If you were asked to file a lawsuit, how come you were not found guilty?
Chapter 161 Is the witness a fool?
Chapter 161 Is the witness a fool?
"There are witnesses, but I don't know why. After the seizure was completed, as soon as I called him to come over and sign, he suddenly ran away."
Tan Junchang recalled it and didn't pay too much attention: "But this recorder also captured it. When the time comes, we can watch the video. There must be this witness."
"Then prosecutor, you can start."
Luo Xinyan nodded and was ready to let the prosecutor continue to present evidence.
"presiding judge!"
Ren Zhen suddenly spoke up.
"what happened?"
Luo Xinyan realized that Ren Zhen's cross-examination seemed not to be over yet?
"I still have questions about the prosecutor, the two law enforcement officers, and the witnesses' explanations."
Ren Zhen smiled half-heartedly: "Although theoretically, the video of the law enforcement camera can correct the lack of witness signatures, but if the witness does not have the ability to witness, even if he testifies, it will be ineffective!"
Ineffective?
Don’t have the ability to witness?
Tan Junchang and Peng Junyang looked confused. The witness we found is not a child. What nonsense is this lawyer talking about?
"The defender will explain in detail."
Luo Xinyan just thought for a moment and realized something.
"Among the evidence we submitted before the trial, there is a psychiatric evaluation report. Please take a look at it in detail, judges."
As soon as he heard Luo Xinyan's words, Ren Zhen knew that the judge did not take a good look at the evidence they submitted.
Of course, it's possible that you didn't understand.
The three judges hurriedly dug through it and found out the report that Ren Zhen had mentioned.
This appraisal report
The judges looked at each other and saw the realization in each other's eyes.
I was wondering before, why did Guo Tiansong submit this evidence? Doesn't this person named Xue Wenxin have anything to do with this case?
At that time, they thought that the evidence submitted here was wrong, so they didn't think about it carefully.
Looking at it now, it doesn’t seem like this is the case?
“This appraisal report was issued by a medical institution with judicial appraisal qualifications in this city, which is sufficient to prove that Xue Wenxin’s intellectual development is abnormal and he is a person with limited civil capacity.
How can such a person who doesn't even know what he is doing become a witness to the evidence seizure process in a criminal case? "
Ren Zhen's voice was not loud, but it was like thunder in the ears of Tan Junchang and Peng Junyang.
This Xue Wenxin was indeed the witness that day. They asked for his name.
But why is this guy such a fool? !
Lu Yunwen was also dumbfounded.
"Is the witness named Xue Wenxin?"
Lu Yunwen didn't even pay attention to the judge and shouted at them.
"Yes."
Tan Junchang wanted to cry but had no tears.
When they went to Cao Kunshan's house to detain him that day, they knocked on the neighbor's door opposite, looking for someone to be a witness. Xue Wenxin was the only one at home, so of course they had to let him be the witness.
They didn't care that he ran away without signing. Now think about it, could this guy not know how to write his own name?
No wonder that the words were so little that day, it would only be um, I thought it was nervous when I saw the enforcement.
Thinking of the scene on the TV at Xue Wenxin's house when they opened the door that day, everything made sense.
No wonder he was the only one watching TV at home that day. It turned out that he was unable to work and could only stay at home. Who is a serious person who doesn't go to work during the working day and stays home to watch SpongeBob SquarePants?
Hearing Tan Junchang's personal admission, Lu Yunwen was completely speechless.
Originally, I asked you to explain it, and then take a look at the video of the law enforcement recorder. This problem is over, and the small flaws are not a big problem.But now that you are here, why are the flaws magnified?
It's better not to come!
"We'll talk about it later after the video is sent over."
Luo Xinyan couldn't help but smile, and asked them to sit aside first.
It was obvious that they really didn't know anything about this witness.
However, this kind of situation can be found, and this lawyer has really put in a lot of effort.
Luo Xinyan glanced at Ren Zhen and asked Lu Yunwen to continue giving evidence.
Ren Zhen, the old god on the side, sipped his saliva beautifully.
Checking every detail of the case has been a habit he has formed since he started practicing law.
He didn't expect that he just went to Cao Kunshan's house as a routine and wanted to understand the situation with the witnesses that day, but he found such a big surprise.
With Guo Tiansong's strong financial support, the family was naturally willing to let Xue Wenxin undergo a mental evaluation.
Anyway, it’s not a secret that a child’s brain is not working well. If you get a free appraisal and get some benefits, only a fool would not do it.
"Second set of evidence"
Shocked by this unexpected situation, Lu Yunwen didn't recover for a long time, and his thoughts on the accusation were a bit confused.
