Chapter 123: Questioning the prosecution, determination of the result!

At the adjudicatory bench.

Presiding Judge Jiang Hetao was simply organizing the hearing materials regarding this case.

With respect to this case, he already had a certain determination in mind.

In cases of doubt, acquittal.

Avoid wrongful convictions and false cases.

No matter what the other adjudicators thought, in his view.

This legal definition of in cases of doubt, acquittal, had to be observed.

After his gaze swept once around the courtroom, Presiding Judge Jiang Hetao struck the gavel.

Bang bang!

“The hearing has already proceeded to the final stage. All parties have no objection to the final issues of the hearing arguments.”

Bang!

“Next, please have both litigation sides begin their courtroom statements.”

Jiang Hetao placed his gaze on the prosecution bench.

“Please have the prosecution begin its statement.”

Lu Hongmei took a deep breath, knowing that this was the most critical moment!

The stage of courtroom statement.

This was what she was best at and most skilled in!

In many cases possessing subjective judgment, she had achieved victory through this final courtroom statement.

A reversal from a desperate situation would depend on the courtroom statement.

At this time, Xu Qing at the side handed the previously prepared courtroom statement content to Lu Hongmei.

Looking at the materials in her hand, Lu Hongmei held her breath and lightly exhaled, then slowly spoke:

“Presiding Judge, our courtroom statement is as follows…”

“In this case, aside from the party Wang Mingxuan’s confession, there is no evidence that can show Wang Mingxuan’s subjectivity.

And the party cannot take the party’s own confession as evidence for exculpation.”

“Furthermore.”

“Because the actor Lin Xiu was a woman who had only just entered society, and was relatively repelled by men, and previously there had also occurred many similar bad incidents.”

“There were many media reports on this matter.”

“Therefore this led to the actor Lin Xiu’s psychology of panic.”

“From this there arose Lin Xiu’s dangerous movements and behavior.”

“In addition, with respect to Lin Xiu’s psychology of panic, Wang Mingxuan had already predicted it, and before Lin Xiu was about to engage in dangerous behavior, Wang Mingxuan had clearly already noticed it, yet did not stop it…”

“Why did he not stop it? Did he think that Lin Xiu had no possibility of dangerous behavior?”

“Did he not know what consequences would be caused if some accident occurred?”

“Can he produce evidence to prove his own innocence?”

“He cannot!”

“Through subjective inference, Wang Mingxuan bears a certain degree of responsibility toward Lin Xiu, and there existed the possibility that he predicted it, but he clearly knew the serious consequences of saying that he had predicted it, which caused no evidence to be found from his confession…”

Su Bai: ?????

When he heard this passage, Su Bai twitched the corner of his mouth.

Did you perhaps have some bias against the current law enforcement side’s law enforcement?

The previous messy words with no relation, let us set those aside first.

Speaking only of the final point.

Wang Mingxuan clearly knew the seriousness of the consequences of saying that he had predicted it, and therefore no effective clues were elicited from his mouth?

To put it plainly, the rough meaning was that Wang Mingxuan knew that if he said he had predicted Lin Xiu’s dangerous behavior, he would be adjudicated, and therefore chose not to say it.

Hiss.

Do you know what you are saying?

You had just used leading questions to question Wang Mingxuan.

If it had not been interrupted, Wang Mingxuan might have fallen into your leading questions.

This matter had become so serious, and outside the court people were discussing it noisily everywhere, so the law enforcement side certainly had to investigate the factual basis clearly before they could reach a certain conclusion.

And now in your courtroom statement you are saying that Wang Mingxuan, an ordinary person, could withstand questioning by the law enforcement side?

What are you talking about?

Why do you not go in yourself and see whether you can withstand the pressure of questioning by top criminal investigators?

This was absurd to the extreme. In terms of subjective framing, you really had a method.

At present it was Lu Hongmei’s stage for courtroom statement, so Su Bai did not interrupt aloud.

Lu Hongmei was still continuing to speak:

“As the actor is a woman, she herself possesses a certain disadvantaged status. Jumping from the vehicle and dying was an act forced upon her by circumstances. This matter caused huge social impact. What was the reason? The reason it caused huge social impact lies in the fact that women’s rights could not obtain protection and their demands could not obtain satisfaction, thereby causing this situation.”

“I hope that the Presiding Judge will consider this issue from multiple perspectives.”

