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Chapter 374 Shocked the old iron, what kind of performance is this?
Standing in the defender's seat, Zhang Wei looked at the presiding judge and judges on the platform with burning eyes, with a calm smile on his face.

For this case, he still has a lot of confidence.

Mainly because he found a good breakthrough.

The main angle or strategy of routine practice defense is nothing more than voluntary admission of guilt and acceptance of punishment, subjective malice is not strong, and no serious social impact has been caused.

These are almost universal mitigation defense strategies.

This applies to most cases, as long as the defendant is not hopelessly stupid.

But having said that, although these defense strategies are generally useless, the effect is always a bit unsatisfactory.

Zhang Wei naturally understood these reasons.

Therefore, from the first moment he received the case, he did not satisfy those conventional commutation defense strategies, but focused on finding new and more powerful commutation circumstances.

In the end, he really found it, and it also has the miraculous effect of almost pulling the bottom out of the pot.

This strategy has double insurance.

The first and most important one is to deny that there is a legal causal relationship between the traffic accident and the two defendants' acts of picking quarrels and provoking trouble.

As long as this causal relationship is refuted, the guilt of Zhou Hongtao and the others will be greatly reduced.

Their benchmark sentence will be directly reduced from five years to less than ten years to less than five years.

In this way, Zhang Wei is sure to reduce Zhou Hongtao's sentence to three years. As for Zhou Yunan, his sentence is properly suspended.

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 has a lot of confidence.

Even if this fails, there is a second layer of insurance.

Whether a small traffic accident can be regarded as "seriously disrupting social order".

This will also greatly affect sentencing.

When the first insurance works, the second insurance is useless, but once the first insurance fails, the second insurance can come into play.

While less effective in terms of reduced sentences, it was also stronger than those passed defense strategies.

Double insurance, two-pronged approach.

How can there be any reason for failure?
Zhang Wei is confident and calm.

Chen Zhonghan and the two judges on the left and right exchanged opinions in a low voice, then looked at the public prosecutor's seat, and said, "Does the public prosecutor have anything to say?"

Shen Tianci stood up slowly.

Although Zhang Wei's defense angle made him somewhat unexpected, as an experienced prosecutor with strong professional ability, Shen Tianci quickly sorted out the clues and found an angle to refute.

"I do not agree with defense counsel that causation does not exist."

Shen Tianci expressed his intention clearly, and continued:
"Although the traffic police brigade determined that the BMW driver Li was fully responsible for the traffic accident, this does not mean that the traffic accident has nothing to do with other people, because when the traffic police brigade divides responsibilities, more attention is paid to the driving of both parties. member."

"BMW driver Li received his driver's license less than half a year ago, and is still in the internship period. He is a novice driver. When encountering an emergency, we should not be too harsh on novice drivers to make completely correct choices. It’s unrealistic and unreasonable.”

"Originally, Li's vehicle was driving on a flat and empty street in a normal posture. If there were no external factors interfering, then she would basically not make major mistakes, and it would be even more impossible for her to deviate from the normal driving direction and rear-end a vehicle parked on the side of the road."

"And this external factor is that bottle of mineral water."

Shen Tianci looked around and continued: "Then can we think that if there is no mineral water suddenly rolling on the road, Li will not make mistakes in operation, and there will be no traffic accidents?"

"Although the defendant did not throw out the mineral water, the person who threw the mineral water, Ma San'er, was called by the defendant, so what he did and the consequences he caused are naturally inseparable from the defendant."

"For example, Zhang San called Li Si and Wang Wu to come to a Sha County snack to provoke trouble, but Li Si was so violent that he rushed up and smashed the store without saying a word. Can you say that this matter has nothing to do with Zhang San? Is it? When convicting and sentencing Zhang San, can you ignore this consequence casually?"

Zhang Wei frowned, stood up and retorted: "I object! The public prosecutor gave an inappropriate example, and I suspect that I have secretly changed the concept!"

"Among the examples given by the public prosecutor, what Li Si did can be classified as picking quarrels and provoking troubles, but in this case, Ma San'er threw a bottle of water at another person. Not directly related."

"It's just a natural behavior that people do when they're thirsty."

