As a Lawyer, You Sent the Judge In?
Chapter 131: Tell me directly, I suspect you of committing perjury!
Chapter 131 said it directly, I suspect you of perjury!
Dong dong dong!
At the trial bench, Wang Jianjun listened to Su Bai’s statement.
Looking down at the court trial materials and evidence.
Then, he looked at the accused’s seat and said:
“Does the litigation attorney of the accused party have anything to say about the issues raised by the litigants...?”
Put the pressure directly on Yan Shang.
After Yan Xiang took a deep breath, he understood that he could not continue to talk about this topic or let the other party go deeper.
So he changed the topic directly and led the topic to other places.
“Presiding Judge.”
“I do not agree with the litigant’s point of view…”
“State your point of view.”
Wang Jianjun directly asked Yan to make a statement.
After Yan Shangshang sorted out the information on his side, he then spoke:
“Based on the statement of the litigant’s attorney.”
“The litigant’s lawyers are completely diverting the focus of Lin Haoxue’s sentencing.”
"First:"
“Based on the original evidence...it has been pointed out that all criminal suspects are on Lin Haoxue.
It was not stated by the litigant, but because Lin Haoxue discovered the victim's body, he was accused of being a criminal suspect. "
“But after a long period of screening and screening of many criminal suspects, it was determined that Lin Haoxue was the biggest criminal suspect at the time, thus confirming that he was a criminal suspect.”
Yan explained this point to Shang Shang.
Directly denied Su Bai’s accusation.
What Su Bai means is that because Lin Haoxue discovered the female corpse, law enforcement identified him as a suspect, charged him, and handed him over to the prosecutor.
This matter, regardless of whether the original situation was like this or not.
But this is definitely not allowed.
Otherwise, it is easy to give the impression of breaking the rules and making arbitrary accusations.
At that time it will definitely be a more troublesome thing.
So it must be refuted.
After explaining this point, Yan Xiang went on to answer other targeted questions raised by Su Bai.
continue:
“We also disagree with the fact that we did not have strong criminal evidence of Lin Haoxue but handed it over to the prosecutor as raised by the litigant.”
"First:"
“Under the circumstances at the time, all evidence and suspicion have shown that this crime was committed by Lin Haoxue.”
“And there is Lin Haoxue’s confession.”
“The facts of Lin Haoxue’s crime have been confirmed by our side after repeated investigations and evidence searches.
It is our responsibility to hand it over to the prosecution.
As for confirming the evidence, it is the responsibility of the prosecutor. If the verdict is made, it is the responsibility of the court and has nothing to do with us. "
“The litigant accuses us of negligent conduct, which we believe is unreasonable.”
“Furthermore, according to the relevant provisions of the law, only through the court’s judgment can the existence or non-existence of criminal facts be determined.”
“The court has not made a ruling yet. The litigant said that our policy was negligent in responding to Lin Haoxue’s accusation. Are you directly challenging the legal definition?”
“Why do you believe that Lin Haoxue is no longer a criminal? The court has not passed the judgment yet.”
“As for the litigant’s claim that we did not have strong evidence at the beginning, the presiding judge, we believe that the litigant used one-sided information to induce the direction of the trial.”
“What the litigant said does not have strong evidence and is completely nonsense.”
“The fact that Lin Manhao was convicted of the crime at that time was that the victim’s fingernails contained Lin Manhao’s DNA.”
“Isn’t this strong evidence...?!”
Yan Xiangshang directly passed the problem to other parties in order not to take the blame.
And also asked Su Bai two questions.
Su Bai’s eyes fell on Yan Xiang.
interesting.…
No wonder I can sit across from you today... just based on these few rhetorical questions.
Maybe some ordinary lawyers can’t handle it.
If you follow the other person’s ideas.
indeed.
If such a judgment can be made, then the public security organs, prosecutors and the law all have certain responsibilities.
After all, all three parties are related.
Of course.
Su Bai was not sure whether Yan Xiang said this on purpose.
The high probability should be...ask him not to ask only one party?
Look at other places?
Su Bai was not sure if there was any other meaning in these words.
It’s just that… these words are not very friendly to the members of the collegial panel at the trial seat.
If you plead, just plea. Why bring in other parties? Want to clear up the responsibility relationship?
Wang Jianjun:? ? ?
I don’t care if it has other meanings.
Do you think you can influence my decision in this way?
I will judge whatever I want according to the legal facts!
If you lost the defense at the trial, is there any problem with the verdict that you lose?
How else could the High Court let me, the vice-president, decide this case?
Wang Jianjun felt a little unhappy after hearing Yan Xiang's plea.
However, this did not affect the subjective judgment of the trial too much.
Just one sentence, how to judge how to judge! .
….…
However...faced with Yan Xiang's questioning.
Su Bai was silently happy.
It's you who started this topic yourself...
I originally wanted to stay behind and talk, but since you said so, I have no choice but to follow your wishes.
yes!
There is indeed Lin Manhao’s DNA in the fingernails of the victim woman. If so, it is indeed strong evidence.
But you can accuse a person of a crime using only one piece of evidence? !
