As a Lawyer, You Sent the Judge In?
Chapter 259: The trial rejected the retraction and selectively ignored it.
Chapter 259 The court trial rejected the confession and selectively ignored it.
Initiated a second trial.…
Identify new evidence facts and overturn the previous chain of evidence.
This time Su Bai submitted new evidence. Under normal circumstances, the High Court will hold a trial.
There is no big problem with this.
only.…
During the period when Su Bai submitted relevant new evidence and filed a second-instance appeal.
at the same time.
Hong Kong City, in a high-end community.
Fang Yilong was sitting on the sofa and answered a phone call. The voice from the other side came:
“Someone took over Meng Ziyi’s case. It is said that he is a well-known lawyer from Nandu..."
“I also heard from the staff at the detention center... The High Court may try this case. Have you handled the evidence there?”
Fang Yilong nodded after hearing the voice: "There is no problem in this case itself."
"Meng Ziyi is too cunning... All suspicions point to him, but he refuses to admit it."
“Without explaining the specific facts, I have no choice but to make some changes in the procedure.”
“Don’t worry, there is nothing wrong with this case. Even if it is transferred to the High Court for trial, the maximum sentence will be two years of suspended death.”
“In two years, Meng Ziyi will not be able to produce any new evidence that can overturn the facts of his crime.”
“And I have also learned that the High Court’s attitude towards Meng Ziyi’s case is that Meng Ziyi is indeed the most suspected of committing a crime.”
“There are no other questions.”
“Besides, we are only violating the procedure. The procedure is illegal, and it does not affect the court’s judgment on Meng Ziyi.”
“The time required to solve the case is so tight, we can only use this method.”
The voice on the other side: “Hmm…Okay, I understand.”
After hanging up the phone, Fang Yilong rubbed his eyebrows. This case still required further confirmation from him.
When the case reaches the second instance and the High Court makes a judgment, the facts of Meng Ziyi’s crime will also be determined.
It just means that we still need to wait for a while.
There are no other questions.
.
….
The Kunming High Court has not decided whether to accept the case or not.
Su Bai asked Li Xuezhen to post this case to their personal short video operation account and the law firm’s short video operation account.
Bai Jun Law Firm and Su Bai's personal short video accounts now have hundreds of thousands of fans.
ˆ And.
ˆ To a certain extent, the number of media broadcasts and views has a huge impact.
The case is posted on the short video operation account to expand its influence.
Second, it is to enable the court to take into account the influence of society, thereby prompting the court to make fair judgments.
After Li Xuezhen posted a short video about this case.
The case has received relatively high attention.
.
….
at the same time.
The second trial of Meng Ziyi quickly attracted the attention of the Kunming High Court.
However, this case was facing a public hearing applied by Su Bai.
The Kunming High Court rejected this application.
The reason for refusal is that this trial involves the privacy rights of Meng Ziyi’s wife and her lover.
So it will not be made public.
Su Bai didn’t say much about this.
Although he knew that the court was unwilling to allow this trial to be held in public for this reason.
But since the court rejected it, it would be meaningless even if he applied again.
Because you apply again, the court will still reject it.
At present, we can only see how this process will be carried out in court.
Or in other words, after the judgment of the second instance comes out, you can check the judgment of the second instance on the enforcement of rulings website and publish it.
….….
The day of trial has arrived.
Su Bai and Li Xuezhen witnessed various operations in this trial.
I arrived at the Kunming High Court in advance just to prevent myself from not being able to get into the court hearing.
after all.…
The second instance procedure for this case was quite troublesome, but it was finally accepted by the Kunming High Court.
If the court trial fails because you cannot enter the court hearing venue.
The result...can be imagined.
It is equivalent to saying that all previous efforts have been wasted.
Fortunately, nothing else happened in the court.
Soon, Su Bai and Li Xuezhen were waiting in the waiting room.
The staff brought the two people to the court on the eve of the trial.
As the clerk reads out the court discipline and related matters, the members of the collegial panel enter the court.
At the judgment seat.
Presiding judge Guan Dongfeng looked at the litigation materials, and then looked around the courtroom.
This court hearing.
In his opinion, there were basically no big problems in this trial.
The main focus is on.…
Meng Ziyi, should he be sentenced to death or sentenced to death with a suspended sentence of two years?
Before this court hearing.
Guan Dongfeng has discussed this case with members of the collegial panel and court personnel.
Because this case is in Yun Province, the influence within the judicial department is still relatively large.
Why?
Because several people involved in this case are relevant personnel of the judicial department.
The circumstances of the case are relatively bad.
So we pay more attention to this case.
Hence, Guan Dongfeng also had advance understanding of this case.
To put it bluntly, it means that you already have a rough judgment in your heart.
The gavel struck.
Guan Dongfeng said: "This trial is the second trial for Meng Ziyi's intentional murder of his wife and her lover."
“Based on the new evidence provided by the lawyer entrusted by the defendant, we will defend Meng Ziyi’s innocence.”
“Now please state the legal significance and legal basis of the new evidence.”
“A good judge.”
After hearing what the presiding judge said, Su Bai said: "The new evidence we have provided, as well as its legal significance, the legal basis is as follows:"
“According to our client’s statement, our client did not kill his wife Gu Qiao and his lover Xie Wei.”
“According to our client’s statement, our client was having a dinner with friends when Gu Qiao and his lover Xie Wei died.”
