The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 402 Why didn't Zhang Wei talk about it?
Chapter 402 Why Didn't Zhang Wei Talk?
They accused Zhang San and Li Si of setting off firecrackers and causing Wang Er's death.
but……
Actually.
There was only one sound of firecrackers.
That's enough to show that there's something wrong with their allegations.
Because they described it clearly in the evidence submitted, the two each lit a firecracker and put it in.
On this basis, the two were prosecuted at the same time.
But now Qin Mu said...
A firecracker misfired!
Because of this little detail...
Their accusations against the two will be judged to be imprecise and lose the validity of the evidence.
In accordance with the principles of our country's criminal law.
There is no doubt.
That is to say, on the basis of verifying the truth of each piece of evidence, a comprehensive review of the evidence in the entire case should be conducted as a whole, through logical reasoning and judgment, to form inner conviction, and if a completely closed chain of evidence cannot be formed, there is a realistic possibility of innocence should be deemed a suspected crime.
Simply put.
That is, if it cannot be determined that the defendant has really committed a crime, but if there is any doubt, it cannot be concluded that the person is guilty.
Ancient Yue Fei's unfounded charges...
In modern criminal law, it is not established.
And the one who decides beyond doubt is usually the procuratorate.
That is, the prosecutor's side.
On the prosecution bench.
The two lawyers from Yangcheng looked gloomy and were staring at Qin Mu.
Qin Mu's speech...
It completely disrupted their position and defeated all the evidence they worked so hard to sort out.
There's nothing wrong with their evidence.
But Qin Mu's point of view hits the nail on the head.
If they can't distinguish which person threw the firecracker, they can't prosecute and convict two people.
Laws are strict.
This is especially true of the criminal law, where there is no room for doubt, and a perfect closed loop is necessary.
And in the auditorium.
The expressions on the faces of the gold medal lawyers who came to the Eighth Moot Court were also full of shock.
They all stared at Qin Mu with incredulous eyes.
"Blind spot! He actually found the blind spot?"
"It's not like a trainee lawyer can bring it up? I have been working in criminal defense for decades, but I haven't found this loophole!"
"It's over, this case is going to be turned against the wind, can you lose this?"
"I was wrong, I didn't expect that he really has two brushes."
"These are not just two brushes. There is no one worthy of a great name. I finally know how Qin Mu got those names."
"..."
Everyone lowered their voices with complex expressions.
Sweep away the disdain before.
Qin Mu's manipulation...
Totally amazed them.
Ordinary people can't think of such a terrible way to deal with it.
Under such a huge disadvantage.
It was turned over by Qin Mu!
as a top lawyer.
They all knew that Qin Mu's point of view was extremely damaging.
This will lead to obvious loopholes in the accusation evidence presented by Yangcheng's lawyers.
Not to mention it's a crime.
Not even accusations can be done!
It is impossible for a court to judge a case with such a huge loophole as a crime.
"How... how is it possible?"
Zhao Baiqin in the auditorium was shocked, and his eyes also widened.
He muttered: "Isn't he a trainee lawyer? How can he have such a level?"
Even he didn't find this breakthrough method.
But it happened to be found by Qin Mu.
"No!"
"He's just a coincidence!"
He gritted his teeth and shook his head violently.
I still don't want to believe the scene in front of me.
Just a trainee lawyer.
How could it be so awesome?
The biggest possibility is that Qin Mu found this blind spot because of his luck when he ran into a dead mouse.
next time……
It is absolutely impossible for Qin Mu to have such luck.
……
at the same time.
Law Study Alliance Forum.
Following Qin Mu's astonishing words, the forum immediately exploded.
"Wow, UP is going to turn defeat into victory, I believe UP is right!"
"Hiss!! Firecrackers only go off once? This should be the literal meaning of the questioner, right? Can this be used by up?"
"Is there a boss who can explain the difference between one beep and two beeps?"
"You have been studying with up for so long, and you don't know this?"
"..."
One post after another popped up.
What to discuss...
All of them are the objections put forward by Qin Mu.
The firecrackers only rang once!
soon.
Some authoritative people came forward and carefully analyzed the legal knowledge behind the "sound".
First of all.
Both of them lit firecrackers, so it would normally go off twice.
But according to eyewitness accounts, there was only one ring.
And the case of a loud noise...
