Chapter 79 We have to admit that there is a gap between people
Being familiar with legal provisions is only the minimum standard for entry into the legal profession, and many law students with excellent grades can do it.
Only by skillfully and accurately applying legal provisions to practical examples can one be considered a qualified lawyer.
During the trial process, you can adapt to circumstances, flexibly switch defense ideas, and be able to catch any small mistakes made by the opposing lawyer, launch a counterattack, expand your advantage, and establish a victory. Only then can you be considered an excellent lawyer.
The truly brilliant and powerful top lawyers and industry giants can not only control the rhythm of their own defense, but also make the other party's lawyer follow his rhythm without knowing it, and even fall into the "trap" he has set.
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There is no doubt that Zhang Wei is definitely an excellent lawyer, but his opponent is a real industry giant!
Sometimes we have to admit that there are differences between people.
Zhang Wei was just a little careless, and the advantage he established in the early stage collapsed instantly.
Sweat had begun to form on his forehead.
He quickly began to make amends: "I don't mean that those who are brave enough to do what is right should be willing to take risks, I just want to express a point."
"When we act bravely when we see justice, we must also protect our personal safety. We must act bravely when we see justice, while ensuring our own safety. In other words, what I advocate more is 'act wisely when we see justice'."
"Human life is precious and equal. I admire and support those who act bravely, but at the same time, I hope these heroes can protect themselves."
Luo Dazhuang smiled slightly.
Zhang Wei's remedy can only prevent the situation from getting worse, but it will not make things better.
The judge and jurors had already formed an impression because of what he had just said.
He lost a big point!
Zhang Wei naturally knew this, so he quickly skipped the topic and began to reorganize his defense ideas:
"After the incident, the plaintiff reported to the Changhe Street Police Station. The police station immediately launched an investigation and summoned the two defendants back to conduct multiple, multi-faceted investigations and evidence collection. The procuratorate also intervened in the investigation stage in advance to guide the evidence collection work."
"After the case was handed over to the Procuratorate, the Procuratorate attached great importance to this case and held a special hearing involving the investigative agencies, prosecutorial agencies, and people from all walks of life on whether to prosecute the defendant, and the entire process was audio and videotaped."
"In the end, the procuratorate made the decision not to prosecute. I believe that the procuratorate's determination of the case complied with the provisions of the law, and there was no violation of procedure or substance."
"Please consider this fact and judge that our client is not guilty of intentional homicide."
In every public prosecution case, the public security organs and procuratorates carefully investigate and collect evidence before making a decision on whether to prosecute, what crime to prosecute, and the specific litigation requirements.
Generally speaking, the evidence for public prosecutions is conclusive and there is basically no reversal.
The defense lawyer can only try to help his client reduce the sentence by starting from the aspect of sentence reduction.
On the other hand, the procuratorate has made a decision not to prosecute. Isn't this enough to prove that the defendant's crime is not established?
Therefore, cases that are transferred from public prosecution to private prosecution will usually be rejected at the filing stage due to insufficient evidence or other reasons.
Even if a case is filed, the final result is very likely that the defendant will be acquitted and released in court.
This is a case in which the procuratorate refused to prosecute.
Neither the public security organs nor the procuratorate believe that it constitutes attempted intentional homicide, so why are you still charging me with this crime?
Do you think you are more professional than the public security organs and procuratorate?
To be more conspiratorial, are you saying that the public security organs and the procuratorate did nothing to create an unjust and false case?
Facing Zhang Wei's attack, Luo Dazhuang behaved very calmly.
In his opinion, Zhang Wei is just a trapped beast still fighting.
The winner of this trial has already been decided.
As soon as Zhang Wei finished speaking, Luo Dazhuang stood up slowly. Wang Zhi glanced at him with contempt and said, "Objection! I object to the defense lawyer's argument!"
"Article 7 of the Civil Procedure Law explains the principle of taking facts as the basis and law as the criterion."
"Being based on facts means avoiding subjective one-sidedness. The facts of the case must be determined in accordance with legal procedures. The evidence provided by the parties must be carefully and comprehensively reviewed. After cross-examination and debate by both parties, it must be reviewed by the court to find out whether it is true or not. Only then can it be used as the basis for a decision!"
"To use the law as the criterion is to use the law as the objective criterion to distinguish right from wrong. We cannot use words to replace the law, power to replace the law, and we cannot make subjective assumptions!"
"The transfer of public prosecution to private prosecution is in compliance with legal procedures, and this is also the legitimate right enjoyed by the plaintiff!"
"The procuratorate has their own reasons for not prosecuting, but where is this place?"
Luo Da's words were sonorous and resounding: "This is the criminal court!"
