As a Lawyer, You Sent the Judge In?

Chapter 309: How did the unjust, false and wrongful conviction come about? That’s how it came about!

"grass!"

"What the hell?!"

“No, did I hear you correctly?”

“The reason given by the collegial panel for rejecting the application for recusal was that it would not affect the normal court hearing.”

 “Better understanding of the facts?”

 “What does this mean? What is this?!”

 “Are you bullying people here just because you have the right to judge?!”

　　　….”

 At the court hearing, before any reaction has been made.

The barrage of the live broadcast of the court hearing exploded.

how to say.…

 In the live barrage just now, some people have already understood it.

 In this case, should the prosecutor recuse himself?

 Originally, everyone thought that the court would be adjourned...the collegial panel would discuss it and then make a request for the prosecutor to recuse himself.

But.…

The presiding judge still did not let Xu Bo recuse himself after the adjournment.

 What does this mean?

 Having made it clear that there are certain problems with the procedure, do you still insist on the wrong procedure? !

  ? ? ?

 Have a problem? !

 Many of those who watched the live broadcast of the court hearing had some research on the law.

 It can be clearly seen that these people have doubts about the decision of the collegial panel in this trial.

 Has Shen Yao considered this?

　　The influence of public opinion must have been taken into consideration, but in this case...

 At the judgment seat.

Shen Yao glanced at Su Bai who was sitting on the appeal side.

 At this time, Su Bai made such a decision for the collegial panel.

 Very incomprehensible and unacceptable.

 The court has been adjourned just now….

 Originally, I thought that when the court was held again, I would be able to give a corresponding and procedural answer.

 But who would have thought that the answer would be like this?

 Based on this.

Su Bai raised his hand again and wanted to apply for a protest.

 But Shen Yao, who was at the trial table, did not give Su Bai a chance to speak.

　　 said: "As to whether the prosecutor recuses himself."

“The collegial panel once again emphasized that the discussion on whether to avoid the case shall not be continued in the court hearing.”

“If you have any objections, you can appeal and raise questions after the court hearing.”

“But the trial continues for now.”

“If the appellant continues to insist on meaningless protests, then this trial will consider the appellant to be disrupting the order of the trial.”

“Now give relevant reminders to the appealing party in advance.”

In response to the presiding judge's reminder, Su Bai looked up at the presiding judge's seat and was silent for a few seconds.

 The protest did not continue.

 The application for recusal was in accordance with the law, and the collegial panel gave an explanation.

 Although the explanation is unreasonable, it is an explanation after all.

 It can be said at the legal level.

 If he continues to protest at the trial, he will definitely be expelled from the trial site according to the presiding judge's reminder.

 Then it will lead to...

In this retrial, prosecutor Xu Bo was given an opportunity, which caused problems in the retrial procedure of the case.

 So when faced with the presiding judge's words, Su Bai did not speak to refute or protest.

 After all, everything must be aimed at the legal rights and interests of the client.

However, the presiding judge does not agree to withdraw from the case in accordance with legal procedures.

 This matter will definitely need to be dealt with later.

 Just report it after the trial and that’s it!

 At the court hearing, the presiding judge does have the power to make a decision.

 But if the judgment is unreasonable, then as a citizen, I still have the right to report it.

 There are no other problems, right?

 However, the most important thing now is the determination of the result of the retrial.

 Based on this, Su Bai did not continue to protest.

.

 ….

 At the seat of the presiding judge.

Shen Yao breathed a sigh of relief when she saw that Su Bai didn't protest anymore.

If Su Bai really wants to continue to protest after her reminder,

 She doesn’t mind letting Su Bai leave the courtroom while the trial is being broadcast live.

 As long as the procedures are followed...even if there is public opinion, there won't be any big problems.

 After answering the question of whether to avoid it or not.

 Dong dong dong!

 Shen Yao banged the gavel.

 “The trial continues.”

“This trial is about an old case involving Jiang Wei 13 years ago.”

