"Aiao, good lawyer Wei."

Wang Manhua nodded.

.….….

At the same time.

On the trial stage, Zhou Guangyu simply wrote down a few key words about Su Bai's lawsuit application, and then looked at the prosecutor.

"The prosecutor please state your application for this hearing."

"Good judge."

When Wang Kai faced the presiding judge, he sorted out the litigation materials.

He and Su Bai are both litigants, so on some points, they are consistent with Su Bai's views.

In fact, most of the points raised by Su Bai were what the prosecutors wanted to state.

It can be said that Su Bai has already stated the general lawsuit application.

However, the prosecutors still need to make further supplements to some of the questions raised by Su Bai.

This is also some of the rights of their prosecutors.

Wang Kai opened his mouth and stated: "Presiding Judge, we agree with the views of the litigation attorney just now."

"But some additions are still needed."

"First of all, we believe that there are indeed certain objections to Wu Guoxing's verdict, and we agree with lawyer Su's view that the first-instance verdict imposed a lighter sentence on Wu Guoxing."

"Secondly, what we add is the accusation against Wang Yuan."

"According to our evidence and legal basis, Wang Yuan is indeed seriously suspected of causing death by negligence."

"The prosecutor applied for judgment on Wang Yuan."

"And for the crime Wang Yuan committed, the prosecutor's proposed sentencing is two years."

"Presiding judge, the prosecution has finished its statement."

What Wang Kai added was about the sentencing of Wang Yuan.

After the prosecution finished its statement.

Zhou Guangyu banged the gavel and said: "Now I will summarize the content of this trial."

"The litigants have reached an agreement."

"1: The first-instance verdict for Wu Guoxing's murder of Fang Zhihui is considered to be lighter, and we apply to revoke the first-instance verdict."

"Two: Wang Yuan was found to have committed criminal negligence during this process."

"Do the prosecutors and litigants have any objections to the summary?"

Wang Kai: "No objection."

Su Bai: "No objection."

The gavel struck.

"The prosecutor and the litigant have no objection to the summary, so now we will start the statement and defense on the first point."

"Now the litigant is asked to state the basis for applying to revoke the first-instance judgment in the case of Wu Guoxing's murder of Fang Zhihui, including but not limited to legal basis or submitting factual evidence."

"Good judge."

Su Bai nodded

The legal statement for revoking the first-instance judgment is still very simple.

Because of the relevant evidence, prosecutors and law enforcement agencies are well prepared.

The key points are mainly stated from the subjective aspects of the first-instance judgment, as well as the opinions of the other party's litigation attorney at the first instance and the perspective of defense.

Su Bai has already prepared the litigation-related content in advance.

After extracting the relevant litigation content from the materials.

Su Bai began to state.

"Presiding judge, we would like to first describe the process of the entire case and ask the party being sued some relevant questions to clarify the context of the entire case."

"Application approved!"

Zhou Guangyu banged the gavel and agreed to Su Bai's application.

After the application was approved, Su Bai looked at Wu Guoxing and began to state the relevant matters and the general content of the defense in the first instance.

"In this case, Wu Guoxing committed murder intentionally. There is no objection to this."

"The main key question is whether Wu Guoxing's intentional murder was a crime of passion or a premeditated murder."

"Based on the evidence provided by law enforcement and prosecutors."

"Originally, Wu Guoxing's purpose was to find Wang Yuan and wait for an opportunity to retaliate. At the same time, Wu Guoxing was carrying a knife with a blade of nearly 15 centimeters."

"This knife, with a blade of nearly 15 centimeters, finally entered Fang Zhihui's body and was the main murder weapon that caused Fang Zhihui's death."

.….

"In the first trial, Wu Guoxing's defense lawyer argued that Wu Guoxing was a crime of passion. He had no original intention to kill Fang Zhihui, but it was only due to his own personality, hatred and other factors that broke out at the time."

"It caused harm to the innocent Fang Zhihui, which is a typical emotional crime."

"But here I would like to refute and ask Wu Guoxing's defense lawyer."

"Whether Wu Guoxing was a crime of passion or not, judging from the results of the crime alone, he used a knife to injure the innocent Fang Zhihui, leading to Fang Zhihui's death. According to forensic identification, the direct factor in Fang Zhihui's death was Wu Guoxing's injury.

Behavior?"

"Yes."

Ye Hua nodded slightly. This point is proved by strong evidence and cannot be refuted.

After hearing Ye Hua's admission, Su Bai continued: "According to the definition of the law."

"The following points of view are found in determining intentional homicide and causing death and imposing a lighter punishment:"

"1: Intentional homicide in defense."

"Two: Indignation homicide refers to the fact that the victim committed a major criminal act and was intentionally killed by others in the process of committing the crime."

"Three: Passionate killing. There is no intention to kill intentionally, but under the provocation of the victim, he loses his mind and loses control and kills the victim."

"Passion killing also includes the following necessary conditions."

"(1) It must be due to the serious fault of the victim that caused the offender's strong emotional fluctuations."

"(2) The perpetrator lost his mind due to strong emotional fluctuations or lost and weakened his ability to identify and self-control."

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"(3) The act must be carried out on the spot in a passionate mood to be considered a murder of passion."

"Four: Commissioned to kill..."

“…”

"According to the judgment in the first instance, what Wu Guoxing applied was the third point of passion killing."

"When there is no intention to kill someone, he is provoked or provoked by the victim, so he loses his mind, loses control and kills the victim."

"I would like to ask the lawyer appointed by the party being sued, is this your defense point of view?"

Ye Hua nodded: "Yes."

"Although Wu Guoxing said he had a knife, his main purpose at the beginning was to commit an impulsive crime against Wang Yuan."

"The act of killing Fang Zhizhi is a typical emotional crime."

Facing Ye Hua's answer, Su Bai continued to speak

"The killing of Fang Zhihui is a typical emotional crime. So according to the law, did Fang Zhihui tease or insult Wu Guoxing, causing him to lose his mind?"

"According to the evidence provided by law enforcement, Fang Zhihui was trying to dissuade Wu Guoxing, right?"

"The law enforcement side did not mention that Fang Zhihui had any insults or other exciting behaviors towards Wu Guoxing when he was trying to dissuade him."

"I would like to ask the attorney of the defendant, how did you determine that the victim Fang Zhihui provoked and provoked the perpetrator Wu Guoxing?"

This issue is the core issue in this lawsuit.

Crimes of passion are described by legal guidelines and specific interpretations of the law.

It's not that you said passion is passion...

Su Bai looked at Ye Hua, waiting for the other party's answer.

Facing Su Bai's inquiry, Ye Hua frowned slightly.

It's not that he can't answer this question.

Instead, he was thinking about how to deal with Su Bai's further attacks after answering this question.
Chapter completed!