As a Lawyer, You Sent the Judge In?
Chapter 310: Vice dean, do you want to send yourself in?
Chapter 310 Vice President, do you want to send yourself in?
Xu Bo wants to refute?
He wants to refute!
After all, this is a live trial.
The public opinion about this case is so loud, and the other party's remarks are completely accusing him.
But how to refute?
That's what he originally thought, all the criminal suspects were on Jiang Wei.
So why is Jiang Wei not a criminal?
Xu Bo has been a public prosecutor for so many years and has handled hundreds of cases.
99% of them are when the crime suspect points to the same person.
The criminal in this case is the criminal suspect!
In this case, let’s not talk about anything else.
Tell me why all the suspicions point to Jiang Wei.
Including the clothes left behind and whereabouts at that time, why couldn’t Jiang Wei explain these?
Or why no one can prove that Jiang Wei did not commit the crime at that time?
what is the reason?
The reason is that Jiang Wei committed a crime!
Isn’t this an obvious fact? !
There is nothing else to discuss, there is no room for discussion at all!
Xu Bo didn’t know how to refute Su Bai’s question in the court hearing.
So he directly raised his hand to indicate:
“The appellant entrusted a lawyer to state matters unrelated to the trial at the trial.”
“The statement just made by the lawyer entrusted by the appellant has already involved questioning me personally.”
“So I applied to the presiding judge to ask the appellant’s lawyer to stop interfering and questioning my personal issues, and to give me a corresponding warning!”
? ? ?
Facing Xu Bo's rebuttal, Su Bai was stunned for a moment.
What does it mean to state content that is not relevant to the trial?
This case can be clearly seen from the bright side, that is, the prosecutor believes that Jiang Wei is the murderer.
Hence, we have been emphasizing other content, such as the remaining clothing that is not direct evidence.
Again.
The Supreme People's Procuratorate has intervened and stated that there are no objective facts and no objective evidence to prove that Jiang Wei committed a crime.
It stands to reason that as a public prosecutor, you should refer to the opinions of the Supreme People’s Procuratorate, right?
General reversal of the case involves the Supreme People's Procuratorate.
This means that under certain circumstances, no other proof of guilt can be found in this case.
In this case, Xu Bo still wants to accuse Jiang Wei.
? ? ?
Why?
Of course, Su Bai knew what Xu Bo was thinking about.
Most of the unjust, false and wrongful convictions were due to the fact that the law enforcement officers or prosecutors at the time identified the only criminal suspect.
In this case, Xu Bo created the illusion that all situations are like this.
Actually?
Actually not!
In the probability of such cases, the proportion of unjust, false and wrongful convictions is small, but it does not mean that there are none!
This is also the reason why procedural justice has always been emphasized in the judiciary.
Because procedural justice is emphasized, the possibility of certain unjust, false, and wrongful convictions is eliminated.
.
….
Su Bai was about to refute Xu Bo, when the presiding judge Shen Yao, who was sitting on the bench, sounded the hammer.
Dong dong dong!
“The questioning by the lawyer entrusted by the appellant is not relevant to the issues in this trial.”
“Here is a reminder to the attorney entrusted by the appellant.”
? ? ?
remind?
Looking at the presiding judge with a serious face in the court hearing.
Alright...just remind me.
Su Bai didn’t care too much about this issue.
It can only be seen that the presiding judge is obviously biased in favor of the prosecutor.
but.…
Having said that, no matter whether the presiding judge favors the prosecutor or not in this case.
In the case of such a public hearing.
Especially when the Supreme People’s Procuratorate intervenes and requires a retrial.
If the prosecutor cannot produce direct evidence, then the case must be overturned!
Don’t translate?
Ahem.…
Su Bai glanced at Li Xuezhen.
Li Xuezhen was turning back and forth between the prosecutor's seat and the trial bench with gleaming eyes.
.
….
At the judgment seat, Shen Yao continued to speak:
“Based on the pleas just made by the appellant and the prosecution.”
“Now the collegial panel has made a relevant summary.”
“In response to the appeal with the appellant, Jiang Wei was found not guilty based on—
First, there are no objective facts and no objective evidence.
Second, in the first and second trials of Jiang Wei, illegal evidence was found. "
“The public prosecutor’s opinion is that the possibility of Jiang Wei committing a crime cannot be ruled out.”
