As a Lawyer, You Sent the Judge In?

Chapter 182 Prosecutor: I was careless. I would have applied for a ten-year prison sentence if I had known.

 The judgment seat.

 At the seat of the presiding judge.

Zhou Guangyu briefly organized the defense lawsuits of Wang Kai and Wei Hao.

 The subject of a debate between two people.

 They are all pleas based on whether there is fault or not.

 The key contents have been sorted out.

Zhou Guangyu banged the gavel: "As to whether Wang Yuan committed negligence causing death when Wu Guoxing performed criminal acts."

“Both the prosecution and the defense have made preliminary statements.”

“Does the litigant have anything to add?”

Su Bai raised his hand and said, "There is a presiding judge."

“Presiding judge, we need to supplement the relevant questions raised by the prosecutor and state the objective facts.”

　　咚咚!

 “Then you can start making supplements.”

“However, you need to remember that it must be based on objective implementation conditions, and you cannot infer objective conditions through what you consider to be subjective.”

 “Okay, presiding judge.”

Su Bai nodded and placed the key contents and related materials he just recorded on the table in front of him.

 Start a statement.

“Our view is the same as that of the prosecutor, and we believe that Wang Yuan committed negligent behavior that caused death.”

“Furthermore, we do not accept the argument put forward by the defendant’s litigation attorney and the application is dismissed.”

“The following is our supplementary statement and statement of opinions.”

 “According to the prosecution’s statement.”

“One of the statements is that Wang Yuan was worried that Wu Guoxing would cause harm to herself, so she left Fang Zhihui outside the rental house to face Wu Guoxing alone..."

 “This point is supported by factual basis.”

 “According to this.”

“Obviously, Wang Yuan knew Wu Guoxing’s criminal intention.”

“Since Wang Yuan knew Wu Guoxing’s criminal intent, why did she leave Fang Zhihui outside the rental house and face Wu Guoxing with criminal intent alone?”

“The defense attorney’s explanation is that Wang Yuan did not think Wu Guoxing really dared to kill anyone and believed in her heart that Wu Guoxing came to look for her.”

“These are Wang Yuan’s subjective factors as explained by the defendant’s litigation attorney.”

 “So what about from the perspective of objective factors?”

“First of all, it is based on the evidence provided by the prosecution and law enforcement parties.”

“Wu Guoxing has appeared at the door of Wang Yuan and Fang Zhihui’s rental house for nearly seven or eight minutes. At this time, Fang Zhihui has not returned yet.

And he has violently knocked on the door of the rental house, insulted him, and had the intention of committing criminal acts. "

 “Displays violent tendencies.”

“During these seven or eight minutes, Wang Yuan and Fang Zhihui chatted. Wang Yuan knew in her heart that there was danger, but why didn’t she tell her about the situation during the chat?”

“During this process, most people’s idea is to tell their roommates or friends the specific situation, right?”

“Furthermore, Wang Yuan mentioned that she would ask Fang Zhihui to persuade Wu Guoxing to leave.”

"Fang Zhihui and Wu Guoxing are not familiar with each other. Why does Wang Yuan think that Wu Guoxing, with his violent personality and intention to commit crimes, will not commit crimes against Fang Zhihui?"

“Why didn’t Wang Yuan immediately notify Fang Zhihui of the situation outside the rental house?”

“Obviously, Wang Yuan’s behavior is not in line with ordinary people’s thinking patterns.”

"Based on the above objective behaviors and abnormal actions, can we infer Wang Yuan's psychological journey in the rental house at that time?"

 “Put it in.”

"Is it possible that Wang Yuan is in a rented house and has no good way to face Wu Guoxing's threat, so if she wants Fang Zhihui to come over and solve the problem, it would be best to persuade Wu Guoxing to leave."

“But I didn’t tell Fang Zhihui about the current situation. I was worried that Fang Zhihui would be scared, so I obscured the situation at that time.”

“The purpose of doing this is because Wang Yuan believes that she is safe in the rental house, and whether Fang Zhihui is in danger has nothing to do with her.”

"She doesn't care if Fang Zhihui is in danger..."

“Wang Yuan’s character is like this. She doesn’t care about the feelings of others and puts her own interests first.”

“This can be seen from the oral accounts of Wang Yuan’s friends, as well as the fact that Xie Jingmei and law enforcement wanted Wang Yuan to appear in court as a witness, but Wang Yuan directly refused.”

“So based on this character and Wang Yuan’s actions, this may be Wang Yuan’s real subjective thought, and other remarks are just statements made to evade legal responsibility.”

"in addition.…"

“What the defendant’s litigation lawyer described was all described from Wang Yuan’s subjective point of view, and was not stated from the objective facts.”

 “Based on the three objective factors of the crime of negligence causing death.”

“Wang Yuan meets both the first and second factors. Does the defendant’s litigation lawyer have any objections to this?”

Wei Hao frowned slightly. There was no need for any other defense.

