Chapter 121: Without factual basis, relying on personal subjective judgment, this is injustice to the judiciary

In the courtroom.

Lu Hongmei stared closely toward Su Bai at the litigation side’s bench.

???

What did this mean, repeatedly suspending her questioning?

Would she still be allowed to continue questioning or not?

Su Bai noticed Lu Hongmei’s gaze and did not pay too much attention to it.

In hearings, it is precisely because there are too many unethical lawyers of this kind that so many wrongful convictions and miscarriages of justice occur.

Appeals for many years still cannot obtain the results they want.

If a crime was committed then it was committed.

If no crime was committed then no crime was committed.

Everything must proceed according to legal provisions and according to evidence, what are you talking about such things as “subjective” and “should” for?!

If you want to prove guilt, then produce evidence, you cannot determine that this person is guilty merely because a certain result has occurred.

According to your inducement and your subjectivity.

Then if you think he is guilty then he is guilty, if you think he is not guilty then he is not guilty.

Is the power of legal interpretation in your hands?

Come come come.

Let the one sitting in the middle on the adjudicatory bench say it and see whether he dares to say that the power of interpretation is in his hands.

If today he dares to say that, then the achievement point would be considered accomplished.

At this time, Li Xuezhen spoke in a low voice:

“Lawyer Su, I think that Lawyer Lu on the opposite side does not have professional ethics.”

“Mm!”

Su Bai nodded.

Lu Hongmei inducing the party’s statements indeed lacked professional ethics.

How should one say it.

In hearings, if you produce evidence or the applicable scope of legal provisions to argue, there is not any problem at all.

But if you induce the party’s subjectivity during the hearing, this is somewhat too outrageous.

Prohibiting questioning.

This was still relatively speaking a comparatively light ruling by the presiding judge.

If it were more serious, there could directly be a prohibition on speaking or even an order to leave the courtroom directly.

Bang bang bang!

Presiding Judge Jiang Hetao struck the gavel.

“The prosecution’s questioning has a certain suspicion of inducement. The prosecution’s questioning of the party is now suspended. Please have the prosecution continue its statement.”

Bang!

After hearing the sound of the gavel falling.

Lu Hongmei took a deep breath.

Knowing that she could not continue questioning, she could only continue speaking:

“Presiding Judge.”

“According to the evidence and the statement just made by the party Wang Mingxuan.”

“It has already shown that Wang Mingxuan had already foreseen Lin Xiu’s dangerous behavior. According to the constituent conditions of negligent homicide.”

“If one foresees behavior that may lead to another person’s death and does not take action, or blindly believes that it will not cause death, then this is determined as the crime of negligent homicide.”

“That is, determining that Wang Mingxuan negligently caused death has no problem at all.”

Su Bai raised his hand: “Our side denies this!”

“During the hearing, the prosecution has continuously emphasized and induced that Wang Mingxuan had subjective intention, indicating that Wang Mingxuan had already foreseen Lin Xiu’s dangerous behavior.”

“But!”

“Can the prosecution determine Wang Mingxuan’s subjectivity without relying on your side’s subjectivity?”

“Can the prosecution produce substantive evidence to show that Wang Mingxuan’s subjectivity had already foreseen or predicted that Lin Xiu was about to engage in dangerous behavior?”

“Presiding Judge.”

“According to the evidence of the law enforcement side, the relevant confession of Wang Mingxuan, and the evidence provided by the prosecution.”

“There is not any single strong item, or even auxiliary evidence, that can prove that Wang Mingxuan foresaw Lin Xiu’s actions. On what basis does the prosecuting lawyer firmly assert that Wang Mingxuan had already foreseen Lin Xiu’s actions?!”

Lu Hongmei: “Then why did Wang Mingxuan slow down?”

“Was the reason for slowing down not because he had already foreseen Lin Xiu’s actions?!”

Su Bai: ……

What are you saying?

“The legal definition of negligent homicide is that only when one foresees that one’s conduct may cause the result of another person’s death can it be determined as the crime of negligent homicide.”

“Our client saw Lin Xiu extend her body out of the car window. This behavior was very dangerous. A normal driver reducing speed for the purpose of protecting the passenger’s safety, is this not very normal?”

“At the same time.”

“While driving the vehicle, Wang Mingxuan’s attention would be on the driving of the vehicle itself. During this period, a series of actions were only instinctive actions.”

“Additionally, foreseeing danger cannot be equated with foreseeing jumping from the vehicle.”

“Please have the prosecution take this factor into consideration.”

Lu Hongmei: “But as a professional driver, should Wang Mingxuan not have had experience in this regard? Why did he not foresee this situation? Did he not know the panic and worry of Lin Xiu as a single girl?”

