As a Lawyer, You Sent the Judge In?

Chapter 370 The facts are complex, and different angles are used to determine the facts and results!

 There is no problem with the presiding judge's question.

 The content of the question is also based on facts and objective argumentation situations, indicating a point of view - whether it can be proved that the procedure is illegal.

 Is there any objective evidence to prove that the procedure is illegal?

 To be honest, not currently.

but.…

 The main discussion in this case is whether Xu Xingwang committed a crime, or whether it can be determined that Xu Xingwang committed a crime.

 As for Wang Fang.…

Wang Fang is just a passing circumstance that Xu Xingwang brought when discussing the facts.

 The illegal and procedural violations stated by Xu Xingwang are not the main conditions for overturning the case in this trial.

but.…

 Because the trial itself was broadcast live in public.

Although Su Bai did not specifically promote it.

 But the case itself and Su Bai's influence can attract a lot of viewers.

Those who watched the live broadcast of this trial were a little stunned after hearing the entire process of the current trial.

 Wang Fang?

From Jiangdu?

Isn’t that a detective? !

Now it seems that the character of the detective is about to collapse? !

 Many people had doubts in their hearts, and some even asked:

“Who is Wang Fang mentioned here? Detective Jiangdu?”

“This case was tried more than 20 years ago. Can the age match?”

“I’m not sure. Is there anyone who understands the answer? It feels a bit like it!”

“I just quit the live broadcast and checked it out, yes, it’s this!”

“I’m sorry! Then this is a big case! Let’s not talk about whether there is evidence or not. Just the issues and people involved, you can feel that there are a lot of things in it!”

“Ahem…Whether it is a major case depends on the outcome of this judgment. If the judgment is upheld, then there will definitely be no problem.”

“If this verdict proves to be an unjust, false, and wrongly decided case, then there must be something wrong!”

 “Keep watching!”

　　　….”

 Many people in the live broadcast room spoke, and most of them wanted to continue watching.

 Because the court has not yet given the final result on whether this case is an unjust, false or wrongful conviction.

  To be discussed.

.

 ….

On the other hand, Wang Fang did not participate in the trial this time.

 Because she only participated in the criminal investigation of Xu Xingwang's trial.

  Initiating public prosecutions and making judgments are handled by the prosecutorial department and the court department.

 Besides, it’s not her responsibility.

Wang Fang is sitting at home, watching the defense of this trial.

 Watching this court hearing this time is just to confirm how this case will be judged.

As for whether he will be subjected to other actions because of this court trial, Wang Fang feels that this will affect him.

Just seeing Xu Xingwang keep mentioning himself and the content of the barrage on the live broadcast of the court.

 I still felt a little unhappy from the bottom of my heart. I frowned slightly and said nothing.

 Continue to watch the defense in the courtroom.

.

 ….

 At the court hearing, Lin Yuanfeng, as the presiding judge, shook his head when he saw Xu Xingwang.

Then he turned to look at Su Bai:

“Does the lawyer appointed by the appellant have evidence to prove that there were illegal procedures in the sentencing of Xu Xingwang in the first and second instances?”

Su Bai said: "We currently have no substantive evidence to prove that there were illegal procedures."

"OK."

Lin Yuanfeng nodded slightly: "The trial continues."

“Continue to ask the lawyer appointed by the appellant, what specifically do you want to express about the relevant content you just asked the appellant to state?”

“Presiding judge, what we specifically want to express is that in this case, we believe that Xu Xingwang’s original confession was wrong, and we cannot be judged based on Xuexin.com’s original confession.”

“You mean Xu Xingwang wants to retract his confession?”

 “Yes, the judge.”

Su Bai nodded.

 Change your confession?

On the other side, after the prosecutor listened to the above exchange between Su Bai and the presiding judge, Wei Hai, as the public prosecutor, expressed his opinion.

 For this court hearing, Wei Hai started from the perspective of objective facts.

 Although the Supreme People's Procuratorate has provided certain guidance and protest, the Provincial People's Procuratorate still has a certain degree of autonomy regarding the detailed information of the case.

 Let’s not talk about other things first, Wei Hai still has opinions on the issue of retracting confessions.

“Regarding the relevant circumstances involved in this case, the lawyer appointed by the appellant expressed that Xu Xingwang’s original confession was wrong and he wanted to retract it.”

“However, there are no practical objective facts to prove this.”

