As a Lawyer, You Sent the Judge In?
Chapter 184: judgment! life imprisonment! It’s valid for four years! (
Chapter 184 Judgment! life imprisonment! It’s valid for four years! (Thanks to the leader of Wenxiu for the reward)
It is not difficult to determine that Wang Yuan’s circumstances are too serious.
As long as the causal relationship in criminal liability is related, there is no big problem.
Besides, this issue has been defended in detail before.
It will be much easier later on, you just need to simply bring it up.
At the judgment seat.
Presiding judge Zhou Guangyu asked Su Bai to state the relevant division of causal responsibilities.
Su Bai started to divide responsibilities based on three points.
Three of the main responsibilities are:
First: Wang Yuan did not inform Fang Zhihui about Wu Guoxing's behavior at the door of the rental house.
Second: When Wu Guoxing committed the crime, Wang Yuan knew about it, but did not take any action to call the police or help Fang Zhizhi call for rescue.
Third: Wang Yuan’s subjective intention cannot be proven.
The subjective intention here refers to Wang Yuan’s subjective intention as to why she did not call the police or call for rescue.
These three points are the views put forward by Li Peng and Yang Qifan during the discussion in the collegial court.
Su Bai’s statement on these three points is not much different from the results of the deliberations of the collegial panel members.
After Su Bai finished his statement.
Wei Hao refuted, specifically he wanted to refute through Wang Yuan's subjective behavior.
However, there are no objective factors to confirm subjective behavior, so Wei Hao's rebuttal seems particularly weak.
咚咚!
After both sides made their statements, the presiding judge Zhou Guangyu banged the gavel.
Looking at the litigation materials, he nodded slightly, already making a decision in his heart.
The next step is the court statement.
It is also the most critical link in this trial, and it is also the last link.
Ye Hua and Wei Hao acted as litigation attorneys for Wu Guoxing and Wang Yuan.
They all know very well that the court statement is also their last chance.
Although some sentences have been completed, it may be possible to make appropriate use of court statements to reduce the sentence.
On the bench seat, Zhou Guangyu circled the court scene and spoke slowly:
“Does the parties to the trial have any other objections to the defense of the current trial?”
All parties expressed no objection at the same time.
The gavel struck.
Zhou Guangyu continued to speak:
“Since none of the parties have any objections, the last part of the litigation will now begin, the court statement.”
“Please ask the defendant Wu Guoxing or Wu Guoxing’s litigation agent to make a court statement.”
“Parties and litigation attorneys, one of you may make a court statement.”
Facing the words of the presiding judge, Ye Hua said: "Presiding judge, in this trial, we are our client making the final court statement."
“Then please let the defendant Wu Guoxing make his final court statement now.”
Wu Guoxing glanced at his parents at the defendant's seat and remembered Ye Hua's previous reminder to him.
Pleas guilty and accepts punishment, has a sincere attitude, does not resist, refutes, or raises objections.
After thinking of this, Wu Guoxing raised his head and looked at the judgment seat:
“Presiding judge, I have no excuse for my crime.”
“I don’t have anything else to say about the court presentation.”
“I plead guilty.”
“I admit that I killed Fang Zhihui, and I am willing to accept the punishment that deserves it.”
“No matter what the sentence is for me, whether it is the death penalty, life imprisonment, an additional sentence of fixed-term imprisonment, or upholding the original sentence.”
“What I want to say is that I support the verdict of the trial.”
“It’s just...”
Wu Guoxing turned around and looked at the litigant's seat.
“Presiding judge, I have other things to say to the mother who wants to know the other person’s wisdom.”
"I can understand the mood of Fang Zhihui's mother. I would like to say sorry here. It was my impulse that caused the current result."
“I would like to sincerely apologize to you.”
Speaking, Wu Guoxing bowed deeply to the litigants' seats.
Xie Jingmei's eyes were red, her lips were pursed tightly, and she didn't say a word.
Is an apology useful?
This belated apology means nothing to her.
It can only be said that it made Wu Guoxing feel a lot better.
