Chapter 113: Accusation, Application for a Death Penalty Judgment

In the courtroom.

From the announcement of the recess to the reopening of the hearing, a full four hours were delayed.

This was mainly because the members of the collegial panel needed to be replaced in accordance with the principle of recusal.

The matters that required coordination were somewhat troublesome.

The Nandu High Court followed the fastest procedure and only after four hours announced the reopening of the hearing.

This caused quite a number of viewers watching the hearing to complain angrily.

The lawyer had just confronted the presiding judge and confronted the adjudicators with great satisfaction, and you directly announced a recess?

Even if a recess was announced, it still took a full four hours before the hearing resumed!

Fortunately, however, it was still completed within the same day.

After the hearing resumed.

The opening procedures were conducted again.

Yu Caixia sat in the position of presiding judge, surveyed the courtroom, and looked toward Su Bai at the accusing party’s table.

She still had quite a deep impression of Su Bai.

That Nandu Bank case had left Yu Caixia with a certain impression of Su Bai as a lawyer.

However, an impression was an impression, goodwill was goodwill, the law was the law, and a hearing was a hearing.

With respect to the hearing.

Her basis was legal argument, evidence, and statements.

Apart from these, there was nothing else that could influence the judgment of the hearing.

As for personal relations and social considerations, in hearings Yu Caixia’s principles were very strong.

This was also the primary reason why Su Bai agreed to replace the adjudicatory personnel with Yu Caixia.

Su Bai slightly raised his head and looked toward the judicial bench.

This time, aside from Vice President Yu Caixia serving as presiding judge, the members of the collegial panel also included two adjudicators, namely the female Jin Yufang and the male Wang Chuanjie.

Together they formed the new collegial panel.

At the presiding judge’s seat.

Yu Caixia looked at the trial materials and slowly spoke: “This court, in accordance with the principle of recusal, has now cancelled the adjudicatory qualifications of the original adjudicatory personnel Zhou Qiangsheng, Zhang Guangquan, and He Hui in relation to this case.”

“A new collegial panel composed of Yu Caixia, Jin Yufang, and Wang Chuanjie of the Nandu High Court has been formed.”

“Do the three litigation parties have any objections, or do they wish to raise any recusal applications?”

Public prosecutor Zheng Lijun: “No objection, no application for recusal.”

Defense lawyer Jiang Min: “No objection, no application for recusal.”

At this time, everyone’s gaze fell upon Su Bai.

They wanted to see whether Su Bai would again raise the principle of recusal.

Only after Su Bai said: “No objection, no application for recusal.” did some people finally relax the heavy burden in their hearts.

The curiosity of the spectators also instantly diminished somewhat.

Do not say no objection!

Continue confronting them!

Su Bai: …

At the trial scene.

Bang bang bang!

Yu Caixia struck the gavel and continued speaking:

“With respect to this case being heard by this court, and the collegial panel being composed of Yu Caixia, Jin Yufang, and Wang Chuanjie, all parties in the hearing have no objection, the cause of action is now announced.”

“This case is heard by the Nandu High Court, the reason being as follows:”

“In this case, the perpetrating party Qin Xiaofeng, male, having reached adulthood, while driving a vehicle struck the victim Lu Ying, and after a verbal dispute occurred, Qin Xiaofeng in anger intentionally injured Lu Ying, causing her death, the second instance judgment was rendered by the Nandu High Court, the victim’s family members considered that there were errors in the determination of the original second instance judgment, and the Supreme Court instructed the High Court to conduct a retrial.”

“With respect to the above.”

“Do the parties have any objections?”

Public prosecutor Zheng Lijun: “The cause of action is accurate, no objection.”

Defense lawyer Jiang Min: “No objection.”

Su Bai: “No objection.”

Bang bang bang!

Yu Caixia again struck the gavel:

“All parties have no objection regarding the cause of action of this case, next the prosecution is requested to present its accusation statement.”

“The victim’s side likewise, as an accusing party, may prepare to make supplementary statements.”

Bang bang bang!

“Please begin.”

Yu Caixia organized the materials and looked toward Zheng Lijun of the prosecution.

“Alright Presiding Judge.”

Zheng Lijun looked toward the already prepared materials and began to state:

“The prosecution determines:”

“The defendant Qin Xiaofeng is suspected of intentional homicide, and has caused major social impact, and requests the court to render a death penalty judgment against Qin Xiaofeng.”

“The accusations are as follows:”

“First, Qin Xiaofeng, while driving, caused injury to the victim Lu Ying, and not only did he fail to promptly make inquiries, but because a verbal dispute occurred, he used a knife to attack the victim.”

“The attack continued for five stab wounds, and faced with a pregnant woman, the methods were cruel, and the social impact was extremely severe.”