“So the court may not accept the request for reversal of confession made by the appellant.”

 “At this point, the prosecution would like to make some observations.”

“The prosecutor believes that if Xu Xingwang is acquitted, or if Xu Xingwang’s original confession is found to be false.”

“Then we need to produce direct evidence or objective factual indirect evidence to prove that Xu Xingwang has not committed a crime, instead of dwelling on the confession.”

“Oral confession exists in the subjective aspect and is only a supporting evidence.”

“On this point, the prosecutor would like to hear the appellant’s specific views.”

to be honest!

 Let’s go back to the issue—Xu Xingwang’s confession cannot be used as direct evidence to overturn the case.

 Because Xu Xingwang’s confession and the corresponding facts were very clear.

 From the current point of view, there are no problems.

Although Su Bai knew that Xu Xingwang's confession was taken illegally.

 But there is no evidence!

 If you want to retract a confession, you must rely on evidence!

Of course, there are other solutions to this case.

This case was not able to be remanded for retrial by the Supreme People’s Procuratorate because of Xu Xingwang’s confession.

Rather, it lies in direct evidence.

 What kind of evidence is direct evidence?

The new factual basis proposed by Su Bai is that-except for Xu Xingwang's confession, there is no direct evidence to prove Xu Xingwang's guilt.

So from this point of view, can Xu Xingwang be found guilty?

cannot!

Why do you say that?

 Because even Xu Xingwang accused the scene of the crime.

 In the previously coerced confession, the relevant facts and detailed details of the crime were stated.

 However, in the entire case, Xu Xingwang did not leave any corresponding criminal evidence.

 For example, fingerprints, murder weapons, DNA, etc.

From this point of view, it is equivalent to saying that there is no evidence to prove that Xu Xingwang committed a crime.

to be honest!

Xu Xingwang’s confession and admission of guilt and punishment had the greatest impact on the outcome of the verdict!

So now as long as the original confession is overturned, the purpose of acquittal can be achieved.

 But what’s the problem now?

How to overturn the original confession?

 Or how to use indirect evidence and other direct evidence to prove innocence?

This issue is the most critical issue in this trial.

Because Xu Xingwang currently has no particularly strong evidence to prove that his original confession was obtained in violation of procedures.

 The current situation is that it depends on the presiding judge to make relevant judgments on the circumstances of the case.

 See whether the presiding judge believes that the evidence involved in the judgment in this case is insufficient based on the Supreme People’s Procuratorate.

Of course, Su Bai's main reliance in this trial was not on this confession.

  But on the chain of evidence. swag!

Still the same question, if Xu Xingwang broke into a house, robbed and killed someone, where did the stolen goods go?

Su Bai responded accordingly to the questions raised by prosecutor Wei Hai:

“In this case, the direct evidence we mainly rely on is—”

“In the first and second instance judgments of this case, in addition to our confession and admission of guilt and punishment, the most intuitive thing that showed our criminal behavior was the gold chain we went to the gold store to sell.”

“This is directly related to the fact that we have committed a crime.”

“We believe that the previous judgment is not sufficient to convict us.”

“Because according to our current statement, he picked up the gold chain on the road.”

“Although we were said to be a criminal suspect at the time, this alone cannot accuse us of being guilty.”

“In view of this, we believe that the sentence should be changed.”

　　If we say, when the judgment is made in the first instance or the second instance.

Su Bai stated this, and the court may not necessarily rule guilty.

So the court may not necessarily change Su Bai's statement now.

 Because it involves more than 20 years of unjust, false and wrongful cases, there are too many situations involved.

It is also impossible for the court to say that it made a judgment because there was insufficient evidence for certain facts.

 As for Su Bai's statement, Lin Yuanfeng listened to his opinions at the trial table.

 Looking at the appellant's seat, that is, Xu Xingwang: "I want to ask the appellant."

“As for the origin of the gold chain, do you have any evidence to prove that you picked it up?”

“The evidence I’m talking about is objective, factual evidence. For example, someone was with you and saw you picking up a big gold chain.”

 Xu Xingwang: “No.”

"OK."

Lin Yuanfeng nodded. Judging from the current situation, this trial has fallen into a difficult decision.

 Why is it said to be trouble?

 Because at the beginning, Xu Xingwang’s confession and confession of guilt and punishment were used as the main judgment, and of course other major evidence was added.

 But now...

