As a Lawyer, You Sent the Judge In?

Chapter 408: Trial: What are you rebutting without evidence?

Chapter 408 Court trial: There is no evidence. What do you want to refute?

Northern Province, Provincial High Court.

This time, the second trial regarding Lin Wanjia was heard by the Provincial High Court.

Because the court of first instance heard the case in Linshui City Intermediate Court.

If you want to appeal, you need to appeal to the higher court.

This case was held in a closed court hearing in the first instance.

In other words, it will not be disclosed to the outside world.

But according to Su Bai’s investigation and understanding, this case itself has very big problems.

If it is not disclosed...

Then it will be difficult to proceed with internal processing and conflicts.

Let’s take the simplest example: if there is no public trial.

So what should we do if we are suspected of engaging in favoritism and malpractice during the court trial and miscarrying the law?

Carry out supervision and reporting, or use the influence of public opinion to amplify the situation?

The above two points, no matter from which aspect.

Subsequent processing is very troublesome, and there is a certain probability that the implementation will not be successful.

So it is better to conduct a public trial directly.

The most important thing is that there is the most favorable situation for a public trial.

That is to accept public supervision, whether it is a verdict of guilty or not guilty, or any other situation.

Then under the supervision of the public, everything will be compliant, legal and reasonable.

Other situations rarely occur.

So during the appeal, Su Bai’s request included a public hearing.

Finally, when the court notified the parties, it stated that this case was also a public hearing.

In the waiting room, after Su Bai was brought into the court hearing room by the staff.

Not long after, the presiding judge and members of the collegial panel entered the trial.

After verifying the personnel information, the trial officially entered into session.

Due to the previous sentence of the first instance, Hong Jiangtao, the presiding judge of the second instance, was present at the trial this time.

For this case, the general conclusion is that the second-instance penalty is favored and the original judgment of the first-instance is maintained.

Also...not only that.

Before the trial of this case, Hong Jiangtao also received a hint that this case should try to maintain the original judgment of the first instance.

Hong Jiangtao kept this in mind.

….

But this time, in addition to the collegial panel, there is also a "judge".

That was accompanied by Li Jiang, the people's assessor applied by Su Bai.

The Ministry of Justice requires that people’s assessors can be applied for in some serious cases.

This time Li Jiang appeared in court as a people's juror.

As far as Li Jiang knows, this was after the jury system was implemented.

I don’t know if this is the first time I applied for People’s Jury.

But it was an actual court trial, and it was the first time that people's jurors were involved in the case.

So...the judicial department of Northern Province also paid more attention to this and arranged for him to participate in the trial.

At the court hearing.

The psychology of the parties involved is different, but the trial is still continuing.

At the trial bench, Hong Jiangtao, as the presiding judge, struck the hammer and started the trial process:

“This trial is an appeal filed by the appellant Lin Wanjia who refused to obey the first-instance judgment and accused him of killing his girlfriend Liu Xiaoxue.”

“The cross-examination process will now begin.”

“There are several questions that need to be asked to the appellant Lin Wanjia. Please be prepared.”

Hong Jiangtao gave Lin Wanjia a general reminder before asking.

At the appellant's seat, Lin Wanjia nodded with handcuffs on his hands: "Okay, presiding judge."

"good."

Hong Jiangtao continued to ask: "In this case, you are the suspect in the murder of Liu Xiaoxue."

“According to the investigation and evidence, your motive for committing the crime was that you had a grudge against Liu Xiaoxue because you broke up with her, and had a desire to kill?”

“No, Chief Judge.”

“I don’t have any intention to kill because I have a grudge against Liu Xiaoxue because I broke up with her.”

“I don’t have the intention to kill anyone either.”

“Liu Xiaoxue is my girlfriend. We have been together for such a long time. How could I kill her?”

“This doesn’t seem right to me at all.”

“I did not kill Liu Xiaoxue at all, and I did not see Liu Xiaoxue that day.”

“President, I was wronged!”

Lin Wanjia loudly stated at the court hearing that he was unjustly accused.

In this regard.…

Hong Jiangtao nodded and said, "From the perspective of this trial."

“You have all the criminal suspects and have conclusive evidence to prove that you are a criminal suspect.”

“You said you were wrongly accused, can you provide substantive evidence to prove that you were wrongly accused?”

Lin Wanjia hesitated before speaking: "No, I don't have substantive evidence."

“Since it cannot be proved that you are unjust for the time being, please try your best to cooperate with the trial.”

“If you are really wronged, the court will give you a fair and just verdict.”

Hearing these words from the presiding judge, Lin Wanjia calmed down:

“A good judge.”

“I cooperate.”

Facing Lin Wanjia’s cooperation, Hong Jiangtao continued to ask:

“You said you had no motive to kill…”

“Here, I want to ask you, since you didn’t kill Liu Xiaoxue, why did the murder weapon, the fruit knife, appear in your dormitory cabinet?”

Lin Wanjia replied: "I don't know, I really don't know why this thing appeared in my dormitory cabinet."

"I have never used this kind of fruit knife. I suspect that this is a frame-up against me by others."

Hong Jiangtao asked: "You suspect that this is framed by others, do you have any evidence to prove this?"

"No."

Lin Wanjia shook his head.

For all the accusations, he had no evidence to prove his innocence.

So at this time, Lin Wanjia was very desperate in his heart.

I don’t know how to clear myself from suspicion.

“Since you have no evidence to prove it, why do you think this was framed by others?”

“Because I really haven’t done it!”

Hearing Lin Wanjia's answer, Hong Jiangtao did not continue to ask this question.

Because this question continued, Lin Wanjia's answer was that he had not committed any crime, but he could not provide any practical evidence.

No, there is no need to continue asking.

