Chapter 373 The old man was stunned, what kind of performance is this?
Zhang Wei stood at the defender's seat, looking with burning eyes at the presiding judge and the judges on the court, with a calm and leisurely smile on his face.
He still has a lot of confidence in this case.
Mainly because he found a good breakthrough point.
The main angles or strategies for routine defense practice are nothing more than taking the initiative to plead guilty and accept punishment, not being subjectively malicious, not causing serious social impact, etc.
These are almost universal defense strategies for reducing sentences.
As long as the defendant is not hopelessly stupid, most situations can be applied.
But having said that, although these defense strategies are generally useless, the effect is always somewhat unsatisfactory.
Zhang Wei naturally understands these principles.
Therefore, from the first moment he received the case, he did not satisfy the conventional mitigation defense strategies, but focused on finding new and more powerful mitigating circumstances.
In the end, he really found it, and it also had a miraculous effect that was almost as effective as removing the firewood from under the cauldron.
This strategy has double insurance.
The first and most important step is to deny that there is a legal causal relationship between the traffic accident and the two defendants' provoking behavior.
As long as this causal relationship is refuted, the culpability of Zhou Hongtao and his two men will be greatly reduced.
Their base sentence will be directly reduced from five years to ten years to less than five years.
In this way, Zhang Wei is confident that Zhou Hongtao's sentence will be reduced to three years. As for Zhou Yunan, a suspended sentence is appropriate. In the best case scenario, he may be able to get one suspended sentence and two suspended sentences.
Such a large reduction in sentence is extremely rare in Zhang Wei's nearly 20-year career. Once successful, it will become another classic case for him.
Zhang Wei is quite confident.
Even if this fails, there is still a second layer of insurance.
Can a small traffic accident be considered a "serious disruption of social order"?
This will also greatly affect sentencing.
When the first layer of insurance is effective, the second layer of insurance will be of no use, but once the first layer of insurance fails, the second layer of insurance will come into play.
Although the reduction in sentence is slightly less effective, it is still better than those passed defense strategies.
Double insurance, two-pronged approach.
Is there any reason to fail?
Zhang Wei is confident and calm.
Chen Zhonghan exchanged opinions with the two judges on the left and right in a low voice, then looked at the prosecutor's seat and said, "Does the prosecutor have anything to say?"
Shen Tianci stood up slowly.
Although Zhang Wei's defense angle was somewhat unexpected, as an experienced prosecutor with strong professional capabilities, Shen Tianci quickly figured out the clues and found a counterargument angle.
"I disagree with defense counsel's assertion that causation does not exist."
Shen Tianci expressed his meaning clearly and then said:
"Although the traffic police brigade determined that the BMW driver Li was fully responsible for this traffic accident, it does not mean that the traffic accident has nothing to do with other people, because when the traffic police brigade divides responsibilities, more focus is on both drivers.
member."
"It has been less than half a year since the BMW driver Li got his driver's license. He is still in the internship period and is a novice driver. When encountering an emergency, we cannot be too harsh on novice drivers to make completely correct choices. This
It is unrealistic and unreasonable."
"Originally, Li's vehicle was driving on a flat, empty street in a normal posture. If there were no interference from external factors, then she would basically not have made a major mistake, and it would be even less likely that she would deviate from the normal driving direction and rear-end a vehicle parked on the roadside."
"And this external factor is that bottle of mineral water."
Shen Tianci looked around and continued: "Then can we think that if the mineral water had not suddenly rolled onto the road, Li would not have made an operating error and there would have been no traffic accident?"
"Although the defendant did not throw the mineral water out, the person who threw the mineral water, Ma Saner, was called by the defendant. So what he did and the consequences of it are naturally related to the defendant."
"It's like, Zhang San called Li Si and Wang Wu to a Shaxian snack shop to start a fight, but Li Si had a bad temper. He rushed up and smashed the shop without saying a word. Can you say that this matter has nothing to do with Zhang San? Is that so? When convicting and sentencing Zhang San, can you just casually ignore this consequence?"
Zhang Wei frowned, stood up and retorted: "Objection! The prosecutor gave inappropriate examples and was suspected of substituting concepts!"
"Among the examples cited by the prosecutor, what Li Si did can be classified as picking quarrels and provoking trouble, but in this case, Ma Saner threw a bottle of water to another person. This incident itself is different from the alleged case of picking quarrels and provoking trouble by our client. There is no direct connection.”
