txolops Chapter 108 [108] Judgment
Chapter 108 [108] Judgment
Everyone present was stunned. After a while, Wang Ru quickly got up and said, "Lawyer Fei, it's you."
Lin Pu came in from the door, moved his laptop and sat at the front of the table, and said, "You should know everyone, lawyer Fei Congfei."
"Hi everyone." Fei Cong greeted everyone in a gentle manner, "Where should I sit?"
"Sit here." Wang Ru opened the chair at the end of the long table for him.
"Long time no see." Fei Cong greeted her and said with a smile, "I remember you, lawyer Wang Ru."
"Really?" Wang Ru said excitedly, "Thank you!"
After Lin Pu sorted it out, he began to talk about the theme of this meeting: "I think everyone knows the general situation of this case, because the public security supplementary investigation has a lot of content, and there are many clues that may be involved in the case, so... just happened to be and proficient Attorney Fei for this kind of case got in touch. Let’s treat it as a bet before the college entrance examination. For the first big case of the year, our law firm still hopes to have a good start. Whether the bet is right or not, no matter what, it’s a case for going to court. It's warming up."
The last time I had contact with Fei Cong was the beach music festival case last year, in which the well-known rock musician Lauder was killed.In that case, Fei Cong also won the maximum possible commutation for the defendant, so it seems to be a victory in a certain sense.Afterwards, Lin Pu and Fei Cong also occasionally communicated by email. In the profession of lawyers, Lin Pu has always respected Fei Cong as a senior in private.
They admire each other, and they also like the feeling of meeting opponents.
"I already know the general procedure of the case." Fei Cong folded his hands on his chin, closed his eyes, "We will also omit this procedure, so I just want to ask, how are you going to fight?"
Fei Cong pointed to himself: "Lin Pu, I am the prosecutor now, this..." Fei Cong spread his hand and pointed at Wang Ru, "Ms. Wang Ru is the presiding judge, and this is the collegial panel. The scene of the trial. Come and try to use your method to counter me and persuade her."
Lin Pu nodded with firm eyes.
"Quick record." Lawyer Yang whispered to the two interns beside him, "How many times in your life can you see such a big scene."
"...Oh!" The two interns responded quickly, took out their recording pens and notebooks, and started to record.
Fei Cong raised his eyebrows at Wang Ru and made a "please" gesture.
"..." Wang Ru cleared her throat, "I'm going straight to the point. Now the collegial panel is starting the pretrial investigation. Please read the indictment."
Originally thought that Fei Cong would skip this link, but he did not expect that Fei Cong was quite well prepared and even prepared the indictment himself. Next, he began to read in his even voice:
"A murder case occurred in a hot spring resort hotel in Heishui County, Heixi City. The deceased Yang Fuhua, male, 42 years old, was the director of the overseas trade department of Haihua Trading Co., Ltd. before his death, he was with Shen Tai, the director of the financial department of the same company. Dinner in the hotel. Along with Yang Fuhua was the unemployed female Lin Meiling, who was invited by Yang Fuhua. According to the forensic examination, the victim fell into the water after being electrocuted, and the time of death was between 06:30 and [-]:[-]. Suspected of committing the crime, Shen Tai's father-in-law, Pan Xianzheng, turned himself in to the police after the incident, and confessed that he and Lin Meiling jointly planned the crime. Both parties also had financial disputes."
Fei Cong looked at Wang Ru: "We believe that Lin Meiling and Shen Tai have sufficient criminal facts and should be prosecuted for intentional homicide."
Wang Ru spread her hands to Lin Pu's side: "Skip the defendant's self-report, and the defendant's reply?"
"Dear Judge." Lin Pu put his hands on his desk, his voice was calm and implying infinite passion, "First of all, based on the case investigation records given by the police, it is only possible that the defendant committed crimes during the time of death. Lin Meiling is alone, but since Lin Meiling is dead, we cannot judge whether the person involved was due to other reasons, such as being forced by violence to defend herself, or other reasons. Although Lin Meiling is dead, no further criminal investigation will be carried out against her responsibility, but is Shen Tai guilty? We don’t think he constitutes the crime of intentional homicide.”
Fei Cong put his hands on his chin: "Excuse me, what do you think the defendant will say when he tells himself? Or ask you this, what do you want him to say?"
Lin Pu looked at Fei Cong from a distance on the long table: "He will plead guilty."
"Are you sure?" Fei Cong said.
"..." Lin Pu narrowed his eyes.
"For so long, the police did not mention that he knew Lin Meiling every time he was questioned by the police. Can you 100% guarantee that he will not repent before the prosecutor?" Fei Cong said, "You must confirm this, if he does not If you plead guilty, you may not be able to fight this case at all."
"If he pleads not guilty." Lin Pu patted the booklet on the table vigorously, "Do I still need to defend him?"
