As a Lawyer, You Sent the Judge In?

Chapter 181 The objective facts have been reached. It would be disrespectful for you to argue again.

 After the presiding judge Zhou Guangyu dropped his gavel and made the judgment.

The expressions of Wu Jianlei and Li Xin changed slightly.

“What does Lawyer Ye mean by this judgment? Does it mean that Guoxing will be severely sentenced?”

Li Xin spoke nervously.

 Ye Hua nodded: "Judging from the current situation, it is indeed true."

“After this judgment is made, the first-instance judgment will be overturned, and the sentence should be re-sentenced based on the more serious circumstances of intentional homicide.”

"But the specific situation is not very clear. There should be a small point of difference regarding the sentence later, but I am not very clear about this."

 “We need to see the presiding judge’s arrangements at that time.”

 Ye Hua took a breath, rubbed his brows, and explained to Li Xin.

 “But...what about my son?!”

Hearing that his son was going to be sentenced to a harsher sentence, Li Xin became anxious and his voice became louder, but was pulled back by Wu Jianlei on the side.

 “This is the court hearing!”

“Lawyer Ye will definitely find a way, why are you yelling at Lawyer Ye!”

After training Li Xin, Wu Jianlei smiled at Wei Hao and said, "Lawyer Ye, I'm sorry."

“The child’s mother is more concerned about the child and is a little excited.”

Facing this situation, Ye Hua has obviously experienced a lot, and the expression on his face has not changed much.

 But he still felt a little uncomfortable mentally, so he nodded lightly: "Yes!"

Wu Jianlei smiled, and then glared at Li Xin dissatisfied.

 It is still in the trial process.

 What is the difference between expressing dissatisfaction with a lawyer and cheating on one's own son?

Li Xin also realized that he was wrong at this time and wanted to express his apology, but Ye Hua did not give it to her. Chance

.

 ….….

 At the same time, on the court hearing stage, Zhou Guangyu banged the gavel and announced the next point of argument.

Wang Yuan’s parents and Wang Yuan’s parents in the defendant’s seat and the defendant’s party’s seat all felt a little inexplicable nervousness.

 Because of the second distinction.

 It is an accusation against Wang Yuan for causing death due to negligence.

 The crime of negligence causing death.

 Su Bai had also been tried in court before for this crime.

The case of Wang Mingxuan is a typical case of the crime of negligent death.

 It’s just that...Wang Mingxuan is without fault.

  Negligence causing death refers to the behavior of an actor who is negligent and does not foresee or has foreseen and credulously believes that he can avoid causing the death of others and deprive others of their right to life.

 In this case of Fang Zhihui.

 The perpetrator who caused death by negligence refers to Wang Yuan.

 The biggest difference between the Wang Yuan and Wang Mingxuan cases lies in the relationship between foreseeable behavior and legal causation.

　　咚咚!

Zhou Guangyu banged the gavel:

“We are now answering whether Wang Yuan committed criminal negligence when Wu Guoxing committed a crime against Fang Zhihui.”

“Now please let the prosecution begin to present the evidence and factual basis.”

Wang Kai nodded slightly after hearing what the presiding judge Zhou Guangyu said:

 “Okay, presiding judge.”

“The prosecution alleged that Wang Yuan committed the crime of negligence causing death during Wu Guoxing’s visit to the other party and made the following determinations.”

“Wang Yuan foresaw Fang Zhihui’s imminent danger, and there is the following evidence.”

“First: Wu Guoxing sent a message to Wang Yuan before meeting Fang Zhihui.”

"The content of the message mentioned that Wu Guoxing wanted to commit an impulsive crime against Wang Yuan, and stated that he wanted to find Wang Yuan and informed him that he was carrying a murder weapon."

“Wang Yuan was aware of this matter and responded to Wu Guoxing’s message.”

“Second: Fang Zhihui also sent a message to Wang Yuan before returning to the shared dormitory. The content of the message was to return to the dormitory, and he also asked about Wang Yuan’s boyfriend. This boyfriend refers to Wu Guoxing.”

"Wang Yuan did not convey the information to Fang Zhihui in a timely manner that Wu Guoxing was coming to rent the house and threatening him."