“Second, according to the evidence provided by the law enforcement authorities and the confession provided by Qin Xiaofeng, when Qin Xiaofeng got out of the vehicle and had a verbal dispute with Lu Ying, it was merely a simple verbal dispute, yet Qin Xiaofeng used a knife carried in the vehicle to carry out a criminal act against Lu Ying.”

“This act was entirely out of his own intentional criminal purpose, and the carrying of a knife in the vehicle itself had a tendency toward intentional criminal conduct.”

“Third, when Qin Xiaofeng carried out the crime, he had already reached eighteen years of age, and already possessed the criminal responsibility capacity that an adult ought to possess, and had the capacity to bear responsibility for what he had done, and therefore should be subject to legal adjudication.”

“Fourth, this case caused enormous public opinion in society, producing enormous social influence and extremely adverse social impact, because the victim was a pregnant woman, Qin Xiaofeng’s intentional criminal conduct directly resulted in two deaths in one body, causing dissatisfaction among the general public regarding legal justice, and produced serious adverse and negative influence.”

“According to the relevant provisions of the Criminal Law, where a criminal suspect intentionally commits a crime, and upon verification belongs to a major crime, with extremely cruel methods and adverse social influence, there is authority to impose the death penalty.”

“Accordingly, the prosecution applies to sentence Qin Xiaofeng to the death penalty.”

“Presiding Judge, our statement is concluded.”

After Zheng Lijun finished stating the litigation application and related matters according to the prepared materials, he raised his head and looked toward the judicial bench.

On the judicial bench.

According to Zheng Lijun’s statement, Yu Caixia briefly organized the trial materials.

Afterward she again looked toward Su Bai at the accusing party’s table.

“May I ask whether the accusing party on the victim’s side has any further supplementary statements to make?”

Everything that should be said had already been stated by Zheng Lijun of the prosecution.

An application for the death penalty.

And a series of evidentiary explanations had been supplemented.

At the stage of stating the litigation application, Su Bai also had nothing further to supplement.

After sorting out his thoughts.

Su Bai spoke: “Presiding Judge, our side has no further supplements regarding the prosecution’s litigation application statement.”

Bang bang bang!

The gavel struck.

“The accusing party’s statement is concluded, now the defense lawyer is requested to make the defense statement.”

The pressure shifted onto Jiang Min.

In the first instance and second instance of this case, it had been Jiang Min who served as defense lawyer.

To speak honestly, the defense pressure had not been very great.

As long as everything proceeded according to normal procedure.

The death penalty was almost impossible, and obtaining a suspended death sentence certainly would not be a problem.

However, this time in the retrial.

At present Su Bai had already replaced the entire collegial panel through application of the recusal principle.

Facing Su Bai, the “natural counter” of Nanyuan Law Firm, he truly did not have confidence in victory.

However, with respect to this defense, it still needed to be continued with full effort.

He took a deep breath.

Jiang Min began to present the mitigation defense.

“Alright Presiding Judge.”

“Our litigation requests are as follows:”

“First, our client has a good attitude in admitting fault, voluntarily confessed guilt, and does not have a situation of refusing to admit guilt, and has truthfully confessed his criminal facts without concealment.”

“Second, according to our client’s description and the evidence provided by the law enforcement authorities:”

“First, our client did not, at the initial moment, know the factual circumstance that Lu Ying was pregnant.”

“Second, our client carried a knife in the vehicle, but the purpose of carrying the knife was not intentional homicide.”

“Third, when the dispute occurred, our client did not immediately use the knife to commit violence, but only after the dispute became intense and under stimulation from the other party’s language did he carry out the violent act, and this does not belong to intentional murder.”

“According to the theory of criminal psychology, this was a psychological emotional crime under impulsive behavior, also called a crime of passion, and the motive of this type of crime is not solely for the purpose of intentional homicide.”

“But rather a criminal act manifested through the psychological state of the perpetrator.”

“At the same time, our client had only just reached adulthood, and possessing such psychological conditions belongs to a normal situation.”

“In addition, our client possessed the subjective intention to surrender himself, and the Criminal Law provides that voluntary surrender should appropriately mitigate punishment for the offender, and where the crime is minor punishment should be exempted.”

“I request the Presiding Judge to consider sentencing our client Qin Xiaofeng from these aspects, rather than directly concluding with an accusation requesting the death penalty.”

“Presiding Judge, our statement is concluded.”

After Jiang Min finished his statement.

Su Bai’s gaze fell upon the seat of the accused party.

Jiang Min did not deny Qin Xiaofeng’s criminal facts, because this point could not be denied.

It could be seen that the other side was attempting as much as possible from other aspects to strive for mitigation of Qin Xiaofeng’s sentence and rejection of the litigation application for the death penalty.

Among these there were two key points.

The first key point was argued from the purpose of subjectively carrying the knife, thereby demonstrating that Qin Xiaofeng’s act was not intentional murder but rather a crime of passion.