Why? !
What is the definition of law? !
Can DNA verification alone be used to determine a person’s crime?
You have no idea where this DNA came from?
After the trial progresses to this stage, the defense and progress of the two parties are entirely based on the evidence and whether the evidence complies with the process rules.
咚咚!
“Invite the litigant to make a statement.”
“A good judge.”
Su Bai said: "Excuse me, the accused, you said that you interviewed many people and identified many suspects. Is there any evidence to prove it?"
“Furthermore, we did not conduct a one-sided trial. The strong evidence mentioned by the prosecution refers to the DNA test report.”
“For general cases, the DNA identification report is indeed a strong evidence.”
“But according to the Criminal Procedure Law, Article 50 stipulates the meaning of evidence and the legal categories.”
“Which states:”
“Materials that can be used to prove the facts of a case are all evidence, including physical evidence, documentary evidence, witness testimony, victim statements, criminal suspects and defendants’ confessions and defenses, appraisal opinions, inquests, inspections, identifications, investigative experiments, etc. Transcripts, as well as audio-visual materials and electronic data, etc.”
“DNA testing is evidence, but according to Article 50 of the Criminal Procedure Law, there are clear regulations on the scope of application of evidence.”
“The evidence must be verified to be true before it can be used as the basis for finalizing the case. The result of the appraisal is not the final conclusion. It still needs to be reviewed and judged by the relevant departments through the judicial organs in conjunction with the entire case and other evidence. Only after it is verified to be true can it be used as the basis for finalizing the case.”
“However, in this case, during the review stage, the fact was not directly determined by combining other evidence, and the basis for Lin Haoxue’s crime was determined directly through the DNA test report, which is obviously not in compliance with the law. "
"at the same time."
“According to the statement of our client Lin Haoxue, he had already stated and explained the source of the blood marks on his body at that time.”
“The criminal suspect’s statement is a key source of evidence.”
“When evidence conflicts, according to the provisions of the law, the authenticity should be verified. In other words, the source of the blood marks on Lin Haoxue’s body needs to be verified to confirm that the DNA identification report is correct.”
“One piece of DNA evidence alone does not represent strong evidence.”
“Similarly, if only one DNA evidence is produced without verifying the suspect’s statement, which is a violation of procedures, how can one determine that the DNA report is accurate?”
“In other words, we question the legitimacy of the source of the DNA report!”
.
….
Now, we are beginning to directly question the authenticity of the evidence.
Su Bai explains from the legally defined types of evidence to the interpretation and application of the guidance of the Supreme People's Procuratorate.
Recombine the cases.
The last sentence formed a killing sentence.
How can we identify a criminal suspect based solely on a DNA report without considering the entire case?
In any case, it can only be said that DNA is used as the main evidence, not the only evidence.
Since the criminal suspect has put forward his own explanation, it needs to be verified. Only after verification can the next step of trial and judgment be carried out.
It’s okay if the criminal suspect can’t provide any other evidence or explanation.
Have explanations and refutations.
criminal suspects have begun to question the origin of your DNA.
If you still talk about DNA, then I will question the authenticity of the source of your DNA report!
Su Bai originally planned to mention this point later.
But he didn’t expect Yan Xiang to mention it directly, so he was not polite and went on with it.
In fact.
From dossiers and evidence. Su Bai has always had doubts about this DNA identification.
You have done the DNA test, and you have confirmed Lin Haoxue’s criminal facts.
Do you still care about spending so much time to verify the source of the blood stains that Lin Manhao said?
Absolutely not under normal circumstances!
To know.
Failure to verify the relevant important testimony provided by the criminal suspect, which is already a major violation in terms of process.
If the lawyer raises the issue in court, the court will basically determine that there is insufficient evidence for the accusation and the prosecutor will lose the case.
The main evidence is available.
You are still working so hard and insist on illegal judgment?
Among them, if there is no problem, who would believe it?
This is mutual supervision among the three parties!
Such a big process loophole, don’t you know?
It’s impossible not to know.…
It is impossible not to know that... such a problem has arisen again.
Tsk tsk tsk.…
What is this if it's not an unjust, false or wrongly decided case? !
.
….…
After Su Bai asked the question, Yan shook his head and broke into a cold sweat.
This question... is indeed a difficult one.
.
….…
at the same time.
Outside the court hearing, in Luo Daxiang’s live broadcast room, many enthusiastic friends left messages and comments.
“Good guy, I call you good guy, isn’t this the most exciting part yet?”
"Hahaha!"
“This question is absolutely perfect. It directly questions the source of the evidence. If this is not handled well, I think the career of the accused lawyer will be over.”
“Based on Lawyer Su’s question, I think there is indeed a certain problem with this. Otherwise, Lawyer Su would not have asked it directly.”
“But I think this time the accused lawyer got himself involved. If he didn’t bring up some DNA, Lawyer Su might not question this point.”
“But if I raise it now and the other party doesn’t answer well, my career will be over in terms of legal fees.”
