As a Lawyer, You Sent the Judge In?

Chapter 358: Trial: The defendant’s court examination, evidence

Chapter 358 Court trial: The defendant’s court questioning, evidence! evidence! Still evidence!

 When Su Bai accepted the commission, there were only two or three days before the court session.

It can be said that the time from accepting the entrustment to the hearing of the first instance is very short.

In this case, Su Bai could only accuse Huang Xuemei at the first instance trial based on the existing evidence.

 For this case.…

Su Bai has also made relevant preparations.

 It is approaching the eve of the trial.

 In the office of the chief lawyer of Yanda Law Firm, a famous criminal law firm in Beidu.

As the chief lawyer and Huang Xuemei’s attorney, Wan Xiangdong is receiving Huang Xuemei’s parents.

 Huang Xuemei’s parents both work in well-known companies and are senior executives, so they have a lot of say.

 In Beidu, I have a lot of connections.

 As a father, Huang Tao is very concerned about Huang Xuemei’s case.

 Because Huang Tao and his wife only have one daughter, they dote on Huang Xuemei very much at home.

 This kind of thing happened, although Huang Tao felt caught off guard and unexpected.

 But no matter how much he said that he only had such a daughter, he definitely did not want Huang Xuemei to be sentenced severely.

Regarding Huang Tao's concerns, Wan Xiangdong smiled and said: "Mr. Huang..."

“You don’t have to worry so much about this case. Although all the factual evidence points to Xuemei, we can now fully conclude that the prosecutor’s accusation has insufficient factual evidence.”

“Why is there insufficient factual evidence for the accusation?” Huang Tao asked.

“The key is direct evidence. How can we judge the result without direct evidence?”

“I don’t know how much evidence the prosecutors have collected in this case, but I learned from asking Xuemei that the prosecutors probably have no direct evidence to prove that Xuemei committed a crime.”

“So Mr. Huang, don’t worry too much about this.”

 “Hmm…” Huang Tao nodded, and then heard Wan Xiangdong speak again:

“But this point... Mr. Huang had better not reveal it to the outside world, because this is what we need to show in court.”

"Well, I understand this issue. The main thing is this case. I'm afraid there will be some tendency during the trial."

“Don’t worry about this. This time the trial will be held by the Beidu Intermediate People’s Court. At the same time, I also applied to the Intermediate People’s Court for a public hearing.”

“As long as it’s done publicly, there won’t be many problems with this case.”

“No matter how we talk about justice, we must also pay attention to the influence of public opinion.”

“It is impossible for the presiding judge to exercise the right to make a judgment without evidence.”

"Um!"

Huang Tao was relieved when he heard that Wan Xiangdong had guaranteed that there would be no other unexpected events in this court hearing.

With a slight smile on his face, he said:

“Lawyer Wan, if we win this trial, regardless of attorney fees, then all legal affairs of our company will be handed over to Wanxiang Law Firm from now on.”

Hearing Huang Tao's promise, Wan Xiangdong smiled and nodded: "Thank you, Mr. Huang."

 “I will definitely do my best on this case.”

"Um."

 Huang Tao nodded and thought to himself, Wan Xiangdong is the top criminal lawyer in Beidu.

  There should be no other problems.

.

 ….

 Soon, it was court time.

About the case of Huang Xuemei poisoning Zhu Yun, this case occurred in a top domestic university.

to be honest.…

 The shock was great and the influence was great.

Who would have thought that, as a top university in the country, such a thing would happen?

 It is necessary to know how many students across the country want to enter such colleges and universities.

 In the eyes of ordinary people, entering this university guarantees at least the lower limit of one's future.

 Such a vicious criminal case has occurred, and the impact has been too great.

No one expected that such a criminal case could occur in such a university.

 Many media and the public want to know the outcome of the first instance verdict.

Especially when this trial is held in public, many people are looking forward to seeing how the case is pronounced and interpreted.

 In the hearing waiting room.

Su Bai repeatedly sorted out the relevant evidence materials for this trial.

As the lawyer entrusted by the victim, he must ensure that he can assist the prosecutor in making a strong prosecution at this trial.

  Confirmation completed.

Su Bai breathed a sigh of relief and waited for the staff to take them into the court hearing.

 It didn’t take more than a few minutes.

 The staff appeared outside the waiting room: "Hello, we are now ready for the court hearing."

“Please come with me to the court hearing.”

"OK."

Su Bai nodded and brought Li Xuezhen to the court hearing.

 Wait until all people arrive.

 After the clerk announced the relevant laws and regulations, the collegial panel entered the room.

 The presiding judge and two judges came to the bench.

 This court hearing puts great pressure on the presiding judge and the members of the collegial panel.

Why do you say that.…

 Because this case involves the poisoning of students at top domestic universities.

