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

Chapter 126 Is ineffective evidence also called evidence?
"The prosecutor can start interrogating the defendant Song Jiale."

After the defendant made his statement, it was the prosecutor's turn to ask questions.

Ren Zhen was also curious whether Gao Qilin would put forward any different views after the pre-trial conference.

"Defendant Song Jiale, did you have a conflict with Zhao Tianshi at XX Farmhouse on the day of the incident on X month X, 20XX?"

Song Jiale nodded: "The farmhouse was very big, and many people were having barbecues there. The people in our company were relatively close to Zhao Tianle and the others at that time. After drinking, they talked as if they were quarreling. It was really too noisy.

I went over to ask them to keep their voices down, and Zhao Tianle punched me in the face. Then several people from the table came over, pushed me down on the table, and beat me. They didn't pull away until someone from my company came over. "

"During this conflict, did you fight back?"

Song Jiale shook his head.

"Then after your colleague pulled him away, did you say to him, 'Just call him, I'll be here waiting for you'?"

Gao Qilin narrowed his eyes, the important point came.

"I did say it, but it was them first."

"You just have to answer."

Gao Qilin interrupted him.

Ren Zhen held his chin in his hands and shook his head helplessly.

"Why didn't you leave the scene immediately after the first conflict with the other party?"

"I spent money, why should I leave?"

After a few questions and answers, Song Jiale's mentality exploded.

Are the prosecutor’s questions all nonsense?
"The defense will ask questions next."

After Gao Qilin asked, Ning Qufei signaled that Ren Zhen could start.

"Following the prosecutor's question just now, do you remember what Zhao Tianshi and others said before you said, 'Call someone, I'll be waiting for you'?"

Ren Zhen's first question shocked Gao Qilin, who had just sat down, while the judge on the bench straightened his back.

Everyone could tell that Ren Zhen was quarreling with the prosecutor over this issue.

"After the people from my company came and pulled away, Zhao Tianshi said that you guys are so impressive, right? If you have the skills, just wait for me, and I'll swoop people over to make you look good."

Song Jiale answered honestly and was speechless at the same time.

Then the youngest member of Zhao Tianshi's group is already an adult. How come he behaves like a middle school student, always trying to influence others?

"Then you sat back in your seat. Why didn't you think of calling the police?"

Ning Qufei looked at each other and the two judges next to him and nodded secretly.

Compared to Gao Qilin's question of why he didn't leave immediately, this question is obviously more in line with ordinary people's thinking.

If you hit me, I won’t necessarily leave, but I will probably call the police.

"Actually, one of my colleagues suggested calling the police at the time, and I also considered the issue, but at that time I was just looking for ice cubes and hadn't figured out how to deal with the matter.

After all, it’s not a serious matter involving human life. Who has the luxury of looking for the police all day long?

Who would have known that before I even started pursuing the matter, a group of them gathered around me. "

Song Jiale recalled his mood at that time, there was nothing else but ten thousand Cao Ni horses galloping past.

I thought you were just talking, but I didn't expect you to be serious?
Ning Qufei nodded. According to the on-site surveillance video, it only took 10 to [-] minutes from the first conflict until Zhao Tianshi and others dragged Song Jiale away again.

Moreover, Song Jiale did apply ice cubes to his face, which is completely explainable.

"Did you fight back in this conflict?"

Ren Zhen asked another question that everyone knew the answer to.

Song Jiale shook his head like a rattle.

Thirty dozen people hit one person. If it were you, would you fight back?Do you dare to fight back?

"Then why didn't your colleague help this time?"

"A group of people over there are all idiots in their 20s and 30s. The youngest here is over [-] years old. How can we possibly fight against them?"

Song Jiale repeated the answer he gave during the meeting: "They tried to pull me away several times and almost got beaten, so they quickly called the police."

"Presiding Judge, I have finished asking my questions."

Ren Zhen sat down.

It's not that he asked simply. In fact, this matter is that simple.

However, the prosecutor grasped the point of gathering a crowd, and the sentence of biting Song Jiale to death was an invitation to Zhao Tianshi and his group to fight, and thus inferred that Song Jiale had the intention to gather a crowd to fight.

Ren Zhen was speechless after hearing this.

You want to say that he is unreasonable, but Gao Qilin has already sued.

If you want to say that he is right, then maybe Song Jiale should really change his mouth.

