As a Lawyer, You Sent the Judge In?
Chapter 376: Final penalty! Interrogative statement, you take it for granted
Chapter 376 The final penalty! Questioning statement, what do you do with your life? ! (little hot blast)
During the recess.
The bailiff was guarding Wang Fang, who was sitting on the bench, constantly thinking about his future.
It is said to be the future, but in fact there is no future.
Her future is to serve a few years in prison and then her pension will be gone.
Lost the main source of income.
to be honest.…
Today's scene was something Wang Fang had never expected.
Now during the adjournment, Wang Fang can only sit on the bench, secretly hoping that the court will give her the verdict she expects.
the other side.
The audience watching the public trial is also waiting for the hearing to begin after the adjournment is over.
At the same time, they are also constantly discussing this case and the penalty that will be sentenced in the end.
Discussing what the specific prison term Wang Fang might be.
“The court is adjourned now, and the verdict will be announced after the court statements are completed.”
“Is there anyone who can guess what kind of penalty will be given in the end?”
“It’s not clear. According to the domestic criminal law, the crime of dereliction of duty depends on the circumstances. The main core content of this dereliction of duty is the abuse of power, causing losses to public property or national individuals.”
“The crime is less than three years if the circumstances are minor, and more than three years if the circumstances are serious.”
“What kind of punishment will be imposed mainly depends on whether the circumstances are lighter or more serious.”
“Based on this case, it is very likely that one of the circumstances will be more serious. After all, the influence of this case is too great and the behavior is very evil.
Wang Fang’s case detection rate has been 100% over the years.
To be honest, apart from Xu Xingwang’s case, I don’t know how many other cases have been judged because of this.
A situation must be determined to be serious! "
Some members of the audience spoke, and many others echoed.
"Yeah.…"
The audience watching this court hearing discussed this case very enthusiastically and with great enthusiasm.
In the collegial court discussion room.
Li Qingyuan was sitting on the sofa, facing two other judges, discussing whether the case should be considered serious.
“I think this case should be sentenced to a relatively minor case. Why?”
“After all, this case has been going on for more than 20 years. When the death penalty was suspended, it is estimated that the judges at that time also considered the qualitative issue of this case.”
“Otherwise, he would definitely be sentenced to death through robbery and intentional homicide, which would result in death.”
“However, in this case, Wang Fang did something wrong, and it involved serious dereliction of duty. I personally think that he should be sentenced to two years and six months in prison, and the sentence should be raised if the circumstances are less serious.”
"This is my opinion."
Wang Shui, as one of the judges of this collegial panel, expressed his views on this case and Wang Fang.
However, after Wang Shui stated his opinion, Li Qingyuan frowned slightly.
Hand without waiting for Li Qingyuan to reply.
Another judge also expressed denial of this view.
“Whether the circumstances are serious depends on the consequences.”
“The suspended death sentence in this case is a court decision, but under normal circumstances, it already constitutes a death sentence.”
“Broken-in, robbery and murder, as judges, we should know how serious this characterization is, right?”
“If I don’t say 100%, most of them will be sentenced to death!”
“In this case, Wang Fang must have known that breaking and entering, robbing and killing would result in the death penalty, and she also falsely accused Xu Xingwang of being a criminal suspect.”
“The sentence of suspended death for Xu Xingwang is a matter decided by the court.”
"But from Wang Fang's point of view, did she know that Xu Xingwang might be sentenced to death? She definitely knew. Just by looking at this, she was already suspected of serious circumstances."
to be honest.
It means that Wang Fang knew that if someone broke into a house, robbed and killed someone, he would definitely be sentenced to death if nothing else happened.
Even though Wang Fang knew that Xu Xingwang might be sentenced to death, he still decided that Xu Xingwang would fight the crime.
Is this of a bad nature?
Very bad!
From Li Qingyuan’s perspective, Li Qingyuan actually supports the latter.
Because from Wang Fang’s subjective point of view, he did it knowingly.
This is using the life rights of others to achieve one's own ends.
This is completely trampling on other people’s lives!
This kind of situation must constitute a bad case!
Facing the mutual statements between the two, Li Qingyuan nodded slightly: "Let's discuss it from Lao Feng's perspective."
“My opinion is that the circumstances are serious.”
“After all, from Wang Fang’s subjective point of view, this case is very serious.”
“But the specific sentence can be discussed further.”
Lao Feng nodded slightly after hearing Li Qingyuan speak.
"OK."
