As a Lawyer, You Sent the Judge In?
Chapter 264: Set up an inspection team to conduct a review, someone
Chapter 264 An inspection team was set up to conduct a review. Someone panicked!
…
TMD is difficult to deal with!
Su Bai took a long breath, after noticing Meng Ziyi's look for help.
Hands to speak actively: "The chief judge..."
"We have objections to the source of the physical evidence..."
“I would like to ask the prosecutor. The prosecutor has the responsibility to examine the evidence. How did the prosecutor examine the evidence?”
"Or.…"
“I would like to ask where the source of the evidence is?”
Public prosecutor Bai Haojie said: "The evidence was provided by criminal investigators."
“I have verified it, and the results tested in the evidence have detailed sources.”
Facing the prosecutor’s answer, Su Bai continued to ask:
“So what is the source of the test evidence results? Has the investigation continued?”
“The source of the evidence is illegal evidence.”
“Did the prosecutor reasonably exclude the evidence? Prove the non-existence or occurrence of contradictions between the evidence and the facts of the case?”
“Here I will give a simple example: the murder weapon has been found, but have any reasonable calculations been made about other matters?”
“For example: how Meng Ziyi arrived at the crime scene at a dinner party, and then returned to the crime scene after committing the crime.”
“Is there enough time?”
“Are there any impossible situations?”
“In other words, if the prosecutor puts aside the concept of accusation and does not substitute Meng Ziyi as a suspect.”
“Based on what I said above, does this case have many loopholes?”
“So I would like to ask the prosecutor to continue to collect other evidence to conduct a focused review of Meng Ziyi’s case.”
“Rather than what evidence the criminal investigators submitted, the prosecutor simply understood it without in-depth investigation.”
“Based on the above point of view, I think it is necessary to re-identify and identify the murder weapon.”
The process of using evidence to determine the facts of a case needs to comply with logical rules and empirical rules.
Evidence must be conclusive and exclusive.
The lack of certainty and exclusivity will lead to a high possibility of unjust, false and wrongful convictions.
Therefore, for the evidence submitted by law enforcement parties, the prosecutorial department has the responsibility to exclude the legal sources of the evidence.
also.
He didn’t know what Bai Haojie was thinking.
However, judging from other aspects, the supervision department found that the defendant's confessions were repeatedly guilty and inconsistent, and there were major contradictions in other key circumstances of the confessions and the evidence on record that could not be ruled out.
Perhaps corresponding investigation and supervision responsibilities must be carried out.
This case was before...
He has always been fighting against the court and applying for a verdict of not guilty.
So this time, after the relevant evidence is presented, and the court has a serious tendency, it needs to try to start from the prosecution.
Try to let the prosecutor identify the relevant evidence and withdraw the case.
It is equivalent to directly leaving the court... to judge this case.
.
….
Facing Su Bai's question, Bai Haojie frowned slightly.
For this case.…
The evidence he relies on is all evidence provided by law enforcement parties.
Relevant sources are also provided by law enforcement parties.
In this process, he has a supervisory role.
Contradictions.…
The origin of the case...All suspicions in this case point to Meng Ziyi.
As a prosecutor, in this case, I must be biased in my heart.
Because the suspicion of the murder of Gu Qiao and Xie Wei cannot be pointed at others.
Or there is no one else to point to.
This is the most important factor for the prosecutors to investigate Meng Ziyi.
Facing Su Bai’s problem.…
Bo Haojie did not refute for the time being, but was thinking about the possibility that the law enforcement side had fabricated evidence.
after all.…
He did not do a good job in checking illegal evidence, and he was not sure whether it was illegal evidence.
.
….
And taking this opportunity, Su Bai also stated the core issue of this case.
What is the core of this case...?
The most important thing is from case filing to arrest to law enforcement.
The key lies in the arrest and the evidence provided, which are provided by criminal investigators.
What is the role of prosecutors and courts?
—Confirm evidence, initiate prosecution and determine guilt and corresponding sentencing issues.
The most important thing is that in their impression, Meng Ziyi is the murderer.
This point is particularly important!
Following that, Su Bai continued to state:
“In this case, during the second trial, there was no source of evidence for the trial against Meng Ziyi, and it has now been confirmed that all of Meng Ziyi’s previous confessions were illegal evidence.”
“Based on the current situation, I doubt whether this is a frame-up of Meng Ziyi...”
“This is in court where everything is about law and evidence.”
“Think about it from another perspective. If this trial lacks a key confession or has an incomplete evidence chain, it only relies on a single suspicion to accuse and judge Meng Ziyi.”
"So...is it possible that Meng Ziyi was really wronged?"
“Previously, the court and prosecutors stated that Meng Ziyi is a criminal investigator and there may be a certain degree of suspicion of exculpation.”
“However, during this retrial, it has been confirmed that Meng Ziyi’s previous confession was repeated because he was forced to make a statement in the first instance.”