Reduced a lot of guilt.
But what about her?
Her daughter was killed by Wu Guoxing. At this time, out of guilt in his heart, the murderer apologized to her.
Should she accept this guilt and apology?
Don’t, and it’s impossible to accept it.
Xie Jingmei said nothing and refused to accept Wu Guoxing's apology.
Su Bai noticed Xie Jingmei's eyes were red and signaled Li Xuezhen to pass the paper to Xie Jingmei.
This kind of apology is very common in court.
Looking very sincere.
Whether it was actually a sincere apology or an apology intended to give the judge a good impression, no one knows.
At this time, Zhou Guangyu banged the gavel: "Has the defendant Wu Guoxing finished his statement?"
“President, I have finished my statement.”
“Okay, then let’s invite the defendant Wang Yuan or the defendant’s attorney ad litem to make a statement in court.”
Zhou Guangyu glanced at the litigation materials, and then looked up at Wang Yuan's defendant's seat.
At this time, Wei Hao raised his hand to signal:
Zhou Guangyu noticed Wei Hao's gesture: "What's the problem with the defendant's attorney?"
Wei Hao said: "Presiding Judge."
“Can we request that our client and litigation attorney make separate statements?”
"Because I am worried that our litigation attorney may not be too clear in some aspects. In fact, our litigation attorney is still very ashamed of Fang Zhihui's death."
Xie Jingmei:? ? ?
Very ashamed?
She was so ashamed that she was unwilling to testify in court at the beginning, right?
Why was Wu Guoxing given such a light sentence in the first trial?
If Wang Yuan is really guilty, why is she unwilling to testify in court?
Even when she begged Wang Yuan to testify in court, Wang Yuan directly blocked her and secretly ridiculed her on Weibo.
Is this called shame?
Are you afraid that you will go to jail, for many years, and when you get out, you will worry that your life will not be as good as now, so now you feel guilty?
Xie Jingmei was emotional...Li Xuezhen whispered comfort at the side:
"Don't worry...Lawyer Su will definitely let the other party get the punishment he deserves!"
“If we get excited, we will fall into the other party’s trap and it may delay the trial and the sentencing.”
Hearing this, Xie Jingmei's mood calmed down.
.
….
Zhou Guangyu frowned slightly and banged the gavel: "The collegial panel rejected the application of the defendant's litigation attorney."
“Only one person can make a court statement.”
“Please ask the defendant’s attorney to confirm the persons who will appear in court to make statements in court.”
Wei Hao did not expect that his application would be rejected and glanced at Wang Yuan.
“Invite our client to make a court statement.”
“Then, please invite the defendant Wang Yuan to make her final court statement now.”
Facing the final court statement, Wang Yuan seemed a little panicked, her eyes constantly jumping back and forth between her parents and the litigants.
She didn’t know how to make a court statement.
Because she didn't know how to refute, or she couldn't refute any accusation against her.
Wang Yuan's expression was a little anxious, but Zhou Guangyu didn't give Wang Yuan any chance.
“Now I invite Wang Yuan, the defendant party, to make a statement in court.”
At the urging of the presiding judge Zhou Guangyu, Wang Yuan finally set her sights on Xie Jingmei.
“Presiding judge, I don’t know how to make a court statement...”
“The court statement is a summary of the trial. You just talk about what you think about the case, or what you think is wrong in the judgment of this case.”
“Then can I talk to her?”
Wang Yuan pointed at Xie Jingmei.
Zhou Guangyu said: "You have the right to make a statement, but the other party has no obligation to respond to your inquiry."
"OK.…"
Hearing the exact words, Wang Yuan seemed to have found her target, looked at Xie Jingmei and began to state.
“Auntie Xie...I know I did something wrong and I should have called the police, but I really didn’t think about it that much at the time. I really didn’t know what to do!”
“Auntie Xie, you have to believe me...”
“Thank you, Auntie…”
“You should know that the relationship between Zhizhi and I has always been very good, otherwise we wouldn’t have been able to live together.”
