Lawyer's character

"Defendant, do you have any objection to the evidence presented by the prosecutor?" the presiding judge asked.

"No objection. I was indeed at Deng Shiyun's house on the day of the incident, and I also saw the landlord." Fang Xinyue replied.

"Defender, do you have any objection to the evidence presented by the prosecutor?" The presiding judge looked at the defense table.

“The defender believes that although the above-mentioned witness testimony can prove that the defendant has the motive and the time and space conditions for committing the crime, these evidences can only show that the defendant is suspected of committing a crime, or even a major crime suspect, and cannot directly establish a connection between the defendant and the crime. "Fang Yi questioned and testified.

Fang Yi's opinion is very simple. Witness testimony and call records can only prove that the defendant went to the victim's home, but they cannot directly prove that the defendant committed the murder.

"Please continue to present evidence," the presiding judge continued.

"The fifth piece of evidence, the physical evidence inspection report of the public security organ, confirmed that diazepam and alprazolam were found in blood stains on Deng Shiyun's pajamas and bedsheets at the scene. These two drugs have anti-anxiety, sedative and hypnotic effects." The prosecutor continued. Give evidence.

"Defendant, do you have any objection to this evidence?" the presiding judge asked.

"No objection." Fang Xinyue shook her head.

"Does the defender have any objection to this evidence?" The presiding judge looked at the defense table.

“The defender has no objection to the test results, but according to the evidence in the case, on the day after the incident, the investigation agency sent Deng Shiyun’s venous blood and urine for testing. The appraisal opinion showed that no sedative drugs were detected in the above-mentioned test materials.

If Deng Shiyun drank a drink containing sedative drugs before the incident, the ingredients of such drugs should be detectable in his venous blood and urine the day after the incident.

It can be seen that this evidence is contradictory to the results submitted by the investigative agency in the case file. The prosecutor has not given a reasonable explanation and cannot rule out reasonable doubt. complete. "Fang Yi questioned and testified.

Fang Yi understood that the prosecutor's purpose in producing this evidence was simply to prove that the drinks Deng Shiyun and Niu Jiayan drank on the day of the crime had been tampered with and put in sedative drugs. However, Deng Shiyun's urine test and blood test results ruled out that Deng Shiyun had taken sleeping drugs, which is crucial.

"The prosecutor continues to present evidence," the presiding judge said, looking at the evidence in his hand.

"The sixth piece of evidence is the statement of the victim Deng Shiyun. At about 9:10 on the night of the incident, the defendant Fang Xinyue came to Deng Shiyun's residence and carried a large plastic bag from the supermarket, which contained chicken feet, beef jerky, pig head meat, etc. Delicatessen, and milk tea.

After the child went to bed, the two chatted about Cong Mingchang. Deng Shiyun took out a hidden knife given to her by Cong Mingchang and let the defendant Fang Xinyue watch it.

Deng Shiyun felt dizzy after drinking the milk tea brought by defendant Fang Xinyue, so she lay down and fell asleep. The next morning, Deng Shiyun found that her right arm was bleeding and there was blood on the child's hair. "The prosecutor gave evidence.

"Defendant, do you have any objection to the evidence presented by the prosecutor?" the presiding judge asked.

"I have objections. On the day of the incident, I went to see Deng Shiyun. She did show me the hidden knife. But after my showdown, we were both very excited and quarreled. She didn't sleep." Fang Xinyue looked a little a little bit. Excited.

"Defender, do you have any objection to the evidence presented by the prosecutor?" The presiding judge looked at the defense table.

"The defender believes that Deng Shiyun's statement shows that she did not witness the crime. It can only prove that the defendant Fang Xinyue stayed at the crime scene on the night of the crime, but cannot prove that Fang Xinyue is the perpetrator.

In addition, the public security department’s urine test and blood sample test results of Deng Shiyun in the case file show that Deng Shiyun did not take sleeping drugs on the night of the incident. Obviously, there are major doubts about Deng Shiyun’s statement that he fell asleep after drinking a drink brought by the defendant. "Fang Yi questioned and testified.

"The prosecutor continues to present evidence." After a moment, the presiding judge removed his eyes from the case file and looked at the prosecutor's seat.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "said the presiding judge.

"Presiding Judge, Judge: This court believes that... Fang Xinyue came to Deng Shiyun's rented house at about nine o'clock on the night of the incident because of her jealousy of Deng Shiyun. Subsequently, Fang Xinyue took advantage of Deng Shiyun's sleep and stabbed Deng Shiyun with a knife. His daughter Niu Jiayan's neck caused her vertebral artery to rupture and she lost a lot of blood and died. She also cut Deng Shiyun's right wrist with a knife, causing slight injuries to Deng Shiyun.

We believe that the facts of this case are clear and the evidence is sufficient. The defendant Fang Xinyue’s criminal methods were cruel and the consequences and crimes were extremely serious. We recommend that the defendant be sentenced to death. complete. "The prosecutor expressed his opinion.

…

"The defendant's defender made a defense statement," the presiding judge said.

"Presiding judge, judge: The defender believes that in this case, the prosecutor accused the defendant Fang Xinyue of committing intentional homicide and intentional injury, and provided a large amount of evidence. However, in addition to the confession statement made by the defendant Fang Xinyue, Other evidence can only prove that the crime occurred and that the defendant is suspected of committing the crime, but cannot prove that the crime was committed by the defendant. The specific reasons are as follows:

1. The key evidence in this case is the confession statement made by the defendant during the investigation stage. However, the key details of the defendant's confession have not been confirmed by other evidence, and their authenticity cannot be confirmed and are unstable. The defendant Fang Xinyue cannot be found guilty based on this confession alone. details as follows:

1. Fang Xinyue once testified that after committing the crime, she took away the victim’s mobile phone and blood-stained pajamas, threw the pajamas into the garbage dump, and threw the mobile phone into the public toilet at the end of the village. She also identified the location where the above items were discarded, but the investigation The personnel did not retrieve the blood-stained pajamas, nor did they find the abandoned mobile phone. They only took photos and records at the designated location where the mobile phone was abandoned.

2. According to Fang Xinyue’s confession, after Deng Shiyun and the other three ate the snacks bought by Fang Xinyue and drank the drinks bought by Fang Xinyue, Deng Shiyun threw the packaging bags in the garbage outside the door and put the drink cups on them. On the table, the two subsequently smoked a lot of cigarettes, but the on-site investigation transcript did not record the above physical evidence.

3. Defendant Fang Xinyue once confessed that when he arrived at Deng Shiyun's house, he was ready to kill in revenge, but he did not bring any crime tools, which is inconsistent with common sense.

4. Defendant Fang Xinyue’s guilty confession was made before evidence and is not very credible. Fang Xinyue once confessed that she stuck Niu Jiayan's neck with her hands and stabbed Niu Jiayan's neck twice with a knife. This confession was confirmed by the autopsy report, but the method of committing the crime was relatively common and not special. Before interrogating Fang Xinyue, the officers conducted an examination on the body to understand the victim's physical injuries and cause of death.

5. During the last confession and the trial, the defendant Fang Xinyue recanted her confession and argued that after she and Deng Shiyun had an argument, Deng Shiyun stabbed her with a knife. She picked up Niu Jiayan to resist, and Deng Shiyun stabbed Niu Jiayan with the knife. Although this defense is rather far-fetched. , but this alone cannot prove or disprove the fact that he committed murder. "

In order to let the judge hear his defense opinions clearly and to take care of the clerk's recording speed, Fang Yi deliberately slowed down his speaking speed. (End of chapter)