As a Lawyer, You Sent the Judge In?

Chapter 393: Did it slap you in the face this time? Not arrogant anymore?

Chapter 393 Did I slap you in the face this time? Not arrogant anymore?

The relevant important judgment point in this case is not the first one to determine whether there is premeditation.

But in the second judgment, Dong Baihao knew that Dong Guoguo was under fourteen years old.

Those who are under 14 years old are children, and those who are over 14 years old are women.

This is a big subjective difference!

　　is the main key to judging serious circumstances!

If it is determined that Dong Baihao knows that Dong Guoguo is under 14 years old, he chooses to forcibly infringe.

So subjectively, the idea of a young child being violated is achieved.

The situation will be more severe if judged this way.

It will be much more difficult to reduce the sentence and punishment for his surrender and meritorious service.

At the judgment seat, after making a judgment on the first point just now,

Xu Rufeng glanced around at the seats of all parties in the court hearing.

“Now regarding the first point of determination, neither party has any objection.”

“Then let’s proceed to the second point of judgment.”

“Does Dong Baihao know that Dong Guoguo is under 14 years old?”

After Xu Rufeng finished saying this, he looked up at the victim's lawyer's seat.

“Does the victim’s attorney have any opinions on this point?”

“Yes, the presiding judge.”

Su Bai replied: "At this point, we believe that Dong Baihao knows that Dong Guoguo is under 14 years old."

“First of all, one thing is that Feng Yunxia has just stated it.”

“Dong Baihao often asks about Dong Guoguo’s situation, and when he sees Dong Guoguo, he often says hello or makes jokes.”

“In this case, Feng Yunxia informed Dong Baihao many times about Dong Guoguo’s age.”

“As a person who cares about orphans and widows, and is particularly concerned about Dong Guoguo.”

“In this situation, there is no situation where Dong Guoguo’s age is not known.”

“Say I forgot.”

“It is most likely an excuse to evade criminal liability under the law.”

“Regarding this point, I would like to ask the presiding judge to determine whether Dong Baihao knew that Dong Guoguo was under the age of fourteen based on the relevant legal situation and objective factual environment.”

to be honest.

As a person from the same village, I often say hello, often see each other, and also pay attention to Dong Guoguo deliberately.

She said she didn’t know Dong Guoguo’s age.

It’s simply unrealistic!

In this case, how could you not know?

It just means that from the perspective of the criminal suspect, even if he knows, he must deliberately pretend not to know.

To evade one’s criminal liability.

This is also a common method used by criminal suspects.

However, this common method is generally not adopted by the chief judge.

Because in addition to hearing the corresponding confessions, the presiding judge also needs to consider the legal situation and the actual situation.

For example...

A girl who is obviously a toddler, but you have to say that she looks like a woman in her 20s.

In this case, will the presiding judge accept the criminal suspect’s confession?

In most cases no!

The way the presiding judge makes a judgment is not just what the criminal suspect says.

Rather, it is necessary to make certain judgments based on the facts and the corresponding scenarios.

After listening to Su Bai’s court statement.

As the presiding judge, Xu Rufeng nodded slightly. According to Su Bai's statement, this legal situation does exist.

As a fellow villager who often cares about his own children.

ˆBasically, there is no such thing as knowing the specific age of the other person.

Even if you don’t know, you will still have a rough impression on your personal subjectivity.

If Dong Guoguo is 12 to 13 years old, the difference between her and 14 years old is only 1 to 2 years.

So, it is normal for there to be certain deviations in this personal subjective general impression.

But there is a four-year difference between the age of ten and the age of 14.

In childhood, the difference between these four years is huge!

Dong Baihao’s personal statement alone cannot prove that he did not know that Dong Guoguo was under 14 years old.

This is Xu Rufeng’s view.

But the specific situation.

It is still necessary to listen to the point of view of the client of the defendant.

Xu Rufeng then spoke: "Regarding this judgment, does the client of the defendant have anything to say?"

Yu Cheng also understood the importance of this judgment and immediately said:

“There is a chief judge.”

“Dong Baihao stated in this case that he did not know that Dong Guoguo was under 14 years old.”

“There is another important reason here.”

“That is Dong Guoguo. Maybe due to family reasons, it is not easy to tell whether he is under 14 years old or not from his appearance.”

“Perhaps at this point, Dong Baihao has a certain illusion and thinks that Dong Guoguo is over 14 years old.”

“So we believe that based on this point of view, Dong Baihao’s confession can be adopted.”

Upon hearing this, Su Bai immediately retorted:

“Please pay attention to the lawyers entrusted by the defendant!”

“What we just stated is that as a fellow villager, as a person who cares about Dong Guoguo and often asks about Dong Guoguo’s status.”

“How could he not know Dong Guoguo’s approximate age?”

“Even though Dong Guoguo’s appearance is relatively mature, she is likely to be over 14 years old.”

“But as a fellow villager, doesn’t he know this?”

“It’s not like Dong Baihao went out to work for a long time and didn’t return to the village. He has been staying in the village.”

"In this case, he has a relatively good grasp of some things in the village."

“So basically there is no such situation from the perspective of appearance!”

Su Bai only expressed one point of view.

to be honest.

That means it’s okay to look at the face, but the face reading is only for those who are unfamiliar with it.

Or some unusual people.

In this case, it is very common to use facial recognition to determine the age of the other person.

But what is the current situation?

