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

Chapter 128 Beyond the case
It's wrong to move your hands, wrong to open your mouth?
Facing Song Jiale's question, all the judges were silent.

Yes, what did Song Jiale do wrong?

I went to the next table to ask them to keep their voices down, and I was beaten.

After being beaten, he said something and was beaten by more people.

After the second beating, he was sent to the detention center again because of those words, and for no apparent reason he ended up in court.

It seems that he only said that one sentence from beginning to end, right?
Would anyone else say that sentence?It seems so.

So why was he in the dock?

Was it the law that made him sit here?
Shouldn't we think about which link caused the problem?
Thinking of this, the three judges looked at the public prosecution box in unison.

Sensing a few eyes on him, Gao Qilin felt a little uncomfortable. He lowered his head slightly and rubbed his uniform, feeling on pins and needles.

"The court will now be adjourned for three and 10 minutes, and a decision will be made after deliberations by the collegial panel."

Ning Qufei left with the two judges.

"How to say?"

Although it was a question, Ning Qufei's tone was not too uncertain.

"I think there are problems with this case and it shouldn't be brought to court."

The judge named Li Chengjie said angrily.

"What Chengjie actually means is that the defendant is not guilty, right?"

The last judge spoke with a smile.

"Lao Gao, you think you're not guilty, right?"

Seeing Gao Zhao's expression, Ning Qufei knew that the three of them basically had the same opinion.

"really."

Gao Zhao nodded: "First of all, there is the issue of gathering a crowd. The most controversial point is that because of my behavior, the other party called a group of people over. Can this be me gathering a crowd?

According to judicial interpretations and legal provisions, it only states that three or more people must be gathered to carry out a fight, but there is no clear stipulation as to which party called these three or more people. "

Gao Zhao's words were a bit convoluted, but the other two people understood what he meant.

"Although the law is not clear, but if you think about it, you will know that if I gathered the crowd, they must be helping me, right? Even if they don't start fighting directly, at least they will stand beside me to support me, right? "

Li Chengjie's words were very down-to-earth, which made the two colleagues laugh.

"Chengjie has a lot of experience, right? He did a lot of supporting people when he was in school, right?
You should have said this in front of the prosecutor just now to see how wonderful the prosecutor's face would be. "

Gao Zhao joked a few words and returned to the discussion of the case: "Although what you said is right, it cannot be so absolute. After all, in previous cases, there was also a situation where the other party called someone, and it was finally determined that this was a gathering of people. .”

"Then what Lao Gaoqian means is that Song Jiale's situation is still not clear enough?"

Ning Qufei leaned against the wall, stretched his shoulders back, and relaxed.

In addition to being mentally stressful, this trial work is also a great test for physical strength.

"That's not the case. What I mean by this is that we should be more cautious."

Gao Zhao shook his head. In fact, they all preferred Song Jiale to be innocent, but the specific verdict was not something that could be explained in one sentence.

"Well, it makes sense, but my personal point of view is that in this case, Song Jiale cannot be classified as a gathering of people.

Although there have been similar cases in the past that were deemed to be mass gatherings, the circumstances of each case are different, and we are not a case law system. Other cases can only be used as a reference. "

Li Chengjie made it very clear: "It's not that we have to follow their judgment. What if they make a mistake? Then we have to make a mistake too."

"Can you please be careful with your mouth?"

Gao Zhao was speechless, this guy really dared to say anything.

Ning Qufei also smiled and shook his head helplessly.

If you put it outside, as a judge, such words would definitely have a bad impact, but the people present were all his own people, and Li Chengjie was somewhat unscrupulous in what he said, and it was not very important.

"And what the defense lawyer said makes sense. If you just listen to this sentence, you can understand that Song Jiale is provoking and inviting Zhao Tianshi and his group to fight.

But combined with what happened before, this sentence was just a cruel word said casually in anger, and it was actually perfectly normal.

We cannot judge based on this sentence that Song Jiale really wanted the other party to gather a group of people to fight, let alone judge Song Jiale's subjective intention based on this sentence. "

Among the three people, Li Chengjie is the youngest. He has never been shy about expressing his views during the trial:
"To put it bluntly, Song Jiale's incident was an unreasonable disaster. If it weren't for Zhao Tianshi's group of young men who didn't know the seriousness and made the matter so big, the law enforcement agencies wouldn't have been able to control the scene at the first time.

