As a Lawyer, You Sent the Judge In?

Chapter 360: The only suspect, must he be found innocent without direct evidence? !

Su Bai took the initiative to apply at the court hearing and decided that Huang Xuemei’s confession and testimony should not be accepted.

 This point is well-founded.

And Su Bai was also sure that the collegial panel or the presiding judge would not accept Huang Xuemei's confession.

Why?

 Because Huang Xuemei’s confession is seriously inconsistent with the objective facts.

 And he just emphasized this point.

Based on this situation, the collegial panel and the presiding judge will definitely not adopt this.

Su Bai raised his head and looked at the court seat, waiting for the presiding judge to make a judgment.

the other side.

 This court hearing was broadcast live to the public.

This case involves the poisoning of the highest university, which breaks many people's perceptions.

 So it has received widespread attention.

 In Luo Daxiang’s live broadcast room, many viewers raised questions:

“If you don’t understand, just ask, as a student of Beidu University, what does Huang Xuemei mean by this court hearing?”

 “I’m a little confused about the current situation.”

“All the evidence now points to Huang Xuemei. Is there anything else that needs to be answered? Why don’t we just go with something simple and get the death penalty?”

“Why can Huang Xuemei and her client lawyer still object and say anything about direct evidence and objective evidence? It makes my scalp numb.”

“Huang Xuemei is obviously the suspect!”

“Can anyone explain it? Teacher Luo, please explain it.”

“Yes, yes, Teacher Luo, please explain it. We don’t know much about this situation.”

 “I would like to hear Mr. Luo’s opinion on this case.”

 This case occurred in Beidu, especially involving universities.

Luo Daxiang also paid attention to this case. This time, he also took advantage of the public hearing to conduct a legal review in the first instance.

Seeing many fans and viewers in the comment area asking, Luo Daxiang smiled and explained:

“In this case, Huang Xuemei is indeed a criminal suspect, because her criminal suspicion has been proven through various aspects of evidence.”

“But in this case, Huang Xuemei did not plead guilty, which is an important point.”

“If you do not plead guilty, you need to use evidence to prove the objective facts of the crime.”

"Although...in this case, all the evidence points to Huang Xuemei and proves the suspicion of crime, but proving the suspicion of crime is not the same as proving her guilt."

“Here we need to talk about the chain of evidence.”

“In this case, the chain of evidence to prove Huang Xuemei is that Huang Xuemei took out highly toxic chemicals from the laboratory and brought them to the dormitory.”

“The entire process of applying highly toxic chemicals to Zhu Yun’s toiletries resulted in Zhu Yun being poisoned and sent to the hospital.”

“Judging from this chain of evidence, the prosecutor’s existing evidence is still a little short of proving that the highly toxic chemicals on Zhu Yun’s toiletries came from the highly toxic chemicals that Huang Xuemei took out from the laboratory.”

“If this can be proven, it can be concluded that Huang Xuemei intentionally attempted to cause death by poisoning.”

"Of course, I just said casually about this crime. It is not necessarily a charge, but it is similar."

“But if there is no evidence to prove this, there is a lack of direct evidence.”

“Therefore it cannot be proved that Huang Xuemei is the poisoner,”

 “Can you understand what I’m saying?”

 Leave a message in the comment area: "I can understand it, but...how do I prove it?"

Luo Daxiang nodded: "There are many ways to prove it, such as having eyewitnesses."

 “In other words, the criminal suspect pleads guilty and accepts punishment.”

“But I don’t know much about the specific circumstances of this case and what kind of evidence the prosecutor has. Please continue reading!”

 “If there is anything else that you don’t understand later, I will explain it again.”

.

 ….

 After Luo Daxiang finished explaining, he immediately turned his attention to the live broadcast of the court trial.

 At the court hearing.

Sun Zhengping, as the presiding judge, sounded the hammer:

 “For the situation stated by the lawyer entrusted by the victim.”

“The court will consider whether to adopt it when making its decision.”

 After speaking, Sun Zhengping then looked at the prosecutor’s seat:

“Does the prosecutor have anything else to say?”

Chen Le nodded: "Presiding judge, we agree with the situation stated by the victim's lawyer."

“Based on the current facts and circumstances, it can be seen that the issues stated by Huang Xuemei are all false confessions.”

 “Should not be adopted.”

"also."

“At present, Huang Xuemei is the biggest suspect of poisoning, and there are many doubts about her.”

“For example, the question asked by the lawyer entrusted by the victim just now, I would like to ask if the defendant Huang Xuemei can give an effective reply?”

Chen Le set his sights on Huang Xuemei.