 The influence is very large.

 If the verdict is not good, then the voice of public opinion will be loud.

 So from this aspect, the presiding judge and members of the collegial panel are under considerable pressure.

Sun Zhengping, as the presiding judge this time, struck the hammer after taking his seat:

“This trial will be held by the Beidu Intermediate People’s Court.”

 “Cause for trial:”

“The prosecutor will initiate a public prosecution against the criminal suspect Huang Xuemei involved in the Beidu University poisoning case.”

“The prosecutor is now invited to state the criminal facts and evidence as well as the relevant sentencing recommendations.”

 “A good judge.”

This time, prosecutor Chen Le, facing the presiding judge’s questioning, nodded and made a statement.

“The prosecution’s accusation against criminal suspect Huang Xuemei is as follows:”

“Based on the prosecutor’s investigation and interviews, and the identification of evidence, it has been determined that Huang Xuemei is the only suspect in this case.”

“According to the confessions of the other two roommates in Dormitory 304, Building 5, where Huang Xuemei and Zhu Yun are located.”

  “Indicates that Huang Xuemei and Zhu Yun have profound conflicts.”

“Before the incident, Huang Xuemei even expressed her intention to kill Zhu Yun.”

“And through investigation, it was determined that Zhu Yun was caused by taking highly toxic chemicals.”

“During this process, the chemistry laboratory Huang Xuemei participated in lacked important highly toxic chemicals.”

 “Where do the highly toxic chemicals go?”

“According to monitoring in the chemical laboratory, these chemicals were taken away from the laboratory by Huang Xuemei.”

“And it is consistent with the highly toxic chemicals Zhu Yun consumed.”

“In this case, it can be confirmed that Huang Xuemei is the main suspect in the poisoning.”

“According to the provisions of our country’s criminal law: committing the crime of intentional homicide and poisoning.”

“According to regulations, those who cause serious injury or death shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.”

“In this case, Zhu Yun’s current condition has far exceeded that of a serious injury and her intelligence has seriously deteriorated. Therefore, we believe that the sentence should be based on the seriousness of the circumstances.”

“The recommended sentence given by the prosecutor is: suspended death.” “Presiding judge, the above is the statement of the prosecutor.”

 After the prosecutor gave relevant statements, Huang Tao and his wife, who were sitting in the hearing seat, took a deep breath.

 A reprieve from death? !

 The sentence is so severe? !

 Huang Tao's wife turned her head and looked at Huang Tao with eyes full of worry.

Although Huang Tao was worried in his heart, he still comforted him:

“Don’t worry, Lawyer Wan said there won’t be any big problems in this case.”

 After hearing the consolation, Huang Tao's wife's expression calmed down, but there was still unstoppable worry in her eyes.

At the trial table, Sun Zhengping nodded slightly after listening to the prosecution's statement of relevant matters, and then looked at the defendant's seat:

“Regarding the prosecution’s accusation, does the lawyer entrusted by the defendant or the client have anything to state or defend?”

 “There is a chief judge.”

Wan Xiangdong, Huang Xuemei’s attorney, spoke immediately.

“About the prosecutor’s accusation that we committed intentional homicide and poisoning.”

 “We don’t agree with it.”

 “And we will plead not guilty.”

 When hearing the defense entrusted by the defendant to make a statement of innocence.

 Chen Le, as the prosecutor, said nothing and looked at Wan Xiangdong with a calm expression.

 He wanted to hear how Wan Xiangdong defended his innocence.

 Following that, Wan Xiangdong continued to speak: "We believe that there are certain loopholes in the prosecution's relevant statements."

“First of all...the objective evidence presented by the prosecution is the confession of Huang Xuemei’s roommate.”

“There is also the source of the chemical poison, which is the chemical that poisoned Zhu Yun.”

“Here I would like to ask the prosecutor, what is the specific statement of Huang Xuemei and Zhu Yun’s roommate stated by the prosecutor? Can it be shown what the roommate’s statement refers to?”

 Chen Le said: "The specifics can express Huang Xuemei's subjectivity."

 “Thank you, prosecutor, for your answer.”

Wan Xiangdong then turned his head: "Presiding judge, the witnesses appearing in court today are Huang Xuemei and Zhu Yun's roommates. I would like to ask the witness's statement, please?"

At the presiding judge's seat, Sun Zhengping nodded: "Okay."

With the consent of the presiding judge, Wan Xiangdong took a liking to the two roommate witnesses in the witness seat.

“I would like to ask the witnesses about your statements based on the evidence and the prosecution’s statement.”

“Did you hear Huang Xuemei say that she wanted to kill Zhu Yun?”

As a roommate, Yao Qing nodded: "Yes, we have heard Huang Xuemei's words about deliberately hurting Zhu Yun many times."

