As a Lawyer, You Sent the Judge In?

Chapter 369 The Supreme People’s Procuratorate protested and designated the High Court to hold a hearing

 In criminal cases, all charges must be based on evidence.

 This is the case faced by Xu Xingwang.

 At the time of the original accusation, Wang Fang was undergoing trial.

 Basically, there is not much left to handle.

 In other words, it is difficult to trace back now.

Why do you say that?

 First: Wang Fang conducted the trial in violation of procedural rules. According to Xu Xingwang, he used coercion.

But how was it forced?

 Is there any evidence to prove that it was forced?

 You said that you were beaten, or that you stood for three days without sleeping.

 Is there any evidence?

 Where is the evidence?

You can't provide any evidence to say that you were beaten or that you stood for three days without sleeping.

Then why are you going to accuse others? You are being forced?

 All judgments need to be based on evidence!

 Without evidence, it is just empty talk, especially for cases that occurred more than 20 years ago.

 After all, so much time has passed in the timeline, and many clues have been interrupted.

  It is difficult to obtain relevant certifications.

Su Bai checked online specifically and found that Wang Fang was less than 30 years old more than 20 years ago.

In a situation like this, what else can there be besides Xu Xingwang’s confession?

 Hence, this case involves many issues and the circumstances involved are relatively complex.

 Just from the aspect of applying for reexamination, it is quite difficult.

 An appeal relies on new evidence, which must be based on the entire history of the case.

 In the office.

Su Bai once again sorted out the entire information in the file and asked Xu Xingwang many times about the specific details of the case.

 After several days.

Su Bai compiled the main new evidence that changed the verdict in this case.

　　　…

 After discovering new evidence, Su Bai took a long breath and rubbed his eyebrows.

 This case...is different from previous unjust, false and wrongful cases.

  Previous unjust, false and wrongful cases all had obvious problems of missing evidence.

 But in this case, I don’t know if Wang Fang deliberately wiped out the entire clue process, or if it was covered up.

 This makes it very difficult to find new primary evidence.

But now I finally have a basis for appeal.

Xu Xingwang’s case went through the first and second trials, and more than 20 years passed.

If you want to apply for appeal again and change the sentence, you can only apply to the Supreme People's Procuratorate for a retrial.

 After sorting out relevant materials and new factual basis.

Su Bai applied for a protest to the Supreme People’s Procuratorate.

Although this case took place more than 20 years ago.

  However, the relevant dossier information and other matters are still relatively complete.

 According to Su Bai's estimation, the Supreme People's Procuratorate will make a relevant judgment on this case within one month.

 Deciding whether to file a protest.

 A month is not a long time.

 Soon, a month passed, and the Supreme People's Procuratorate also responded to Xu Xingwang's case during this period.

 The Supreme People's Procuratorate believes that the new evidence submitted by Su Bai is valid evidence in this case.

In other words, the Supreme People’s Procuratorate believes that there is no direct evidence to prove that Xu Xingwang committed a house invasion, robbery and murder in this case.

Based on this...the Supreme People's Procuratorate believes that this case should be retried.

 The case was therefore dismissed to the Jiangdu High Court for retrial.

Jiangdu High Court also quickly launched a corresponding investigation into this case.

 And prepare to re-trial the case based on the current situation.

Although this whole process is not too complicated, the progress of each process is very slow.

 Because it is necessary to check repeatedly to ensure that there are no other situations.

 So it took nearly three months from the time Su Bai took over the case to the retrial.

 When he learned of the retrial, Su Bai immediately informed Xu Xingwang of the situation.

 Xu Xingwang was very happy after hearing the news.

 After all, he has been in prison for more than 20 years, and now he finally has a chance to redress his grievances!

Jiangdu High Court completed its investigation.

 The relevant details of this case were also quickly sorted out, and all parties were notified of the specific time for the hearing.

.

 ….

at the same time.

 Wang Fang’s home.

Wang Fang also received a notice of the hearing of this case. Someone told her.

but.…

To be honest, Wang Fang has handled a lot of cases.

  She still clearly remembers the case of Xu Xingwang 23 years ago!

 Because this case caused constant quarrels in Jiangdu at that time, and due to the deliberate spread of the case by the media, it caused a great impact.

 The above mentioned attach great importance to this case.

 But there is no key information to solve the case.

 So she was asked to take over the case from other criminal investigators.

 Having conducted a fact-finding investigation on this case.

 Soon she confirmed that the murderer of the home invasion and robbery was Xu Xingwang.

 And Xu Xingwang was asked to plead guilty and accept punishment.

 Why can she remember it so clearly?

 Because it was this case that allowed her to get recognition from her leadership, and she got her current position.

but.…

How should I put it? At that time, all criminal suspicions pointed to Xu Xingwang.

 In her opinion, Xu Xingwang was very tough and did not provide any confession.

The boss takes this case very seriously. If she wants to make meritorious deeds, she must use other actions.

Of course, it was successful in the end, and Xu Xingwang was able to plead guilty and accept punishment.

 At present, there may be some problems with her review of this case more than 20 years ago.

 There are circumstances that may not be consistent with the facts, and Xu Xingwang was unjustly imprisoned for more than 20 years.

 Wang Fang’s expression was calm regarding this point.

 The Supreme People's Procuratorate decided to protest and retry the case.

 This means that there is new evidence that allows Xu Xingwang to reverse the verdict.

The overturning of the verdict will indeed have a certain impact on her, but it will only have a certain impact on her reputation.

 As for the others...the other problems are not big. Thinking of this, Wang Fang did not continue to think about it.

.

 ….

On the other hand, the Jiangdu High Court also officially opened a trial on Xu Xingwang’s case more than 20 years ago.

 At the court hearing.