Huang Xuemei said nothing. There was no need for her to give an effective reply to this kind of question.

 The current situation is that the prosecutor has no evidence to prove that she is suspected of poisoning.

 If you talk too much, you may make mistakes.

˜Remain silent without speaking, and the entrusted lawyer will naturally be able to provide legal explanations.

 At that time, unnecessary troubles will also be reduced.

 Chen Le didn’t pay too much attention to Huang Xuemei’s failure to answer his questions and continued to speak:

“Presiding judge, let’s look at the existing chain of evidence.”

“Huang Xuemei’s remarks should be rejected and she brought highly toxic chemicals into the dormitory.”

“In the dormitory, chemicals were detected only in Zhu Yun’s toiletries.”

“This is consistent with the chemicals Huang Xuemei brought out from the laboratory. Based on this situation, we think it should be determined.”

At this time, as Huang Xuemei's attorney, Wan Xiangdong immediately spoke: "Presiding judge, I will refute."

“I would like to ask why the prosecutor wants to apply for a judgment?”

 “Which point does it rely on?”

“I know the general meaning of the prosecution. The prosecution’s statement shows that Huang Xuemei brought highly toxic chemicals into the dormitory.”

“Huang Xuemei and Zhu Yun had conflicts, so they had the motive to commit the crime.”

“Then when Huang Xuemei brought the highly toxic chemicals into the dormitory, she also smeared the highly toxic chemicals on Zhu Yun’s toiletries.”

“Is this what the prosecutor said?”

 Chen Le: “That’s right.”

Wan Xiangdong: “But does the prosecutor have evidence that Huang Xuemei put chemicals into Zhu Yun’s toiletries?”

“The prosecution only has evidence that Huang Xuemei brought highly toxic chemicals from the laboratory to the dormitory.”

“There is also a conflict between Huang Xuemei and Zhu Yun.”

 “But what about the others?”

“For example, let’s talk about the process of smearing, how it was smeared, and whether it was smeared by Huang Xuemei.”

 “Is there any evidence to prove it?”

“How can the prosecutor prove that the chemicals applied in Zhu Yun’s toiletries were brought by Huang Xuemei from the laboratory?”

“If it is said that there is a conflict between Huang Xuemei and Zhu Yun, it means that Huang Xuemei deliberately poisoned her.”

“Then I can only say that the prosecutor’s statement is completely unfounded, and the judgment and punishment rely entirely on personal subjectivity!”

 Chen Le frowned slightly:

“We do not rely on subjective judgments, but make judgments based on existing objective facts and indirect evidence.”

 “It can be clearly shown based on the timeline.”

“Huang Xuemei and Zhu Yun went to the laboratory to steal highly toxic chemicals after a huge conflict broke out.”

“After stealing the highly toxic chemicals, Zhu Yun was poisoned not long after.”

“It can be clearly seen from the timeline that the murderer is Huang Xuemei.”

Wan Xiangdong emphasized again: "I still have the same question. I would like to ask, does the prosecution have evidence to prove that the chemicals applied to Zhu Yun's toiletries were brought by Huang Xuemei from the laboratory?" Chen Le: "In In this case, no one else entered Huang Xuemei and Zhu Yun’s dormitory during the poisoning time, only the people in this dormitory!”

“That means only people in the dormitory can have access to Zhu Yun’s toiletries!”

“From this point of view, Huang Xuemei’s criminal behavior is obvious!”

Chen Le also responded.

In response to Chen Le's response, Wan Xiangdong smacked the table.

 “I just want to ask the prosecutor a question!”

“What the prosecutor said is indirect proof and is based on subjective speculation!”

 “But what about reality?”

“In fact, the prosecutors were unable to provide effective evidence to prove that Huang Xuemei committed poisoning.”

“The prosecution is saying that Huang Xuemei stole chemicals from the laboratory, but is there a possibility..."

“Did other people in the dormitory steal the chemicals Huang Xuemei stole from the laboratory and poison them?”

 “Is there such a possibility?!”

“Even if there is a one in 10,000,000 possibility, the so-called indirect evidence cannot prove that Huang Xuemei committed poisoning!”

 “To prove that Huang Xuemei committed poisoning.”

 “Then we would like to ask the prosecutor to present substantive evidence!”

“I think the prosecutor also knows what the substantive evidence we stated is.”

“This kind of substantial evidence is how the prosecution can prove that the chemicals Huang Xuemei stole from the laboratory are the same batch of chemicals that were put into Zhu Yun’s toiletries!”

 “Is there any evidence to show that?!”