"..."

The following court debate opened Jiang Bai's eyes.

It's not how meticulous the logic is, how sharp the words are, and how tricky the angle is.

But...

It completely overturned Jiang Bai's understanding of court debate.

Shen Tianci and Zhang Wei, one is the director of the Public Prosecution Division of the Procuratorate, an experienced veteran prosecutor, and the other is a senior partner of Quan Jing Law Firm, one of the four major law firms in Longcheng, and a barrister with many years of practice.

But their debate... how should I put it, it was not much better than a quarrel in the market.

All with a bit of strong words.

And a little "nonsense".

Jiang Bai felt that some words were untenable.

But from a legal point of view, there is no problem.

It's not the fault of Shen Tianci and Zhang Wei, it's because the circumstances of this case are really special.

In itself, the crime of picking quarrels and provoking trouble is what is often referred to in the industry as a "pocket crime", with unclear boundaries and difficult to distinguish. Then, the case itself has many ambiguities and ambiguities.

To put it simply, the public says that the public is right, and the mother-in-law says that the woman is right.

The key is that they can still justify themselves within the scope of the law and make sense.

For example, is there any causal relationship between the occurrence of this traffic accident and the person who threw the mineral water, and if so, is there any causal relationship with the defendant in this case.

All in all, all in all.

There are too many things that can be discussed in this case.

So much so that the court debate between Shen Tianci and Zhang Wei was like a quarrel in the market.

In fact, what Jiang Bai didn't know was that this kind of debate was common in the trial court.

Many people think that litigation is just like in Hong Kong movies, where the lawyers of both sides slam Fang Qiu's words and argue vigorously, but it is not the case.

Most of the court debates are quite "market".

It even happened that the lawyers of both sides became impatient to argue and then started a real person PK...

It's just that Jiang Bai's previous lawsuits that he participated in and listened to were relatively simple and the facts of the case were relatively clear.

Not to mention Luo Dazhuang, a big name in the industry, and then Zhang Wei, Chen Mengzhe, Du Yansen, etc. are also first-class powerful lawyers.

Either it will be a peak duel between the top lawmakers, or it will be a one-sided crushing game.

Rarely does a situation like this one arise.

Sitting behind Shen Tianci, Jiang Bai yawned boredly.

Finally, when he was about to fall asleep, there was a "boom", and this intense court debate was finally over.

In fact, by this time, both parties have already finished talking.

The rest is nothing more than Che Zhulu's back and forth emphasis.

Seeing this situation, Chen Zhonghan naturally sounded the gavel and ended the court debate.

"Prosecutor, do you have any new evidence to submit?"

"No."

"Are there any new claims to be made?"

"……No."

"Okay, defender, you..."

After Chen Zhonghan inquired, he picked up the gavel again.

"Boom-"

"Given that neither the prosecutor nor the defense has evidence to present, this court inquiry is concluded."

"Defendants, you can make final statements."

The voice fell...

The two defendants did not take any action.

Sitting stupidly on a chair.

After Zhang Wei reminded, Zhou Yunan suddenly realized that it was time to speak by herself, so she quickly stood up, holding the statement that Zhang Wei had prepared for her in advance, and began to make a statement.

"I have confessed to the crimes I committed, and this month..."

While Zhou Yunan was making a statement, Zhou Hongtao asked Zhang Wei in a low voice: "Lawyer Zhang, how is the situation? I see that you had such a heated argument, did you win or lose?"

Zhang Wei glanced at him sideways, but didn't speak.

Judging from the debate, he should have a better chance of winning.

Even if this causal relationship cannot be completely refuted, at least the influencing factors can be minimized.

In short, it must be of great help to reduce the sentence.

But Zhou Hongtao was not clear about these situations, so he kept asking.

Although the voice was low, it still attracted dissatisfied eyes from the judge.

Zhang Wei had no choice but to tilt his head slightly, raised his hand to cover his mouth, and said in a low voice: "The situation is more optimistic, like your sister, may win a sentence of one and two or two and three, as for you, there is hope for three." Between one and four years."

After finishing talking, do it again, and don't move around anymore.

