As a Lawyer, You Sent the Judge In?
Chapter 481: Is revenge for one's mother reasonable as a motive for murder? !
Chapter 481 Is revenge for the mother reasonable as the motive for murder? !
Originally, when Zhang Chuancheng heard Peng Yuhang talk about something big and whether he had offended someone, he thought he had offended someone with a background.
The whole person was extremely nervous and worried.
But he didn't expect that it was just Zhang Kou's mother.
Zhang Kou’s mother was killed, what kind of big deal is this?
In his opinion, this is not a big deal at all.
This matter has been going on for so many years...
The villagers who knew about this incident also knew the names of several villages he lived in near Zhangjiacun.
I dare not mention this matter to outsiders at all.
Who dares to mention it?
Who dares to mention it? Isn’t that person afraid that he will find someone to break into the other person’s house again?
Besides, there is no conflict of interest. Who would mess with others when they have nothing to do?
The villagers who don’t know about this matter will never know about it.
What should be done with has passed.
I haven’t heard anyone mention this matter for such a long time.
This means that there are basically no other major problems in this case.
Although...now I heard from Peng Yuhang that someone above has noticed this case.
However, Zhang Chuancheng still didn't have much worry about this matter.
Why?
Because he has an in-depth understanding of this case.
Know what the situation is in this case.
When he beat Zhang Kou's mother to death, he was also panicked.
At that time, I was running for connections. Although nothing happened at the time, Zhang Chuancheng was also afraid that if something happened later, he would be thrown into trouble.
I went out of my way to have a good relationship, and even consulted a lawyer to ask myself what I should do if something like this happened, or how to avoid other situations that might happen to me in the future.
What the lawyer told him was that there would be no evidence for this matter in a few years.
Even if it is known that he is a murderer, according to the law, he cannot be sentenced without evidence.
Let him hide for a few years first.
But what is the result?
As a result, not only did he not hide away in the past few years, he was still living happily in the nearby village, doing whatever he wanted.
What's going on now?
It’s nothing at all!
Zhang Chuancheng didn’t take this matter too seriously and continued to speak to Peng Yuhang on the other side of the phone:
“I’m talking about Brother Peng...”
“This matter is probably over a long time ago and nothing will happen again. Where did you hear this news?”
“Is it reliable?”
"I heard it from my old friend. It must be reliable! He said that in the case of Zhang Kou's mother, a lawyer went to the county law enforcement department to file a case."
“The county’s law enforcement agencies are currently discussing whether to re-examine this case.”
“After all...it involves a murder case, the relevant departments still take it very seriously.”
Zhang Chuancheng laughed twice when he heard this:
“Are you still discussing whether to retry this case?”
“There is nothing to discuss about this, so I won’t reiterate it directly.”
"Although it is said that it involves a murder case and that it is taken seriously, even if it is taken seriously, it will be of no use at all."
“Besides, even if it’s an investigation, do they have evidence?”
“There is no evidence at all!”
“Not many people know about this matter, and even if they know it, they don’t dare to say it.”
“Brother, I often consult lawyers. If there is no evidence, then the investigation cannot be carried out at all.”
“The circumstances involved in this case are relatively complex and difficult to advance. I guess the law enforcement agencies are not willing to waste energy and material resources on this case.
I say Brother Peng, you might as well let your old friend speak on this matter. "
"Let this matter be discussed for two more years... If it is delayed, no one will care about this case."
“After all, Zhang Kou is now sentenced to death, and the only person related to the victim is gone. Who can still remember this incident? Even if he remembers, who dares to talk about it?”
“Okay! Even if I say it, who would go to such trouble to report it?”
Hearing Zhang Chuancheng's words, Peng Yuhang hesitated for a few seconds, nodded, and agreed with Zhang Chuancheng's point of view.
“What you said makes sense. A case like this is troublesome and useless. An ordinary woman with no background and no strength...can’t involve anything.”
“I guess my old friend doesn’t want to accept the investigation of this case either.”
"Then I'll ask if it can be delayed for a while. If it's delayed for a long time, there won't be any follow-up to this matter."
“Well! Thank you, Brother Peng!”
Zhang Chuancheng smiled and said, as long as Peng Yuhang agrees to this matter, the rest will be much simpler.
At least.…
This matter is considered over.
…
Zhang Chuanchang exhaled. No one in Zhangjiacun could move him.