“If there is no evidence to prove it, we also ask the prosecutor to withdraw the so-called statement.”

“Because the prosecutor’s so-called statement is simply speculation without facts!”

“There is no direct evidence in the criminal case, how can we determine that our client is the criminal?”

“In our opinion, just relying on the existing evidence, there is no complete chain of evidence in this case!”

“So we apply to the court to the presiding judge to reject the lawsuit application submitted by the prosecutor and rule us not guilty!”

Wan Xiangdong looked up at the presiding judge's seat.

 What should I say about this case... He had already made preparations beforehand.

Even if Huang Xuemei is the poisoner, he can still help Huang Xuemei escape the punishment of the law.

 This is not because of anything else.

  But because it is in the evidence submitted by the prosecution.

 There was just such a key piece of evidence missing, so he just had to stick to it.

So what if everyone knows that Huang Xuemei is the poisoner?

 As long as the results are just, no need for procedural justice? !

 Without procedural justice, are the legal results still just?

To be honest, this is also the focus of Wan Xiangdong!

 If justice is the result, there will be major loopholes in the procedure.

 However, if procedural justice is followed, Huang Xuemei will be acquitted.

certainly.

 This court trial aroused huge public opinion.

According to what Wan Xiangdong knows, the court will not make a judgment based on the justice of the result.

 If the proper procedures are missing, the legal construction over the years will be hugely criticized.

so.…

No matter whether Huang Xuemei is a poisoner or not, as long as there is no evidence, then Huang Xuemei is not a criminal!

 Even if the lawyer entrusted by the victim is the top criminal lawyer in the country.

 But there is no evidence, how can we carry out a void judgment? !

to be honest.…

Concerning the statements made by the attorneys entrusted by the prosecutor and the defendant just now.

　　Su Bai heard this and knew clearly what the key points of this case were.

 This issue was also the difficulty that Su Bai considered when he came into contact with this case at the beginning.

How to prove that the chemicals Huang Xuemei brought out from the laboratory were the chemicals that poisoned Zhu Yun.

 This is direct evidence!

 Indirect evidence is the relevant objective facts stated by the prosecutor.

 Direct evidence is particularly important in this case.

how to prove?

 How to use indirect proof to achieve the procedure of direct proof?

 This question is a difficult one!

 According to relevant procedures, if there is a lack of direct evidence to determine that Huang Xuemei is guilty of a crime.

 Procedurally unfair.

Although the result is just, the key lies in the fact that there are certain problems with the evidence chain.

The court will definitely listen to the defendant’s opinions and is very likely to make a not guilty verdict in the first instance.

“Presiding Judge, we would like to add some content.”

Su Bai raised his hand to signal.

“Please ask the victim to entrust a lawyer to make supplements.”

 At the trial bench, Su Bai wanted to add content, but the presiding judge agreed.

 After getting the agreement, Su Bai said:

“In this trial, the prosecution has stated indirect objective facts.”

“The lawyer appointed by the defendant believes that there is no direct evidence to prove that Huang Xuemei committed poisoning.”

“Both parties have different defense behaviors in terms of indirect and direct evidence.”

 “Here I would like to ask Huang Xuemei.”

“When I asked you just now, why did you say that you lost your chemicals?”

 “This is obviously a subjective act of lying.”

“From a psychological point of view, there is subjective lying behavior, just to cover up certain facts.”

 “Let’s look at this case from other angles.”

“Direct evidence other than the criminal’s confession.”

“Also includes direct eyewitnesses and evidence.”

“The whereabouts of chemical evidence is also key to direct determination.”

“Here I would like to ask the witnesses a few days before the incident.”

“Have you noticed anything unusual about Huang Xuemei?”

 Abnormal?

Yao Qing, who was in the witness seat, nodded after hearing Su Bai's question: "There are some abnormalities."

“In those few days, Huang Xuemei kept telling us to use the cups separately.”

“Also… I am usually very hostile to Zhu Yun and will say bad things about Zhu Yun to us.”

“But there seems to be less time in those days.”

　　　….”

 During Su Bai's questioning of witnesses.

Wan Xiangdong, who was sitting at the defendant's lawyer's seat, frowned slightly, but then relaxed his brows.

What is the use of asking a lawyer for the victim to ask these questions?

The key to determining this case is direct evidence!

 There is no direct evidence, so if the victim entrusts a lawyer, the trial will be a waste.

Isn’t it still impossible to determine the facts of Huang Xuemei’s crime?

 It’s useless!

It’s useless to ask so many questions.

 In his opinion, in this case, there is a great possibility that Huang Xuemei will be found not guilty in the first trial! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)