As a Lawyer, You Sent the Judge In?

Chapter 206 The court trial reappears, a classic scene!

 In cases of general infringement.

 Most of the cases used are confession cases.

 So in this case, Chen Le does not think that Zhang Tongwei is not criminally responsible.

also.

Chen Le doesn’t think Xiao Lili will cheat him.

 So, facing Su Bai’s reminder, Chen Le didn’t take it to heart and continued to speak:

“Although I am an assisting lawyer in this case, I can represent the client.”

Su Bai smiled and said nothing.

At the presiding judge's seat, Li Yongchun glanced at Chen Le and wanted to speak.

 But then he shook his head and said nothing.

 Bang the gavel.

 Li Yongchun began to summarize the pleas of both parties.

Most of the general assault cases are confession cases, and the judgment is based on the victim's confession plus some supporting evidence.

 But this case is indeed somewhat special.

 After all, according to Su Bai’s question.

How can a prospective mother-in-law ask her prospective son-in-law with a voice recorder?

 This situation is obviously not normal.

 Having said that, although this situation is not normal, court decisions focus on defense, evidence, and facts.

If the defendant cannot produce strong evidence and rebuttal arguments, then Zhang Tongwei is still guilty in this case.

 Clear your thoughts.

Li Yongchun asked the defendant:

“Defendant, the prosecution has explained the relevant issues, now please make your statement.”

"OK."

Su Bai nodded and began to make a statement.

"Presiding judge, I would like to ask our client to describe the details of the case and the specific circumstances when it occurred. Whether it violated Xiao Lili's subjective wishes."

“Defendant Zhang Tongwei, please describe it.”

 “Okay, presiding judge.”

 Zhang Tongwei took a deep breath and looked at Su Bai: "Where to start describing?"

 “Start describing it from the time you were with Xiao Lili that night.”

"OK.."

"The situation that day was like this. I had reconciled with Xiao Lili not long after the quarrel."

"Xiao Lili proposed at that time that she wanted to go to my house, because the relationship between Xiao Lili and I had already reached the state of engagement."

“After I brought him to my house, I knew what was going to happen. We usually have a tacit understanding.”

"Oh, right!"

“We were chatting via private chat at the time, and during the process, we also sent several suggestive emoticons.”

.

 ….

“After dinner in the evening, Xiao Lili urged me to take a shower and said some very ambiguous words.”

"What are these ambiguous words? Please specify." Su Bai made a supplementary reminder.

“The general meaning is that she urged me to take a shower, she went to change clothes and then waited for me with a particularly ambiguous expression, which had a very obvious hint.”

“What specific hints does this kind of hint refer to, such as body language or expression? Have you misunderstood the other party’s hints to you?”

"There will be no misunderstanding, because the other party made a very tendentious action at that time, which is what we would do before we had a relationship."

 “Okay, please continue.”

Zhang Tongwei continued to state: "Then I went to take a shower. About ten minutes later, the two of us lay on the bed. It was fine at first, but for some reason, she suddenly said no."

“Because we have had similar experiences before, it’s just a sentiment, so I’ll continue.”

 “She said again, I didn’t listen, and then we had **** half-heartedly.”

“During this process, did you engage in any violence?”

"No."

"I mean, not just behavioral violence, but also verbal threats and mental cold violence. Are there any such situations?"

 “This one doesn’t exist either.”

"You mean that during the incident between you, Xiao Lili refused verbally, but in fact, she didn't do any other acts of resistance, right?"

“Yes, because we have been together before, and she knows my character, but if there is any behavioral rejection, I will lose interest.”

“Under the circumstances at that time, what kind of rejection was Xiao Lili’s verbal rejection? Can you please elaborate on it in detail? Is it a very serious attitude or an attitude expressed in other ways?”

"It wasn't a very serious attitude at the time... She just shook her head and said no. In my opinion, she didn't mean much rejection."

 “Then when she said this, did she resist fiercely?”

"No."

 “Okay, thank you for your cooperation.”

Su Bai smiled and nodded.

Then he looked at the presiding judge’s seat: “Presiding judge, I would like to ask the prosecutor to disclose the audio recording evidence of Dong Zhu’s questioning of Zhang Tongwei.”

"application passed."

“The prosecution released the evidence.”

"OK."

Zhou Ran took out the evidence and used a loudspeaker to amplify the sound. The voices of Zhang Tongwei and Dong Zhu came out of the recording pen.

 During the recording, Dong Zhu asked first.

“Tongwei, I heard from Lili that you had some unpleasantness with her yesterday. What’s wrong with you?”

 Be silent for a few seconds.

 Zhang Tongwei sounded surprised.

 “Lili told you that she and I had an unpleasant incident?”

"No, I was fine when I was with Lili yesterday. Is she unhappy? Auntie, tell me why Lili was angry, and I will definitely change it." "There is nothing else."

