As a Lawyer, You Sent the Judge In?
Chapter 363: As a result of the judgment, the criminal facts are clear and must not be
Chapter 363 Judgment result: The criminal facts are clear and no objection is allowed!
After the prosecutor has submitted new evidence and the court notifies all parties of the hearing time for another hearing.
Soon, the court hearing was held again.
This time, at the trial bench, Sun Zhengping repeatedly confirmed and sorted out new evidence and facts.
New evidence and facts have made it possible to make a preliminary determination.
However, the specific situation still depends on the performance of the parties at the trial.
in addition.…
During this trial, Huang Xuemei refused to plead guilty, which made the case extremely difficult to investigate and determine.
This case has been determined and will not be judged by surrendering.
If Huang Xuemei is convicted of poisoning.
In this case, Huang Xuemei’s sentence and punishment should be very serious.
On this point, Sun Zhengping and the members of the collegial panel have discussed various situations in advance.
.
….
at the same time.
After the trial began, people watching the live broadcast of the trial online were also discussing whether the prosecutor would present new evidence this time.
Whether the re-submitted evidence can punish Huang Xuemei.
“I’ve read a lot of comments from big names in the legal circle, and if there is no new evidence for certification this time.”
“Then Huang Xuemei is very likely to be acquitted!”
“This case is difficult! Could it be that Huang Xuemei’s confession has been proved in detail?”
“I don’t know! This case has indeed had twists and turns. Now that the trial is reopened, we can only hope that the prosecution will have direct evidence to prove Huang Xuemei’s criminal facts.”
“Can’t let the criminals escape!”
“Yes, yes, yes, we will never allow the criminal to escape!”
….”
The trial had just begun and before it officially started, a large number of messages appeared in the comment area.
It can only be said that this case has attracted a lot of attention.
At the court hearing.
Sun Zhengping, as the presiding judge, directly asked the prosecutor to start submitting new evidence.
Because the previous discussion on this case has actually made a certain degree of certainty.
That is, if you want to convict Huang Xuemei of guilt, you must provide direct evidence to prove it, or necessary indirect proof.
The hammer rang, and Sun Zhengping spoke: "This court session will continue with the trial of Huang Xuemei's poisoning case."
“The prosecution is now requested to submit new factual basis.”
“A good judge,”
Chen Le nodded slightly.
At the beginning, the prosecution did not find any favorable evidence because of time constraints and because they felt that the breakthrough point might be Huang Xuemei.
But now there is evidence.
As the prosecutor in this case, Chen Le has a clearer understanding of Huang Xuemei’s conviction.
Facing the presiding judge’s request to submit new factual evidence, Chen Le spoke:
“According to the additional evidence provided by the prosecution after adjourning the trial.”
“New evidence is now available, which is evidence of residues of chemicals Huang Xuemei stole from the laboratory.”
“Based on the prosecution’s findings.”
“After Huang Xuemei stole chemicals from the laboratory, she took them to the dormitory. After poisoning, Huang Xuemei hid the remaining chemicals in a corner of the campus.”
“We have submitted all relevant evidence.”
….”
“It has been confirmed that the chemicals Huang Xuemei hid in a corner of the campus were of different amounts from the chemicals stolen from the laboratory.”
“According to the test, it can be concluded that the amount of chemicals involved in Zhu Yun’s poisoning is not much different from the amount of chemicals Huang Xuemei stole from the laboratory divided by the amount of chemicals hidden in corners of the campus.”
“This evidence can further confirm that the chemicals Huang Xuemei stole from the laboratory were used to poison Zhu Yun.”
“Additionally supported by other objective evidence and facts, it is shown that Huang Xuemei poisoned Zhu Yun.”
“Based on the above, it can be determined that Huang Xuemei is a poisoner herself.”
After Chen Le finished his statement, you can see that Wan Xiangdong's expression changed obviously in the seat of the defendant's attorney.
At the judgment seat.
Sun Zhengping nodded slightly and then looked at the defendant's attorney's seat.
“The defendant has entrusted a lawyer, do you have any other views on the new evidence submitted by the prosecution?”
After listening to the prosecutor's statement, Wan Xiangdong knew that this piece of evidence would have a very negative impact on Huang Xuemei.
but!
Whether to make a judgment depends on the defense.
Wan Xiangdong has nothing to say about this trial except for one thing - there is no direct evidence!
