As a Lawyer, You Sent the Judge In?
Chapter 230: Question it in court! Additional investigation!
Chapter 230 Questioning in court! Additional investigation!
At the court hearing.
Su Bai organized his thoughts, then looked at the three defendants and continued:
“Based on the statements of the three of you…”
“The three of you had an argument with Lin Dong, and then they had a serious quarrel, so you started beating him.”
“I would like to ask the three defendants.”
"What was the reason for the dispute before you beat Lin Dong...?"
“Is it just because of a verbal dispute that you carried out a crazy beating against Lin Dong?”
“Is there anything used in the middle? For example, wooden sticks, sticks and other items?”
Xu Feng, one of the three defendants, was silent for a few seconds, with a grimace on his face: "We can't remember this clearly."
“We were all in a state of confusion at the time and can’t remember what happened.”
“We have made it very clear why the dispute occurred. It was Lin Dong who quarreled with us first, and he scolded us.”
“We even scolded him back.”
“Then Lin Dong started to take action”
"As soon as he made a move, we became even more angry. When we got angry, it led to the current situation. We really didn't want to do anything to Lin Dong. We just got ahead of ourselves at the time and accidentally ended up in the current situation."
“As for other things, we really can’t remember clearly. We’re not sure if they could have been hit with sticks or sticks with their arms, right?”
arm?
You think the forensic test report is filled out casually?
The striking force of the arm is completely different from that of the stick.
Forensic test results are rigorously reported.
Su Bai continued: "Then what you mean is that you are not sure that you did not use other tools in this process, right?"
"Yes."
Hearing Xu Feng's answer, Su Bai did not continue to ask.
Xu Feng must have known what the specific process was. He was unwilling to say it, admit his confession, or admit his crime. There was something very strange about it.
It is not easy to find out the result.
At least in court, it would be difficult to find out.
Su Bai simply did not continue to question Xu Feng and the other three people. Instead, he looked at the other side of the defendant's seat, that is, the court personnel from the law enforcement unit.
“Then I have a few things I want to ask the defendant’s law enforcement unit.”
“First: Why are Lin Dong, Xu Feng and three others detained in the same place? According to relevant regulations, Lin Dong and Xu Feng should be detained separately.”
“Second: According to Xu Feng’s statement—I don’t know where the stick came from and I don’t know if a wooden stick was used to hit Lin Dong. Xu Feng and others are not clear about this fact.”
“At the same time, according to the forensic examination, it is obvious that the situation was that he was hit by wooden sticks and other tools.”
“I have some doubts about this point, because Xu Feng’s explanation is not very clear, and also why there are stick-like scars.”
“The specific cause of Lin Dong’s death was due to the beatings by Xu Feng and three other people. However, in the course of this case...the scars of the wooden sticks were revealed in the forensic identification report.”
“But according to the evidence and confessions provided by Xu Feng and law enforcement parties, they were not stated or even mentioned. This is also the biggest question in this trial.”
"based on above."
“I would like to ask the law enforcement agencies to produce surveillance cameras from that day”
Show me the surveillance camera from that day?
The two people at the defendant's law enforcement seat, Fang Tang and Dong Bing, looked at each other and remained silent without speaking.
At the court hearing.
Not to mention it’s good, there’s absolutely no big problem with this.
Su Bai saw that neither Fang Tang nor Dong Bing spoke. Instead of asking further about the topic, Su Bai changed the question:
“I would like to ask the defendants Fang Tang and Dong Bing, as law enforcement officers involved, what were you two doing during the incident?”
This question can be answered.
Fang Tang said: "We were hungry at that time, so we wanted to go out for a meal."
“This matter can be clearly confirmed in the prosecutor’s investigation, and what we said is true.”
“You mean you admit that your negligence led to the case?”
Fang Tang hesitated for a few seconds and nodded: "Yes, this was due to our negligence, which led to the case, and we don't want to see it."
A dereliction of duty is indeed a dereliction of duty.
This point is certain and cannot be refuted at all.
Based on this point, Fang Tang generously admitted it.
Admit this, it is better to be demoted or double-opened at most.
Fang Tang thought silently in his mind, but did not continue to think about it.
At this time, on the judgment seat.
