As a Lawyer, You Sent the Judge In?

Chapter 384: What did the defendant state? Audience: Go to hell!

  The newlyweds were killed.

 All criminals in this case pleaded guilty and accepted punishment, and the facts and evidence were sufficient.

 In this case...

 The main purpose of the court hearing is to find out the relevant information in the case and ensure that nothing is omitted.

  Then the sentence will be imposed according to the corresponding sentence.

Like this case, the four defendants committed serious crimes.

 Will there be a death sentence?

Most people have decided in their hearts that the four defendants are likely to be sentenced to death.

  However, the procedures that need to be followed still need to be followed, such as ruling out any other possibilities for commutation of the sentence.

For example, there was once a death row prisoner who suddenly did something that was enough to promote a huge scientific research during his sentence.

This situation is considered a major meritorious service and exempted from the death penalty.

certainly.…

 This situation is rare and basically cannot be replicated.

 At the court hearing.

Everyone knows that this trial has entered the most critical moment, which is the determination of the sentence.

 At the court hearing desk, Lu Penghui, who was sitting on the presiding judge's seat, turned over several sheets of materials in front of him.

 Speaking: "Currently, the principal culprit and accomplice of this trial have been confirmed."

 “There is no objection from all parties.”

“In this case, the criminal facts of Zhang Liang, Zhang Dali, Yu Wei, and Wang Wenyuan are clear and the evidence is conclusive.”

 “He pleads guilty and accepts punishment.”

“The severity of the crime committed by the defendant is now determined.”

“According to relevant laws and regulations, the crimes committed by the four defendants Zhang Liang, Zhang Dali, Yu Wei, and Wang Wenyuan were extremely serious.”

“Regarding the above, do the four defendants Zhang Liang, Zhang Dali, Yu Wei, and Wang Wenyuan have anything else to say?”

 The meaning of this question is whether there are any mitigating factors.

 In response to the presiding judge’s questions, the defendant’s attorneys all made relevant statements.

 The lawyers appointed by Zhang Liang, Zhang Dali and Yu Wei were originally assisting lawyers.

Most of the assistance lawyers make relevant determinations of crimes based on objective facts.

Therefore, when the presiding judge points out that the seriousness of the crime committed is extremely bad.

 The aid lawyer only made a statement based on the basic situation and did not deny it.

 And there are no circumstances that can reduce the sentences of Zhang Liang, Zhang Dali and Yu Wei.

There is no doubt that all three were involved in the crime.

However, Zhang Liang’s lawyer did point out one point, that is, Zhang Liang had just turned 18 within a few months.

 Want to raise this point so that the presiding judge can consider his punishment.

 After the assisting lawyers of Zhang Liang, Zhang Dali and Yu Wei completed their presentations.

Wu Zhencai slowly put forward his own point of view.

 There are three main points.

 First, I just turned 18 years old.

 Second, there are circumstances of surrender.

 Third, it is to reduce the degree of crime of the defendant in this case to ensure that Wang Wenyuan can be sentenced to death with a suspended death sentence.

 “Presiding Judge.”

“During the court trial, Wang Wenyuan was determined to be the main criminal in this case.”

"We have no objection to this, but we want to make a point."

“That is, in this court trial, Wang Wenyuan, although he is the main member of the team.”

"But the idea of ​​committing a crime was not raised. Maybe when Zhang Dali raised it, he acquiesced to it to a certain extent, but he did not have this concept at the beginning."

 “And then there is.”

“Wang Wenyuan has just turned 18, only three months more.”

 “Just reached the age of imprisonment.”

“Perhaps I am still a minor in some concepts, and I don’t have much respect for the law, nor much respect for life.”

“There is an idiom that goes like this: The ignorant are fearless. Because they don’t know, they are fearless.”

“Wang Wenyuan has a serious lack of legal awareness.”

“So this tragedy occurred. For this, our client Wang He also deeply apologizes to the victim’s family.”

“The family members of the victim have been found many times and want to give them some compensation.”

 “But they were all rejected…”

"also."

“Based on the evidence provided by law enforcement and prosecutors, it can be seen that Wang Wenyuan has the circumstances to surrender.”

“According to the provisions of domestic criminal laws and regulations, those who voluntarily surrender after committing a crime and truthfully explain their crimes shall be given a lighter punishment.”

“From the above point of view, we believe that Wang Wenyuan should be given a lighter sentence.”

“And we have another opinion about this case.”

On the bench, the presiding judge Lu Penghui said: "What do the defendant's lawyers think?"