“With respect to Wang Mingxuan having no substantive evidence that can produce his so called lack of ‘foresight,’ our side believes that from the perspective of protecting the actor’s right to life, one must not let a ‘bad person’ go, and one must not allow a criminal to escape.”

“Listen more to the voice of social public opinion…”

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

After Lu Hongmei finished her statement, she lightly exhaled a breath.

This courtroom statement.

She did not believe that it could fail to sway the adjudicators.

After Xu Qing heard Lu Hongmei’s courtroom statement, she also secretly extended a thumbs up.

“That was really well said.”

Lu Hongmei smiled, said nothing, and instead placed her gaze on the adjudicators at the adjudicatory bench.

At the adjudicatory bench.

At this time Feng Qian spoke at the side: “I think this courtroom statement was very well delivered…”

Jiang Hetao slightly furrowed his brow and lightly glanced at Feng Qian, and thus understood why in the first instance Wang Mingxuan had been sentenced to the maximum term.

Zhang Yingying sat on the other side, and after hearing Feng Qian’s words, deeply sighed.

However, the hearing was still continuing, so she did not say anything more.

Bang bang!

Presiding Judge Jiang Hetao struck the gavel.

“The prosecution’s statement is complete.”

“Now please have the litigation side lawyer make the courtroom statement.”

“Alright Presiding Judge.”

Su Bai drew out the litigation materials, and in the very first sentence directly rejected Lu Hongmei’s viewpoint.

“Our side believes that the prosecuting lawyer’s statement possesses strong personal subjectivity, does not possess the professional ethics that a lawyer ought to have, and applies to reject the prosecuting lawyer’s statement.”

The entire courtroom: ???

Lu Hongmei: ?!?!

This courtroom statement was directly accusing her?

Lu Hongmei’s brows were tightly locked, and with an impatient look she looked toward Su Bai.

Su Bai noticed it, but did not care in the slightest, and continued his statement:

“According to Article 55 of our country’s Criminal Procedure Law, from the legal conditions of emphasizing evidence, not lightly trusting confessions, and that evidence must be true and sufficient, it can be known that.”

“In the adjudication of all cases, evidence must be emphasized, investigation and research must be emphasized, and confessions must not be lightly trusted. Where there is only the defendant’s statement and no other evidence, the defendant cannot be determined guilty and cannot be subjected to criminal punishment. Where there is no defendant’s confession, but the evidence is true and sufficient, the defendant may be determined guilty and subjected to criminal punishment.”

“That evidence is true and sufficient shall meet the following conditions:”

“First: the facts for conviction and sentencing are all proved by evidence.”

“Second: the evidence used to decide the case has all been verified as true through legally prescribed procedures.”

“Third: taking the evidence of the entire case as a whole, reasonable doubt as to the facts found has been eliminated.”

“In the present case, the prosecution’s accusation against our side Wang Mingxuan is determined entirely through ‘subjective’ factors, and the facts and evidence rely on our side’s confession. I would like to ask the prosecuting lawyer, is this reasonable?”

“Does this conform to the law’s definition regarding hearing judgments?!”

“Under which legal provision do you accuse our side? Or have you directly set aside the legal provisions of Article 55 of the Criminal Procedure Law?!”

“Are women not constrained by law?!”

The most important thing in a hearing is evidence!

This is beyond doubt.

Whether from subjective factors or objective factors, the argument revolves around one issue, namely the interpretive application of law and evidence.

For example, if during the driving of the vehicle in this case, evidence had been discovered that the actor Lin Xiu had been beaten.

Then Wang Mingxuan could completely have been accused.

Or again, if Wang Mingxuan had engaged in insulting Lin Xiu, that too would be evidence.

But what was Lu Hongmei’s statement? It was subjectivity, subjectivity without any behavioral foundation.

Was this not plainly nonsense spoken for the purpose of influencing the presiding judge’s inclination?

Su Bai’s successive series of questions made Lu Hongmei’s head buzz.

No.

Were we not in the process of making statements to each other?

You directly started attacking me?

And moreover, I still could not refute it.

Not the kind of cannot refute because I am unable, but the kind of cannot refute because I am not permitted.

Could she directly say in court that the statutory requirement under Article 55 of the Criminal Procedure Law to emphasize evidence was not acceptable?

She certainly could not say that!

Therefore, facing Su Bai’s series of questions, Lu Hongmei’s face turned green with anger.

But she could not say too much else, and could only remain silent.

