Chapter 121 Questioning in Court!

Wang Mingxuan’s case.

An application for retrial is made to the Saduak High Court.

Su Bai quickly submitted relevant materials regarding the first-instance judgment in Wang Mingxuan's case.

Because of this case.

itself controversial.

Then there are the case itself, which has many problems.

Therefore, after Su Bai submitted relevant materials and evidence to apply for retrial.

The Saudi High Court responded quickly and accepted and heard the case.

Wang Mingxuan’s request for a second instance hearing was approved.

After the second instance was passed, the court quickly issued subpoenas to all parties.

Su Bai also made a certain summary and understanding of this case.

The reason why Wang Mingxuan was sentenced to such a severe sentence.

The convictions given in the first trial were:

Negligence causing death.

and

It has had a huge social impact.

He did not foresee the woman's behavior and had a certain degree of subjective fault.

The woman did not give a friendly reply when asking about changing routes, which led to and caused this behavior.

And from a subjective point of view, Lin Xiu had a huge panic before jumping out of the car, but Wang Mingxuan foresaw it but did not stop it, which led to the final result.

Therefore, it is determined that: gross negligence will result in maximum punishment.

Tsk….

Isn’t this nonsense?…

In the absence of strong evidence and absolute interpretation of legal provisions, and relying on the subjective factors of the trial members and prosecutors' accusations, how can we judge that Lin Xiu was in a panic state?

Say it again.

Wang Mingxuan foresees...

Did he foresee Lin Xiu panicking or jumping out of the car?

Panic and car jumping.

These two things are not completely causally related in criminal law!

Su Bai speculated that the presiding judge of the first trial might be a woman.

Let’s judge this case from a female perspective.

As a result, Wang Mingxuan was severely punished and sentenced to seven years in prison.

Instead of considering the case from the perspective of evidence and rationality.

Wait until Su Bai goes to check on the members of the first instance collegial panel.

three female judges

Well, it is indeed a female presiding judge.

He rubbed his temples.

Su Bai took a long breath, now he just has to wait for the second trial to start...

Wait a moment.…

The second trial begins...

Su Bai came back to his senses and glanced at the judges. Fortunately, the chief judge was a male.

As long as you are not the chief judge and make judgments subjectively.

Then there won't be any big problems with this case.

.

….

On the eve of trial.

Su Bai asked Xia Xue again about Lin Xiu's parents asking for a million settlement fee.

It is conducted under the mediation of the court.

It does not constitute extortion.

Although it is said that it requires a lot, the actual nature is similar to that of Guo Xiaojun's case.

In this case, there is only one commission, and that is to fight the prosecution's accusation.

.

….

Soon, it was time for the High Court to hold court.

Waiting room.

Su Bai and Li Xuezhen were waiting in the waiting room for the court session.

It took less than ten minutes.

Staff members entered the waiting room and informed Su Bai and Li Xuezhen to enter the court hearing.

.

….…

At trial.

After the clerk read out the court discipline, he said: "Everyone stand up and invite the presiding judge and judges to enter the court."

Swish, swish, swish.

All rise.

Su Bai raised his head slightly and looked at the seat of the presiding judge. Judge: Feng Qian, presiding judge: Jiang Hetao, and judge: Zhang Yingying.

Wait for the chief judge to stand on the judgment stand.

Boom, boom, boom.

The gavel was struck.

"Everyone, please take a seat."

Next is the stage of identity verification.

The only prosecutors were Su Bai and Li Xuezhen.

The prosecutors are two female public prosecutors, namely Xu Qing and Lu Hongmei.

Lu Hongmei spoke as the lead prosecutor.

Su Bai remembered that during the first trial, Lu Hongmei, as the prosecutor's lawyer, made very fierce accusations against Wang Mingxuan during the trial.

Everyone has the feeling that they want Wang Mingxuan to be sentenced to death...

I don’t know why Lu Hongmei is so hostile to men...

Maybe it’s a subjective factor in marriage?

Su Bai shook his head. The court was already in session and he stopped thinking about it.