"This is just what people naturally do when they are thirsty."
"..."
The ensuing court debate was an eye-opener for Jiang Bai.
It’s not that the logic is so rigorous, the words are sharp, or the angle is tricky.
But...
It completely subverted Jiang Bai's understanding of court debates.
Shen Tianci and Zhang Wei, one is the director of the Public Prosecution Division of the Procuratorate and an experienced prosecutor, and the other is a senior partner of Quanjing Law Firm, one of the four major law firms in Longcheng, and a barrister who has been practicing for many years.
But their debate was...how to say, it was not much better than a quarrel in the market.
They all have a bit of strong rhetoric.
It’s also a bit “wild”.
Jiang Bai felt that some of the words he said were untenable.
But from a legal perspective, there is no problem.
This is not to blame Shen Tianci and Zhang Wei. In fact, the circumstances of this case are indeed special.
In itself, the crime of picking quarrels and provoking trouble is what is often called a "pocket crime" in the industry. The boundaries are unclear and difficult to distinguish. And then, the case itself has many ambiguities.
To put it simply, what the public says is right, and what the mother-in-law says is right.
The key is to be able to justify and explain things within the scope of the law.
For example, does the occurrence of this traffic accident have a causal relationship with the person who threw the mineral water? If so, does it have a causal relationship with the defendant in this case?
All in all, all in all.
There are really too many things that can be divisive about this case.
So much so that the court debate between Shen Tianci and Zhang Wei became like a quarrel in the marketplace.
In fact, what Jiang Bai didn't know was that this kind of debate was common in the trial court.
Many people think that a lawsuit is just like in a Hong Kong movie, where lawyers from both sides criticize Fang Qiu and argue with strong arguments, but this is not the case.
Most court debates are quite "commercial".
There have even been cases where the lawyers on both sides became anxious while arguing and then started a live battle...
It's just that in the lawsuits Jiang Bai participated in and attended before, firstly, the situation was relatively simple and the facts of the case were relatively clear. Secondly, it was mainly because the lawyers were generally of high quality.
Not to mention Luo Dazhuang, a great figure in the industry, but Zhang Wei, Chen Mengzhe, Du Yansen, etc. are also all top-notch powerful lawyers.
Either it's a peak showdown between the top big players, or it's a one-sided crushing game.
Situations like this rarely happen.
Jiang Bai sat behind Shen Tianci and yawned out of boredom.
Finally, when he was about to fall asleep, there was a "dong" sound, and the anxious court debate was finally over.
In fact, by this time, both sides have already said everything they need to say.
The rest is nothing more than Che Lunlu's back-and-forth emphasis.
Seeing this, Chen Zhonghan naturally banged the gavel and ended the court debate.
"Prosecutor, do you have any new evidence to submit?"
"No."
"Any new claims to make?"
"……No."
"Okay, defender, you..."
After Chen Zhonghan inquired for a while, he picked up the gavel again.
"Dong——"
"Since neither the prosecutor nor the defender has evidence to submit, this court investigation ends here."
"The defendant, you can make your final statement."
The words fell...
The two defendants made no move.
Sitting stupidly on the chair.
After Zhang Wei reminded her, Zhou Yunan suddenly realized that it was time for her to speak. She quickly stood up and started to speak with the statement Zhang Wei had prepared for her in advance.
"I confessed to the crime committed this month..."
While Zhou Yunan was making his statement, Zhou Hongtao asked Zhang Wei in a low voice: "Lawyer Zhang, how is the situation? I see that you guys were arguing so fiercely. Did you win or lose?"
Zhang Wei glanced at him sideways and said nothing.
Judging from the debate, his side should have a better chance of winning.
Even if this causal relationship cannot be completely refuted, at least the influencing factors can be minimized.
All in all, it will definitely help reduce the sentence.
But Zhou Hongtao didn't know much about these situations, so he kept asking.
Although his voice was low, it still attracted a dissatisfied look from the judge.
Zhang Wei had no choice but to tilt his head slightly, raised his hand to cover his mouth, and lowered his voice: "The situation is relatively optimistic. Like your sister, you may get a sentence of one with a suspended sentence of two or two with a suspended sentence of three. As for you, you can hope to get a three-year sentence."
Between one and four years.”
After saying that, he did it again and didn’t move it any more.
Zhou Yunan is still making statements, admitting mistakes and apologizing in various ways.
Zhou Hongtao was sitting on a chair, his head lowered, his eyes flashing, and his face was uncertain.
