You became a lawyer and sent the judge in? - Chapter 485

c482 The judgment is reasonable and comes from Zhang Chuancheng’s panic.

There is no big problem with Su Bai’s thoughts and logic.

The key point in this case is to determine whether the circumstances are serious or not.

If it is determined that the circumstances are serious and the circumstances are particularly bad, then Zhang Kou will definitely be sentenced to death.

Once the second instance is determined to be the death penalty, it is very difficult to appeal or have a retrial.

In other words, there is basically no possibility of appeal.

Why do you say that?

Because if you want to appeal in a criminal case, unless there is a serious injustice.

This case only has certain problems with sentencing.

The death penalty was sentenced, and the Supreme Court approved the death penalty review.

There was no unjust case in this case, and the death penalty was completely in line with the law.

Although the sentence may be a bit harsh, it is within the legal basis.

There is nothing inappropriate in imposing the death penalty.

Of course, if the circumstances are determined to be minor, the final outcome of this case will be a suspended death sentence.

Just now, Su Bai made a very clear statement on the determination of the plot, in terms of the motive of the crime.

Zhang Kou’s criminal motive is reasonable.

The result of the crime was the death of one person.

Although there was a plan and preparation to kill several people, the criminal motive of this case was quite normal.

so.…

If the presiding judge agrees with this point of view, it will only result in the death of one person.

There is a great possibility that the death penalty will be suspended rather than the death penalty.

Su Bai looked up at the presiding judge’s seat.

Waiting for the presiding judge to sort out the statements of both parties.

In the seat of the presiding judge.

Wang Youwei, as the presiding judge, roughly sorted out the arguments of both parties.

The views of both sides are on one point, that is, whether the plot is serious.

What do you think about whether the plot is serious?

In particular, the circumstances involved in the death penalty are serious, and the penalty is even more critical.

Specifically, the view of seriousness is whether the social impact caused is bad and huge, whether it caused multiple deaths, and whether it caused huge property losses.

Judging from the current case of Zhang Kou, it did not cause many deaths and did not cause huge property losses.

so.…

The possibility of a suspended death sentence is very high.

Of course, this is a conclusion drawn from Wang Youwei’s own views and tendencies as well as previous judgment cases.

However, the prosecutor considered the seriousness of the murder based on the fact that the murder was stopped in progress.

To put it bluntly, what is Zhang Kou’s behavior?

Zhang Kou’s behavior was an intentional homicide attempt, plus there was already a completed situation.

Therefore, from the perspective of the public prosecutor, it is reasonable to determine that the circumstances are particularly serious.

This is the point of dispute between the two parties.

As for Wang Youwei, there is no accurate confirmation on this point.

Both sides need to conduct further in-depth discussions on this point of view.

Clear your mind.

Wang Youwei banged the gavel: “The law firm entrusted by the appellant has finished stating its views.”

“Prosecutor, do you have any other opinions?”

As the prosecutor, Lin Yuan needs to guarantee the legal rights and interests of the victim in this court hearing.

It is an objective fact that the victim died.

Zhang Kou had the idea of ​​​​continuing to kill people, which is also an objective fact.

Therefore, Lin Yuan did not agree very much with what Su Bai stated.

In other words, I don’t agree with it at all.

In his opinion.

Zhang Kou’s criminal behavior is already very obvious, and there is already corresponding evidence of criminal facts.

In this case, the death penalty is not excessive.

The verdict of the first instance also confirmed his point of view.

Lin Yuan actually disagreed with Su Bai’s commutation statement to a certain extent.

So when facing the presiding judge’s inquiry, Lin Yuan immediately stated his thoughts:

“presiding judge.”

“We do not agree with the views stated by the lawyer appointed by the appellant.”

Wang Youwei: “Okay, the prosecutor does not agree with the views stated by the lawyer appointed by the appellant.”

“Then please, prosecutor, further elaborate on your point of view.”

“Good judge.”

Lin Yuan nodded and continued:

“We disagree with the content stated by the lawyer appointed by the appellant as follows.”

“What situation did the lawyer entrusted by the appellant state?”

“What the appellant entrusted the lawyer to state was Zhang Kou’s motive for committing the crime.”

“Based on Zhang Kou’s motive for committing the crime, we believe that the situation Zhang Kou was involved in was not serious.”

“But what is it actually?”

“In fact, Zhang Kou’s motive for committing the crime is excusable.”

“But the fact of the crime is also certain.”

“Is there any parallel or conflicting relationship between the two?”

