Chapter 373 I was shocked, what kind of performance is this?(1/2)
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 in vain, 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 level of insurance is effective, the second level of insurance will be of no use, but once the first level of insurance fails, the second level 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 a bit unexpected, as an experienced prosecutor with strong professional capabilities, Shen Tianci quickly figured out the clues and found a rebuttal 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 solely 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 is 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?
This chapter is not over, please click on the next page to continue reading! In a word, in a word.
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 to compete with real people...
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 first-rate and 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.
To be continued...