After Lu Hongmei noticed Su Bai's gaze, she glanced at him coldly.

Li Xuezhen whispered: "Lawyer Su, that Lawyer Lu's eyes are so fierce."

Su Bai smiled: "Don't worry about her, she won't be fierce after a while."

"profound."

“Good lawyer Su”

Li Xuezhen nodded seriously with a small face, and then focused on Lu Hongmei.

Lu Hongmei:? ? ?

.

….…

Boom, boom, boom!

Identity information verified.

The gavel was struck to judge Yangtze River Hetao.

"The identity verification of the personnel information has been completed."

Boom!

"This case is being heard by the Sadu High Court. The members of the collegial panel are: Judge Feng Qian, Judge Changjiang Hetao, and Judge Zhang Yingying."

"The following is the cause of action of this case."

"In this case, the litigant believed that the first-instance judgment was unreasonable, so he filed for a second instance and defended his innocence. Is the reason for the case true...?"

"President, the case is true."

Boom, boom, boom!

Jiang Hetao banged the gavel and continued:

"The cause of the case is true. Now the litigant is asked to state the litigation application and factual or legal basis as a supplement to the court hearing."

"Good judge."

Su Bai nodded, briefly sorted out the court trial materials in front of him, and then spoke slowly:

"presiding judge."

"Our legal claims are as follows:"

“1: We believe that the first-instance judgment sentenced us to seven years’ imprisonment, which is unreasonable. This judgment completely violates everyone’s equal rights and interests under the law and infringes upon our legal rights and interests. We do not obey the first-instance judgment and request that the second-instance judgment be revoked. Judgment of first instance.”

hiss.

As soon as Su Bai's first words came out, the courtroom was silent for a few seconds.

It’s not your application to revoke the first-instance judgment. There is no problem.

The application was not guilty and there were no problems.

But what do you mean by what you said next?

It completely violates everyone’s equal rights under the law.?

This is a bit loud to say.

You have sent the judge in earlier.

But you can’t say that in court, right?

Jiang Hetao frowned slightly on the trial stage and said nothing.

Su Bai noticed the changes in the court hearing, but didn't pay too much attention to it. He said that, of course he had his own plans.

This is just to pave the way for the future.

The presiding judge did not stop.

So it means that it is not a big problem to say so.

Su Bai continued: "President, our lawsuit application has been stated."

This case is straightforward.

There is only one commission.

That is to plead not guilty.

The law generally favors the deceased in court trials.

This is also the difficulty in defending not guilty...

But in fact, if we really want to follow the strictness of the law, Wang Mingxuan can only receive humanitarian compensation.

Even compensation in the legal sense can be applied for to be judged to be non-existent.

and.

This humanitarian compensation mainly depends on Wang Mingxuan's personal wishes.

Boom, boom, boom!

After Su Bai finished his statement.

Jiang Hetao banged the gavel and looked at the prosecutor's seat: "Now I invite the prosecutor to make a statement and apply for litigation."

Lu Hongmei glanced in Su Bai's direction, and then spoke in a calm voice:

"Presiding Judge, we apply to dismiss the litigant's application."

"We believe that Wang Mingxuan was obviously at fault in this case."

"Based on the overall course of the case."

"Wang Mingxuan deviated from the route during the process of pulling goods, and when he predicted that the victim Lin Xiu would jump out of the car, he failed to stop it in time."

"It has clearly constituted a crime of negligence."

“We believe that the judgment of the first instance is reasonable.”

After hearing Lu Hongmei's statement, Su Bai:? ? ? ?

No, what do you mean by this...?

Do you know what you are talking about?

What does it mean to foresee that the victim Lin Xiu would jump out of the car? Is this your own imagination?

What is the most important thing about a trial?

evidence!

evidence!

It’s still evidence of TM!

If you don't show evidence, why are you talking nonsense...?

Void foresight?

Su Bai raised his hand: "Can the prosecutor prove that Lin Xiu jumped out of the car and did our client Wang Mingxuan have obvious foreseeable behavior? Or, why did the prosecutor determine that our client committed the crime of negligent death?"