"I heard from Lili that you always force her to do things she doesn't want to do, especially in the private lives of the two of you."

 Zhang Tongwei was silent.

Dong Zhu was silent.

The recorder stopped making sound, and after more than ten seconds, the sound slowly came out.

"I'm not talking about you. I shouldn't have interfered with this kind of thing originally, but it will affect your lives after all. You and auntie have a good talk. Have you ever done what Xiaoli said?"

 Zhang Tongwei: “I didn’t.”

“Then why did Xiaoli say that?”

 “Is this really happening?”

 “She did say it. But but...”

 Dong Zhu: "."

The content of the recording is roughly the same, and the remaining part is Dong Zhu’s blame and Zhang Tongwei’s apology.

 Finished playing.

Su Bai continued: "I would like to ask the accuser and the parties concerned, do you have any other objections to the above content?"

“In other words, does Zhang Tongwei have any fictitious parts?”

Xiao Lili was silent.

Su Bai looked at Xiao Lili and asked, "Did our client threaten you or physically beat you?"

Xiao Lili continued to be silent.

Facing Xiao Lili’s silence, Su Bai continued to look at Dong Zhu, the client at the accuser’s seat.

“I would like to ask Dong Zhu, the client, why did you ask our client like that in the recording pen?”

“What is the purpose of asking our client?”

Dong Zhu was silent.

“During the entire recording process, did you proactively explain the existence of the recording pen to our client, Zhang Tongwei?”

Dong Zhu continued to be silent.

Su Bai raised his head and looked at the court seat: "Presiding Judge"

“The presiding judge, in accordance with the evidence provisions in the Criminal Procedure Law.”

“The recording pen can be accepted as evidence by the court, but if it involves the privacy of the parties involved, the court should not accept it.”

“This voice recorder has touched upon our privacy. We believe this is illegal evidence and ask the court to accept it.”

  “And in accordance with the provisions of the Criminal Code.”

“In this case, Zhang Tongwei did not use violence or threats to have a relationship, that is, we applied to withdraw the prosecutor’s accusation against Zhang Tongwei.”

.

 ….

“But did Zhang Tongwei go against Xiao Lili’s wishes?”

 Chen Le suddenly asked a question at this time.

Su Bai:.

 This question is asked.

“A violation case is a confession case, but it does not mean that it depends entirely on the confession, but on the behavior.”

“We believe that there was no behavior against Xiao Lili’s will.”

  Chen Le: “???”

 No violation?

"I don't agree with the defendant's point of view. When Xiao Lili said she didn't want it, Zhang Tongwei should immediately stop the criminal infringement. If it continues, it will be a criminal act."

"Xiao Lili said she didn't want it, so her subjective will was not to allow it. Zhang Tongwei also knew about this situation at the time, but he still continued, which shows that he was forced."

Su Bai: “???”

 What’s your point of view?

 “I don’t understand the prosecution’s point of view.”

“How can it constitute coercion if there is no huge conflict in the relationship and behavior between Zhang Tongwei and Xiao Lili?”

"According to the defendant's behavior, the general meaning is that he said "I don't want to" and then violated the woman's will? It doesn't look at the behavior, but only relies on the subjective "I don't want to"?

“Between male and female friends or an unmarried couple, if you say I don’t want to and record it as evidence, can you send the person in?”

“I don’t agree with the prosecution’s point of view.”

"And we believe that the oral confession does not represent the true subjective thoughts."

Chen Le retorted: "If oral confessions do not represent true subjective thoughts, then what can they represent?"

“I don’t want it, I don’t want it. Zhang Tongwei has heard Xiao Lili’s words. Why does Zhang Tongwei continue to force her?”

“Besides, if Xiao Lili is willing, why should she accuse Zhang Tongwei?”

"The two are already in an unmarried relationship. Xiao Lili is not unwilling and will not take Zhang Tongwei to court at all."

“This also explains Xiao Lili’s subjective will from the side.”

“Will Xiao Lili still use her innocence to accuse Zhang Tongwei?”

Su Bai:? ? ?

　　When Chen Le asked this question, Su Bai was stunned for a moment.

this.…

It is too easy for the entrusted lawyer to make a subjective defense, right?

 The court hearing looks at subjective conditions and objective conditions as well as subjective facts and objective facts.

 Just because you think you are innocent does not mean it can be used as evidence in court.

 At the court hearing.

　　Not only Su Bai, but also the prosecutor’s seat and the members of the collegial panel at the court, all frowned slightly when faced with Chen Le’s words.

  Everyone speaks in terms of legal basis.

this problem.…

  There is no legal basis.

Su Bai didn’t need to answer at all.

 PS: Please give me a monthly ticket~

 (End of this chapter)