Chapter 124 Question the Prosecutor and Determine the Result!

On the judgment seat.

Judge Chang Jiang Hetao simply sorted out the trial materials on this case.

Regarding this case, I have already made a certain decision in my mind.

There is no doubt of guilt.

Avoid unjust, false and wrongful convictions.

No matter what other judges think, but here he is.

The legal definition of "no suspicion of guilt" must be followed.

After looking around the courtroom scene, the judge, Changjiang Hetao, banged the gavel.

Boom!

"The trial has reached the final stage. All parties have no objections to the final issues of the trial defense."

Boom!

"Now, please let the parties to the lawsuit begin making court statements."

Jiang Hetao set his sights on the prosecutor's seat.

"Please let the prosecution begin its presentation."

Lu Hongmei took a deep breath, knowing that this was the most critical time!

Court presentation stage.

This is what she is best at!

In many subjective cases, she succeeded with this final court report...

A desperate comeback relies on court statements.

At this time, Xu Qing was on the side and handed the contents of the court statement prepared in advance into Lu Hongmei's hands.

Looking at the materials in her hands, Lu Hongmei held her breath and spoke slowly:

"Presiding Judge, our court states as follows..."

“In this case, except for the confession of the client Wang Mingxuan, there is no evidence to show Wang Mingxuan’s subjectivity.

And the parties cannot use the parties' confessions as evidence to exonerate themselves. "

"Moreover."

"Because the perpetrator, Lin Xiu, is a woman who has just stepped out of society, she is relatively repulsive to men, and similar bad incidents have happened many times before."

"For example: a certain driver killed a certain woman."

"This led to the panic of Lin Xiu, the perpetrator."

"This resulted in Lin Xiu's actions and behavior of wanting to jump out of the car."

"Furthermore, Wang Mingxuan had already foreseen Lin Xiu's panic, and before Lin Xiu was about to jump out of the car, he leaned out of the car window. Wang Mingxuan had obviously noticed it, but did not stop it..."

"Why didn't he stop him? Did he think there was no possibility of Lin Xiu jumping out of the car?"

"Don't he know what the consequences will be if something unexpected happens?"

"Can he produce evidence to prove his innocence?"

"cannot!"

"Through subjective inference, Wang Mingxuan bears a certain degree of responsibility for Lin Xiu's death. There is a possibility of foreknowledge, but he clearly knows that he cannot claim the serious consequences of foreknowledge. As a result, no evidence can be found from his confession... "

Su Bai:? ? ? ?

When Su Bai heard this, he twitched his lips.

Do you have any prejudice against the current law enforcement authorities?

If the previous messiness doesn't matter, I won't mention it now.

Let me just talk about the last point——

Wang Mingxuan clearly knew that he could not say that he had foreseen the seriousness of the consequences, so that was why no effective clues were found from his mouth?

To put it bluntly...the general meaning is that Wang Mingxuan knew that he had predicted that Lin Xiu would jump out of the car and would be judged, so he chose not to say anything.

hiss.…

Do you know what you are talking about...?

You just asked Wang Mingxuan with leading questions...

If it hadn't been for the interruption, Wang Mingxuan might have fallen into your leading questions.

This matter has caused such a big fuss and the outside world has spread rumors about it. The law enforcement parties must investigate the factual basis clearly before they can draw a certain conclusion.

You are now saying in your court statement that Wang Mingxuan, an ordinary person, can withstand the questioning of law enforcement...?

What are you talking about...?

Why don't you go in and see if you can withstand the pressure of questioning from a top criminal investigator?

It's off the mark... You are very capable of subjectively framing me.

Now it was Lu Hongmei's court statement, and Su Bai did not interrupt.

Lu Hongmei continued to speak:

"The perpetrator, as a woman, has certain weaknesses. Jumping from the car to death was a forced act. This incident caused a huge social impact. What is the reason? The reason for the huge social impact is that women This is a situation where rights are not protected and demands are not met.”

"I hope the presiding judge will consider this issue from multiple perspectives."

