You became a lawyer and sent the judge in?

Chapter 133 The judgment is determined and the first instance judgment is overturned.

soon.….

An hour passed quickly since the adjournment was announced.

With all the clerks rising.

Members of the collegial bench walked into the court hearing table again.

During the adjournment stage, Wang Jianjun had already sorted out the case.

And the trial and general judgment have been determined.

Sitting on the presiding judge's seat, Wang Jianjun looked around the courtroom and spoke slowly:

"Currently, the defense of Lin Haoxue's second-instance trial has been roughly completed."

"Prosecutor, can you please provide the complete process of the original DNA test report...?"

Faced with Wang Jianjun's question, Yan Xiangshang was silent for a few seconds, wondering whether he should submit it.

Because once submitted...

Then doubts may arise because of this submission process.

But if it is not submitted...then there is no possibility of the case being overturned.

If the court finds that the law enforcement party was negligent...

So the influence on them is too great...

Faced with this situation, Yan Shang didn't know what to choose for a while.

After hesitating for tens of seconds.

At this time, Wang Jianjun noticed Yan Xiang's hesitation and continued to ask.

But this time the tone of the inquiry was much more serious than the last time.

"Accused, please answer the questions."

Faced with Wang Jianjun's inquiry, Yan Xiang thought of a clever idea and passed the blame.

"presiding judge."

"Regarding the presiding judge's question, I have no in-depth understanding of the DNA testing process and cannot give a reply in court..."

"Presiding judge, we apply to hand over relevant materials and evidence after the trial."

Wang Jianjun:? ? ?

How did you say this...?

Submit evidence after court?

Don’t you know that there is a certain time limit for submitting evidence in court?

Besides...

You have such a small trick, I have been the presiding judge for so many years, you don’t think I can see it, right...?

Wang Jianjun's expression was calm, knowing what Yan Xiang was thinking...

It's just that he intends to use this argument to show that he has evidence and corresponding clues, so that he can take this into consideration when making a decision.

but.….

Wang Jianjun still said the same thing, judge how you want to be judged...

The evidence we need to look at is the evidence in court. What’s the point of not looking at other evidence?

Even if he knew it, he couldn't judge the authenticity of the evidence, so it was equivalent to saying that Yan Xiang was playing a trick.

Wang Jianjun didn't like this little cleverness too much.

After frowning slightly, he banged the gavel.

Boom!

"Since the accused was unable to provide evidence in court, according to the court trial rules, the evidence from legal sources cannot be verified, which means that the original DNA test report is deemed to be invalid evidence."

Boom!

"Does the accused have any comments...?"

When he heard the verdict, Yan Xiang was stunned for a moment.

This...is it judged...?

"Presiding judge, we have objections... We think this judgment is unreasonable. Our DNA test report is true, and we have proposed to submit corresponding process evidence after the court. Why should we judge our test report? Is it invalid evidence…?”

After hearing Yan Xiangshang's words, Wang Jianjun didn't want to give any face at all.

Don’t you know why the DNA test report is considered invalid evidence?

However, Wang Jianjun, as the presiding judge, still gave an explanation.

"According to Article 52 of the Criminal Procedure Law, the understanding and application of evidence collected in accordance with the law."

"The litigant has questioned the source of your evidence, and it has a factual basis. You cannot prove the legality of the source of the evidence in court. Based on the above, it is determined that your evidence is invalid evidence."

"If the accused has any factual basis that is inconsistent or believes that the judgment does not comply with any law, he can raise it in court, and the court can adopt it if it deems it reasonable."

"The accused has objections to the above determination. Now please state the accused's rebuttal."

Yan Xiangshang:…..

Present a rebuttal…?

How to state this….

Yan rubbed his eyebrows upward, realizing that what he just said was too impulsive and left a bad impression on the presiding judge.

The DNA test report is judged to be invalid. How do you say this judgment...

From the subjective point of view of the presiding judge, it can be ruled invalid or, of course, valid.

after all.….

The DNA test report is true.

