Chapter 122: Presumption of innocence in cases of doubt, do you understand or not?!

As Feng Qian’s colleague.

Zhang Yingying, likewise as an adjudicator, held a different judicial philosophy.

Zhang Yingying’s philosophy was that everything must be based on facts, and absolutely no wrongful judgment should occur.

Relatively speaking.

Feng Qian was much more subjective.

In other words, she rendered judgments according to her own subjectivity, rather than rendering judgments according to facts as the basis. Although, in terms of whether her own subjectivity was good or bad, her purpose was indeed to help the side of good people.

However, under certain specific circumstances, this kind of reliance would with high probability produce wrongful judgments.

After Jiang Hetao spoke, Zhang Yingying and Feng Qian both remained silent and did not speak further.

Time passed quickly.

The recess ended.

After the clerk announced the resumption of the hearing, the adjudicators once again sat at the adjudicatory bench.

Bang!

Presiding Judge Jiang Hetao struck the gavel.

“The recess has ended, and the trial of the case will continue.”

Bang!

“Before the recess, both sides in the litigation had already made detailed statements regarding the case.”

“The two sides dispute whether Wang Mingxuan foresaw or predicted the actor Lin Xiu’s jumping from the vehicle.”

“They also dispute whether Wang Mingxuan should be determined to have negligently caused death.”

“This court summarizes the points in dispute:”

“First: after Wang Mingxuan saw Lin Xiu extend her body out of the window, did he foresee or predict that Lin Xiu would jump from the vehicle?”

“Second: does Wang Mingxuan’s stepping on the brake constitute that he had already foreseen Lin Xiu would jump from the vehicle, and is there a causal relationship between the two?”

“Third: under the circumstance in which Wang Mingxuan had already known that Lin Xiu was panicking, with respect to Lin Xiu’s jumping from the vehicle incident, is there a relationship of criminal responsibility?”

“With respect to these three issues summarized by the collegial panel, do the two litigation sides have any opinions or objections?”

This summary.

Could be said to have been summarized by Jiang Hetao very thoroughly.

There were almost no loopholes or omitted issues.

The determination of these three issues was the key factor deciding the judgment in this case.

With respect to these three summarized issues, neither Su Bai nor Lu Hongmei had any opinion.

“Presiding Judge, our side has no objection.”

“The prosecution has no opinion.”

Bang bang!

The gavel sounded.

“Since both sides have no opinion or objection regarding these three summaries, then discussion will continue on these three issues.”

“Let us begin with the third issue.”

“According to the evidence held by this court, at that time, during Wang Mingxuan’s work process, the arrival time was eight thirty.”

“Until about nine ten.”

“He was in the process of waiting for work.”

“During this period, the unpleasantness that occurred between the two sides involved no physical contact whatsoever.”

“Do both sides have any objection?”

These were all ironclad evidence obtained by law enforcement agencies, and simply could not be rebutted.

Su Bai: “No objection.”

Lu Hongmei: “No objection.”

Bang bang!

“Since both sides have no objection, then we continue.”

This time it was Feng Qian, as adjudicator, who made a supplementary statement.

“At about nine ten, Lin Xiu sat in the front passenger seat. During the driving process, seeing that the route was inconsistent with the navigation, she asked Wang Mingxuan, to which Wang Mingxuan responded, but during this process, Lin Xiu remained worried about the unfamiliar road segment.”

“According to the evidence investigation, Lin Xiu had an extreme lack of sense of security toward unfamiliar men, and while in the vehicle, Lin Xiu’s psychology was excessively panicked. This was the reason that led Lin Xiu to adopt dangerous behavior. Do both sides have any objection…?”

When Zhang Yingying heard Feng Qian’s question, she slightly furrowed her brow.

After Su Bai heard this passage, he likewise slightly furrowed his brow, but did not say anything.

After all.

According to normal psychology, inferring in this way did not present any particularly large problem.

But if one determined the case in accordance with this method, then the potential problem would be very large.

After Feng Qian finished her statement, Jiang Haitao likewise slightly furrowed his brow, and from the bench waved his hand to interrupt Feng Qian’s continued supplementation.

Seeing this, Feng Qian, whose mouth had already opened in preparation to speak, closed it again and did not make any sound, only taking a deep breath.

Bang!

Jiang Haitao continued speaking: “With respect to Lin Xiu’s psychological panic, and that Wang Mingxuan knew Lin Xiu was in a panicked state, do the two litigation sides have any objection on this point?”

Su Bai: “No objection.”

Looking in Feng Qian’s direction, Lu Hongmei said: “No objection.”

Bang bang!

“There is no objection to the above.”

“Based on the above, this collegial panel summarizes that Wang Mingxuan knew Lin Xiu was in a panicked state, but before Lin Xiu got into the vehicle and after Lin Xiu got into the vehicle, within this interval between the two, there was no intense conflict between them, and there was no direct factor leading Lin Xiu to adopt dangerous behavior.”

