Chapter 181 Once the Objective Facts Are Reached, It Would Be Rude for You to Argue Again

After the presiding judge Zhou Guangyu dropped his gavel, the verdict was made.

The expressions of Wu Jianlei and Li Xin changed slightly.

"What does Lawyer Ye mean by this judgment? Does it mean that Guoxing will be severely sentenced?"

Li Xin spoke nervously.

Ye Hua nodded: "Judging from the current situation, it is indeed true."

"After this judgment is made, the first-instance judgment will be overturned, and the sentence should be re-sentenced based on the more serious circumstances of intentional homicide."

"But the specific situation is not very clear. There should be a small point of differentiation regarding the prison term later, but I am not very clear about this."

"We need to see what the presiding judge's arrangements are then."

Ye Hua breathed out lightly, rubbed his eyebrows, and explained to Li Xin.

"But...what should I do with my son?!"

Hearing that his son was going to be sentenced to a harsher sentence, Li Xin became anxious and his voice could not help but become louder, but was pulled back by Wu Jianlei on the side.

"This is the court hearing!"

"Lawyer Ye will definitely find a way, why are you yelling at Lawyer Ye!"

After training Li Xin, Wu Jianlei smiled at Wei Hao and said, "Lawyer Ye, I'm sorry."

"The child's mother is more concerned about the child and is a little excited."

Faced with this situation, Ye Hua had obviously experienced a lot, and the expression on his face did not change much.

But he still felt a little uncomfortable mentally, so he nodded lightly: "Yes!"

Wu Jianlei smiled, and then glared at Li Xin dissatisfied.

It's still in court proceedings.

What is the difference between expressing dissatisfaction with a lawyer and cheating on one's own son?

Li Xin also realized that he was wrong at this time and wanted to express his apology, but Ye Hua did not give it to her. Chance

.

….….

At the same time, on the court hearing stage, Zhou Guangyu banged the gavel and announced the next point of argument.

Wang Yuan's parents and Wang Yuan's parents in the defendant's seat and the defendant's party's seat all felt a little inexplicable nervousness.

Because of the second distinction.

It was an accusation against Wang Yuan for negligent death.

Negligence causing death.

Su Bai had also been tried in court before for this crime.

Among them, Wang Mingxuan’s case is a typical case of negligent death.

It's just that...Wang Mingxuan is without fault.

Negligence causing death refers to the behavior of an actor who is negligent and does not foresee or has foreseen and credulously believes that he can avoid causing the death of others and deprive others of their right to life.

In this case of Fang Zhihui.

The perpetrator who caused death by negligence refers to Wang Yuan.

The biggest difference between the Wang Yuan and Wang Mingxuan cases lies in the relationship between foreseeable behavior and legal causation.

Boom!

Zhou Guangyu banged the gavel:

"We are now answering whether Wang Yuan committed criminal negligence when Wu Guoxing committed a crime against Fang Zhihui."

"Now please let the prosecution begin to present the evidence and factual basis."

After hearing what the presiding judge Zhou Guangyu said, Wang Kai nodded slightly:

"Okay, Judge."

"The prosecutors allege that Wang Yuan committed the crime of negligent homicide during Wu Guoxing's encounter with the other party and made the following determinations."

"Wang Yuan foresaw Fang Zhihui's imminent danger, and there is the following evidence."

"First: Wu Guoxing sent a message to Wang Yuan before meeting Fang Zhihui."

"The content of the message mentioned that Wu Guoxing wanted to commit an impulsive crime against Wang Yuan, and stated that he wanted to find Wang Yuan and informed him that he was carrying a murder weapon."

"Wang Yuan was aware of this matter and responded to Wu Guoxing's message."

"Second: Fang Zhihui also sent a message to Wang Yuan before returning to the shared dormitory. The content of the message was to return to the dormitory, and he also asked about Wang Yuan's boyfriend. This boyfriend refers to Wu Guoxing."

"Wang Yuan did not convey the information to Fang Zhihui in time that Wu Guoxing was coming to rent the house and threatening him."