"Indeed... When I first heard the question raised by the accused lawyer, I was still wondering if Lawyer Su had overturned this time. Now it seems that I was ignorant. It turns out that Lawyer Su was Waiting for this to come out!”
"Hahaha!"
“I thought so too at first, but then I thought about it, how could Lawyer Su overturn because of this!”
“Lawyer Su: Damn it, the lawyer opposite is giving you a big gift!”
"Hahaha…."
“Teacher Luo, what do you think of this trial? Is there anything wrong with it?”
“Yes, yes, Teacher Luo, what do you think?”
“.….…”
Facing the fans' inquiries, Luo Daxiang smiled and said: "At present, the litigant has a certain advantage, but the details still need to be further confirmed through court trials."
Luo Daxiang's words were a little vague, but in his heart he had already determined that there were certain problems with this case.
But he is live broadcasting...
The trial has not ended yet, so we certainly cannot directly say that this case is a wrong one.
at the same time.
Jiangdu, in a certain community.
After hearing Su Bai’s question, Hu Yulong was stunned for a moment.
Watching the live broadcast of the trial.
No...is this question so pointed?
What happened to Yan Xiang?
The lawsuit ended like this!
The question was quite good at first, but later on the other party became the guest.
What's going on?
Hu Yulong rubbed his brows with an irritated look and stared closely at the live broadcast of the trial.
There must be no problems in this case!
Otherwise.…
Hu Yulong could not help but shudder when he thought of the consequences...
But he can do nothing now and can only place his hope on Yan Shang.
I hope I can refute it.
Hu Yulong looked nervous and said nothing more.
at the same time.
Kong Jiantu, who was sitting at the prosecutor's seat, couldn't help but feel secretly happy when faced with Su Bai's aggressive statement.
so far so good.…
Fortunately, he was not involved in this matter.
Otherwise, his identity as a prosecutor will be lost after this trial is over.
Not only will it be lost, but it may also cause other unexpected things…
…
The top criminal lawyers in the country are indeed great!
Kong Jiantu thought silently in his heart, and also hinted that he must be cautious in his words and actions in the future.
Speak less if you can, but don’t say anything if you can’t.
…..
….…
At the court hearing.
Yan Xiangshang had already adjusted his emotions and raised his head slightly to look at the court hearing platform.
Li Xuezhen looked at Yan Xiang with excitement.
When he noticed that eyes were falling on him, Yan looked at Li Xuezhen subconsciously.
? ? ?
What is this for?
.
….….
The court hearing desk.
At the presiding judge’s seat, Wang Jianjun listened to Su Bai’s statement.
Frowning slightly, he looked at the other two judges.
Zhou Yun and Zhu Chaoyang nodded slightly. Wang Jianjun banged the gavel and spoke:
“Now let’s summarize the points of dispute between the litigant and the accused.”
“The litigant believes that the accused handed over the case to the prosecutor without substantive evidence, which did not comply with the process and made certain mistakes. It also determined that there were certain errors in its evidence.”
“The prosecution believes that there is no mistake. The key point of no mistake is that DNA identification is the main evidence, and there are problems in rebutting the first-instance judgment through DNA identification.”
“Does the prosecutor have anything to say?”
Kong Jiantu: It’s too late for me to hide, so what are you talking about? Did not say.
Kong Jiantu knew in his heart that nothing would happen to him in this court hearing.
If you talk too much, other things will happen.
So shut up or shut up.
“President, we have nothing to say.”
咚咚!
"Um!"
Wang Jianjun banged the gavel at the presiding judge's seat.
“The dispute between the two parties is whether the DNA test can constitute factual evidence to convict Lin Haoxue. Do the litigants and the accused have any objections to this point?”
Su Bai: "We have no objection."
Yan Xiangshang: “We have no objection.”
“Well, neither party has any objection to this point, so let’s plead on this point.”
“Does the litigant have anything to raise?”
Su Bai said: "We question the authenticity of the DNA report submitted by the defendant."
“We request the other party to confirm the complete process and accuracy of the DNA identification report to verify whether the DNA process violates regulations...whether it is perjury!”
Dong dong dong!
"application passed!"
“Now please provide the accused party with the accuracy of the true DNA report and the complete process.”
"OK."
Yan nodded upward and spoke, then handed the prepared materials to the staff around him.
After the presiding judge Wang Jianjun read it, he immediately handed it over to Su Bai.
Su Bai just browsed it briefly and asked another question: "I would like to ask the defendant's attorney, how can you confirm that this DNA report is not a forgery?"
“What do you mean? The authenticity of this DNA report has been verified by relevant agencies. There will be no problems. If you think there are any problems, you can conduct the verification again.”
Faced with Yan Xiang’s explanation.
Su Bai stared closely at Yan Xiang's face.
You know how to pretend not to know, right?
You are pretending not to understand on purpose, right?…
Is this what I’m asking?
What I’m asking is, how do you know for sure whether your DNA report is a falsified process?
Be more specific.
Is this DNA report a frame-up? Don't pretend you don't understand!
ps:Please give me a monthly ticket~
Thanks for the reward, sorry. I originally wanted to do more today, but something suddenly happened...
(End of this chapter)
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