As a Lawyer, You Sent the Judge In?

Chapter 411 Classic moment, does the truth matter?

 At the judgment seat.

Faced with Su Bai’s lawsuit, Hong Jiangtao was thinking about whether to agree.

 Because of this request made by Su Bai at the court hearing.

 This was something he had not expected during the preparation before the trial.

 According to Su Bai...

 It is okay to postpone the trial to investigate Lei Xiaozhen.

 Especially when Su Bai raised the issue of authentication of the source of the murder weapon.

 This is a feasible situation.

anyway.…

　　This point of view put forward by Su Bai is that this case has other truths.

 It’s just that when Hong Jiangtao was thinking about it, Xie Wenliang was obviously a little anxious.

 The reason for the anxiety is of course the reluctance to postpone the trial.

 Once the case is adjourned...

 Then due to the principle of avoidance.

 He and the law enforcement officers handling this case need to recuse themselves.

If it is someone else or the appellant who requests provincial prosecution, the case will be investigated.

 The truth and facts will definitely be revealed in the follow-up investigation.

 So Su Bai requested to postpone the trial and investigate Lei Xiaozhen.

 Xie Wenliang raised his hand again and said: "Presiding Judge."

“We have made it clear just now.”

“In fact, we conducted an investigation into Lei Xiaozhen and ruled out any suspicion of expiration.”

“There is no situation in which other criminal suspects have not been excluded as claimed by the appellant.”

“It’s just that the appellant didn’t know much about the situation, so he came to such a conclusion.”

 “One more thing is.”

“Regarding this trial, if it can be proven from objective facts that the evidence chain is insufficient, or there are other doubts.”

“Then it can be completely confirmed that Lin Wanjia is not the criminal, and the charges against him can be dropped and we can continue to track other criminal suspects.”

“But if the objective facts prove it, it can be proven that Lin Wanjia is the criminal.”

“Then what’s the point of holding an adjourned trial to pursue other people’s criminal suspects?”

 “There is no other meaning at all.”

"In other words, it will completely affect the judgment of Lin Wanjia in this court trial."

 “And waste judicial resources and judicial time.”

“We can confirm that there are no irregularities in our law enforcement process.”

“Based on the above points of view, we believe that this trial still needs to continue.”

 Xie Wenliang’s statement has a certain truth to it.

 At the same time, it also expresses a point -

If it can be proven in this trial that Lin Wanjia is the criminal, then there is no need to pursue other people's criminal suspicions.

 After all, the criminal facts of the criminal have been proven, and it is a waste of judicial resources to pursue other people's criminal suspicions.

Is this point of view reasonable?

 That makes sense!

  It can be said to be very reasonable.

 But is it applicable in this case?

 The answer given by Su Bai is very inapplicable.

 Because what kind of situation is Lin Wanjia facing?

The situation faced by Lin Wanjia was that of being framed.

 Although the evidence chain and evidence in this case are relatively complete and complete.

 But the main evidence involved in the evidence chain comes from frame-up.

 Let’s not worry about whether it was framed or not.

 From the available evidence, it is entirely possible to make a verdict.

If what Xie Wenliang stated is true, the facts of Lin Wanjia's crime can be determined.

 In other words, the court cannot rule out the suspicion that Lin Wanjia is not guilty.

  There is no need to investigate other people to determine Lin Wanjia's guilt.

So this court trial...in this case, will determine Lin Wanjia's criminal behavior.

 Even though Lin Wanjia is innocent.

Why did Su Bai propose to postpone the trial and ask for an investigation into Lei Xiaozhen?

because!

 Based on the existing evidence and current situation, we want to make a breakthrough in the case and find the truth.

 It is necessary to prove that some of the evidence is framed.

 But there is currently no evidence to prove that Lin Wanjia was framed.

 There is only one breakthrough point—investigate Lei Xiaozhen and find a breakthrough point in him.

 So this trial cannot continue.

Su Bai retorted: "We do not agree with the prosecutor's point of view. What we seek is the truth."

"also."

“We are not aware that the prosecutor has investigated Lei Xiaozhen.”

“There are no transcripts or quotations. We do not agree with this investigation, and we will not agree with it from a legal perspective.”

"And based on our certification of the murder weapon, we suspect that this case is a frame-up case. Continuing the trial cannot prove Lin Wanjia's innocence."

“I believe that I am not the only one who believes in this case that other suspects should continue to be investigated.”

“The public also wants an open and fair understanding of the truth about this case.”

“Based on this, we once again applied for an adjournment of the hearing.”

Xie Wenliang stared at Su Bai closely. From his point of view, he definitely could not postpone the trial.

So he refuted Su Bai's statement again.

“But this case is a trial against Lin Wanjia, and an argument about Lin Wanjia’s guilt and innocence.”

“It is not a question of whether other people are suspected of committing crimes.”

“What is the lawyer entrusted by the appellant to pursue? Is he pursuing the truth of the facts?”

“But does the truth matter in this case?”

“In other words, is the truth of the facts considered by the lawyer appointed by the appellant important?”

 “What should be the truth in the trial?”

“The truth is that Lin Wanjia should be punished specifically according to the law.”

  “There is no other situation.”

