Chapter 188 Don't let those who stand up for justice be chilled (6K)
"Plaintiff's lawyer, given that the defense lawyer temporarily submits evidence, you can apply for an adjournment in order to prepare for the defense idea. Do you want to apply?"
Chen Zhonghan looked at Yue Bin and asked.
There is no room for refutation for this kind of ironclad evidence.
The reason why I asked this is just a routine matter, this is the right of the plaintiff's lawyer.
"No application." Yue Bin shook his head.
Even if the court adjourns, it is useless. This round has been completely defeated.
Yue Bin naturally won’t make unnecessary struggles.
He took a deep breath and regrouped: "Although Han Mingshi committed theft, and although the defendant's behavior was barely considered bravery, I want to say that bravery should pay attention to methods and standards, and also to control the standards!"
"Our country encourages bravery, but it does not allow anyone to use bravery as an excuse to persecute others or even threaten the lives and safety of others!"
"Everyone should know that when our party was chased, there was no illegal infringement, nor did it pose a threat to the safety of anyone's life and property."
"In this case, is it necessary for the defendant to force Han Ming so much? Can we adopt a more peaceful approach? Should we call the police in time instead of acting without authorization?"
"Imagine if it weren't for being so forced by the two defendants and feeling strong fear, how could Han Ming jump into the river and drown!?"
"So can I say this? If the defendant did not pursue Han Ming, he would never be able to die!"
Yue Bin narrowed his eyes slightly and said word by word: "In other words, there is a causal relationship between the two defendants and Han Ming's death!"
causation!
This is the top priority of this case.
If this is true, then no matter whether the defendant acts bravely or not, he will be guilty of causing death by negligence!
After saying that, Yue Bin turned his attention to Luo Dazhang on the opposite side.
He wanted to see how Luo Dazhang would defend.
Under Yue Bin's gaze, Luo Dazhu slowly shook his head.
I thought it was the king, but I didn't expect it to be scrap iron.
This expectation was wasted...
Luo Dazhang suddenly felt a little bored and said calmly: "The causal relationship in criminal law refers to a cause and cause connection between harmful behavior and harmful consequences."
"If there is a causal relationship between harmful behavior and harmful results, we cannot make subjective assumptions, but should be guided by the dialectical materialist theory of causal relationship."
Luo Dazhun's voice is loud, and Kang's speeches are filled with a powerful aura.
Let's start explaining one by one.
"First, the objectivity of causality."
"Cause and effect relationship, as the relationship between objective phenomena, exists objectively and does not prerequisite whether people are subjectively cognizing it."
"And the accused by the plaintiff's lawyer just now was entirely based on personal subjective judgment and was not enough to prove that the causal relationship was established."
"Second, the time series of causal relationships."
"The so-called time series means that from the perspective of occurrence time, the reason must be first, and the result can only be later, and the chronological order of the two cannot be reversed."
"In criminal cases, we can only find the cause of harmful behaviors before the hazardous results occur."
"So, did Han Ming jump into the river, what harmful behaviors had happened to him?"
"Has anyone threatened him? Has anyone forced him? Has anyone pushed him? Has anyone attacked him?"
"No, nothing!"
"That is to say, before the harmful result occurs, there is no harmful behavior at all, and naturally there is no causal relationship!"
Yue Bin frowned immediately.
I felt a strong sense of powerlessness in my heart.
At this time, he truly realized the power of Luo Dazhao.
He almost broke the causal relationship and made a detailed and in-depth explanation.
It's simply impeccable.
And this is just the beginning.
Luo Dazhao's statement continues.
"Third, the inevitable connection of causality."
"The causal relationship is manifested as the internal, inevitable, and regular connection between the two phenomena. This is the most basic and most important form of causal relationship."
"We are back in this incident. Our party is just running ten meters away from Han Ming. There is an internal, inevitable, and regular cause and conditional cause and condition between this incident and Han Ming jumping into the river.
Is it a connection caused?"
"Someone will jump into the river just because they see others running on the street?"
Luo Dajie spread his hands, his face full of confusion.
Yes, others are just running on the street. It is your choice to jump into the river. What does it have to do with them?
As soon as these words came out, they burst into laughter and could be said to be true.
Many people laughed out loud in the audience.
The sound came into the ears of Cao Dantong and his daughter, but it was particularly harsh.
"winter!"
"quiet!"
Chen Zhonghan looked serious and was an old judge. He was knowledgeable, experienced, and very calm.
The court of justice calmed down.
Luo Dazhuo continued to state:
“Fourth, the issue of causality of inaction.”
"Inaction crime refers to the act of the perpetrator who violates the direct provisions of the law and has a legal obligation to refuse to perform, and has serious circumstances or serious circumstances. A brief description in six words is: should be done, can do it, and not do it."