Wan Xiangdong said: "Presiding Judge, we have other opinions."
“We do not agree with the prosecution’s prosecution based on this point.”
“We still insist on one point of view. There are no witnesses and direct evidence to prove that we poisoned, so we do not accept such accusations.”
At this time, Chen Le spoke again: "The lawyer entrusted by the defendant stated that he did not accept this point of view, but he did not provide any realistic facts to deny our statement."
“I would like to ask the lawyer appointed by the defendant, what you said is that you don’t agree with it. On what basis do you disagree?”
Wan Xiangdong said: "We still maintain the view that there is no direct evidence to prove that Huang Xuemei is the poisoner."
“According to the prosecutor’s statement, what does the fact that Huang Xuemei hid chemicals in a corner of the campus prove?”
“This fact cannot prove anything, it can only prove that Huang Xuemei wanted to hide the chemicals in the corner of the campus.”
“Can Huang Xuemei be charged with poisoning based on this?”
“No way!”
“So we still maintain the view of innocence.”
Wan Xiangdong’s statement is, how should I put it, untenable, completely untenable.
Just now Wan Xiangdong just stated that Huang Xuemei hid the chemicals in a corner of the campus.
However, it is not stated based on objective factual conditions.
What are the actual objective conditions?
The actual objective conditions refer to previous objective evidence, indirect evidence and witness testimony.
Based on the above, the entire crime process is very clearly displayed.
Why do you say that?
The first point is Huang Xuemei’s criminal motive. Out of jealousy of Zhu Yun, she stole highly toxic chemicals from the laboratory.
The second point is whether Huang Xuemei used highly toxic chemicals for poisoning.
This important link was missing from the previous criminal history.
There is no evidence to prove that Huang Xuemei used highly toxic chemicals for poisoning.
So he cannot be found guilty.
But what about now?
Now that the remaining highly toxic chemicals have been found, Huang Xuemei’s poisoning behavior has been proven with objective primary evidence after ruling out other possibilities.
This important link that was missing before has also been made up at this time.
From this point of view, the evidence chain is complete. As for Wan Xiangdong’s statement that there is no direct evidence, this is completely nonsense.
The chain of evidence is complete, but you still say there is no direct evidence?
The direct evidence you said is just the direct evidence you think it is.
Rather than fact there is no direct evidence.
Su Bai immediately refuted Wan Xiangdong’s statement:
“Presiding Judge, we do not agree with the statement made by the lawyer entrusted by the defendant.”
“First of all, the lawyer entrusted by the defendant obviously avoided relevant circumstances in this trial.” “Huang Xuemei hid chemicals on campus. Judging from this fact alone, it really cannot prove anything.”
“But what about reality?”
“Actually, this case was not confirmed from a single perspective.”
“But confirm from the whole facts.”
“During the last court hearing, we have stated and asked many times why Huang Xuemei stole highly toxic chemicals from the laboratory.”
“No response was received.”
“At that time, the lawyer entrusted by the defendant stated that although Huang Xuemei was hostile to Zhu Yun, there was no actual evidence to prove that it was Huang Xuemei who carried out the poisoning.”
“Then let’s look at the evidence found so far.”
“Huang Xuemei has obviously used highly toxic chemical substances, so where were the highly toxic chemical substances used?”
“According to the physical evidence, it was used on Zhu Yun.”
“This is objective factual evidence, although the lawyer appointed by the defendant wants to state that Huang Xuemei did not poison.”
“But how does the defendant refute this objective fact?”
“I would like to ask the lawyer appointed by the defendant, how did you prove Huang Xuemei’s innocence?”
“If you want to prove Huang Xuemei’s innocence, you need to explain where the missing doses of chemicals went.”
“There are now objective facts to prove Huang Xuemei’s poisoning behavior.”
“Can the lawyer entrusted by the defendant or Huang Xuemei herself prove where the missing chemicals went?”
“Or are there any facts to prove it?”
“If there are no facts to prove it, how can we confirm innocence?”
Su Bai’s statement is undoubtedly sharp for the defendant.
From the perspective of objective facts, the current chain of evidence is sufficient.
It is completely possible to determine Huang Xuemei’s poisoning behavior.
Huang Xuemei said that she did not poison, or was explaining her behavior.
Completely explainable.
However, given the existing objective facts, your explanation must also have objective facts.