 As the presiding judge of this case, Lin Yuanfeng, learned that the Supreme People’s Procuratorate was protesting the case.

 When Jiangdu was asked to retry the case, it had already investigated the relevant circumstances of the case.

To be honest, in many aspects of the case that took place more than 20 years ago, it was difficult to obtain evidence.

 This also leads to the court hearing unjust cases and wrong cases.

Although the Supreme People's Procuratorate lodged a protest, the High Court still needs to make a judgment based on the facts.

after all.…

Legal inspection and prosecution are two departments with different responsibilities.

Sounding the hammer, Lin Yuanfeng looked at Su Bai: "The cause of this case."

“The appellant believes that there was a miscarriage of justice in the case of Xu Xingwang’s home invasion, robbery and murder 23 years ago.”

“After review by the Supreme People’s Procuratorate, this case will be re-heard by Jiangdu High Court.”

“The appellant is now requested to state the factual basis for the appeal.”

 “A good judge.”

Su Bai nodded and continued:

“The basis of the appeal’s statement is as follows:”

“In this case, the main evidence chain identified for the home invasion and robbery case of Xu Xingwang 23 years ago is as follows:”

“First: Xu Xingwang picked up some of the belongings of the burglary victim at that time, which were used as the main authentication evidence.”

“The main motive given to Xu Xingwang at that time was that Xu Xingwang was not married at the time and his family was poor, which was consistent with the scenario of home invasion and robbery.”

“Second: Xu Xingwang’s confession, in which he admitted his guilt and accepted punishment and stated the details of the crime at that time, is consistent with the scene at the time of the crime.”

“Third: Most of the criminal suspicions and criminal facts can be pointed to Xu Xingwang.”

“The above three points are the main evidence chains involved in this case.”

“We believe that there are very big loopholes in the judgment on the above three points.”

“First: According to the identification at the time, the stolen goods in Xu Xingwang’s hands were obtained from housebreaking and robbery.”

 “But why only part of it?”

 “Where does the rest go?”

“And in the confession at that time, Xu Xingwang made a certain statement about the facts of the crime and the detailed process of the crime.”

  “It can be said that everything was truthfully explained.”

 “There is no need not to explain the whereabouts of the remaining stolen goods.”

“Because he refuses to explain, he will only be punished severely.”

“So why didn’t Xu Xingwang explain the remaining stolen goods?”

“Is it because he doesn’t want to explain, or because he doesn’t have one, or he doesn’t know where the remaining stolen goods are?”

"In response to this, I would like to ask the presiding judge to understand Xu Xingwang's current confession."

On the bench, Lin Yuanfeng, the presiding judge, nodded: "Okay."

“Please tell the appellant what you know about the situation at the scene.”

 Xu Xingwang nodded repeatedly after facing the presiding judge's question: "Okay, okay..."

“President, I am really wronged.”

“I remember when I was arrested, I stated very clearly at the beginning that I picked up a gold necklace on the roadside.”

“I don’t know who this gold necklace belongs to.

 At that time, I felt that this gold necklace was very valuable, and I thought it might be a lucky day.

Then he took the gold chain to a gold shop to sell it for money the next day, and was arrested. "

“When I was arrested at the beginning, it didn’t really matter because I picked up the gold chain and I didn’t commit any crime.”

“I told them very clearly and pointed out where I picked up the gold chain.”

“Originally, at the beginning, the staff told me that I would stay for two more days, and then let me leave after the facts were clearly investigated.”

 “But I didn’t think much about it.”

“But after waiting for two or three days and still not letting me leave, I felt something was wrong.”

“Then I heard that the investigator on this case had been changed and was replaced by Wang Fang.”

“Subsequently, subsequent investigations revealed that I had the time and tools to commit the crime, and, according to the identification report issued by the relevant departments, the suspect’s body shape was very similar to mine.”

 “Accuse me of being a criminal suspect.”

“But I just picked up a gold chain and sold it for money. That’s all I did.”

“They asked me where the rest of the stolen goods went, and I didn’t even know!”

“Then Wang Fang said that I had broken into the house, killed people, and robbed people.”

 “That gold chain is the loot I robbed.”

 “I was completely confused at the time.”

 “Deny firmly.”

“However, by this time, Wang Fang began to use other methods to ask me to explain.”

 “I have not committed any crime, so what should I answer?”

“I picked up that gold chain. I don’t even know whose room I entered or who I killed.”

“I am asked to explain my crime of breaking into a house and killing people. How should I explain it?”

“But Wang Fang still tried me harshly.”

“I didn’t sleep for three days, and I had no choice. I felt at that time that even if the person was really killed by me, it would be better than now.”

"I can only tell Wang Fang, why don't you tell me how I committed the crime."

“Wang Fang asked me to make a confession based on the facts of the crime she deduced.”

“Actually, I was unwilling to make a confession in the first place. I had no other choice, so I made a confession like that.”

“Actually, when I identified the scene, I didn’t even know what the scene looked like.”

“President, this is my true confession.”

 Xu Xingwang anxiously stated the entire facts.

At the trial table, Lin Yuanfeng nodded slightly.

 A brief summary of the facts explained by Xu Xingwang.

 Then he said: "What you described above is mainly because you think Wang Fang had illegal procedures against you during the trial, right?"

 “Yes, Judge!”

 Xu Xingwang nodded quickly.

“So besides your confession, do you have any other objective factual evidence to conclude that she has illegally treated you?”

Hearing this, Xu Xingwang shook his head.

 At the appellant's seat, Su Bai took a deep breath.

 The presiding judge's question really touched on a key point.

 In this case, the oral confession can only be used as supporting evidence.

If you want to judge Wang Fang or think that the procedure is illegal, you need objective factual evidence.

This question is really difficult to answer! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)