Chapter 180: The Objective Facts Have Been Established, If You Continue to Argue It Would Be Impolite

After Presiding Judge Zhou Guangyu struck the gavel and made the determination.

Wu Jianlei and Li Xin’s expressions changed slightly.

“Lawyer Ye, what does this determination mean, does it mean that Guoxing will be heavily sentenced?”

Li Xin spoke nervously.

Ye Hua nodded:

“From the current situation, that is indeed the case.”

“After this determination is made it will overturn the judgment of the first instance and should conduct a new sentencing within the relatively serious circumstances of intentional homicide.”

“But the specific situation is not very clear, later regarding the sentencing period there should still be a small disputed point, however regarding this point I am not very clear.”

“It needs to depend on the arrangements of the Presiding Judge at that time.”

Ye Hua let out a light breath, rubbed his brow, and explained to Li Xin.

“But… what about my son?!”

Hearing that her son would be heavily sentenced, Li Xin immediately became anxious, and her voice could not help but become louder, however she was pulled back by Wu Jianlei beside her.

“This is the trial scene!”

“Lawyer Ye will certainly find a way, why are you shouting at Lawyer Ye!”

After scolding Li Xin, Wu Jianlei again spoke to Wei Hao with a smile:

“Lawyer Ye, sorry.”

“The child’s mother is relatively concerned about the child and became somewhat emotional.”

Facing this situation, Ye Hua had obviously experienced it many times, and his facial expression did not change much.

But psychologically he still felt somewhat uncomfortable, and he nodded lightly:

“Mm!”

Wu Jianlei gave an embarrassed smile, and then glared dissatisfiedly at Li Xin.

It was still during the trial process now.

Expressing dissatisfaction toward the lawyer was no different from harming their own son.

At this time Li Xin also realized her mistake and wanted to express her apology, however Ye Hua did not give her the opportunity.

At the same time, on the trial bench, when Zhou Guangyu struck the gavel and announced entry into the next disputed point.

At the seats of the defendant’s side and at the seats of the defendant parties, Wang Yuan’s parents and Wang Yuan all felt a trace of inexplicable nervousness in their hearts.

Because the second disputed point.

Was precisely the accusation against Wang Yuan for negligent homicide.

The crime of negligent homicide.

This charge, previously Su Bai had also conducted a trial regarding it.

Among them the case of Wang Mingxuan was a typical case of negligent homicide.

However… Wang Mingxuan belonged to a situation without negligence.

Negligent homicide refers to the behavior in which the actor, due to negligence, did not foresee or had already foreseen but lightly believed that it could be avoided and thereby caused another person’s death and deprived another person of the right to life.

In the case of Fang Zhihui.

The actor of negligent homicide refers to Wang Yuan.

And the greatest difference between Wang Yuan and the case of Wang Mingxuan lies in the relationship between the foreseeability behavior and legal causation.

Bang bang!

Zhou Guangyu struck the gavel:

“Now regarding whether Wang Yuan had negligent criminal conduct during the time when Wu Guoxing carried out criminal conduct against Fang Zhihui, argumentation will be conducted.”

“Now please the prosecution begin presenting evidence and factual basis.”

After hearing Presiding Judge Zhou Guangyu’s words, Wang Kai nodded slightly:

“Alright, Presiding Judge.”

“The prosecution accuses that Wang Yuan during the process in which Wu Guoxing carried out actions against Fang Zhihui had circumstances constituting negligent homicide, and there are the following determinations.”

“That Wang Yuan foresaw that Fang Zhihui would soon encounter danger has the following evidence.”

“First: before Wu Guoxing encountered Fang Zhihui, he had once sent a message to Wang Yuan.”

“In the content of the message he mentioned statements that Wu Guoxing wanted to carry out impulsive criminal behavior against Wang Yuan and expressed that he was going to look for Wang Yuan and informed her that he carried a weapon.”

“Wang Yuan was aware of this matter and responded to Wu Guoxing’s message.”

“Second: before Fang Zhihui returned to the shared rental residence she had also sent a message to Wang Yuan, and the content of the message was that she was returning to the residence and she also inquired about Wang Yuan’s boyfriend’s situation, and this boyfriend referred to Wu Guoxing.”

“And Wang Yuan did not promptly convey to Fang Zhihui the information that Wu Guoxing was coming to the rental residence and had threatening intentions.”

“This caused Fang Zhihui to be unaware that Wu Guoxing had criminal intent.”