Fei Cong nodded: "Have you explained all this to the defendant?"
"Yeah." Lin Pu nodded, "I explained it in the last contact with him."
"Then how about this, add this part of his self-statement, and let the presiding judge judge. What do you think Shen Tai will say, how he will state his crimes, and which part of the guilt he will confess." Fei Cong said, " Lawyer Lin, this part will trouble you."
Lin Pu nodded: "I understand."
……
Later, in the future dock, Lin Pu had no idea whether Shen Tai would admit his crimes in his self-report as they had agreed upon, but fortunately, Shen Tai did not disappoint him on the day of the trial. .
He confessed everything he knew almost like Lin Pu did in the simulation today, and confessed to all the known facts of the case.
"I, Shen Tai."
"On the day of the incident, I ate in the restaurant of the hotel because I agreed with Yang Fuhua to go to the hot spring to discuss matters. Prior to this, Yang Fuhua used all his personal accounts because of embezzlement of public funds. If he is found out, I will Sanctioned by the company and possibly the law."
"So that night, I made an excuse to ask him for a drink... Well, maybe I usually hang out with him, so I found a woman he knew to play with him at night. After that, we had some quarrels, just quarrels I hope he won't do this in the future, I don't want me and his job to be lost. He refused and said he wanted to go soak for a while to calm down."
"The person I was waiting for didn't come, but at this time Lin Meiling came. I know Lin Meiling, she is Yang Fuhua's mistress, and I asked her why the woman I was dating didn't come. She told me to watch it on my phone, don't ask Her. That made me even angrier."
"Half an hour later, I still haven't found anyone." Shen Tai said, "With this kind of resentment, I'm going to go to the hot spring to find Yang Fuhua, whether it's a tearful talk or a big fight, or just a peaceful talk. I After entering the hot spring area, because I haven’t been here a few times, the terrain inside is very complicated. I walked around for a long time, and met Lin Meiling who came out of it in a hurry. I asked him if he had seen Yang Fuhua, and she said she hadn’t. And ran away in a hurry, I thought she looked a little flustered, which was very strange, after she left, I continued walking along the way she came."
"Finally, I saw Yang Fuhua who died in a hot spring pool in a very deep area where there were almost no people. He was naked///in swimming trunks, and the charred arms and other parts of his skin were visible to the naked eye. His face is downward, and I recognized him through his swimming trunks." Shen Tai said, "I was very scared, and I didn't dare to enter the pool. I saw an insulating glove and a pair of gloves next to the pool. There was a hanging wire, quickly put on the gloves to pinch the wire, pulled it out of the water, and saw that Shen Tai still didn't respond."
—— "Did you want him to die at that time?" was suddenly interrupted and asked.
Shen Tai paused: "I don't want him to die."
He said sincerely: "I admit that I dragged the electric wire halfway, because the only wire around the scene of Yang Fuhua's death except the rockery, the hardness of the wire is quite moderate, I really want to drag it over and poke him, see See if he reacts, but when he doesn't react at all."
— “Why do you wear gloves to poke him?”
"Electric wires." Shen Tai said, "What if I get electrocuted to death?!"
——"Didn't you know that water conducts electricity? Wouldn't a wire in the water not electrocute him?"
Shen Tai said: "But... I touch his body with the insulating material on the outer end, does this also conduct electricity?"
……
"The defendant has confessed to the above-mentioned behavior." Wang Ru looked around at both ends of the long table, holding her little hands nervously and expectantly, "Now, please start the court debate, the two of you. Please ask any questions."
Fei Cong put down his pen and said to Lin Pu at the other end of the long table, "I have a few questions. Lin Meiling gave Yang Fuhua an electric shock on the ground, and then Yang Fuhua fell down and slipped into the water. Now Lin Meiling is dead. Now, no one else saw him at the scene, so how could it be judged that it wasn't Shen Tai who threw him into the water afterwards?"
"Furthermore, within half an hour, the victim has the possibility of resuscitation. Can it be judged that Mr. Shen Tai's hesitation hastened the death of the victim?"
Lin Pu said: "The forensic examination clearly states that after being shocked, there will be obvious sunken electric shock spots on the body, but it will not easily appear in the water because of the large area received. Yang Fuhua's feet and arms have burnt and blackened marks. These evidences are enough to prove that he was shocked by high-voltage electricity on the ground, not in the water."
Fei Cong nodded, and Lin Pu continued: "As for whether Yang Fuhua died immediately after being wounded, or whether he drowned after falling into the water without rescue, these have nothing to do with it."
Lin Pu tapped the table with his fingers: "Because when these happened, Shen Tai didn't enter the hot spring area!"
"Why is there no relationship?" Fei Cong said, "If Yang Fuhua didn't die, he was just stunned temporarily after being shocked by the electric shock, and fell into the water. Did Mr. Shen Tai drag the wire over and put it into the water, causing Yang Fuhua another injury? The injury, did it really lead to his death this time?"
