As a Lawyer, You Sent the Judge In?

Chapter 122 has no factual basis and relies on personal subjective judgment. This is an injustice to justice.

 At the court hearing.

Lu Hongmei stared closely at Su Bai, who was sitting on the litigating side.

  ? ? ?

 What does this mean? She kept stopping her questioning?

 Are you still allowed to continue asking questions?

Su Bai noticed Lu Hongmei’s gaze and didn’t pay much attention to it.

In court trials, it is precisely because there are so many unscrupulous lawyers that there are so many unjust, false and wrong cases.

 Have been complaining for many years without getting the result they want.

 When you commit a crime, you commit a crime.

 No crime means no crime.

Everything is done according to laws and regulations, and according to evidence. Why are you talking about "subjectivity" and "should"? !

  To prove guilt, you must present evidence. You cannot convict a person just because something happened.

 According to your inducement and your subjectivity...

If you feel guilty, you are guilty, and if you feel innocent, you are innocent.

 The right to interpret the law is in your hands.?

 Come, come, come….

Sit on the bench and let the person in the middle speak. See if he dares to say that the power of interpretation is in his hands.

If he dares to say something today, then the achievement point has been achieved.

At this time, Li Xuezhen whispered:

“Lawyer Su, I think the lawyer Lu opposite me...doesn’t have the ethics of a lawyer.”

"Um!"

Su Bai nodded.

Lu Hongmei did not have any ethics by inducing the parties involved to speak.

how to say

At the court hearing, there is no problem at all if you use evidence or the scope of application of legal provisions to defend your case.

 But you tried to induce the subjectivity of the parties in the court hearing. Isn't this too outrageous?

 It is forbidden to ask questions.

This is considered a relatively light sentence given by the presiding judge.

 To be more serious, you can directly activate the ban or directly order you to leave the court hearing.

.

 ….…

 Dong dong dong!

　　The gavel was struck in the trial of Yangtze River Hetao.

“The prosecutor’s questions are suspected to be misleading. The prosecutor’s questions about the parties are now suspended and the prosecutor is asked to continue making statements.”

　　咚!

 Hear the sound of the gavel falling.

Lu Hongmei took a deep breath.

I knew I couldn’t ask any more questions, so I could only continue to speak:

 “Presiding Judge.”

“Based on the evidence and the statement just made by the party involved, Wang Mingxuan.”

“It has been explained that Wang Mingxuan had already foreseen Lin Xiu’s dangerous behavior, and according to the conditions of criminal negligence causing death, he committed a crime of negligence.”

“Those who foresee an act that may cause the death of others but fail to act, or who credulously believe that it will not cause death, shall be convicted of the crime of negligent causing death.”

“That is, there is no problem in determining that Wang Mingxuan’s negligence caused death.”

Su Bai raised his hand: "We deny it!"

“During the trial, the prosecutor has been emphasizing and inducing Wang Mingxuan’s subjective intention, indicating that Wang Mingxuan had foreseen Lin Xiu’s dangerous behavior.”

"But!"

“Can the prosecutor determine Wang Mingxuan’s subjectivity without relying on yours?”

“Can the prosecution produce substantive evidence to show that Wang Mingxuan has foreseen or predicted that Lin Xiu was about to commit dangerous behavior?”

 “Presiding Judge.”

“Based on the evidence from law enforcement, the relevant Wang Mingxuan’s confession, and the evidence provided by the prosecutor.”

“There is no strong or even supporting evidence that can prove that Wang Mingxuan foresaw Lin Xiu’s actions. Why do the prosecution lawyers insist that Wang Mingxuan had foreseen Lin Xiu’s actions?!”

Lu Hongmei: "Then why did Wang Mingxuan slow down?"

“Isn’t the reason for slowing down because Lin Xiu’s actions have been foreseen?!”

 Su Bai: .….…

what are you saying.…?

“The legal definition of negligent death is that a person who foresees that his or her actions may cause the death of others can be convicted of the crime of negligent death.”

“Our client saw Lin Xiu leaning out of the car window. This behavior was very dangerous. Normal drivers would slow down to protect the safety of passengers. Isn’t this normal?”

"at the same time."

“While driving a vehicle, Wang Mingxuan’s energy will be on the vehicle itself. During this period, a series of behaviors are only subconscious behaviors.

 In addition... foreseeing danger is not the same as foreseeing a jump. "

“Please ask the prosecution to take this factor into consideration.”