As the presiding judge, Wang Lei couldn’t help but ask after hearing Su Bai’s inquiry: “Has the prosecution’s inquiry been completed?”
Su Bai shook his head: "Presiding judge, we believe that there are many doubts in this case and there is a lack of important evidence and exhibits. We believe that the prosecutor should continue to investigate clearly and hold another trial."
What to say when facing Su Bai.
Wang Lei frowned slightly.
“There is a lack of important evidence and evidence. What does the prosecution mean...?”
Su Bai said: "What we are referring to is that in this case, we don't know where the stick came from.
There is also no surveillance footage from that time, and what’s more, what the law enforcement authorities claimed at the time was that Lin Dong suffered from a sudden illness of his own, that is, a heart attack. "
“However, after forensic examination, it was found that he was beaten by others and was seriously injured leading to death.”
"Regarding the above points...I don't quite understand whether the law enforcement parties are shirking their responsibilities."
"at the same time."
“During the course of this incident, it is not possible to determine whether the law enforcement party was intentional or not, because from all aspects.”
“There were huge faults and subjective mistakes on the part of the law enforcement parties.”
“Based on the above points.”
“There is a lack of evidence. We believe that this case should not continue with the trial. Because key evidence is missing, we apply for an adjournment and continue the investigation.”
When Su Bai proposed to adjourn the trial, Wang Lei frowned slightly at the presiding judge's seat.
This court proceeding.
First of all, according to the relevant circumstances, the facts of intentional homicide committed by Xu Feng and others are clear, they admit guilt and accept punishment, and can be directly judged.
The evidence that the guards committed negligence is also conclusive, and there is no problem in applying for civil compensation.
Based on the above two determinations.
It can be clearly seen that the evidence chain is complete.
In other words, in this case, identification and judgment can be made with or without the evidence Su Bai mentioned.
He was not quite able to understand the significance of Su Bai's application.
.
….
At the same time.
Outside the court and inside the live broadcast room, this case attracted many people who watched the live broadcast of the trial.
Those who watched the live broadcast of this court hearing were a little confused about Su Bai's application, so they started asking questions in the live broadcast room.
"I have watched many of Lawyer Su's trials. It seems to me that there are no big problems in this trial. The guards were negligent, and the other three people were guilty of intentional injury resulting in death." "They all made confessions, and They all have a chain of evidence and can make a judgment.”
“Why does Lawyer Su need to adjourn the trial and investigate the facts behind it?”
“I don’t know how to ask sincerely... Is there anyone who can explain it?”
“Ahem...This question is very simple, that is to say, Lawyer Su may not be able to judge the impact of the negligent behavior of the guards in this trial...
And if these things are missing, there will be one thing, that is, if there are any special circumstances behind it, the sentence will be sentenced like this, which will easily affect the judicial decision. "
“Without these few things, the sentence is indeed possible, but if it is to be sentenced, the sentence may have great fluctuations.”
"As for the other matters... we may not know it as bystanders, but Lawyer Su proposed to adjourn the trial and continue the investigation. This situation is correct."
“Aoao, I understand. To put it bluntly, you suspect there is something else going on?”
“Yes, yes, that’s pretty much what it means.”
….”
At the presiding judge's seat, Wang Lei confirmed: "According to the situation described by the prosecution, the current evidence cannot affect the verdict of this trial."
“Will the prosecution continue to insist on adjourning the trial and ask the prosecution to continue to collect relevant evidence and wait for the trial to start again?”
“Yes, Judge.”
“I think there are huge loopholes in the evidence currently collected and the evidence regulations contained by law enforcement parties. This evidence is related to the final verdict of the trial and has a significant impact on the final verdict.”
“So we apply for a temporary adjournment.”
Wang Lei nodded slightly after hearing Su Bai's words, regarding Su Bai's application proposal.
He may agree or disagree.
Because these pieces of evidence can be demonstrated from indirect evidence and from the parties’ oral confessions and admission of their faults.
to be honest.…
This evidence does not affect the outcome of the judgment.
What is affected?
It only affects issues such as the judgment of negligent behavior of guards and departments and the division of responsibilities.
However, in the face of Su Bai's request, Wang Lei finally agreed to adjourn the trial and asked the prosecutor to complete the evidence.
After Wang Lei announced the adjournment of the trial and asked the prosecutor to continue the investigation and complete the supplement of these relevant evidence points.