“Then I would like to ask, why do you want to testify in court?”

“Presiding judge, I would like to explain here that I don’t have any ill intentions. I just want to ask Yao Qing about her subjective thoughts.”

Wan Xiangdong raised his hand and explained to the presiding judge why he asked this question.

 The presiding judge nodded to indicate understanding.

 The inquiry continues.

Faced with this problem, Yao Qing said: "There is no other reason for me to testify in court."

 “I just want to tell the truth.”

"Okay... this question is over, I want to ask you, you have heard that Huang Xuemei wants to hurt Zhu Yun, then have you heard how Huang Xuemei wants to hurt Zhu Yun?"

"No."

“Hmm!” Wan Xiangdong nodded: “Then do you think it was Huang Xuemei who hurt Zhu Yun?”

 Yao Qing: “I think it’s very possible.”

"What is the source of this high possibility? Is it because you think the relationship between Huang Xuemei and Zhu Yun is not good, and you have expressed Huang Xuemei's intention to harm Zhu Yun?"

 After a few seconds of silence, Yao Qing nodded: "Yes."

“Then did you see Huang Xuemei’s poisoning process or know the specific details of the case?”

"No."

 The two asked and answered again. After the questioning, Wan Xiangdong looked towards the judgment seat:

 “Presiding Judge, my questioning is over.”

“Well, let’s continue to defend Huang Xuemei’s innocence and make a statement.”

 “Okay.” Wan Xiangdong nodded:

“Presiding judge, based on my inquiry just now, the relevant circumstances of this case have been clearly stated.”

“The statement made by the witness just now is based on his own subjective opinion that Huang Xuemei poisoned Zhu Yun.”

“But in this case, neither the confession of her roommate nor the source of the chemicals can prove that Huang Xuemei carried out poisoning.”

 “The reason is as follows:”

“From the perspective of evidence, Huang Xuemei did show hostility towards Zhu Yun.”

“But, on the other hand, showing hostility and saying I want to kill her, does that mean I really want to kill her?”

“Not necessarily, it’s just that it may be mentioned in words, and it cannot be used as a basis for subjective judgment.”

“In addition, the witness’s confession just now described clearly, and no details of Huang Xuemei’s poisoning behavior were found.”

“From this aspect, the witness’s confession only provides a rough possibility and has no objective factual basis. In other words, the witness’s confession cannot be adopted in judgment.”

“In addition, the prosecutor proposed that the chemicals Huang Xuemei brought from the laboratory were consistent with the chemicals detected on Zhu Yun’s body.”

 “But what does this mean?”

 “Does this mean Huang Xuemei is suspicious?”

"Yes, yes, Huang Xuemei is indeed a huge suspect, but the suspect and the criminal are completely different."

“Huang Xuemei brought chemicals from the laboratory, did she poison them?”

 “Who can confirm that she was poisoned?”

“Can anyone confirm or see it with their own eyes and have objective factual basis to prove that Huang Xuemei was poisoned?”

"not at all!"

“So from this point of view, there is no objective factual basis to prove that Huang Xuemei poisoned and wanted to intentionally kill Zhu Yun.”

"It shows that Huang Xuemei poisoned and wanted to kill Zhu Yun. This is completely tantamount to fabricating facts!"

 “What is the most important thing in a criminal case?”

 “It’s evidence!”

“Without objective factual evidence, how can we convict the suspect?”

“There are no laws or regulations that provide such a provision to prove the suspect’s guilt.”

“According to the relevant provisions of my country’s Criminal Law and Criminal Procedure Law:”

“Determining a criminal suspect requires sufficient objective facts to prove guilt.”

“The current situation is that there are no objective facts that can prove Huang Xuemei’s poisoning.”

“Based on this, we apply to dismiss the prosecutor’s lawsuit application.”

 “Ask the court to find us innocent!”

 To put it bluntly, Wan Xiangdong’s point of view is that even if there is the possibility of suspicion, even if all criminal suspicions point to Huang Xuemei.

 But there is no objective factual basis, so Huang Xuemei cannot be found guilty.

From the above discussion, can Huang Xuemei be judged guilty?

cannot!

 This is exactly what Su Bai is worried about—the lack of direct evidence.

  If you want to prove it with direct evidence, it is really difficult to tell the truth.

 Because according to the current situation, the prosecutor does not have direct eyewitnesses or other direct evidence.

 The direct evidence here shows the details of the case and the specific process of the poisoning.

 But can we make a judgment based on side evidence?

Also!

 So after Wan Xiangdong expressed his innocence, Su Bai, as the prosecutor, also raised his hand.

I want to use side evidence to accuse Huang Xuemei.

.

 ….

ˆ PS: If you change the case, it won’t work if you don’t change it.

 Please give me a monthly pass~

 (End of this chapter)

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