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Chapter 281: Questioning at the court hearing, this is a serious procedural violation!
Chapter 281: Questioning at the court hearing, this is a serious procedural violation!
"The presiding judge is aware of your request."
After listening to Li Chen's application request, the chief judge responsible for hearing the case was not angry because he did not take his opinions seriously at all...
The pretrial meeting lasted for another half hour, and Li Chen and the prosecutors were also dealing with the main evidence recorder.
According to Li Chen, the purpose of the other party's voice recorder was impure from the beginning, and his client's answer was just to deal with his mother-in-law.
His mother-in-law's initial purpose was not to collect the facts of his crime, she just wanted to use it as a bargaining chip to blackmail the other party.
In this case, the two parties had different purposes from the beginning, so the conversation on the recorder naturally lost its authenticity.
However, the prosecutor still insisted on his original opinion:
The content of the recording was described by Zhang Yong voluntarily, and no one forced him to say such things.
If the victim reported it and the defendant admitted the fact of rape during a conversation with his mother-in-law, then he must be punished accordingly.
The pretrial meeting was not the scene of the trial, and Li Chen was too lazy to waste his time with such people.
After leaving the trial court, Li Chen took a taxi to return to his hotel.
Lying on the bed, thinking about everything today, he was also a little annoyed.
Some people are like this, knowing clearly that they have made mistakes but still not correcting them.
As a law enforcement officer, don't you just have to strictly follow the relevant requirements?
They are obviously not guilty, but you don't have enough evidence to prove their guilt, so why do you have to treat them as criminals?
I have to say...
Some law enforcement officers enforce the law too impartially...
The next day.
At 08:30 in the morning, Li Chen got up and packed everything to go to the trial court.
When we arrived at the entrance of the trial court, we also met Zhang Yong's parents.
At this time, Zhang Yong’s parents looked rather haggard...
Also...
It was originally a good thing for my son to get engaged to his girlfriend, but now my son has become a prisoner for no reason, and he has been detained for more than 100 days without being able to see him. If he is in good spirits, he has seen a ghost.
This is also the tragedy of ordinary people.
When faced with a similar situation, you can only act anxiously...
"Lawyer Li."
Zhang Yong's father came up and seemed hesitant to speak.
He wanted to ask the other party about the status of this lawsuit and whether he wanted me to clear his son's name...
"I know what you want to ask me."
If it were anyone else, Li Chen wouldn't bother to pay attention.
Both sides just looked at you, with a trace of longing in their eyes...
Poor parents all over the world...
"I can't guarantee much. I can only tell you that I will do my best to fight this case for you and strive for Zhang Yong's acquittal."
"Sorry to trouble you..."
Li Chen nodded: "Go in."
Without saying anything else, he turned around and walked into the security gate of the trial court.
Zhang Yong's parents also followed him into the courtroom.
During this trial, in the Twelfth Trial Court, the trial court did not give a clear answer to Zhang Yong’s parents’ application for trial.
At this time, Li Chen didn't know that they were conducting a closed trial...
Enter the courtroom, take your position, and look down at your statement of defense.
At nine o'clock, after the clerk announced the precautions before the trial, the three collegiate judges entered the courtroom.The presiding judge sat in his seat and glanced at Li Chen at the defendant's defense table.
Li Chen sat at the defense table with his brows furrowed.
right?
As the plaintiff and the only witness, why did the victim who reported Zhang Yong's assault and her mother not come to the trial?
"clang"
The presiding judge banged the gavel: "The Primary Trial Court of D County, Tongda City conducted the first-instance trial of Zhang Yong's rape case. In order to protect the victim's personal privacy, this trial adopted a closed trial procedure and now begins to verify the name of the defendant. "
The presiding judge started asking Zhang Yong for his personal information...
Private trial?
Li Chen heard this and looked at the presiding judge sitting on the trial bench.
Ah…
Just force it?
At this time, he also understood something...
Next is the prosecutor’s indictment...
"The defendant, Zhang Yong..."
"Presiding Judge, I would like to interrupt."
The prosecutor just started to read his indictment, but he was interrupted by Li Chen's words just as he got emotional.
She was a little unhappy...
"What's your reason for interrupting the prosecutor's prosecution?"
"There are three reasons:
First, I already applied during the pre-trial meeting yesterday, asking the presiding judge responsible for hearing this case to recuse myself. The trial court did not give me a clear answer to my request, so I would like to ask again. "
I told you not to come, why are you still sitting here?
