Chapter 179: What is wrong with sentencing you to life imprisonment? It should be sentenced!

There is already nothing in the evidence of this case that can be overturned.

Evidence of homicide exists.

The factual basis is complete, and the chain of evidence is conclusive.

Although during the process at that time there was no surveillance camera, according to confessions, the murder weapon, and other factual confirmations, it is impossible to refute.

As for the application for a crime of passion mentioned by Su Bai being rejected.

Ye Hua of course clearly understood how to refute it.

But as a first class lawyer, he clearly knew that his refutation could easily be refuted by the opposing party.

At the same time, judging from the situation of the previous first instance judgment.

The most important factors in determining a crime of passion were Wu Xingguo’s confession as well as his own emotional state and the angle of sophistry.

From Wu Xingguo’s confession, and from Wu Xingguo’s subjective purpose, the situation at that time was explained.

The final point, proceeding from the perspective of litigation argumentation, is the most important.

This kind of litigation argumentation method is feasible before ordinary lawyers.

But it is only feasible before ordinary lawyers.

After all, for lawyers, on site reaction is very important.

However, this kind of litigation argumentation does not work against Su Bai.

Why?

Because he had understood that Su Bai, as a well known criminal lawyer of Nandu, when facing this kind of argumentation, could refute it too easily.

The opposing party is completely familiar with various criminal provisions and can apply them in the court hearing.

Moreover.

Why did the Sudu Higher People’s Court accept the retrial of Wu Guoxing’s case?

It was precisely because it determined that during the first instance judgment there were certain omissions and problems.

Otherwise, the Higher Court would not have accepted the request for a second instance appeal.

As the litigation agent for Wu Guoxing’s first instance judgment, he of course clearly knew where the omissions and problems were.

If Su Bai were to refute these omissions and problems.

He really did not know how to continue arguing.

Thinking of this, to be honest, Ye Hua also had not figured out how to respond to Su Bai’s next wave of attack after answering the questions raised by Su Bai.

“Forget it forget it, for the time being do not think so much.”

Ye Hua silently recited in his heart.

Now he could only continue presenting statements following Su Bai’s questions.

And see whether there was any opportunity to refute back.

What if the other party only had an undeserved reputation?

Then he would gain an advantage.

After clarifying the current situation.

Ye Hua spoke to refute the questions raised by Su Bai.

“Our side does not agree with the statement viewpoint of the litigation party.”

“First, from the evidence provided by the law enforcement side, Fang Zhihui indeed did not verbally insult Wu Guoxing or engage in other excessive behavior.”

“But.”

“It is necessary to determine what the situation at that time was before determining whether Fang Zhihui had any influence on Wu Guoxing.”

“What was the situation at that time?”

“The situation at that time was that Wu Guoxing was preparing to look for Wang Yuan and happened to encounter Fang Zhihui who had just returned from outside.”

“Fang Zhihui knew the relationship between Wang Yuan and Wu Guoxing and also clearly understood what the conflict between Wang Yuan and Wu Guoxing was and also understood that Wang Yuan did not want to see Wu Guoxing.”

“Under such circumstances, the two people appeared simultaneously at the location of the incident, that is, at the door of the shared rental residence where Fang Zhihui and Wang Yuan lived together.”

“Wu Guoxing and Fang Zhihui both knew that Wang Yuan was inside the shared rental residence.”

“But when Wu Guoxing asked Fang Zhihui, Fang Zhihui’s answer was that Wang Yuan was not inside their shared residence.”

“This clearly belongs to a situation of lying.”

“And Wu Guoxing had again confirmed that Wang Yuan was inside their rental residence.”

“Under such circumstances Wu Guoxing obviously asked Fang Zhihui with purpose.”

“But what about Fang Zhihui?”

“Fang Zhihui’s approach was that she did not respond to Wu Guoxing’s inquiry.”

“And she told Wu Guoxing not to disturb Wang Yuan again.”

“The purpose of Wu Guoxing’s visit to Wang Yuan this time was mainly to resolve certain personal grievances and he originally carried an irritable mood and Wu Guoxing himself in terms of personality was relatively irritable.”

“This point can be understood through Wu Guoxing’s friends and relatives around him.”

“Under the background of the above conditions this led to one result.”

“That is, facing Fang Zhihui’s lying behavior it aroused Wu Guoxing’s anger.”

“During this process there was another important point which was that Wang Yuan inside the rental residence spoke and told Wu Guoxing to leave.”

“Facing Fang Zhihui’s deception Wu Guoxing was very angry.”

“Therefore the retaliatory behavior originally directed at Wang Yuan fell upon Fang Zhihui.”

“Wu Guoxing committed a crime of passion and carried out the criminal process against Fang Zhihui.”

“During the entire process of the incident although Fang Zhihui did not use language to provoke or anger Wu Guoxing.”

“But she clearly knew that Wu Guoxing’s personality was violent and still chose to treat Wu Guoxing coldly and also deceived Wu Guoxing.”