“Are there any important conditions that would affect the legal decision?”

“There is no big conflict between the two.”

“The motive does not affect the facts of the crime.”

“Proceeding from this point, the prosecutor believes that the circumstances stated by the lawyer entrusted by the appellant do not meet the standards for a reduced sentence.”

“Based on this… we believe that the views stated by the attorney appointed by the appellant should be rejected.”

“The verdict of the first instance is upheld and the criminal party Zhang Kou is sentenced to death.”

“The presiding judge and above are our views.”

Lin Yuan’s statement makes sense to a certain extent.

But Su Bai didn’t pay much attention after hearing Lin Yuan’s statement.

Because Lin Yuan’s statement does not affect the circumstances of his statement.

What did he just state?

What he just stated is that Zhang Kou’s idea of ​​​​murder is very reasonable.

It is not said that Zhang Kou did not do this.

It also did not state that Zhang Kou was right to have committed murder.

What he stated was based on Zhang Kou’s subjective behavior.

rather than the actual situation.

So…from this point of view, what the two of them stated was not a point at all.

There is certainly no way to reject it.

In fact, the seat of judgment.

As the presiding judge, Wang Youwei was sorting out the statements of the two people.

There is a certain understanding of the statements made by both parties.

The factual situation relied upon by the prosecutor in this defense statement is indeed not too obvious.

Because of the content of this statement, we cannot refute too much the statements made by the lawyer entrusted by the appellant.

At present, the statements of both parties have been basically completed.

Wang Youwei faced this case in his mind and generally had a certain tendency and judgment.

Wang Youwei looked at the appellant’s seat and asked:

“The prosecutor has finished his statement.”

“The lawyer appointed by the appellant has any other opinions?”

In this trial, there was actually not much content in the statements during the defense.

In Su Bai’s plan, this was the only statement, so he faced the presiding judge’s inquiry.

Su Bai spoke directly: “Presiding judge, we have no other views that need to be stated.”

“OK, all right!”

“What about the prosecutor? Does he have anything else to say or points of view?”

As the prosecutor, Lin Yuan had already stated his point of view just now, so he spoke:

“Presiding judge, we do not need to state the content or opinions.”

The seat of judgment.

After hearing that both the appellant and the prosecutor had nothing else to say.

Wang Youwei knocked the hammer and spoke slowly:

“Since neither party has anything to state in defense.”

“Then the collegial panel now needs to conduct further deliberations on this case and enter an adjournment.”

“The adjournment is over and the court statement has begun.”

The hammer fell, and a dull sound echoed in the courtroom seat.

This time the trial progressed extremely quickly.

The main reason is that there is not much room for defense in this case.

In terms of factual evidence and subjective confessions, even Su Bai had no good solution.

Because of this trial, Zhang Kou’s criminal behavior was indeed a fact, and there was not much basis for rebuttal.

but….

Su Bai also knew very well that this trial was mainly based on the presiding judge’s understanding of the case.

In other words, it is based on the presiding judge’s subjective view of the case.

He has just answered based on the motive of the crime and the final objective facts.

In this case, Su Bai’s focus is still on the court presentation.

at present.…

All you need to do is wait for the presiding judge and the other two members of the collegial panel to finish the adjournment and start making court statements to see if following the court statements can affect the presiding judge’s subjective tendency.

call.…

Su Bai took a long breath and sorted out the relevant statement materials.

And the other side.

Since this case is a public trial,…

After the trial adjourned.

On the barrage of this court hearing, some questions about this case also appeared.

“The trial of this case was very fast, and there was almost no defense. But this is understandable. After all, the criminal facts are solid, and lawyer Su may not be able to refute the accusation against Zhang Kou.”

“But what I want to ask is…at the end of this case, will Zhang Kou be given a suspended death sentence?”

“After all…I saw that Lawyer Su didn’t seem to have given much defense in this trial.”

“Is there anyone who can give me an answer?”

Comments soon appeared below:

“Whether or not the death penalty is sentenced has little to do with the amount of lawyer Su’s defense.”

“Lawyer Su has already stated the core content of this trial. There is no great significance in continuing to defend.”

“But…it’s hard to say whether it can be given a suspended death sentence.”

“As a lawyer, I have also asked other lawyer friends around me.”

“Their views are consistent with mine. They all believe that the death penalty imposed by the first instance in this case was too harsh.”

“I think the second trial may change the sentence to death with a suspended sentence.”

“So… in this case, I think there is a high probability that a suspended death sentence will be given.”

