As a Lawyer, You Sent the Judge In?

Chapter 183 Judge: Two years in prison? At least three years to start!

 The adjournment stage.

 The most nervous ones are Wu Guoxing’s parents and Wang Yuan’s parents.

Because this trial is about whether Wu Guoxing and Wang Yuan will face serious criminal penalties,

 Wu Guoxing’s parents are okay...

 After all, the defense lawsuit just now was against Wang Yuan.

Even if Wang Manhua doesn't understand the law, it can be seen at the court hearing that the questioning just now was very unfavorable to Wang Yuan.

No matter how you look at it, the trend is to send Wang Yuan in.

Wang Manhua looked at Wei Hao nervously: "Lawyer Wei...why is the court adjourned now?"

"Judge...will he make a ruling when the trial begins?"

“Lawyer Wei...do you think we can win this lawsuit?”

 Wei Hao sorted out the litigation materials in front of him, frowned slightly, and turned his head to look at Wang Manhua.

“The adjournment is a collegial bench and some discussion of this litigation is required.”

"This lawsuit... I don't know whether I can win or not."

“It is estimated that the court still needs to hear the statements of the two parties.

The sentence has not yet been determined, and the verdict will not be announced on the spot. There should be some small details that need to be discussed regarding the sentence.

 However, the specific situation is beyond our control, and it still needs to be judged by the judge and trial members. "

 “You ask me...I don’t know how to answer you.”

 “Okay, I understand, Lawyer Wei.”

 “Thank you, Lawyer Wei.”

Hearing Wei Hao's perfunctory and inaccurate answer, although Wang Manhua was a little unhappy, he still expressed his gratitude verbally.

.

 ….

the other side.

Wang Yuan sat in the defendant's seat, looking nervously at the bailiffs on both sides of her.

 I feel scared about my future.

Should she really be sentenced to death?

.

 …

 But she is only in her early 20s now, which is her best age. If she is really sentenced...

Then if she goes in and stays for two years, won’t it be all over?

Wang Yuan looked at her parents.

Xu Li couldn't bear the pain when she saw her precious daughter in pain.

I also want to go to Xie Jingmei to beg for mercy.

but.…

Su Bai stood up and said a few words to the staff on the side, who stopped him directly.

.

 ….….

at the same time.

 In the collegial court discussion room.

Three members of the collegial panel, Zhou Guangyu, Yang Qifan, and Li Peng, discussed various matters in this case in more detail.

 The most important ones are the specific sentencing for Wu Guoxing, whether Wang Yuan’s case constituted negligence causing death, and whether the sentence recommended by the prosecutor is appropriate.

 The three of them sat opposite each other, sorting out the relevant litigation materials about the trial and the defense statements made by each party.

 After Zhou Guangyu finished sorting out the relevant content at hand, he raised his head and looked at Yang Qifan and Li Peng.

“Do you have any opinion on revoking Wu Guoxing’s first-instance judgment in this trial?”

“Isn’t this already confirmed? There is definitely no objection to revoking the first-instance judgment.”

“Before the trial started, we had already conducted some research on the case, and there were indeed certain loopholes in the first instance.

 The sentence was too light.

The key thing is that during this trial, the litigant has already raised the fact that Wu Guoxing did have serious criminal circumstances.

 The defendant did not have any strong rebuttal. "

“There is no problem in revoking the first-instance judgment. The key thing is the sentence given to Wu Guoxing.”

“Should it be a fixed-term prison sentence or a life sentence.

 After determining this point, we can further consider whether the sentencing recommended by the litigant is too low and whether Wu Guoxing is likely to receive a suspended death sentence. "

“I think this is the factor we should consider.”

“Well, I think what Qi Fan said is very reasonable. Regarding the criminal suspect Wu Guoxing, the most important thing is his sentencing.”

“The circumstances of intentional homicide are serious, and the person who killed was a strange woman. Due to his own personality factors, he committed the murder violently. In this case, he should be sentenced harshly. There is no problem in this.”

“It’s just a matter of raising the sail... The litigant only proposed life imprisonment, but you also want to receive a suspended death sentence. Are you going to be the living king of hell?”

Li Peng joked with a smile.

Yang Qifan smiled: "Don't we need to consider a variety of situations?"

“Although the litigant proposed a life sentence, our court’s decision should be based on the facts.”

 “Hmm! That’s right!”

Zhou Guangyu nodded.

“Wu Guoxing’s judgment took into account the issue of prison term, and there is no objection to the determination of more serious circumstances.”

 “What about Wang Yuan?”

“How should Wang Yuan’s fault lead to death?”

Zhou Guangyu looked at the other two people and asked.

Li Peng was silent for a few seconds and then said:

“Wang Yuan’s negligence caused death. According to the performance of both parties, the objective facts of the litigant are relatively sufficient, and Wang Yuan cannot refute it from the subjective aspect.”

“From Wang Yuan’s specific subjective point of view, it cannot be verified, but objectively, how can I say..."

“Wang Yuan’s behavior and Fang Zhihui’s death have a causal relationship in terms of criminal liability.”

“Wang Yuan’s judgment mainly depends on the amount of responsibility she bears.”

 “What do you two think?”

"Well, I agree with this point of view, and I also think it may be that the prosecutor did not understand this case in detail enough. The recommended sentence is only two years. I think Wang Yuan should bear the main criminal responsibility in this case, resulting in A heavier plot.”

“According to the range of sentences for the crime of negligent causing death, if there are serious circumstances, the sentence should be between 3 and 7 years. The two-year sentence recommended by the prosecutor is obviously not appropriate.”

"Um?"

 “How do you determine that this has serious circumstances?”

Zhou Guangyu looked at Li Peng and asked.