“Under such conditions and background is this not another form of provocation?”

“This also belongs to a criminal situation of provocation and angering.”

“In interpreting the law we should not be rigidly confined to the interpretation of legal provisions and at the same time should also apply them to corresponding legal circumstances.”

“In the statutory circumstances described above can it be said that Fang Zhihui’s behavior does not count as another form of provocation toward Wu Guoxing?”

“It must be known that at the beginning Wu Guoxing’s purpose was not to target Fang Zhihui but to seek an accurate explanation from Wang Yuan.”

“And he happened to encounter Fang Zhihui and only under Fang Zhihui’s coldness and lying circumstances did he carry out criminal behavior against Fang Zhihui.”

“Under such specific legal circumstances our side believes that Fang Zhihui’s coldness and lying behavior counts as a form of provocation and angering toward Wu Guoxing.”

“That is, our side believes that Wu Guoxing’s use of force belongs to a crime of passion and should be sentenced with leniency.”

Facing Ye Hua’s argumentation Su Bai: ????

Alright alright so this is how you understand a crime of passion is it?

So this is how you understand specific legal circumstances is it?

According to this reasoning.

Then does it mean that if Wu Guoxing chats with a passerby on the road and the other party ignores him and he thinks the other party offended him and then takes out a knife to commit violence that is also a crime of passion?

Can this be called a crime of passion?

Is the other party testing his legal knowledge foundation?

Just now he had already made it very clear that a crime of passion refers to a situation without any intent to kill.

And there are also many limiting conditions.

In plain terms in the legal definition generally it refers to causing the death of the concerned party during the process of resistance and this is called a crime of passion.

Generally speaking it applies to excessive defense or legitimate defense.

Of course there are also other situations.

However specifically it depends on the concrete circumstances.

For example the Qi Feng case and the Qin Xiaofeng case.

One of these involved a crime of passion carried out during the process of legitimate defense.

One involved a “crime of passion” carried out during the process of verbal offense by the other party.

In the first process Qi Feng suffered serious danger and carried out a crime of passion therefore it was determined to be legitimate defense.

In the second process the victim did not have the ability to threaten Qin Xiaofeng at all yet Qin Xiaofeng still continued to carry out criminal behavior.

It is very obvious that it no longer belongs to emotional crime but completely belongs to being caused by himself and has little relation to others and has departed from the basic standards of a crime of passion.

Moreover the first condition of a crime of passion has already been expressed very clearly.

It must be behavior caused by serious fault of the victim that leads to emotional agitation of the actor.

According to the argumentation statement of Ye Hua above.

Did Fang Zhihui make a mistake?

Not at all.

She simply did not answer your question and you went forward with a knife and now you blame her for not responding to you.

Her not responding to you counts as serious fault?

Because of your own emotional fluctuation you blame it on the victim and say it was caused by the victim’s coldness and lying.

Are you talking nonsense here?

What is this supposed to be bullying people who do not understand the law?

Facing Ye Hua’s statement Su Bai smiled and spoke:

“I would like to ask Lawyer Ye a question.”

“According to Lawyer Ye’s statement and the specific legal circumstances described.”

“Let me give an example.”

“If you represented a case but this case was far from meeting the client’s requirements and then the client committed criminal behavior against you.”

“The viewpoint is that he is an irritable person and you accepted his case but did not meet his requirements.”

“So he used force against you.”

“Under such circumstances does the other party count as committing a crime of passion?”

“After all according to the viewpoint stated by Lawyer Ye a crime of passion means that the other party thinks you are at fault then you are at fault regardless of legal basis.”

“The answer is simply that under specific legal circumstances.”

“Lawyer Ye what do you think if there were really such a person how should he be sentenced?”

“At the same time I would also like to ask the litigation agent of the sued party regarding the conditions of a crime of passion I have already stated them just now.”

“A crime of passion requires that before the offender carried out the harmful act the victim had serious fault.”

“Does the litigation agent of the sued party believe that during the process in which Wu Guoxing carried out criminal behavior against Fang Zhihui Fang Zhihui had serious fault?”

“If the litigation agent of the sued party determines that Fang Zhihui had serious fault during the entire process then please let the litigation agent of the sued party explain what is meant by serious fault?”

Ye Hua: …

Silence.

Wu Jianlei beside him anxiously pulled Ye Hua’s sleeve:

“Lawyer Ye speak.”

Ye Hua: what else can I say?

Originally in the first instance of this case he had taken advantage of opportunistic methods which allowed Wu Guoxing to be sentenced to eight years of fixed term imprisonment.

In fact if it had been replaced with an experienced public prosecutor or if the lawyer hired by Xie Jingmei had been relatively high level.

Then Wu Guoxing would have started from at least thirteen years.

According to the current situation Wu Guoxing definitely would not be determined as intentional homicide with relatively minor circumstances.

And at present the viewpoints of argumentation have basically already been settled.

Wu Guoxing will definitely be determined as intentional homicide with relatively serious circumstances.