"As a result, Fang Zhihui was unaware of Wu Guoxing's criminal behavior."

"This led to a certain conflict between Fang Zhihui and Wu Guoxing."

"Wang Yuan notified Fang Zhihui when she learned that Wu Guoxing went to the rental house and had criminal intentions."

"This crime could have been completely avoided."

"In this regard, the prosecutor believes that Wang Yuan's failure to notify was the main factor causing this crime."

"It is believed that there is a certain causal relationship between the two."

"Second: During the entire incident, Wang Yuan knew clearly from the beginning that Wu Guoxing and Fang Zhihui had a quarrel outside the door."

"Because according to Wu Guoxing's confession, Wang Yuan asked Wu Guoxing to leave at that time."

"But because I was worried that Wu Guoxing would cause harm to me, I chose to close the door of the rental house and not go out to deal with Wu Guoxing, leaving Fang Zhihui outside to face Wu Guoxing alone."

"Before this, Wang Yuan had sent a message to Fang Zhihui for help, saying that she wanted Fang Zhihui to persuade Wu Guoxing to leave."

"At the same time, Wang Yuan was aware of Wu Guoxing's criminal behavior."

"The entire crime process lasted less than two minutes. During this period of less than two minutes, Wang Yuan knew what was happening outside. During this process, Wang Yuan did not open the door. This was a reasonable hedging. Behavior."

"But after the crime process ended, ten minutes later, Wang Yuan still did not open the door or looked outside through the peephole, or checked Fang Zhihui's injury, which caused Fang Zhihui to miss the best rescue time and cause his death. .”

"Based on the above, the prosecutor believes that Wang Yuan is suspected of causing the death of Fang Zhihui through negligence."

"Presiding judge, the prosecution has finished its statement."

After Wang Kai finished his statement, he raised his head slightly and looked at the presiding judge's seat.

According to the prosecutor's investigation, Wang Yuan did cause Fang Zhizhi's death due to negligence.

There is no doubt about this.

However, the specific verdict depends on how the defendant and the defendant’s parties rebut and make statements.

Of course, the most important thing is how the presiding judge determines his statement.

Boom!

Zhou Guangyu banged the gavel: "The prosecution has finished its statement. Does the litigant have any additional explanations?"

The prosecutor has already stated the entire case process and detailed content.

If you want to add more, there is nothing else to add.

“Let’s see how the defendant rebuts for the time being.”

Su Bai muttered silently in his mind, and then said: "Presiding Judge, the litigant has nothing to add for the time being."

Boom!

"The litigant will not make any supplements, so now we invite the defendant Wang Yuan and Wang Yuan's litigation attorney to make statements."

"Defendant, let's get started."

Let the defendant speak before the presiding judge.

Wang Yuan felt a little anxious in her heart and involuntarily turned to her parents for help.

Ever since the case was filed and she was taken away, she had been feeling anxious.

My heart went from being indifferent at the beginning to being nervous now.

Wrongful death?

She just didn't appear in court as a witness to Xie Jingmei, so she was charged with negligent death?

She didn't kill the person!

Although she felt a little nervous, she always insisted that she was not guilty.

but.…

Along with what the prosecutor just described in the court hearing.

Wang Yuan knew very well that the prosecutors were right.

She also realized that this was negligence causing death.

She didn't know much about the law, so she could only turn to her parents and the lawyer hired by her parents.

Noticing Wang Yuan's situation, Wang Manhua and Xu Li also looked at Wei Hao.

"Lawyer Wei..."

Xu Li spoke softly.

She is Wang Yuan's only daughter. She has loved her very much since she was a child, and she definitely doesn't want to see any accidents happen to her daughter.

Wei Hao nodded, without looking at Xu Li, but just indicated that he understood.

This case...

The prosecution's statement mainly relied on the relationship between foresight and causation.

If we only need to refute this aspect, there are no other big problems.

Clear your mind.

Wei Hao began to make a statement: "President, we do not agree with the prosecutor's point of view."