“Thus causing a certain conflict to occur between Fang Zhihui and Wu Guoxing.”

“If Wang Yuan, after learning that Wu Guoxing was heading to the rental residence and had criminal intent, had notified Fang Zhihui.”

“Then it would have been completely possible to avoid the occurrence of this criminal act.”

“Regarding this point, the prosecution believes that Wang Yuan’s failure to notify was the main factor causing this criminal act.”

“And believes that there exists a certain causal relationship between the two.”

“Second: during the entire process of the occurrence of the act, at the beginning, Wang Yuan clearly knew that Wu Guoxing and Fang Zhihui outside the door were arguing.”

“Because according to Wu Guoxing’s confession, at that time Wang Yuan had asked Wu Guoxing to leave.”

“But because she was worried that Wu Guoxing would cause harm to herself, she chose to close the door of the rental residence and not go out to deal with Wu Guoxing, leaving Fang Zhihui outside alone to face Wu Guoxing.”

“Before this, Wang Yuan had also sent a message to Fang Zhihui asking for help, saying that she wanted Fang Zhihui to persuade Wu Guoxing to leave.”

“At the same time, during the process in which Wu Guoxing carried out the criminal conduct, Wang Yuan was aware of it.”

“The entire process of the criminal act lasted less than two minutes, and within this time of less than two minutes Wang Yuan knew what was happening outside, and during this process Wang Yuan did not open the door, which belongs to a reasonable avoidance behavior.”

“But after the criminal process ended, ten minutes later, Wang Yuan still did not open the door or observe the outside through the peephole, nor did she check Fang Zhihui’s injuries, which caused Fang Zhihui to miss the optimal rescue time and resulted in her death.”

“Based on the above, the prosecution believes that Wang Yuan has criminal suspicion of negligently causing Fang Zhihui’s death.”

“Presiding Judge, the prosecution’s statement is complete.”

After Wang Kai finished stating, he slightly raised his head and looked toward the seat of the Presiding Judge.

According to the prosecution’s investigation, Wang Yuan indeed had circumstances of negligently causing Fang Zhihui’s death.

This was beyond doubt.

However the specific judgment depends on how the defendant’s side and the defendant party will refute and present their statements.

Of course the most important thing is how the Presiding Judge will determine his statement.

Bang bang!

Zhou Guangyu struck the gavel:

“The prosecution has finished stating, does the litigation party have anything further to supplement?”

Regarding the entire process of the occurrence of the act and the detailed content, the prosecution had already finished stating everything.

Even if they wanted to supplement there was nothing else to supplement.

“For the moment first see how the defendant’s side will refute.”

Su Bai silently recited in his heart, then spoke:

“Presiding Judge, the litigation party temporarily has nothing to supplement.”

Bang!

“The litigation party will not supplement, then now please the defendant Wang Yuan and Wang Yuan’s litigation agent present their statements.”

“Defendant’s side, begin.”

Facing the Presiding Judge allowing the defendant’s side to speak.

Wang Yuan felt somewhat anxious in her heart and involuntarily cast a look for help toward her parents.

From the time the case was filed and she was taken away, she had always been somewhat anxious in her heart.

Her mindset had also changed from the indifferent attitude at the beginning to nervousness now.

Negligent homicide?

She merely did not appear in court to serve as a witness for Xie Jingmei and she was accused of negligent homicide?

She did not kill the person!

Although she felt somewhat nervous in her heart, she still insisted that she was innocent.

However…

Accompanied by the prosecution’s description just now in the trial scene.

Wang Yuan clearly knew in her heart that the prosecution had not said anything wrong.

She also realized that this was precisely the crime of negligent homicide.

Not understanding the law very well, she could only seek help from her parents and the lawyer hired by her parents.

Noticing Wang Yuan’s situation, Wang Manhua and Xu Li also turned their gazes toward Wei Hao.

“Lawyer Wei…”

Xu Li spoke softly.

She only had Wang Yuan as her only daughter and had loved her very much since childhood, and certainly did not wish to see her daughter encounter any unexpected situation.

Wei Hao nodded and did not look at Xu Li, he only indicated that he understood.

This case…

The prosecution’s statement mainly relied on the relationship between foreseeability and causation.

As long as refutation was conducted from this aspect there would not be any other major problems.

After clarifying his thoughts.