Regardless of whether it is forgery or not, the other party cannot produce strong evidence to prove it...

Although, the other party proved the source of the blood marks on his body.

However, Lin Haoxue's DNA did remain in the victim's fingernails.

There is no doubt about this, and it is also what the other party needs to refute.

This DNA can come from other sources. Of course, if it is identified based on this, then the blood stains identified in the first trial will not be consistent with the facts.

But this is not the most important thing. The most important thing is that Lin Haoxue's DNA remains in the victim's fingernails.

If the other party cannot prove it with strong facts.

This depends on the presiding judge's preference for the DNA report...

Therefore, he used a common trick to avoid this problem.

But I didn't expect that... I would get myself into a trap...

Wang Jianjun: Don’t show off your little thoughts.

I have tried so many big cases, and I have seen your kind a lot... Is there something wrong with you?

Reasonable and legal, no problems!

Wang Jianjun will severely punish such clever people!

On the judgment stand.

Seeing Yan Xiangshang not speaking, Wang Jianjun looked calm and continued to ask:

"Can the accused provide factual basis to prove that the collegial panel has problems with this judgment?"

call.….

Yan sighed: "President, we can't. We have no objections to the collegial panel's decision."

Boom, boom, boom!

Wang Jianjun banged the gavel and said:

"The prosecution's lawyer has no objections, so why did he raise a question just now...?"

Boom!

"The prosecution's lawyer disrupted and interfered with the progress of the trial process. I will give you a warning!"

"Does the lawyer for the prosecution have any objection to this punishment?"

Yan Xiang had a hard time saying that this was a clear punishment for him.

But it’s reasonable, is he angry?

Definitely angry.

But there is nothing you can do about it...

He nodded silently: "Presiding Judge, we have no objection to this punishment."

Boom!

After Wang Jianjun banged the gavel, he nodded with satisfaction.

Next is the court statement stage...

Boom!

"Do the parties to the lawsuit have any objections to the determination that the DNA evidence is invalid?"

The prosecutor was the first to answer: "No objection."

Su Bai: "No objection."

Yan Xiangshang: "No objection."

Boom!

"All parties to the litigation have no objection to this judgment. The collegial panel has roughly sorted out this case and confirmed the basic facts. Now the parties to the litigation are invited to make court statements."

"Please give the prosecution a statement."

Kong Jiantu was listening to the court statement.

Take a long breath.

After finishing the presentation, you should be able to eat melon...

Judging from the content of this lawsuit, the impact of this case is not small...

Forging evidence, charging the death penalty, and submitting an application for the death penalty. All parties, including the public prosecutor, the prosecutor, and the law, have the responsibility to supervise, and yet such a big mistake has occurred.

If approved by the Supreme Court.

So this influence... is simply incredible.

In fact, someone had already contacted him before the trial.

Let him complain about this trial and ensure that the first instance verdict is upheld. After the second instance is over, he will be rewarded.

Thinking of this, Kong Jiantu muttered silently, fortunately he stuck to his bottom line as a public prosecutor and did not get involved...otherwise...

Kong Jiantu shook his head slightly, and then looked at the trial stand.

"Presiding Judge, we give up our statement."

Be direct and don't state it at all.

Boom!

"The prosecutor has given up his statement. Now let the accused make his statement."

Yan Xiang knew clearly that after the case reached the presentation stage, the DNA test report evidence was determined to be invalid, and the case was now considered lost.

The most important thing now is to alleviate the fault that the other party accuses them of.

After taking a deep breath.

Yan began to make a statement:

"Presiding judge, our court statement is as follows:"

"We believe that the litigant accuses us of negligence. There is actually no strong evidence to support this view."

"When law enforcement parties exercise their responsibilities, they consider many aspects of the issue."

"It cannot be judged on a single surface whether it is negligent or not."

"Presiding Judge, we have finished our statement."

Yan Xiang's statement was simple and clear, without any unnecessary nonsense.

There is only one purpose for saying this.

That is--

Presiding judge, don’t just judge our law enforcement side as being at fault. There are other parties as well.