It's just a beating, but just because he said one more word, he was sent to the dock by the prosecutor. If he had known that he would end up like this, Song Jiale might have given him a slap in the face.

Soon, the court debate entered. Gao Qilin provided several pieces of evidence, and Ren Zhen rarely raised any objections during the cross-examination session.

Until the last piece of evidence.

"Evidence [-], this is the confession of guilt and punishment signed by the defendant Song Jiale before the prosecution was launched by the Public Prosecution Court. However, under the guidance of the defender, the defendant later withdrew his confession and punishment.

But this does not affect it. This recognizance letter can be used to prove that Song Jiale had no objection to his previous behavior of gathering people to fight, and he also admitted his subjective criminal intention. "

Even Ren Zhen didn't expect that Gao Qilin would bring the confession and punishment agreement to the court.

In fact, the purpose of this recognizance letter is very simple. It is used to prove that Song Jiale admitted the crime of gathering a crowd to fight.

The logic is also very simple, you have committed a crime first, and then you will plead guilty.

This is somewhat similar to the previous case between Zhao Hongbo and Song Yuanqing. Zhao Hongbo was willing to write a letter of repentance to seek forgiveness because he committed a crime against Song Yuanqing.

Theoretically, this recognizance letter is of great help in determining the defendant's subjective criminal intent.

"Now the defendant has withdrawn his guilty plea and accepted punishment. We believe that he does not show remorse, so we also apply to change the previously submitted sentencing recommendation from the original two and a half years in prison to three and a half years in prison."

Gao Qilin's tone became more and more severe, expressing his dissatisfaction with Song Jiale's behavior of not pleading guilty and accepting punishment.

Song Jiale trembled slightly in his heart and quickly calmed down.

Anyway, what I am advocating now is innocence, and your sentencing suggestions are not important at all!
The concept of excessive sentencing has long been popularized by Ren Zhen. Song Jiale is now as stable as an old dog. He was so panicked when he entered the detention center at the beginning, but now he has basically returned to the image of a CEO who is strategizing in the company. "As for the issue of changing the sentencing recommendation, you can just submit another application after the court. We will not discuss it in court."

After Ning Qufei made his decision, he watched Ren Zhen stand up until the defense lawyer was about to raise objections to the evidence.

"Defender, do you have any objection to the evidence submitted by the prosecutor?"

Although I have already expected it, I still have to ask what I need to ask.

"There are objections."

This recognizance letter can also be used as evidence. Ren Zhen was sometimes a little surprised, but it didn't make him unresponsive:
“During the pre-trial conference, we have already pointed out that when the defendant Song Jiale signed the confession and punishment agreement, there was no defender present. Therefore, the signing of this agreement was procedurally flawed and should be invalid from the beginning!

Isn't it a little ridiculous for the prosecutor to use a piece of ineffective evidence to infer the defendant's criminal facts and criminal intent? "

absurd?

These two words hit the hearts of everyone present like a heavy hammer.

Everyone saw that Gao Qilin's face turned ugly to the naked eye.

Ning Qufei also had a headache.

This lawyer is also true. It doesn't matter if he talks a little too much during the pre-trial conference. After all, he talks behind closed doors, so it doesn't matter if he talks too much.

But now it’s a formal trial. Can you save some face for the prosecutor?
"Although there are procedural flaws in the signing of the confession of guilt and punishment, it does not automatically render the confession invalid."

Gao Qilin said solemnly: "Now that the defendant has withdrawn his guilty plea and accepted punishment, it doesn't matter whether this confession is valid or not. I just use it to prove that Song Jiale has previously admitted to his criminal behavior.

Even if he does not plead guilty and accept punishment now, it cannot change the fact that Song Jiale's subjective intention did exist. "

"Presiding judge, the defender believes that the prosecutor's evidence came from a wrong source and should be invalid from the beginning. It cannot be concluded that the defendant has admitted the so-called criminal facts."

Ren Zhen did not answer him directly, but turned to Ning Qufei and the other three judges.

Now one says it's invalid, and the other says it doesn't matter whether it's valid or not. It's obviously a deadlock.

Ren Zhen decisively refused to argue with Gao Qilin and threw the question to the judge.

It doesn’t matter what you say, nor does it matter what I say. Whether this evidence can be used depends on what the judge thinks.

"This recognizance letter"

Ning Qufei was a little embarrassed.