"Breaking direct provisions of the law means that a crime that violates the criminal law has a direct provisions, which constitutes a crime. No crime is not allowed without provisions of the law. Analogy is strictly prohibited."
"Han Ming's drowning was not caused by our parties, and the two parties were completely unfamiliar with them and had no relationship."
"So our party has no obligation to rescue him. Even if we stand by and refuse to save him, it will not be a crime of inaction."
"But our client is kind-hearted. He can't bear to watch a living life pass away in front of his eyes, so he risked his life to go into the water to save people. What is this?"
"This is great benevolence, this is great righteousness, this is great love, this is great kindness!"
"And now, just because the rescuer did not successfully save the drowning life, his family will be charged with negligent death by his family? If this is the case, who dares to go into the water to rescue him in the future when he sees someone drowning? Who dares to do so?
To help?"
“About…”
Luo Dazhang took a deep breath and spoke in a deep voice: "I think there is no legal causal relationship between our party and Han Ming's death!"
These words are clear and logical.
Yue Bin’s so-called “causal relationship” was refuted from all aspects.
Luo Dazhao showed his sharpness and performed perfectly.
In this incident, Jiang Bai and Meng Bo were not wrong.
They just act bravely.
And twice.
The first time, catching a thief!
The second time, save the drowning person!
If we really want to talk about it, Cao Dantong and his daughter not only have no reason to blame them, but should be grateful, grateful and grateful.
Because Jiang Bai risked his life to rescue Han Ming, Meng Bo called the emergency number in time.
Although the result was not ideal, this did not erase the efforts made by the two to rescue Han Ming.
but……
As family members, they sued the two in court with a complaint.
Isn't this a realistic version of the farmer and the snake?
"What do you mean!?"
"Do you still want us to be grateful to those two murderers?"
Cao Dantong slapped the umbrella, stared at Luo Dazhao viciously, and asked loudly.
Luo Dazhang nodded seriously and said, "If you are a person with clear right and wrong and grateful heart, then you should indeed thank the two defendants."
"They did make efforts to rescue your drowning son, even risking their lives."
"You fucking fart!"
"My son is dead! You actually made me thank the murderer!"
"Are you still an individual?"
Cao Dantong roared and rushed towards Luo Dazhe with his teeth and claws.
Fortunately, the bailiff behind her had been paying attention to her.
Stop it as soon as possible.
"Dongdongdong!"
Chen Zhonghan rang the gavel, and his tone warned in his eyes: "Plaintiff, please pay attention to your emotions and the order of the court. If you do something wrong again, I have the right to expel you!"
"He completely turned black and white, and asked us to thank the murderer. Is there any reason for this? Is there any law of nature? Is there any law of kings?"
Cao Dantong was so angry that she trembled all over and her face turned red.
Chen Zhonghan said in a deep voice: "Now is the court debate. In theory, anyone can speak."
"If you do not agree with the other party's remarks, you can refute it, but pay attention to how you speak."
The court is not a vegetable market.
The trial is not a street quarrel.
It’s not the one who has a high voice who has the right to take the blame.
Seeing that Cao Dantong was no longer in a seizure, Chen Zhonghan looked at Luo Dasheng: "Defense lawyer, do you have anything else to say?"
"have."
Luo Dazhang nodded and continued to speak: "Determining causality does not mean determining criminal responsibility."
"Whether the perpetrator is criminally responsible depends not only on objective facts, but also on the subjective psychological state of the perpetrator about the behavior and the outcome."
"Because in the case of causality, the perpetrator may not have the intention or negligence required by the criminal law, and in this case there is no criminal liability."
Luo Dazhang's understanding of legal provisions and judicial interpretations is really too thorough, and he has definitely reached the peak.
"Return to the crime of negligence to cause death itself, the subjective form of responsibility for this crime is negligence, that is, the perpetrator has foreseeable possibility of his own actions causing death to others, or has foreseeed and trusted to avoid it."
"The crime of negligence causing death is a negligence crime, including negligence causing death by negligence and overconfident negligence causing death by negligence."
"The former means that the perpetrator should foresee the consequences of his own actions that may cause death by others, and fail to foresee it due to negligence, which leads to death by others."
"The latter means that the perpetrator has foreseeed that his actions may cause death, but that it can be avoided by credibility."
Luo Dazhang pointed at Jiang Bai and Meng Bo: "The two defendants have never met Han Ming, they have never met him at all, and they have no knowledge of him, and their understanding is zero!"
"We cannot ask them to foresee that under the circumstances at that time, a stranger who had never met before would make the extremely dangerous move of jumping into the river."