And this Gao Qilin, I've wanted to say it for a long time, even if the impact of this matter is relatively large, it can't be messed up, right?If the influence is large, then each of them will hit fifty boards?
If he hadn't done so many chores before, Song Jiale wouldn't have been able to go through this whole thing. "

Ning Qufei and Gao Zhao were both silent.

From beginning to end of this trial, there was actually one point that no one raised, including the defense lawyer.

That is, Song Jiale's behavior actually didn't look like he was suspected of getting into a fight from the beginning. It's just that the law enforcement agencies didn't care about it when they arrived at the scene, and all the participants were taken back first.

This is understandable. After all, when they arrived at the scene, it was difficult to tell what was going on.

But the case will be different when it comes to Gao Qilin. If the procedures are strictly followed and analyzed according to the law, Song Jiale will most likely not be transferred for prosecution.

But the case has come to the court. If you say that you did not consider the social impact of this matter and want to use the judgment to cover up some bad remarks, then the judges will never believe it.

The judge knows it, the prosecutor knows it, they know it and even the defense attorney probably knows it too.

Why didn't the lawyer mention it?

Because he knew that if this matter was brought out openly, it would not end well.

"Then let's talk about this fight. Song Jiale didn't fight back from the beginning to the end. It was just a one-sided beating. In fact, there is nothing to say?"

In the end, Ning Qufei broke the silence. Time was running out and they still had to hurry up and discuss.

"Well, from Song Jiale's point of view, there is no fight, only a fight. It is definitely inappropriate to consider it a fight."

Li Chengjie nodded.

"How can you explain it by breaking down the words like this?"

Gao Zhao rolled his eyes at him: "But there is really no need to discuss this point. If Song Jiale's gathering of people is not included, there is no need to worry about the fight."

"This Gao Qilin, this case can be approved. I really don't know what to say about him."

Ning Qufei sighed: "Yesterday, those cases were all decided, and some of them happily said that it was really fun to judge such group cases. At that time, I didn't think there was any problem.

But judging from the current situation, if Song Jiale is not guilty, those cases will be solved."

Gao Zhao and Li Chengjie looked at each other and realized what Ning Qufei was talking about.

If Song Jiale's case does not constitute a mass brawl, then Zhao Tianshi and others, who are the other parties to the incident, are likely to object to their charges.After all, in current judicial practice, whether unilaterally gathering a crowd to beat others should be judged as a mob fight or other crimes is controversial in various regions.

At that time, as long as one person raises objections, the thirty or so people may form a chain reaction.

With such a comparison, it seems that the problem here is not that big?

They were suddenly a little lucky that they were assigned Song Jiale's case.

"Let's not talk about anything else. Last but not least, this confession of guilt and punishment is obviously procedurally flawed. It can even be said to be very problematic. It is definitely inappropriate as evidence."

Ning Qufei thought more and more, but Gao Zhao pulled him back: "Although the prosecutor said that the validity of this recognizance letter is not important, it does not affect the determination of Song Jiale's subjective recognition of the crime.

However, judging from the pre-trial conference, there were so many procedural problems in this case, especially since the signing lawyer was not present. It is very likely that the defendant really did not know what was going on when he signed the confession of guilt and punishment. "

"Yes, yes, from the investigation stage by law enforcement agencies until it is sent to us, the procedural issues go beyond just admitting guilt and accepting punishment."

Li Chengjie and Gao Zhao did not attend the pre-trial meeting, but only read the minutes of the meeting. Only then did they remember that procedural issues were only raised infrequently during the trial, but that did not mean that they were really few in number.

"Even if this case is decided, the verdict is not solid. When the time comes, Song Jiale will definitely appeal."

"We will not consider whether he appeals or not. If there is a problem, we must solve it. There can be no ambiguity for any reason."

Ning Qufei knew that Li Chengjie was just saying it casually, so he didn't care: "But looking at it all, Song Jiale's fight in a crowd can't even be regarded as barely, and I don't think it can be judged."

"It makes sense!"

Gao Zhao agreed: "The core of the prosecutor's accusation lies in Song Jiale's words that made the other party shake people up. But that was based on the first finding that he was guilty. After a step backwards, it was determined that this sentence was an objective manifestation of a mass fight. .

This logic is reversed. Normally, this sentence cannot be used to deduce a mass fight. "

"Then this is the sentence?"