There are two types, one is that Zhang San’s firecrackers go off, but Li Si’s doesn’t go off, and the other is that Zhang San’s firecrackers don’t go off, but Li Si’s goes off.
under these circumstances.
It is obviously unworkable for the public prosecutor to accuse Zhang San and Li Si of committing crimes.
Because at least one party's behavior...
It did not cause serious consequences, and had nothing to do with Wang Er's death, so he does not need to bear any responsibility.
Also.
Two firecrackers were lit, but they sounded at the same time.
This is rare, but possible.
In this case, the public prosecutor's prosecution of Zhang San and Li Si is valid.
but……
However, the public prosecutor needs to add a key piece of evidence, that is, the two firecrackers were fired at the same time.
only if.
To convict both of them at the same time.
however……
It is impossible to collect evidence that two firecrackers went off at the same time.
As long as the public prosecution cannot prove that the firecrackers went off at the same time, both of them are innocent.
therefore.
Based on the above circumstances, it is impossible to convict Zhang San and Li Si in any case.
"Up is really a heifer flying on a plane. It's awesome. This brain circuit is really beyond the reach of ordinary people."
"This is a top lawyer! If one day I commit a crime and go bankrupt, I will ask UP to defend me!"
"Me too! As long as I can invite Up, I think I can be called shopping by Up if I go to rob a bank."
"Calm down, don't brag too much, it's not certain who wins and who loses, can't the public prosecution agency drain the pond and find unlit firecrackers?"
"..."
It didn't take long.
In the forum, there are bars and spirits, and another possibility has been proposed.
If there is only one sound, it proves that a firecracker has not sounded.
The public prosecution agency can completely drain the pond, find the firecracker that did not go off, and identify the fingerprints to determine who is not guilty.
"Negative personality appeared, draining the pond to find firecrackers? There is so much mud in the pond, are you sure you can find the unexploded firecracker?"
"Hehe, let me add, even if you found the unexploded firecracker, after soaking in water for so long, are you sure you can extract the fingerprints from the firecracker?"
"Drain the pond? You can think of such a method. Why don't you say that you say your words and deeds to force Zhang San and Li Si to confess their crimes?"
"Cold knowledge: Fingerprints will be destroyed if soaked in water for more than seven days, and nothing can be detected!"
"Zhang San said that I was wearing gloves and had no fingerprints."
"..."
in the forum.
Everyone's brains were wide open, and they expressed their opinions.
in fact.
It is almost impossible to find the truth from firecrackers.
Judging from the fact that there was only one sound at the scene, there must have been a firecracker blown to pieces, and nothing was found.
And another...
Most likely not found.
Even if you find it, you won't be able to find out who threw it.
In order to convict Zhang San and Li Si, the public prosecution agency must determine which person's firecrackers went off.
Otherwise, both of them are "suspected crimes" and should never be accused.
……
Jincheng.
nursing home.
yard.
Zhang Qingyuan, Li Weiguo and other old people stared straight at the projection screen, watching Qin Mu's live broadcast.
Ever since Qin Mu left.
They waited and waited until this day finally came.
After listening to Qin Mu's defense...
It also made many old people's eyes shine, and their emotions surged.
"Fuck those Yangcheng lawyers! Let them be so arrogant!"
"Old Zhang, why are you shouting so loudly? Can you understand what Xiao Qin said just now?"
"What else do you mean? Didn't you say that a firecracker was going off? Xiao Qin obviously wants to protect someone. To be able to protect someone under such a big disadvantage, Xiao Qin is already good enough."
"I don't know which person Xiao Qin plans to save? Zhang San or Li Si? It's a bit tangled to let me go."
"Is it possible... Xiao Qin wants to save two people?"
"..."
among the elderly.
Many people who had understood Qin Mu's purpose took the initiative to stand up and explain the meaning of "one ring" to everyone.
Not finished yet.
The old people present were even more excited.
"Good job! I said that Xiao Qin can crush this time, right? What are lawyers all over the country? You drove Xiao Qin into a hurry and sued all these lawyers!"
"Xiao Qin's luck can be considered unlucky, and he actually got the defendant. There must be an inside story in this mock trial. I suggest a strict investigation!"
"Have you noticed that Zhang Wei hasn't said much?"
"Speak? Then you have to have a chance to speak."
"..."