 Because based on the evidence and Wu Guoxing's confession, after verification, Wang Yuan did meet both the first and second factors.

"no comment."

“But here, I want to emphasize that Fang Zhihui’s death has no legal causal relationship with Wang Yuan.”

  ? ? ?

  Whether there is a causal relationship is up to you?

Why do you use a subjective approach to talk about things every day?

The reason why you talk about things subjectively instead of using objective factual basis to make statements.

 It’s not because you know that from an objective point of view, Wang Yuan will definitely lose this lawsuit.

 So we have been discussing relevant legal issues from the perspective of Wang Yuan’s subjective factors.

 In fact, speaking only of subjectivity and not of objective facts is to be a hooligan.

 Subjectivity is demonstrated through objective implementation conditions, rather than what you say my subjectivity is.

If the presiding judge determines from your statement that what you are talking about is subjective, that is what it is, and does not demonstrate it through objective factors. Is that possible?

Totally impossible!

Faced with Wei Hao's words, Su Bai didn't bother to refute, but continued to make supplementary statements.

 “Discuss based on the third point from an objective perspective:”

“In this case, it refers to whether there is a corresponding causal relationship between Fang Zhizhi’s death and Wang Yuan.”

“First of all, Fang Zhihui’s death was a direct factor caused by Wang Yuan’s boyfriend at the time, Wu Guoxing.”

 “Before the crime.”

“Wang Yuan knew that Wu Guoxing might want to commit violence in that situation, so she still asked Fang Zhihui to dissuade Wu Guoxing, and did not inform Fang Zhihui of the situation at that time, which was a concealment of the facts.”

“In this case, should Wang Yuan be responsible for Fang Zhizhi’s death?”

“Criminal law causation is the connection between a person’s behavior and the harmful consequences.”

“If Wang Yuan had informed Fang Zhihui at that time and informed Fang Zhihui of the relevant situation, would Fang Zhihui have accepted Wang Yuan’s request?”

“Is there a certain chance that it won’t happen?”

“If Fang Zhihui is informed and Fang Zhihui accepts it, then Wang Yuan does not need to bear responsibility.

 Because Fang Zhihui acquiesced that his actions would not cause accidents or that he was responsible for his own actions. "

"However, Wang Yuan's situation was obviously a concealment and a deliberate failure to inform, which resulted in Fang Zhihui's death and gave rise to criminal law consequences."

“That is, Wang Yuan needs to bear the corresponding responsibility for Fang Zhihui’s death.”

 “Consisting negligence causing death.”

"at the same time."

“We still have several very important questions that we would like to raise and inquire about the defendant’s parties and the defendant’s litigation attorney.”

“First: Wang Yuan knew Wu Guoxing’s criminal behavior and intentions.”

 “Why didn’t you call the police?”

“Why did you contact Fang Zhihui immediately instead of telling the law enforcement officials to come and handle this complicated situation?”

"also."

“According to the description of the defendant’s litigation attorney, Wang Yuan did not check the other party’s intelligence within ten minutes after the incident, because she had a stress reaction.”

“So what kind of stress reaction occurred that caused Wang Yuan to forget to call the police and ambulance?”

 “What was Wang Yuan doing during these ten minutes?”

“Is it really an irrational and unobjective behavior under stressful circumstances?”

“According to a normal person’s thinking, even in a stressful situation, shouldn’t you call the ambulance or the police first?”

“Why didn’t you do these things within ten minutes when you were in a safe state?”

“This is not in line with the stress response of ordinary people.” “Please give the defendant answers to these points.”

“Presiding Judge, we have completed the supplement.”

Su Bai's supplement is a complete and clear description of all situations, from subjective to objective to legal criminal causation.

 At the same time, several questions were added.

These questions are all refutations of the defendant’s litigation lawyer Wei Hao’s subjective statement against Wang Yuan.

However, Su Bai did not question him. Instead, he threw the questions to the defendant and asked the other party to answer these questions to reject the other party's subjectivity from an objective perspective.

 You explain that Wang Yuan’s subjectivity is so-and-so, but why does this not conform to objective factors?

 You can't explain it.

So how do you prove that this was what you thought subjectively at the time, and that you did not deliberately say it later in order to avoid criminal liability?

 Although I have no evidence to prove what your subjectivity is.

 But I refute you from an objective perspective.

 If you are unable to answer, or your answer does not meet the question, then the presiding judge will not adopt your subjective opinion, but will judge your subjective opinion based on other objective facts.

This is the purpose of Su Bai's inquiry.

 After Su Bai finished his statement.

At the trial table, the presiding judge Zhou Guangyu roughly sorted out Su Bai's statement, and then looked at the defendant's seat after finishing the sorting.

“In response to the questions raised by the litigants, here are some of the more important questions to be asked of the defendant parties.”

“Is the defendant party ready?”

Wang Yuan looked up at the presiding judge, her expression a little nervous, but she still nodded: "Presiding judge, I'm ready."

"Um!"