Lv Hongmei: "But as a professional, shouldn't Wang Mingxuan have experience in this area? Why didn't he foresee this situation? Doesn't he know Lin Xiu's panic and worries as a single girl?"

Su Bai:? ? ? ?

What kind of criminal causal relationship is there between these two?

 Not at all!

The other party’s statement is completely nonsense!

Are you trying to get him to think along the other person's train of thought?

Then fall into the other party’s thinking trap?

But

The other party is really looking down on a top criminal lawyer.

Su Bai looked calmly at Lu Hongmei at the prosecutor's seat, and then looked up at the presiding judge's seat.

 “presiding judge”

“We believe that there is no criminal causal relationship between the two.”

“Application to dismiss the prosecution’s defense.”

 Dong dong dong!

At the trial table, Jiang Hetao took a look at the materials and banged the gavel:

  “Invite the litigant to state your objection.”

 “A good judge.”

“We believe that the prosecutor’s accusation against us has no obvious evidence and is relying entirely on subjective accusations.”

"For example:"

“As a driver with more than ten years of driving experience, we should have enough experience to make predictions. There is no inevitable relationship between the two.”

"Also. As a single girl, Lin Xiu's panic can be judged based on her previous experience. But is there any inevitable connection between Lin Xiu's panic and jumping out of a car?"

“As a driver, how could Wang Mingxuan predict that Lin Xiu would jump out of the car?”

“From a legal perspective, the prosecutor’s statements are based on subjective factors and there is no substantive evidence to judge and prove. Wang Mingxuan foresees this possibility.”

“Based on the above, we apply to reject the prosecution’s argument.”

“Presiding judge, we have finished our statement.”

　　咚咚!

Judge Jiang Hetao banged the gavel, looked at the prosecutor's seat, and then looked down at the materials.

“Based on the application made by the litigant and the defense alleged by the prosecutor.”

"Currently, the prosecution does not have any strong evidence to prove that the party involved, Wang Mingxuan, had any "foreseeable" behavior of jumping out of the car."

　　咚咚!

  “The judgment on this point will be discussed later.”

 “Now let’s summarize the key points of dispute between the litigants and prosecutors.”

“The focus of the dispute between the prosecutor and the litigants is whether Wang Mingxuan had foreseen that Lin Xiu, the perpetrator, would jump out of the car and endanger his life.”

“Do the prosecutors and litigants have any objections to this point?”

Su Bai: “We have no objection”

 Lv Hongmei: “We have no objection”

　　咚咚!

 “Now let’s start asking questions to the parties involved.”

Jiang Hetao looked at the litigation materials and then glanced at Wang Mingxuan at the party seat.

 “Is the person involved prepared to be asked questions?”

Wang Mingxuan seemed a little nervous, but he still said: "Presiding Judge, I'm ready."

Jiang Hetao nodded slightly and followed the process: "During the trial, all the answers given by the parties will be used as evidence. If it is found that the parties have deceived, lied, and other behaviors that are inconsistent with the facts, the responsibility will be borne by the parties. Does the party understand this?" "learn."

"good!"

　　咚咚!

Jiang Hetao raised his head and asked: "What was the client's mental state before Lin Xiu jumped out of the car?"

“My thought at the time was that it was unsafe for Lin Xiu to stretch her body out.”

 “So where do you think the unsafe point is?”

“Because I was not the only car on the road, it was dangerous to stick my hands or body out of the car, so I let go of the accelerator, slowed down, and prepared to warn Lin Xiu.”

“Before Lin Xiu jumped out of the car, did he express to you that he had the idea of ​​​​jumping out of the car?”

"No."

“Then what did you do after Lin Xiu jumped out of the car?”

 “Pull over and call the emergency number”

"Um!"

Jiang Hetao nodded.

 Hit the gavel.

　　咚咚!

 “Now for the adjournment stage!”

 “The hearing will begin again in one hour.”

 After the adjournment of the court is announced.

 In the court of judgment.

Lu Hongmei’s eyes fell on Su Bai.

At this time, Li Xuezhen's eyes were also staring at Lu Hongmei.

Just stare, who is afraid of whom?

 Don’t you know how many people I, Xiao Li, have stared at?

 Still glared at Lawyer Su.

 I'm staring at you!

 Still staring, right...?

  A few seconds later.

Lu Hongmei couldn't stand Li Xuezhen's gaze, so she withdrew her gaze.

at this time.

Xu Qing, another lawyer on the side, said worriedly:

“Now that we have reached the adjournment stage, the current trial situation seems to be unfavorable to us!”