“I don’t have any opinion.”
Facing the unanimous opinions of Li Qingyuan and Lao Feng, Wang Shui quickly changed his own views.
Expressed his support for a heavy sentence.
The three members of the collegial panel continued to discuss the specific sentence.
.
….
The court adjourned soon and resumed again.
Li Qingyuan sat on the bench, briefly sorted out the opinions just discussed, and then looked at the various seats in the courtroom.
“The adjournment is over and the trial continues.”
“Now the final part of the court begins, the court statement.”
“Please ask the prosecutor to start making court statements.”
In this case, Wang Lixuan, as the public prosecutor, has been accusing Wang Fang of criminal misconduct.
Now that the presiding judge has made a judgment, what he needs is to supplement the plot and various aspects.
Facing the presiding judge asking the prosecutor to make a court statement, Wang Lixuan said:
“Okay, presiding judge, the prosecutor’s statement is as follows.”
“In this case, the facts of Wang Fang’s crime are clear and the consequences are clear.”
“The victim Xu Xingwang was given a suspended death sentence.”
“According to the relevant provisions of the law, if serious damage is caused to public property or individuals due to dereliction of duty, the circumstances shall be determined to be serious.”
“In this case, the prosecutor believes that Wang Fang has committed serious crimes of dereliction of duty.”
"based on above."
“The prosecutor recommended a sentence of four years and six months in prison.”
“The prosecution has completed its statement.”
The prosecution's statement was very brief. It only stated the objective facts, whether the circumstances were serious, and the sentence.
There is not much else to say about the others.
After the prosecutor's statement, Li Qingyuan looked at the defendant's lawyer's entrustment seat at the trial table.
However, regarding the relevant circumstances of Wang Fang’s case, Zhang Liang gave Wang Fang the right to make statements.
after all.…
Just now when Zhang Liang asked Wang Fang to plead guilty and accept punishment, a wave of conflicts broke out.
Based on his understanding of Wang Fang, Zhang Liang concluded that this court statement, if made by himself, would not satisfy Wang Fang.
It is very likely to cause inconvenience to yourself.
So simply let the defendant make a statement in court.
Facing the court statement, Wang Fang said: "Presiding judge."
"I don't know if it's too late for me to plead guilty and accept punishment. This case happened 23 years ago." "I know I made a mistake, and I made a very serious mistake."
"But I still hope that I can be given a chance based on my attitude of admitting guilt and accepting punishment."
“Actually, at the beginning, I really had no other choice, so I did this.”
“I have forgotten many of the details and my thoughts at the time. I don’t know why I had such thoughts in the first place. Now that I think about it, I regret it very much.”
“So I hope the presiding judge can take this into account and lower my sentence.”
“This is my statement.”
After all, Wang Fang's statement was intended to allow the presiding judge to give him a lighter sentence.
What is said about regret and remorse? In fact, in court statements, apart from being able to calm one's mind or express one's guilt, it has no other big effect.
Only you know best if you will not regret it in the end.
The presiding judge and the collegial panel only look at what behavior was done and what objective facts were done.
Hence, the members of the collegial panel did not express much response to Wang Fang’s statement.
After listening to Wang Fang’s statement, Li Qingyuan spoke:
“Okay, the collegial panel has heard the defendant’s statement.”
“Now please ask the prosecutor to entrust a lawyer to make a statement.”
….”
Facing the presiding judge's words, Su Bai briefly organized the court statements.
The court statement mainly concerns the determination of the sentence.
The sentence is determined based on the circumstances.
To be honest, did Wang Fang make a mistake in this case? Is the plot serious?
It must have been done wrong and it is serious!
Even though he knew that Xu Xingwang was innocent, he still wanted to send Xu Xingwang in.
What if the court sentences not a suspended death sentence but a death sentence?
The case of burglary, murder, and death is likely to be sentenced to death.
If the law enforcement parties had sorted out all the evidence chains, Xu Xingwang would not be present at the court hearing today.
This case is over!
It has become a permanent case of unjust, false and wrongly decided cases. There may be only one 100% case detection rate recorded on Wang Fang!
Su Bai wondered whether Wang Fang, who was sitting in the defendant's seat, regretted that Xu Xingwang was only sentenced to a suspended death sentence, and whether he had hoped that Xu Xingwang would be sentenced to death.
But from another perspective...Wang Fang's behavior must be severely punished!
Organize your thoughts.
Su Bai began to make a court statement: "Presiding Judge."