 Xu Xingwang overturned his previous confession.

And there is no evidence to prove that his current confession is an objective fact.

 There is no evidence to prove that the previous confession was an illegal procedure.

The Supreme Prosecutor's Office appeals to see if there is direct evidence to determine whether the person is guilty or not.

 The court reverses the case to see if there is direct evidence to determine not guilty.

So this case now falls into a problem.

 How to determine?

.

 ….

Su Bai also knew very well about the current situation of this case that it was difficult to judge!

 Mainly because the age is too long and there is no evidence!

 In this case, the presiding judge can decide not to overturn the case.

Su Bai raised his hand to indicate this situation, and after getting the approval of the presiding judge, he emphasized the point again.

“The chief judge...In this case, there is no direct evidence to prove that Xu Xingwang broke into the house, robbed and killed.”

"and…."

“The only physical evidence that can be proved is the gold chain. According to our statement, it was picked up.”

“But due to the long period of time, there is no evidence to prove the authenticity of our confession.”

 “But from a side perspective, from a legal perspective.”

“According to statistics, in addition to the gold chain, the lost property involved in this case also included 50,000 yuan in cash and nearly 30,000 yuan in other valuables.”

  “Other lost property has not been found.”

 “Why not found?”

“This is the key issue in this case. At the same time, through this point, it can also be rejected that the stolen goods were obtained after Xu Xingwang committed the murder.”

 “There’s one more thing I’d like to add.”

“That is, according to the investigation, Xu Xingwang did not know the victim.

The criminals did not leave any direct evidence such as fingerprints or marks. There are certain circumstances that can show that the criminals had a certain acquaintance with the victim. "

“But Xu Xingwang has no relationship with the victim.”

 “That’s what we want to make clear.”

“Based on the above, we believe that in this case, the first instance and the second instance ruled that our party was involved in home invasion, robbery and murder because there was insufficient objective factual evidence.”

“So we believe that the verdict should be changed to not guilty.”

Su Bai’s statement still relied on the incomplete chain of evidence to accuse and demand a reversal of the case.

The reason why Su Bai found this case difficult was because he had various possibilities from various perspectives.

There is also the possibility of different judgments.

Facing Su Bai’s statement, Wei Hai raised it again:

“Based on the appellant’s statement just now, we still want to ask a question.”

“The basic views just stated by the lawyer appointed by the appellant are all based on the oral confession of the appellant Xu Xingwang.”

“No specific objective facts have been shown...Can the lawyer entrusted by the appellant express it in detail?”

Su Bai said: "As for the objective facts, we have just expressed it."

 “It shows the objective fact that the complete stolen goods were not found.”

“And there is no direct evidence to prove that Xu Xingwang’s confession is false.”

“In other words, it cannot be proven that Xu Xingwang has committed a crime.”

It is enough that it cannot prove that Xu Xingwang has committed a crime.

 No matter how much else you say, it doesn’t make much sense.

 At the judgment seat.

Lin Yuanfeng, as the presiding judge, faced the public prosecutor and Li Bai's mutual defense.

  I have gradually become more inclined towards this case.

how to say.…

 From the evidence chain in this case, how can we determine Xu Xingwang’s guilt?

 In convicting Xu Xingwang, was it based on physical evidence, direct evidence, and oral confessions?

 What is the physical evidence?

 The physical evidence is the big gold chain, which is stolen property.

So did Xu Xingwang pick up this big gold chain?

 Doubtful!

 What is the direct evidence?

 Direct evidence is the murder weapon, fingerprints, and DNA.

 There is no fingerprint or DNA of Xu Xingwang in this case.

Even the murder weapon was an item from the victim’s home.

So in other words, doesn’t the fact that it doesn’t exist prove Xu Xingwang’s innocence?

  It is not.

 Why do you say that?

 Because in this case, the criminals did not leave fingerprints or DNA at the scene!

 The most important point is Xu Xingwang’s confession.

 According to Xu Xingwang’s confession, the confession he made was obtained through illegal procedures.

 But now he cannot prove that it was obtained through illegal procedures.

 Want to retract the confession but have no evidence.

 On the other hand, it cannot be proved that what Xu Xingwang is saying is false.

What should we do?

 This is from the perspective of the presiding judge, so Xu Xingwang was sentenced.

Although Lin Yuanfeng is biased, he still thinks that this case is not so easy to decide!

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)