Wei Hao began to make his statement:

“Presiding Judge, our side does not agree with the prosecution’s viewpoint.”

“The specific reasons are as follows:”

“First, Wang Yuan indeed understood that Wu Guoxing carried a weapon.”

“At the same time, she also learned of the situation that Fang Zhihui would return.”

“And she sought help from Fang Zhihui to persuade Wu Guoxing to leave.”

“Based on the above it can indeed be seen that Wang Yuan had certain negligent behavior.”

“But the specific situation needs to be placed within specific legal circumstances.”

“According to Wang Yuan’s subjective factors, she knew that Wu Guoxing had a violent personality, carried a weapon, and intended to harm her.”

“But…”

“In Wang Yuan’s thinking, it was that Wu Guoxing would harm her.”

“And not that Wu Guoxing would harm Fang Zhihui.”

“Under such circumstances, for Wang Yuan, letting Fang Zhihui persuade Wu Guoxing to leave was a relatively better choice.”

“At the same time, Wang Yuan also did not expect that Wu Guoxing would actually dare to kill.”

“That is to say Wang Yuan’s foreseeability regarding Wu Guoxing killing Fang Zhihui cannot be regarded as existing.”

“Since it could not be foreseen, then there was no necessity to remind Fang Zhihui.”

“The second point concerns the entire occurrence process of the criminal conduct accused by the prosecution.”

“Our side still maintains the original viewpoint: during this process Wang Yuan knew that Wu Guoxing was coming for her, and the main factor for not opening the door was because she was avoiding Wu Guoxing harming herself, adopting a kind of avoidance method.”

“This kind of avoidance method to protect oneself has no error either subjectively or objectively.”

“Because Wang Yuan knew that Wu Guoxing was coming for her, and Fang Zhihui was outside the door, opening the door and letting Wu Guoxing enter and cause harm to Wang Yuan had a very high probability.”

“Subjectively Wang Yuan believed that Wu Guoxing and Fang Zhihui did not have any major hatred or conflict points, so she wanted Fang Zhihui to persuade Wu Guoxing to leave, and this subjective factor has no problem.”

“Subjectively Wang Yuan believed that there would not exist a situation in which because Fang Zhihui persuaded Wu Guoxing to leave it would lead Wu Guoxing to carry out criminal conduct.”

“That is, similarly she could not foresee that Wu Guoxing would carry out criminal conduct.”

“In addition.”

“In medicine, there is a situation called stress response, that is to say when Wang Yuan learned of the specific situation occurring outside the door, for a time she did not know what kind of handling she should make, which caused her actions to produce a certain lack of objectivity and lack of rationality.”

“Ten minutes after the crime also cannot represent that Wu Guoxing had left the entrance of the rental residence, therefore not opening the door for Wang Yuan still belonged to a situation of avoidance.”

“Based on the above conditions our side believes that Wang Yuan did not cause Fang Zhihui’s death through negligence.”

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

Wei Hao’s statement was very simple, which was to refute from Wang Yuan’s subjective behavior the various objective facts proposed by the prosecution.

Thus causing the factual basis proposed by the opposing party as well as the related content to be invalid.

In fact.

If argumentation proceeds from the subjective aspect of the party concerned, there is no problem at all.

After all the subjective aspects of the party concerned are all oriented toward the aspect beneficial to themselves.

Therefore in this kind of argumentation it is necessary to attack the opposing party from an objective perspective.

After listening to Wei Hao’s statement, Su Bai smiled.

If from Wang Yuan’s subjective aspect.

There was indeed no problem at all.

But you only speak about the subjective aspect and do not speak about the objective aspect is that correct?

From the perspective of objective factual basis.

Then…

Wang Yuan’s behavior constituted negligent homicide.

Because in the crime of negligent homicide, from the objective perspective.

There are three points:

(1) the actor has behavior causing another person’s death.

(2) objectively the result of causing another person’s death must have occurred.

(3) there exists a causal relationship between the actor’s negligent behavior and the result of the victim’s death.

Regarding these three objective factors of negligent homicide.

Wang Yuan satisfied all the conditions.

If one continues stubborn argumentation then it would be impolite.

The next disputed point of argumentation proceeds from these aspects and basically there is no problem.

Wang Kai’s statement just now also proceeded from these aspects.

However it was only that the expression was not clear.

Su Bai raised his head and looked toward the seat of the Presiding Judge, waiting for the Presiding Judge to summarize the argumentation of both sides just now.