Chapter 123: No Suspicion of Guilt, Do You Understand? !
Zhang Yingying serves as Feng Qian’s colleague.
The two men are both judges, but they have different concepts of trial.
Zhang Yingying's philosophy is that everything should be based on facts and there will never be any misjudgments.
Relatively speaking, Feng Qian is much more subjective.
In other words, it is to make a judgment based on one's own subjectivity rather than based on the facts. Although the purpose of judging based on one's own subjective good or bad is indeed to help the good guys.
However, based on this, there is a high probability of misjudgment in certain specific circumstances.
After Jiang Hetao spoke, Zhang Yingying and Feng Qian remained silent and did not speak again.
Time flies.
The court recess is over.
After the clerk announced that the court would reopen, the judges sat in the trial seats again.
Boom!
The gavel was struck to judge Yangtze River Hetao.
"The adjournment is over and the case trial continues."
Boom!
"Before the adjournment, both parties to the lawsuit have made detailed submissions on the case."
"Both parties have a dispute over whether Wang Mingxuan, the party involved, knew and foreseen that Lin Xiu, the perpetrator, would jump out of the car."
"There is some controversy over whether Wang Mingxuan was found to have caused death by negligence."
"This court summarizes the disputed points:"
"One: After Wang Mingxuan saw Lin Xiu leaning out of the window, did he foresee that Lin Xiu would jump out of the car?"
"Two: Did Wang Mingxuan predict that Lin Xiu would jump off the car when he stepped on the brakes? Is there any causal relationship between the two?"
"Three: After Wang Mingxuan learned that Lin Xiu was panicking, did he have any criminal responsibility for Lin Xiu's jumping off the car?"
"Do the parties to the lawsuit have any opinions or objections regarding these three issues summarized by the collegial panel?"
This summary.
It can be said that Jiang Hetao has summarized it well.
There are almost no bugs or missed issues.
The determination of these three issues is the key factor that determines the judgment of this case.
Neither Su Bai nor Lu Hongmei had any opinions on the three issues summarized.
"Presiding Judge, we have no objection."
"The prosecution has no objection."
.
….
Boom!
The gavel struck.
“Since both parties have no opinions or objections to these three summaries, let’s continue the discussion on these three issues.”
"Let's start with the third question."
"According to the evidence available to this court, it is shown that the time when Wang Mingxuan received the order from the platform and rushed to Lin Xiu's community was around 8:30 in the evening. It took Lin Xiu 40 minutes to move the goods, that is, at At about 9:10 p.m., the moving of the goods was completed. During this period, the two parties were unhappy and had some quarrels, but there was no physical conflict."
"Do both parties have any objections?"
These are irrefutable evidence obtained by law enforcement agencies and cannot be refuted at all.
Su Bai: "No objection."
Lu Hongmei: "No objection."
Boom!
"Both parties have no objections, then continue."
This time, Feng Qian served as a supplementary judge.
"At around 9:10, Lin Xiu got into the co-pilot's seat. During the driving process, he saw that it was inconsistent with the navigation. He asked Wang Mingxuan, and Wang Mingxuan responded. However, during this process, Lin Xiu was unfamiliar with the unfamiliar road section. Still worried.”
"According to the evidence investigation, Lin Xiu was extremely insecure towards strange men. When in the car, Lin Xiu was overly panicked. This was the reason why Lin Xiu jumped out of the car. Do the two parties have any objections...?"
Zhang Yingying frowned slightly when she heard Feng Qian's question.
After Su Bai heard this, he also frowned slightly, but didn't say anything.
after all
According to a normal psychology, there is no big problem in inferring this.
But if it is judged according to this method, then the potential problems are huge.
After Feng Qian finished her statement, Jiang Haitao also frowned slightly and waved at the court seat to interrupt Feng Qian's further additions.
Seeing this, Feng Qian opened her mouth to speak, then closed it again without making any sound, just took a deep breath.
Boom!
Jiang Haitao continued: "As for Lin Xiu's psychological panic, Wang Mingxuan knew that Lin Xiu was in a state of panic. Do the parties to the lawsuit have any objection to this?"
Su Bai: "No objection."
Lu Hongmei looked in the direction of Feng Qian and said, "No objection."
Boom!
"No objection to any of the above."
"Based on the above, this collegial panel concluded that Wang Mingxuan knew that Lin Xiu was in a panic state, but before getting on the bus and after Lin Xiu got on the bus, there was no fierce conflict between the two, which did not cause Lin Xiu to jump off the bus. direct factors.