With respect to this hearing.

Su Bai had long since made preparations, and had no need to worry at all.

As long as the adjudicatory bench dared to say one word of no, the very first thing after the hearing ended would be to write materials and directly report it.

What else was there to say.

One would simply report it directly and be done with it.

After this thought flashed through his mind, Su Bai continued speaking in statement:

“The prosecution’s statement stands on the side of the actor and makes its statement from the subjective aspect.”

“But.”

“The principle of the law’s application is to judge whether a person is guilty according to evidence.”

“Rather than from some subjective aspect.”

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

After Su Bai finished his statement, he looked toward the adjudicatory bench.

At this time at the adjudicatory bench.

Jiang Hetao was considering the level of social impact.

Zhang Yingying stood on Su Bai’s side, while Feng Qian stood with the prosecution.

The adjudicators’ opinions were not unified.

After more than ten seconds of silence, Jiang Hetao looked toward Feng Qian: “Feng Qian, what is your opinion…?”

Feng Qian did not hesitate at all: “I think that one should proceed from the perspective of social impact…”

Jiang Hetao slightly furrowed his brow.

“Since the opinions are not unified, then let us discuss it once again.”

Bang bang!

He struck the gavel for recess, and after the hearing resumed a judgment would be made.

A second recess!

During the recess.

At the litigation side’s bench, Su Bai’s expression was calm. In this hearing, no matter how many times it recessed, even if the adjudicators discussed some subjective factors, without substantive evidence, Wang Mingxuan could not be found guilty.

You wanted to rely on a subjective factor to determine that someone was guilty.

If one did not send you inside, who should be sent inside?

Bah!

What sending someone inside!

This line of thought of his had simply been led astray by Little Li!!

At the prosecution bench.

Xu Qing and Lu Hongmei likewise could not make up their minds internally regarding the several questions Su Bai had just raised in court.

They did not know what would happen after this recess, when the hearing resumed.

Xu Qing quietly spoke: “I feel that in terms of courtroom statement, the lawyer on the opposite side seems to be more certain than we are…”

After hearing Xu Qing’s words.

Lu Hongmei deeply furrowed her brow and said nothing.

Xu Qing knew that she had said the wrong thing just now, cautiously glanced at Lu Hongmei, and did not continue speaking.

At the same time, inside the deliberation room of the collegial panel members.

Jiang Hetao directly spoke: “Speak, tell me your two views.”

“Before the courtroom statements your two opinions were different, now after the statements the two of you should discuss it again.”

Feng Qian: “I still hold that same opinion. I believe that causing the actor’s death is an established fact. And Presiding Judge Jiang, you have also seen the huge social impact…”

Zhang Yingying’s brows were tightly locked. No, the courtroom statements had already ended.

The litigation side had already produced an absolute legal textual interpretation, so if one stubbornly found guilt, would that not be a violation?

Zhang Yingying was silent for several seconds, then spoke: “I still maintain my opinion.”

“And I believe that acquittal should be entered. This matter indeed caused huge social impact, but if guilt is entered, then it will be our procedural violation, and it will violate the statutory provisions.”

“This would be a very great blow to the credibility of the judiciary. By that time the public opinion and social impact caused would be even greater.”

“Presiding Judge, I believe that we should not consider the actor’s social public opinion alone, but should also consider the social influence of the judicial department.”

“On this matter I still believe that not guilty should be determined. And that litigation lawyer Su Bai is a senior top criminal defense lawyer from Nandu…”

“If under such circumstances guilt is determined, then obviously the adjudicatory result of our collegial panel members would have a certain problem…”

“After all, according to judicial interpretation, in this case there is no strong evidence to prove Wang Mingxuan guilty. According to the principle of doubt leading to acquittal, and according to the interpretation of Article 55 of the Criminal Procedure Law.”

“If guilt is entered, then it is very likely that the other side will question the hearing result.”

“Question it? If our judgment is reasonable and supported, how can he question it?”

Feng Qian asked in return.

Zhang Yingying fell silent and simply did not want to speak any further.

Yes yes yes, your judgment is rendered with basis and grounds.

But if the other side raises the doubts within your judgment at the time of the hearing judgment, how will you answer?

If you cannot produce an explanation, on what basis are you rendering such a judgment?

The other side has already produced the legal basis, and you still stubbornly determine it this way. If you do not go inside, who will go inside?