“Our court statement is to ask the defendant to give us an explanation.”
“Let the defendant give us an explanation that he has been imprisoned for 23 years and sentenced to death with a suspended death sentence.”
“From the beginning of this case, Xu Xingwang’s appeal was very simple.”
“That is, he hopes that he can be innocent, and that the person he has served in prison for so many years in vain will receive the legal punishment he deserves.”
“This is what he wants.”
"is it hard?"
“To be honest, it’s difficult, but it’s not difficult either.”
“It’s not difficult to say, that’s from a legal perspective. It’s difficult to say, because it’s been nearly 23 years since he was wrongfully accused and imprisoned.”
“But as an innocent man who has been imprisoned for 23 years.”
“What do you hope for most? What you hope for most is to have your grievances washed away.”
“Thinking of this, I suddenly want to ask the defendant a question. When the defendant Wang Fangzai knew that Xu Xingwang was wrongly accused, why did he still insist on making Xu Xingwang bear this crime?”
“Of course, according to the objective facts, Wang Fang wanted to complete the task and solve the case.”
“But has the defendant ever thought about a question, that is, what is this crime?”
“The crime of burglary, intentional homicide and death!”
“The defendant should be very clear about how severe the punishment for this crime is, right?”
“The death penalty will be suspended, and there is a high possibility of a death sentence!”
“It is a serious crime among serious crimes!”
“In this case, the defendant still used illegal procedures to make Xu Xingwang bear this crime even though he knew how severe the punishment would be.”
“Defendant, what do you think of Xu Xingwang’s life?!”
“Is it a tool for your stepping stone?!”
Facing Su Bai’s questioning, Wang Fang looked calm and remained silent.
She didn’t know what she should say, but she knew what she said was wrong, so she could only remain silent about this.
Seeing this, Su Bai didn't say much, but chose to continue his statement.
“The right to life is equal for everyone!”
“This is a provision of criminal law.”
“Regarding this point, all parties in the trial, whether they are the attorneys, prosecutors or judges, are very aware of this.”
“If we don’t look at it from a legal perspective, how will the defendant’s actions be viewed in the eyes of ordinary people?”
“Xu Xingwang, the defendant Wang Fang, will be regarded as a stepping stone for promotion and fame, and at the cost of his life!”
“I don’t know what the defendant was thinking, and I don’t know whether the defendant did it temporarily, or did it out of confusion, or just wanted to do it.”
“But now that the result has been decided, we can fully believe that the defendant’s behavior has involved very serious circumstances.”
“At least that’s how we see it from our client’s point of view.”
“As the victim’s attorney, I also hope that the collegial panel can consider this issue from multiple aspects.”
“Then determine whether the defendant’s circumstances are serious.”
“The chief judge above is our court statement.”
Su Bai’s statement is inspiring.
At the judgment seat, all parties remained silent and silent.
After a while.
Li Qingyuan slowly knocked the gavel and said: "The collegial panel has heard the statement of the lawyer entrusted by the prosecution."
Then he turned to look at the other two judges. When he saw Wang Shui and Lao Feng, they both nodded slightly, and Li Qingyuan stood up.
“The courts of all parties have completed their presentations and now announce the verdict!”
Everyone stood up, all eyes focused on Li Qingyuan.
Li Qingyuan began to read out the verdict: "The cause of this case is to prosecute Wang Fang for dereliction of duty in an unjust case 23 years ago."
“The case will be heard by the Beidu Intermediate People’s Court of this court.”
“The current verdict is as follows:”
“Based on the testimony of witnesses and objective facts, the court found that Wang Fang violated the provisions of the criminal law and committed the crime of dereliction of duty.”
“And subjectively and intentionally, Xu Xingwang may be sentenced to death after knowingly breaking into a house to rob and kill, but he still uses his official power to convict him.”
"based on above."
“The court believes that Wang Fang is involved in serious circumstances.”
“Sentence Wang Fang to four years in prison!”
“And publicly apologize to Xu Xingwang...”
….”
As for the follow-up, Li Qingyuan also stated a number of measures and regulations.
But Xu Xingwang, who was sitting on the prosecutor's seat, could no longer control his emotions.
With red eyes, he looked at the judgment seat.
Twenty-three years!
He was imprisoned for twenty-three years. When he was sentenced, he kept thinking about whether he had done anything wrong.
In the past twenty-three years, he has always hoped that the people who used illegal procedures to find him guilty would get the punishment they deserve.
Now, he has finally arrived! .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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