Now it is Dong Baihao who often comes into contact with Dong Guoguo and Feng Yunxia.

Don’t he know Dong Guoguo’s family conditions?

In other words, he might have been a little surprised when Feng Yunxia told him that Dong Guoguo was only ten years old.

In this environment and situation, it is impossible for Dong Baihao to be unaware of the fact that Dong Guoguo is under 14 years old. Based on this situation, the statement made by the defendant’s lawyer is completely inconsistent with the actual situation.

After listening to Su Bai’s statement, Yu Cheng wanted to continue to refute.

But he was interrupted by Xu Rufeng who was sitting on the bench.

“The defendant has entrusted his lawyer not to refute for the time being.”

“Defendant, let me ask you a few questions.”

Facing the presiding judge’s question, Dong Baihao nodded:

“A good judge.”

“You said you didn’t know Dong Guoguo was under 14 years old, but you thought Dong Guoguo was 14 or 15 years old.”

“But you have been in the village for so long, haven’t you heard anyone mention Dong Guoguo’s situation?”

“Or have you never heard anyone mention the situation inside Feng Yunxia’s family?”

Dong Baihao hesitated, not knowing how to answer.

He knew that Dong Guoguo was about ten years old, and said that he believed that the age of fourteen or fifteen was indeed to evade legal responsibility.

this problem.…

After a few seconds of silence, Dong Baihao spoke:

“Presiding judge, I heard others in the village talk about Dong Guoguo’s situation.”

“Because we meet each other often, I also know that Feng Yunxia’s family is quite difficult.”

"You know the situation inside Feng Yunxia's family, so why don't you know that Dong Guoguo is under 14 years old? How do you explain this? Hasn't anyone told you about it?"

This question is even more difficult for Dong Baihao to answer.

During the meeting, Yu Cheng had already told him that it was best not to lie during the trial.

Because based on his confession, the court can completely confirm it.

If the slip of the tongue is proven to be a mistake, the penalty will be increased.

Can't lie or answer.

Dong Baihao simply remained silent.

Facing Dong Baihao’s silence, Xu Rufeng, as the presiding judge, did not continue to ask questions.

Instead, he posed the question to Yu Cheng: "Does the defendant's lawyer have anything else that he would like to continue to state?"

Face inquiries.

Yu Cheng also fell into silence.

He really wanted to refute just now, but now the presiding judge's inquiry has made it very obvious.

That is, in a legal situation, it is believed that Dong Baihao knew that Dong Guoguo was under 14 years old.

Another point is the presiding judge's inquiry, which further confirmed that whether Dong Baihao knew Dong Guoguo's age was not directly related to facial recognition.

His further statement is also a meaningless statement.

Simply no further statement.

“Presiding Judge, we have nothing else to say.”

"OK."

Xu Rufeng nodded slightly and struck the hammer.

“As to whether Dong Baihao knew that Dong Guoguo was under 14 years old.”

“All parties have stated their respective views.”

“In this regard, the collegial panel shall make a judgment——”

“According to the corresponding legal circumstances, Dong Baihao’s confession believes that Dong Guoguo is over 14 years old.”

“There is no legal basis, but it is based on the environment in which it is located.”

“Dong Baihao knew that Dong Guoguo was under 14 years old.”

“Judgment based on this.”

“Do the parties have any objections to the above determination?”

Prosecution: “No objection.”

Yu Cheng looked unhappy: "No objection."

Su Bai took a deep breath: "No objection."

After this judgment is completed, the outcome of this trial has basically been determined.

Dong Baihao is sentenced to death!

This decision point is very critical.

After the conclusion of this judgment, Li Xuezhen's tight little face smiled.

Then he looked towards the defendant's attorney's seat with bright eyes.

The meaning is simple and clear... weren't you provocative just now?

Don’t you think you will definitely win this trial?

What now?

Yu Cheng, who was sitting at the table of the defendant's attorney, looked slightly unhappy after noticing Li Xuezhen's gaze.

This judgment is indeed crucial, but it does not mean that he lost the trial!

As long as you keep seizing this meritorious performance in the following defense and court statements, you will still have a chance!

Seeing the expression on Yu Cheng's face, Li Xuezhen turned her head:

“Lawyer Su, the main decisions of this trial have been concluded. Are we going to win this trial?”

Su Bai noticed Li Xuezhen’s behavior just now, and when he heard Li Xuezhen’s question, he smiled and said:

“The two key judgments of this trial have ended, and what remains is the meritorious performance determined by the presiding judge and the members of the collegial panel.”

“If the presiding judge and members of the collegial panel believe that this meritorious performance can reduce the sentence, then the case will be lost.”

“If the circumstances are considered particularly egregious and meritorious service is not sufficient to mitigate the circumstances, then the case will be won.”

“My personal view is that the mitigating circumstances are insufficient.”

“Because Dong Baihao clearly knew that Dong Guoguo was under the age of 14 when he violated and brutally killed her.”

“This situation is too serious.”

"oh!"

Li Xuezhen nodded solemnly.

“I understand, Lawyer Su!”

Hearing what Lawyer Su said, Li Xuezhen felt relieved.

Lawyer Su believes that if we can win this trial, then there will basically be no other surprises!

The lawyer opposite, how should I put it, has been acting a little strange in this trial.

It seems that they just want to win the case in court and rely on the reputation of their Baijun Law Firm.

But.…

Li Xuezhen glanced at Su Bai quietly.