Madman Zhang San: That Hammer, You Are Finished
Chapter 228 Lawyer Lin, This Is A Blatant Slander
At this moment, whether it is on the high stage, the plaintiff's seat, or even in the auditorium, everyone is staring, wondering what Lin He is doing?
Lin He ignored everyone's gaze: "The medicine shop opened by Luo Qinghe is called 'Hundred Herbs Hall', and it is located near Lianhua Street."
"According to my on-the-spot investigation, there are more than 30 Chinese medicine shops on Lotus Street, all of which sell Chinese herbs like Chuanwu!"
"And the Hongxing Community where Li Wenliang's family lives is about four kilometers away from Baicaotang."
"As the deceased Li Wenliang described before his death, when he returned home that day, he passed through the street of Baicaotang in Luo Qinghe and picked up two Shouwu."
"However, after my investigation and deduction, according to his driving route, he will pass through at least eight traditional Chinese medicine shops that day."
"Then the question is, how can the prosecution be sure that the Shouwu used by Li Wenliang to make wine is indeed from Luo Qinghe's Baicaotang?"
"And not from other medicinal herb shops on that street?"
After Lin He finished speaking, his index finger on the table kept tapping on the table, waiting for the other party to reply.
The biggest difference between a criminal case and a civil case is that a criminal case must require sufficient evidence, and there cannot be the slightest difference.
In other words, as long as there is a little doubt in the current evidence, it is necessary to find other evidence to dispel this doubt.
Only in this way can we ensure that the criminal law is not abused.
This is also a sentence that often appears in many TV dramas: insufficient evidence, the reason for not prosecuting.
After all, criminal law is the harshest punishment.
In handling a case, as long as the case is decided with a hint of doubt, there will be the possibility of unjust, false, and wrongly convicted cases.
Such consequences are often irreparable.
For example, in the original Huhe case, if the undertaker had pursued the key evidence of the case one by one with a pragmatic attitude, it would not have resulted in a tragedy.
Therefore, there is such a rule in criminal proceedings: in a criminal trial, the "facts that are finalized should meet the standard of proof that the evidence is reliable and sufficient".
Take the current case as an example, the Caowu that Li Wenliang used to make wine belonged to Luo Qinghe's family. This is only one aspect of testimony.
If you want to convict Luo Qinghe, you must have physical evidence to prove that Caowu belongs to Luo Qinghe's family.
Only when witnesses are available can the case be settled.
This evidence can be surveillance, or fingerprints, or evidence that there are obvious marks on the grass, etc. . . .
On the high platform, after hearing Lin He's speech, the three judges were also slightly taken aback.
Holy crap, this young man!
Lore!
As Jiangcheng people, the three of them had heard of the name of the Chinese medicine distribution center on Lianhua Street.
What Lin He said was true. Twenty-three out of ten shops on that street made a living by dealing in traditional Chinese medicine.
When I approached there on weekdays, I could smell the pungent smell of traditional Chinese medicine from far away.
Now the question is, if you want to convict the defendant Luo Qinghe, how can you prove that Caowu belongs to him?
What if it's someone else's?
To clarify this issue, there is bound to be more direct evidence.
Otherwise, the result of today's trial will probably be: insufficient evidence, and the case will not be filed.
Here, after listening to Lin He's debate, Zhao Huaqiang's face was instantly swollen like a pig's liver.
My Nima, do you want to be so rude?
Zhao Huaqiang flipped through the information he had already mastered in front of him, but did not speak for a long time.
From the moment Lin He raised the question, he had a hunch that Barbie Q in today's trial.
Boom!
"Next, please present more direct material evidence to prove that the Caowu in Li Wenliang's house is indeed from the defendant Luo Qinghe's Baicaotang!"
One minute, two minutes...
Just when Pan Feng on the stage repeated what he said just now, Zhao Huaqiang said in dejection: "At present, in the evidence in the possession of the police, there is indeed no direct evidence that the Caowu in the case came from Baicaotang."
When Pan Feng and the three heard this, they already had a conclusion about the case in their hearts.
Since there is no evidence, it is still a woolen thread.
If the judgment is wrong at that time, they can't afford this pot.
Lin He got up and chased after the victory: "Since this is the case, can we also think that the grass black in Li Wenliang's house came from another store on Lianhua Street."
"After all, there are more than 30 traditional Chinese medicine shops on that street, and only 3% of Li Wenliang's Caowu is from my client's Baicaotang."
"I don't know if I'm saying this, does the prosecution agree?"
Zhao Huaqiang first looked up at Lin He, and then said helplessly: "Approval!"
Seeing Zhao Huaqiang's answer, Lin He nodded satisfactorily, and then said to Luo Qinghe next to him, "Mr. Luo, now do you think the Caowu used to make wine in Li Wenliang's house came from your Hundred Herbs Hall."
Luo Qinghe was stunned for a moment, then shook his head suddenly and said, "Impossible, that Li Wenliang has never bought medicinal materials at my house."
"I'm also very surprised, why he insisted that the caowu that made the wine belong to our family."
"Lawyer Lin, this is a blatant slander!"
"I will never recognize this kind of thing."
Zhao Huaqiang: ...
Pan Feng: …
It's not nonsense that you are riding a horse, Luo Qinghe is not a fool, how can he admit that Caowu is their home at this time.
"Oh, is it?"
Lin He smiled slightly and said to the high platform: "The three judges have heard it, and the prosecution has also recognized our statement that the evidence is doubtful."
"Also, my client, Luo Qinghe, doesn't think that Caowu comes from their family."
"Although we also agree with the police's autopsy results and agree with Li Wenliang's cause of death of aconitine poisoning."
"However, where the grass in the deceased's house came from is still open to question."
"Therefore, is it too far-fetched for the prosecution to convict my client solely on the basis of the death of the victim, Li Wenliang?"
On the high platform, Pan Feng and the two colleagues looked at each other, and the eyes of all three showed a hint of complexity.
This three seems to be winning again.
Boom!
Pan Feng tapped the hammer lightly and said to Zhao Huaqiang, "Excuse me, Comrade Prosecutor, is there any evidence to prove that the Caowu in Li Wenliang's house is indeed from Baicaotang?"
Zhao Huaqiang was silent for a while, evidence?
Certificate wool!
Before the start of the game, he never thought that the mage on the opposite side would play the trick of drawing wages from the bottom of the pot.
Now, where do I go to find evidence that Caowu belongs to Baicaotang.
After a long time, Zhao Huaqiang sighed, "Comrade Judge, we have no direct evidence to show that Caowu is indeed from Hundred Herbs!"
…………
In the end, the result of the trial was not what Lin He expected. The judge denied the prosecution's indictment against Luo Qinghe on the grounds of insufficient evidence and announced Luo Qinghe's release in court.
Pan Feng looked at the figure of Lin He and the three of them leaving, and murmured, "Zhang San, the madman, is so terrifying!"
"I thought that Zhao Huaqiang's play based on the result of guilt was clever enough, but I didn't expect him to be able to defend his innocence."
"It's really a little cow seeing a little bull... it's so awesome!"
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