It is just that intentional homicide with relatively serious circumstances is also divided into several categories including death penalty with reprieve life imprisonment and fixed term imprisonment.

Regarding the question raised by Su Bai he really could not answer it directly.

Facing Wu Jianlei and Li Xin waiting anxiously beside him.

Ye Hua took a deep breath and waved his hand signaling the two not to be so nervous.

Then he looked toward Su Bai:

“Our side believes that all cases should be judged and determined according to the circumstances at that time.”

“For Wu Guoxing’s criminal behavior and the process of committing the crime it is necessary to consider his mental state and his personality factors.”

“And take this as the main determining condition for sentencing.”

Is this avoiding the question and speaking his own statement?

Or is it that the other party can only deal with lawyers who do not understand legal provisions very well.

Knowing that there is no way to argue on this key point therefore through another method attempting to strive for some advantage for Wu Guoxing?

But no matter what.

For this kind of intentional homicide life imprisonment definitely cannot be avoided.

No matter how the other party argues it cannot change one fact.

That is the evidence.

Intentional homicide and the person killed was someone who had no major relation with you.

Only wanting to sentence eight years?

Do you think that is possible?

Facing Ye Hua’s statement Su Bai directly responded back:

“Does the offender Wu Guoxing have a mental illness?”

“His violent personality was caused by his growth environment and has no relation with other factors and the determination of criminal facts is only related to himself.”

“Our side believes that this kind of violent personality will produce even worse influence on society.”

“Therefore our side requests that regarding Wu Guoxing’s intentional homicide this time he should be heavily sentenced.”

In any case.

Regarding this point of argumentation about Wu Guoxing it can be considered already concluded.

It is not that Ye Hua’s level is insufficient but that after mastering the factual evidence and after Su Bai had studied in advance the opposing party’s argumentation viewpoints.

The other party simply had no way to refute.

Since there was no way to refute then the first instance judgment regarding Wu Guoxing’s sentencing definitely needs to be revoked.

As for how many years he will be sentenced?

Su Bai still held the same view that it caused relatively great social influence and did not reach the degree of death penalty and life imprisonment definitely cannot be avoided.

Bang bang!

On the trial bench.

Zhou Guangyu struck the gavel and at present judging from the argumentation of both parties there was nothing more to say.

After slightly organizing the materials Zhou Guangyu’s gaze shifted from the sued party’s Ye Hua to the litigation party’s Su Bai.

“Regarding the argumentation of both parties the collegial panel has already listened and understood.”

“Next the collegial panel will conduct questioning regarding certain key issues.”

“The offender Wu Guoxing, at the time when you carried out criminal conduct against Fang Zhihui, what was your subjective thought?”

Facing the sudden questioning, Wu Guoxing was stunned for a moment, then immediately spoke:

“At that time I felt that she was ignoring me, and I was very angry, then I heard Wang Yuan speaking inside the room, so I became even angrier, and then I made my move.”

Bang!

“Then counsel for the sued party, do you have any additional evidence or legal provisions to supplement and present?”

Ye Hua spoke:

“No… Presiding Judge.”

Bang!

“Since the defendant’s side has no further evidence or legal provisions to supplement and present.”

“Then in accordance with the evidence submitted on the basis of the statements of the law enforcement side and Wu Guoxing, as well as the relevant factual basis.”

“It is now determined that Wu Guoxing does not constitute a crime of passion.”

“The reasons are as follows:”

“First, although the initial purpose of Wu Guoxing’s criminal conduct was not Fang Zhihui, it was against Fang Zhihui that he carried out the criminal conduct, and in law there is no causal relationship between the process of carrying out the criminal conduct and its purpose.”

“Second, Fang Zhihui did not cause any serious fault to Wu Guoxing and did not commit any harmful act, and based on this point, Wu Guoxing does not constitute a crime of passion, but rather, due to factors of his own personality, he came to the sudden act of killing.”

“With respect to the determination of the above two points, does the sued party Wu Guoxing and his entrusted agent have any objection?”

“If there is any objection, please state the relevant factual basis and legal basis.”

“As for matters unrelated to it, there is no need to state too much.”

That final sentence… was equivalent to saying that no other nonsense should be said, and that they only needed to state whether there was any objection to the determination of the above two points.

Ye Hua: …

“Presiding Judge, no objection.”

Bang bang!

“The defendant’s side has no objection, then proceed to respond regarding the next disputed point of the trial.”

The gavel fell.

Su Bai let out a light breath, as in fact it was not difficult to revoke the judgment of the first instance.

Because the judgment of the first instance was entirely a judgment without much basis.

The opposing side was engaging in sophistry.

The judgment of the first instance even made Su Bai suspect that the presiding judge at that time had accepted benefits.

However, only after reading the case file did he learn that it truly was because the lawyer’s level was inadequate.

Therefore, the focus of this court hearing was not on the accusation against Wu Guoxing, but on the accusation against Wang Yuan.