Lawyer

Chapter 189
"The next step is to present evidence and cross-examination. The plaintiff will present evidence." The female judge said.

"The plaintiff has only one piece of evidence, the "Administrative Punishment Decision", which proves the fact that the defendant punished the plaintiff. The proof is complete." Fang Yi said.

"The defendant cross-examined." The female judge said.

"The defendant agrees with the plaintiff's evidence," said the big-eared male lawyer.Of course, the "Administrative Punishment Decision" issued by the defendant must be recognized.

"Defendant, present evidence." The female judge said.

On the one hand, the male judge with big ears handed over the evidence in duplicate to the female judge, and the female judge gave one of them to Fang Yi.

"The first piece of evidence, the transcript of the interrogation and the simultaneous audio and video recording of the interrogation, proves that the defendant's procedure was correct, and the plaintiff admitted that he had taken DP two or three days ago;

The second piece of evidence is the urine test report. The defendant’s urine test on the plaintiff was positive for morphine, which proved that the plaintiff had taken DP.

The proof is over. "The big-eared male lawyer said.

The clerk brought a laptop and played the simultaneous audio and video of the interrogation in court.

"The plaintiff cross-examines." After the broadcast, the female judge said.

"The first piece of evidence is that the plaintiff does not approve of the authenticity, relevance, and legitimacy of the interrogation transcripts and simultaneous audio and video recordings.

According to the record of the defendant's interrogation of the plaintiff, the interrogators are Zhao Yidong and Feng Sheng, and the recorder is Zhao Yidong.The simultaneous audio and video recording of the plaintiff's questioning submitted by the defendant showed that three police officers questioned the plaintiff.We need to confirm the identities of the three. "Fang Yi said.

"Defendant, who are the three police officers in the video played just now? One of them seems to be the defendant's agent?" The female judge immediately understood Fang Yi's meaning and looked at the dock.

"I'm Zhao Yidong, and the other two people in the video are my colleagues Zhou Tao and Feng Sheng. Zhou Tao came in to help and did not violate the procedures." The male police officer sitting next to the big-eared male lawyer replied.

"You provide the identity information of the two of you. Do you have a police officer's certificate? If you can't provide it, we will go to court to read it." The female judge said.

"Then what, I misread it just now. The other one is not Feng Sheng, but Li Bing." After whispering a few words with Fang's big-eared male lawyer, Police Officer Zhao corrected himself by scratching his head.

"We will provide their police certificates to the court," Fang's big-eared male lawyer added.

In fact, as early as when he saw the video, the big-eared male lawyer noticed something was wrong, but the transcript and simultaneous audio and video recordings are the key evidence to determine that the plaintiff violated the law. The "Decision on Punishment" was revoked, so Fang's big-eared male lawyer can only hope that the plaintiff's attorney is unprofessional, can't find the problem, and fooled it.

Now that Fang Yi has discovered the problem, there is nothing he can do. Zhao Yidong wants to cover up the truth, but with one person and one police number, can he cover it up?It's too late for plastic surgery now.

After listening to Zhao Yidong's words, Fang Yi couldn't help being excited, his little heart was beating wildly.Because he found a turning point, a turning point that could turn the case from failure to victory.

Fang Yi didn't expect to catch up this time, and really found the problem.When I watched the video just now, I just felt that there was one more person suddenly, which did not match the number on the record. I didn't expect there to be such a big discrepancy.

"Okay, the defendant will submit the information of the two police officers in court. The plaintiff will continue to cross-examine." The female judge said.

"The police officer interrogated and recorded in the defendant's transcript is inconsistent with the police officer in the video, and there are serious procedural problems. Therefore, the interrogation transcript provided by the defendant is suspected of being tampered with and should not be accepted.

The second piece of evidence, the urine test report, was signed by Zhao Yidong and Feng Sheng. The plaintiff believed that the two were police officers handling the case. The defendant's test violated the "Regulations on Drug Abuse Test Procedures" promulgated by the Ministry of Public Security. Not only was the procedure seriously illegal However, the test report made cannot guarantee its rigor and fairness, and should not be used as evidence to determine the fact that the plaintiff took drugs.Therefore, the plaintiff did not approve the second piece of evidence.

Cross-examination is complete. "Fang Yi said.

"Defendant, how many police officers have been punished this time?" asked the female judge.

"Two, me and Feng Sheng." Zhao Yidong glanced at the big-eared male lawyer and said.It was recorded in the punishment records, and if there were marks left, he dared not lie, otherwise the judge would release all the materials as soon as he transferred them.

"Who did the sampling and testing of the plaintiff's urine test?" the female judge then asked.

"It's me, Zhao Yidong and Feng Sheng." Zhao Yidong said.

"I would like to explain this. Due to the special nature of the profession, other police officers went to patrol the streets on the day of the punishment. The urine test was conducted by the two of them due to shortage of manpower. Please forgive the difficulty of the police." Fang Daer, a male lawyer Played the emotional card.

"Insufficient personnel cannot be used as an excuse for illegal procedures and violations of the relevant regulations of the Ministry of Public Security. It is the greatest injustice to be both an athlete and a referee. The Ministry of Public Security formulates relevant regulations for rigorous, scientific, and fair purposes, and to avoid random punishments. " Fang Yi retorted directly.

……

"The plaintiff makes his final statement," said the female judge.

"...According to Article 20 of No. [-] of the Regulations on the Procedures for Handling Administrative Cases by Public Security Organs, 'the public security organs must follow legal procedures to collect evidence that can prove whether the suspect violated the law and the severity of the violation.'

In this case, the main evidence for the defendant to determine that the plaintiff took drugs at home was the interrogation record and the urine test report of the plaintiff.

However, the interrogation records and urine test reports, which are important evidence for punishment, are obviously illegal in procedure and should not be accepted. Therefore, although the plaintiff's urine test was positive, it is not enough to prove that the plaintiff smoked at home on June [-], [-]. DP facts.

The plaintiff asked the court to support the plaintiff's claim in accordance with the law.complete. "Fang Yi said.

……

When Fang Yi walked out of the court, he felt very comfortable. He had given up hope for this case, and planned to follow a procedure, but an opportunity appeared in the link of proof and cross-examination.I didn't expect, I really didn't expect that the trial was over in an instant, and anything could happen.

Fang Yi took out his mobile phone and called Zhou Deguang. After listening to Fang Yi's description of the trial, Zhou Deguang was overjoyed.

"Lawyer Fang, according to your statement, my brother-in-law Li Song's case has been won?" Zhou Deguang said excitedly.

"It's about the same. There is a high probability that this is the case. Of course, unexpected situations cannot be ruled out." Fang Yi didn't dare to speak too much.

Afterwards, Fang Yi sent Zhou Shen another WeChat message, briefly introducing the situation of the trial.Zhou Shen didn't expect that Fang Yi's luck would be so good, and his first administrative litigation case would turn around.

People's luck, don't accept it!
On Saturday, Fang Yi went to pick up his son Fang Anzhi, and found that his ex-wife Cao Xiaohui was a little different from before. Her face was indifferent and slightly arrogant, and she didn't even look at him when she spoke.

(End of this chapter)