"I really didn't think of anything else at the time. I didn't inform Wisdom. I thought Wu Guoxing could not harm Wisdom." "Aunt Xie, don't you believe me?"
“I don’t want to see it like this, but...I really didn’t know what to do at the time.”
“I believe in wisdom, and I don’t want to see this scene.”
“And she doesn’t want her mother to let her good friend go to jail.”
"Aunt Xie, please forgive me. I really didn't think clearly at that time and didn't think of so many things. I will be your daughter and goddaughter from now on."
“Thank you, Auntie… okay?”
Wang Yuan was so anxious that she was about to cry.
Facing Wang Yuan's words, Xie Jingmei's face showed rare anger.
Goddaughter?
When she begged the other party, what was his attitude?
Block her directly!
Now that you know that you can't escape the punishment of the law, you cried at the court hearing and asked to be your goddaughter?
What about her own daughter?
I will never see my daughter again!
Wang Yuan just wants to make herself forgive her with these few words?
Why? !
Absolutely impossible!
Looking at Xie Jingmei’s face becoming more and more angry, Su Bai directly raised his hand to signal:
“Presiding judge, the defendant’s court statement has seriously deviated from the court hearing and the content of the court statement.”
“We apply to suspend Wang Yuan’s court statement.”
咚!
“The application is approved, Wang Yuan will no longer make statutory statements and keep quiet!”
Facing the gavel falling on the trial platform, Wang Yuan glared at Xie Jingmei with a hint of resentment, then briefly looked at her parents in the defendant's seat nervously.
Court presentations continue.
“The defendant has finished his statement and now the prosecutor is invited to make his statement.”
Wang Kai has nothing good to say about the trial.
The content of the statement simply accused Wu Guoxing and Wang Yuan of their crimes.
At the same time, the question of the recommended sentence was raised.
I don’t know if it was because I discussed it with my assistant lawyer during the adjournment stage.
Or based on the plea at the trial, other ideas came to mind.
In the court statement, the recommended sentence for Wang Yuan’s criminal negligence was four years.
Faced with changes in the recommended sentence proposed by the prosecution.
Zhou Guangyu said: "The collegial panel has understood the prosecutor's statement and now invites the litigants or parties to make court statements."
Su Bai originally wanted to hand over the court statement to Xie Jingmei, but Xie Jingmei was too emotional.
So Su Bai had to make the court statement instead.
“Presiding Judge, our court statement is as follows:”
“According to the litigation evidence submitted by our side, several relevant pieces of evidence are Wang Yuan’s implicit humiliation and insults towards our client Xie Jingmei.”
“We don’t know why the defendant Wang Yuan has so much hatred for our client.”
"But we know that Wang Yuan will not feel any guilt towards us."
“As for the final outcome of this trial, we only hope that the presiding judge can use the most fair and just law to make a judgment.”
“Presiding judge, our statement is complete.”
There is evidence, factual basis and objective factors.
There is no need to say so much in the court statement, as long as you highlight the key points.
After finishing the statement.
Su Bai looked at the judgment seat.
Xie Jingmei also set her sights on the judgment seat. At this time, she was extremely hopeful that the presiding judge could sentence all the culprits who killed her daughter and those who had committed criminal acts.
Zhou Guangyu sorted out the litigation materials and then banged the gavel.
咚咚!
The dull sound of the gavel falling echoed throughout the courtroom.
It was accompanied by Zhou Guangyu’s serious voice: “Now let’s announce the verdict!”
Clerk: “Everyone stand up!”
At the court hearing, all relevant personnel stood up, and everyone’s eyes were focused on Zhou Guangyu’s face.
Zhou Guangyu began to read out the verdict:
“Cause of this case:”
“The litigant is dissatisfied with the Sudu Intermediate People’s Court’s first-instance verdict on Wu Guoxing’s intentional homicide and applies for an appeal.”
“And, it is believed that the party involved, Wang Yuan, is suspected of causing death due to criminal negligence in this case, and lodges an appeal.”