“We believe that the criminal circumstances involved in this case are indeed particularly serious,”

  “According to the relevant crimes, it has reached the level of imposing the death penalty.”

 “I don’t think there’s anything wrong with this.”

“But the presiding judge, the four defendants are all 18 to 20 years old and have just reached adulthood.”

“From this point of view, they all committed crimes at a relatively young age.”

“And in this case, based on the confessions of the four people, it was unanimously pointed out that it was Yang Fan who fought back strongly after being controlled, which led to the final result.”

“And in this case, according to the statements of the four people, Zhang Dali had the idea of ​​​​murder because Yang Fan told them that doing so would result in a heavy sentence.”

“From this point of view, Yang Fan may still have a certain responsibility for arousing the emotions of criminals.”

“So based on the above, we believe that the crimes committed by the four defendants are extremely serious.”

“However, considering many aspects, the penalty should still be lenient.”

　　　….”

When Wu Zhen made a statement and stated that the victim may still have some responsibility for emotional guidance, many people in the live broadcast room of the legal commentary directly started to curse!

"Fuck! What kind of animal is this? Can such words come out of its mouth?"

"What does it mean that Yang Fan angered the other party and broke free from the other party's restraints? Yang Fan also has a certain degree of emotional responsibility?!"

"The victim is guilty? So from this point of view, the victim should be bullied, should not resist, and should not say anything else, right?"

 “TMD livestock!”

“I can understand the statement made by the lawyer entrusted by the defendant. Isn’t it just to reduce the defendant’s criminal liability?”

"Is it necessary to pour dirty water on the victim? Is it necessary?"

“This statement is just plain disgusting!”

“Can you give this client a death sentence as well? I’m almost mad to death when I hear him say something like this!”

　　　….”

The live broadcast room was full of abuses against the lawyers entrusted by the defendants who had no license.

Even in the court hearing, Yang Tiejun couldn't control his emotions and cursed angrily at the lawyer appointed by the defendant.

"What do you mean?" "What does it mean that Yang Fan is also responsible? What responsibility does Yang Fan have?"

“It was those four murderers who broke into my son’s house and controlled him. My son wanted to resist. Is this wrong?”

 “Where did he go wrong?”

 “Can’t he resist, so he can only watch my daughter-in-law being bullied by others?!”

 In response to Yang Tiejun's angry scolding, Wu Zhen behaved very calmly:

 “I understand the feelings of the victim’s family.”

“Perhaps the victim’s family did not understand what I just stated.”

“What I just stated is that he has a certain degree of responsibility in terms of emotions. Doesn’t it mean that he is responsible in the process of being victimized?”

 “Bah! You fart!”

Yang Tiejun took a sip at Wu Zhen and wanted to say something else.

However, he was interrupted by the presiding judge on the bench who knocked the hammer:

“Please let the victim’s family members control their emotions. This is a court hearing.”

“If there are any issues, you can state them when the court requires a statement, or you can entrust an attorney to make a substitute statement.”

 “Please don’t vent at the trial!”

Facing the reminder from the presiding judge, Yang Tiejun sat down angrily.

 But the mood is obviously still very angry.

Su Bai saw Yang Tiejun being so angry and motioned to Li Xuezhen to appease him.

 Then he looked up at Wu Zhen.

At this time, the presiding judge began to ask the prosecutor and the victim’s attorney for their opinions on Wu Zhen’s statement just now.

“Do the prosecutor and the victim’s lawyer have any thoughts on the statement just made by the defendant’s lawyer?”

Li Xiong raised his head and glanced at the defendant’s attorney’s seat:

“We believe that the statement made by the lawyer entrusted by the defendant has no legal basis and meaning at all.”

 “Especially on the topic of just turning 18.”

 “There is also the question of subjectivity as a subject.”

“Why does the domestic criminal law stipulate that 18 years old is the person who bears full criminal responsibility?”

“That’s because in a legal sense, people who are 18 years old can already bear corresponding legal responsibilities.”

“Even if you are only 18 years old, just one day, just one hour, just one minute, just one second!”

“That is also a legally recognized person who bears independent criminal responsibility!”

“This point, whether it is Zhang Liang’s assisting lawyer or Wang Wenyuan’s entrusted lawyer’s statement, is meaningless!”

“Because if the trial is based on this point, then the person who is under 18 years old will be a minor, which will have no meaning!”

“So this point can be ignored or ignored.”