The old people shouted excitedly while knocking the melon seeds.
(End of this chapter)
They accused Zhang San and Li Si of setting off firecrackers and causing Wang Er's death.
but……
Actually.
There was only one sound of firecrackers.
That's enough to show that there's something wrong with their allegations.
Because they described it clearly in the evidence submitted, the two each lit a firecracker and put it in.
On this basis, the two were prosecuted at the same time.
But now Qin Mu said...
A firecracker misfired!
Because of this little detail...
Their accusations against the two will be judged to be imprecise and lose the validity of the evidence.
In accordance with the principles of our country's criminal law.
There is no doubt.
That is to say, on the basis of verifying the truth of each piece of evidence, a comprehensive review of the evidence in the entire case should be conducted as a whole, through logical reasoning and judgment, to form inner conviction, and if a completely closed chain of evidence cannot be formed, there is a realistic possibility of innocence should be deemed a suspected crime.
Simply put.
That is, if it cannot be determined that the defendant has really committed a crime, but if there is any doubt, it cannot be concluded that the person is guilty.
Ancient Yue Fei's unfounded charges...
In modern criminal law, it is not established.
And the one who decides beyond doubt is usually the procuratorate.
That is, the prosecutor's side.
On the prosecution bench.
The two lawyers from Yangcheng looked gloomy and were staring at Qin Mu.
Qin Mu's speech...
It completely disrupted their position and defeated all the evidence they worked so hard to sort out.
There's nothing wrong with their evidence.
But Qin Mu's point of view hits the nail on the head.
If they can't distinguish which person threw the firecracker, they can't prosecute and convict two people.
Laws are strict.
This is especially true of the criminal law, where there is no room for doubt, and a perfect closed loop is necessary.
And in the auditorium.
The expressions on the faces of the gold medal lawyers who came to the Eighth Moot Court were also full of shock.
They all stared at Qin Mu with incredulous eyes.
"Blind spot! He actually found the blind spot?"
"It's not like a trainee lawyer can bring it up? I have been working in criminal defense for decades, but I haven't found this loophole!"
"It's over, this case is going to be turned against the wind, can you lose this?"
"I was wrong, I didn't expect that he really has two brushes."
"These are not just two brushes. There is no one worthy of a great name. I finally know how Qin Mu got those names."
"..."
Everyone lowered their voices with complex expressions.
Sweep away the disdain before.
Qin Mu's manipulation...
Totally amazed them.
Ordinary people can't think of such a terrible way to deal with it.
Under such a huge disadvantage.
It was turned over by Qin Mu!
as a top lawyer.
They all knew that Qin Mu's point of view was extremely damaging.
This will lead to obvious loopholes in the accusation evidence presented by Yangcheng's lawyers.
Not to mention it's a crime.
Not even accusations can be done!
It is impossible for a court to judge a case with such a huge loophole as a crime.
"How... how is it possible?"
Zhao Baiqin in the auditorium was shocked, and his eyes also widened.
He muttered: "Isn't he a trainee lawyer? How can he have such a level?"
Even he didn't find this breakthrough method.
But it happened to be found by Qin Mu.
"No!"
"He's just a coincidence!"
He gritted his teeth and shook his head violently.
I still don't want to believe the scene in front of me.
Just a trainee lawyer.
How could it be so awesome?
The biggest possibility is that Qin Mu found this blind spot because of his luck when he ran into a dead mouse.
next time……
It is absolutely impossible for Qin Mu to have such luck.
……
at the same time.
Law Study Alliance Forum.
Following Qin Mu's astonishing words, the forum immediately exploded.
"Wow, UP is going to turn defeat into victory, I believe UP is right!"
"Hiss!! Firecrackers only go off once? This should be the literal meaning of the questioner, right? Can this be used by up?"
"Is there a boss who can explain the difference between one beep and two beeps?"
"You have been studying with up for so long, and you don't know this?"
"..."
One post after another popped up.
What to discuss...
All of them are the objections put forward by Qin Mu.
The firecrackers only rang once!
soon.
Some authoritative people came forward and carefully analyzed the legal knowledge behind the "sound".
First of all.
Both of them lit firecrackers, so it would normally go off twice.
But according to eyewitness accounts, there was only one ring.
And the case of a loud noise...