“Does all parties have any objections to the above summary?”
The presiding judge summarized these points very well, so Su Bai and Xu Bo had no objections.
Following that, Shen Yao spoke again, but this time she was questioning the prosecutor:
“The prosecutor’s statement just now increased the suspect Jiang Wei’s criminal suspicion.”
“But in the whole case, I want to prove Jiang Wei’s criminal suspicion..."
“The clothes left behind cannot be used to prove Jiang Wei’s suspicion of crime.”
“Because the clothing left behind does not prove that it was left behind after the crime.”
“Does the prosecutor know this in his heart?”
Su Bai was stunned for a moment by the presiding judge's questioning of the prosecutor.
? ? ?
What is the presiding judge doing?
The issue of application for recusal was still being rejected just now, but now the problem is directly directed at the prosecutor?
Su Bai didn't understand some of the presiding judge's actions.
Facing the presiding judge’s question, Xu Bo slowly spoke:
“In this case, all suspicions point to Jiang Wei.”
“And there is witness testimony and indirect evidence.”
“Furthermore, Jiang Wei has not ruled out his own criminal suspicion at all.”
Xu Bo changed the subject when facing the presiding judge’s question.
“So is there any direct evidence to prove that Jiang Wei committed a crime?”
At the trial table, Shen Yao asked again.
"No."
Xu Bo spoke: "This case occurred 13 years ago, when evidence was being collected."
“No DNA from the victim related to the perpetrator was collected.”
“So there is no direct evidence to prove it.”
“Then you mean that in this case, there is only relevant indirect evidence and the ambiguity of witness testimony.”
“There is no relevant direct evidence to prove that Jiang Wei was the perpetrator at that time, right?”
“Yes, Judge.”
After hearing Xu Bo's answer, Shen Yao looked at the client Jiang Wei again at the trial table.
“Now let’s check some of the circumstances at that time with the parties concerned and ask for their cooperation.”
Jiang Wei turned his head and glanced at Su Bai, feeling a little uneasy in his heart.
how to say.
After all, this case has finally been retried, and we have gone through so much in the trial just now.
Especially the confrontation between Su Bai and the chief judge.
Jiang Wei was a little nervous when facing the presiding judge, for fear that something else would happen and cause the case to fail.
If you lose the case.…
He cannot afford the consequences….
So he couldn't help but look at Su Bai subconsciously.
but.…
After seeing Su Bai nodding to tell him not to worry, Jiang Wei's heart became calmer and he nodded:
“Okay, presiding judge.”
Shen Yao’s eyes fell on Jiang Wei.
She has also learned about this case in detail. As the presiding judge, she knew what Xu Bo was thinking.
Also know what the key point of this case is.
The key point in this case is whether Jiang Wei is the real criminal.
If Jiang Wei is the real criminal, then because he entrusts a lawyer to defend the criminal in court, he will always use the law.
So is it fair to the victims? unfair!
Thinking of this, Shen Yao, as the presiding judge, asked:
“Based on evidence provided by law enforcement and prosecutors.”
“The piece of clothing you had at that time was in your own home. You even wore that piece of clothing while walking around the village two days ago…”
“These have been confirmed by relevant evidence.”
“You can’t explain why your clothes appeared in the victim’s house, can you?”
Jiang Wei looked sad: "Yes!"
“I don’t know why my clothes showed up at the victim’s house.”
“I remember that I had worn that piece of clothing at that time, and then I put it somewhere and couldn’t find it.”
“Then he showed up at the victim’s house.”
“I don’t know why your clothes appeared in the victim’s house, and I can’t explain your whereabouts that night.”
“No one can confirm where you went, right?”
Shen Yao continued to ask.
"Yes...I went out for a walk that night. Strangely enough, I always met people when I went out for a walk."
“But that night, I went out for a walk and didn’t meet anyone.”
“No one can confirm where I went.”
“According to what you said, you can’t prove that you are not suspected of committing a crime, right?”
“Yes, the judge.”
"Um!"
Shen Yao nodded and turned to look at the other two members of the collegial panel.
This case has progressed to this point. In fact, the relevant situation has become very clear.
There are only two points in this case -
First, there is no direct evidence to prove that Jiang Wei committed a crime.
