As a Lawyer, You Sent the Judge In?
Chapter 382: Accessory? What accessory? Those are the two main culprits
Chapter 382 Accessory? What accessory? Those are the two principal culprits!
In fact.
Wang He ran into many relationships for the sake of his son.
Let’s not talk about the fact that he learned that his son Wang Wenyuan had committed such a big crime.
Ask your old friends what you should do as soon as possible and if there is any solution...
Then there is.
Find the family members of the other three defendants and hope that their relatives can bear the guilt.
Make a confession to get your son's punishment reduced or something.
Wang He has done everything that ordinary people can think of and do.
It’s just that this case is too big...
When the family members of the other three defendants were found in Wanghe, the other three had already been arrested by law enforcement agencies.
And the city’s prosecutors, law enforcement agencies and other relevant departments attach great importance to this.
Looking for family members is of no use anymore.
Because the person is now in custody, let the message be communicated internally?
It’s basically impossible!
After all, we have obtained a preliminary confession, and no one dares to touch this case.
Just like what his old friend said, whoever touches him is finished.
For this, I can only blame his son for confessing the facts to him only after he learned that his other criminal partners had been arrested.
If you confess earlier, you might still have a chance.
But he didn’t confess until the case became a big deal, and it was already too late!
So in this case, Wang He can only place his hope in the court.
“I hope it can be judged successful.”
Wang He thought silently in his heart.
At the same time, many viewers who are watching this live broadcast have a doubt.
This point of doubt was also raised in the barrage:
“This case involves such heavy criminal liability, the defendants all recommended the death penalty.”
“There is no difference between the sentences of the principal offender and the accomplice, right?”
“Does Wang Wenyuan’s attorney still want to propose changing Wang Wenyuan’s principal culprit liability at the trial, so as to achieve the purpose of reducing the penalty?”
Others replied: "Since it was brought up in this way, then it is probably the reason!"
"But I think, no matter what the reason is, according to the relevant description of this case, the defendant must be sentenced to death. The impact is too great and it is too bad!"
"support!"
In the French commentary live broadcast room, some people also saw Wu Zhen’s thoughts.
The result of the discussion is that regardless of whether the accomplice or the principal culprit has such a bad impact as this case, the death penalty will definitely be imposed!
the other side.…
The trial is still continuing.
At the court hearing, Lu Penghui, as the presiding judge, listened to the relevant opinions regarding Wu Zhen’s statement.
Turning his head to look at the prosecutor.
At this time, Li Xiong, as the prosecutor, retorted:
“Isn’t it true that the lawyer entrusted by the defendant just stated that the relevant identification of the principal culprit was wrong?”
Wu Zhen nodded: "Yes."
“In this case, I don’t think my client Wang Wenyuan should bear the responsibility of the principal criminal.”
“Instead, Zhang Dali, who proposed murder and silence, should bear the responsibility of the principal culprit.”
Hearing this, Li Xiong asked next:
“What is the basis? What is the basis for the statement made by the lawyer entrusted by the defendant?”
“According to the identification of the principal and accomplice, the planner shall bear the responsibility of the joint crime and shall be identified as the principal offender, and the other instigators and followers shall be identified as the accomplices.”
“In this case, Wang Wenyuan is obviously the leader of Zhang Liang, Zhang Dali and Yu Wei.”
“And in the process, his criminal intent was demonstrated.”
"It can be said that the reason why this major and bad criminal murder occurred."
“It lies in Wang Wenyuan’s leadership and organizational responsibility.”
“Based on this, it is entirely possible to determine Wang Wenyuan’s principal responsibility.”
“I don’t understand where the defense attorney’s claim that Zhang Dali is the main culprit in this case comes from.”
“The defendant has appointed a lawyer, can you explain it?”
Wu Zhen gave a reasonable explanation at the table of the defendant's attorney.
“Presiding judge, prosecutor.”
“We believe that the judgment between the principal offender and the accomplice should not be based on this aspect.”
“From the perspective of the public prosecutor, Wang Wenyuan should indeed be found to be the principal culprit in this case.”
“But in fact, Wang Wenyuan drove Zhang Liang, Zhang Dali, and Yu Wei to Yang Fan’s house.”
“Wang Wenyuan’s idea is very simple, he just wants to find some excitement.”
“He did not intend to murder Yang Fan and Hu Yunyun in an organized or premeditated manner.”