"Furthermore, our client has no idea that his wife Gu Qiao has an improper relationship with his lover Xie Wei." "Based on this point, why did our client kill his wife Gu Qiao and his lover Xie Wei without knowing it? Xie Wei?”
"also."
“According to the time of death determined by the forensic medical examiner, and the time when our client had a dinner party with his friends.”
“Overlap in time.”
“Based on the specific circumstances of the entire case, as well as the distance and means of committing the crime, our client did not have time to commit the crime.”
“In theory and fact, there is no possibility of homicide.”
"based on above."
“We believe that our client has no possibility of killing Gu Qiao and Xie Wei.”
“So we kindly request the court to reject the prosecutor’s application and prosecution matters, and let the prosecutor reorganize the case and find the real murderer.”
….”
Presiding judge Guan Dongfeng frowned slightly after hearing Su Bai's statement.
According to Su Bai’s words and statements.
The general meaning is that Meng Ziyi did not have the time to commit the crime, and there was no subjective purpose for killing Gu Qiao and Xie Wei.
Let’s discuss it from this aspect.…
?
Guan Dongfeng did not understand what Su Bai meant.
But after pondering for a few seconds, he understood why Su Bai made such a statement.
Does this mean you want to retract your confession?
So he asked: "According to the evidence and other information provided by the prosecutor."
“According to Meng Ziyi’s confession, Meng Ziyi has clearly explained how he killed Gu Qiao and Xie Wei.”
"And he has already confessed that he knew that his wife was cheating on Xie Wei, knew the location, and had dinner with his friends just to hide it from others."
“The friends who had dinner with him at the time also stated that Meng Ziyi had been out for a while.”
"I will return to the dinner place later."
“According to your statement, Meng Ziyi retracted his confession in court, right?”
“Yes, presiding judge, our client wants to retract his confession in court.”
Change your confession in court.…
Guan Dongfeng frowned deeply after facing Su Bai's statement.
This court hearing...
If you look at the evidence provided by the prosecutor, Meng Ziyi was indeed sentenced to death without any problems.
According to the questions stated by Su Bai just now, Meng Ziyi has previously written notes and made oral confessions, stating the above issues.
That is to say...
If you want to retract your confession, you need to state the reasons for retracting your confession.
"So, what is the reason why the defendant wants to retract his confession? Is there any specific evidence that can prove that Meng Ziyi's previous confession was not out of his own will."
“There is a chief judge.”
The trial has not lasted long, but this issue is the most critical issue.
Because in the first trial, all the evidence pointed to Meng Ziyi’s guilt.
And due to certain circumstances, Meng Ziyi took the initiative to plead guilty and accept punishment, and made an oral confession.
This also results in the procedure appearing to be legal.
But in fact, the procedure was illegal from the beginning.
As a result, the subsequent procedures can proceed according to the illegal procedures at the beginning.
This is why the legality of the procedure must be emphasized when the court makes a ruling!
Why?
Because the procedures are illegal, it is very likely that some unjust, false and wrongful convictions will occur.
This possibility is very high.
So the issue in this case still lies in one aspect, whether the procedure is legal or not.
Is it legal to let Meng Ziyi confess his guilt?
The point of reversal of confession is right here!
Following that, Su Bai asked Meng Ziyi to reveal the scars on his body.
Continue to speak: "Presiding Judge, these injuries on our client's body were all caused in the detention center."
“It was caused by beatings by other inmates in the detention center.”
“And according to our client’s statement, other prisoners have warned our client that if our client does not admit his crime, they will continue to cause harm to our client.”
“Thus, our client could not help being violated and admitted his crime.”
“Based on this, we apply to the court to dismiss this trial, and hand over the case to the prosecutor to continue the investigation, find the real culprit, and restore our client’s innocence!”
“The scars on our client’s body are proof and evidence.”
“So... we deny the confession and other facts stated by us during the first trial.”
Change your confession?
Regarding Su Bai's statement, Guan Dongfeng glanced at the litigation materials, and then looked at the defendant's attorney's seat.
“Did the defendant entrust the client to retract his confession based on the above statements?”
“Yes, Judge, it’s not just that, there are other proofs.”
“Okay, okay…no need to say more about the other proofs.”
“I would like to ask the lawyer appointed by the defendant first if you can prove that what the defendant stated is true.”
“Based on your above statement, it is determined that the procedure is illegal, right?”
Su Bai said: "That's right, the presiding judge."
“So what’s illegal here?”
“The matters within the detention center are just conflicts between prisoners. From this point of view, there is no illegal behavior.”
“So it is legal in terms of procedures and there are no other behaviors.”
“Based on this, I reject your request to retract your confession.”
“The defendant has entrusted a lawyer to ask if there is anything else to state. If not, then we will move on to the next trial process.”
Su Bai raised his head slightly and looked at the presiding judge's seat, taking a deep breath.
Beside.
Li Xuezhen’s face was serious and angry.
The chief judge...don't you want to ask more deeply what the reason is?
Did you directly reject the request to retract the confession just now?
No way.…
Although...Lawyer Su did not state any direct illegal acts just now, but normally speaking, he must have known that there were procedures that did not comply with regulations.
Generally speaking, the presiding judge will also ask a further question.
But now….
The relevant rejection was made directly.
That is, the presiding judge already knew the matter in his heart, but chose to ignore it for the sake of the final verdict.
…
Li Xuezhen looked at the presiding judge's seat silently and said nothing.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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