"Now that this case has been filed and a trial has begun, the outcome of the trial should be used to evaluate whether the crime is established, not anything else."
Chen Zhonghan nodded slowly and said: "The plaintiff's lawyer's objection is valid. The defendant's lawyer, please don't pay attention to things other than the situation."
"OK."
Zhang Wei nodded helplessly.
Later, he defended himself from the motive of the crime.
After all, the two sisters Liu Yiyi and Liu Feifei have nothing to do with Jiang Bai, let alone any grudges.
Moreover, the two sisters have no criminal record and are just two ordinary social animals.
No matter how you look at it, you can't find any motive for their intentional murder.
But Luo Dazhuang also said that not all murderers have a clear motive for committing a crime. For example, killing with passion may have no psychological preparation at all before committing the crime, but under a certain situation, the intention to commit the crime arises.
thoughts, and commit crimes...
Moreover, Luo Dazhuang also analyzed and interpreted the on-site situation.
For example, when Jiang Bai came ashore, the two defendants did not provide any help. This was "allowing danger to occur"...
For example, a pet dog bit Jiang Bai in the water, and the two defendants did not take any remedial measures. What if they were infected with rabies?
The situation is very unfavorable for the two sisters Liu Yiyi.
Two hours later.
"winter!"
The court debate is over.
Chen Zhonghan looked at Jiang Bai: "Please make the plaintiff's final statement."
Jiang Bai stood up, bowed deeply to the judge, and said, "I just hope that the judge and the jurors can uphold justice for me, thank you."
"Please let the defendant make his final statement."
"Gudu!"
Liu Yiyi swallowed hard and looked at Zhang Wei anxiously.
She also knows that the situation is not optimistic for her, and now she is panicking.
Zhang Wei sighed, lowered his voice and said, "Just make your statement according to what I told you."
He has tried his best.
This time there were no pig teammates to hold us back, it was entirely due to the gap in strength.
Liu Yiyi's heart sank, and her heart skipped a beat.
Her breathing became rapid, and her lips trembled as she said: "I, I have deeply realized my mistake... I sincerely apologize to the plaintiff, and am willing to make compensation, and ask for the plaintiff's understanding... I solemnly promise that I will never dare to do so in the future.
If you offend again, you will definitely be a new person...I beg the judge and all jurors to have mercy..."
After Liu Yiyi stammered her statement, her sister Liu Feifei made the statement.
Liu Feifei was even more flustered, vibrating the whole time.
After the two defendants finished their statements.
Chen Zhonghan banged the gavel and adjourned the court for one hour.
The court reopened at 1 p.m. to announce the verdict.
Then the bailiffs came forward and took the two defendants whose legs were weak to the detention room for temporary detention.
This period of waiting for the verdict is particularly painful for them.
Seconds simply seem like years.
But Jiang Bai was more relaxed, and he even happily showed off three large bowls of white rice.
In response to a recent hot news, I discussed with Luo Dazhuang "what can be copied or not".
"Luo Dazhuang, haven't the results of the college entrance examination been announced recently? Have you noticed a piece of news?" Jiang Bai looked at Luo Dazhuang sitting opposite and said with a smile: "That is to say, there is a candidate who has taken the college entrance examination for three consecutive years.
They all got admitted to Peking University and earned 2 million."
"There is a lot of discussion about this behavior on the Internet now, and it has also caused quite a bit of controversy."
"Luo Dazhuang, do you think his behavior poses any risk of breaking the law or committing a crime?"
Luo Dazhuang said calmly: "I read the news and found that this candidate cannot be convicted of a crime according to criminal law."
"First of all, the crime of substitute examination is not established because he did not let anyone else take the exam on his behalf, nor did he take the exam for others."
"Secondly, the crime of impersonation cannot be established. The crime of impersonation refers to theft and impersonation of another person's identity to replace other people's higher education admission qualifications, civil servant recruitment qualifications, educational placement benefits, etc."
"This candidate used his real name for the three college entrance examinations and has no criminal facts."
Luo Dazhuang said with a smile: "There is no law that stipulates that you must go to Peking University if you are admitted to Peking University, and there is no law that stipulates that you cannot change schools and repeat your studies."
"This is a matter where the school and the candidates agree to award and take the exam, and the candidates make money based on their own abilities."
"Is there a problem with this? There is no problem with this!"
Jiang Bai nodded slowly and laughed at himself: "This guy is really good. If it were me, let alone the different test questions for three years, even if the same college entrance examination questions were given to me for three years, I wouldn't be confident.
I can get into Peking University."
Luo Dazhuang glanced at him and said calmly: "Jiang Bai, you have to admit that the gap between people is sometimes wider than the gap between people and small animals."