"As for Wang Mingxuan's lack of substantive evidence and his alleged lack of "foreseeability," we believe that we should protect the perpetrator's right to life, not let a "bad guy" go, and not let a criminal escape."

"Listen more to the voice of public opinion..."

"Presiding Judge, we have finished our statement."

After Lu Hongmei finished her report, she breathed a sigh of relief.

This court statement.

She didn't believe it and couldn't control the judges.

After listening to Lu Hongmei's court statement, Xu Qing also secretly gave a thumbs up.

"That's very well said."

Lu Hongmei smiled and did not speak. Instead, she focused her eyes on the court judges at the trial table.

On the judgment seat.

At this time, Feng Qian said from the side: "I think this court statement is very good..."

Jiang Hetao frowned slightly and glanced at Feng Qian lightly. He finally knew why Wang Mingxuan was sentenced to full sentence in the first trial.

Zhang Yingying sat on the other side and sighed deeply after hearing Feng Qian's words.

However, the trial continued and she said nothing more.

Boom!

The gavel was struck to judge Yangtze River Hetao.

"The prosecution has completed its case."

"Now let the litigant's lawyer make a court statement."

"Good judge"

Su Bai pulled out the litigation materials and directly rejected Lu Hongmei's point of view in the first sentence.

"We believe that the prosecution lawyer's statement has strong personal subjectivity and does not have the professional ethics that a lawyer should have, and we apply to reject the prosecution lawyer's statement."

Audience:? ? ?

Lu Hongmei:? ! ?

This court statement directly accuses her...?

Lu Hongmei's eyebrows were furrowed and she looked at Su Bai impatiently.

Su Bai noticed it, but didn't care at all and continued to state:

"According to the provisions of Article 55 of our country's Criminal Procedure Law, evidence is important and oral confessions are not taken lightly. The evidence is reliable and sufficient legal conditions can be known."

“For the sentencing of all cases, emphasis must be placed on evidence and investigation and research, and oral confessions must not be taken lightly. If there is only the defendant’s statement and no other evidence, the defendant cannot be found guilty and punished. Without the defendant’s confession, the evidence is reliable and sufficient. The defendant can be found guilty and punished.”

"The evidence is reliable and sufficient and should meet the following conditions:"

"One: The facts of conviction and sentencing are all supported by evidence."

"Two: The evidence on which the case was decided has been verified to be true through legal procedures."

"Three: Based on the evidence in the entire case, reasonable doubt has been eliminated regarding the facts identified."

"The prosecutor's accusation against Wang Mingxuan in this case was determined entirely through "subjective" factors. The facts and evidence relied on our confession. I would like to ask the prosecutor's lawyer, is this reasonable?"

“Does this comply with the legal definition of a court verdict?!”

"Which law are you basing your accusation on us on? Or are you simply ignoring the statutory regulations in Article 55 of the Procedural Law?!"

The most important thing in a trial is evidence!

There is no doubt about it.

Whether it is from subjective factors or objective factors, the debate revolves around one issue, that is, the applicable interpretation of the law and evidence.

It's like: If evidence was found that the perpetrator Lin Xiuyou was beaten while the vehicle in this case was driving.

Then you can definitely accuse Wang Mingxuan.

Or perhaps, Wang Mingxuan's behavior of insulting Lin Xiu is also evidence.

But what Lu Hongmei’s statement is is subjective, without any behavioral basis...

Is this inappropriate? Is it nonsense to influence the presiding judge's intention?

Su Bai asked a series of questions, which made Lu Hongmei's head buzz with questions.

no

Aren't we telling each other...?

Are you going to attack me directly...?

And, I can’t refute it yet.

Not the kind that cannot be refuted, but the kind that cannot be refuted.

Could it be that she directly said at the trial that Article 55 of the Procedural Law, which places emphasis on evidence, is not a legal requirement?

Definitely not!

Therefore, facing Su Bai's series of questions, Lu Hongmei's face turned green with anger.

But he couldn't say much else, so he could only remain silent.

for this trial.