Li Chengjie felt that there was no doubt.

"But now there is still a question. The thirty or so little bastards yesterday have been sentenced for affray. Combined with what their defense lawyer just said, they gathered a crowd to beat unilaterally. Is that group of people considered a riot or intentional injury? ?”

Ning Qufei signaled not to worry, but to think about it for other colleagues.

They were not the ones who decided the case, so I don’t know the specific details. But it is conceivable that once the verdict is not guilty here, some of the thirty or so defendants there will definitely be dissatisfied.

Then other judges will be in big trouble.

"I think we should not rush to the judgment first?"

Gao Zhao gave a suggestion: "Although mistakes must be corrected, now it is not just the case of the three of us, but also involves other cases. I think it is best to tell other colleagues and inform the hospital. Let’s see what is the most appropriate solution.”

"There is also the Public Prosecution Court. If they don't make a judgment for the time being, it can be considered as giving them a chance to correct their mistakes."

Although Li Chengjie expresses his views very directly, it does not mean that he is a reckless man. He also knows that this case is not a problem now, and the problems lie outside the case.

"Then let's do it. We won't make a verdict today."

It was finally finalized, and Ning Qufei breathed a sigh of relief.

It’s not easy to be a judge, there are too many things to worry about!
"Regarding this case, the collegial panel believes that there are still some facts and evidence that need to be further clarified, and will not pronounce a verdict today."

Returning to the collegial court, the decision was announced, which was somewhat surprising. On the contrary, Gao Qilin, who was in the prosecutor's seat, let out a sigh of relief.

Looking at the court trial, he thought he might be acquitted in this case, but he didn't expect such a result.

"Then our court hearing today will be here first. If there is another hearing, we will notify you and adjourn the court!"

The gavel fell gently, and Ning Qufei walked down the court.

"As well as the parts that existed before the case was transferred for prosecution, the prosecutor should reconsider it next time after he returns."

Gao Qilin and Ren Zhen both came over to the clerk and were about to sign the trial transcript. Ren Zhen heard Ning Qufei say something to Gao Qilin.

After coming back after signing, Chang Jiahang was a little confused: "Why do I feel that everything has been found out? Why is there no judgment today?"

"Why are you in a hurry? The court cannot always pronounce a verdict in court."

Ren Zhen smiled, thinking of what the judge just said to the prosecutor, which was very meaningful.

Is there really any factual evidence that needs to be clarified?

The court was over and the prosecutor was asked to go back and think about it.

What are you thinking about?

Go back and think about it!

"Didn't you notice that no one was listening today, and the live broadcast of the trial was not turned on?"

After hearing Ren Zhen's question, Chang Jiahang subconsciously looked up at the cameras around him.

It seems so?

This is indeed rare for a case to be heard in public.

"And we were not asked about our opinion on the open trial before the trial. Did you forget?"

I usually don't pay much attention to the procedural stuff, but now that I think about it, there is really something missing.

“It’s definitely not that I forgot about it, but there has been a pre-trial conference, and the judge knows that there are many problems with the early stage procedures of this case.

If these issues cannot be resolved today, the impact will definitely be there. To be on the safe side, the judge selectively ignored some things. "

Ren Zhen said earnestly, "In the future, when you practice independently, you will not only work hard on your profession. The case itself is important, but there are things outside the case that will often affect the direction of the result."

Chang Jiahang seemed to understand.

He probably heard what Ren Zhen meant. There were flaws in the procedures at the Public Prosecution Court. If it couldn't be resolved, it would definitely cause some criticism if too many people knew about it.

After all, they both exercise public power. Although they do not belong to the same agency, the judge will definitely consider the Public Prosecution Court.

Is this something beyond the case?
Thinking of this, Chang Jiahang suddenly realized that Ren Zhen issued a statement of guilty plea and punishment today and pointed out procedural flaws. He did not discuss other procedural issues in the pre-trial meeting.

Did you forget?

Absolutely not!

I have ignored the procedural flaws and only discussed the substance with you, and I am also reasonable in substance.

If you still find Song Jiale guilty, then I will have to argue with the procedure.

This is the message Ren Zhen sent to the judge. I sympathize with your work and hope you will consider it carefully.

Is this also part of Ren Lu's plan?

Chang Jiahang was a little confused, wondering if he was overthinking?

If that's the case, it's really hard for this lawyer to be a lawyer.
(End of this chapter)