As a Lawyer, You Sent the Judge In?
Chapter 224: The verdict is no objection! Spend the rest of your life living in a big pot!
Chapter 224: No objection! Spend the rest of your life living in a big pot!
For Li Xuezhen, she is now completely immersed in the emotions of joy and satisfaction.
This wave….
Haven’t everyone at the defendant’s seat gone in?
It’s simply wonderful!
Li Xuezhen's face turned red with excitement. She turned her head to look at Su Bai, unable to hide the joy in her eyes.
Su Bai smiled and said in a low voice: "There is no verdict yet, so concentrate on it."
Li Xuezhen nodded seriously.
At the judgment seat, Xu Hao took a long breath and knocked the gavel:
“It is now determined that the crimes of Du Ming, Ma Wu, Fang Shijun and Feng Xiang are factually established.”
“Do all parties have any objections?”
Su Bai: "No objection."
Lin Shen: “No objection.”
Xu Xiao: “No objection.”
Ma Wu’s lawyer: “No objection.”
.
….
There is no objection from all parties, and I can get off work early today, Xu Hao thought silently in his heart.
This court trial.
At this point, the general process has been completed.
but.….
In this trial, the chain of evidence prepared by the prosecutor was sufficient and there were no evidence loopholes.
It is normal to determine that the defendant’s criminal facts in the defendant’s seat are established.
The next judgment is not stressful, but it is crucial!
That is the sentencing of the defendant party.
The prosecution did not agree with the sentence recommended by the prosecution.
Rather, it is necessary to establish that Ma Wu, Fang Shijun, Feng Xiang, and Du Ming have particularly serious circumstances.
About this lawsuit.
Su Bai’s prosecution application and the determination of the circumstances are also a key defense.
The circumstances are relatively minor and may result in a fixed-term imprisonment of not more than three years, or even a suspended sentence.
If the circumstances are serious, the sentence will generally be one to three years in prison.
In particularly serious cases, the sentence is three to seven years in prison.
The sentence recommended by the prosecutor is based on the seriousness of the case.
And what Su Bai proposed is considered to be a particularly serious case.
After taking a breath, Xu Hao looked at Su Bai: "The facts of the defendant's judgment are established."
“The prosecution’s previous litigation application held that the prosecutor’s facts and the seriousness of the circumstances were inconsistent with this case. Can the prosecution make relevant statements based on this?”
Facing Xu Hao’s question, Su Bai nodded.
“Okay, presiding judge.”
About the determination of serious circumstances and particularly serious circumstances.
Applicable are a series of regulations including the interpretations of the Supreme Court and the Supreme People's Procuratorate on several issues regarding the application of law to relevant crimes.
According to relevant regulations.
There are precise provisions for the defendant's crime.
Having a huge impact on society is also one of the serious impacts.
This can be used to determine that the circumstances are particularly serious.
The prosecution determined the circumstances of the defendant party based on the heavy losses to the interests of the public.
But if it is determined based on the impact it has on society, it must be a particularly serious case.
Through this consideration, the sentence for Du Ming and others will be raised to a higher level.
.
…
Su Bai continued: "The criminal law explains in detail the provisions against abuse of judicial power and dereliction of duty."
“The following points can be considered as particularly serious circumstances.”
“First, it caused the death of many people.”
“Second, it caused an economic loss of more than 500,000 yuan.”
“The third point is for enterprises. In this case, we are an individual and will not discuss it further.”
“The fourth is social influence.”
“If the circumstances are determined to be particularly serious, it will result in particularly serious social impact.”
“In this case, several people on the defendant’s bench abused their powers or neglected their duties.”
“It has caused huge losses to our reputation.”
“And.”
“Qin Bao was originally a doctor of medicine and signed a graduation employment contract with a local tertiary-level hospital. However, due to this case, Qin Bao’s contract was banned.”
“Even through our medical psychiatric evaluation report, it was determined that Qin Bao had a slight mental illness.”
“This is only a physical and mental loss to us, as well as future life and economic losses.”
“But the impact on society goes far beyond that.”
“According to our investigation, Qin Bao’s case has had a huge influence on society. The number of rebroadcasts and reprints across the entire network has reached millions, and the number of views has been hundreds of millions.”
“Through this, we can see how much influence this case has had on society.”
“Based on the above points, we believe that the sentence for the defendant in this case should be considered and determined from the perspective of social influence to determine whether the circumstances are particularly serious.”
“The above is our statement, the chief judge.”
After Su Bai finished his statement, the defendants except Ma Wu were the parties involved.
The faces of the remaining Fang Shijun, Feng Xiang, and especially Du Ming suddenly changed.
As the chief criminal judge, he has a relatively deep understanding of criminal matters. He also knows that Su Bai's statement has a strong legal basis.
From other perspectives, the circumstances of his crime should warrant a real sentence, which is the sentence recommended by the prosecutor.
But stated in terms of...social influence.
If the circumstances are deemed to be serious, and there are other circumstances, the prison term will start at least five years and be less than ten years!
This is several times longer than the sentence previously recommended by the prosecutor!
If the court really determines that Su Bai's circumstances are serious. how to say.