Su Bai had already prepared, so there was no need to worry.

As long as the people on the bench dare to say anything, the first thing they do after the trial is to write down materials. Report directly.

There is nothing more to say.

Just report it directly and that's it.

After the thought flashed through, Su Bai continued to state:

"The prosecutor's statement is from the perpetrator's side and is expressed from a subjective perspective."

"But."

"The principle of application of the law is to judge whether a person is guilty based on evidence."

"And not from some subjective point of view."

"Presiding Judge, we have finished our statement."

After Su Bai finished his statement, he looked towards the trial seat.

The judgment seat at this time.

Jiang Hetao is considering the impact on society.

Zhang Yingying sided with Su Bai, while Feng Qian sided with the prosecutor.

The judges were not unanimous.

After more than ten seconds of silence, Jiang Hetao looked at Feng Qian: "Feng Qian, what's your opinion...?"

Feng Qian did not hesitate: "I think we should start from the perspective of social influence..."

Jiang Hetao frowned slightly.

"Since the opinions are not unanimous, let's discuss it again."

Boom!

The gavel was struck to adjourn the court, and a verdict was made after the court session.

Second adjournment!

.

….….

During the recess.

Su Bai's expression was dull at the litigant's seat. In this trial, no matter how many times the trial was adjourned, even if the judge discussed some subjective factors and there was no substantive evidence, Wang Mingxuan could not be found guilty.

You want to rely on a subjective factor to determine someone's guilt.

If I don’t send you in, who will?

Pooh!

Who will be sent in!

His idea was misled by Xiao Li! !

At the prosecutor's seat.

Xu Qing and Lu Hongmei were undecided about the questions Su Bai had just asked in court.

I don’t know what will happen if the court is adjourned this time and waits until the trial begins.

Xu Qing whispered: "I feel that the lawyer on the opposite side seems to be more confident than us in making court statements..."

Hear Xu Qing's words.

Lu Hongmei frowned deeply and said nothing.

Xu Qing knew that he had said the wrong thing just now, so he looked at Lu Hongmei carefully and did not speak any more.

.

….….

At the same time, members of the collegial panel were discussing indoors.

Jiang Hetao said directly: "Let's talk about it. Let's talk about your two opinions."

"You two had different opinions before the court statement. Now after the statement, you two will talk about it."

Feng Qian: "I still have the same opinion. I think it is an established fact that the perpetrator died...and you have also seen the huge social impact, Judge Jiang..."

Zhang Yingying frowned, no, the court statement has ended...

The litigant has already come up with it and explained it to the absolute letter of the law. Isn’t it a violation to bite the bullet and decide?

Zhang Yingying was silent for a few seconds, and then said: "I still maintain my opinion."

"And I think the acquittal has indeed had a huge social impact, but if the person is convicted, it will be a violation of our procedures and a violation of statutory regulations."

"This will have a huge impact on the credibility of the judiciary...The resulting public opinion will have a greater social influence."

"Presiding judge, I think we should not only consider the public opinion of the perpetrator, but also the social influence of the judicial department."

"I still think the verdict is innocent in this matter... Moreover, the litigation lawyer Su Bai... is a senior and top criminal lawyer in Nandu..."

"If we are found guilty in this case, then it is obvious that there are certain problems with the sentencing result of our collegial panel members..."

"After all, through judicial interpretation, there is no strong evidence to prove Wang Mingxuan's guilt in this case. According to the principle of acquittal, and in accordance with the legal provisions of Article 55 of the Procedural Law."

"A guilty verdict...then it is very likely that the other party will question the outcome of the trial."

"Questioning? Our verdict is well-founded, how can he question it?"

Feng Qian asked further.

Zhang Yingying was silent and didn't want to talk at all.

Yes, yes, your sentence is well-founded.

But if the other party raises questions about your judgment during the court hearing, how do you answer them?

If you can’t give me an explanation, why do you make such a judgment?

The other party has already provided legal basis, but you still insist on making this judgment. If you don't go in, who will?