Statement completed.

Su Bai looked at the prosecutor's seat.

When Lu Hongmei heard Su Bai's question, she said without thinking:

"According to Article 233 of the Criminal Law:"

"Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years."

Su Bai:? ? ? ?

What is the first instance lawyer’s answer?

If this were the words of the public prosecution lawyer of the first instance, then he would have doubted whether there was something wrong with the judgment of the first instance and initiated review and supervision procedures.

"Please ask the prosecutor to answer the questions we have raised directly."

"The prosecutor determined that we had committed the crime of negligent death. How did they determine this?"

"Legally, the clear definition of criminal negligence is that negligence causing death refers to negligence causing death due to negligence and negligence causing death due to overconfidence."

"The former means that the perpetrator should have foreseen that his actions might cause the death of others, but due to his negligence he failed to foresee the consequences, thus causing the death of others."

"The latter refers to the perpetrator who has foreseen that his actions may result in the death of others."

“However, those who cause the death of others due to gullible belief that it can be avoided will also be classified as negligent causing death.”

"However, if the perpetrator has no subjective fault but causes the death of another person due to other unforeseen reasons, it is an accident and the perpetrator will not be legally responsible."

"above."

"It is an interpretation of the applicable law for negligence causing death under Article 233 of the Criminal Law."

"I would like to ask the prosecutor, on what basis do you judge that our client's negligence caused death?"

Su Bai showed his cards directly.

I don’t want to continue to be verbose with the prosecutor.

Since the other party keeps answering questions incorrectly and hiding their secrets, you can show your cards directly to save yourself trouble or other situations.

After hearing Su Bai's statement, Lu Hongmei raised her lips slightly.

Apparently.

She just made Su Bai say these words on purpose.

Su Bai noticed this, but didn't really care.

court hearing.

It relies on hard power. Only with the premise of hard power can other careful tricks be useful.

You have no hard power.

Everything else is in vain.

Lu Hongmei said solemnly: "Based on the conditions for the crime of negligent causing death just reported by the litigant's lawyer."

"The key point is whether Wang Mingxuan has the possibility of 'foreseeing' or 'foreknowing'."

"Here, I would like to ask the parties a few questions."

"First, before you drove, according to what you reported, did you have any conflict with Lin Xiu?"

"Second, did you clearly inform Lin Xiu in advance before changing the navigation route? Or, can you be sure that Lin Xiu knew about it."

"Third, did you see Lin Xiu stick her body out of the car window? What was your first reaction when you saw Lin Xiu stick her body out of the car window...? Did you think she wouldn't jump out of the car?"

"Please ask the person involved to answer these three points."

Su Bai frowned slightly.

Raise your hand.

"Presiding Judge, we believe that these three questions raised by the prosecutor are inconsistent with the trial process!"

"The third question is that the prosecutor's lawyer is obviously misleading when asking questions!"

Lu Hongmei: "How is my question misleading?!"

"I would like to ask the prosecutor why they asked us whether we think Lin Xiu would jump out of the car?! What is the concept of jumping out of a car if it's not inducing?!"

"What is the purpose of asking us this question?!"

"No matter whether our answer is yes or no, will the prosecutor's lawyer seize this point to accuse our subjective consciousness?"

"Presiding judge, the prosecutor's lawyer raised such a question that does not comply with the procedure. I apply for the prosecution's lawyer to recuse himself!"

avoid!

To put it bluntly, you just have to go to court for a trial.

When Lu Hongmei heard Su Bai's words, she was stunned. So why should she directly apply to have her recused?

"President, my questions are only based on normal questions and are not inductive. Please reject the application of the litigating lawyer and interrupt my questioning. This is obviously interfering with the trial process. I apply for the litigating lawyer to recuse himself. .”

Su Bai:? ? ?

Just beat it up, right?

6….

My interruption was obviously reasonable, and you asked me to avoid it.

Just watch the presiding judge bang the hammer and that's it.

The judgment seat, the seat of the presiding judge.