He may need to stay in prison and eat from a big pot for the rest of his life!
Du Ming raised his hand to defend himself. After getting the consent of the presiding judge Xu Hao, he hurriedly began to refute:
“I don’t think the prosecution considered my circumstances serious.”
“Practice for personal gain and the negative influence on society cannot be determined through judgment.”
“I have seen relevant videos about social influence. Social influence is caused by law enforcement illegally arresting people across provinces.”
“Irrespective of the verdict, is the prosecution targeting all the defendants or is it targeting an individual?”
"When the prosecution makes the accusation, I would like to ask the prosecution to state this clearly. Otherwise, from the perspective of my own legal rights and interests, I can think that the prosecution is deliberately smearing me."
“The presiding judge can also conduct an investigation based on the evidence...Look at the evidence and the voice of discussion on the Internet, whether the presiding judge’s improper judgment has greater social influence, or whether the public opinion on the illegal arrest of law enforcement officers across provinces is greater.”
“Or maybe it’s about the treatment Qin Bao received in the detention center and why Qin Bao suffered mental trauma.”
“Most of what the prosecution stated was what happened during the filing of the case, arrest and detention, not what happened during the trial and judgment.”
“Although the entire litigation process is integrated, the specific circumstances are different, and each is responsible for its own functions. I do not assume other responsibilities.”
Faced with Su Bai's statement that the circumstances were serious, Du Ming hurriedly began to shift the blame.
It can’t be said to be a scapegoat.…
It can only be said that it has listed its own functions and other functions in detail, as well as which part of the network's specific impact is meant.
After listening to Du Ming's blame-shifting remarks, Fang Shijun and Feng Xiang were stunned.
Even if the two of them knew nothing about the law, they knew that the other party had directly dumped everything on them.
!!!
At this moment, Fang Shijun suddenly felt regretful that he had taken the blame...
I wish I could slap myself twice.
Fang Shijun originally wanted to refute Su Bai's statement and Du Ming's blame-shifting behavior.
But there is not a sufficient legal argument.
He finally rebutted for five minutes and was forcibly interrupted by Xu Hao, who stopped listening to the discussion.
at the same time.
Xu Hao is also thinking about the particularly serious circumstances stated by Su Bai.
This is a very rare case in which particularly serious circumstances are determined from the perspective of social influence.
But it does not mean that it cannot be identified.
Du Ming was very clear about this point, so he did not refute it at all, but used his functions to reduce the identification of his own part.
咚咚!
Sounding the hammer, Xu Hao slowly said: "Now enter the adjournment."
After the hammer fell, Xu Hao stood up and left the court hearing with two other members of the collegial panel.
The court hearing scene.
Su Bai smiled and exhaled softly. At present, the seriousness of the situation is determined from the perspective of social influence.
Basically there is no big problem.
When the members of the collegial panel announce the adjournment, they should consider the determination of the matter and the relevant prison sentence.
“Increase the punishment and increase the punishment!”
Li Xuezhen smiled and squinted her eyes, thinking silently in her heart.
at the same time.
In the collegial court discussion room.
Xu Hao and two other members of the collegial panel are discussing the prison term in this case.
The other two people are An Guoming and Liu He, the president and deputy president of the Intermediate Court.
After discussion, there are conditions for a reduced sentence and a lighter sentence in terms of Ma Wu’s attitude, explanation and correction of his confession and punishment.
The discussion on prison terms does not meet the criteria for determining the seriousness of the circumstances.
The discussion mainly focused on the prison terms of Du Ming and two former law enforcement officers.
“As for Du Ming, Fang Shijun and Feng Xiang, the prosecution proposed that the circumstances were serious. What do you two think about this matter?”
Xu Hao glanced at An Guoming and Liu He and asked.
As the president of the criminal court, An Guoming smiled and said: "This time the case has received relatively high attention, and public opinion has been relatively large."
“Not to mention other things, Du Ming’s attorney took the initiative to mention public opinion in the court hearing. I personally think there is something wrong with their subjectivity.”
Xu Hao smiled and nodded, understanding what An Guoming meant.
“What about social impact?”
“The evidence submitted by the prosecution can show that it has indeed caused huge social influence. The judgment is based on legal basis, but there are indeed provisions in the criminal law that need to take into account the factors of social influence.”
“Based on social influence, the circumstances are serious. Do you two have any problems with this?”
Liu He nodded slightly: "I don't have any questions. I just listen to the presiding judge."
An Guoming said: "Me too, I listen to the presiding judge."
Hearing the opinions of the two people, Xu Hao sorted out the litigation materials.
"Understood."
“Then let’s hear the court statements from all parties.”
“I have heard that the court statement stage of the prosecution Su Bai is more exciting than the defense stage.”
“Let’s talk about the general issue of prison term first?”
"Can."
“Yeah, okay.”
Liu He and An Guoming nodded and agreed with Xu Hao's opinion.
Twenty minutes later, the discussion was generally completed.
Xu Hao nodded with satisfaction, and now he is waiting for the court session to hear the court statements from all parties and announce the verdict.
.
…
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(End of this chapter)
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