"Since it is unforeseeable, then our parties have no subjective negligence. Whether it is negligence to cause death or overconfident negligence to cause death, it is not true!"
Finally, Luo Dazhao smiled slightly and summarized:
"From the perspective of the perpetrator, the result of this incident is caused by other unforeseen reasons. It is an accident and the perpetrator does not need to bear any criminal liability."
After saying that, he let out a long breath and slowly sat down.
Chen Zhonghan nodded slightly and turned his eyes to Zhang Wei: "Defense Attorney No. 2, do you have any defense opinions to add?"
Zhang Wei shook his head: "No."
I have seen many teammates of pigs, and now I have finally matched the super god teammates.
Zhang Wei has adjusted his posture and lie down.
So Chen Zhonghan turned his head and looked at the plaintiff's seat: "Plaintiff, do you have any objections?"
“Yes, yes…”
Yue Bin said with a stingy forehead: "I think..."
In the following time, the two sides had a fierce debate on the focus of causality, negligence crimes, etc.
As a result, there was no doubt that Yue Bin was pressed to the ground and rubbed repeatedly.
Compared with Luo Dazhao, his level is at least two worse than Zhang Wei.
Not a match at all.
Moreover, as Zhang Wei joined the battlefield, this disadvantage became more and more unstoppable.
In terms of criminal responsibility, it was completely defeated.
Afterwards, Yue Bin began to switch to the civil "battlefield".
Although you don’t need to bear criminal responsibility, after all, if a person dies, you can’t pay a penny without paying it?
But Luo Dazhang and Zhang Wei's proposals really don't pay a penny.
In this trial, their goal is to exempt all criminal liability and all civil liability!
Even if they were finally awarded a penny, they would lose.
Moreover, Luo Dazhao also cited an example of an incident ten years ago.
It's Qiao Haiyang's eucalyptus.
He robbed in the street and was chased by passers-by, but when he climbed over the railing, he was accidentally stabbed to death by the spikes on it.
Those passers-by were sued by Qiao Haiyang's family, and the charge was also a crime of causing death by negligence. Their defense lawyer was Luo Dasheng.
These two eucalyptus are very similar.
Under Luo Dasheng's defense, the result of Qiao Haiyang's judgment was that the defendant did not need to bear criminal liability or civil liability.
Complete victory.
Luo Dazhao raised the eucalyptus, which is the most typical method of using eucalyptus to interpret it, which has very high reference value for the current eucalyptus.
This also became the last straw that overwhelmed Yue Bin.
"winter!"
Chen Zhonghan beat the gavel and ended the debate.
The court debate has actually ended at this stage. If the debate continues, it will be meaningless and will be an ultimate torture to the plaintiff's lawyer.
Hearing the sound of the gavel, Yue Bin immediately breathed a sigh of relief.
Chen Zhonghan spoke: "Please ask the plaintiff to make a final statement."
The words fell.
Cao Dantong stood up tremblingly.
She will speak at this stage of statement.
The mother who lost her son in her old age made a statement, which was obviously more infectious than her younger sister.
Cao Dantong held the statement in both hands and began to state:
"Dear judge, dear jurors..."
Cao Dantong's eyes were red and her voice was crying.
"My man died early, and I was both a father and a mother, and I raised my two children. The hardships are difficult for outsiders to understand."
"Fortunately, my two children are very strong and obedient. My son is even more promising and has become a company leader at a young age."
"I still remember that morning when something happened, he told me, Mom, you have suffered, so wait and enjoy your happiness in the future..."
Speaking of this, Cao Dantong burst into tears and sobbed.
"As a result, I waited for a shocking news!"
"White-haired people give birth to black people, this is the most sad thing in the world."
"My son, I just left like this. I can never see him again, and I can never hear him calling me 'mom'..."
"My son may have violated the law for a while, but even if he makes a mistake, he will not be punished to death, right?"
"Even if my son is a thief, can he be persecuted? Should he die!?"
Cao Dantong glared at Jiang Bai and Meng Bo with red eyes and gritted her teeth and said, "My old woman doesn't understand any legal causal relationships, but I just want to ask, why do you say that the defendant and my son have died?
relation?"
"How could he die if they didn't chase my son!"
"It is because of them that my son died! I beg the judge and all the jurors to convict the defendants in accordance with the law, to be sentenced to a severe sentence, and to let them bear civil liability!"
After saying that.
Cao Dantong bowed deeply to the judge and sat down sobbingly.
Take a tissue from my daughter and wipe my tears.
This statement is very contagious.
Even in the audience, several of the people who had come to support Jiang Bai and Meng Bo showed unbearable expressions on their faces.
After all, people are not plants and trees.