Zhou Yunan was still making statements, admitting mistakes, and apologizing.

And Zhou Hongtao sat on the chair with his head lowered, his eyes flickering constantly, and his face was cloudy and uncertain.

His sentence can be reduced from five years to three or four years. This result is undoubtedly very good, and the reduction is quite large.

Logically speaking, Zhou Hongtao should be quite satisfied.

But... Zhou Yunan doesn't have to go to jail!

This is out of balance.

Fog grass!

Why, it was clearly a crime committed by two people, why should I go in and squat for three or four years, and then completely derail from society when I come out, and lose all hope for the rest of my life, but she doesn't even have to do 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.

Clenching his fists tightly, his breathing gradually increased, and his back molars were almost crushed.

Not long after, Zhou Yunan's presentation ended.

Zhou Hongtao still hangs his head down, sulking to himself.

"Mr. Zhou, Mr. Zhou, it's your final statement!"

Zhang Wei reminded in a low voice.

Only then did Zhou Hongtao come back to his senses, stood up slowly, looked at Zhou Yunan next to him with a gloomy expression, narrowed his eyes slightly, and gritted his teeth, as if he had made a certain decision.

Taking a deep breath, he looked at Chen Zhonghan and said, "Your Honor, I have a new situation to respond to!"

Ok?
Zhang Wei was stunned for a moment.

What's the situation, the script doesn't seem to be arranged like this.

Zhang Wei's eyelids twitched, and an ominous premonition filled his heart. He quickly gritted his teeth at Zhou Hongtao and said, "Don't act recklessly! Just follow the statement I prepared for you and it's over. Brother, don't act recklessly!"

Zhou Hongtao just glanced at him indifferently, then turned his eyes to Fatai again.

Chen Zhonghan looked at him quite unexpectedly, nodded and said: "Okay, if you have any new situation, let's take a look."

Zhou Hongtao said: "First, our original intention to go to Jiang Bai was not to seek justice for our father, but to extort money. This is the result of our discussion with my sister Zhou Yunan."

"We thought that if people are gone, we can always ask for some money back, but we didn't expect Jiang Bai's attitude to be so tough, and he lost the case in court."

"The two of us were so angry that we called some relatives and friends to find Jiang Bai and force him to pay."

Zhou Yunan was stunned.

With a face full of ghosts, he stared at Zhou Hongtao blankly, and shouted at the top of his voice: "No, what are you talking about? When did I discuss this with you?"

Zhou Hongtao ignored it and continued: "Secondly, in addition to blocking and yelling at the entrance of the community, we also revealed a lot of Jiang Bai's personal information to passers-by, including name, specific house number, phone number, etc."

"I remember that publishing other people's information at will is also illegal and criminal, right?"

"But you don't seem to pay attention to this point. I surrender myself. I am guilty."

Zhou Hongtao was quite emotional, his face flushed red.

Being unbalanced is a terrible thing.

Some people can overcome and see through.

But some people can't.

It's like a stalk that people often play on the Internet:
"My own failure is terrible, but the success of my friends is even more terrifying."

"I am afraid that my brother will suffer, and I am afraid that my brother will drive Luhu."

"As a brother, you can share joys and sorrows, but you can't cry together."

"..."

Although most people are playing tricks, it also reflects the real 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 while Zhou Yunan was sentenced to probation.

"Third! We also contacted a lot of Internet celebrities at the time, preparing to expose this matter, leading silly netizens to violently attack Jiang Bai, killing him, and forcing him to pay back the money."

"..."

Hearing Zhou Hongtao blew himself up one after another, everyone in the trial court was stunned.

Jiang Bai also opened his mouth slightly, looking at Zhou Hongtao in surprise.

Shocked Lao Tie, what kind of show is this?
Even Chen Zhonghan had a look of astonishment, and he could vaguely see the corners of his mouth twitching.

Obviously also extremely speechless.

"...I can take full responsibility for what I said. These things were planned and implemented by my sister Zhou Yunan and me."

"We are sinful, we are bad, and we are unrepentant..."

"Please, Your Honor, give us a heavier sentence!"

As soon as these words came out, the trial court fell into a deathly silence.

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(End of this chapter)