The direct reason is the responsibility relationship between Lin Xiu's panic-jumping behavior and Wang Mingxuan's innocence. "
Boom!
"Judgment based on this!"
"Wang Mingxuan has already learned that Lin Xiu was panicking. There is no criminal causal relationship with Lin Xiu's jumping incident, so he is not responsible."
This judgment.
This is not to say that Wang Mingxuan was directly found innocent, but that Lin Xiu's panic and jumping out of the car were of his own free will and were not caused by Wang Mingxuan's coercion or other threats.
certainly.
There is no problem with this judgment.
after all
If this is not determined, then in a legal sense.
Wang Mingxuan was prosecuted for intentional crime, not for criminal negligence causing death.
"Do both parties have any objections to this judgment?"
Faced with the questioning of Chang Jiang Hetao, Su Bai and Lu Hongmei had no opinions.
Su Bai: ‘We have no objection. ’
Lu Hongmei: "We have no objection."
.
….
Boom!
"The second question will be discussed below."
Because of Feng Qian's inappropriate remarks just now, Jiang Hetao did not allow the judge to express his opinions.
Instead, the whole process is expressed by myself.
"According to the evidence provided by law enforcement and prosecutors, when Lin Xiu leaned out of the car window, Wang Mingxuan noticed and released the accelerator."
"above."
"According to Wang Mingxuan's statement, it is very clear that the purpose is to prevent overcoming vehicles from causing harm to Lin Xiu. And through the court's investigation, it is found that there are indeed many vehicles coming over this section of the road, so the statement is reasonable."
"It is determined that Wang Mingxuan stepped on the brakes, and subjectively, there is no causal relationship with predicting that Lin Xiu will jump out of the car. Then it is jointly determined that Wang Mingxuan saw Lin Xiu leaning out of the window and predicted that Lin Xiu would jump out of the car, which has no causal relationship."
"Do both parties have any objections to the above determination?"
Based on the above questions.
Once determined, it will be confirmed that Wang Mingxuan did not meet the conditions for a negligent crime.
When I heard Jiang Hetao's imminent judgment.
Lu Hongmei was anxious.
He raised his hand and said, "Presiding Judge, we have objections."
"Please ask the prosecutor to state or show that the evidence and facts prove that the judgment is wrong."
evidence?
Lu Hongmei was stunned for a moment.
She relied entirely on subjective factors, and this case also relied on subjective factors.
Not with evidence.
Totally subjective.
The main theme is the tendency of a presiding judge.
After taking a deep breath.
Lu Hongmei spoke slowly: "Presiding Judge, I would like to submit a new piece of evidence."
New evidence?
After Lu Hongmei spoke, everyone at the court hearing was stunned for a moment.
Su Bai frowned slightly.
new evidence
The file and the evidence provided by law enforcement, prosecutors, and courts are sufficient...
He had confirmed that there was almost no substantive evidence in this case and it relied entirely on confessions.
There was no recording on the cargo platform, and there was no video or evidence on the truck.
Where did the prosecutors get the new evidence?
If new evidence can prove that Wang Mingxuan committed a crime of negligence, then he can only defend his sentence in this trial.
after all.…
There is little room for legal defense in the face of evidence.
Especially in such a highly subjective court trial.
The evidence is self-evident.
After Su Bai thought silently in his heart, he looked at the prosecutor's seat.
I want to know what the evidence is...
.
….
Boom, boom, boom!
Judge Chang Jiang Hetao banged the gavel: "The application is approved, please submit new evidence to the prosecutor."
Lu Hongmei handed over the relevant evidence materials to the relevant personnel beside her, and then slowly said:
"The new evidence is about a medical diagnosis made some time before Lin Xiu's death."
"What is shown above is that Lin Xiu has been emotionally hurt, diagnosed with mild depression, and has a certain rejection of men."
"When Lin Xiu and Wang Mingxuan had a quarrel."
"Lin Xiu showed this state."
"That is, Lin Xiu's death is inextricably linked to Wang Mingxuan."
"We apply to reject the judgment request just now."
Su Bai:? ? ?
No, you call this evidence?
Are you OK.…?
What is the relationship between Lin Xiu's medical diagnosis and her jumping out of the car?
This evidence can only further determine that his jumping out of the car was his own behavior and had nothing to do with Wang Mingxuan.
call.….
Um!
Got it!
