You became a lawyer and sent the judge in?

At the court hearing.

From the time the court was adjourned to the time it started, it took four hours.

The main reason is that the members of the collegial panel need to be replaced and the principle of avoidance must be followed.

Things that need to be coordinated are a bit cumbersome.

Nandu High Court went through the fastest process and reopened the court four hours later.

This made many viewers who watched the trial curse.

The lawyer is having fun quarreling with the presiding judge and the judge, so why don't you just declare an adjournment?

Even if the court was adjourned, we still had to wait four hours for the court to begin!

But fortunately, we waited on the same day.

.

….…

After the court session.

I went through the court process again.

Yu Caixia sat in the seat of the presiding judge, surrounded the court hearing, and looked at Su Bai who was sitting in the prosecution's seat.

She still had a deep impression on Su Bai.

That Nandu Bank case gave Yu Caixia a certain impression of Su Bai, a lawyer.

But impressions are impressions, good feelings are good feelings, the law is the law, and the trial is a trial.

for the court hearing.

Her basis is legal defense, evidence, and statements.

Apart from this, there is nothing else that can affect the judgment of the trial.

As for worldliness, Yu Caixia is very principled in court trials.

This is also the main reason why Su Bai agreed to change the judge to Yu Caixia.

Su Bai raised his head slightly and looked at the trial stand.

This time, in addition to Yu Caixia, the deputy president and presiding judge, the collegial panel members also had two judges, the female Jin Yufang and the male Wang Chuanjie.

A single person formed the new collegial panel.

In the seat of the presiding judge.

Yu Caixia looked at the trial materials and spoke slowly: "This court follows the principle of recusal and has now disqualified the original judges Zhou Qiangsheng, Zhang Guangquan, and He Hui from trying this case."

"The new members of the collegial panel are composed of Yu Caixia, Jin Yufang and Wang Chuanjie of Nandu High Court."

"Do the three parties to the lawsuit have any objections or requests for recusal?"

Prosecutor Zheng Lijun: "No objection, no application for recusal."

Jiang Min, lawyer for the defendant: “No objection, no application for recusal.”

At this time, everyone's eyes fell on Su Bai.

I want to see if Su Bai will mention the principle of avoidance again.

Until Su Bai said: "No objection, no application for recusal."

The big stone in some people's hearts just relaxes.

The hearts of the melon-eating people also dropped a lot in an instant.

You have no objection!

You continue to argue!

Su Bai:...

….….

The scene of the trial.

Boom, boom, boom!

Yu Caixia banged the gavel and continued:

"With regard to this case being heard by this court and the collegial panel formed by Yu Caixia, Jin Yufang and Wang Chuanjie, all parties in the trial have no objections and the cause of the case is hereby announced."

"This case will be heard by Nandu High Court for the following reasons:"

"In this case, the perpetrator, Qin Xiaofeng, male, is an adult. He knocked down the victim, Lu Ying, while driving. After a verbal dispute, Qin Xiaofeng was angry and deliberately injured Lu Ying, causing his death. The second instance verdict was decided by the Nandu High Court. After making a judgment, the family of the injured party found that the original second-instance judgment was wrong, and the Supreme Court instructed the High Court to conduct a retrial.”

"For the above."

"Are there any objections from the parties?"

Prosecutor Zheng Lijun: "The case is true and there is no objection."

Defendant Jiang Min: "No objection."

Su Bai: "No objection."

Boom, boom, boom!

Yu Caixia banged the gavel again:

"All parties have no objection to the cause of this case, so let's ask the prosecutor to make a prosecution statement."

"The victim also serves as the prosecutor and is prepared to provide additional explanations."

Boom, boom, boom!

"let's start."

Yu Caixia sorted out the materials and looked at prosecutor Zheng Lijun.

"Good judge."

Zheng Lijun looked at the materials that had been prepared and stated:

"The prosecution determined:"

"The defendant Qin Xiaofeng is suspected of intentional homicide and has caused a major social impact. He requests the court to impose a death sentence on Qin Xiaofeng."

"The charge is as follows:"

"First, Qin Xiaofeng caused injuries to the victim Lu Ying while driving. Not only did he fail to inquire in time, but he also attacked the victim with a knife because of a verbal dispute."

"The attack lasted five times and was cruel to a pregnant woman. The impact on society was extremely bad."

