As a Lawyer, You Sent the Judge In?
Chapter 392: Opposite judgment! Is this going to win the case?
Chapter 392 Opposite judgment! Is this going to win the case?
Presiding judge Xu Rufeng briefly organized the content of the defenses from all parties after hearing them.
Based on the current responses from the three parties.
It can be clearly felt that the statement of the lawyer entrusted by the defendant has a certain basis and has some advantages.
Why do you say that?
Because the lawyer entrusted by the defendant emphasizes surrender and under what circumstances.
What kind of meritorious performance has it achieved?
The lawyer entrusted by the defendant focuses on this aspect.
ˆThe prosecutor and the lawyer appointed by the victim emphasized the seriousness of the circumstances.
But there was no strong persuasion.
Of course...although the lawyer entrusted by the defendant emphasized this aspect emphatically.
But in fact, the core point of the case still comes back to one issue.
That is - surrendering with meritorious service. In this case, should the punishment be reduced from the death penalty to a suspended death penalty?
This is the biggest controversial point in this case!
Of course there are other minor disputes, such as whether Dong Baihao premeditated the harm to Dong Guoguo.
This kind of premeditation does not refer to having a specific implementation plan, but whether there is such a mentality or idea before.
In the final analysis, it is still a subjective matter.
In addition, and more importantly, does Dong Baihao know that Dong Guoguo has just turned ten?
This issue is also a key point.
If the assault occurs because it is known that the child is under the age of 14, that is forcing the child.
A violation occurs when someone is over 14 years old. According to the law, a 14-year-old is a woman.
Children and women are different concepts.
In this case, if Dong Baihao knew that Dong Guoguo was just ten years old, or that he was under 14 years old.
Then the nature of the case changes.
The nature of the case will become a subjective violation of a young girl!
Although there is no change in objective fact.
But through this subjective judgment can aggravate the seriousness of the circumstances!
Whether the circumstances of self-surrender can be used to reduce the sentence or punishment depends on these two points.
At the judgment seat, Xu Rufeng banged the gavel:
“The parties’ preliminary defense has now concluded.”
“In view of the content of the defenses of each party, we will now summarize them.”
“One: Did Dong Baihao have any obscene and intrusive thoughts about Dong Guoguo before?”
“Two: Does Dong Baihao know that Dong Guoguo is under 14 years old?”
“As for the first point, can the victim’s relatives tell you in detail whether Dong Baihao did anything abnormal to Dong Guoguo before the incident?”
Facing the behavior, Feng Yunxia seemed a little nervous and stood up, not knowing how to answer.
Li Xuezhen on the side said softly:
“Just answer truthfully. The presiding judge will carefully discern the content of your statement and ask you questions.”
Hearing Li Xuezhen’s voice, Feng Yunxia felt relieved.
And replied: "Yes."
“Actually, I didn’t feel this way until I found out that Dong Baihao killed my daughter. I had it before.”
“It’s just that I didn’t understand what was going on before. After I learned that Dong Baihao had killed Guoguo, I figured out why Dong Baihao did this.”
"Well! The collegial panel has already understood this. Just explain how it happened and what Dong Baihao did."
Hearing the words of the presiding judge, Feng Yunxia nodded:
“Sometimes Dong Baihao, when we meet at the entrance of the village, we occasionally chat about home affairs.”
“For example, chatting about whether we have eaten or not, or exchanging pleasantries.”
“Generally, the greetings at this time are just a few words, and we won’t say anything in depth.”
“But Dong Baihao is different.”
“When he met me in the village, I would chat with him about daily life, and he would suddenly ask me how my daughter was doing.”
“She will also say how beautiful my daughter is. It’s a pity that my daughter will get married in the future.”
“I even joke that my daughter doesn’t know which young man will be cheaper in the future.”
“I always felt strange when I heard this kind of thing before.”
“Because although he and I are from the same village, the relationship between me and him is not good, it is just a normal relationship with the same village.”
“My daughter has nothing to do with him.”
“It stands to reason that he shouldn’t ask these questions, because it has nothing to do with him.”