The presiding judge's face turned gloomy after hearing this: "The request you made has been rejected."
"Rejected?"
After hearing this, Li Chen was a little confused: "Who rejected it and in what form was it notified? Why don't I know?"
"This is the result of the collegial panel's discussion."
"The collegial panel has no right to reject it, right? According to relevant requirements, the recusal of judges, prosecutors, and investigators should be decided by the president, chief prosecutor, and person in charge of the Wushu Association respectively; the recusal of the president should be decided by the judicial committee of this court; The recusal of the chief prosecutor and the head of the Wushu Association shall be decided by the procuratorial committee of the district prosecutor's office at the same level.
Since my opinion on application for recusal complies with the relevant regulations, the relevant person in charge should respond, right? "
"Do you have any other requests?"
The presiding judge was unwilling to tangle with him on this matter.
"Of course there is."
Li Chen looked serious: "As for the first point, the court did not respond to my request for the presiding judge to recuse himself.
However, it is a procedural violation for the presiding judge to continue to serve as the presiding judge of this case despite my request for recusal.
Second, as the main elements of the case, why did the victim and the main persons not appear at the court hearing?
The trial we are conducting now is a criminal case composed of victims, informants, and defendants.
In the case, it is not yet known whether Zhang Yong is guilty of rape. Why the court did not allow the other two people to participate in the trial and only tried Zhang Yong alone, I cannot understand. "
"Whether the defendant is a defendant or not has not been truly determined. He was only prosecuted because he committed a crime. It is understandable for Li Chen that the victim did not come to participate in the trial.
But as the main witness in the case, why was the victim's mother not present? Wasn't she the main witness in the case, or were the presiding judge and prosecutors determined that Zhang Yong was a rapist with only a recording pen?
The third point is that my client’s parents have already given a clear answer regarding the method of the trial. Why did the trial court force a closed trial without informing them?
These three points are serious procedural violations, and they are also what I am very confused about. I also hope that the presiding judge can give me a clear answer. "
After speaking, Li Chen looked at the presiding judge.
hey~
Boss!
Explain? Explain?
With more than 100 subscriptions, it seems like there’s nothing wrong with posting each chapter...
(End of this chapter)
"The presiding judge is aware of your request."
After listening to Li Chen's application request, the chief judge responsible for hearing the case was not angry because he did not take his opinions seriously at all...
The pretrial meeting lasted for another half hour, and Li Chen and the prosecutors were also dealing with the main evidence recorder.
According to Li Chen, the purpose of the other party's voice recorder was impure from the beginning, and his client's answer was just to deal with his mother-in-law.
His mother-in-law's initial purpose was not to collect the facts of his crime, she just wanted to use it as a bargaining chip to blackmail the other party.
In this case, the two parties had different purposes from the beginning, so the conversation on the recorder naturally lost its authenticity.
However, the prosecutor still insisted on his original opinion:
The content of the recording was described by Zhang Yong voluntarily, and no one forced him to say such things.
If the victim reported it and the defendant admitted the fact of rape during a conversation with his mother-in-law, then he must be punished accordingly.
The pretrial meeting was not the scene of the trial, and Li Chen was too lazy to waste his time with such people.
After leaving the trial court, Li Chen took a taxi to return to his hotel.
Lying on the bed, thinking about everything today, he was also a little annoyed.
Some people are like this, knowing clearly that they have made mistakes but still not correcting them.
As a law enforcement officer, don't you just have to strictly follow the relevant requirements?
They are obviously not guilty, but you don't have enough evidence to prove their guilt, so why do you have to treat them as criminals?
I have to say...
Some law enforcement officers enforce the law too impartially...
The next day.
At 08:30 in the morning, Li Chen got up and packed everything to go to the trial court.
When we arrived at the entrance of the trial court, we also met Zhang Yong's parents.
At this time, Zhang Yong’s parents looked rather haggard...
Also...
It was originally a good thing for my son to get engaged to his girlfriend, but now my son has become a prisoner for no reason, and he has been detained for more than 100 days without being able to see him. If he is in good spirits, he has seen a ghost.
This is also the tragedy of ordinary people.
When faced with a similar situation, you can only act anxiously...
"Lawyer Li."
Zhang Yong's father came up and seemed hesitant to speak.
