Chapter 122 There Is No Factual Basis and Relying on Personal Subjective Judgment Is an Injustice to Justice.

At the court hearing.

Lu Hongmei stared closely at Su Bai, who was sitting in the litigation party's seat.

? ? ?

What does it mean to keep interrupting her questions?

Are you still allowed to continue asking questions?

Su Bai noticed Lu Hongmei's gaze and didn't pay too much attention.

In court trials, it is precisely the presence of such unscrupulous lawyers that leads to so many unjust, false and wrongful convictions.

I have been complaining for many years without getting the result I want.

A crime is 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; if you feel innocent, you are innocent.

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

Come on, come on…

Let the person in the middle sit on the bench and see if he dares to say that the right to interpret 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 that Lawyer Lu across from you...doesn't have the ethics of a lawyer."

"Um!"

Su Bai nodded.

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

how to say

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

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

Questions are prohibited.

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

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

.

….…

Boom, boom, boom!

The gavel was struck to judge 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."

Boom!

Hear the sound of the gavel falling.

Lu Hongmei took a deep breath.

Knowing that I couldn't continue asking, I could only continue to speak:

"presiding judge."

"Based on the evidence and the statement just made by the client Wang Mingxuan."

"It has been explained that Wang Mingxuan had already foreseen that Lin Xiu was about to jump out of the car. According to the conditions of criminal negligence causing death."

“A person who foresees an act that may cause the death of another person but fails to act, or who credulously believes 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 to have subjective wishes, indicating that Wang Mingxuan had foreseen that Lin Xiu was about to jump out of the car."

"But!"

"Can the prosecutor determine Wang Mingxuan's subjectivity without relying on yours?"

"Can the prosecution produce substantive evidence to show that Wang Mingxuan's subjective view has foreseen or predicted that Lin Xiu was about to jump out of the car?"

"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 jumping off the car. Why do the prosecution lawyers insist that Wang Mingxuan had foreseen Lin Xiu's jumping off the car?!"

Lu Hongmei: "Why did Wang Mingxuan slow down?"

"Isn't the reason for slowing down because I have foreseen Lin Xiu's jumping behavior?!"

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 another person will be found guilty of negligent death."

"Our client saw Lin Xiu leaning out of the car window. This behavior was very dangerous. Generally, a normal driver 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, and during this period, a series of behaviors are just subconscious behaviors.

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

"The prosecution is requested to take this factor into consideration."

Lu Hongmei: "But as an old driver, doesn't Wang Mingxuan have any foresight? As a driver with more than ten years of driving experience, he has been hauling goods for several years. He can foresee this situation. Doesn't he know that Lin Xiu The panic and worry of being a single girl?”

Su Bai:? ? ? ?

Is there any criminal causal relationship between these two?

Not at all!

Do you want him to think along the other person's train of thought?

And 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 plea."

Boom, boom, boom!

On the bench, Jiang Hetao glanced at the materials and struck the gavel:

“Ask the litigant to state your objection.”

"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 predict. The relationship between the two is not inevitable."

"Also, as a single girl, Lin Xiu's panic can be judged based on her previous experience. But Lin Xiu's panic, is there any inevitable connection between this 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 all based on subjective factors. There is no substantive evidence to judge and show. Wang Mingxuan foresees this possibility."

"Based on the above, we apply to reject the prosecution's argument."

"Presiding judge, we have finished our statement."

Boom!

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

"Based on what the litigant applied for and what the prosecutor alleged."

"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."

Boom!

"The determination of 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?"

Su Bai: "We have no objection"

Lu Hongmei: “We have no objection”

Boom!

"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 prepared to be asked questions?”

Wang Mingxuan seemed a little nervous, but he still said: "Presiding Judge, I am 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!"

Boom!

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 not safe for Lin Xiu to stretch her body out."

"So where do you think it's unsafe?"

"Because I was not the only car on that road, it was very dangerous to put 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 his thoughts to you...?"

"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.

The gavel was struck.

Boom!

"Now for the adjournment phase!"

"The hearing will resume in an hour."

After adjourning the court.

In the court of justice.

Lu Hongmei's eyes fell on Su Bai.

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

Just stare, who is afraid of whom?

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

He also glared at Lawyer Su.

I stare at you!

Still staring, right...?

After a few seconds.

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's nothing disadvantageous. Although we said we couldn't produce any subjective evidence, the other party couldn't produce any strong evidence either."

"The presiding judge has not made any judgment yet."

"No need to worry."

"It will be fine when it comes to court presentations."

"Do not worry.…"

"People like Wang Mingxuan should be severely punished by law!"

Tsk.…

Severe punishment by law is not 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 taken her back..."

Su Bai:….

Xiao Li is amazing...

This look gets better and better the more you 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 that for now."

"The main difficulty now is whether to determine whether Wang Mingxuan caused death by negligence."

"I want to hear what you two think..."

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

Immediately afterwards, 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 wishes. 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 the blame on me. 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 a 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 his or her 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, stop arguing..."

Jiang Hetao did not favor any one of the two people.

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

"Okay presiding judge..."

Finished.

Zhang Yingying looked at Feng Qian and sighed deeply.

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