“It caused Fang Zhihui to be unaware of Wu Guoxing’s criminal behavior.”

“This led to a certain conflict between Fang Zhihui and Wu Guoxing.”

“Wang Yuan notified Fang Zhihui when she learned that Wu Guoxing went to the rental house and had criminal intentions.”

"Then the occurrence of this crime can be completely avoided."

“In this regard, the prosecutor believes that Wang Yuan’s failure to notify was the main factor causing this crime.”

  “It is believed that there is a certain causal relationship between the two.”

“Second: During the entire incident, Wang Yuan knew clearly from the beginning that Wu Guoxing and Fang Zhihui had a quarrel outside the door.”

“Because according to Wu Guoxing’s confession, Wang Yuan asked Wu Guoxing to leave at that time.”

“But because I was worried that Wu Guoxing would cause harm to me, I chose to close the door of the rental house and not go out to deal with Wu Guoxing, leaving Fang Zhihui outside to face Wu Guoxing alone.”

“Before this, Wang Yuan had sent a message to Fang Zhihui for help, saying that she wanted Fang Zhihui to persuade Wu Guoxing to leave.”

“At the same time, Wang Yuan was aware of Wu Guoxing’s criminal behavior.”

"The entire crime process lasted less than two minutes. During this period of less than two minutes, Wang Yuan knew what was happening outside. During this process, Wang Yuan did not open the door. This was a reasonable hedging. Behavior."

"But after the crime process ended, ten minutes later, Wang Yuan still did not open the door or looked outside through the peephole, or checked Fang Zhihui's injury, which caused Fang Zhihui to miss the best rescue time and cause his death. ”

“Based on the above, the prosecutor believes that Wang Yuan is suspected of causing the death of Fang Zhihui through negligence.”

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

Wang Kai finished his statement and raised his head slightly to look at the presiding judge's seat.

According to the prosecutor's investigation, Wang Yuan did cause Fang Zhizhi's death due to negligence.

There is no doubt about this.

However, the specific judgment depends on how the defendant and the defendant’s parties rebut and make statements.

Of course, the most important thing is how the presiding judge determines his statement.

　　咚咚!

Zhou Guangyu banged the gavel: "The prosecution has finished its statement. Does the litigant have any additional explanations?"

  The prosecution has already stated the entire case process and detailed content.

If you want to add more, there is nothing else good to add.

“Let’s see how the defendant rebuts for the time being.”

Su Bai thought to himself, and then said: "President, the litigant has nothing to add for the time being."

　　咚!

“If the litigant does not make any supplements, then the defendant Wang Yuan and Wang Yuan’s litigation attorney are now invited to make statements.”

 “Defendant, let’s get started.”

 Facing the presiding judge, let the defendant speak.

Wang Yuan felt a little anxious, and involuntarily turned to her parents for help. Ever since the case was filed and she was taken away, she had been feeling anxious.

 My heart has gone from being indifferent at the beginning to being nervous now.

 Wrongful negligence causing death?

She just didn't appear in court as a witness to Xie Jingmei, so she was charged with negligent death?

She didn’t kill the person!

Although she felt a little nervous, she always insisted that she was not guilty.

but.…

Accompanied by the prosecutor's description just now in the court hearing.

Wang Yuan knew very well that none of the prosecutors were wrong.

 She also realized that this was the crime of negligence causing death.

 She didn’t know much about the law, so she could only turn to her parents and the lawyer hired by her parents.

Noting Wang Yuan's situation, Wang Manhua and Xu Li also looked at Wei Hao.

 “Lawyer Wei.…”

 Xu Li spoke softly.

She is Wang Yuan's only daughter. She has loved her very much since she was a child, and she definitely doesn't want to see any accidents happen to her daughter.

Wei Hao nodded, without looking at Xu Li, but just indicated that he understood.

 This case.…

  The prosecution's statement mainly relies on the relationship between foresight and causation.

  As long as we only need to refute this aspect, there are no other big problems.

 Clear your thoughts.

Wei Hao began to make a statement: "President, we do not agree with the prosecutor's point of view."