Otherwise, your suspicions and guesses will have no legal validity.
You just want to rely on your confession to overturn the objective facts presented by the prosecution, is that possible?
Totally impossible!
Previously, in the absence of objective facts, Huang Xuemei could refute, remain silent, or speculate. It could also be said that there were many possibilities and the court was not allowed to determine guilt.
But things are different now.
After the prosecution has obtained the evidence, if Huang Xuemei cannot provide corresponding evidence.
Then the court can judge Huang Xuemei based on the objective evidence submitted by the prosecutor.
At this time, even if Huang Xuemei does not plead guilty, she will accept punishment.
In the face of absolute objective facts, relevant judgments must also be accepted.
Facing Su Bai’s inquiry, Wan Xiangdong sat silently on the entrusted seat.
This question was something he hadn't thought of.
From Su Bai's perspective, they really couldn't come up with objective facts to deny their guilty behavior.
But how to say it...
Wan Xiangdong still chose to insist on using direct evidence to refute.
“Presiding Judge.”
“Although the current evidence can accuse Huang Xuemei of committing a crime, there is still a certain possibility that it is a coincidence.”
“So we still think this evidence needs to be supplemented.”
“Based on the available evidence, Huang Xuemei cannot be sentenced.”
Possibility.…
In previous court hearings, Wan Xiangdong raised this possibility many times.
But there are actually many things that the defendants Huang Xuemei and Wan Xiangdong cannot explain.
For example, if there was no intentional poisoning, why would you steal the de-drugs from the laboratory if there was no poisoning?
Why do you lie?…
And why should we hint to roommates...
And where the missing chemicals went.
These are things that Huang Xuemei and Wan Xiangdong cannot explain, and the relevant matters have been determined through objective facts.
Even though Wan Xiangdong proposed this kind of coincidence, due to various objective factors, this kind of coincidence is almost zero.
The court will generally not adopt this situation when making its judgment.
There is no doubt that Wan Xiangdong’s explanation is very weak.
There is no point in continuing to argue.
The evidence and facts were clear, Su Bai spoke directly:
“Presiding judge, according to the existing evidence, the evidence chain of Huang Xuemei’s criminal facts is complete.”
“We apply to determine whether Huang Xuemei has committed poisoning.”
Su Bai directly filed an application for judgment and did not give Wan Xiangdong a chance to reply.
Because there is no point in continuing the defense.
The debate is nothing more than that one point of view, and this point of view is very clear based on the existing evidence.
but.…
When Su Bai applied for judgment, Wan Xiangdong frowned slightly and wanted to raise an objection.
However, Sun Zhengping on the bench knocked the hammer and refuted it.
“The facts are now clear, and the collegial panel has also understood the views stated by the lawyer entrusted by the defendant.”
“Is the point stated by the lawyer entrusted by the defendant to state that Huang Xuemei cannot be judged without eyewitnesses and Huang Xuemei’s confession and punishment?”
Wan Xiangdong nodded: "Yes, the presiding judge."
Sun Zhengping: “Since that’s the case, there’s no need to make other statements.”
“Now we will determine whether Huang Xuemei committed poisoning.”
On the bench, Sun Zhengping simply sorted out some materials and then spoke:
“From indirect facts, objective evidence and physical evidence, etc.”
“Huang Xuemei cannot provide a strong rebuttal to the factual evidence presented by the prosecution, or submit relevant factual evidence.”
“There is a complete chain of evidence regarding Huang Xuemei’s poisoning of Zhu Yun.”
“It is now determined that Huang Xuemei committed poisoning.”
“If there are no other objective facts, no objections shall be raised!”
The hammer rings and the judgment ends.
The voice fell on the court, directly determining the factual result of Huang Xuemei's poisoning.
At the hearing seat, Huang Tao, as Huang Xuemei’s father, felt his heart skip a beat after hearing Huang Xuemei’s verdict.
Looking at the judgment seat with a confused expression.
No, didn’t Wan Xiangdong say that the trial should continue and there were no other issues?
He found Huang Xuemei not guilty in the first trial, and the arrangements for going abroad have been made!
Now the presiding judge actually decided that her daughter had committed a crime? !
this.…
It’s not just Huang Tao who is wrong.
When Huang Xuemei heard the judgment result, a pale white suddenly appeared on her face.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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