Su Bai: ?????

What kind of criminal causal relationship exists between these several matters?

There is none at all!

The other party’s statement was completely unreasonable argumentation.

Was this trying to make him think along the other party’s line of thought?

And then fall into the other party’s thinking trap?

But.

The other party was somewhat too dismissive of a top criminal defense lawyer.

Su Bai calmly looked toward Lu Hongmei at the prosecution bench, then raised his head and looked toward the presiding judge’s bench.

“Presiding Judge.”

“Our side believes that between these several matters there does not exist criminal causation.”

“We apply to reject the prosecution’s argument.”

Bang bang bang!

On the bench, Jiang Hetao looked at the materials and struck the gavel:

“Please have the litigation side state your grounds for rejection.”

“Alright Presiding Judge.”

“Our side believes that the prosecution’s accusation against our side does not have clear evidence, and relies entirely on subjective accusation.”

“For example:”

“As our side has been a driver with more than ten years of driving experience, should have had sufficient experience to make predictions. Between these two matters there is not a necessary relationship.”

“And also. Lin Xiu as a single girl having panic can be judged according to previous experience, but Lin Xiu’s panic, what necessary relationship does this have with jumping from the vehicle?”

“How could Wang Mingxuan as a driver foresee Lin Xiu’s act of jumping from the vehicle?”

“From the legal level, the prosecution’s statements are all judgments of subjective factors, and there is no substantive evidence to determine and show that Wang Mingxuan foresaw this possibility.”

“Based on the above, our side applies to reject the prosecution’s viewpoint.”

“Presiding Judge, our side’s statement is complete.”

Bang bang!

Presiding Judge Jiang Hetao struck the gavel, looked toward the prosecution bench, and then lowered his head to look at the materials again.

“According to the litigation side’s application and the prosecution’s accusations.”

“At present, the prosecution indeed does not have any strong evidence that can prove that the party Wang Mingxuan had any behavior of foreseeing jumping from the vehicle.”

Bang bang!

“With respect to this determination, it will be discussed later.”

“Now summarize the points of dispute between the litigation side and the prosecution.”

“The point of dispute between the prosecution and the litigation side lies in whether Wang Mingxuan had foreseen or predicted that the actor Lin Xiu would jump from the vehicle and thereby create life threatening danger.”

“Do the prosecution and the litigation side have any objection to this point?”

Su Bai: “Our side has no objection.”

Lu Hongmei: “Our side has no objection.”

Bang bang!

“Next, questioning of the party will begin.”

Jiang Hetao looked at the litigation materials and then looked toward Wang Mingxuan at the party’s bench.

“Is the party prepared for questioning?”

Wang Mingxuan appeared somewhat nervous but still spoke: “Presiding Judge, I am prepared.”

Jiang Hetao slightly nodded and gave a procedural reminder:

“During the hearing, all answers of the party will be taken as evidence. If it is verified that the party has deception, false reporting, or other conduct inconsistent with the facts, the responsibility will be entirely borne by the party. Does the party understand this point?”

“I understand.”

“Good!”

Bang bang!

Jiang Hetao raised his head and asked:

“What was your psychological state before Lin Xiu jumped from the vehicle?”

“At that time my thought was that Lin Xiu extending her body outward in this way was unsafe.”

“Then where did you think the unsafe point was?”

“Because on that road it was not only my vehicle, extending a hand or body outside the vehicle like this was very dangerous, so I released the accelerator, slowed the vehicle speed, and prepared to remind Lin Xiu.”

“Before Lin Xiu jumped from the vehicle, did she express to you any thought of jumping from the vehicle?”

“No.”

“Then after Lin Xiu jumped from the vehicle what was your action?”

“I pulled over to the roadside and called the emergency number.”

“Mm!”

Jiang Hetao nodded.

He struck the gavel.

Bang bang!

“The court will now enter the recess stage!”

“After one hour, the hearing will resume.”

After announcing the recess.

Inside the courtroom.

Lu Hongmei’s gaze fell upon Su Bai.

At this time Li Xuezhen’s eyes also stared straight at Lu Hongmei.

If you stare then stare, who is afraid of whom?

Do you not know how many people I Little Li have stared into prison?

Still staring at Lawyer Su.

I stare back at you!

Still staring, is that so?

After several seconds.

Lu Hongmei could not endure Li Xuezhen’s gaze somewhat, so she withdrew her gaze again.

At this time.

The other lawyer Xu Qing at the side spoke worriedly:

“Now it has reached the recess stage. The current hearing situation seems unfavorable for us!”

