I was watched by the Internet police during the live broadcast of law popularization?

Chapter 218 There must be no retrospective period for crimes!
In the reception room of the trial court, the first-instance judge Liu Zhipeng looked at Li Chen's appeal and was extremely angry.

This is the first time he has been questioned about his professional competence as a grassroots judge for more than 20 years.

It is more of an accusation than an inquiry.

Question [-], did Liao Hongqiang gather people to fight with weapons?

In the case, there were obvious discrepancies in the confessions of both parties.

In Liao Hongqiang's statement, he denied that he had gathered a crowd to fight, claiming that he took the stick because of the threat posed by the unequal number of opponents. His classmates were fighting and should not be members of the crowd.

In the other party's statement, Liao Hongqiang and others all participated in the brawl, and everyone held sticks of different lengths.

When asked why the other party did not call the police, their answer:
For fear of being held criminally responsible, there were no serious injuries.

The other party did not cause minor injuries, and there was no reporter to make a report. It was the result of the interrogation of the criminal suspect by the Wushu Association. The criminal suspect and others had no direct relationship with another case.

in other words:

The criminal was arrested for fighting with others. During the interrogation, it was found that he had conflicts with others a long time ago. The Wushu Association also followed the clues and arrested the person who had conflicts with them. The reason was that he had conflicts with this person many years ago. People had conflicts and violated the law. Is this reasonable?
The second question is the substantive evidence of the crime.

In the case, the actual assault by both parties was only described by the other party's confession.

In the description of the confession, there is no unified statement about the length of the weapon.

Six suspects, six arguments, how long is the weapon?
Ten centimeters?Twenty centimeters?Or fifty centimeters?
Now that there are specific references, as a law enforcement unit, do we need to produce corresponding evidence to prove that this case really happened?

The third question is the period of review of the case.

The retrospective period of the case shall be judged according to the consequences of the other party's behavior.

The counting starts from the day when the criminal suspect completes the crime.

It has been more than ten years since the police filed the case, and the martial arts association department did not receive the report to file the case for investigation at that time, and Liao Hongqiang and others never used illegal means to evade accountability.

The existing legal provisions on the prosecution of cases, why do you still pursue legal responsibility for a case that may have occurred more than ten years later?

The most terrible thing is the latter, which almost means that they judged the case indiscriminately.

"The language of your appeal is too intense, right?"

After reading Li Chen's appeal, Judge Liu looked at Li Chen and asked.

If this thing was replaced by a quick-tempered judge, I'm afraid he couldn't help but yell at him long ago, right?
You are a lawyer, if you get rid of the crime for the criminal, why do you want to put a label on the other person's head?

Can't leave without authorization...

"Am I not telling the truth?"

Li Chen heard the words and looked at the original judge opposite with a blank expression.

He just let the other party see what he did and what case he was sentenced.

Longguo has clear regulations on appeals:

An appeal is to be filed in the trial court of first instance.

Regarding the content described in the appeal petition, the trial judge will see it.

This is also very unreasonable.

An appeal is dissatisfaction with the judgment of the local court, which is similar to suing this court.

As for the content of the appeal, the judge of the original trial court will see that even if you directly submit it to the higher court, they will send your content to the original court.

Perhaps that is why the content of the appeal is so difficult to write.

this thing...

It's not without risk either...

"Isn't it true that the incident happened?"

Judge Liu asked back when he heard the words, and Li Chen said, "How can we be sure that this matter is the truth?

Don't you think the judgment in this case is a bit too reluctant based on the confessions of both parties alone, without any witnesses or evidence? "

"What's more, the case's statute of limitations, this case has obviously passed the statute of limitations, so he shouldn't be pursued for criminal responsibility, right?"

"Your appeal can be entirely based on evidence, can't it?"

Judge Liu continued to ask, but Li Chen asked after hearing the words: "During the trial of the case, don't you, as the trial judge, have no responsibility?

You said there is a problem with my appeal, okay, then tell me, what is the problem with my appeal? "

Judge Liu sighed helplessly after hearing the words: "Okay, I understand, you can go."

"Okay, Judge Liu."

Li Chen turned and left the trial court, leaving only Liu Zhipeng in the reception room.

Looking at the appeal in hand, I feel a little headache.

If this thing is handed in, 80.00% will be sent back for retrial.

"How could I have been found guilty?"

Liu Zhipeng was somewhat puzzled.

Seems to be…

Trust in the District Attorney's Office?

The defendant admitted that he had done illegal acts, is the sentence wrong?
never mind…

I don't think so much anymore, and the court will be held in the afternoon.

Thinking of this, Liu Zhipeng didn't have too many doubts, but prepared to make two copies of the appeal, one to the prosecutor of the District Prosecutor's Office who was in charge of the prosecution, and the other to be kept by himself, and the original was to be handed over to his superior court .

As for what the higher court should do, that was not what he was thinking about.

If you make a mistake, you must admit it. Since you have made a mistake, you must correct it. This is the responsibility that a judge should have.

District Attorney's Office.

Prosecutor Wang, who received the appeal from the court, couldn't help frowning when he looked at the copy.

He really didn't expect that the suspect's new lawyer would be so bold that he would openly accuse their law enforcement agency of wrongdoing.

However, as far as the case itself is concerned, there is nothing wrong with the problems pointed out by the other party from the perspective of the criminal suspect.

Evidence issues, case review period...

You can think about this question from your own position:

The suspect had committed a crime before, only because it was not discovered at the time.

Now that I have discovered it, I can't pretend not to see it, can I?

From my point of view, this matter is not a big problem.

After all, I also asked him about his confession during the arraignment, and he himself said that there were no violations.

If you have ever organized and participated in a fight, you should be punished by law.

Ordinary people often hope that their law enforcement units will act fairly and justly.

In this matter, he is fair and just.

First of all, he didn't wrong a good person, so he should not let any bad person go.

It is what their law enforcement units should do to let criminals be punished by law.

In the first trial, he had a very heated debate with the opposing lawyer on this issue.

A person who has broken the law should not ignore his criminal behavior because of the long time.

There is no retrospective period for crimes, nor should there be…

(End of this chapter)