"Second, according to the evidence provided by law enforcement and the confession provided by Qin Xiaofeng, when Qin Xiaofeng got out of the car, he had a verbal dispute with Lu Ying. It was just a simple verbal dispute, but Qin Xiaofeng used the knife he carried in the car. Committing criminal acts against Lu Ying."

"This behavior was entirely for the purpose of committing a crime, and the knife on the car showed a tendency to commit a crime intentionally."

"Third, Qin Xiaofeng was over 18 years old when he committed the crime. He already has the ability to bear criminal responsibility that an adult should have. He has the ability to take responsibility for what he has done and should be tried by the law."

"Fourth, this case has aroused huge public opinion in society, causing huge social influence and extremely bad social impact. Since the victim was a pregnant woman, Qin Xiaofeng's intentional criminal behavior directly resulted in one death and two deaths, causing It has aroused public dissatisfaction with legal justice and caused serious negative and negative effects."

"According to the relevant provisions of the criminal law, the suspect committed a crime intentionally, and it is confirmed that it is a major crime. The method is extremely cruel and has a bad social influence. He has the right to be sentenced to death."

"That is, the prosecutor applied to sentence Qin Xiaofeng to death."

"Presiding Judge, we have finished our statement."

After Zheng Lijun finished stating the lawsuit application and related matters according to the materials prepared in advance, he raised his head and looked at the trial bench.

On the judgment stand.

Yu Caixia briefly organized the court trial materials based on Zheng Lijun's statement.

Then he looked at Su Bai at the prosecutor's seat.

"I would like to ask the prosecution and the victim if there is anything else you would like to add...?"

Prosecutor Zheng Lijun has already said everything that needs to be said.

Apply for the death penalty.

And added a series of evidence explanations.

At the stage of stating the lawsuit application, Su Bai had nothing to add.

Clear your mind.

Su Bai said: "Presiding judge, we have nothing to add to the prosecutor's statement on the lawsuit application."

Boom, boom, boom!

The gavel struck.

"The prosecution has finished its statement. Now let's invite the defense lawyer to make a defense."

The pressure was put on Jiang Min.

During the first and second trials of this case, Jiang Min was the defense lawyer.

To be honest, the pressure of defense is not very high.

Just follow the normal process.

The death penalty is almost impossible, and there is definitely no problem with a suspended death penalty.

But this retrial

At present, Su Bai's application to apply the principle of recusal has changed all the members of the collegial panel.

Facing Su Bai, the "Tianke" of Nanyuan Law Firm, he really had no chance of winning.

However, this defense still needs to continue to be pursued as hard as possible.

Take a deep breath.

Jiang Min began to defend his sentence.

"Good judge"

"Our legal claims are as follows:"

"One: Our client has a good attitude in admitting his mistakes, takes the initiative to plead guilty, does not refuse to plead guilty, and confesses the facts of his crime."

"Two: According to the description of our client and the evidence of the law enforcement party:"

"First, our client did not know the fact that Lu Ying was pregnant at the first time."

"Second: Our client carries a knife in his vehicle, but the purpose of carrying the knife is not intentional homicide."

"Third: When we had a quarrel, we did not attack with a knife immediately. Instead, we carried out the murder under the stimulation of the fierce quarrel and the other party's words. This is not intentional murder."

"According to the concept of criminal psychology, this is a psychological and emotional crime under impulsive behavior, also known as a crime of passion. The motive of this type of crime is not just intentional murder."

"It is a criminal act that manifests itself in the perpetrator's psychological state."

"At the same time, we have just reached adulthood, and it is normal to have this kind of mentality."

"In addition, our client has the subjective intention to surrender. The Criminal Law stipulates that surrender should appropriately reduce the criminal's punishment, and minor crimes should be exempted from punishment."

"I would like to ask the presiding judge to consider the sentencing of our client Qin Xiaofeng from these aspects, rather than directly concluding the death penalty."

"Presiding Judge, we have finished our statement."

After Jiang Min finished his statement.

Su Bai's eyes fell on the accused's seat.

Jiang Min did not deny the fact of Qin Xiaofeng's crime because it could not be denied.

It can be seen that the other party is trying its best to obtain Qin Xiaofeng's commutation of sentence and rejection of the death penalty lawsuit from other aspects.

There are two key points.