He wanted to ask the other party about the status of this lawsuit and whether he wanted me to clear his son's name...
"I know what you want to ask me."
If it were anyone else, Li Chen wouldn't bother to pay attention.
Both sides just looked at you, with a trace of longing in their eyes...
Poor parents all over the world...
"I can't guarantee much. I can only tell you that I will do my best to fight this case for you and strive for Zhang Yong's acquittal."
"Sorry to trouble you..."
Li Chen nodded: "Go in."
Without saying anything else, he turned around and walked into the security gate of the trial court.
Zhang Yong's parents also followed him into the courtroom.
During this trial, in the Twelfth Trial Court, the trial court did not give a clear answer to Zhang Yong’s parents’ application for trial.
At this time, Li Chen didn't know that they were conducting a closed trial...
Enter the courtroom, take your position, and look down at your statement of defense.
At nine o'clock, after the clerk announced the precautions before the trial, the three collegiate judges entered the courtroom.The presiding judge sat in his seat and glanced at Li Chen at the defendant's defense table.
Li Chen sat at the defense table with his brows furrowed.
right?
As the plaintiff and the only witness, why did the victim who reported Zhang Yong's assault and her mother not come to the trial?
"clang"
The presiding judge banged the gavel: "The Primary Trial Court of D County, Tongda City conducted the first-instance trial of Zhang Yong's rape case. In order to protect the victim's personal privacy, this trial adopted a closed trial procedure and now begins to verify the name of the defendant. "
The presiding judge started asking Zhang Yong for his personal information...
Private trial?
Li Chen heard this and looked at the presiding judge sitting on the trial bench.
Ah…
Just force it?
At this time, he also understood something...
Next is the prosecutor’s indictment...
"The defendant, Zhang Yong..."
"Presiding Judge, I would like to interrupt."
The prosecutor just started to read his indictment, but he was interrupted by Li Chen's words just as he got emotional.
She was a little unhappy...
"What's your reason for interrupting the prosecutor's prosecution?"
"There are three reasons:
First, I already applied during the pre-trial meeting yesterday, asking the presiding judge responsible for hearing this case to recuse myself. The trial court did not give me a clear answer to my request, so I would like to ask again. "
I told you not to come, why are you still sitting here?
The presiding judge's face turned gloomy after hearing this: "The request you made has been rejected."
"Rejected?"
After hearing this, Li Chen was a little confused: "Who rejected it and in what form was it notified? Why don't I know?"
"This is the result of the collegial panel's discussion."
"The collegial panel has no right to reject it, right? According to relevant requirements, the recusal of judges, prosecutors, and investigators should be decided by the president, chief prosecutor, and person in charge of the Wushu Association respectively; the recusal of the president should be decided by the judicial committee of this court; The recusal of the chief prosecutor and the head of the Wushu Association shall be decided by the procuratorial committee of the district prosecutor's office at the same level.
Since my opinion on application for recusal complies with the relevant regulations, the relevant person in charge should respond, right? "
"Do you have any other requests?"
The presiding judge was unwilling to tangle with him on this matter.
"Of course there is."
Li Chen looked serious: "As for the first point, the court did not respond to my request for the presiding judge to recuse himself.
However, it is a procedural violation for the presiding judge to continue to serve as the presiding judge of this case despite my request for recusal.
Second, as the main elements of the case, why did the victim and the main persons not appear at the court hearing?
The trial we are conducting now is a criminal case composed of victims, informants, and defendants.
In the case, it is not yet known whether Zhang Yong is guilty of rape. Why the court did not allow the other two people to participate in the trial and only tried Zhang Yong alone, I cannot understand. "
"Whether the defendant is a defendant or not has not been truly determined. He was only prosecuted because he committed a crime. It is understandable for Li Chen that the victim did not come to participate in the trial.
But as the main witness in the case, why was the victim's mother not present? Wasn't she the main witness in the case, or were the presiding judge and prosecutors determined that Zhang Yong was a rapist with only a recording pen?
The third point is that my client’s parents have already given a clear answer regarding the method of the trial. Why did the trial court force a closed trial without informing them?
These three points are serious procedural violations, and they are also what I am very confused about. I also hope that the presiding judge can give me a clear answer. "
After speaking, Li Chen looked at the presiding judge.
hey~
Boss!
Explain? Explain?
With more than 100 subscriptions, it seems like there’s nothing wrong with posting each chapter...
(End of this chapter)
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