As a Lawyer, You Sent the Judge In?

Chapter 298 Fatal question, arrogance? Come on, I'll slap you in the face!

 Hand the case again.

 Yu Cheng is still the presiding judge and will hear the case.

Li Xiao, as the prosecutor, is supplementing evidence and reviewing Geng Hao.

 A lot of new evidence has been obtained.

 This time.

 For Li Xiao, the evidence for the verdict is even more sufficient!

 The prosecution against Wu Hao will also become more intense.

 Wu Hao will definitely be prosecuted successfully! .

 ….

However, at the court hearing, Wu Hao learned about the situation of the next trial through Sun Shiyan.

to be honest.

 Wu Hao is not too worried.

 According to what Lawyer Sun said, he cannot be found guilty without key evidence!

 What is the critical evidence?

 The key evidence is Zhang Yan!

 Zhang Yan has been dead for so many years, how should he be sentenced?

.

 ….

 The court proceedings continue—

On the bench seat, Yu Cheng banged the gavel and spoke slowly:

 “This trial continues.”

“Please ask the prosecutor to cross-examine the additional evidence.”

 “A good judge.”

 Public prosecutor Li Xiao nodded and spoke.

 Li Xiao served as the prosecutor who followed the case from the beginning.

 In the last court hearing, Li Xiao, as the prosecutor, failed to accuse the criminal suspect Wu Hao.

 Resulting in adjournment of the trial.

 During the extension, he investigated Fang Ming, Geng Hao and others, and also obtained new evidence.

 The chain of evidence this time is much more complete than the last time.

 In his opinion, there is basically no problem in accusing Wu Hao.

Facing the cross-examination of supplementary evidence proposed by the presiding judge, Li Xiao spoke:

 “Presiding Judge.…”

“Based on new evidence and new witnesses that the prosecution learned during the adjournment of the trial.”

“The prosecutor believes that Wu Hao was suspected of forcing Zhang Yan in this trial, and the criminal facts are sufficient.”

 “The additional evidence is as follows:”

“According to the confessions of Fang Ming and Geng Hao, the investigators at the time.

 They received Zhang Yan’s case filing report at that time.

 As well as Zhang Yan’s accusation at that time, and relevant evidence, it can be confirmed that Wu Hao was suspected of forcing Zhang Yan. "

“And while Zhang Yan was filing the case.”

“Wu Hao’s father exerted pressure on Zhang Yan’s family through his connections with Geng Hao.”

 “Require Zhang Yan’s family to take the initiative to withdraw the lawsuit.”

“No more charges will be made against Wu Hao.”

“Therefore, he also promised to pay 500,000 yuan for sealing expenses.”

“According to the statement of Geng Hao, the person in charge of the case investigation, the records at the time and the trial of Wu Hao.”

  “And among the relevant facts.”

 “Wu Hao has compulsive behavior.”

“This evidence is indirect evidence and proves Wu Hao’s criminal behavior.”

　　　….”

While Li Xiao was making a statement, Sun Shiyan raised his hand and then interrupted Li Xiao's statement.

“I would like to interrupt the prosecutor’s statement and explain a legal fact.”

“What is the indirect evidence that the prosecutor just mentioned?”

 Li Xiao was interrupted, but he was not angry and replied:

“The indirect evidence is the statements of the person in charge of the case, Geng Hao, and others.”

“Then what can the statements of the person in charge of the case and others prove?”

Sun Shiyan asked again.

 “Indirect evidence – In this context, circumstantial evidence refers to the statements of witnesses.”

 “What can the witnesses’ statements tell us?”

“The witness’s confession can only provide indirect proof, and indirect proof cannot prove that Wu Hao committed a crime.”

 “What can confirm the facts of the crime?”

“What can confirm the facts of a crime is relevant direct evidence.”

“For example, the direct confession of the party or the key evidence left by the party.”

“The key evidence here does not refer to the key evidence of subjectivity, but the key evidence of objectivity.”

"based on above."

“I think it is very inappropriate for the prosecutor to conclude that our client committed a criminal act based on the circumstantial evidence he just stated.”

 “Failed to behave as a public prosecutor should.”

“And we believe that the determination of this indirect evidence cannot determine the fact that our client has committed a crime.”

“Because according to the prosecutor’s statement, this indirect evidence is from the perspective of the investigators.”

  “Rather than proceeding from actual facts.”

“So we apply to reject the indirect evidence stated by the prosecutor and determine our relevance.”

 “President, my statement is complete.”

After Sun Shiyan finished his statement, he sorted out his litigation materials.

 Looking up at the prosecutor's seat.

As a public prosecutor, Li Xiao couldn't help but feel a little resentful when faced with the humiliation from the defendant's lawyer.

What does the defendant’s lawyer mean?

What does it mean that this indirect evidence cannot prove Wu Hao's criminal behavior?

 Fang Ming and Geng Hao were the staff and persons in charge of the case at the time.

 They are indeed making statements as witnesses, and witness testimony is indirect evidence.