"The second group includes the appraisal report issued by the H City Zoo, photos of the parrots involved in the case sent for appraisal by law enforcement agencies, the appraisal report issued by the XX judicial appraisal agency in J City, etc.
This set of evidence is used to prove that the parrots bought and sold by the two defendants are national second-level protected wild animals and wild animals listed in Appendix I and Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
These two parrots are both precious and endangered wild animals under national key protection under the provisions of our country’s criminal law. "
Lu Yunwen smoothed out the second set of evidence and glanced at Ren Zhen across from him.
This time, you can't find any fault, right?
Before the trial, he conducted detailed research on this set of evidence and even learned about different species of parrots, just to maximize the impact of this set of evidence.
I know there is something wrong with the last set of evidence. This set of evidence has been approved by me, Mr. Lu. You can cross-examine it and I'll see what you can produce.
"Public prosecutor, please explain why the appraisal report was not issued by the same agency?"
Before Ren Zhen started to cross-examine, Luo Xinyan asked first.
"Presiding Judge, the law enforcement agencies first sent the parrots to the City H Zoo. The zoo said they could only identify the species of the sunflower parrots. They did not have the blue-faced badan parrots, so they could not identify them.
There is no other agency in this city that can identify parrot species, so the law enforcement agency can only send it to the appraisal agency in J City. "
Lu Yunwen was indeed well prepared and anticipated the presiding judge's questions.
"it is good."
Luo Xinyan nodded with satisfaction: "Then the defender can start cross-examination."
"Although the prosecutor explained the source of the appraisal report, the defender believes that these two appraisal reports should not be submitted as evidence in this case."
Lu Yunwen was full of confidence and was ready to hear the defense lawyer on the opposite side say, "The defense has no objection to this set of evidence."
Ok?
What did I hear that I shouldn't have heard?
He glanced at Luo Xinyan in confusion, but saw that the judge seemed to be doubting his ears:
"What did you say? It shouldn't be used as evidence?"
"Yes, it should not be used as evidence."
Ren Zhenyang showed a copy of the evidence in Yang's hand: "This appraisal report issued by the H City Zoo clearly mentioned that this appraisal was completed by their veterinarian.
I would like to ask whether the public prosecutor or veterinarian can be the subject of judicial appraisal? "
(End of this chapter)
"There are witnesses, but I don't know why. After the seizure was completed, as soon as I called him to come over and sign, he suddenly ran away."
Tan Junchang recalled it and didn't pay too much attention: "But this recorder also captured it. When the time comes, we can watch the video. There must be this witness."
"Then prosecutor, you can start."
Luo Xinyan nodded and was ready to let the prosecutor continue to present evidence.
"presiding judge!"
Ren Zhen suddenly spoke up.
"what happened?"
Luo Xinyan realized that Ren Zhen's cross-examination seemed not to be over yet?
"I still have questions about the prosecutor, the two law enforcement officers, and the witnesses' explanations."
Ren Zhen smiled half-heartedly: "Although theoretically, the video of the law enforcement camera can correct the lack of witness signatures, but if the witness does not have the ability to witness, even if he testifies, it will be ineffective!"
Ineffective?
Don’t have the ability to witness?
Tan Junchang and Peng Junyang looked confused. The witness we found is not a child. What nonsense is this lawyer talking about?
"The defender will explain in detail."
Luo Xinyan just thought for a moment and realized something.
"Among the evidence we submitted before the trial, there is a psychiatric evaluation report. Please take a look at it in detail, judges."
As soon as he heard Luo Xinyan's words, Ren Zhen knew that the judge did not take a good look at the evidence they submitted.
Of course, it's possible that you didn't understand.
The three judges hurriedly dug through it and found out the report that Ren Zhen had mentioned.
This appraisal report
The judges looked at each other and saw the realization in each other's eyes.
I was wondering before, why did Guo Tiansong submit this evidence? Doesn't this person named Xue Wenxin have anything to do with this case?
At that time, they thought that the evidence submitted here was wrong, so they didn't think about it carefully.
Looking at it now, it doesn’t seem like this is the case?
“This appraisal report was issued by a medical institution with judicial appraisal qualifications in this city, which is sufficient to prove that Xue Wenxin’s intellectual development is abnormal and he is a person with limited civil capacity.
How can such a person who doesn't even know what he is doing become a witness to the evidence seizure process in a criminal case? "
Ren Zhen's voice was not loud, but it was like thunder in the ears of Tan Junchang and Peng Junyang.