“Related to the fact that Jiang Wei was convicted of burglary 13 years ago and forcibly had **** with a woman, and then brutally murdered her.”

“The appellant believes that in this case, there are no objective facts to confirm that Jiang Wei has committed a crime.”

“The appellant is asked to state that there are no objective facts and no objective evidence to prove that Jiang Wei is guilty of a crime, thereby proving Jiang Wei’s innocence.”

Facing the presiding judge’s question, Su Bai nodded:

"OK."

 Complete relevant litigation materials.

Su Bai also knew that these issues were the key points of this trial.

Facing the presiding judge, Su Bai spoke slowly:

 “Presiding Judge.…”

“Regarding the previous judgment of our crime in the first instance and the second instance.”

“We believe that there are no objective facts and no objective evidence that can prove that we have committed a criminal act, which means—”

“In the determination of this case, the main ones who found that we have criminal facts and criminal evidence are—”

“First: The testimony of three witnesses.”

“This can be seen from the testimony of three witnesses provided by the law enforcement agencies and the direct confessions of three witnesses at the trial.”

“The witness testimony stated by the three witnesses separately is that Jiang Wei’s family is relatively poor, and he usually communicates more with the victim.”

 “Have a certain favorable impression of the victim.”

“Before the case occurred, I had been in and out of the victim’s home, and I had a good understanding of the situation in the victim’s home.”

"Such as this, in order to save the time of the trial, I will not state them one by one here."

“The above, in general, is based on the witnesses’ statements and the prosecutor’s original relevant determinations and judgments.”

“There is only one identified criminal fact—criminal motive!”

“There is only one criminal motive and criminal trend in the above statement.”

“Because during the investigation of the crime scene, no signs of forced entry were found.”

 “It is judged that an acquaintance committed the crime.”

“So it is inferred that Jiang Wei is a criminal suspect, and this is used as a judgment condition.”

  “It can be clearly seen from my description above.”

  “All judgments and judgments above have no objective facts.”

"Why do you say that?"

“Because the witness testimony can only show that Jiang Wei and the victim knew each other, had a relationship, and had a good relationship.”

“The rest are doubtful and subjective descriptions.”

“What is subjectivity?” “Subjectivity is personal thoughts and opinions that do not have objective facts.”

“Furthermore, the testimonies of these witnesses cannot directly prove that Jiang Wei has committed a crime. It can only be said that he has certain suspicions.”

 “But does it mean that there is a crime if there is suspicion?”

“What is the legal definition of suspicion?”

“The definition is that there is a certain suspicion of crime, but it cannot be used as a basis for proving guilt.”

“Based on the above, witness testimony cannot serve as an objective factual proof to determine the guilt of an act.”

“The second is the key point of this case.”

“When we investigate and check the evidence materials in the file.”

“Illegal evidence was found in the file!”

"in."

“Includes our client’s incriminating confession and signature.”

“On these two points, relevant identification has been carried out, and the result of the identification is the guilty confession and confession signature submitted by our client at the time.”

“It was not signed by our client.”

“That is to say, it is forged evidence.”

“Can illegal evidence such as forged evidence be used as evidence for accusations?”

“According to the relevant legal provisions of our country, illegal evidence should be excluded from the admission of evidence.”

“So illegal evidence cannot be used as evidence for accusation!”

 “Based on the above two points.”

“One: there are no objective facts; two: there is illegal evidence in the evidence chain.”

“We apply to revoke the judgment of our first and second instance, so that our client Jiang Wei can be cleared during the retrial stage!”

“Presiding judge, the above is our statement.”

Su Bai put away the litigation materials, raised his head slightly, and looked at the court seat.

 At the judgment seat.

As the presiding judge, Shen Yao, after listening to Su Bai's relevant statements, then looked at Xu Bo at the prosecutor's seat.

“The prosecutor has relevant investigations into this case, please start making your statement.”

 “A good judge.”

 Xu Bo nodded.