"Impossible." Lin Pu said categorically, "You can carefully read the reports of the police and the forensic doctor. After the on-site investigation, due to the instantaneous high voltage release, the wire had already activated the protection device to temporarily cut off the power to prevent leakage. After being inserted into the water, there will be no current passing through it, so it is nonsense to cause another click to Yang Fuhua."
"That's my other question just now. Shen Tai didn't rescue Yang Fuhua in the past half an hour." Fei Cong said, "Can I think that he watched Yang Fuhua die on purpose? Please answer this question from the defense lawyer."
"The defendant made a statement just now, and he didn't completely ignore it." Lin Pu said, "He tried to use gloves and the outer insulation part of the wire to try to confirm the condition of Yang Fuhua himself."
"That's just confirming the situation, not rescue!" Fei Cong pressed on step by step, "And his method of confirming the situation is very unreasonable. This action of dragging the wire over can hardly explain whether he really has ulterior motives."
"No, I don't think so." Lin Pu swallowed a mouthful of saliva, "Let's take a step back and say that not everyone has the common sense of first aid in daily life. The defendant obviously didn't have this, so he didn't implement any measures in the end. He missed the golden rescue time. After that, he also took the initiative to notify the hotel to inform the hospital to come to the emergency, but because he was only wearing a swimsuit and did not have a mobile phone, I think this is completely understandable. Everyone met himself half an hour ago When the friend I was talking to died in front of me in this posture for no reason, he would panic and panic, which is a completely normal reaction."
"But you can't say that a person who doesn't have common sense of first aid is a murderer because he didn't call for help in time!" Lin Pu said.
Fei Cong raised his eyebrows, his serious face was a little distorted, then he lowered his head and couldn't help laughing, and ticked the paper with his thumb.
He drank the water in front of him and continued:
"In the company where the defendant and the victim belonged, the two of them used their positions and the company's financial loopholes to enrich their own pockets. It is also an indisputable fact that they transferred their own property to his wife's name." Fei Cong raised his eyelids. , said, "How to explain these?"
"There is a transaction between the defendant and Yang Fuhua, and the relationship between them is very tense because Yang Fuhua did not abide by the transaction rules. However, considering the defendant's annual income and other factors, 500 million is not a very high number for him. There is no need for him to take this risk for the money, because he himself thinks so, that's why he met Yang Fuhua for dinner this time."
"But it is a fact that the money exists in his account!" Fei Cong repeated.
"It now appears that the property in my wife's name has not been moved, neither engaged in profit-making activities nor borrowed from others, and has not exceeded three months." Lin Pu said, "The money did not cause actual economic impact on the company. Loss. Let’s look back at Yang Fuhua. His money was placed in the account of his mistress Lin Meiling, which was coveted by Lin Meiling and her former acquaintance Pan Xianzheng. After that, Pan Xianzheng kept asking Lin Meiling to transfer the money to him. After Lin Meiling was assassinated and before she died For several days, Pan Xianzheng kept threatening her for money. In these two incidents, it was Yang Fuhua, Lin Meiling and Pan Xianzheng who directly caused economic losses to the company, not Shen Tai."
"Their company also sent people to watch Shen Tai's wife for many days. The other witness can also point out that Shen Tai's family did not conspire with other people to embezzle the company's property. In this matter, he can even be said to be innocent." Lin Pu blinked.
"Lin Meiling is dead." Fei Cong said, "How can we judge that what Shen Tai said is true? A dead person will not be held criminally responsible, let alone speak up."
Lin Pu looked ahead, and said word by word:
"Lin Meiling's death has nothing to do with the criminal facts that have already been constituted. In this case, the masterminds were Pan Xianzheng and Lin Meiling. You can refer to his confession and check his account. In the whole case, whether it is the motive of the murder, the alibi, or the financial issue, Shen Tai is actually not involved."
When Lin Pu said this, he took a breath and closed his eyes. All the sounds in his ears gradually faded away, and then he slowly opened his eyes again.
The scene in front of him is no longer the office of the law firm, nor the long table at that time, the surrounding lawyers of the law firm and Fei Cong who kept asking him questions at the end of the long table.
There was only a quiet and solemn collegial panel with clear black and white in front of him. The presiding judge sat in the courtroom and said in Lin Pu's direction, "Defendant's defense lawyer, what else do you want to say?"
"To sum up, I hope that the collegiate panel will reject all the plaintiff's claims and combine all the facts and evidence..." Lin Pu was wearing a black and red lawyer's robe, his handsome and wise face did not have a hint of a smile on his face, his tone was calm and steady, but it was like a long ice field. Undercurrents, "...give the defendant a reasonable and fair trial."
The author has something to say: I wrote it in a crossed way, so that you don't have to watch the trial again to simplify it.
Volume Six Old Fire and New Life