This kind of indirect evidence does not mean that Wu Hao's criminal behavior cannot be determined.

 Because this is also valid evidence.

 But it was directly refuted by Sun Shiyan?

 Why?

 Li Xiaozheng was about to ask.

At this time, Su Bai also raised his hand to speak.

 After noticing Su Bai, presiding judge Yu Cheng agreed to his statement.

Su Bai placed the relevant litigation materials in front of him, and then spoke:

“I would like to ask the lawyer appointed by the defendant to refute the circumstantial evidence. What is the basis for not being able to charge?”

“The witness’s confession is also one of the evidence, as long as it can form a complete chain of evidence.

 Why can't Wu Hao be charged and found guilty? "

Facing Su Bai, Sun Shiyan raised his eyes and looked at the defendant's seat.

 He knew that Su Bai was a well-known top criminal lawyer in the country.

but.…

 He has no worries at all about facing such a top criminal lawyer.

 Because according to the current situation, the advantage is still on his side.

Even if a top lawyer comes to solve this old case, it will have no effect.

 At most, the accusation can be made in court, and there is no other possibility.

Sun Shiyan smiled and looked at Su Bai: "The statement made by the prosecutor's lawyer makes some sense, but I would like to ask the prosecutor's lawyer..."

“In this court proceeding, based on the direct confession of the witness, can a complete chain of evidence be formed?”

 “and—”

 “Where does the witness’s confession come from?”

“Is it based on the situation at the time, the views expressed by Wu Hao and Zhang Yan?”

"I must reiterate and emphasize one point again - did Wu Hao force Zhang Yan?"

“What needs to be seen is the direct evidence at the scene, or the accusations made by the parties involved.”

“Otherwise, other confessions are based on the occurrence of other subjective situations.”

After Sun Shiyan finished his statement, he specifically glanced at Su Bai at the prosecutor's seat.

 Su Bai: .….

  ? ? ?

What's the meaning?

 Provocative, right?

 No, in the previous time, if the defendant entrusted the lawyer to state this.

 There is indeed nothing wrong with it.

  But now that supplementary evidence has been provided, the defendant’s lawyer still made the statement in this way.

 You will definitely lose the case!

Why?

 Because all kinds of indirect evidence point to Wu Hao's compulsive behavior.

 This no longer constitutes a legal situation where the crime is beyond doubt.

If we say that the previous physical evidence and Ma Xue’s accusation are only subjective accusations.

  However, the accusations made by relevant case investigators are based on objective factual conditions.

 Why can’t accusations be made based on objective factual conditions?

Without paying too much attention to Sun Shiyan’s gaze, Su Bai continued to state:

"According to the statement of the lawyer entrusted by the defendant, why can't the witness's direct confession form a chain of evidence?" "One more thing, what is the source of the witness's statement?"

“The source of the witness’s statement is determined based on objective facts.”

“Let’s first state the current relevant evidence issues.”

“The current direct evidence is that Wu Hao had a relationship with Zhang Yan.”

“Then the indictment is that Wu Hao forced Zhang Yan to have sex.”

 “What piece of evidence is missing now?”

“What is missing now is whether Wu Hao has ever forced Zhang Yan!”

"Do you have?"

 “In Wu Hao’s statement, there is definitely no such thing.”

“Because Wu Hao is a criminal suspect, his statement may not be correct.”

“Whether there is or not needs to be based on objective facts!”

 “That’s the evidence!”

“In the last cross-examination, whether it was the evidence left by Zhang Yan or the confession of his friend Ma Xue.”

“It’s already been shown that Zhang Yan was forced by Wu Hao.”

"Of course, the defendant entrusted a lawyer to refute this point, and the rebuttal opinion is-"

“The physical evidence left by Zhang Yan may be described subjectively.”

  “There are uncertainties.”

"good!"

“There are indeed subjective factors recorded in the notes, and we cannot be sure whether Wu Hao acted compulsively.”

 “Let’s look at the second point.”

“Ma Xue’s witness testimony stated that Zhang Yan did not like Wu Hao at that time, and further showed that it was impossible for him to take the initiative to have a relationship with Wu Hao.”

“This point was also refuted by the lawyer appointed by the defendant.”

“Of course, what the defendant entrusted the lawyer to state was Ma Xue as a witness, which is subjective to a certain extent and does not contain objective facts.”

 “But among the additional evidence—”

“As the persons in charge of the case, Geng Hao and Fang Ming have no subjective opinions because they have no connection with the victim Zhang Yan.”

“It all depends on the investigation and review of the case.”

“It is confirmed that the relationship between Wu Hao and Zhang Yan was forced.”

“Zhang Yan’s notes and Ma Xue’s witness testimony, as indirect evidence, are subjective and may not be accepted.”

“But why can’t indirect evidence that is based on objective facts be admissible?”

“I cannot understand the relationship between the chain of evidence and direct evidence mentioned by the defendant’s attorney.”