“This court hearing is a joint trial case.”
“The verdict will be announced below:”
“1: Regarding the litigant’s request to revoke the first-instance judgment, the Sudu High Court held that:”
“In the first-instance judgment, the Sudu Intermediate Court’s sentencing was inappropriate.”
“When Wu Guoxing’s opponent acted wisely, it was obviously a sudden killing, and it was a killing caused by his own factors.”
“Wu Guoxing confessed to his murder.”
“Taking into account the social influence of this case and Wu Guoxing’s criminal facts and surrender circumstances.”
“Now, the judgment and punishment of Wu Guoxing in the second instance are announced.”
“The first-instance verdict of eight years’ imprisonment for Wu Guoxing is revoked and Wu Guoxing is sentenced to life imprisonment!”
“Two: Criminal negligence accusation against Wang Yuan.”
“The following judgments are available:”
“(1) Throughout the entire case, based on the objective facts, Wang Yuan had obvious knowledge and could foresee that Wu Guoxing might harm Fang Zhihui, but she did not notify Fang Zhihui and asked Fang Zhihui to dissuade Wu Guoxing.”
“Based on this judgment, Wang Yuan’s criminal liability for Fang Zhihui’s death has a causal relationship.”
“(2) During the incident, Wang Yuan obviously knew what happened, but after the incident, she failed to call the ambulance and police calls in time.
Based on (1), Wang Yuan needs to bear part of the responsibility. "
“(3) Based on the first and second points, it is determined that Wu Guoxing caused Fang Zhihui’s death and that Fang Zhihui failed to receive timely rescue. In both respects, Wang Yuan needs to bear corresponding responsibilities.”
“According to the criminal law, those who cause death by negligence and cause relatively serious consequences shall be sentenced to 3 to 7 years in prison.”
“During the course of this case, Wang Yuan’s confession was insincere, there was no circumstance for surrendering, and it caused serious consequences.”
“That is, sentenced to four years in prison!”
“This court has jurisdiction over this case and all applicable laws shall be in accordance with domestic laws.”
“If the parties have any doubts about the judgment of this case or believe that there are any problems with the judicial process, they can file a review and supervision with the relevant supervisory department or continue to appeal.”
“Within ten days of the court closing, this court will send a judgment to all parties.”
咚咚!
“Closed court!”
The last two words were accompanied by the dull sound of the gavel falling.
The trial is over.
But some people are dissatisfied with this verdict.
In the defendant's seat, Wang Yuan was stunned for a moment after hearing that she had been sentenced to four years in prison.
Obviously he couldn't accept that he was sentenced to four years.
One sentence kept popping up in my mind: Wasn’t it because I didn’t help Xie Jingmei to appear in court to correct her? Why was she sentenced to four years?
“Presiding Judge!”
“I don’t accept this verdict!”
"I think there is a big problem with this sentence. Why should I be sentenced? I didn't kill the person!"
“Why should I be sentenced to four years in prison?”
"I think there must be something going on between you. Otherwise, why would you sentence me to four years in prison?"
“I’m going to file a supervisory review, and I’m going to ask the prosecutor to protest!”
Facing Wang Yuan’s roar in court, Zhou Guangyu, who was sitting at the trial table, glanced at Wang Yuan lightly.
Do you think there is something wrong with this court decision?
Also said that he had an improper relationship with the litigant?
Alright, alright, alright!
Initiate supervision and review.
Why can he be afraid?
.
….
Li Xuezhen’s face was serious: Do you think you are Lawyer Su?
Can the chief judge be sent in just by filing a supervisory review?
It is not certain whether this kind of judgment will be accepted if it is submitted to the relevant departments...
PS: Please give me a monthly ticket~
Tonight when I was typing, I glanced at the background and suddenly found that I had an extra alliance leader!
Thanks to the boss for the reward.
If nothing else, there will definitely be more updates!
However, there were a lot of things going on yesterday and today, so we may have to wait until tomorrow~
(End of this chapter)
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