But fortunately he was not at home when Zhang Kou committed the murder.
Otherwise, it would be troublesome.
But it doesn't matter now, Zhang Kou is sentenced to death, and he can sleep peacefully.
Thinking of this, Zhang Chuancheng couldn't help but have a slight smile on his lips.
.
….
On the other hand, after waiting for a period of time, the second-instance court, the Bei Province High Court, agreed to open a second-instance trial for the intentional murder case of Zhang Kou.
and conduct public hearings.
This public trial was requested by Su Bai on his own initiative, and the purpose was very simple.
That is Zhang Kou's deliberate murder. Although it is true, it is also true that he killed a person.
but.…
The specific circumstances involved in this case may not be understood by so many people.
In this case, a public trial must be held, and the specific circumstances of the case must be presented to the public.
It can also be regarded as an explanation to the public.
On the eve of the trial.
Su Bai also discussed with Zhang Kou based on the specific circumstances and content of this trial.
Because in criminal cases, ordinary criminal lawyers will not provide discretionary representation.
after all.…
In case of sexual misconduct, there are many subjective issues.
If a lawyer makes a statement on behalf of a client on these subjective issues and makes an incorrect statement, he will be charged with perjury.
So before the trial, Su Bai specifically approached Zhang Kou to learn more about the case and talk about the lawsuit application and claims.
During this period, Su Bai often went to the detention center to see Zhang Kou or ask some questions.
Zhang Kou also understood that he had to plead guilty and accept punishment in this case.
It is also clear that if you don’t plead guilty and accept the punishment, you will only get a heavier sentence.
and.…
There is no point in doing this.
At Su Bai's suggestion, Zhang Kou finally decided to plead guilty and accept punishment.
In the detention center.
Su Bai was still explaining to Zhang Kou on the eve of the trial the matters that needed to be paid attention to in the court hearing.
“In the court hearing, you must strictly abide by the court discipline and listen to the requirements of the presiding judge.”
“Even if you have any grievances, try not to disrupt the order of the trial.”
“Because the presiding judge has a certain subjective tendency in determining the sentence,... discipline must be maintained.”
“In addition... Regarding the details of this case, just answer truthfully when the presiding judge asks questions.”
“Don’t lie with the intention of benefiting yourself or for other purposes.”
"The confession transcripts and evidence in this case are very conclusive. During the trial, the presiding judge asked you some information, just for confirmation."
“Instead, as you say.”
“Just keep doing the above.”
"You don't have to worry about the rest." "I will submit a request to the court for a suspended death sentence."
A reprieve from death?
Zhang Kou was stunned for a moment when he heard that Su Bai was going to plead for a reduced sentence.
“Lawyer Su...in this case, I killed someone.”
“Can a suspended death sentence also be given in this case?”
Hearing Zhang Kou's slightly shocked tone, Su Bai smiled: "Of course."
“Under normal circumstances, if multiple people are not involved or the circumstances are particularly egregious.”
“Causing death…mostly with a reprieve.”
“Of course...your case will be aggravated because it is not a self-surrender.”
"But from other aspects...compared to the death penalty, it is somewhat lighter."
“So…in this case, I would like to apply for a suspended death sentence.”
“However, the specific penalty is determined by the presiding judge. I just said that regarding our lawsuit application, it is a reprieve of death.”
“As for whether it can be judged as a success, that’s not certain.”
Zhang Kou nodded when he heard this: "Okay, I understand, Lawyer Su."
“I will definitely perform well in court as you ask.”
….”
When he walked out of the detention center, Su Bai took a long breath. All the preparations for this case were ready.
Just need to wait for the hearing of the second instance.
To be honest, Su Bai didn't think there was much pressure on the second trial in this case.
Applying for a reprieve of death sentence is a relatively reasonable lawsuit request.
Soon, after the court agreed to the second trial, it was time for the hearing to begin.
The day of the court session.
Su Bai and Li Xuezhen came to the waiting room early, waiting for the hearing to begin.
After the staff led the two people into the trial venue, the members of the collegial panel walked into the court hearing venue.
The presiding judge of this trial is the vice president in charge of criminal matters of the Provincial High Court.
Wang Youwei, as the presiding judge and vice president of criminal justice, has a detailed understanding of this case.