Lu Hongmei took a deep breath:

“There is nothing disadvantageous. Although we say we can’t produce any subjective evidence, the other party can’t produce any strong evidence either.”

“The presiding judge has not yet made any judgment.”

 “There’s no need to worry.”

 “It will be fine when the time comes for court presentations.”

"Do not worry.…"

“People like Wang Mingxuan should be severely punished by law!”

 Tut.…

 Severe punishment by law is not a subjective punishment!

 The other side.…

Li Xuezhen’s face turned red.

"Lawyer Su, the court is adjourned...Lawyer Lu seems to have cataracts and has been looking at you."

“But Lawyer Su, you don’t have to worry.”

 “I’ve already looked back at her...”

 Su Bai: .….

 Xiao Li is amazing.…

 This look in my eyes becomes more and more powerful the more I practice it...

.

 ….…

 In the deliberating room of the collegial panel.

Jiang Hetao looked at the other two judges, Feng Qian and Zhang Yingying.

“I have read the first-instance judgment in this case. The judgment against Wang Mingxuan was too harsh. This is why our court chose to accept the second instance...”

 “But let’s not mention this for now.”

“The main difficulty now is whether to determine whether Wang Mingxuan caused death due to negligence.”

 “I’d like to hear what you two think…”

 After Jiang Hetao finished speaking, Feng Qian and Zhang Yingying were silent for a few seconds.

 Following that, Feng Qian said: "I think this case should be judged."

"The main point of this case is that Lin Xiu is indeed dead..."

“And he jumped from Wang Mingxuan’s car and died. This is the result.”

“And the public opinion on the Internet is so loud, our second instance should follow the voice of public opinion and make certain considerations.”

Zhang Yingying on the side frowned slightly after hearing Feng Qian's words.

“...Lin Xiu’s death is indeed the result. Wang Mingxuan should indeed be held responsible for Lin Xiu’s death. However, criminal responsibility still needs to rely on legal basis. The voice of public opinion should not affect the fair sentencing of our judiciary.”

"And we can't just look at the voice of public opinion, but also consider the impact of these issues from a judicial perspective. As far as I know, some judicial agencies in Nandu, Beidu, Xanadu, and our Shadu and other places have The case was discussed.”

"The result of the discussion is...this time the sentence imposed by our Shadu Intermediate Court is unreasonable."

 Feng Qian spoke again.

“I don’t agree with Zhang Yingying’s view. The result has already been achieved. Wang Mingxuan’s subjectivity is entirely formed by his personal will. He can say whatever he wants. If he says no, then does it really mean there is no?”

"But...he said no, can you provide evidence to prove that he did? You can't provide substantive evidence to prove that Wang Mingxuan's subjective intention was to predict Lin Xiu's jumping off the car. Isn't this an unjust case? "

 “What if the other party really doesn’t have one?”

“If we judges only rely on our own subjectivity to judge cases, it will lead to many unjust, false and wrongful convictions. This has never happened in the judiciary. Don’t you know this?”

 Zhang Yingying dismissed Feng Qian’s point of view.

Feng Qian's eyes were locked on Zhang Yingying's face: "Okay, okay...you are directly putting a hat on my head. You think I am unqualified as a judge, right?"

"No, what I mean is that we need to use legal basis to confirm the facts... rather than relying on subjective personal wishes. I also believe from the bottom of my heart that Lin Xiu's jumping off the car had a certain influence on Wang Mingxuan."

“But this is not the reason to convict Wang Mingxuan. What we need is to use legal basis and evidence to prove Wang Mingxuan’s guilt, rather than relying on the judge’s personal subjectivity.”

“There is indeed no evidence that Wang Mingxuan is guilty in this case.”

“If the judge only relies on personal subjectivity to judge the case, it will cause judicial injustice, which is unfair to the person being tried.”

 Feng Qian looked impatient when Zhang Yingying said it.

“Then how do you think this case should be judged?”

“I think it should be judged based on factual and legal basis.”

 Zhang Yingying spoke seriously.

 At this time, Jiang Hetao interrupted the quarrel between the two people.

"alright.…"

“As for this case, since there is a dispute, let’s look at the evidence and the court statements from both parties...”

 “You two should stop quarreling...”

Jiang Hetao is not biased towards either of the two people.

Facing Jiang Hetao's words, Feng Qian and Zhang Yingying nodded at the same time.

 “A good judge...”

 Finished.

Zhang Yingying looked at Feng Qian and sighed deeply.

 PS: Please give me a monthly ticket~

 (End of this chapter)