“The prosecutors should conduct a corresponding investigation into whether Meng Ziyi is innocent and unjustly accused based on this... rather than proving Meng Ziyi’s guilt.”
“Furthermore, make a legal judgment on all relevant evidence presented in this case, as well as the confession that Meng Ziyi firmly denies.”
“Putting it from Meng Ziyi’s perspective, if he was wronged and the court still sentenced him to death, then for him, nothing could be more unfair than this.”
“Based on the above, I would like to ask the prosecutor to have a clear understanding of the case.”
“Decide whether the trial will continue, adjourn to supplement relevant evidence, or further confirm the evidence submitted by the law enforcement party.”
That’s all I have to say...
All that needs to be said has been said.
Su Bai looked at the prosecutor. Now it was time to see the prosecutor's attitude towards the trial.
Generally, cases with major issues may be adjourned and opened dozens of times.
Su Bai didn't know what the prosecutor was thinking this time...but this trial may still fall into the adjournment stage.
Why.…?
Since the evidence is confirmed by the prosecutor, it would be a failure of the prosecutor to exclude illegal evidence.
If illegal evidence is presented at the trial.
But if this evidence is still used for prosecution, if the case is not reversed, nothing will happen.
But if the case is reversed...
Then the prosecutor was not derelict in his duties, but derelict in his duties!
Knowingly doing so is the most important point in the crime of dereliction of duty, and it causes death, which is particularly serious.
Dereliction of duty carries certain disciplinary liability, while dereliction of duty carries criminal liability.
There is an essential difference between the two.
.
….
At the prosecutor's seat, Bai Haojie was carefully considering Su Bai's statement.
.
…
Previously, what he had been substituting was the evidence submitted by the law enforcement side. He did not know much about the interrogation by the law enforcement side.
but!
Su Bai mentioned that this evidence is illegal evidence and thinks about the case from Mencius' perspective.
If Meng Ziyi was unjustly accused...then as a prosecutor, he used illegal evidence to accuse Meng Ziyi, which was indeed an act of dereliction of duty.
Think again and again.…
Bai Haojie spoke slowly: "Regarding the retrial of Meng Ziyi's case, the prosecutor proposes to adjourn the trial. The prosecutor will continue to conduct an intensive investigation into the source of the evidence stated by the lawyer entrusted by the defendant."
At the presiding judge's seat on the trial bench.
Presiding Judge Guan Dongfeng frowned as he faced the prosecutor’s sudden proposal to adjourn the trial.
Slightly dissatisfied.
However, the prosecutor's request for an adjournment of the trial indicated that Meng Ziyi, the defendant party, would not be prosecuted in this trial.
Even if he wanted to advance the trial so little, the prosecutor's push would make it impossible for the trial to continue.
Guan Dongfeng glanced helplessly at the prosecutor's seat. Finally the gavel was struck.
“In view of the fact that the prosecutor proposed relevant supplementary evidence for this case, this trial lacks relevant charging evidence.”
“Adjourn the court!”
.
….
The court is adjourned.…
Hearing the presiding judge say the word adjournment, Su Bai breathed a sigh of relief.
How to say.…
At least for now, the prosecutor has previously charged the defendant in court.
But now...
At least the prosecutors thought calmly, or in other words, in order not to cause huge problems and be prosecuted, they had no choice but to think calmly and chose to adjourn the trial.
But no matter what, although this trial is not over yet, the current situation is slowly getting better. At least the trial is temporarily stable now.
The rest depends on the prosecution’s investigation of the source of evidence and other circumstances.…
But one thing... Su Bai noticed it, whether it was in the previous trial or this time.
The most important and critical issue is the review and investigation of Meng Ziyi by law enforcement agencies and the relevant evidence provided.
Last time, Meng Ziyi was forced to give a confession, but this time he provided the so-called murder weapon evidence!
In general.…
The most critical aspect of Meng Ziyi's case is the filing, arrest, interrogation and search for evidence, which are problems encountered in the early stage within the management scope of law enforcement agencies.
It is estimated that the people who want Meng Ziyi to take the blame are also among them!
Walk out of the courthouse.…
Su Bai raised his head slightly and glanced at the sky. Faint black clouds drifted in front of his eyes.
He rubbed his eyebrows and couldn't help but complain: "It's cloudy again."
Besides, Li Xuezhen agreed: "Yeah!"
“Lawyer Su, let me hold an umbrella for you...”
Su Bai:? ? ? .
….
Meng Ziyi’s case has come to an end, and the remaining question is—
It is up to the prosecutor to verify and substantiate the source and legality of the evidence.
Verify that the source of the evidence is authentic, that no details have been disclosed, and that the evidence chain is complete.
If the source of the evidence is verified to be true and the chain of evidence is complete, Su Bai can only say that he made a mistake and Meng Ziyi is the murderer, because all the evidence points to him and the chain of evidence is complete.