Lu Hongmei took a deep breath:

“There is nothing unfavorable. Although we cannot produce any evidence in terms of subjectivity, the other side also cannot produce any strong evidence.”

“Now the presiding judge has not yet made any determination.”

“There is no need to be anxious.”

“When it reaches the stage of courtroom statements it will be fine.”

“Do not worry.”

“For people like Wang Mingxuan, he should receive severe punishment under the law!”

Tsk.

Severe punishment under the law is not severe punishment in terms of subjectivity!

On the other side.

Li Xuezhen’s small face was flushed red.

“Lawyer Su, the court is in recess. That Lawyer Lu seems to have cataracts and kept looking at you.”

“But Lawyer Su, you do not need to worry.”

“I have already looked back at her.”

Su Bai: …

Little Li has become formidable.

This gaze is becoming more and more formidable with practice.

Inside the collegial panel deliberation room.

Jiang Hetao looked at the other two adjudicators, Feng Qian and Zhang Yingying.

“I have looked at the first instance judgment in this case. The sentence imposed on Wang Mingxuan was excessively heavy. This is also the reason our court chose to accept the second instance.”

“But this will not be discussed for the moment.”

“At present the main difficulty in handling this case lies in whether to determine whether this Wang Mingxuan constituted negligent homicide.”

“I would like to hear your two opinions.”

After Jiang Hetao finished speaking, Feng Qian and Zhang Yingying both remained silent for several seconds.

Immediately afterward, Feng Qian spoke:

“I think this case should be convicted.”

“The main point of this case lies in that Lin Xiu indeed died.”

“And she died by jumping from Wang Mingxuan’s vehicle. This is the result.”

“And the public opinion on the internet is so strong. In our second instance we should follow the voice of public opinion and conduct a certain degree of consideration.”

Zhang Yingying at the side slightly frowned after hearing Feng Qian’s words.

“Lin Xiu’s death indeed is the result. With respect to Lin Xiu’s death, Wang Mingxuan indeed should bear responsibility, but regarding criminal responsibility, it still needs to rely on legal basis. The voice of public opinion should not influence our judicial impartial adjudication.”

“And we cannot only look at the voice of public opinion. We must also consider the impact of these issues from the judicial perspective. As far as I know, in Nandu, Beidu, Shangdu, and our Shadu and other places, some judicial organs have discussed this case.”

“The result of the discussion was that this time the judgment by the Shadu Intermediate Court was unreasonable.”

Feng Qian spoke again.

“I do not agree with Zhang Yingying’s view. The result has already occurred. Wang Mingxuan’s subjectivity is entirely constituted by his personal intention. He can say whatever he wants to say. If he says there was none, then is there really none?”

“But if he says there was none, can you produce evidence to prove that there was? If you cannot produce substantive evidence to prove that Wang Mingxuan’s subjective intention foresaw or predicted Lin Xiu jumping from the vehicle, then is this not a wrongful case?”

“What if there really was none?”

“If we adjudicators rely only on our own subjectivity to decide cases, then it will produce many wrongful convictions and miscarriages of justice. This has not never appeared in the judiciary. Do you not know this point?”

Zhang Yingying refuted Feng Qian’s view.

Feng Qian fixed her gaze tightly on Zhang Yingying’s face:

“Alright alright. You are directly placing a label on my head and think that I as an adjudicator am not qualified, is that so?”

“No, what I mean is that we need to use legal basis to confirm the facts, rather than rely on subjective personal intention. In my heart I also believe that Lin Xiu jumping from the vehicle had a certain influence from Wang Mingxuan.”

“But this is not a reason to determine Wang Mingxuan guilty. What we need is to use legal basis and evidence to prove Wang Mingxuan guilty, rather than rely on the personal subjectivity of adjudicators.”

“In this case there indeed is no evidence to show that Wang Mingxuan is guilty.”

“If adjudicators rely only on personal subjectivity to determine cases, then it will produce injustice in the judiciary. This is unfair to the person being adjudicated.”

Feng Qian was made somewhat impatient by what Zhang Yingying said.

“Then how do you think this case should be judged?”

“I think it should be judged according to factual basis and legal basis.”

Zhang Yingying spoke very seriously.

At this time Jiang Hetao spoke and interrupted the dispute between the two.

“Alright.”

“With respect to this case, since there is dispute, then let us look again at the evidence and look again at the courtroom statements of both sides.”

“You two should not argue anymore.”

Jiang Hetao did not incline toward either of the two.

Facing Jiang Hetao’s words, Feng Qian and Zhang Yingying nodded at the same time.

“Alright Presiding Judge.”

After speaking.

Zhang Yingying looked at Feng Qian and sighed in her heart.