When Jiang Haitao heard the speeches from both sides, he banged the gavel.

He glanced at the other two judges who were members of the collegial panel, and then spoke:

"The prosecutor's attorney's fee question violated the court inquiry rules. The third article of the prosecutor's attorney's question about whether he thought Lin Xiu would jump out of the car is now rejected."

"Also reject the prosecution's request!"

Boom, boom, boom!

"The trial continues."

This rejection is an indirect determination, and Lu Hongmei’s question is illegal.

After hearing what the presiding judge said, Lu Hongmei glanced in Su Bai's direction.

I don’t know what I’m thinking.

Then he looked at the parties' seats.

"Please ask the person concerned to answer the questions I raised above."

Wang Mingxuan was afraid that he had answered wrongly, so he cautiously glanced in Su Bai's direction.

Su Bai's eyes indicated what to say, just say it.

Wang Mingxuan took a deep breath and looked at the presiding judge's seat.

Speak slowly:

"I had a conflict with that Lin Xiu before, but it was before getting in the car. After getting in the car, it was normal and there was no quarrel."

"I actually mentioned the change of route to Lin Xiu. When she asked me about it during the flight, I also told her."

"It's just that the tone may not be too good... What I mean is that changing the route can avoid the cameras, because there are some places in Shadu where trucks are not allowed to pass, and points will be deducted."

"The third question..."

"I did see Lin Xiu leaning against the car window..."

"I didn't think much about it at the time, I just felt it was dangerous..."

"Then let go of the accelerator, turn on the double flashers, and prepare to reduce the speed."

"I'm done..."

Wang Mingxuan spoke slowly and answered all the questions Lu Hongmei asked.

At this time, Lu Hongmei continued to attack and ask questions.

"You and Lin Xiu had an argument before you got in the car..."

"You changed the route again, without clearly stating the reason for changing the route, and your tone was not very good."

"At this time, Lin Xiu leaned out of the car window and you stepped on the brakes. Didn't you already predict that Lin Xiu had the intention of jumping out of the car?"

"If not, then why did you hit the brakes?"

"Shouldn't a normal person's normal reaction be to stop the other person from leaning out of the car window?"

"at the same time."

"You said you had an argument with Lin Xiu before getting in the car, so Lin Xiu would naturally feel panicked in the car."

"Her subjective emotion is worry, especially for a woman. Compared to being in a car with a strange man, a young woman sitting in a car will have a relatively panicky mood."

"You should have foreseen this..."

"but!"

"When she leaned out of the car window, why didn't you stop her immediately?"

"this.…."

Wang Mingxuan didn't know how to answer.

After hearing Lu Hongmei's question, Su Bai frowned.

Is this asking a question?

Isn't this a trap for the parties involved?

What does it mean not to stop someone when they lean out the car window for the first time?

If you don't stop it, isn't it because you didn't foresee it?

besides!

What does it mean to have foreseen it?

"Should", "probably", "maybe" etc...

These words indicate something inaccurate.

Court trials are all about evidence!

Evidence evidence evidence!

Say important things three times.

Is this Lu Hongmei trying to use clichés to make Wang Mingxuan fall into a trap?

Su Bai raised his hand and directly interrupted Lu Hongmei's question.

"As Wang Mingxuan's attorney, I would like to ask the prosecutor's lawyer a question."

"I would like to ask whether the prosecutor's lawyer can produce enough evidence for these questions."

"Are your suspicions justified?"

"If the trial uses vague subjective concepts that you think and I think should be roughly the same, then I think our side is not guilty. Is there any problem?"

"presiding judge.…"

"The law is all about evidence. Without evidence, only suspicion is used. This is completely inconsistent with the process."

"I apply to stop the prosecution from questioning our client!"

Boom, boom, boom!

Judge Chang Jiang Hetao banged the gavel and looked towards the prosecutor's seat.

"Agree to the application! The prosecutor's lawyer is not allowed to question the client Wang Mingxuan anymore!"

Lu Hongmei:? ? ?

No, I haven’t finished asking yet!

This is interrupted and prohibited.?

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