Lu Hongmei really couldn't produce subjective evidence for judgment, so she wanted to sentence Wang Mingxuan by guiding the intentions of the members of the trial collegial panel.
Indeed...Wang Mingxuan has no strong evidence to prove that his subjective intention is not "foreseen."
So it depends on the judge's intention for the trial.
Even if Wang Mingxuan is found guilty... he has committed the crime of negligence causing death.
It also conforms to the “certain” process…
hiss.…
Su Bai noticed Feng Qian among the members of the collegial panel and looked at Lu Hongmei silently.
then.…
Knowing that the relationship couldn't be straightened out, Xiao Li simply turned his head and looked at the court seat.
"Look at the court seats..."
Court seat...? !
Xiao Li's eyes lit up: "Oh!"
"Okay Lawyer Su!"
.
….…
In the seat of the presiding judge.
When hearing what evidence Lu Hongmei presented, Judge Changjiang Hetao frowned slightly and said:
"According to the prosecutor's statement, the Lin Xiu mentioned by the prosecutor suffers from mild depression and has a certain rejection of men. Is there any connection between this and this case?"
"Or.…"
"With this evidence, can it be proved that Wang Mingxuan had subjective foresight and foresaw Lin Xiu's intention to jump out of the car?"
Jiang Hetao was slightly dissatisfied with Lu Hongmei's plea and the evidence submitted.
He also understood that Lu Hongmei wanted to influence the intentions of the members of the collegial panel through the above plea.
But the key is!
The above defense may be useful in the first instance, but in the second instance, this effect is greatly reduced.
In his eyes, if there is no evidence, no direct evidence, then there is no suspicion of guilt.
The principle of doubting guilt is simple.
It is through the subjective intention of the court.
90% of the subjective intention of the court finds that this person is guilty. If there is no strong evidence to prove that this person is guilty, then he is not guilty.
Although it sounds like you are showing sympathy for the bad guys.
However, from a certain objective perspective, unjust cases and false cases are based on 90% subjective intention to believe that the person is guilty, and there is no strong evidence to prove that the person is guilty.
If the judgment is based on the subjective will of the presiding judge, it will lead to a wrong verdict and an unjust verdict.
For Jiang Hetao, who has been practicing as a judge for more than ten years.
What Lu Hongmei stated did not have much impact on the verdict at all.
Facing Jiang Hetao's inquiry, Lu Hongmei seemed hesitant...
then.…
Jiang Hetao struck the hammer directly.
Boom, boom, boom!
"It is now determined that the evidence appealed by the prosecutor has no relevance to this case, and the evidence appealed by the prosecutor is invalid!"
"Prosecutor, do you have any objection?"
Lu Hongmei was stunned for a moment. She did not expect that the evidence she submitted would be so easily ruled invalid by the presiding judge.
Helpless, she could only nod her head: "Okay, presiding judge, we accept the presiding judge's decision without any objection."
Boom!
Jiang Hetao banged the gavel.
"Both the litigants and prosecutors have no objections to the above."
"Right now."
"It is determined that the above issues are established."
.
….….
During Jiang Hetao's statement, the prosecutor was at the table.
Xu Qing's face looked anxious.
"Lawyer Lu... now the presiding judge has made a decision..."
"What should I do.…?"
"Is our court statement still useful...?"
"The above three questions are the key issues in determining whether Wang Mingxuan is guilty of manslaughter."
“….…”
Lu Hongmei looked at Feng Qian in the presiding judge's seat and took a deep breath.
"Don't worry...Although the judgment has been made now, it is not yet time to announce the final result of the trial, so there is still hope for everything."
Xu Qing sighed and nodded.
"I hope..."
.
….…
On the other side, Li Xuezhen looked at Lu Hongmei with joy.
And Feng Qian on the trial bench...
I thought silently in my mind: "Lawyer Su asked me to keep an eye on the female judge on the bench..."
"Could it be..."
Tsk tsk.…
Although the achievement points are not continuing to expand, the achievement points have increased...
If this is really the case...
Tsk tsk.…
Beautiful.…
Li Xuezhen looked at the seat of the trial court seriously with her small face.
Seeing this, Su Bai rubbed his eyebrows.
call.….
Forget it, forget it if it's crooked, who brought it out by himself?
only.…
That search bar is complete bullshit!
He didn't think about sending so and so all day long...
Su Bai took a long breath, now the three problem points have been determined.
Next comes the critical moment of the trial...
PS: Please vote for me~