Fang Tang and Dong Bing, who were sitting at the defendant's seat, frowned slightly, not knowing what they were thinking in their hearts.
.
….
The court is adjourned.
After walking out of the court, Su Bai took a long breath. The trial was adjourned and he continued to add evidence.
After the prosecutor has fully ascertained the evidence, I believe that the following matters will definitely be able to identify relevant matters.
The most critical thing is the evidence - why the law enforcement side concealed this matter in the first place.
When it was announced that he died of a heart attack, didn't they know that if a forensic examination was conducted, the announcement and the death would be different?
It must be clear!
Since you know it, why do you still do it?
Including all the details during the guard period!
There are too many problems in this case. There is no doubt about the guilt of Xu Feng and other three people, and there are no problems.
Intentionally causing death, this can definitely be determined.
But.…
There are some other matters involved, that is, the division of responsibilities between the guards and the guard departments!
Are there any other problems involved? !
Even more specifically...is there some unknown relationship hidden behind it?
This needs to be investigated and considered by the court and prosecutors.
.
….
Li Xiaorong, as the prosecutor of this trial, was a little puzzled by the evidence presented by Su Bai, but he didn't say much.
He has investigated many cases and understands Su Bai's psychology.
There are indeed many contradictions in this case, and it cannot be decided unanimously.
So according to the evidence direction given by Su Bai, further investigation and evidence collection were carried out in the trial.
About this case….
It has temporarily fallen into a certain deadlock.
.
….
Zhiyuan Law Firm, in the office.
Wang Siyuan expressed his understanding for the adjournment of this case and Su Bai’s application at the court hearing.
Hand, he didn’t say anything else.
Lin Guanxing showed a hint of worry on his face: "Lawyer Su... do you think the prosecutor will not be able to find this relevant evidence?"
“I always feel that…”
Facing Lin Guanxing’s hesitation, Su Bai smiled:
“This case was obviously because the prosecutor believed that the chain of evidence was sufficient and there were confessions from the parties involved, so it was under tremendous pressure from public opinion and wanted to finalize the case quickly, so it filed a public prosecution.”
“The relevant evidence I presented at the trial is only as supplementary evidence. It is impossible for the prosecutor to fail to investigate. However, when we have not mentioned it before, this evidence is not necessarily needed to convict criminals.”
“So the prosecution omitted this step.”
Hearing Su Bai's explanation, Lin Guanxing smiled and nodded: "Okay, okay."
“Lawyer Su, I understand…”
"Um!"
Su Bai took a sip of tea. What they need now is time.
Waiting time for the prosecution to complete the evidence.
and.….
In this case, the prosecutor may be able to discover some other problems by investigating the evidence.
.
….
in addition.
Xiushui District, in a certain community.
A man sat on the sofa, crossed his legs and faced the person opposite him and said, "Lin Dong's case has become a big deal. Are you clear about it?"
“Well, I know, I watched the court hearing live.”
“The lawyer hired by the victim seemed to have asked for additional evidence in court, right?”
"Um!"
“It has been proposed, and other evidence needs to be supplemented and reviewed. What if the prosecutor discovers other circumstances during the investigation of this other evidence?”
“This...” The voice was slightly hesitant and silent.
“Discovering other situations and problems is indeed a troublesome thing, but this case has nothing to do with us. It can only be said that we have derelict in our duties, and there is no other big deal..."
“At most, it’s a punishment.”
"Why-"
The man sighed.
"At the beginning, I felt that we should not interfere in this case, and we should do whatever we want. You said you had to cover it up, but now it's okay. It's so troublesome now."
The person on the other side took over: "Okay..."
"Who would have thought that such a big thing would happen? Why don't you try talking to the prosecutors and ask them not to investigate in such detail... Now the chain of evidence is complete, and we have already punished them. ”
“I won’t investigate in such detail…”
.
…
The man said: "I can't control the prosecutor's side. Besides, if you do this and you are found out later, it will be a bigger problem. Now we still need to see how the prosecutor determines the situation. Let's talk about other things."
Facing the man's rejection of his request, the man sitting on the sofa nodded silently, took a deep breath, and said nothing.
PS: Please give me a monthly ticket~
(End of this chapter)
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