Li Peng said: "First of all, Wang Yuan did not inform Fang Zhihui of the specific situation outside the rental house at that time, and intentionally asked Fang Zhihui to come and dissuade her. At this point, her subjective motives are difficult to determine."

“And why didn’t she call the police?”

"This point has been raised by the litigant." "Presiding judge, please take a look at the information submitted by the litigant on this aspect."

“Judging from the information submitted by the litigants.

The information emphatically states that from Wu Guoxing to the rental house where Wang Yuan and Fang Zhihui lived, how long did it take from the time when Wang Yuan knew about the incident to when Wang Yuan made the emergency call? "

 “Stayed for more than 30 minutes, nearly 40 minutes.”

“According to the fact that women are psychologically more fragile, but no action was taken for 40 minutes, this is obviously very unreasonable.”

“Obviously Wang Yuan did not tell all the facts at the trial.”

"also."

“Actually, if Wang Yuan and Fang Zhihui didn’t have any conflicts, and the investigation of Wu Guoxing was verified, I suspect that law enforcement would completely investigate this case as intentional murder.”

"So in terms of negligence, Wang Yuan has serious negligence and subjective suspicion of intentionality. I think her sentence should be more than three years."

Yang Qifan took over at this time: "Actually, I think so too."

“However, the prosecutor proposed a two-year sentence. If we impose this sentence, I don’t know if the prosecution will raise other issues.”

"hehe.…"

"You two have conflicting ideas with mine. This time the court is adjourned, the main discussion is about the prison term."

“Wang Yuan’s sentence is indeed a point that needs to be considered.”

“Well, let’s first listen to what the litigants think about this issue.”

“If it is determined to be a serious matter at that time, it will be dealt with according to what we discussed.”

"good.…"

"Can."

Yang Qifan and Li Peng nodded at the same time.

.

 ….….

 The court adjourned soon, and when the time was over, the members of the collegial panel once again took their seats on the court hearing table.

 The trial continued amidst the re-opening of the court by the clerk.

 With the detailed discussions in the discussion room with Yang Qifan and Li Peng, Zhou Guangyu, as the presiding judge, had a clearer idea about this case.

　　咚咚!

 The gavel struck.

Zhou Guangyu looked at Su Bai at the litigant’s seat and said:

“The adjournment is over, and the verdict against Wu Guoxing is life imprisonment as proposed by the litigant’s attorney.”

“What is the basis proposed by the litigant’s attorney?”

 Sentence term!

 The issue of prison terms arises.

Su Bai raised his head slightly and looked at the presiding judge's seat and said:

“Presiding judge, our basis is intentional homicide resulting in death. If the sentence is based on more serious circumstances, the sentence should be more than ten years in prison.”

“There is not much enmity between Wu Guoxing and Fang Zhihui, they are just mutual acquaintances.

 Wu Guoxing’s criminal behavior by Fang Zhizhi was entirely due to his own factors. . "

“Although Wu Guoxing reported to the police and surrendered after the incident, it is an established fact that he caused Fang Zhihui’s death.”

 “We have no understanding for it.”

“Based on the above, we believe that he should be sentenced to life imprisonment.”

 The difference between intentional homicide, death penalty and life imprisonment lies in whether it is a cruel killing and whether it is a premeditated killing.

  and make judgments based on some scenarios.

 The most important relationship is whether there is a plot to surrender.

 Under normal circumstances, if there are circumstances of surrender, a reduced sentence will be taken into consideration during the trial.

 The death penalty will definitely be rejected if there are circumstances surrounding surrender.

 So Su Bai proposed a sentence of life imprisonment.

　　咚咚!

Su Bai finished his statement, the presiding judge banged his gavel and looked at the defendant's litigation attorney.

At this time, both Wu Jianlei and Li Xin looked nervous, and Li Xin kept speaking in a low voice.

"Lawyer Ye...you must help us properly...lawyer fees and so on, everything is easy to negotiate. As long as my son gets a lighter sentence or upholds the first-instance judgment, I will pay you as much as you want."

Wu Jianlei also looked at Ye Hua anxiously. Although he did not speak, he did not stop Li Xin.

 Ye Hua sighed slightly and said in a low voice: "I'll try my best."

Zhou Guangyu set his sights on Ye Hua:

“Does the defendant’s attorney have anything to say or add to this claim raised by the litigant?”

 In fact, Ye Hua knew very well that there was nothing to add to the questions raised by Su Bai.

ˆIf you want to supplement the sentence from other places, it will be difficult to be adopted by the members of the collegial panel.

So we can only make a regular supplement to the lawsuit: "Presiding judge, we have something we want to continue to state."

“First of all, it’s the criminal situation against our client Wu Guoxing.

Wu Guoxing's crime was carried out in a very emotional situation at the time. The original intention was not to murder Fang Zhihui. "

“It is an impulsive crime committed under a coincidental circumstance.”

 “The original intention was not to kill Fang Zhihui.”

“Furthermore, the first thing Wu Guoxing did after committing the crime was to surrender, which was an act of frankness and leniency.”

“We believe that the verdict against Wu Guoxing should be considered from these two aspects.”

 “President, I have finished my statement.”

　　咚咚!

“The defendant has finished his statement, Wu Guoxing, as the party concerned, do you have anything to say?”

Wu Guoxing glanced at his parents at the defendant's seat.

 Shaked his head: "Presiding Judge, I have nothing to say."

"OK."

　　咚咚!

 The gavel fell and a dull sound sounded, which meant that there were no other issues with Wu Guoxing's life sentence.

 The next step is Wang Yuan’s sentencing plea.

As for Wang Yuan’s sentence plea, it is also very simple.

 It only needs to be determined...whether Wang Yuan's negligent behavior belongs to a serious circumstance.

 PS: Please give me a monthly ticket~

 (End of this chapter)