“Also, my daughter once told me that Dong Baihao often said some teasing words when he met her.”
“For example, if there is a boy I like or something like that.”
“And the look in her eyes makes her very uncomfortable.”
“I was thinking that we were all from the same village, so I might have met a child, so I just made a few jokes and didn’t think much about it.”
"But...but I didn't expect that Dong Baihao is this kind of person and has such thoughts about my daughter."
"If I had been more vigilant and taken Guoguo's words to heart, if I had thought about it this way, I might have realized that Dong Baihao had had this idea."
“It wasn’t until it happened that I realized something was wrong…”
….”
Feng Yunxia became more and more sad as she spoke, and choked up with tears when she gave her statement in court.
It took nearly five minutes to calm down before the whole incident was almost clearly stated.
After listening to Feng Yunxia's statement, Xu Rufeng nodded slightly.
“Okay, the collegial panel has understood the statement of the victim’s family, and I would like to ask the victim’s family to calm down their emotions.”
“The trial continues.”
Following that, Xu Rufeng looked at the defendant's lawyer's seat.
“Does the lawyer entrusted by the defendant have anything to say about the statements made by the victim’s family?”
After hearing the presiding judge's question, Yu Cheng nodded.
“There is a chief judge.”
In fact, Yu Cheng had already made various predictions about this case before the trial.
Have sorted out relevant information.
Like this question, Yu Cheng had already asked Dong Baihao about related matters and how he was prepared to answer it.
Hearing the presiding judge’s question, Yu Cheng immediately spoke:
“Presiding judge, I think the statements made by the victim’s family cannot be used as evidence that our client has previously had thoughts of infringement against Dong Guoguo.”
“Let’s first look at the statements of the victim’s family.”
“What is the statement from the victim’s family?”
“The victim’s family stated that Dong Baihao would from time to time direct the topic to Dong Guoguo and Dong Guoguo’s future partner.”
"There is a premise here. Under normal circumstances, we will not lead the topic outside, but just ask a few questions and give a simple greeting."
“Feng Yunxia passed it, and Dong Baihao said hello a lot, which aroused doubts.”
“But what can this mean? This can only mean that Dong Baihao and Feng Yunxia are relatively close to each other when they meet.”
“And Feng Yunxia is a single mother. Dong Baihao asked about Feng Yunxia’s daughter.”
“This is also a way to get closer.”
"Isn't this a normal thing?" "Perhaps the injured party thinks that this way of getting closer is inappropriate, but Dong Baihao did not do anything else."
“If I only asked Dong Guoguo many times, I would conclude that Dong Baihao had such a premeditated plan.”
“Then I can only say that this way of determining guilt is too simple, and I think this way of determining guilt is completely equivalent to a false accusation.”
“There is no legal basis or practical evidence.”
"also."
“The victim’s family stated that our client would tease Dong Guoguo when he met her.”
"This kind of teasing does not cause any real harm. Dong Baihao didn't directly attack Dong Guoguo when he met him, or use his hands and feet directly."
“As for what the victim’s family said, there were looks in Dong Guoguo’s eyes that made him feel uncomfortable.”
"This look may be a misunderstanding caused by Dong Guoguo not liking Dong Baihao."
“It’s possible.”
“From our point of view, Dong Baihao may just be out of concern for a single parent in the same village.”
“So there was a premeditated idea among the victim’s family members.”
“Based on the above statements, it can be clearly seen that the contents stated by the victim’s family are basically based on personal subjective and personal opinions.”
“An objective fact that has no practicality.”
“What does the objective fact mean here?”
“It means that Dong Baihao physically violated Dong Guoguo, but he did not succeed.
In other words, we made certain plans for this, but did not do it because we missed some opportunities. "
“Are there these objective facts?”
"No!"
“Without these objective facts, it cannot be determined that Dong Baihao had any planning before committing the infringement against Dong Guoguo.”
“Looking at it from another perspective, it was a coincidence that Dong Baihao met Dong Guoguo.”
“There is no direct evidence that he did it intentionally.”
“Based on the above, no matter from any point of view, there is no possibility of planning.”
“The above is our point of view.”