“The direct reason was Lin Xiu’s dangerous act of jumping, chosen because of panic, and this has no relationship of criminal responsibility with Wang Mingxuan.”

Bang!

“On this basis it is determined!”

“In this case, Wang Mingxuan, with respect to the dangerous result caused to Lin Xiu, has no criminal causal relationship, and therefore bears no relationship of responsibility.”

This determination.

Did not mean that Wang Mingxuan was directly determined to be not guilty, but only meant that Lin Xiu’s panic and adoption of dangerous behavior belonged to her own intention, and in between there were no factors such as Wang Mingxuan’s coercion or other threats causing it.

Of course.

There was no problem whatsoever in determining it this way.

After all.

If this were not determined, then in the legal sense.

Wang Mingxuan would belong to measures of intentional crime, rather than being prosecuted for causing death through negligent crime.

“Do both sides have any objection to this determination?”

Facing Presiding Judge Jiang Hetao’s question, neither Su Bai nor Lu Hongmei had any opinion.

Su Bai: “Our side has no objection.”

Lu Hongmei: “Our side has no objection.”

Bang bang!

“Next, discussion will proceed on the second issue.”

Because of Feng Qian’s inappropriate statement just now, Jiang Hetao did not again allow the adjudicators to express opinions.

Instead, he made the entire statement himself.

“According to the evidence provided by the law enforcement side and the prosecution, when Lin Xiu extended her body out of the car window, after Wang Mingxuan noticed it, he released the accelerator.”

“The above.”

“According to Wang Mingxuan’s statement, it is already very clear that this was in order to avoid oncoming vehicles causing injury to Lin Xiu, and through the court’s investigation, there indeed were quite a number of oncoming vehicles on this road section, so this explanation is reasonable.”

“It is determined that Wang Mingxuan’s stepping on the brake, subjectively, has no causal relationship with predicting that Lin Xiu would adopt dangerous behavior, and accordingly it is further determined that Wang Mingxuan’s seeing Lin Xiu extend her body out of the window and predicting that Lin Xiu would adopt dangerous behavior has no causal relationship.”

“Do both sides have any objection to the above determination?”

According to the above issues.

Once determined, it would verify that Wang Mingxuan had not met the conditions for negligent crime.

When she heard Jiang Hetao’s impending determination.

Lu Hongmei became anxious.

She raised her hand to indicate: “Presiding Judge, our side has an objection.”

“Please have the prosecution state or present evidentiary facts proving that the determination is erroneous.”

Evidence?

Lu Hongmei froze for a moment.

She was relying entirely on subjective factors, and this case was likewise relying on subjective factors.

It could not rely on evidence.

It relied entirely on subjectivity.

The main point was precisely the presiding judge’s tendency.

After taking a deep breath.

Lu Hongmei slowly spoke: “Presiding Judge, I would like to submit a new piece of evidence.”

New evidence?

After Lu Hongmei spoke, everyone present in the courtroom was stunned for a moment.

Su Bai slightly furrowed his brow.

New evidence.

The case file, as well as the evidence provided by the law enforcement side, the prosecution, and the court side, were already sufficiently abundant.

He had confirmed it, and this case had almost no substantive evidence, relying entirely on confessions.

There was neither audio recording on the freight platform, nor video recording or evidence on the truck.

Where had the prosecution obtained new evidence from?

If the new evidence could prove that Wang Mingxuan belonged to negligent crime, then in this hearing he could only make a sentence reduction defense.

After all.

In legal argumentation and defense, before evidence, there is very little room to operate.

Especially in this kind of hearing with strong subjectivity.

The relevance of evidence went without saying.

After reciting this silently in his heart, Su Bai looked toward the prosecution bench.

He wanted to know what the evidence was.

Bang bang bang!

Presiding Judge Jiang Hetao struck the gavel: “The application is approved. Please have the prosecution submit the new evidence.”

Lu Hongmei handed over the relevant materials of the evidence to the relevant personnel beside her, then slowly spoke:

“The new evidence concerns Lin Xiu’s medical diagnosis from a period before her death.”

“What is shown above is that Lin Xiu had suffered emotional harm, the diagnostic result was mild depression, and she had a certain degree of aversion toward men.”

“When Lin Xiu had a quarrel with Wang Mingxuan.”

“Lin Xiu displayed this state.”

“That is, Lin Xiu’s death had an inseparable relationship with Wang Mingxuan.”

“Our side applies to reject the determination request just now.”

Su Bai: ???

No, you call this evidence?

Are you alright?

What kind of relationship is there between Lin Xiu’s medical diagnosis and her adoption of dangerous behavior?

This evidence could only further determine that her adoption of dangerous behavior was her own behavior and had nothing to do with Wang Mingxuan.

Hoo.