His sentence can be reduced from five years to three to four years. This result is undoubtedly very good, and the reduction is also quite large.
Logically speaking, Zhou Hongtao should be quite satisfied.
But...Zhou Yunan does not need to go to jail!
This makes me feel unbalanced.
Mist grass!
Why, it was obviously a crime committed by two people, why should I go in and spend three or four years in jail, and then come out and completely derail myself from society, and be miserable and lose hope for the rest of my life, but she didn’t even have to spend a day in jail!?
The more Zhou Hongtao thought about it, the angrier he became, and the more he thought about it, the angrier he became.
He clenched his fists tightly, his breathing gradually became heavier, and his back molars were almost broken.
Not long after, Zhou Yunan finished her statement.
Zhou Hongtao was still sulking there with his head lowered, minding his own business.
"Mr. Zhou, Mr. Zhou, it's time for you to make your final statement!"
Zhang Wei lowered his voice and warned.
Only then did Zhou Hongtao come to his senses, stood up slowly, glanced at Zhou Yunan next to him with a gloomy face, narrowed his eyes slightly, gritted his teeth, and seemed to have made a decision.
Taking a deep breath, he looked at Chen Zhonghan and said, "Your honor, I have a new situation to respond to!"
Um?
Zhang Wei was stunned for a moment.
What's going on? The script doesn't seem to be arranged this way.
Zhang Wei's eyelids twitched, and an ominous premonition surged in his heart. He quickly gritted his teeth and said to Zhou Hongtao: "Don't mess around! Just follow the statement I prepared for you. Brother, don't mess around!"
Zhou Hongtao only glanced at him lightly, then turned his attention to the altar again.
Chen Zhonghan looked at him in surprise, nodded and said, "Okay, let me know if you have any new information."
Zhou Hongtao said: "First, our original intention of going to Jiang Bai was not to seek justice for our father, but to extort money. This was the result of discussions between my sister Zhou Yunan and I."
"We thought that if everyone was gone, we could always get some money back, but we didn't expect Jiang Bai's attitude to be so tough. He later went to court and lost the case."
"The two of us were furious, so we called some relatives and friends to find Jiang Bai and force him to pay."
Zhou Yunan was shocked.
With a ghostly expression on his face, he stared blankly at Zhou Hongtao and shouted at the top of his lungs: "No, what are you talking about? When did I discuss this with you?"
Zhou Hongtao ignored it and continued: "Second, in addition to blocking the door and shouting at the gate of the community, we also revealed a lot of Jiang Bai's personal information to passers-by, including his name, specific house number,
Mobile phone number, etc.”
"I remember that it is illegal to publish other people's information at will, right?"
"But you don't seem to pay attention to this. I surrender. I am guilty."
Zhou Hongtao was very excited and his face turned red.
Being unbalanced is a terrible thing.
Some people can overcome it and look past it.
But some people can't.
It’s like a meme that people often play on the Internet:
"My own failure is terrible, but my friend's success is even more heart-wrenching."
"I'm afraid that my brother will have a hard time, and I'm also afraid that my brother will drive a Land Rover."
"As brothers, we can share joys and sorrows, but we can't share joys and sorrows."
"..."
Although most people are just joking, it also reflects the true mental journey of some people.
Just like Zhou Hongtao now.
He could accept that he and Zhou Yunan were sentenced to five years together, but he could not accept that he was sentenced to three years and Zhou Yunan was sentenced to probation.
"Third! We also contacted many Internet celebrities at that time, preparing to expose this matter, and guide stupid netizens to conduct online violence against Jiang Bai, make him die in society, and force him to pay back the money."
"..."
Listening to Zhou Hongtao's self-destruction one after another, everyone in the court was stunned.
Jiang Bai also opened his mouth slightly and looked at Zhou Hongtao in surprise.
I was shocked, what kind of performance is this?
Even Chen Zhonghan had a look of surprise on his face, and you could vaguely see the corners of his mouth twitching.
Apparently he was also extremely speechless.
"...I can take full responsibility for what I said. These things were planned and implemented by my sister Zhou Yunan and I."
"We are sinful, deplorable and unrepentant..."
"Please, your honor, give us a harsher sentence!"
As soon as these words came out, the court fell into a deathly silence.
After everyone subscribes, you can go to the "Wish Free Order" event to draw a chance to get a free order. If you draw a "free order", you can get the starting point coins consumed back. The event ends on the 22nd~