Wang Zhenhuas case falls into the light judgment public opinion vortex

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 Wang Zhenhuas case falls into the light judgment public opinion vortex


Wang Zhenhua, take a look at the news video screenshot

Voice out of court

Red Star capital Bureau: what do you think of Chen Youxis pleading for Wang Zhenhuas innocence and being accused by the public?

Deng Xueping: I used to work in Jingheng law firm in Shanghai. Chen Youxi is my leader, but my opinion on this case has nothing to do with Chen Youxi, because I left at the end of last year. I believe that everyone has the right to basic defense, which is the procedural justice of the law. The court may not accept the lawyers defense opinions, but shall not allow the lawyer to speak.

Now a large part of the criticism is focused on the statement issued by the lawyer. This involves the boundary and scale of lawyers speech out of court, which is another very complicated ethical problem of lawyer. I personally think lawyers can speak out of court, but it needs to be based on facts, public morality and legal provisions. It is not allowed to violate laws and regulations, disclose state secrets and personal privacy, or damage the legitimate rights and interests of the parties.

There is little possibility of changing judgment in the second instance

Red Star capital Bureau: at present, Wang Zhenhua has made it clear that he wants to appeal. How likely do you think the court of second instance will change its judgment?

Deng Xueping: the final judgment is still to be made by the court. We can only make the expected guess before the result comes out. I dont think its possible to change the judgment in the second instance and maintain the original judgment. Even whether the second instance is open or not is not certain, the court can also conduct a written trial, only requiring the prosecutor and lawyer to submit written opinions. In addition, I saw that time Jun, the lawyer representing the girl, was also applying for protest. I think the possibility of the procuratorate supporting the protest is very low, because the facts, charges and final sentence charged by the procuratorate have been adopted by the court, and it is not legitimate to protest again.

Swaijiang: I dont think its possible to change the judgment of the second instance, because the procuratorate will not protest, and the court has adopted the opinions of the procuratorate when making the judgment. The second trial estimate is to hold a written trial without a court session to maintain the original judgment.

5 years or not

The dispute is whether Wang Zhenhua has a bad plot

Deng Xueping: the court should decide that the two are joint crimes. Although Zhou Yanfen didnt commit the crime directly, the little girl was introduced by her, so the court may think that she played a great role. That is to say, without Zhou Yanfen, there would be no obscenity of Wang Zhenhua. In the absence of bad circumstances, Wang Zhenhuas five-year imprisonment is also the top sentence. If Wang Zhenhuas circumstances are found to be bad, the maximum sentence is 15 years. At present, there is no clear judicial interpretation of bad circumstances, but this does not mean that the court can not interpret and determine.

Swaijiang: as for Wang Zhenhuas five-year sentence, it mainly depends on whether there is a bad plot in this case, that is, whether the girls injury is a bad plot, if so, it should be sentenced to more than five years, but the procuratorate and the court think it is not, so the maximum sentence can only be five years. So the controversy is here. Today, I see the analysis of Professor Li Xiang of East China University of political science and law that other bad circumstances in the crime of child molestation should include but not limited to object (under 12 years of age, etc), consequences (causing minor injury to the victim, etc.), means (using forced means such as violence, coercion, anesthesia, etc.). When the perpetrator uses the above means to commit a crime, it should be understood as other evils Bad circumstances . I think Professor Li Xiangs point of view is reasonable. In this case, the court really gave a light sentence.

Cases of indecency and rape

Often faced with a shortage of evidence

Red Star capital Bureau: Chen Youxis lawyers have rejected the judgment basis given by the court. From the existing public information, do you think the core facts of Wang Zhenhuas crime are tenable?

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u6056789,container:ssp_ 6056789, async:true }There is a conceptual distinction between objective facts and legal facts in law. The so-called objective facts are what a person actually does, which only he knows if no one else is present at that time. Legal fact is the fact that can be proved by the collected evidence. In judicial proceedings, a judgment can only be made according to the legal fact. However, the evidence is sometimes difficult to collect, and the judicial handling of cases often faces a shortage of evidence, especially in cases such as indecency and rape. It is difficult to have witnesses, or even direct objective evidence. But there is no way. How to determine this case finally must be based on the evidence on the record. This is a basic principle of the rule of law. Of course, the final legal facts shall be determined by the effective judgment of the court. Lawyers opinions are only a reference for the court, and ultimately the court has the final say. Red Star capital Bureau: Wang Zhenhua only admitted to cuddling the little girl in the court, but did not admit to causing any harm to the little girl. So where is the boundary for determining indecency? Deng Xueping: the courts decision should be based on the evidence of the whole case, not on the population of the defendant. From the public information, the little girl slightly injured the second level. If it was caused by Wang Zhenhua, it means that Wang Zhenhua contacted the girl and hurt her. If Wang Zhenhua says its just cuddling, it depends on where the cuddling is. Lawyer Wang Zhenhua: he never looks for a girl under 16 when he goes whoring. This is the bottom line. Is Wang Zhenhua obscene or raped? Legal experts interpret the three main focuses of the case of Wang Zhenhua: the possibility of maintaining the original judgment_ NBJ11145

Deng Xueping: there is a conceptual distinction in law, which is called objective fact and legal fact. The so-called objective facts are what a person actually does, which only he knows if no one else is present at that time. Legal fact is the fact that can be proved by the collected evidence. In judicial proceedings, a judgment can only be made according to the legal fact. However, the evidence is sometimes difficult to collect, and the judicial handling of cases often faces a shortage of evidence, especially in cases such as indecency and rape. It is difficult to have witnesses, or even direct objective evidence. But there is no way. How to determine this case finally must be based on the evidence on the record. This is a basic principle of the rule of law. Of course, the final legal facts shall be determined by the effective judgment of the court. Lawyers opinions are only a reference for the court, and ultimately the court has the final say.

Red Star capital Bureau: Wang Zhenhua only admitted to cuddling the little girl in the court, but did not admit to causing any harm to the little girl. So where is the boundary for determining indecency?

Deng Xueping: the courts decision should be based on the evidence of the whole case, not on the population of the defendant. From the public information, the little girl slightly injured the second level. If it was caused by Wang Zhenhua, it means that Wang Zhenhua contacted the girl and hurt her. If Wang Zhenhua says its just cuddling, it depends on where the cuddling is.