“Has he ever thought about going to Yang Fan’s house and forcing Hu Yunyun to have sex? Has he ever thought about killing Yang Fan?”
“He didn’t even think about these issues when he was organizing the organization.”
“I have not discussed this issue with Zhang Liang and others, so it can be considered that Wang Wenyuan has not thought about this matter.”
“In this case, we believe that the identification of the principal culprit should not begin when Wang Wenyuan organizes a trip to Yang Fan’s home.”
“Rather, identification should start from the commission of the crime.”
“The commission of the alleged crimes began with forcing Hu Yunyun to have sex.”
“In this process, it was Zhang Dali who started the implementation and planning.”
“That is to say, the crime was organized and planned by Zhang Dali.”
"From this point on, the principal culprit of the crime should be Zhang Dali."
“This is also consistent with the crime charged.”
“So we believe that Yu Wenyuan should not be judged as the principal culprit, but Zhang Dali should be judged as the principal culprit in this case.”
“The above is our explanation that Zhang Dali should be the main culprit in this case.”
….”
Wu Zhen’s statement just now only expresses one point of view, which is to let the prosecution and the collegial panel not start judging from who organized the incident.
Rather, the judgment starts with who first had the subjective intention of forcing others to have **** and killing people.
Thus determining who is the main culprit.
Does this statement make sense?
have!
But is it suitable for this trial?
This depends on the specific situation.
Wu Zhen set his sights on the trial bench. Whether he could judge success or not depended on the preference of the presiding judge.
At the trial table, Lu Penghui, as the presiding judge, nodded slightly after listening to Wu Zhen’s statement, and then spoke:
“The collegial panel has heard the statement of the defendant Wang Wenyuan’s attorney.”
“We are now questioning the defendant Wang Wenyuan based on the statement made by the entrusted lawyer.”
"Defendant Wang Wenyuan, can you state your subjective thoughts at the time of the entire case and why you chose to go to Yang Fan's home at that time?" "Yes."
Wang Wenyuan spoke hurriedly, knowing that this was an opportunity for him.
Lawyer Wu had already told him before that if he wanted to avoid being sentenced to death, he could only change from the principal criminal to an accessory.
Thinking of this, Wang Wenyuan quickly expressed his stance:
“I went to Yang Fan’s house just to find some excitement. I just heard from others that Yang Fan’s family lives in a remote place.”
“He just got married, and the bride is very beautiful, so maybe he decided to go there just because of his enthusiasm.”
“But I never thought of doing anything particularly illegal.”
"Forcing Hu Yunyun to have **** and wanting to kill people were both proposed by Zhang Dali. I really didn't think about having **** or killing people at the beginning."
"Although I organized them to go to Yang Fan's house together, I really don't have any other criminal thoughts."
“At most, we just wanted to tease Hu Yunyun. After teasing, we left. They can all testify to this.”
“Presiding Judge.”
“This is what I was thinking before the incident.”
“I don’t have any other ideas.”
I heard that Wu Zhen kept excusing Wang Wenyuan, and in the process, the presiding judge also asked Wang Wenyuan about his subjective opinion.
Seeing this court trial, it is very likely that Wang Wenyuan will be sentenced as an accessory, Yang Tiejun's blood boiled up.
Because he knew that once Wang Wenyuan was convicted as a repeat offender, Wang Wenyuan might not be sentenced to death in this case!
Can’t decide.…
When I thought about what Zhang Liang stated about what his son and daughter-in-law suffered during their lifetimes.
Yang Tiejun's whole body was shaking with anger.
Just when he wanted to stand up and angrily scold Wang Wenyuan and others for their eloquent behavior, he was stopped by Su Bai.
“Don’t worry... Wang Wenyuan will not be judged as an accessory.”
Hearing Su Bai's words, Yang Tiejun stopped trying to scold him and sat down again.
The expression looked a little worried.…
Seeing this, Li Xuezhen whispered from the side: "Mr. Yang, don't worry..."
“Lawyer Su is very good at litigating cases!”
“He said he would not be convicted as an accessory, so he certainly would not be convicted as an accessory.”
“We all know your commission, and we will try our best to complete it!”
Seeing Li Xuezhen's sincere words, Yang Tiejun's mood calmed down.
He was not worried that he would not win the case, he just couldn't stand the fact that the defendant had committed such a serious crime and still defended himself at the trial.
I can’t imagine what I would do if the other party really succeeds in getting away with it.
.
….
At this time.