Just because the other party has not filed a complaint does not mean it should not be taken into consideration.

Yan Shangshang lowered his gaze on Wang Jianjun's face, hoping to see the outcome of the verdict from his face.

Unfortunately, there was no emotional change on Wang Jianjun's face, leaving Yan Shang unable to figure it out at all.

Boom!

"The law enforcement party has completed its statement. Now let's ask the parties to make a statement."

After hearing the presiding judge's voice, Lin Haoxue spoke:

"President, I have nothing to say."

"I just hope...the law can give me a fair sentence."

"Presiding judge, I'm done..."

Boom!

"After the client has made his statement, does his attorney have anything to add?"

"There is a presiding judge."

"Please ask the attorney for the party to make additional additions."

"Good judge"

Su Bai nodded and continued:

"My supplement is to state that the law enforcement parties are not at fault..."

"I think this statement from law enforcement is inappropriate..."

"First of all, the law enforcement side handed over Lin Haoxue to the prosecutor before confirming the truth of the evidence. Secondly, the law enforcement side seriously deviated from the procedures and serious problems arose."

"If there had not been an investigation into Lin Haoxue's testimony, how could Lin Haoxue be accused of assaulting women and committing murder after committing the crime...?"

"How could you be imprisoned for six years as an 18-year-old and just come of age, missing out on your life?"

"You must know that this case initially charged the death penalty, and an application for approval was submitted to the Supreme Court."

"If it is approved, then for Lin Haoxue, it will not be a missed six years of life, but a direct loss of life."

"Every unjust, false or wrongful conviction is a huge blow to the credibility of the verdict."

"If the law enforcement parties verify the evidence, do not violate the rules, and do not deviate from the procedures, then there will be no unjust, false and wrongful convictions this time."

"Based on the above, we believe that the accused committed serious negligence and wrongful conduct, and must publicly apologize and compensate us!"

….…

After Su Bai finished his statement, outside the court hearing, there was a comment area for the live broadcast of the trial.

"That's right, that's very good. If the law enforcement parties were not at fault, then this unjust, false and wrong case would never have happened. Now that we have missed it, what's the point? Just admit your mistake honestly and that's it!"

"Just admit your mistake and be done with it? Brother upstairs, have you forgotten what the crime you were accused of at the beginning was? The crime you were accused of at the beginning was the death penalty! If it hadn't been rejected by the Supreme Court, then now... can this be recognized? Is the accused intentionally committing murder?”

"There is indeed suspicion of intentionality in this regard, but... one thing to say, for the accusation of death penalty, isn't that the responsibility of the prosecutor? It doesn't seem to have much to do with the accused, right?"

"Yes! So the prosecutor's lawyer is very smart. He didn't say a word during the whole process, and he didn't say a word about subjectivity. The whole scene was, yes, yes, yes, yes, yes. He sat on the prosecutor's seat honestly, and he was in the same aggressive state as before. It’s completely different, with an attitude of completely listening to the judgment of the presiding judge.”

"Hahaha! When you said that, I suddenly understood why the prosecutor didn't speak. Is it because he was afraid that the speed would point the finger at the prosecutor?"

"Indeed!! After hearing the explanations from the big guys, I realized that this is the reason why the public prosecutor did not speak!"

"Hahaha! It's absolutely amazing!!"

“….…”

There was a heated discussion in the comment area regarding Yu Subai's court statement.

And at the same time.

In the court hearing room.

After listening to the court statements from all parties, Wang Jianjun looked at Zhou Yun and Zhu Chaoyang.

Zhou Yun and Zhu Chaoyang nodded slightly and agreed.

Seeing this, Wang Jianjun banged the gavel.

Boom!

"The court statements from all parties have been understood by the members of the collegial panel."

"We are now ready to announce the verdict."

Boom!

Wang Jianjun banged the gavel.

Clerk: "Everyone stand up! Please ask the presiding judge to announce the verdict!"

Swish, swish, swish.

At the court hearing, everyone stood up. Wang Jianjun held the verdict and began to read out the verdict.