These two points had a very large difference.

Previously, when Su Bai defended Qi Feng, he had used the viewpoint of emotional crime to express Qi Feng’s subjective condition.

He had not expected that Jiang Min would apply it in Qin Xiaofeng’s case.

It should be known that the subjective criminal motive in intentional murder is strong, and sentencing would certainly proceed toward heavier and stricter punishment.

Whereas a crime of passion, compared with subjective intentional murder, has somewhat weaker subjective criminal motive, and may result in lighter sentencing.

This was the first key point of Jiang Min’s defense, namely passion killing, emotional crime.

The second key point was argued from the aspect of voluntary surrender.

Under the definition in law.

Voluntary surrender indeed may result in lighter punishment.

This is also a legal measure to avoid criminal suspects resisting stubbornly.

However.

Was Qin Xiaofeng truly a case of voluntary surrender?

Regarding this conclusion, Su Bai could not say that it was certain, but the other side also could not say that it was certain.

Bang bang bang!

Presiding Judge Yu Caixia struck the gavel, and after hearing Jiang Min’s description, Yu Caixia slightly frowned, and then looked toward the prosecution.

“Does the prosecution have any rebuttal regarding the defendant’s statement?”

Zheng Lijun looked toward the litigation materials, his brows tightly furrowed.

He had reviewed this case many times, and according to the other party’s argument, sentencing to the death penalty indeed would be unreasonable.

But as the prosecution.

Setting aside the other party’s argumentative viewpoint, applying for the death penalty did not present any major problem.

Facing Jiang Min’s statement, Zheng Lijun for a time could not find any good angle from which to conduct rebuttal.

After remaining silent for more than ten seconds, he only raised a question from a minor point of rebuttal: “Then why did Qin Xiaofeng stab Lu Ying five consecutive times?”

“The first stab may be explained as an impulsive criminal act, but how is the fact of five consecutive stabs to be explained?”

“The time of the five stabs was within a period of five seconds to fifteen seconds, and this duration in a crime of intentional injury using a knife can already be regarded as a relatively long period of time, with respect to this point, how does the defense explain it?”

Facing the questioning, Jiang Min calmly spoke: “Through the statement just now, it has already been explained that our client committed a crime of passion, an emotional crime.”

“Under such conduct, the rationality of the offender is weakened or lost, and the capacity for self control is relatively weak, and this can also explain why our client, under such circumstances, continuously carried out harmful acts toward the victim.”

After Su Bai heard the statements of Zheng Lijun and Jiang Min, he slightly frowned.

It was very obvious.

In the debate between public prosecutor Zheng Lijun and defense lawyer Jiang Min.

At present, Jiang Min occupied a certain advantage.

Because Zheng Lijun had been led off track and followed Jiang Min’s rhythm.

Of course.

This was also understandable, Jiang Min’s defense was reasoned and supported by evidence, and if one wished to break through those two points just now, it certainly would not be very feasible.

Therefore.

Zheng Lijun wanted to accuse Qin Xiaofeng’s crime from other aspects.

But was blocked.

After Jiang Min finished his statement, Zheng Lijun looked toward Su Bai’s direction and let out a deep sigh.

As the public prosecutor, he might not necessarily be able to defeat Jiang Min.

But Su Bai, as a top criminal lawyer, that was not certain.

At the same time.

At the defendant’s seat, Qin Xiaofeng’s eyes brightened, he did not understand the law very well.

But he also knew that originally the second instance judgment had already been determined, yet another retrial had been brought.

This certainly was unfavorable to him.

Jiang Min, as his defense lawyer, had also told him that this retrial required him to be mentally prepared.

However according to the current situation.

His side appeared to be occupying the advantage.

At the beginning, when facing the accusation, Qin Xiaofeng’s heart had been hanging in suspense, but now his suspended heart had settled considerably.

Wan Yuping at the family seating area was likewise the same.

Her gaze stared fixedly at Su Bai, and deep resentment appeared in her eyes.

You are formidable.

Although you are formidable, yet now is it not still our side that occupies the advantage?

After Jiang Min finished his statement, Wan Yuping smiled with satisfaction.

In this hearing, there probably would not be any major problem.

That Su Bai might not necessarily be able to defeat the lawyer they had engaged.

Jiang Min: …

When you boast, do not include me.

Compared with Wan Yuping, Qin Anhai was relatively much calmer.

After all.

He knew very clearly in his heart that at present in the hearing, although it appeared that their defense lawyer occupied a certain advantage, that was only when facing the public prosecutor.

The real difficulty was facing Su Bai’s accusation.

Had they not seen that Su Bai had already removed He Hui, who was unfavorable to the hearing?

Therefore, regarding the subsequent situation of the hearing, Qin Anhai’s heart was still suspended.