Zhang Yingying remained silent and did not speak, simply because she did not want to pay attention to Feng Qian at all.

Jiang Hetao let out a long breath and nodded, clearly understanding more than Feng Qian.

He had originally been worried about the issues of social public opinion and impact, and was considering whether to render a delayed judgment.

There was a certain inclination, but it was not great.

But after Zhang Yingying said this.

If one truly were to render judgment taking social public opinion and impact into consideration.

Then that would be the greatest injustice to the judiciary!

The impact caused by this would be much greater than the subsequent consequences caused by social public opinion and influence!

After taking this point into consideration.

Jiang Hetao stood up: “Mm! I support Zhang Yingying’s viewpoint.”

“But…”

Feng Qian still wanted to say more, but Jiang Hetao directly interrupted her.

“There is no but, Feng Qian. I believe that there is a certain problem with your subjective factors, and that in the hearing your subjectivity was excessively inclined.”

“As an adjudicator, one indeed will have one’s own inclination, but your inclination is overly obvious and does not conform to logic, and even disregards the basic legal provisions!”

“This way of thinking of yours is very dangerous and is not suitable for serving as an adjudicator.”

“Later I will report this matter to the president of the court and request transfer from your post.”

“Alright! This matter is settled just like this!”

Feng Qian wanted to speak, to say that she knew she was wrong, but Jiang Hetao waved his hand and blocked her words back.

As presiding judge, Jiang Hetao’s rank was considerably higher than hers. With respect to Jiang Hetao’s words, Feng Qian was somewhat anxious, but there was nothing she could do.

Seeing this, Zhang Yingying did not say anything more.

If today Jiang Hetao had truly adopted Feng Qian’s opinion.

Then.

The subsequent consequences would have been very troublesome.

As presiding judge, Jiang Hetao himself would also have been seriously affected.

So this was also one of the reasons why Jiang Hetao was so serious.

One unjust judgment would have a profound impact upon the credibility of the judiciary.

Clearly.

Feng Qian’s subjectivity was too strong, and she indeed was not suitable to continue serving as an adjudicator.

The recess time passed in haste.

Amid the clerk’s voice, the third hearing session was commenced.

The hearing resumed in order to announce the judgment result.

Bang bang!

Jiang Hetao struck the gavel.

Clerk: “All rise, please have the Presiding Judge announce the judgment result!”

Bang!

Jiang Hetao picked up the judgment materials with both hands and slowly spoke:

“The cause of this case: Wang Mingxuan does not accept the first instance judgment, requests appeal to the second instance, and makes a not guilty defense.”

“This court has jurisdiction over this case, and all law applied shall accord with domestic law.”

“The judgment result will now be announced:”

“According to the research decision of the collegial panel, with respect to the litigation side’s application to revoke the first instance judgment and make a not guilty defense, the adjudicatory result is now handled as follows:”

“First, with respect to the litigation side’s application to revoke the first instance judgment.”

“The second instance court, the Shadu Higher Court, determines: the first instance judgment’s determination regarding Wang Mingxuan was unclear in its subjective finding and had no strong factual basis.”

“By way of adjudication, reliance was placed only upon Wang Mingxuan’s subjective determination and the actor’s psychological determination, and there was no objective evidence by which to make such a determination.”

“According to Article 55 of the Criminal Procedure Law:”

“If there is no evidence proving guilt, then the conditions for imposing criminal punishment are not satisfied.”

“On this basis.”

“This Shadu Higher Court, as the court of second instance, determines:”

“The result of the first instance judgment is revoked.”

“Wang Mingxuan is adjudged not guilty and is to be released in court immediately!”

“According to the provisions of our country’s procedural law, if either litigation side determines that the adjudicated facts are erroneous or that the basis of the determination is erroneous, then after the close of the hearing they may submit for review and supervision to the relevant departments, or raise a litigation request for retrial.”

“The judgment document will be issued to all litigation parties within ten days after the close of the hearing.”

Bang!

The gavel sounded, announcing the result.

“The hearing is over!”

As these final four words fell, the result of the judgment also emerged.

Lu Hongmei sat at the prosecution bench, looked toward Feng Qian, and was stunned for several seconds.

No. How could not guilty be determined this directly?

At the very least, should there not have been a suspended sentence?

In the first instance the sentence had been imposed at the statutory maximum, and this time, not only was there no sentence, there was directly a finding of not guilty?

This was somewhat different from what Lu Hongmei had imagined.