Zhang Yingying remained silent and didn't speak... because she didn't want to pay attention to Feng Qian at all.

Jiang Hetao took a long breath and nodded, obviously understanding more than Feng Qian.

He was originally worried about public opinion and influence, and thought about whether he should have a suspended sentence.

There is a certain tendency, but not much.

But through what Zhang Yingying said.

If public opinion and influence are really taken into consideration when making a judgment.

That is the greatest injustice to justice!

The influence caused by this is much greater than the subsequent situations caused by public opinion and influence!

With this in mind...

Jiang Hetao stood up: "Yes! I support Zhang Yingying's point of view."

"But.…"

Feng Qian wanted to say more, but was directly interrupted by Jiang Hetao.

"No, Feng Qian, I think there is a certain problem with your subjective factors, and you were too subjective during the trial."

"As a judge, you do have your own tendencies, but your tendencies are too obvious and illogical, and you even ignore basic legal provisions!"

"This idea of ​​yours is dangerous and you are not suitable to serve as a judge."

"I will report this matter to the dean later and request to be transferred from your position."

"Okay! This matter is settled!"

Feng Qian wanted to speak and said that she knew she was wrong, but Jiang Hetao waved her hand and blocked her back.

As the presiding judge, Jiang Hetao was much higher than her. Feng Qian was a little anxious about Jiang Hetao's words, but there was nothing she could do.

Seeing this, Zhang Yingying said nothing more.

If Jiang Hetao really adopts Feng Qian's opinion today.

So.…

It will be very troublesome later...

As the chief judge, Jiang Hetao will also be seriously affected.

So this is one of the reasons why Jiang Hetao is so serious.

An unfair verdict will have a profound impact on the credibility of the judiciary.

Obviously.…

Feng Qian is too subjective and is indeed not suitable to continue to serve as a judge.

.

….….

The court recess passed quickly.

In the voice of the clerk, the third hearing was held.

The court convened to announce the verdict.

Boom!

Jiang Hetao banged the gavel.

Clerk: "Everyone stand up and ask the presiding judge to announce the verdict!"

Boom!

Jiang Hetao picked up the judgment materials with both hands and spoke slowly:

"The cause of this case: Wang Mingxuan refused to obey the first-instance judgment and requested an appeal to the second instance to plead not guilty."

"This court has jurisdiction over this case, and all applicable laws are in accordance with domestic laws."

"The verdict is announced below:"

"Based on the research decision of the collegial panel, the litigants applied to revoke the first-instance judgment and plead not guilty. The current judgment results are as follows:"

"First, in response to the application filed by the litigant, the first-instance judgment was revoked."

“The Saudi High Court, the court of second instance, determined that the judgment of first instance was unclear about Wang Mingxuan’s subjective judgment and had no strong factual basis.”

“The method of relying on the judgment is only based on Wang Mingxuan’s subjective identification and the perpetrator’s psychological identification, and there is no objective evidence to make the determination.”

"According to Article 55 of the Criminal Procedure Law:"

“If there is no evidence to prove guilt, the conditions for imposing a sentence are not met.”

"With this."

"This court, the Saduak High Court, as the court of second instance, found:"

"The result of the first instance judgment is revoked."

"Wang Mingxuan was found not guilty and released in court!"

"According to the provisions of my country's Procedural Law, if both parties to the lawsuit determine that the facts of the judgment are wrong or the basis for the judgment is wrong, they can submit to the relevant departments for review and supervision after the court is closed, or file a request for retrial."

"The judgment will be issued to all parties within ten days of the closing of court."

Boom!

The gavel sounded, announcing the result.

"Closed court!"

As the last two words fell, the verdict came out.

Lu Hongmei sat at the prosecutor's seat and looked at Feng Qian, stunned for a few seconds.

No...how could he be found not guilty so directly?

It should at least be given a suspended sentence, right?

In the first trial, the verdict was full. This time, not only was there no verdict, but there was also a direct verdict of not guilty?

This is a little different from what Lu Hongmei imagined...

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