Mm!

I understand now!

Lu Hongmei indeed could not produce evidence for subjective determination, so she wanted to influence the intention of the members of the adjudicatory collegial panel through inducement, in order to have Wang Mingxuan convicted.

Indeed. Wang Mingxuan also had no strong evidence to prove that his own subjective intention had not foreseen.

So this depended on the adjudicators’ intention in the hearing.

Even if it were determined that Wang Mingxuan was guilty and had violated the crime of negligent homicide.

It would still conform to a certain process.

Hiss.

Su Bai noticed that Feng Qian among the members of the collegial panel was silently sizing up Lu Hongmei.

Therefore.

Knowing that it could not be straightened out, he simply directly had Little Li turn her head to look at the adjudicatory bench.

“Look at the adjudicatory bench…”

The adjudicatory bench?!

Little Li’s eyes lit up: “Oh!”

“Alright Lawyer Su!”

At the presiding judge’s bench.

When he heard what evidence Lu Hongmei had produced, Presiding Judge Jiang Hetao slightly furrowed his brow and said:

“According to the prosecution’s statement, with respect to this mild depression suffered by Lin Xiu and her certain aversion toward men raised by the prosecution, what kind of relation does this have with the present case?”

“Or to put it another way.”

“Through this evidence, can it prove that Wang Mingxuan had the subjective thought of foreseeing or predicting Lin Xiu’s jumping from the vehicle?”

Jiang Hetao developed a trace of dissatisfaction toward Lu Hongmei’s argument and the evidence she submitted.

He also understood that Lu Hongmei wanted, through the above argument, to influence the intention of the members of the collegial panel.

But the key point was!

The above argument might have been useful in the first instance, but under the circumstances of the second instance, its effect was greatly discounted.

In his view, without evidence, without direct evidence, then it was a case of doubt leading to acquittal.

The principle of doubt leading to acquittal, simply speaking.

Is that through the court’s subjective intention.

Even if the court’s subjective intention is ninety percent inclined to determine that this person is guilty, if there is no strong evidence proving that this person is guilty, then he is not guilty.

Although it sounds as though it is showing leniency toward bad people.

From a certain objective perspective, however, wrongful cases and false cases are all situations where there is ninety percent subjective intention determining that this person is guilty, but no strong evidence proving that this person is guilty.

If determination is made according to the presiding judge’s subjective will, then it will produce wrongful judgments and unjust judgments.

On this point, for Jiang Hetao, who had engaged in adjudication for more than ten years.

What Lu Hongmei had stated simply could not exert too great an influence on the judgment.

Facing Jiang Hetao’s question, Lu Hongmei appeared hesitant and faltering.

Therefore.

Jiang Hetao directly struck the gavel.

Bang bang bang!

“It is now determined that the evidence appealed by the prosecution has no relevance whatsoever to the present case, and it is determined that the evidence appealed by the prosecution is invalid!”

“Does the prosecution have any objection?”

Lu Hongmei was slightly stunned, not having expected that the evidence she submitted would so easily be determined invalid by the presiding judge.

Helpless, she could only nod: “Alright Presiding Judge, our side accepts the presiding judge’s determination and has no objection whatsoever.”

Bang bang!

Jiang Hetao struck the gavel.

“With respect to the above, both the litigation side and the prosecution have no objection.”

“That is.”

“It is determined that the above issue is established.”

During Jiang Hetao’s statement, at the prosecution bench.

Xu Qing’s expression was anxious.

“Lawyer Lu. This time the presiding judge has already made a determination.”

“What should we do?”

“Will our courtroom statement still be of any use?”

“The above three issues are the key issues in determining whether Wang Mingxuan committed the crime of negligent homicide.”

“……”

Lu Hongmei looked toward Feng Qian on the presiding judge’s bench and took a deep breath.

“Do not worry. Although a determination has already been made now, it has still not reached the time of finally announcing the adjudicatory result, so there is still hope for everything.”

Xu Qing let out a long sigh and nodded.

“Hopefully.”

On the other side, Li Xuezhen looked delightedly at Lu Hongmei.

And at Feng Qian on the adjudicatory bench.

She silently recited in her heart: “Lawyer Su told me to stare at that female adjudicator on the adjudicatory bench…”

“Could it be…”

Tsk tsk.

Although this was not the continued enlargement of the achievement point, the achievement point had increased.

If it truly were this kind of situation.

Tsk tsk.

How delightful.

Li Xuezhen looked seriously toward the adjudicatory bench.

Seeing this, Su Bai rubbed his brow.

Hoo.

Forget it, forget it, if she has gone crooked then let it be, after all, he was the one who brought her out.

Only.

What was in that search bar was complete nonsense!

He did not spend every day thinking about sending this or that person inside.

Su Bai let out a long breath. At present the three problematic points had already been determined.

Next came the critical moment of the adjudication.