“There is also the subjectivity of Wang Wenyuan stated by the lawyer entrusted by the defendant.”

“Wang Wenyuan’s subjectivity, no matter how you say, he killed people and committed crimes, these are objective facts and intentional!”

"also."

“According to the commission of the defendant Wang Wenyuan, the lawyer’s statement of the circumstances of surrender can reduce the sentence. I agree with this.”

“But the circumstances involved in this case are particularly bad. I think even surrendering is far from reducing the sentence.”

“The prosecutor still believes that the four defendants should be sentenced to death in this case!”

 Li Xiong’s statement is based on basic objective facts.

 There are basically no big problems with what he stated. These points are more in line with Su Bai’s views and opinions.

  But from Su Bai’s point of view, what is the most important point in this case?

 The most important point is Wu Zhen’s final statement!

What does Wu Zhen’s last statement want to illustrate?

He deliberately came to belittle Yang Fan, the victim.

 Just want to reduce the crime of this case from other aspects!

 It is better to judge Wang Wenyuan based on the fact that he surrendered, and the sentence was reduced again.

  But in this regard, is it not appropriate to state that the victim has certain responsibilities?

When the presiding judge asked if he had any ideas, Su Bai spoke directly:

 “Presiding Judge.”

“We believe that what the defendant just stated is extremely unreasonable.”

“As for the two viewpoints of coming of age and surrendering, the prosecutor has already stated it just now, so I won’t go into too much detail here.”

“I just want to make one last point about what the defendant’s attorney has said.”

 “I don’t understand this.”

“That’s what the defendant’s lawyer just said about Yang Fan’s efforts to break free in this case.”

“He angered Zhang Dali and intimidated Zhang Dali and others, giving him the idea of ​​forcing Hu Yunyun to have a relationship and killing the two of them.”

“What does the defendant’s attorney mean?”

“You said emotional responsibility, what can you say is emotional responsibility?”

“You mean Yang Fan shouldn’t provoke criminals, right?”

“Yes.” Wu Zhen said.

 “Okay.” Su Bai nodded and continued:

“However, has the lawyer entrusted by the defendant ever thought about which legal provisions follow Yang Fan’s emotional responsibility?”

 “What is responsibility?”

 “The responsibilities stated at the trial are generally issues of legal liability.”

“Does the lawyer appointed by the defendant believe that the victim needs to bear a corresponding part of the responsibility for this case?”

“The victim Yang Fan was controlled by four young men who broke into his home and saw his new wife being molested.”

“Does it mean that we shouldn’t have emotions, we shouldn’t have angry thoughts, and we shouldn’t resist?”

 “I don’t know where this theory comes from.”

“But I am very aware of the views stated by the defendant’s attorney.

They all want to reduce the criminal liability in this case, so as to achieve the purpose of reducing Wang Wenyuan's crime! "

“But have the lawyers entrusted by the defendant ever thought about what Wang Wenyuan did in this case?”

“Breaking into a house, forcing others to have sex, and it is a gang crime, intentional homicide!”

 “He is the main culprit in the whole case!”

“Can the punishment he deserves be reduced just because he surrenders himself?!”

“Or should we shift the relevant responsibility issues to the victim Yang Fan to achieve a reduced sentence?”

 “But should Yang Fan bear any responsibility?”

“I think it shouldn’t be, and it shouldn’t be according to the legal definition!”

  “So based on the above.”

“I would like to ask the defendant to hire a lawyer and not to put the responsibility on the victim!”

“Here, I would like to remind you again that both victims suffered cruel torture during their lifetimes!”

“Although the defendant is not very old, he has already reached the point of being criminally responsible!”

“The ignorant are fearless. Their ignorance of legal knowledge is not the responsibility of others, but their own responsibility!”

 “It should be borne by each of them!”

.

 ….

Su Bai’s voice was not loud, but it spread throughout the courtroom.

Wu Zhen wanted to assign a certain amount of responsibility to Yang Fan to achieve the purpose of commuting Wang Wenyuan's sentence.

 But what is the situation with Wang Wenyuan?

 Wang Wenyuan is the principal culprit!

Such a major criminal case involving two murders!

 And accompanied by other particularly serious circumstances.

Do you want to be given a suspended sentence just because you surrender? !

How can it be!

Wu Zhen’s other statements have some truth, but only to a certain extent!

The impact of this trial is so great, and what he stated has no legal basis.

 How could the presiding judge adopt his opinion?

 Don’t even think about commuting your sentence, you must die!

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)