Su Bai's question.

“We do not agree with the litigant’s stated views.”

“First of all, judging from the evidence provided by law enforcement, Fang Zhihui did not insult Wu Guoxing or engage in other extreme behavior.”

"but."

“We need to determine what the situation was at that time, and then determine whether Fang Zhihui had any influence on Wu Guoxing.”

 “What was the situation at that time?”

“The situation at that time was that Wu Guoxing was going to look for Wang Yuan, and happened to meet Fang Zhihui, who was coming back from outside.

Fang Zhihui knew the relationship between Wang Yuan and Wu Guoxing, the conflict between Wang Yuan and Wu Guoxing, and understood that Wang Yuan did not want to see Wu Guoxing.

In this case, two people appeared at the location of the crime at the same time, which was at the door of the shared apartment where Fang Zhihui and Wang Yuan lived together. "

“Both Wu Guoxing and Fang Zhihui knew that Wang Yuan was in the shared rental house.”

“But when Wu Guoxing asked Fang Zhihui, Fang Zhihui’s answer was that Wang Yuan was not in the room they shared.”

 “This is obviously a case of lying.”

“And Wu Guoxing confirmed that Wang Yuan was in their rental house.”

“In this case, Wu Guoxing obviously asked Fang Zhihui with purpose.”

 “But what about Fang Zhihui...?”

“Fang Zhihui’s approach was to ignore Wu Guoxing’s inquiry.”

“And tell Wu Guoxing not to disturb Wang Yuan anymore.”

“The purpose of Wu Guoxing’s visit to Wang Yuan this time was mainly to resolve some personal grievances. He was originally in a irritable mood, and Wu Guoxing’s personality is relatively irritable.”

“This can be understood through friends and relatives around Wu Guoxing.”

  “With the above conditions as the background, it leads to a result.”

“It was Fang Zhizhi’s lying behavior that aroused Wu Guoxing’s anger.”

“There is another important point in this process, which is that Wang Yuan in the rental house asked Wu Guoxing to leave.”

“Wu Guoxing was very angry when faced with Fang Zhizhi’s deception.”

“So the original act of revenge against Wang Yuan fell on Fang Zhihui.”

“Wu Guoxing committed a crime of passion, and Fang Zhizhi carried out the criminal process.”

“Throughout the entire incident, Fang Zhihui did not use words to tease or irritate Wu Guoxing.”

“But she knew that Wu Guoxing had an angry personality, but she still chose to treat Wu Guoxing indifferently and deceive him.”

 “Under these conditions and background, isn’t this another kind of irritation?”

 “This is also a crime of provocation and provocation.”

“For the interpretation of the law, we should not stick to the interpretation of legal provisions, but also apply it to the corresponding legal situations.”

“In the legal situation described above, isn’t Fang Zhihui’s behavior considered another provocation against Wu Guoxing?”

“You must know that Wu Guoxing’s intention at the beginning was not to target Fang Zhihui, but to ask Wang Yuan for an accurate explanation.”

“And I happened to meet Fang Zhihui. It was under Fang Zhihui’s indifference and lying that I committed the crime against Fang Zhihui.”

“In this specific legal situation, we believe that Fang Zhihui’s indifference and lying behavior are a kind of provocation and irritation to Wu Guoxing.”

“That is, we believe that Wu Guoxing’s actions were crimes of passion and should be sentenced lightly.”

Facing Ye Hua’s plea, Su Bai said:? ? ? ?

Okay, okay, this is how you understand crimes of passion, right?

This is how you understand certain legal situations, right?

 According to that.

Did Wu Guoxing strike up a conversation with passers-by on the road, and they ignored him. He felt that they had offended him, and then he took out a knife and committed the murder. This is also a crime of passion, right?

Can this thing be called a crime of passion?

 Is the other party testing his legal knowledge?

  He has made it very clear just now that crimes of passion refer to crimes without any intention to kill.

 And there are many restrictions.