“Because there are already established facts of a relationship in this case.”

 “The establishment of Wu Hao’s relationship with a woman against her will.”

“It only needs indirect or direct evidence to prove that Wu Hao’s relationship with Zhang Yan was forced!”

“The above three indirect evidences have proved that Wu Hao’s relationship with Zhang Yan was a forced behavior.”

 “Especially the third point, it is based on objective facts.”

“There is no subjective behavior as stated by the defendant’s attorney.”

“So I don’t understand why the defendant hired a lawyer and what is the focus of the defense...”

 “Are you just ignoring the indirect evidence?”

 The point?

 Objective or subjective?

Sun Shiyan had been recording key information while Su Bai was defending.

 This time, Su Bai's stated views were mainly based on objective indirect evidence.

 That is to say, Wu Hao was accused based on the confessions of Geng Hao and others.

 Because Geng Hao, as a relevant case handler, has objectivity in the evidence and factual basis.

There are several key points in this case -

 The first is whether there is a relationship, and the second is whether it is forced behavior.

 The first point is confirmed, there is indeed a relationship, there is direct evidence for this.

 But is it a forced behavior?

 Whether it is a forced behavior depends on the circumstances at the time!

 For example—

At that time, Zhang Yan was forced by Wu Hao and confirmed that she was beaten or otherwise forced.

 Report the crime as soon as possible and preserve the evidence.

 In this way, regardless of whether there is a confession from the party concerned, the evidence of being beaten and forced will be relied upon.

 Then it can be determined that he indeed has compulsive behavior.

 But this situation did not exist in Wu Hao’s case.

 What is the current situation?

 The current situation is that Su Bai passed three indirect evidences—

 Two subjective evidences and one objective evidence to prove that Wu Hao’s relationship with Zhang Yan was a forced act.

anyway.…

The confessions of Geng Hao and Fang Ming are used as indirect evidence. Can Wu Hao be found guilty?

To know.…

 Wu Hao has already retracted his confession.

Geng Hao and Fang Ming relied on the fact that Wu Hao did not conduct an investigation before retracting his confession.

 So this is also the key point in this case.…

 In this court hearing...he didn't know whether the presiding judge would find that the confession was retracted.

But…

After pondering, Sun Shiyan expressed his opinion:

 “In this case, all the objective evidence and subjective evidence.”

 “Even, all the circumstantial evidence—”

“We can’t really tell whether Wu Hao and Zhang Yan committed forced behavior.”

“According to what the prosecutor’s attorney stated—”

“The confessions of the investigators are based on objective facts.”

 “But where does this objective fact come from?”

“Is it from the situation during the case handling?”

“There is also a certain degree of subjectivity in handling the case, and the case has only reached the filing stage, and the relevant evidence at that time has not been through physical evidence.”

“From this point of view, is there also uncertainty in this objective fact?”

Facing Sun Shiyan’s rebuttal, Su Bai asked back:

“The statements made by the defendant’s attorney are based on uncertainty.”

 “But in this case, there is another important necessary condition.”

“That is Wu Hao’s father, Wu Ye, who contacted Geng Hao and wanted to help Wu Hao escape criminal responsibility through private relationships.”

 “Why did Wu Ye contact Geng Hao?”

“Why did he pay 500,000 yuan to get Zhang Yan to withdraw the case?”

“Wu Hao has not committed any crime and there is no need to pay 500,000 yuan to ask Zhang Yan to withdraw the case.”

“In other words—it’s entirely possible to accuse Zhang Yan of making a false accusation.”

 “Why go to such trouble to contact Geng Hao?”

After Su Bai finished asking, his eyes fell on Sun Shiyan.

This case.…

to be honest.

After adding relevant evidence, it is no longer possible for Wu Hao to turn over or escape legal sanctions.

 The defendant now appoints a lawyer based on the fact that this case is an old one.

 There is some evidence that is difficult to prove directly, so we always seize this point to refute.

 However, it can be done through the majority of indirect evidence and reasonable statutory circumstances.

It is now possible to determine the facts of Wu Hao's crime!

The other party can also rebut, but it depends on whether the court accepts it or not!

 The presiding judge does not just listen to the defense of the lawsuit.

 As long as there is evidence, the presiding judge can make a judgment based on the evidence and legal reasons!

Besides, Li Xuezhen looked at the silent Sun Shiyan, with joy written on her face. Wasn't she still very arrogant just now?

 Why don’t you speak?

 Have you been slapped in the face? .

 ….

 At the table of the defendant’s attorney.

Facing Su Bai’s final rhetorical question, Sun Shiyan could not explain.

 He ​​knew in his heart what Wu Ye was using the 500,000 yuan for.

If he explains, he will most likely be prosecuted for perjury later.

So when faced with the rhetorical question, Sun Shiyan could only remain silent and cast his gaze on Wu Hao.

 Wu Hao:.….

 No, Lawyer Sun, please continue to defend!

 Why are you looking at me?

I do not know how to answer.…

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)