If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 124 The procedure is illegal!

"Every time? How many times have the investigative agency interrogated you in total?"

Ning Qufei read the interrogation transcript and found that no relevant information was found.

"About four or five times?"

Song Jiale was not sure.

During the days in the detention center, he was asked to do whatever he wanted. He was already numb, so how could he still have the mood to count the number of times?
"Regarding this issue, we will contact the investigative agencies for verification. If necessary, we will ask them to appear in court to testify and explain the situation."

The clerk's keyboard on the side flew up, and Ning Qufei signaled that Ren Zhen could continue.

"Second point, within three days from the date of receipt of the case materials transferred for review and prosecution, the Public Prosecution Court should also inform the defendant of the right to entrust a defender."

When Ren Zhen made the first point just now, Gao Qilin actually felt something bad in his heart, and sure enough, he was called out next.

"But based on the existing evidence, it seems that the Public Prosecution Court has not informed you of this right?"

Ren Zhen looked at Gao Qilin. Although the wording was inquiring, his tone was already determined that they just didn't have it.

Even so, you didn’t even tell me!

Song Jiale's back stiffened at this moment, and the look in his eyes when he looked at the other side was different.

"And according to Article 1 of my country's Criminal Procedure Law, when a public prosecutor interrogates a criminal suspect, he should first interrogate the criminal suspect whether he has committed a crime, ask him to state the circumstances of his guilt or excuse his innocence, and then ask him questions."

Before Gao Qilin could respond, Ren Zhen simply said it all: "But according to the transcript and Song Jiale's statement, when the prosecutor interrogated him, the first question he asked was, do you want to plead guilty and accept punishment?
Such a question obviously places the defendant on the premise of guilt without a trial in court and does not give the defendant a chance to explain or defend.

If the prosecutor believed that Song Jiale was guilty from the beginning, what was the significance of this trial? "

What's the point? !
Song Jiale and Chang Jiahang cheered in their hearts at the same time, staring directly at the prosecutor and his assistant opposite, waiting for their answer.

"Or is it that the prosecutor went here just to get the defendant to sign a confession of guilt and punishment?"

Gao Qilin was still organizing his words when he heard Ren Zhen ask lightly again.

"Defender, watch your words."

Ning Qufei interrupted Ren Zhen in time, saving some face for Gao Qilin.

Ren Zhen nodded and stopped talking.

His last question was somewhat speculative and offensive, and indeed a bit inappropriate.

But it doesn’t matter, it was meant to be said to the judge. If you asked me to pay attention to my wording, I will pay attention. Anyway, you have already heard it.

"Prosecutor, how do you explain the objection raised by the defender?"

Even if he didn't ask, looking at Gao Qilin's performance just now, Ning Qufei probably guessed that the situation Ren Zhen mentioned was very likely.

They often deal with the Public Prosecution Court, and naturally know that if they can plead guilty and accept punishment, the prosecutor will do the work in advance, so that the future will be much smoother.

Although sometimes the interrogation is actually for the purpose of issuing a recognizance document to plead guilty and accept punishment, the interrogation is indeed not intended for you to do this.

It's fine that there are no problems, but if a lawyer raises objections, are you being blinded?

"We were indeed negligent in not informing the defendant in time that he could entrust a defender." Gao Qilin hesitated for a moment, then admitted: "As for the questioning method during the interrogation."

This is a bit difficult to explain. If we strictly follow the regulations, there is indeed something wrong with his questioning method.

But after so many years of handling cases, there are not a few people who have done this, and few people say there is a problem?

If every step is carried out in accordance with the law, will our work be done?

“There may indeed be some problems, but the way of questioning will not have a substantial impact on the defendant’s matters related to the case and his plea and punishment.

The defendant has clearly confessed his guilt and accepted punishment, and now he is repenting. This is a subjective act of unrepentance."

As he talked, Gao Qilin showed a tendency to go to trial, but Ning Qufei immediately interrupted him: "Stop, stop, today's pre-trial meeting will not discuss substantive issues.

Now that the prosecutor has answered your question, shall the defender continue? "

Ning Qufei looked at Ren Zhen, what he meant was that I already knew the questions just now, so let's move on to the next one.

"Thank you Judge."

Ren Zhen nodded and continued: "According to Article 173 of our country's Criminal Procedure Law, the public prosecutor should listen to the opinions of the defender when reviewing a case.

But as far as I know, during the prosecutor's review of Song Jiale's case, until the prosecution was filed, Song Jiale did not retain a lawyer. I would like to ask the prosecutor, whose opinion did you listen to when you reviewed the case? "

Gao Qilin was completely dumbfounded.

How can there be a lawyer who clings to the process?

But he also knew that the issues Ren Zhen mentioned existed objectively, and once they were raised, the judge would definitely not turn a blind eye.

Seeing Gao Qilin not speaking, Ning Qufei frowned, not knowing what he was thinking.

"If it is true as the prosecutor just said, there may be something wrong with the way he asked the question, but it does not affect the defendant's admission of guilt and punishment, nor does it affect the defendant's understanding of the relevant circumstances of the case. Will the defendant not find a lawyer at the stage of review and prosecution?
Obviously not!Therefore, the prosecutor's questioning method, combined with his various behaviors that ignored the defendant's legal litigation rights, directly caused the defendant's misjudgment of the case situation, which is why he signed a confession of guilty plea and punishment. Now that he has entrusted a defense lawyer, naturally Correct these mistakes! "

Ning Qufei wiped away the cold sweat for Gao Qilin. This lawyer was really disrespectful.

However, there is indeed something wrong with this case handled by Gao Qilin. Although I know you want to plead guilty and accept punishment to close the case, you can't omit the most basic procedures, right?

Lawyer Ren has asked so many questions, there can't be any more, right?

Just as he was thinking this, he saw Ren Zhen flipping through the materials again and taking out a copy of the confession and punishment agreement:

“The same law stipulates that if a criminal suspect pleads guilty and accepts punishment, the prosecutor must listen to the defender’s opinions on the application of the law, case trial procedures and many other matters.

Since Song Jiale did not retain a lawyer before, I don’t know whose opinions the prosecutor listened to. "

These words were already somewhat sarcastic, but Gao Qilin didn't feel any anger at this time. After all, he was in the wrong. Now he was already thinking about whether there was anything else he could do to remedy the matter. If he did it all over again according to the lawyer's words, then The preliminary work was basically in vain.

“Finally, and most importantly, a defense lawyer must be present when signing a plea agreement.

But obviously, Song Jiale did not have a defense lawyer present when he signed the contract. Is this a procedural violation?
The prosecutor said we regretted pleading guilty and accepting punishment?In the face of such a major procedural flaw, even if this recognizance document is signed, its effectiveness must be questioned! "

(End of this chapter)