This Xue Wenxin was indeed the witness that day. They asked for his name.
But why is this guy such a fool? !
Lu Yunwen was also dumbfounded.
"Is the witness named Xue Wenxin?"
Lu Yunwen didn't even pay attention to the judge and shouted at them.
"Yes."
Tan Junchang wanted to cry but had no tears.
When they went to Cao Kunshan's house to detain him that day, they knocked on the neighbor's door opposite, looking for someone to be a witness. Xue Wenxin was the only one at home, so of course they had to let him be the witness.
They didn't care that he ran away without signing. Now think about it, could this guy not know how to write his own name?
No wonder that the words were so little that day, it would only be um, I thought it was nervous when I saw the enforcement.
Thinking of the scene on the TV at Xue Wenxin's house when they opened the door that day, everything made sense.
No wonder he was the only one watching TV at home that day. It turned out that he was unable to work and could only stay at home. Who is a serious person who doesn't go to work during the working day and stays home to watch SpongeBob SquarePants?
Hearing Tan Junchang's personal admission, Lu Yunwen was completely speechless.
Originally, I asked you to explain it, and then take a look at the video of the law enforcement recorder. This problem is over, and the small flaws are not a big problem.But now that you are here, why are the flaws magnified?
It's better not to come!
"We'll talk about it later after the video is sent over."
Luo Xinyan couldn't help but smile, and asked them to sit aside first.
It was obvious that they really didn't know anything about this witness.
However, this kind of situation can be found, and this lawyer has really put in a lot of effort.
Luo Xinyan glanced at Ren Zhen and asked Lu Yunwen to continue giving evidence.
Ren Zhen, the old god on the side, sipped his saliva beautifully.
Checking every detail of the case has been a habit he has formed since he started practicing law.
He didn't expect that he just went to Cao Kunshan's house as a routine and wanted to understand the situation with the witnesses that day, but he found such a big surprise.
With Guo Tiansong's strong financial support, the family was naturally willing to let Xue Wenxin undergo a mental evaluation.
Anyway, it’s not a secret that a child’s brain is not working well. If you get a free appraisal and get some benefits, only a fool would not do it.
"Second set of evidence"
Shocked by this unexpected situation, Lu Yunwen didn't recover for a long time, and his thoughts on the accusation were a bit confused.
"The second group includes the appraisal report issued by the H City Zoo, photos of the parrots involved in the case sent for appraisal by law enforcement agencies, the appraisal report issued by the XX judicial appraisal agency in J City, etc.
This set of evidence is used to prove that the parrots bought and sold by the two defendants are national second-level protected wild animals and wild animals listed in Appendix I and Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
These two parrots are both precious and endangered wild animals under national key protection under the provisions of our country’s criminal law. "
Lu Yunwen smoothed out the second set of evidence and glanced at Ren Zhen across from him.
This time, you can't find any fault, right?
Before the trial, he conducted detailed research on this set of evidence and even learned about different species of parrots, just to maximize the impact of this set of evidence.
I know there is something wrong with the last set of evidence. This set of evidence has been approved by me, Mr. Lu. You can cross-examine it and I'll see what you can produce.
"Public prosecutor, please explain why the appraisal report was not issued by the same agency?"
Before Ren Zhen started to cross-examine, Luo Xinyan asked first.
"Presiding Judge, the law enforcement agencies first sent the parrots to the City H Zoo. The zoo said they could only identify the species of the sunflower parrots. They did not have the blue-faced badan parrots, so they could not identify them.
There is no other agency in this city that can identify parrot species, so the law enforcement agency can only send it to the appraisal agency in J City. "
Lu Yunwen was indeed well prepared and anticipated the presiding judge's questions.
"it is good."
Luo Xinyan nodded with satisfaction: "Then the defender can start cross-examination."
"Although the prosecutor explained the source of the appraisal report, the defender believes that these two appraisal reports should not be submitted as evidence in this case."
Lu Yunwen was full of confidence and was ready to hear the defense lawyer on the opposite side say, "The defense has no objection to this set of evidence."
Ok?
What did I hear that I shouldn't have heard?
He glanced at Luo Xinyan in confusion, but saw that the judge seemed to be doubting his ears:
"What did you say? It shouldn't be used as evidence?"
"Yes, it should not be used as evidence."
Ren Zhenyang showed a copy of the evidence in Yang's hand: "This appraisal report issued by the H City Zoo clearly mentioned that this appraisal was completed by their veterinarian.
I would like to ask whether the public prosecutor or veterinarian can be the subject of judicial appraisal? "
(End of this chapter)
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