Second, all criminal suspicions point to Jiang Wei, and Jiang Wei has no evidence to prove that he has not committed a crime.
This case has reached a deadlock.
Is the criminal Jiang Wei?
Shen Yao could not judge this point. She still needed to listen to the opinions of the other two members of the collegial panel.
Then the hammer was struck.
“Adjourn the court!”
.
….
The court is adjourned.…
During the recess.
Some doubts have also cropped up in various legal commentary live broadcast rooms.
For example, why does the prosecutor continue to rebut the plea.
And this time, why was the court adjourned inexplicably?
These two points are the most concerning content when watching the live broadcast of this court hearing.
In response to these two points, someone in the live broadcast room also gave relevant explanations.
“The prosecutor continued to refute, firstly, to reduce his responsibility, secondly, Jiang Wei is indeed suspected, and thirdly, it may be the reason mentioned by lawyer Su.”
“As for why the court adjourned….”
“Actually, this case has progressed to this point. There is nothing more to say. The adjournment should be to discuss the verdict.”
With someone explaining, everyone in the live broadcast room was also looking forward to the outcome of this reversal of the verdict.
.
….
On the other hand, this is the second adjournment of this case.
The first adjournment is to discuss whether to agree to apply for recusal.
This second adjournment is to discuss related issues of penalty and sentencing.
As for the judgment of this case, in fact, the collegial panel knew about the case at the beginning.
It is also very clear what is the most important thing about this case.
It is nothing more than what Su Bai stated without direct evidence and illegal evidence.
There is currently no direct evidence to supplement the fact that Jiang Wei has committed a crime.
As for the signature of illegal evidence.…
how to say.…
Shen Yao didn't quite understand the signature of this illegal evidence.
Because most of the unjust, false and wrongful cases are due to coercion.
Use certain means to get the criminal suspect to admit his crime.
And there will be no clues or evidence left behind for many years, making it impossible to trace.
It is very difficult to reverse the verdict.
That’s why forging evidence like in Jiang Wei’s case is rare!
Shen Yao spoke:
“…the relevant evidence has been seen before…”
“This trial...to be honest, there’s not much to say in terms of the evidence.”
“What do you two think?”
Li Xiangqian and Ma Da have similar views on this case to Shen Yao.
This case.…
how to say.
In terms of evidence, there are indeed deficiencies.
But at this time, Ma Da put forward a point -
“The biggest shortcoming of this case is that there is no direct evidence.”
“But there is no fact that can prove that Jiang Wei has not committed a crime.”
“So...I think if you think about it from this aspect, then this case involves a lot of things.”
Shen Yao nodded in agreement: "Actually, this issue is also the most critical issue I consider."
Then he turned to look at Li Xiangqian: "What do you think?"
For this issue, Li Xiangqian, Shen Yao and Ma Da have different views.
Li Xiangqian spoke: "This case is a retrial case..."
“We need to make a judgment based on the evidence as to whether the parties concerned are guilty and whether the case should be overturned.”
“In the absence of direct evidence, it is impossible to clear Jiang Wei’s suspicion.”
“However, he cannot be found guilty.”
“In this case, the verdict should be overturned, right?”
After Li Xiangqian expressed his thoughts, Shen Yao frowned slightly.
to be honest.…
Whether this case can be overturned or not, in her opinion, depends on certain circumstances.
This case is not a verdict of guilty or not guilty, but a retrial of the case from that year.
In other words, can you give Jiang Wei a clean slate...
In Shen Yao's heart, she is leaning towards the prosecutor.
"we'll see.…"
Hearing Shen Yao speak, Li Qianqian frowned slightly.
? ? ?
What does it mean to look again?
This case is already obvious, there is no evidence and no facts.
If the Supreme People's Procuratorate still intervenes and the case is not overturned, what are you going to do?
Look again? What to see?
Want to send yourself in?
This court hearing was a live broadcast, although there were some conflicts when I applied for recusal just now.
But you won’t get into trouble with yourself because of this, right?
Li Xiangqian originally wanted to say something else, but Shen Yao continued to speak:
“I have a good idea about this case...”
Hearing this, Li Xiangqian breathed a sigh of relief.
As the vice-president of the High Court, it’s good to be measured.
Otherwise...it would be completely sending yourself inside!
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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