“The specific reasons are as follows:”

“First of all, Wang Yuan did learn that Wu Guoxing was carrying a murder weapon.”

“At the same time, we also learned that Fang Zhihui would be coming back.”

“And asked Fang Zhihui to persuade Wu Guoxing to leave.”

“Based on the above, Wang Yuan indeed committed certain negligent behavior.”

“But the specific situation needs to be brought into the specific legal scenario.”

“According to Wang Yuan’s subjective factors, she knew that Wu Guoxing had an angry personality, carried a weapon, and intended to harm her.”

"but.…."

“In Wang Yuan’s mind, it was Wu Guoxing who would hurt her.”

“It is not Wu Guoxing who would harm Fang Zhihui.”

“In this case, for Wang Yuan, it is a relatively good choice for Fang Zhihui to persuade Wu Guoxing to leave.”

“At the same time, Wang Yuan did not expect that Wu Guoxing would actually dare to kill someone.”

“…In other words, Wang Yuan could not be said to have foreseen Wu Guoxing’s killing of Fang Zhihui.”

“Since it cannot be foreseen, there is no need to remind the other party of wisdom.”

“The second one is the entire process of Wu Guoxing’s crime as charged by the prosecutor.”

“We still maintain our original point of view: During this process, Wang Yuan knew that Wu Guoxing was coming for her. The main reason why she could not close the door was to avoid Wu Guoxing from harming herself, so she adopted a risk-averting method.”

“There is nothing subjectively or objectively wrong with this hedging method of protecting oneself, right?”

"Because Wang Yuan knew that Wu Guoxing was coming for her, and Fang Zhihui was outside the door, opening the door and letting Wu Guoxing in would have a very high probability of causing harm to Wang Yuan."

“Wang Yuan’s subjective point of view is that Wu Guoxing and Fang Zhihui don’t have much hatred or conflict, so she wants Fang Zhihui to persuade Wu Guoxing to leave. There is no problem with this subjective factor.”

“Wang Yuan subjectively believes that Wu Guoxing’s criminal behavior did not occur because Fang Zhihui persuaded Wu Guoxing to leave.”

“That is, it is also impossible to foresee that Wu Guoxing will commit criminal acts.”

"in addition."

"In medicine, there is a situation called stress reaction, which means that when Wang Yuan learned about the specific situation outside the door, she didn't know what kind of treatment she should do for a while, which led to certain consequences in her actions. It’s not objective and rational.”

“Ten minutes after committing the crime, it does not mean that Wu Guoxing left the door of the rental house, so not opening the door was still a risk-averse situation for Wang Yuan.”

“Based on the above conditions, we believe that Wang Yuan did not cause Fang Zhizhi’s death due to negligence.”

“Presiding judge, our statement is complete.”

 Wei Hao’s statement was very simple. It was to refute the various objective facts raised by the prosecutor based on Wang Yuan’s subjective behavior.

 The factual basis and relevant content proposed by the other party are not established.

 In fact.

 There is no problem if the argument is based on the subjectivity of the parties involved.

 After all, the subjective opinions of the parties concerned are always in their own favor.

 So in this kind of discussion, it is necessary to attack the opponent from an objective perspective.

Su Bai smiled after listening to Wei Hao's statement.

 From Wang Yuan’s subjective point of view.

 There is indeed no problem.

But you only talk about subjectivity and not objectivity, right?

 Speaking from objective factual basis.

So.…

Wang Yuan’s behavior constituted negligence causing death.

 Because in the crime of negligence causing death, from an objective point of view.

There are three points:

  (1) The perpetrator has an act that causes death.

  (2) Objectively, a fatal result must occur.

  (3) There is a causal relationship between the perpetrator's negligent behavior and the victim's death.

 About these three objective factors that lead to death due to negligence.

 Wang Yuandu has reached the conditions.

　　It would be impolite to continue to answer harshly.

 The next points of defense are basically from these aspects. Basically, there are no problems.

Wang Kai’s statement just now was also based on these aspects.

　　But the expression is not clear.

Su Bai raised his head and looked at the presiding judge's seat, waiting for the presiding judge to summarize the defenses of both parties.

 PS: Please give me a monthly ticket~

 (End of this chapter)