“Of course, this is just my personal opinion. The specifics will depend on the outcome of discussions between the presiding judge and other members of the collegial panel.”

“The court statement is also a key issue that is essential in this case.”

“….”

Under the answers from professional lawyers, there were many other comments.

“This comment is very objective. This case is likely to result in a suspended death sentence.”

“The death penalty is too much. After all, the negative impact on society caused by this case is not great.”

“Another point is that the law is ruthless, but there is a certain amount of reason in the punishment.”

“Because of Zhang Kou’s motive for killing, although the sentence cannot be too light, it really is not a death sentence.”

“The verdict of the first instance was too much.”

“Yes, the death penalty is indeed a bit too harsh, but the suspended death penalty is more reasonable.”

“Of course… Having said that, it doesn’t matter what we say, we still have to listen to how the presiding judge and the collegial panel define the trial of this case.”

“However, I don’t care much about the content of the verdict in this case. The key point is that in this case, Zhang Kou’s mother was beaten to death. How was the aftermath handled?”

“What is the result of processing?”

“I’m more concerned about this!”

There are many comments below this comment also asking this question.

The subsequent situation of Zhang Kou’s mother has attracted a lot of attention.

“….”

At the same time, the collegial court was discussing inside the room.

As the presiding judge, Wang Youwei focused on sorting out this case.

This case was discussed to a certain extent during the previous discussion of the referee committee.

The result of the discussion is that this case will be judged based on the content of the defenses of the parties and the content of the court statements made by the presiding judge in the court hearing.

to be honest.…

According to previous judgment cases, this case does not meet the conditions for the death penalty.

The court of first instance determined that the circumstances of the death penalty were so severe that it could be determined, but it was done reluctantly.

As the vice-president of the Provincial High Court, Wang Youwei certainly cannot make such a determination in accordance with the judgment of the first instance court.

only.

In the discussion room, before Wang Youwei spoke, the other two members of the collegial panel waved their hands.

One of them said: “Dean Wang, there is nothing easy to hear about this case.”

“There’s nothing to discuss.”

“The judgment of the court of first instance was obviously too harsh, and the lawyer appointed by the appellant also mentioned this case. Zhang Kou had extenuating circumstances.”

“in this case.…”

“The suspended death sentence is obviously a relatively reasonable sentence.”

“There is no need to say anything else. What do you think, Dean Wang?”

Wang Youwei looked at the judge who spoke and smiled.

“Actually, I think so too… But what I want to see is whether a suspended death sentence in this case will have a certain impact on public opinion.”

“That’s why it was decided to adjourn the case during the trial.”

“I just read some comments on the Internet. The comments on the Internet do not have much impact on the suspended death sentence in this case.”

“In this case…we have decided to give him a suspended death sentence.”

“Then this is how the case will be decided.”

Wang Youwei clapped his hands and made his decision.

.

….

On the other side, Zhang Chuancheng has been feeling a little uneasy in the past few days.

This feeling was inexplicable, and he didn’t know why he felt this way.

Could it be that Zhang Kou’s mother’s case really affects him…?

But it shouldn’t be.

Peng Yuhang had already told him and greeted the county.

The county’s view on this case is to delay it for a while. If no one pays attention to it later, it will continue to be delayed.

It becomes an old case.

Logically speaking, this case no longer involves him.

Suddenly, Zhang Chuancheng seemed to have remembered something important and slapped his head.

“Oh, right! That guy Zhang Kou seems to have hired a lawyer for a second trial!”

“Isn’t it possible that the death penalty can’t be imposed?”

Thinking of this, Zhang Chuancheng was a little anxious and quickly asked people who knew about this matter.

I also know that Zhang Kou is having his second trial today.

You can check the specific trial results from your mobile phone.

Zhang Chuancheng fumbled on his mobile phone for a while and found the live broadcast room of the public trial.

Zhang Chuancheng frowned slightly when he saw the barrage in the live broadcast room.

The bad feeling in my heart became stronger and stronger.

However, Zhang Chuancheng still tried his best to comfort himself.

“As long as the verdict of this case is reached, then there will be no other problems.”

“These people may not understand the law. How can they not be sentenced to death if they kill people?”

“As long as Zhang Kou is sentenced to death, my heart will be at peace.”

While thinking about this, Zhang Chuancheng looked directly at the live broadcast room of the trial.

While waiting for the court date, I felt extremely uneasy and had an inexplicable feeling of panic.

.

….

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