"Then I will start questioning you now, but I need to remind you before questioning. If you intentionally conceal or fabricate facts, it will have a significant impact on the court decision."

 “You need to bear all the consequences.”

"do you understand?"

"clear.…"

After hearing Wang Yuan’s answer, Zhou Guangyu continued to speak:

"The first question is when you received Wu Guoxing's message and when Wu Guoxing performed violent behavior at the door of your rental house, such as hitting the doors and windows, which was very aggressive."

“Why didn’t you choose to call the police instead of letting Fang Zhihui dissuade you? Why didn’t you tell Fang Zhihui the specific situation and chose to conceal it?”

"I.…"

 “What I was thinking at the time was...”

Wang Yuan hesitated, not knowing what to say, because the situation at that time was indeed the same as what Su Bai said.

 She was safe inside, and the reason why she did not call the police or ask Fang Zhihui to dissuade her was because.

 She still has some feelings for Wu Guoxing and does not want to call the police and let law enforcement officers handle the matter.

 Because he is worried that if law enforcement officers come, it will cause unnecessary impact and trouble to Wu Guoxing.

 That’s why I wanted to ask Fang Zhihui to come over and persuade...

 But can she talk about this?

can not say.

Although she doesn't know much about the law, if she talks about this matter, it will be obvious that she must have made a mistake.

 If you make a mistake, you need to go to jail.…

 She doesn’t want to go to jail.

Wang Yuan's eyes averted, and she didn't know how to answer this question for a while.

Facing Wang Yuan’s hesitation, Zhou Guangyu continued to speak seriously: “Please ask the defendant to answer the question.”

“Presiding judge, I...I forgot what I was thinking at the time. It may be because I was too excited at the time, or it may be other reasons...”

 “Presiding Judge.…”

“I really forgot what I was thinking at that time, I can’t remember, I was too scared, and now I can’t even remember what it was like...”

This kind of excuse...

Zhou Guangyu glanced at Wang Yuan lightly.

 Generally speaking, there are only two situations where you refuse to make a statement. One is that you really can’t remember it.

There is another kind of person who does not want to say it, but is afraid that the false facts will be exposed and will bear corresponding responsibilities in the future, so they evade and say that they can't remember.

Wang Yuan’s current situation is obviously the second one.

Zhou Guangyu continued: "What you mean is that you can't refute the issues raised by the litigant, right?"

Wang Yuan looked embarrassed and wanted to refute, but she couldn't find a suitable reason for a while.

 I am more worried that if I say anything casually, I will bear the corresponding consequences.

　　咚咚!

Faced with this situation, Zhou Guangyu did not continue to ask, but banged the gavel and asked another question.

“I would like to ask the defendant, after you committed the crime in Wu Guoxing, why did you not open the door to take a look at the situation outside, or call the police or ambulance within ten minutes?”

“Did you know that Wu Guoxing committed a crime at that time?”

 “What were you thinking at that time and why did you do such a thing?”

"I...I knew that Wu Guoxing had committed a crime, but I was too scared at the time. I was afraid that Wu Guoxing had not left and that he was still waiting for me outside, so I didn't open the door."

"I didn't call the ambulance because I didn't know what the situation was..."

“In that case, I was very anxious, but I couldn’t turn my head around for a while, because I had never faced such a thing before,”

 “President...I really didn’t mean it.”

 “President, please believe me...”

Facing Wang Yuan's words, Zhou Guangyu said calmly: "Whether I believe it or not, you need objective facts to determine it. You need to provide evidence to make me believe you."

 “Do you have relevant evidence?”

 One sentence stopped Wang Yuan from making another request.

　　咚咚!

 The gavel struck.

Zhou Guangyu’s eyes circled around the court hearing.

“As to whether Wang Yuan committed a criminal act of negligence causing death, do the parties have any other factual basis or evidence that needs to be stated?”

Wang Kai: “No.”

　Su Bai: “No.”

Wei Hao frowned slightly: "No."

　　咚咚!

“Since neither party has any other factual basis or evidence that needs to be stated.”

 “Now let’s go to adjournment.”

　　咚咚!

The dull sound of the hammer fell, and the trial plea was suspended and entered the adjournment stage.

　　　…

Su Bai breathed a sigh of relief and looked at the defendant with a smile.

 The plea is almost over here.

Now we just need to wait and the members of the collegial panel will discuss how to decide this case during the adjournment stage.

 At present...

 According to objective factors, there is a legal causal relationship between Fang Zhihui’s death and Wang Yuan.

 It is inevitable to sentence her!

only.…

 Perhaps the sentence requested by the prosecutor is a bit light.

Wang Kai: I originally thought this sentence was adequate.

 But I didn’t expect that this time the defense would have room for further improvement.

                                   .

 I should have known I would have applied for a ten-year prison sentence.

 Whether the court will rule or not is one thing, but within the corresponding application rules, he can apply!

During the recess, Li Xuezhen’s eyes were shining.

 PS: Please give me a monthly ticket~

 (End of this chapter)