 To put it bluntly, according to the legal definition, the death of the person involved is usually caused during the process of resistance, which is called a crime of passion.

 Generally speaking, it applies to excessive defense or legitimate defense.

 Of course there are other situations.

But the specific situation depends on the specific situation.

 For example, the Qi Feng case and the Qin Xiaofeng case.

 One of the two is a crime of passion exercised in the course of self-defense.

 One is a "crime of passion" committed when the other party is verbally offended.

 In the first process, Qi Feng suffered serious danger while driving a crime of passion, so it was determined to be self-defense.

 In the second process, the victim had no ability to threaten Qin Xiaofeng, and Qin Xiaofeng continued to commit criminal acts.

 Obviously, it is no longer an emotional crime. It is entirely caused by oneself and has little connection with others. It is divorced from the basic standards of crimes of passion.

 And the first article of crime of passion has been clearly stated.

 Must be the perpetrator’s emotional agitation caused by the victim’s serious mistake. Reply based on Ye Hua’s statement above.

Did Fang Zhihui make a mistake?

 It’s not good at all.

　　If people don’t answer your questions, then you go up and use the knife. Now it’s your fault that they don’t respond to you.

 If people don’t respond to you, is this a serious mistake?

 Placing the blame on the victim for your own mood swings, claiming that the victim's indifference and lies were the cause.

 Why are you putting this nonsense aside?

 What the hell, you don’t understand the law when it comes to bullying people, right?

Facing Ye Hua's statement, Su Bai smiled and said, "I would like to ask Lawyer Ye."

“According to lawyer Ye’s statement and the specific legal situation described.”

"for example."

“If you represent a case, but the case is far from meeting the client’s requirements, then the client commits a crime against you.”

“The point is: he is an angry person, and you took his case and failed to meet his requirements.”

 “That’s why he attacked you.”

“In this case, does the other party commit a crime of passion?”

“After all, according to the point of view stated by lawyer Ye...a crime of passion means that the other party thinks you are at fault, and you are just at fault, regardless of the legal basis.”

 “To ask is in a specific legal situation.”

“Lawyer Ye, what do you think the verdict should be if there really is such a person?”

“At the same time, I would also like to ask the attorney of the party being sued, regarding the conditions for crimes of passion, I have just stated them.”

“What a crime of passion requires is that the victim was seriously at fault before the perpetrator committed the offense.”

“Does the attorney of the defendant think that Fang Zhihui was at serious fault in the process of Wu Guoxing’s committing the crime?”

“If the agent of the party being sued determines that Fang Zhihui was seriously at fault throughout the entire process, then could the agent of the party being sued please tell us what serious fault is?”

 Ye Hua:.….

 Silence.

Wu Jianlei on the side tugged at the corner of Ye Hua's clothes anxiously: "Lawyer Ye, speak!"

 Ye Hua: What else can I say?

Originally, in the first instance of this case, he used some tricks to get Wu Guoxing sentenced to eight years in prison.

 In fact, if it were an experienced public prosecutor, or the lawyer hired by Xie Jingmei was of a higher standard.

 So Wu Guoxing started at least 13 years ago.

 Based on the current situation, Wu Guoxing will definitely not be judged as a minor case of intentional homicide.

 At present, the defense point of view has almost been implemented.

Wu Guoxing will definitely be convicted of intentional homicide and the serious circumstances are serious.

 Only serious cases of intentional homicide are also divided into several categories: death penalty with suspended death, life imprisonment, and fixed-term imprisonment.

As for the question asked by Su Bai, he really couldn't answer it directly.

 Facing Wu Jianlei and Li Xin, they were waiting anxiously.

Ye Hua took a deep breath and waved his hand, signaling the two of them to stop being so nervous.

 Then, he looked at Su Bai:

“We believe that all cases should be judged and determined based on the circumstances at that time.”

“For Wu Guoxing’s criminal behavior and the process of committing the crime, his mental state and his character factors must be taken into consideration.”

  “This is used as the main criterion for sentencing.”

This is to avoid asking and tell your own story?

