As a Lawyer, You Sent the Judge In?
Chapter 234: Come one by one, no one can escape!
Chapter 234 Come one by one, no one can escape!
At the judgment seat.
Wang Lei briefly summarized the current plea in his mind.
And waited for Fang Tang to reply.
Looking at Fang Tang, Wang Lei could clearly feel Fang Tang's nervousness, so he asked again:
“Does the defendant Fang Tang have anything to say?”
Fang Tang remained silent.
Wang Lei frowned slightly and looked at Dong Bing: "Does the defendant Dong Bing have anything to say?"
Dong Bing remained silent as usual and did not answer Wang Lei's inquiry.
Wang Lei continued: "Is the defendant party remaining silent out of acquiescence or because he doesn't know how to answer these questions?"
“Please ask the defendant to answer.”
default.…?
Facing Wang Lei’s words, Fang Tang didn’t want to be blamed by default, so he immediately spoke:
“President, we don’t know how to answer this question. We have no way to answer this question.”
“There is no way to answer? Why is there no way to answer?”
“Are you afraid that your sentence will be increased in the future, so you refuse to answer these questions?”
“You just need to say what you felt at the time, otherwise through your silence, the court has the right to consider what the prosecution said.”
Wang Lei asked step by step, which made Fang Tang a little unable to bear it. Now he had to answer.
Take a deep breath.
Fang Tang replied: "President, we didn't think that much when we announced it to the public."
“There is no question of evading responsibility.”
“I’m just saying that I’m afraid of any negative impact from public opinion. This is my response to the outside world for the time being.”
“In the future, we will definitely bring Xu Feng and others to justice. We have no intention of evading responsibility, nor do we have the intention of Xu Feng and others evading legal sanctions.”
“That’s what we were thinking at the time.”
Su Bai raised his hand and said, "Then why did you collude with Xu Feng and others and give false testimony?"
“In the future, you will definitely bring Xu Feng and others to justice. How should we bring them to justice?”
“This is not a reason to claim that Lin Dong died of a sudden heart attack!”
“Because this reason is full of logical errors, the law not only pays attention to the formal causal relationship, but also pays attention to the logical relationship.”
“Defendant Fang Tang, do you believe what you say? Is there any logical relationship between it?”
Fang Tang was silent….
He himself is lying and looking for excuses to shirk his responsibility.
Faced with Su Bai's question, he didn't know how to answer.
Can only be silent.…
In fact, his thoughts at the time were not much different from what Su Bai stated.
Be able to commit perjury with the intention of evading one's own responsibility.
Then it is definitely necessary to reduce the legal punishment for Xu Feng and others.
It’s just….
What happened next was far beyond what he and others expected.
.
….
At the judgment seat, Wang Lei banged the hammer and did not continue to ask any more questions.
In his opinion, the trial is almost over.
The chain of evidence is conclusive.
Subjectivity is proven by facts.
The defendant could not produce any useful evidence to prove the case and was still talking nonsense without any factual basis with legal basis.
Who else should he be judged for?
The court has entered the adjournment stage.
Members of the collegial panel leave the meeting.
In the trial court, Su Bai was sorting out the litigation materials with a smile and glanced at the defendant.
There are as many as five defendant parties, based on what he just said subjectively.
About the judgments of these people... have been roughly analyzed.
.
….
At the side, Li Xuezhen whispered: "Lawyer Su... I think these five people should be sentenced to a harsher sentence."
“I remember that there was a case similar to this case before. The principal culprit was sentenced to death..."
“Will this case result in the death penalty?”
“Ahem…”
You are treating this as the king of hell, right?
Su Bai had a certain impression of the case Li Xuezhen mentioned.
That case is very different from this case.
If this case wants to be sentenced to death.
The prerequisite is that Fang Tang personally participated in the beating of Lin Dong and caused the death of the victim before he would be sentenced to death.
Like this case... there is no objection to the verdict of negligence causing death.
but!
The court may not be able to determine intentionality.
Because the court considers it from multiple perspectives and also needs to take into account other objective factors...
“No, that case involves different circumstances than this case.”
Su Bai opened his mouth.
"profound."
Li Xuezhen nodded and said nothing more.
On the other hand, Xu Feng and others in the defendant's seat had calm expressions, waiting for the verdict to be announced.
Corresponding to them are Fang Tang and Dong Bing, with anxiety written all over their faces.
Worried that the court’s sentence against them would be too harsh….
They also realized that in this trial, the two of them had no room for rebuttal. Unconsciously, he looked at his client lawyer, Zhang Tao.
Zhang Tao noticed the gazes of the two people, turned his head slightly, and said nothing.
Originally, he had reminded the two of them that it would be better to defend the sentence reduction, but since his client did not agree, there was nothing he could do. The trial reaching this point all depends on the discussion of the collegial panel members.