"The specific reasons are as follows:"

"First of all, Wang Yuan did learn that Wu Guoxing was carrying a murder weapon."

"At the same time, we also learned that Fang Zhihui would be coming back."

"And asked Fang Zhihui to persuade Wu Guoxing to leave."

"Based on the above, Wang Yuan indeed committed certain negligent behavior."

"But the specific situation needs to be brought into specific legal scenarios."

"According to Wang Yuan's subjective factors, she knew that Wu Guoxing had an angry personality, carried a weapon, and intended to harm her."

"but.…."

"In Wang Yuan's mind, it was Wu Guoxing who would hurt her."

"It's not Wu Guoxing who would hurt Fang Zhihui."

"In this case, for Wang Yuan, it is a relatively good choice to let Fang Zhihui persuade Wu Guoxing to leave."

"At the same time, Wang Yuan did not expect that Wu Guoxing would actually dare to kill someone."

"...In other words, Wang Yuan could not be said to have foreseen Wu Guoxing's killing of Fang Zhihui."

"Since it cannot be foreseen, there is no need to remind the other party of wisdom."

"The second one is the entire process of Wu Guoxing's crime as charged by the prosecutor."

"We still maintain our original view: During this process, Wang Yuan knew that Wu Guoxing was coming for her. The main reason why he could not close the door was to avoid Wu Guoxing from harming herself, so she adopted a risk-averting method."

"There is nothing subjectively or objectively wrong with this hedging method of protecting oneself, right?"

"Because Wang Yuan knows that Wu Guoxing is here for her, and Fang Zhihui is outside the door. If he opens the door and lets Wu Guoxing in, there is a very high probability of causing harm to Wang Yuan."

"From Wang Yuan's subjective point of view, Wu Guoxing and Fang Zhihui don't have much hatred or conflict, so she wants Fang Zhihui to persuade Wu Guoxing to leave. There is no problem with this subjective factor."

"Wang Yuan subjectively believes that Wu Guoxing's criminal behavior did not occur because Fang Zhihui persuaded him to leave Wu Guoxing."

"That is, it is also impossible to foresee that Wu Guoxing will commit criminal acts."

"in addition."

"In medicine, there is a situation called stress reaction, which means that when Wang Yuan learned about the specific situation outside the door, she didn't know what kind of treatment she should do for a while, which led to certain consequences in her actions. It’s not objective and rational.”

"Ten minutes after committing the crime, it does not mean that Wu Guoxing left the door of the rental house, so not opening the door is still a risk-averse situation for Wang Yuan."

"Based on the above conditions, we believe that Wang Yuan did not cause Fang Zhizhi's death due to negligence."

"Presiding Judge, our statement is complete."

Wei Hao's statement was very simple. It was to refute the various objective facts raised by the prosecutor based on Wang Yuan's subjective behavior.

As a result, the factual basis and relevant content proposed by the other party are not established.

Actually.

There is no problem if the argument is based on the subjectivity of the parties involved.

After all, the subjectivity of the parties concerned is always in their own favor.

Therefore, in this kind of discussion, it is necessary to attack the opponent from an objective perspective.

Su Bai smiled after listening to Wei Hao's statement.

If you look at Wang Yuan’s subjective point of view.

There is indeed no problem.

But you only talk about subjectivity and not objectivity, right?

Based on objective facts.

So.…

Wang Yuan's behavior constituted negligence causing death.

Because in the crime of negligence causing death, from an objective point of view.

There are three points:

(1) The perpetrator has an act that causes death.

(2) Objectively, a fatal result must occur.

(3) There is a causal relationship between the perpetrator’s negligent behavior and the victim’s death.

Regarding these three objective factors that caused death due to negligence.

Wang Yuandu reached the conditions.

It would be rude to continue to answer harshly.

The next defense points are based on these aspects. Basically, there are no problems.

Wang Kai’s statement just now was also based on these aspects.

But the expression is not clear.

Su Bai looked up at the presiding judge's seat, waiting for the presiding judge to summarize the defenses of both parties.

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