In Wang Youwei's opinion, the situation in this case is that whether or not the death penalty is supported is the most important issue to consider in this case.
but.…
This case is very complicated from a variety of subjective and situational perspectives.
Although Wang Youwei had communicated with two other members of the collegial panel and members of the referee committee before this.
But these exchanges were established before the court session.
specific sitiuation.
Still want to listen to the defense in this trial.
After simply sorting out the materials in front of him, Wang Youwei banged the gavel and adjusted his glasses:
“The trial is in session.”
“The main content of this trial is the second-instance appeal filed by the criminal suspect Zhang Kou, who was dissatisfied with the death sentence of the first-instance trial.”
“Now after verification by our court, it has been confirmed that there is new evidence and new basis, and the case will be tried again.”
“The criminal suspect is also the appeal party, and your lawsuit application is to apply for a reduction of criminal punishment.”
“Applying to change the death sentence in the first instance to a suspended death sentence.”
“Is there any problem with this?”
Su Bai, as the appellant, entrusted a lawyer to reply:
“No question to the presiding judge.”
"good!"
The hammer struck, and the presiding judge looked at the prosecutor's seat.
Start to let the prosecutor state the content of the charges in this trial.
Public prosecutor Lin Yuan maintained an objective statement at the beginning of his statement.
The conviction will be based on the evidence provided by law enforcement and the confession and subjectivity of the appellant, Zhang Kou.
In terms of conviction, it is a fact that Zhang Kou committed the murder, and it is also a fact that he had planned it.
So it is established that the conviction becomes intentional murder.
After stating this point, Lin Yuan continued to state.
“In this case, the appeal party, the criminal suspect Zhang Kou, murdered multiple people, resulting in the death of one person.”
“There was no sign of surrender, and even if someone else hadn’t called the police, the fact of Zhang Kou’s murder would have been discovered.”
“Then Zhang Kou will still continue to commit crimes.”
“This point was directly reflected in Zhang Kou’s oral confession.”
“Based on this, we believe that Zhang Kou’s intentional murder is established in this case.”
“The circumstances are relatively serious.”
“So we believe that Zhang Kou’s intentional murder should be sentenced to death.”
Throughout the entire presentation process, Lin Yuan’s voice was calm and his presentation was clear.
After finishing his statement, he looked up at the judgment seat.
Wang Youwei, who was the presiding judge at this time, after listening to Lin Yuan’s detailed statement.
He turned his head and looked at Su Bai who was sitting on the appellate seat.
“As stated by the prosecutor, Zhang Kou committed intentional murder and caused objective facts of death.”
“Does the lawyer appointed by the appellant have any objection to this point?”
There is definitely no objection to this point, because there is conclusive evidence, so Su Bai also confirmed this when he answered.
“President, we have no objection to this point.”
“Okay, then please briefly state your basis for commutation.”
“A good judge.”
Su Bai took a long breath, and then slowly spoke:
“We believe that we have strong malicious intent to murder many people, which is wrong.”
“That is to say... we admit that our client Zhang Kou’s murderous behavior also admitted that it was an act of murder.”
“But we think the seriousness of this case is incorrect.”
“In this regard, we would like to state Zhang Kou’s motive for killing.”
“What was Zhang Kou’s motive for killing?”
“To avenge his mother.”
“It was his mother who was beaten to death by those village tyrants.”
“Zhang Kou witnessed this incident with his own eyes and came up with the idea of avenging his mother.”
“Is this a wrong motive?”
“This motive basically has no problem in the eyes of normal people.”
“Of course the problem I am referring to is an emotional problem.”
“Since this motive is not wrong, the idea of murdering many people is also reasonable.”
“Since it is reasonable, how can it reach a serious situation?”
Su Bai’s point of view is very simple.
What did the prosecutor say?
The prosecutor believed that Zhang Kou wanted to murder several people, so he considered the circumstances serious.
Su Bai’s explanation was based on Zhang Kou’s motive for killing.
Why did Zhang Kou want to kill so many people?
Because these people killed his mother!
As a son, he has a strong blood relationship and a rich emotional relationship with his mother.
Isn’t it normal to have this thought?
Emotionally speaking, as long as the presiding judge thinks this is reasonable.
So in this court trial, there is a high possibility that Zhang Kou will receive a suspended death sentence!
.
…..
PS: Please give me a monthly ticket~
(End of this chapter)
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