Chapter 171 The final verdict, a question from the soul!(1/3)
In this case, the two most critical points have been decided.
Then, there is no longer any problem with the verdict of miscarriage of justice.
Conditions for achieving the crime of miscarriage of justice.
1: Wrong application of law.
2: Subjective intentionality.
Three: Judges.
Two judgments and one condition have been achieved.
Next comes the key issue of prison term!
On the bench, Ren Yuandong looked at the litigation materials, simply sorted them out, and then breathed a sigh of relief.
This case is almost over here.
All that's left is to look at the specific matters and sentence Qian Wei.
Looking at the specific matters, it is very simple, that is, the final court statement.
Dong Dong Dong!
Ren Yuandong looked around, banged the gavel, and said: "The referee's decision on Qian Wei's violation of law has been completed."
"Now all parties are invited to make court statements..."
"Prosecutor, please begin your court statement."
The completion of the judgment means that Qian Wei's crime has been confirmed.
Guan Tong took a deep breath and looked at the court seat: "Presiding Judge, our court statement is as follows:"
"Based on the consequences of the crime of perverting the law, Qian Wei's judgment was wrong, and the personal losses caused to Zhang Dahu have exceeded 100,000 yuan, up to 400,000 yuan, in accordance with legal provisions."
"Qian Wei's intentional ruling affects the trial and causes huge losses to the parties, so he should be sentenced severely."
"The prosecutor recommends a sentencing of three years in prison, and we ask the court to adopt it."
"Presiding judge, the prosecution has finished its statement."
Guan Tong's court statement has only one purpose, and that is to let Qian Wei get the punishment he deserves, three years in prison, which is just right.
Boom!
Ren Yuanfang banged the gavel: "The prosecution has finished its statement, now let the defendant's client make a statement."
Liu Jun took the litigation materials from his assistant, flipped through a few pages, and said, "Good judge."
This time the trial has ended, Qian Wei is certain to be sentenced, but in terms of criminal liability, it will be either serious or serious.
Heavy...
It may take several years, or even a suspended sentence in mild cases.
Liu Jun has studied Qian Wei's case a lot, and he also knows where to start the court statement to be more conducive to Qian Wei's sentence.
Clarify your thoughts and start presenting:
"Presiding judge, our court states as follows:"
"We have no objection to Qian Wei's judgment."
"The focus is on Qian Wei's judgment and punishment. Qian Wei's judgment on Zhang Dahu's case was indeed wrong in some aspects."
"But... As a judge, you, the presiding judge, know that there are many things that need to be considered when judging a crime."
"Qian Wei was also a presiding judge, and he probably had more things to consider and take into account."
"First of all, regarding the judgment, Qian Wei's judgment does have certain problems, but he did not accept gifts, nor did he commit any other illegal or criminal acts."
"From this point of view, Qian Wei's responsibility is very small. It is just a small mistake and subjective favor that led to a wrong judgment."
"We believe that the punishment against Yu Qian Wei should be lenient. The law has no mercy. As a judge, you, the presiding judge, should be able to better understand Qian Wei's mood when he makes the verdict."
"Presiding Judge, we have finished our statement."
Su Bai:????
The law is ruthless but the people are kind...
Well, well said, very well said!
For a person who has violated the law, how can we say that the law has no mercy but the people have mercy?
The law is the fairest and has no mercy.
Are you here to make the presiding judge empathize with a criminal suspect like Qian Wei?
Tsk tsk.…
For a moment, Su Bai didn't know whether Liu Jun really wanted the presiding judge to consider it from Qian Wei's perspective, or whether he wanted to unseat the presiding judge Ren Yuandong.
After hearing Liu Jun's court statement, Ren Yuandong frowned slightly on the court, but he still banged the gavel.
"Now I invite Qian Wei, the defendant party, to make his final statement."
"Okay..."
Qian Wei took a deep breath. Knowing the verdict of this trial, he had no hope of being acquitted, so he could only ask for some reduction in sentence.
The key is his statement.
"Presiding Judge, my statement is very simple."
"As for the verdict in Zhang Dahu's case, I admit that I am guilty.
I know that the judgment I made has had a bad impact on the parties involved.
Now I have deeply reflected that my behavior was wrong."
"Through this trial, I also learned about some bad claims about my behavior."
"In Zhang Dahu's case, I did not do well. I now formally apologize to Zhang Dahu."
As Qian Wei spoke, he bowed deeply toward the prosecutor's seat, and then continued to speak.
"Although I said I made a wrong judgment, in fact, my original intention... was to achieve a fair judgment and to hope that the elderly could receive due compensation... but I did not expect that I had committed some illegal acts.
."
"To be honest, my intention was good, but my process and behavior were wrong."
"But no matter what, my final result was a serious mistake."
"No matter what judgment the court passes on me, I will completely accept it."
"However, I still hope that the court can consider my starting point and my purpose and deal with me appropriately."
"This ends my statement. Thank you to the presiding judge and members of the collegial panel."
Su Bai understood...Co-author Liu Jun, the defendant's attorney, and Qian Wei are the defendants. The parties have already discussed how to make court statements.
Want to reduce your sentence?
Use court statements to achieve reduced sentences or probation?
Su Bai frowned slightly, then relaxed his brows and looked at the defendant's seat with a smile.
Boom!
"The defendant's court statement has been completed, and the prosecution is now invited to make its final court statement."
"Good judge."
Su Bai nodded slightly. If the other party wanted to play the emotional card, he would have to make a statement from a legal perspective.
Especially... I remember how arrogant Qian Wei was at the trial.
Such judges should be punished by law.
Must be severely punished!
"Presiding judge, our court states as follows:"
"First of all, we believe that there are certain problems with the statements made by the defendant's attorney ad litem."
"I cannot understand what was stated by the defendant's attorney ad litem. Qian Wei's illegal judgment in Zhang Dahu's case was just a small mistake and a favor."
"The law is strict, and a small mistake may have serious consequences and impact."
"Besides, what is a small mistake?"
"A small mistake caused Zhang Dahu to bear a debt of 400,000 yuan."
"As a judge, can Qian Wei imagine how unaffordable 400,000 yuan would be for Zhang Dahu's family?"
"The defendant's litigation attorney made this matter so easy. Was he speaking from the defendant's perspective, or from his own perspective?"
"Or maybe you are used to being aloof and think 400,000 is not worth mentioning?"
"Favor cannot be defined by law, but the law is also not a choice in human relations."
To be continued...