.
….
In the collegial court discussion room.
Wang Lei looked at the other two members of the collegial panel, Xie Hongwei and Li Xia.
Xie Hongwei and Li Xia have a relatively deep understanding of criminal matters.
The main research is on intentional crimes and negligent crimes.
Wang Lei looked at the two men with a smile and said, "How should this case be judged?"
“I have no objections to the judgment of Xu Feng and others. What I am talking about is mainly for the defendants, Fang Tang and Dong Bing.”
Li Xia has done in-depth research on criminal negligence. Faced with Wang Lei’s inquiry, she spoke directly:
“I don’t think there is any problem in determining criminal negligence in this process.”
“The defendants, Fang Tang and Dong Bing, meet all the conditions for a crime of negligence. I think they should be convicted of a crime of negligence.”
“Criminal negligence? I think it should be defined as intentional. Let’s not talk about anything else. Let’s talk about why the announcement said that Lin Dong had a sudden heart attack.”
“Fang Tang and Dong Bing cannot give an explanation for this, and based on Xu Feng’s confession, it has been shown that Fang Tang took the initiative to provide perjury.”
“Based on this situation...it is difficult to determine Fang Tang’s subjectivity, and it was not intentional.”
Xie Hongwei tends to be subjective and intentional.
But at this time, Li Xia expressed her opinion again:
“But have you ever thought about a question….The expression of subjectivity is specific to the specific scene in the situation.”
“Subsequently, Fang Tang filed perjury and colluded with Xu Feng and others to confess, and it was also announced that Lin Dong died of a sudden heart attack.”
"This is all what happened later. According to the situation at the time, Fang Tang was very angry with Lin Dong, so he threw a wooden stick and asked them to continue beating."
“He didn’t foresee that Xu Feng and others might pose a death threat to Lin Dong, right?”
After Li Xia stated this point of view, Xie Hongwei immediately refuted and only asked two sentences:
“Why did he throw the wooden stick and why did he let them continue to beat him? Xu Feng and others were on top at the time, and they had no intention of beating Lin Dong to death, but why did they still judge Xu Feng and others as intentional injury?”
“In this case, Fang Tang and others were intentional. This is an irrefutable fact!”
Xie Hongwei couldn't help but retorted to Xu Xia.
Xu Xia did not continue to speak, but looked at Wang Lei.
Wang Lei smiled and shook his head.
“I’ve listened to both of your opinions, and you both have different opinions for the time being, right?”
Neither Li Xia nor Xie Hongwei spoke.
In fact, there is nothing wrong with the expressions of the two people, but the angle of entry is different.
Facing this situation, Wang Lei smiled and put forward his own point of view:
“I agree with Xie Hongwei’s point of view.”
“Mainly based on one condition—do you still remember what Xu Feng said in his confession?”
“Xu Feng’s confession said that when Fang Tang threw the stick, he asked them to have a good fight and resolve the conflict properly.”
"This means that Fang Tang's subjective will can foresee that several people will have conflicts."
“From this point, combined with other objective factors, intentionality can be determined.”
“Li Xia, can you understand?”
Hearing Wang Lei's words, Li Xia nodded silently: "Understood..."
“It’s just...it’s OK to determine negligence in this case.”
“Of course negligence can be determined, but there is no problem in determining intentionality.”
Facing Wang Lei's opening, Li Xia remained silent without saying anything more and agreed with Wang Lei's point of view.
.
….
at the same time.
During the deliberations of the collegial panel, in a community in Xiushui District.
Li Xiong and a man sat opposite each other and watched the live broadcast of the trial.
Li Xiong sighed deeply: "Look at the commotion of this court trial. Now the Internet is full of accusations against us, saying that we released false announcement information and wanted to help Xu Feng and others escape their crimes."
“At the beginning, I said that we cannot take responsibility for what Fang Tang and Dong Bing committed. Look at the big trouble now. What should we do?”
The man opposite also had a headache and rubbed his eyebrows vigorously: "What else can I do now?"
“We can only take one step at a time, and at most we will give you one punishment.”
“How about sending the two of us in?”
Li Xiong said: "What about the surveillance video? Destroying the surveillance video is equivalent to destroying evidence!"
“The surveillance video was destroyed by Fang Tang and Dong Bing, but we didn’t do that.”
Li Xiong waved his hand: "Okay, okay, but when it comes to the supervision and review, we have already agreed on what we should say, so we don't have to bear a big penalty and get ourselves sent in!"
“I know! Don’t worry!”
Hearing this, Li Xiong felt a little relieved, but he was still a little nervous.
after all.…
The focus of public opinion now is why they announced that Lin Dong died of a heart attack.
If the supervision and review department continues to investigate according to this, they will be held accountable.
So.…
They can't run away!
PS: Please give me a monthly ticket~~
(End of this chapter)
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