No matter how unreasonable Cao Dantong is, she is unreasonable, at least her relationship with her son is true, and this statement is also from the heart, which makes people feel uncomfortable when they hear it.
This is also the plaintiff's last chance.
Fight for sympathy points.
Chen Zhonghan had no expression on his face. No matter how he felt inside, he would not express it on his face, and he would not say it.
As a judge, you cannot be affected by subjective emotions.
He must ensure that he is objective and rational enough to make the most fair judgment.
Chen Zhonghan looked at the defendant's seat: "Please make a final statement."
Jiang Bai stood up and began to state:
"Dear judge, juror, I first make my point."
"I have nothing to do with Han Ming's death, and I should not bear any responsibility, neither criminal or civil liability!"
"The two defense lawyers are professional in the legal field. They have already made it clear, so I won't go into details."
"But some words are kept in my heart and I won't be happy if I don't vomit!"
Jiang Bai slowly looked around, his words were sonorous and loud.
"Be brave enough to be righteous and uphold justice is the traditional virtue of the Chinese nation. Confucius once said that if you don't do what you do when you see righteousness, you will have no courage."
"Today when our country realizes its dream of great rejuvenation, the traditional virtues of bravery should be carried forward, and this behavior should also be promoted and encouraged."
"I am very sad. I don't know when it started. I didn't dare to help the old man when he saw someone falling down, I didn't dare to rescue him when he saw someone running away, and I didn't dare to stop him when he saw a thief running away..."
"I don't know when it started, fewer and fewer people will be brave."
"Has human hearts changed? Or has this society changed?"
"The saying, 'Why do you help me if you are not hitting me,' has caused many brave people to worry about their righteousness?"
"If we have to take responsibility for our bravery, then who will dare to act bravely in the future? Who will dare to uphold justice? What will our country become? What will our nation become?"
"It shouldn't be like this, nor can it be like this!"
"Those who act bravely should not have any worries!"
"Please consider this case seriously, and do not let those who act bravely, nor do you extinguish others' enthusiasm and courage to act bravely!"
Jiang Bai's voice resounded in the courtroom.
Word by word, it is deafening.
Word by word, thought-provoking.
If the hero still has to bear grievances, is there anyone willing to stand up? Is anyone willing to stand up?
This statement made many people in the courtroom fall into deep thought.
Many people who are watching the live broadcast can't help but scream.
Well said!
In other words, the live trial cannot be posted or given gifts cannot be given.
Otherwise it would definitely be an unprecedented grand occasion.
After Jiang Bai's statement ended.
Meng Bo stood up.
He swallowed and spoke slowly:
"I'm not very educated and not very good at speaking, but I have the most basic view of right and wrong. I think I should stand up when I meet bad people!"
"If I don't help others are abused today, then I will not help me if I receive the abuse in the future."
"I am a security guard, protecting the safety of the party."
"Although the job is ordinary, I still have a sacred sense of mission and responsibility in my heart."
"I have no regrets, I have a clear conscience, and I feel deeply regretful about Han Ming's death, but I still firmly believe that I am right."
"I also believe that the law is fair and warm."
"I beg the judge and all the jurors to enforce the law impartially and to return me justice."
Meng Bo's statements are even more simple and unpretentious, but they are also deeply rooted in people's hearts.
It resonated with countless people.
"winter!"
Chen Zhonghan beat the gavel heavily.
"The court is temporarily adjourned for two hours, and the verdict will be announced after the reopening."
Then, he took the members of the collegial panel and retreated.
They need to have a good discussion.
The judgment of this case requires extreme caution.
...
East China Sea, in a large flat layer.
"Sister Yun, what's going on now?" Ji Xiaomeng asked when he saw the live trial broadcast turned into a black screen, shaking Sister Yun's arm.
Sister Yun said helplessly: "You didn't listen to the presiding judge. You will be adjourned for two hours and announce the verdict after the trial."
"It will take two more hours..."
Ji Xiaomeng pouted and delayed her dissatisfaction for a long time.
Sister Yun smiled and said, "This conspiracy has attracted widespread attention from all walks of life. The collegial panel must be treated very carefully. It is estimated that they will experience a fierce debate in the past two hours."
"You, just relax. Judging from the situation, the chance of winning is approaching 100%.
Ji Xiaomeng held his hands and said piously: "I am willing to use the price of my best friend being single for 30 years in exchange for a complete victory in this lawsuit!"
"Your best friend?"
"Yeah."
"How many best friends do you have?"
"You are the only one."
"Oh... OK, you damn girl!"
"Ah, no!"
The two started to fight.
Time passes by minute by minute.
Finally, the court resumed as countless people waited for the stars and the moon.