"The cause of this case: The litigant was dissatisfied and filed a not-guilty defense against Lin Manhao's application to revoke the first-instance judgment. It also determined that the accused department was at fault in exercising its responsibilities and applied for a public apology."

"This court has jurisdiction over this case, and all applicable laws are in accordance with domestic laws."

"The verdict is announced below:"

"According to the collegial panel's research decision, the litigant applied to revoke the first-instance judgment of Lin Haoxue's case and defended his innocence. The current verdict is as follows:"

“In response to the revocation of Lin Haoxue’s first-instance Jiangdu Intermediate Court judgment.”

"The Jiangdu High Court, the court of second instance, now finds:"

"According to the Criminal Procedure Law, the understanding and scope of the provisions of Article 50 and the applicable regulations and the scope of application of the regulations of Article 55 that light confessions and emphasize evidence:"

“The facts found in the first-instance judgment were inconsistent with the facts.”

"The key points are as follows:"

"First: There are major differences between Lin Haoxue's confession and the evidence submitted by law enforcement."

"Second: Lin Haoxue's confession has been repeated and has not yet been judged. The judgment was made without confirming the facts, which does not comply with the corresponding judgment process."

"Third: The relevant departments did not listen to Lin Haoxue's testimony, which is a serious violation. Lin Haoxue provided factual basis and determined that the DNA test report was invalid as the main evidence of the first instance."

"Fourth: The litigant submitted evidence regarding the source of the blood marks on Lin Haoxue's chest identified in the first instance, thus refuting the source of the blood marks identified in the first instance and determining that the identification in the first instance was wrong."

"fifth:.….…."

Regarding the matters found to be inconsistent with the facts, Wang Jianjun listed several items.

After the list was completed, Wei Wei raised his head and looked at the parties' seats.

"Based on the above, it is determined that the first-instance judgment lacks factual basis, lacks legal basis, and lacks factual identification."

"The judgment of the second instance shall be revoked."

"Lin Haoxue is found not guilty and released in court!"

"At the same time, determine the amount of state compensation requested by the litigant!"

"It is determined that the law enforcement party committed by the litigant has committed negligent conduct."

"The court determined that the law enforcement party did not determine the facts based on the conditions of the crime, the purpose of the crime, and other factual basis and handed it over to the prosecutor. It was indeed negligent."

"It is determined that the relevant law enforcement units at that time issued a public apology to Lin Haoxue!"

“According to the provisions of my country’s Procedural Law, if the parties to the lawsuit determine that the facts are wrong or the judgment is wrong, they can submit to the relevant departments for review and supervision after the court is closed, or submit a request for retrial to the higher court.”

"The judgment will be issued to all parties within 15 days of the closing of court."

Boom!

The dull sound of the gavel echoed throughout the courtroom.

Breaking the silence in the court hearing just now.

When the presiding judge announced the verdict just now.

The whole place was silent, without a sound, everyone wanted to know what the final verdict was.

now.

The moment the verdict was announced.

Various litigants, parties or relatives at the court hearing had different reactions.

Lin Haoxue and Li Xiangfang, who were sitting at the table with their family members, cried with joy. What they cried was the difficulty of the past six years.

After six years of persistence, he finally received a just trial in court and was acquitted.

Kong Jiantu in the prosecutor's seat breathed a sigh of relief. The trial was over and he no longer had to worry about anything else.

Yan Xiang, who was sitting on the prosecutor's seat, frowned and didn't know what he was thinking.

However, it can be clearly seen that the eyes are full of worry about the outcome of the court verdict.

Su Bai and Li Xuezhen, who were sitting on the litigants' seats, behaved differently.

Su Bai breathed a sigh of relief. After the verdict of this case came out, there was no big problem.

It was a troublesome case solved.

The judgment has been made, it’s easy!

Li Xuezhen had a happy face and bright eyes.

call.

Won the case.

There is evidence for submission to supervisory review.

+1+1+1+1+1+1.….

Beautiful...

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