However, if there are problems that are inconsistent with common sense and the evidence chain has corresponding problems...
So, this time, it doesn’t matter whether the court rules or not, because the prosecutor will definitely withdraw the case.
—That is to say, there will no longer be a public prosecution against Meng Ziyi.
After leaving the court, Su Bai and Li Xuezhen also visited the supervision and review department.
Then, a supervisory report was made based on the evidence submitted by the prosecutor at the trial and other corresponding circumstances.
Especially for the Collegiate Bench of the High Court.
In any case... In this case, during the second instance, the collegial panel could not pass judgment on Meng Ziyi.
But he not only passed the verdict, but he was also very biased in the retrial.
This point is very intriguing.
Regardless of whether there are any other circumstances, I will report it first anyway.
There is no other situation, forget it for now.
In other cases, it’s a huge profit!
.
….
In Bai Jun Law Firm.
After such twists and turns, Meng Ziyi’s father Meng Tang was frightened.
Originally, I thought that there would be no problem if the case was retried, but I didn’t expect that the court would still intend to sentence his son.
If the prosecutor had not withdrawn the case, it would be difficult to overturn this case!
Meng Tang looked at Su Bai worriedly, and hesitated several times.
Seeing this, Su Bai took the initiative to comfort him: "Don't worry, this time it was the prosecutor who took the initiative to adjourn the trial."
“If there is no complete chain of evidence next time and the possibility of illegal evidence cannot be ruled out, the prosecution will withdraw the case without going to court.”
“You will still be innocent until then…”
Hearing Su Bai's words, Meng Tang felt slightly relieved, but he was still quite worried.
I couldn’t help but ask: “What if there is a complete chain of evidence and the possibility of illegal evidence is eliminated?”
Su Bai: "If Meng Ziyi is really innocent, then there is no such possibility."
"rest assured.…"
“What you said is basically not possible. Just wait for the prosecutor’s investigation results with peace of mind.”
“Okay Lawyer Su...I understand.”
Mengtang nodded.
.
….
Time passes, after the retrial is adjourned.
In response to Su Bai's statement at the trial, Bai Haojie chose to re-evaluate and identify the evidence.
Reasonably exclude illegal evidence.
The results of it?
what's the result?
The result is that during the investigation of the murder weapon.
I really found out that the source of the murder weapon was very unreasonable.
And the traces of Mencius Yi left on it are fraud in the appraisal!
After verifying this evidence, Bai Haojie was secretly grateful in his heart.
“Fortunately, I chose to adjourn the court to supplement and confirm the evidence, otherwise I would have gone in right now!”
I recited something silently.
Bo Haojie immediately reported the situation to the next level.
After more careful related investigations, the prosecutor confirmed that the evidence was insufficient and contained illegal evidence.
Rejected the law enforcement side’s case against Meng Ziyi and asked him to supplement relevant evidence.
Otherwise... no appeal is allowed.
Furthermore, the supervision and review department immediately formed a team to investigate the falsification of evidence and the source of illegal evidence! .
….
at the same time.
In a certain community, Fang Yilong was as anxious as an ant on a hot pot after receiving the news.
“How did this happen?!”
“Isn’t there no problem? Why are there so many things happening now?”
“Even, the prosecutor has set up a team to investigate and review the illegal evidence in this case…”
The other end of the phone: "No, didn't you say hello to the prosecutor?"
“I thought there was no problem...”
Fang Yilong:.….
The prosecution department has the power of supervision. He went to say hello?
What is the difference between him going to say hello and surrendering?
In this case, he did not contact the court or prosecutors from the beginning. In order to quickly solve the case, he could only forge evidence from his own side.
At the time of the first trial...there weren't many problems.
He and the presiding judge of the first instance are old classmates, and the second instance judgment may be based on the first instance judgment.
There is no big problem either!
But when it came to the retrial, trouble arose. The prosecutor didn't know what happened, and suddenly had to reorganize and verify the evidence!
This has also led to the fact that the evidence originally provided directly now needs to be re-examined.
Has caused the current result!
Fang Yilong sighed helplessly: "How can I say hello to the prosecutor's department..."
“Besides, it’s useless for me to say hello!”
Opposite: "What should we do now...?"
What should we do now.…?
Fang Yilong rubbed his eyebrows. To be honest, he didn't know what to do.
During the first trial, he hinted that Meng Ziyi should be allowed to speak, no matter what method was used.
There were no problems in the second trial, but in the retrial, the murder weapon was forged as a last resort.
Now it has been found that the murder weapon was forged and illegal evidence.
All I can say is...this case was one that he couldn't solve, and at the same time, he was in trouble.
but.…
As long as the fire doesn't burn him, there won't be any big problem.
“Now let’s take a step and see one step at a time!”
After Fang Yilong finished speaking, the other person hummed and hung up the phone.
Fang Yilong sat on the sofa and rubbed his temples, obviously a little flustered.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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