 Or the other side can only bully some lawyers who don’t understand the laws and regulations very well.

 Knowing that there is no way to defend this key point, so you want to fight for Wu Guoxing in other ways?

 But anyway...

For this kind of intentional murder, you will definitely not be able to escape a life sentence.

　No matter how the other party pleads, it cannot change the fact.

 That’s the proof!

 Intentional homicide means killing someone who has nothing to do with you.



 Do you think it’s possible?

Facing Ye Hua’s statement, Su Bai responded directly:

“Is the criminal Wu Guoxing mentally ill?”

“His violent personality is caused by the environment in which he grew up and has nothing to do with other factors. The determination of the crime facts is only related to the crime itself.”

“We believe that this kind of angry character will have a more negative impact on society.”

“So we demand a harsh sentence for Wu Guoxing’s intentional homicide.”

  No matter what.

 This point of defense regarding Wu Guoxing is now over.

 It's not that Ye Hua's level is not good, but after mastering the factual evidence and Su Bai studying the opponent's arguments in advance.

The other party has no way to refute.

Since it cannot be refuted, the sentence of Wu Guoxing in the first instance judgment must be revoked.

How many years will the sentence be?

Su Bai still has the same view, which has caused great social influence. If he cannot reach the level of death, he will definitely not be able to escape the life sentence.

　　咚咚!

 At the court hearing table.

Zhou Guangyu banged the gavel. Judging from the defenses of both parties so far, there is nothing much to say.

 After sorting out the information for a while, Zhou Guangyu shifted his gaze from Ye Hua, the party being sued, to Su Bai, the party litigating the case.

“The collegial panel has heard and understood the pleas of both parties.”

“The collegial panel will now ask some key questions.”

“Wu Guoxing, the criminal perpetrator, what were your subjective thoughts when the other party was committing the crime?”

Facing the sudden inquiry, Wu Guoxing was stunned for a moment, and then spoke:

"I felt she was ignoring me at the time, and I was very angry. Then I heard Wang Yuan talking in the room, and I became even more angry, and then I took action."

　　咚!

“So, lawyer representing the party being sued, do you have any other evidence or legal regulations that you would like to add and state?”

 Ye Hua said: "No... the presiding judge."

　　咚!

“Since the defendant has no further evidence or legal regulations to add and state.”

“Then based on the evidence submitted by the law enforcement parties and Wu Guoxing’s confession and the relevant factual basis.”

“It is now determined that Wu Guoxing is not a crime of passion.”

 “The reasons are as follows:”

“First, although the initial purpose of Wu Guoxing’s criminal behavior was not Fang Zhihui, it was Fang Zhihui who carried out the criminal behavior. There is no legal causal relationship between the process of committing the criminal behavior and the purpose.”

“Second, Fang Zhihui did not cause serious mistakes to Wu Guoxing and did not commit any infringement. Based on this, Wu Guoxing was not a crime of passion, but his own personality factors led to his sudden murder.”

“Does the defendant Wu Guoxing and his authorized agent have any objections to the determination of the above two points?”

“If you have any objection, please state the relevant factual and legal basis.”

  “Don’t make too many statements about things that are not relevant.”

 The last sentence...is equivalent to talking about other nonsense. Don't say more, just focus on whether you have any objections to the judgment of the above two points.

 Ye Hua:.….

 “President, there is no objection.”

　　咚咚!

“The defendant has no objection, then he will respond to the next argument in the trial.”

 The gavel fell.

Su Bai breathed a sigh of relief. It was actually not difficult to revoke the first instance verdict.

 Because the judgment of the first instance was completely without much basis.

The other party is a sophist!

 The verdict of the first instance even made Su Bai suspect that the presiding judge at that time had collected the things.

However, after reading the dossier, I realized that it was really because the lawyer was not good enough.

So the focus of this trial is not on the accusation against Wu Guoxing, but on the accusation against Wang Yuan.

 PS: Please give me a monthly ticket~

 (End of this chapter)