“Okay, now please describe in detail what happened at that time.”

“And what you were thinking when you did this.”

Facing the presiding judge’s question, Lin Wanjia spoke:

“Okay, presiding judge.”

“What I understood at the time was that I had a conflict with the victim, Liu Xiaoxue.”

"I sent her a message about the time and place." "At that time, I went there half an hour early. When the time came, I went back without waiting for her."

“I don’t know anything about the rest. I left directly. Later I heard about her and found out that she had been killed.”

“President, this is what I have learned.”

“According to what you said, you went back without waiting for the victim. Where did you go?”

“Did you go back to your dormitory or somewhere else? Can anyone prove it?”

Hong Jiangtao compiled Lin Wanjia's statement and continued to ask.

“The time we agreed on was at nine-thirty in the evening, in the woods behind the school administration building.

At that time, when I waited until half past nine, the lights in the school administration building were turned off, and there was no one there at the time.

The get out of class has already ended when it should be over.

Because we had just broken up at the time, she didn’t come, and she didn’t reply to my messages. I sent her a lot of messages.

I thought she wouldn’t come over at that time, so I went for a walk on the playground. "

“To lighten the mood.”

“About how long did it take you to go to the playground to relieve your emotions?”

Facing this question, Lin Wanjia hesitated for a few seconds: "About an hour or so."

“Can you specify the time?”

“I’m not sure about the specific time.”

“But according to the specific evidence, the time agreed between you and Liu Xiaoxue was at 9:30 pm.”

“You said you spent about an hour relaxing on the playground, and you should have returned to the dormitory around 10:30.”

“But that day, according to what the aunt in the dormitory said, you went back at nearly 12 o’clock in the morning.”

“The time you described for relief was an hour and a half apart.”

“What did you do during this hour and a half?”

Hong Jiangtao is keeping an eye on the appellant’s seat. This issue is very critical.

Because this involves whether there is time to commit the crime.

Lin Wanjia has been stating that he was wronged, but he could not provide any actual evidence to prove that he was wronged.

And he has the time to commit the crime, the motive for the crime, and the main murder weapon evidence.

Lin Wanjia stated that he did not commit murder, but all these criminal suspicions pointed to him.

And he has no evidence to prove that he has not committed any crime.

Although Lin Wanjia refused to plead guilty in his statement.

But if he is found guilty under the current conditions, is there any problem? no problem!

Lin Wanjia continued to state: "I didn't go back until almost 12 o'clock in the morning because I went around the playground to relieve my emotions, and then walked around the school."

“Not paying attention to the time.”

“But why didn’t you state it just now?”

“Because you didn’t ask, chief judge.”

Hong Jiangtao:.….

“According to the general legal situation, even if I didn’t ask this question, shouldn’t you make a statement in order to clear yourself of suspicion?”

“For evidence combined with relevant circumstances.

Liu Xiaoxue told the people in the dormitory that she wanted to see you, and then left the dormitory.

The time to leave the dormitory is around 9:15, and you can reach the place you mentioned in fifteen minutes.

But you stated that you did not see Liu Xiaoxue.

From 9:30 to nearly 12:00, there are two and a half hours.

You have full time to commit the crime within this time period. "

“Can you provide an effective rebuttal to this?”

“Or can you have objective factual basis and witnesses to prove your innocence?”

Lin Wanjia looked a little anxious.

He did not commit murder, but he really could not provide any objective factual basis to prove his innocence.

Looking at Lin Wanjia’s face, Hong Jiangtao said:

“The appellant does not need to say anything else. He only needs to answer yes or no.”

Hearing this, Lin Wanjia could only state helplessly: "No."

"Um!"

Hong Jiangtao nodded and sorted out the materials in front of him.

Based on the current questions, Hong Jiangtao basically confirmed Lin Wanjia’s criminal facts.

Even though Lin Wanjia has been refusing to admit his crime.

The facts of the crime were basically confirmed.

Why do you say that?

Because it can be clearly seen based on the questions asked to Lin Wanjia.

Lin Wanjia could not produce any evidence to refute the objective facts and normal legal circumstances.

What is the situation?

Under certain special circumstances, this is a plea of not guilty.

To put it bluntly...from an objective perspective of facts, based on the existing evidence.

Hong Jiangtao could not see anything that was not Lin Wanjia's crime.

Su Bai, who was sitting at the table of the appellant’s attorney, also clearly observed the presiding judge’s thoughts.

In fact, this point...can't blame the presiding judge for having this idea.

Because the presiding judge bases his decision on relevant evidence.

In this case of questioning, Lin Wanjia could not produce any evidence to evade his own suspicion.

It is easy to create a situation where he is the criminal suspect.

At this time, the presiding judge also asked a key question: "The appellant."

“Based on the circumstances you stated, you said you were innocent and were wrongly accused.”

“But you will be questioned based on the existing evidence with objective facts.”

“Why can’t you answer any of these questions, or in other words, among all these questions, why is there no statement that can escape your suspicion of crime?”

Lin Wanjia was a little anxious, and he didn't know what the situation was.

But he really doesn’t know!

Lin Wanjia wanted to say something, but he didn’t know how to express it.

Hong Jiangtao, who was sitting in the presiding judge's seat, knocked the gavel without waiting for Lin Wanjia's reply.

Indicates that the cross-examination has been completed and requires the prosecutor to start presenting the indictment.

Hearing that the case will proceed to the next court hearing.

Su Bai took a deep breath, considering the current situation.

The situation faced by Lin Wanjia was very bad.

This case can basically be regarded as a frame-up case.

Because there are objective facts to prove Lin Wanjia’s guilt.

It does not belong to the lack of evidence chain or other circumstances.

And who does the Lin Wan family belong to?