If there are no procedural flaws in this confession of guilt and punishment, Gao Qilin's logic will still make sense even if the defendant withdraws his plea and punishment.

But now there are procedural problems with it. If it is used directly as the basis for judgment, it will definitely be inappropriate.

If there are problems with the foundation, will the quality of the built house be up to standard?

"As for the probative value of this evidence, the collegial panel will discuss it later. Does the defender have any other objections to the evidence?"

After a brief hesitation, Ning Qufei decided to discuss this issue again before making a decision.

"Nothing."

"Prosecutor, please give a final summary of your accusations."

In fact, this link does not happen every time, but this case is quite special. The indictment is somewhat unclear about the objective and subjective aspects of the defendant's crime, so to be on the safe side, Ning Qufei decided to let Gao Qilin summarize it again.

"Based on the evidence in the case, on the day of the incident, after the first conflict with Zhao Tianshi, the defendant Song Jiale made it clear that he told the other party to call someone while he waited there, which was an act of gathering people to fight out of personal vendetta. .

After the first conflict, Song Jiale did not leave the scene in time, nor did he call the police to seek legal means to deal with it. He obviously did not view the conflict with a normal person's way of solving problems. It can be inferred that he subjectively had the criminal intention of gathering a crowd to fight. .

Although Song Jiale's colleagues did not participate in the fight, and Song Jiale was the only one facing Zhao Tianshi and others, according to my country's relevant judicial interpretations on mass affrays, even if the number of people involved in a mass brawl is less than three, it can still be classified as a mass brawl. Guilty determination.

Therefore, Song Jiale objectively committed the act of gathering a crowd to fight, and subjectively had corresponding criminal intent. He was even the active inviter of the incident. Song Jiale's behavior was completely in compliance with the relevant provisions of our country's laws on gathering to fight. According to the law, Song Jiale should be charged with the crime of gathering to fight. Discuss! "

Nice, simple and clear.

Ning Qufei was very satisfied.

So does Ren Zhen.

"The defense can begin to present its defense."

Ning Qufei had already started discussing something with his two colleagues.

The case is not actually complicated. What is complicated is the identification of Song Jiale’s behavior.

Using one sentence as a starting point, combined with other relevant evidence, and finally concluding that Song Jiale is guilty sounds a bit ridiculous.

But that's from an ordinary person's perspective.

As judges, they can fully understand Gao Qilin's charging ideas.

The same behavior, interpreted in law, may have completely different meanings in life.

To give a simple example, I punctured your tire last night, and you punched me in the face today.

In life, I deserve the punch I received. Who told you to stab someone in the fetus?
But legally, I can definitely go to law enforcement agencies and elevate what seems to be a trivial matter to a criminal level.

If you're lucky and mediate, you might be able to lose some money.

If you are unlucky and give me a perforated eardrum or something, then I want to spare you, and the law will not let you go.

Therefore, after the incident of dozens of people fighting in public, it is not too unusual to associate Song Jiale's words with "gathering a crowd".

"First of all, what I want to say is that the four words "gathering a crowd to fight" can be divided into two parts, one is gathering a crowd, and the other is fighting.

Regarding fighting, according to the provisions of our country's laws and judicial interpretations, it refers to behaviors in which two parties attack and fight each other for illegal motives and harm each other's body.

However, in this case, whether it was the first or second conflict, the defendant Song Jiale was obviously in a state of being beaten and did not fight back.

Regardless of whether he did not want to fight back or did not dare to fight back, he did not fight back. His only action was to hold his head and cover his vital parts. I think the prosecutor also admitted this. "

When Ren Zhen said this, Song Jiale nodded wildly.

If I hadn't covered myself so tightly, I might have had a court hearing in the hospital today.

"Therefore, the defendant's behavior cannot constitute a fight at all. I think it is more appropriate to describe it as Zhao Tianshi and others gathering a crowd to beat the defendant."

After hearing Ren Zhen say this, Ning Qufei suddenly woke up.

Zhao Tianshi's thirty or so people were all prosecuted in the name of gathering a crowd to fight. They all pleaded guilty and accepted punishment. The case was tried intensively yesterday and the verdict was handed down on the same day.

If Song Jiale didn't gather people to fight, wouldn't it be
Ning Qufei looked at the two pairs of hesitant eyes next to him and knew that they had the same idea as him.

(End of this chapter)