After Yu Cheng finished his statement, there were bursts of questions on the live broadcast barrage.
“TMD, this lawyer is excusing the criminal suspect at first glance!”
“Can anyone tell me whether the defendant’s lawyer’s statement is correct? Will this decision have any impact?”
“I feel that what the victim’s mother said is right and it is true, but after the defendant’s lawyer said this, why do I feel that something is wrong?”
“I always feel that what the defendant’s lawyer said makes sense.”
This question was quickly answered by someone.
“I’m sorry, brother, you asked too many questions!”
“Let’s talk about this issue first. The determination of this issue can affect the outcome of the judgment to a certain extent.”
“But not big.”
“You think the victim’s mother is right, because this is an objective fact.”
"To put it bluntly, Dong Baihao has had thoughts about the little girl for a long time, and he will make various hints or harass her in ordinary language."
“But through the explanation given by the lawyer appointed by the defendant, it turned out that Dong Baihao did not mean this.”
“Why doesn’t it mean this anymore?”
“Because the mother of the victim’s family just feels this way, but there is no objective factual evidence.”
“In other words, everyone knows that Dong Baihao means this, but there is no evidence to prove it.”
“Then in a legal sense it is equivalent to saying no.”
“So from this point of view, it is very likely that Dong Baihao cannot be judged to have premeditated behavior in advance.”
“Huh? There is such a situation, but it cannot be determined? But isn’t the lawyer entrusted by the victim a top lawyer in the country with a 100% winning rate?”
“...Top lawyers must also abide by logic and objectivity. How can the presiding judge accept it without evidence?”
“Although this judgment has an impact on this case, the impact will not be too great.”
“In other words, it won’t affect the final verdict. Besides, we are talking about a 100% winning rate. The lawyer is not saying that there will be no setbacks in the trial.”
“As long as you don’t lose the lawsuit, it’ll be fine?”
….”
In the live broadcast room of the Legal Commentary, people have been discussing the relevant statements of the defendant’s attorney and speculating on the relevant judgments of the presiding judge.
At the table of the victim’s attorney.
Su Bai frowned slightly after hearing Yu Cheng's statement.
According to Yu Cheng’s statement, there are no objective facts and Dong Baihao cannot be judged.
There is nothing much wrong with this statement.
And he did not present objective facts.
However, when he stated this in court, he did not intend to judge Dong Baihao on this point.
Just want the presiding judge to know this.
This does not affect the final judgment.
As long as it does not affect the final judgment, there is no big problem in other aspects of the judgment.
At the trial seat, after listening to Yu Cheng’s statement, Xu Rufeng turned to look at the victim’s lawyer’s seat:
“Does the victim’s attorney have anything else to say about the defendant’s attorney’s statement?”
Su Bai looked up at the judgment seat and answered:
“We have nothing else to say.”
"OK."
“In this case, the objection raised by the injured party on this point shall be rejected.”
Dong-dong, the gavel fell, and the heavy sound spread throughout the courtroom.
When he heard that the application filed by the injured party was rejected, Yu Cheng took a long breath of satisfaction.
Looking at Su Bai on the victim's seat with a smile on his face.
Now the first one is judged to have won.
It’s a good start.
But... having said that, in the determination of this case.
Or in the defense of this case.
He did not see Su Bai, the lawyer entrusted by the victim, to be as miraculous as what was posted on the Internet.
100% winning rate?
How could he succeed in his first judgment at the trial despite a 100% winning rate?
With this start, the rest of the matter will be much easier to handle. The lawyer Su opposite him, who has a 100% winning rate, will eventually be defeated by him in court!
Thinking of this, the satisfied smile on Yu Cheng's face became even bigger.
At the victim's lawyer's seat, Li Xuezhen stared closely at Yu Cheng.
It’s just a small judgment. Does it favor the defendant and conclude that the case will definitely win?
What are you thinking about?
Lawyer Su will never lose this case, right?
Looking at the satisfied smile on Yu Cheng's face, a glimmer of light flashed in Li Xuezhen's eyes.
Losed the lawsuit?
It is impossible to lose the case!
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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