"When it comes to the truth, there is a recognized behavior in the legal circle, that is, everything is based on evidence." "The murder weapon and the gossip stated by the lawyer entrusted by the appellant are all clues."

 “It is not objective factual evidence.”

“So at this point, I don’t think what the appellant has stated makes any sense.”

“Let’s talk about public opinion. There is a certain deviation in public opinion in a legal sense.”

“I admit that some of my statements may not be accurate. This is a fact.”

“I personally think that what the public wants is a fair judgment based on evidence, not other matters.”

Su Bai and Xie Wenliang both tried hard to elaborate on this point of view from their own perspectives.

 One wants to persuade the presiding judge to adjourn the trial, and the other wants to continue the trial.

 Both sides have relevant evidence and well-founded opinions on this point.

 At the judgment seat.

Hong Jiangtao sat on the presiding judge's seat and glanced on both sides.

  Did not speak.

There was silence for nearly five seconds before the hammer was struck:

“About the appeal party’s request for an adjournment of the hearing.”

“The appellant only has confessions from certain persons, and the source of these confessions cannot be confirmed.”

 “Basically not an objective fact.”

“Therefore, the request of the appellant to postpone the trial is rejected.”

“If the appealing party has any objections to the court’s rejection, it can submit corresponding opinions to the relevant departments during the court hearing.”

 “Okay, the trial continues.”

 The gavel struck.

Hearing the opinion of the presiding judge, Su Bai stared straight at the judgment seat.

 There is no problem with the presiding judge’s decision.

 But in this case, it certainly cannot be judged this way.

 Because this is related to whether Lin Wanjia, as an innocent person, will be tried by the law.

Thinking of this, Su Bai spoke without permission: "Presiding judge, juror."

“We currently have no evidence to prove this trial, and it is framed.”

“But there are various suspicions pointing to Lei Xiaozhen as the criminal suspect.”

“What is at stake in this trial is whether an innocent man will be imprisoned for many years.”

 “It is related to whether an innocent person can obtain final innocence.”

“The prosecutor said our belief in innocence and truth is not important.”

 “Then what’s important?”

 “Are laws and evidence important?”

“We acknowledge that this point is very important and there is no doubt about it.”

“But we have already mentioned that the evidence may be framed.”

“As an investigator, can the prosecutor not know this? But why doesn’t he have any evidence to prove that it was not framed?”

“Why is there no investigation record or objective fact-finding investigation into Lei Xiaozhen, who is suspected of committing a crime?”

 “Aimed at this point.”

“Has the suspicion that Lei Xiaozhen is the criminal raised by us been resolved?”

"No!"

“Based on this, does this trial bring a certain possibility to prove that Lin Wanjia is not guilty?”

"Yes."

“What does the law pursue? What the law pursues is rigor and fairness!”

“We hope to be rigorous and fair in this case as well.”

“In addition, the prosecutor’s evaluation of public personnel is indeed very objective.”

 “The public hopes that the law will make judgments based on fair evidence.”

 “But do they want to see what the real truth is?”

"think!"

“Besides, in this case, if the prosecutor really ignored the investigation of Lei Xiaozhen.”

 “So are they standing from the perspective of judicial justice?”

  “Not really.”

“If the investigation into Lei Xiaozhen was not ignored, why is there no relevant objective factual evidence such as transcripts?”

“Would this cause too much confusion?”

"in other words."

“What if the truth is that Lin Wanjia was not a criminal suspect and caused the situation of being wrongly accused?”

“Did it cause an innocent person to be judged innocently?”

“So based on the above points, our request is not excessive!”

“We would like to invite the presiding judge, members of the collegial panel, and members of the jury.”

“Discuss the adjournment of the trial and decide whether to adjourn the trial.”

After Su Bai finished his statement, his eyes met the eyes of the presiding judge on the trial bench.

 Actually, there are some things that Su Bai did not state.

 That is, what is the perspective of the prosecutors and law enforcement agencies, who did not investigate?

 Are they acting from a legal perspective? Or are you from the perspective of some powerful people?

Did he really investigate, or did he not investigate, but deliberately said at the trial that he was involved in the investigation of Lei Xiaozhen?

 As to this issue, Su Bai prefers the latter.

If there is really an investigation, it is impossible not to have objective factual evidence such as transcripts and quotations.

 The statement made at the court hearing... After investigation, no objective factual evidence could be produced.

This situation only illustrates one point - they do not want or are afraid of delaying the trial.

 I am worried that if the topic is brought to Lei Xiaozhen, something uncontrollable will happen.

 In this case, the more fearful the other party is, it means that if an investigation is conducted, there will be unexpected gains.

 Although the presiding judge refused to postpone the trial.

 But Su Bai can emphasize the facts to allow the collegial panel and the jury to discuss whether to postpone the trial.

 This is the first case in which people's assessors participate.

　　Received considerable attention.

Su Bai made an application for the members of the collegial panel and the jurors to deliberate before making a decision.

  It's not too much.

And the presiding judge Hong Jiangtao was sitting on the trial bench.

After hearing Su Bai's statement, you can naturally understand the meaning and reminder contained in Su Bai's words.

So he banged the hammer and announced: "Adjourn the court!"

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)