Lawyer's character
Chapter 189 Turnaround
"The following is the presentation and cross-examination of evidence. The plaintiff will present evidence." the female judge said.
"The plaintiff only has one piece of evidence, the Administrative Penalty Decision, to prove the fact that the defendant punished the plaintiff. The proof is complete." Fang Yidao.
"The defendant cross-examined," the female judge said.
"The defendant recognizes the plaintiff's evidence." Fang, the big-eared lawyer said. Of course, the "Administrative Punishment Decision" issued by the defendant himself must be recognized.
"Defendant, give evidence." the female judge said.
On the other hand, the big-eared male judge handed the evidence to the female judge in duplicate, and the female judge gave one of them to Fang Yi.
“The first piece of evidence, the transcript of the interrogation and the simultaneous audio and video recording of the interrogation, proves that the defendant’s procedures were proper, and the plaintiff admitted that he had taken DP two or three days ago;
The second piece of evidence was a urine test report. The defendant's urine test on the plaintiff on that day was positive for morphine, proving that the plaintiff had smoked DP.
The proof is complete. "The big-eared male lawyer said.
The clerk brought a laptop and played the simultaneous audio and video of the interrogation in court.
"The plaintiff's cross-examination." After the playback was completed, the female judge said.
“The first piece of evidence is that the plaintiff does not recognize the authenticity, relevance, and legality of the interrogation transcript and simultaneous audio and video recordings.
The transcript of the defendant's interrogation of the plaintiff records that the interrogators were Zhao Yidong and Feng Sheng, and the recorder was Zhao Yidong. The simultaneous audio and video of the plaintiff's questioning submitted by the defendant showed that three police officers questioned the plaintiff. We need to confirm the identities of three people. "Fang Yi said.
"Defendant, who are the three police officers in the video just played? One of them seems to be the defendant's attorney, right?" The female judge immediately understood what Fang Yi meant and looked at the defendant's seat.
"I am Zhao Yidong, and the other two people in the video are my colleagues Zhou Tao and Feng Sheng. Zhou Tao came in to help and does not violate procedural regulations." The male police officer sitting next to Fang's big-eared male lawyer replied.
"Can you provide the identity information of the two people? Do you have police ID? If you cannot provide it, we will go to the court to review it." The female judge said.
"What, I made a mistake just now. The other one is not Feng Sheng, but Li Bing." After whispering a few words to Fang, the big-eared male lawyer, Officer Zhao scratched his head and corrected.
"We will provide the court with their police certificates." Fang Daernan's lawyer added.
In fact, the big-eared male lawyer realized that something was wrong as early as when he saw the video. However, the transcript and simultaneous audio and video recordings are key evidence to determine that the plaintiff violated the law. If they are not submitted, the court is likely to directly determine that the punishment imposed by the Public Security Bureau is illegal, and the verdict The "Penalty Decision" was revoked, so the big-eared male lawyer could only hope that the plaintiff's attorney was unprofessional, could not find the problem, and got past it.
Now that Fang Yi has discovered the problem, there is nothing he can do. Zhao Yidong wants to cover up the truth, but can one person and one alarm be able to cover it up? It’s too late for plastic surgery now.
After hearing what Zhao Yidong said, Fang Yi couldn't help but get excited, and his little heart beat wildly. Because he found a turning point, a turning point that could turn the case from failure to victory.
Fang Yi didn't expect that he would really catch up this time and find the problem. When I watched the video just now, I just felt that there was one more person suddenly, which did not match the number of people in the record. I did not expect that there would be such a big discrepancy.
"Okay, the defendant will submit the information of the two police officers. The plaintiff will continue to cross-examine." The female judge said.
“The police officer who asked and recorded the question in the defendant’s transcript is inconsistent with the police officer in the video, and there are serious procedural problems. Therefore, the interrogation transcript provided by the defendant is suspected of being tampered with and should not be accepted.
The second evidence is a urine test report. The testers signed in this evidence are Zhao Yidong and Feng Sheng. The plaintiff believes that the two are police officers handling the case. The defendant's test violated the "Drug Drug Testing Procedure Regulations" promulgated by the Ministry of Public Security. Not only is the procedure seriously illegal , the test report produced cannot guarantee its rigor and fairness, and should not be used as evidence to determine the fact that the plaintiff is taking drugs. Therefore, the plaintiff did not admit the second piece of evidence.
Cross-examination completed. "Fang Yi said.
"Defendant, how many police officers are involved in this case?" the female judge asked.
"Two, me and Feng Sheng." Zhao Yidong glanced at the big-eared male lawyer and said. The punishment records were all recorded, and there were traces of them. He didn't dare to lie, otherwise the judge would reveal all the information.
"Who did the sampling and testing of the plaintiff's urine test?" the female judge then asked.
"It's me, Zhao Yidong and Feng Sheng." Zhao Yidong said.
"I want to explain this. Due to the special nature of the profession, other police officers went out to patrol the streets on the day of punishment. Due to lack of manpower, the urine test was conducted by the two of them. I ask the court to understand the difficulties faced by the police." Fang, a big-eared male lawyer Played the emotional card.
"Insufficient personnel cannot be an excuse for illegal procedures and violations of relevant regulations of the Ministry of Public Security. It is the greatest injustice to be an athlete and a referee. The Ministry of Public Security formulates relevant regulations to be rigorous, scientific, and fair, and to avoid arbitrary punishments. ." Fang Yi retorted directly.
…
"The plaintiff makes his final statement," the female judge said.
"...According to Article 27 of the "Regulations on the Procedures of Public Security Organs for Handling Administrative Cases", 'Public security organs must collect evidence that can confirm whether the suspect has violated the law and the seriousness of the violation in accordance with legal procedures.'
In this case, the defendant’s main evidence that the plaintiff was taking drugs at home was the interview transcript and urine test report of the plaintiff.
However, the interrogation record and urine test report, which are important evidences for the punishment, are obviously illegal in terms of procedures and should not be accepted. Therefore, although the plaintiff's urine test was positive, it was not enough to prove that the plaintiff had smoked at home on June 1, 2013. DP facts.
The plaintiff requested the court to support the plaintiff’s claim in accordance with the law. complete. "Fang Yi said.
…
When Fang Yi walked out of the court, he felt comfortable all over. He had no hope for this case and planned to go through the procedures to settle the matter, but an opportunity appeared during the presentation and cross-examination of evidence. I didn't expect, I really didn't expect that the trial would be over in an instant, and anything could happen.
Fang Yi took out his cell phone and called Zhou Deguang. Zhou Deguang was overjoyed after hearing Fang Yi's description of the trial.
"Lawyer Fang, according to you, my brother-in-law Li Song's case is definitely won?" Zhou Deguang said excitedly.
"Absolutely. It's most likely like this. Of course, unexpected situations cannot be ruled out." Fang Yi didn't dare to speak too fully.
Then Fang Yi sent Zhou Shen another WeChat message and briefly introduced the court hearing. Zhou Shen did not expect that Fang Yi would be so lucky, and his first administrative litigation case would turn around.
People's luck cannot be tolerated!
On Saturday, Fang Yi went to pick up his son Fang Anzhi and found that his ex-wife Cao Xiaohui was a little different from before. Her face was indifferent and slightly arrogant, and she didn't even look at him when she spoke.
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