The first point is from the subjective purpose of carrying a knife, thus proving that Qin Xiaofeng did not murder intentionally, but committed a crime of passion.

There is a big difference between these two points.

When Su Bai defended Qi Feng, he used the concept of emotional crime to express Qi Feng's subjectivity.

He did not expect that Jiang Min would use it in Qin Xiaofeng's case.

You must know that intentional murder has a strong subjective criminal motive, and the sentence must be severe.

As for emotional crimes, compared with subjective intentional murder, the subjective criminal motivation is slightly weaker, and the result may be a lighter sentence.

This is the first key point of Jiang Min's plea - killing with passion and emotional crime.

The second key point is from the aspect of surrender.

in the legal definition.

Surrendering does lead to a lighter punishment.

This is also a legal measure to avoid resolute resistance by criminal suspects.

But.….

Is Qin Xiaofeng definitely surrendering...?

Su Bai couldn't say he was unsure about this conclusion, but the other party couldn't say he was sure either.

Boom, boom, boom!

The presiding judge Yu Caixia banged the gavel. After listening to Jiang Min's description, Yu Caixia frowned slightly and then looked at the prosecutor.

"Does the prosecutor have any objections to the defendant's statement?"

Zheng Lijun looked at the litigation materials and frowned.

He has learned about this case many times. According to the other party's statement, the death penalty is indeed unreasonable.

But he acts as the prosecutor.

Putting aside the other party's arguments, there is indeed nothing wrong with applying for the death penalty.

Faced with Jiang Min's report, Zheng Lijun couldn't find any good angle to defend himself.

After more than ten seconds of silence, he asked with a small point of defense: "Then why did Qin Xiaofeng stab Lu Ying five times...?"

"The first stabbing can be explained as an impulsive criminal act. So how can we explain the five stabbings in succession...?"

"The time of five knives was between five and fifteen seconds. This time is already considered a long time in the crime of using knives to commit intentional injury. How does the defendant explain this?"

Faced with the questioning, Jiang Min spoke calmly: "Through the statement just now, it has been shown that our client committed a crime of passion and an emotional crime."

"Under this kind of behavior, the criminal's rationality is weakened or lost, and his ability to control himself is weak. This can also explain why our client continued to harm the victim in that situation."

Su Bai frowned slightly after listening to Zheng Lijun and Jiang Min's statements.

It is clear.

During the plea between prosecutor Zheng Lijun and defense lawyer Jiang Min.

Currently, Jiang Min has a certain upper hand.

Because Zheng Lijun was led astray and followed Jiang Min's lead.

certainly.

This is also understandable. Jiang Min's defense is well-founded. It is definitely not possible to break it based on the two points just now.

so.…

Zheng Lijun wanted to accuse Qin Xiaofeng of his crimes through other aspects.

But he was blocked back.

After Jiang Min finished his statement, Zheng Lijun looked in Su Bai's direction and sighed deeply.

As a public prosecutor, he may not be able to beat Jiang Min.

But as Su Bai is a top criminal lawyer, that might be possible.

.

….…

at the same time.

Qin Xiaofeng's eyes lit up in the defendant's seat. He didn't know much about the law.

But he also knew that the original verdict of the second trial had been decided, but a retrial of some sort was obtained.

It's definitely not good for him.

As his defense lawyer, Jiang Min also told him that he should be mentally prepared for this retrial.

But judging from the current situation...

My side has the upper hand...

At the beginning, when faced with the accusation, Qin Xiaofeng was still worried, but now, a lot of his worries have come to an end.

The same is true for Wan Yuping in the family seat.

He stared at Su Bai with deep resentment in his eyes.

A cow...

Although you say you are awesome...but now we still have the upper hand, right?

After Jiang Min finished his statement, Wan Yuping smiled proudly.

There probably won't be any big problems in this trial.

That Su Bai may not be able to defeat the lawyer they hired.

Jiang Min:.

You are bragging, don't take me with you...

….…

Compared to Wan Yuping, Qin Anhai is relatively calm.

after all

He knew very well that in the current trial, it seemed that their defenders had a certain advantage, but that was before the prosecutor.

The real problem is facing Su Bai's accusation.

I didn’t see that Su Bai took away He Hui who was not conducive to the trial.

Therefore, Qin Anhai's heart was still anxious about what would happen in the next court hearing.

PS: Please vote for me~

First update