 The trial has reached this point. To be honest... I have applied for recusal at the beginning.

 Xu Bo did not expect that so many things would happen.

 But after applying for recusal, the next step is the court defense.

 This case was verified by him as a prosecutor.

 Let’s put aside everything else.…

 For Xu Bo, this case was when he was verifying it.

 Cases are eliminated to the end.

 The only suspect is Jiang Wei.…

The criminal was not Jiang Wei, who else could he be?

 Of course, as a public prosecutor for so many years.

He is also very familiar with the relevant details of the entire case and Su Bai's statement.

The two points stated by Su Bai are indeed the biggest problems in this case.

However, during the retrial stage, Xu Bo found some relevant evidence about this case.

 Aggravated, it proves that Xu Bo is a criminal.

 In response to these two points raised by Su Bai, Xu Bo retorted:

 “For the appellant, the relevant circumstances stated.”

 “We are unable to refute.”

“But in this case...Jiang Wei is the only suspect and has witness testimony.”

“Furthermore, the appellant failed to state an issue, that is, in this case...”

 “The situation at the time of the crime...”

“Where was Jiang Wei at the time of this case?”

“According to Jiang Wei’s description at the time, he went out for a walk.”

"But no one can prove what he was doing when he went out for a walk."

“During this time period, the victim was killed and his home was robbed.”

“Why was Jiang Wei initially judged to be the murderer in this case?”

“Because there were too many coincidences in this case at the time, Jiang Wei had full time to commit the crime, and he could not prove what he did during the time of committing the crime.”

“The most important thing is that the clothes left by Jiang Wei were found at the scene.”

 “This is also a key point in judgment.”

“There is illegal evidence in the confession and signature.”

“But these two illegal evidences, under certain circumstances, cannot prove Jiang Wei’s innocence.”

“It can only be said that there are flaws in the relevant processes of the program.”

“Furthermore, the relevant judgment in this case is not just based on the witness testimony.”

“I would like to ask the appellant about the clothes left at the scene and Jiang Wei’s inability to prove what he did at the time of the incident.”

 “How do you explain this?”

how to say?

Su Bai didn’t want to answer the questions raised by the prosecutor at all.

 What does it mean to say it?

Su Bai has noticed the problem of leftover clothes before.

 He asked Jiang Wei, who did not deny the issue.

  But it is not clear how the leftover clothes were left behind.

 But what can the clothes left behind prove?

If you want to prove that Jiang Wei robbed or forced women to have **** and killed them.

 What is the most direct evidence?

 The most direct evidence is the DNA left over from the relationship.

 As well as the murder weapon and fingerprints.

However, in this case, the murder weapon used by the murderer was a kitchen knife from the victim's home.

 So it can only be authenticated from DNA and fingerprints.

 However, 13 years ago, the first evidence of the crime was not preserved.

 Causes the lack in this aspect.

  What kind of direct evidence does the leftover clothing count as?

Su Bai directly asked: "Are these two questions raised by the prosecutor direct evidence?"

“The clothes left behind cannot prove what I was doing at the time of the crime. What can it mean?”

“Isn’t it just that Jiang Wei is suspicious?”

"I would like to ask the prosecutor, among the concepts you stated."

  “Is it possible to accuse criminals if there is suspicion?!”

“Or has the prosecutor ever thought that it is your concept that can easily lead to unjust, false, and wrongful convictions?”

Su Bai was able to see through this court trial.

In the opinion of the prosecutor, even if there is no direct evidence to prove that Jiang Wei is the murderer.

 But...Jiang Wei is the only suspect.

So the prosecutor insisted that Jiang Wei was a criminal suspect.

 Even if there is no direct evidence, we still insist on this idea.

  ? ? ?

How did the unjust, false and wrongful convictions come about?

 That’s how it came about!

 So just now, Su Bai directly stated the prosecutor's thoughts.

At the same time Su Bai asked rhetorically.

Xu Bo frowned and looked straight at Su Bai without saying anything.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)