There are two types, one is that Zhang San’s firecrackers go off, but Li Si’s doesn’t go off, and the other is that Zhang San’s firecrackers don’t go off, but Li Si’s goes off.
under these circumstances.
It is obviously unworkable for the public prosecutor to accuse Zhang San and Li Si of committing crimes.
Because at least one party's behavior...
It did not cause serious consequences, and had nothing to do with Wang Er's death, so he does not need to bear any responsibility.
Also.
Two firecrackers were lit, but they sounded at the same time.
This is rare, but possible.
In this case, the public prosecutor's prosecution of Zhang San and Li Si is valid.
but……
However, the public prosecutor needs to add a key piece of evidence, that is, the two firecrackers were fired at the same time.
only if.
To convict both of them at the same time.
however……
It is impossible to collect evidence that two firecrackers went off at the same time.
As long as the public prosecution cannot prove that the firecrackers went off at the same time, both of them are innocent.
therefore.
Based on the above circumstances, it is impossible to convict Zhang San and Li Si in any case.
"Up is really a heifer flying on a plane. It's awesome. This brain circuit is really beyond the reach of ordinary people."
"This is a top lawyer! If one day I commit a crime and go bankrupt, I will ask UP to defend me!"
"Me too! As long as I can invite Up, I think I can be called shopping by Up if I go to rob a bank."
"Calm down, don't brag too much, it's not certain who wins and who loses, can't the public prosecution agency drain the pond and find unlit firecrackers?"
"..."
It didn't take long.
In the forum, there are bars and spirits, and another possibility has been proposed.
If there is only one sound, it proves that a firecracker has not sounded.
The public prosecution agency can completely drain the pond, find the firecracker that did not go off, and identify the fingerprints to determine who is not guilty.
"Negative personality appeared, draining the pond to find firecrackers? There is so much mud in the pond, are you sure you can find the unexploded firecracker?"
"Hehe, let me add, even if you found the unexploded firecracker, after soaking in water for so long, are you sure you can extract the fingerprints from the firecracker?"
"Drain the pond? You can think of such a method. Why don't you say that you say your words and deeds to force Zhang San and Li Si to confess their crimes?"
"Cold knowledge: Fingerprints will be destroyed if soaked in water for more than seven days, and nothing can be detected!"
"Zhang San said that I was wearing gloves and had no fingerprints."
"..."
in the forum.
Everyone's brains were wide open, and they expressed their opinions.
in fact.
It is almost impossible to find the truth from firecrackers.
Judging from the fact that there was only one sound at the scene, there must have been a firecracker blown to pieces, and nothing was found.
And another...
Most likely not found.
Even if you find it, you won't be able to find out who threw it.
In order to convict Zhang San and Li Si, the public prosecution agency must determine which person's firecrackers went off.
Otherwise, both of them are "suspected crimes" and should never be accused.
……
Jincheng.
nursing home.
yard.
Zhang Qingyuan, Li Weiguo and other old people stared straight at the projection screen, watching Qin Mu's live broadcast.
Ever since Qin Mu left.
They waited and waited until this day finally came.
After listening to Qin Mu's defense...
It also made many old people's eyes shine, and their emotions surged.
"Fuck those Yangcheng lawyers! Let them be so arrogant!"
"Old Zhang, why are you shouting so loudly? Can you understand what Xiao Qin said just now?"
"What else do you mean? Didn't you say that a firecracker was going off? Xiao Qin obviously wants to protect someone. To be able to protect someone under such a big disadvantage, Xiao Qin is already good enough."
"I don't know which person Xiao Qin plans to save? Zhang San or Li Si? It's a bit tangled to let me go."
"Is it possible... Xiao Qin wants to save two people?"
"..."
among the elderly.
Many people who had understood Qin Mu's purpose took the initiative to stand up and explain the meaning of "one ring" to everyone.
Not finished yet.
The old people present were even more excited.
"Good job! I said that Xiao Qin can crush this time, right? What are lawyers all over the country? You drove Xiao Qin into a hurry and sued all these lawyers!"
"Xiao Qin's luck can be considered unlucky, and he actually got the defendant. There must be an inside story in this mock trial. I suggest a strict investigation!"
"Have you noticed that Zhang Wei hasn't said much?"
"Speak? Then you have to have a chance to speak."
"..."
The old people shouted excitedly while knocking the melon seeds.
(End of this chapter)
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