After listening to Wang Wenyuan’s description, the presiding judge asked the prosecutor and the victim’s lawyer if they had any other opinions.
Seeing Su Bai raise his hand to signal the prosecutor, Li Xiong temporarily gave up his statement and handed over the right to make statements to Su Bai.
Su Bai sorted out the litigation materials in front of him and then spoke:
“We do not agree with the statements made by the lawyer entrusted by the defendant Wang Wenyuan.”
“The defendant’s lawyer’s statement is that the determination of the principal offender and the accomplice depends on when he started forcing others to have sex.”
“But did the lawyer appointed by the defendant consider when the crime started?”
“When did the subjective intention to commit the crime begin?”
“And why did Yang Fan attack Zhang Dali, which made Zhang Dali very angry and had the idea of forcing Hu Yunyun to have a relationship?”
“What role did Wang Wenyuan play in this process?”
“Has the lawyer appointed by the defendant considered these issues?”
“The details of the entire case are now very clear, that is, Wang Wenyuan proposed and decided to take Zhang Liang, Zhang Dali and Yu Wei to Yang Fan’s home to commit the crime.”
“During this process, did the other three people follow Wang Wenyuan’s suggestion?”
“Is Wang Wenyuan the main leader of the other three?”
“The lawyer entrusted by the defendant stated that if it weren’t for Zhang Dali, Wang Wenyuan might not have committed the crime.”
“However, has the lawyer appointed by the defendant ever thought that Wang Wenyuan was the main person who initiated the crime in the first place!”
“And he himself was still teasing Hu Yunyun and letting the other three people control Yang Fan.”
“The above are all organizational behaviors carried out by Wang Wenyuan.”
“As for what the lawyer entrusted by the defendant stated about forcing women to have **** and murder, it was not Wang Wenyuan who raised it.”
“Why didn’t Wang Wenyuan reject this proposal?”
“Wang Wenyuan acted as an organizer throughout the entire early criminal process.”
“And during the middle and later stages of the crime, Zhang Dali’s proposal was not rejected.”
“From the perspective of the entire process, Wang Wenyuan is the organizational planner, while Zhang Dali is just a subordinate who made general suggestions.”
“So judging from the whole process, is Wang Wenyuan the main culprit?”
“Belong!”
“Of course, if you follow the questions and other suggestions raised by the lawyer entrusted by the defendant.”
“In this case, I think Zhang Dali can also be regarded as the principal culprit.”
“After all, two people, as the main murderers, can be prosecuted as joint principals.”
“The above are our views and opinions.”
It is not too difficult to resolve why Wu Zhen defended Wang Wenyuan.
Why do you say that?
Because Wang Wenyuan is the principal criminal in the legal definition.
This can be clearly seen in the prosecution's statement.
However, from the perspective of excusing Wang Wenyuan, Wu Zhen used the main proposer of the criminal facts as the basis for the principal culprit.
Can it be identified as such?
Barely ok.
But that is when the presiding judge is inclined to the defendant and will adopt the opinion that Wang Wenyuan is an accomplice.
But this case is different. First of all, the nature of this case is particularly bad.
So, from the perspective of the defendant’s lawyer, Zhang Dali is considered the principal culprit.
From the perspective of the prosecutor and the victim, it can also be believed that Wang Wenyuan is the principal culprit.
Two people are the same principal offender, which is recognized in a legal sense.
It does not necessarily mean that one is the principal offender and the other is an accessory.
This is not a conflict!
Another point is, what is Wang Wenyuan’s status within this small group?
Wang Wenyuan belonged to Zhang Liang, Zhang Dali and Yu Wei's junior leaders.
How could the person who came up with the idea and plan from the beginning be judged as an accessory just because he did not propose the crime?
Since Wu Zhen believes that Zhang Dali is the main culprit.
Then Wang Wenyuan can also be brought in to be the main culprit. There is nothing wrong with that, right?
There’s nothing wrong with it at all!
to be honest!
Wang Wenyuan is the leader of the other three, so he will definitely be judged as the principal culprit!
No matter from which angle you look at it, there is no doubt about it!
It's just that based on Wu Zhen's statement, there was only one principal culprit turned into two principal culprits!
.
….
Two principal criminals.…
Facing Su Bai's statement, Wu Zhen frowned slightly. For some reason, he always had a vague premonition in his heart.
The presiding judge is very likely to adopt Su Bai’s statement! .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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