Chapter 196 Application for recusal
"The court allowed the prosecution and defense to argue the relevant evidence, with the aim of further clarifying the truth and avoiding mistakes. Both the prosecution and the defense must follow a principle, based on the facts and the law. Fang Chaoyang did not answer this question directly.
"Judicial officer, has there been any progress in the Miao case?" another reporter asked.
"I don't have anything to answer here, please pay attention to the situation of the prosecutor's office. Fang Chaoyang said.
Several bailiffs came out of it and persuaded the media reporters to step aside, and then Fang Chaoyang drove the car in, rested in the office for 10 minutes, and went to meet with the three defense lawyers.
As soon as Fang Chaoyang entered the room, the three of them immediately stood up and said hello to the presiding judge.
"Sit down, as is customary, if you have any new evidence to submit. Fang Chaoyang said.
"No, the available evidence can also prove that Shang Zaijun's crime is not death. The middle-aged lawyer sitting in the middle said.
This person is a well-known lawyer in the mouth of the reporter, Chi Weiran, who is not smiling, from Beidu Tianchen Law Firm, who is well-known in the industry, and in the eyes of many ordinary lawyers, he is like an idol.
Fang Chaoyang used to be a lawyer, so he naturally knew the name of this person, and he was known for his eloquence in court, and he often refuted the prosecution speechless.
"Lawyer Chi, I don't know very well, why do you want to defend Shang Zaijun?" Fang Chaoyang asked.
"I think that the 625 corpse mutilation case 20 years ago was hastily overturned and Lei Fumin was acquitted. Chi didn't say yet.
"According to what you say, there is no need for the police and the prosecution to exist, and it is enough to let a lawyer investigate the case in the future. Fang Chaoyang said unhappily.
"Judicial officer, don't give me a hat, I know that you have always tried cases fairly, and I would like to experience for myself how far Shang Zaijun's case will be judged. Chi Weiran's expression was calm, and he looked like he was in his chest.
"Do you have anything else to say?" Fang Chaoyang then asked.
"Presiding Judge, we believe that the mental condition of the defendant should be taken into account, and there may be limited capacity. Another middle-aged female lawyer with glasses said.
"If I'm not mistaken, Lawyer Yao is good at playing economic cases, so why did he get involved?" Fang Chaoyang asked.
Yao Wuyan, director of Baiquan Shida Law Firm, has the title of a lawyer's first sister in Baiquan City, and she does not take over major economic cases of less than 10 million yuan.
"Okay, I don't want to let Tian Yunsu rob the limelight, she handled two cases, one was sentenced to legitimate defense, and the other was sentenced to life imprisonment, which can be called an example of defense. I think she should have a good relationship with the court!" Yao Wuyan chuckled.
"Don't speculate for no reason, otherwise, I will refuse you to go to court. Fang Chaoyang's face turned cold.
"I apologize, presiding judge, will Shang Zaijun be sentenced to death?" asked Yao Wuyan again.
"No comment. ”
"It shouldn't hurt to reveal it. ”
"Please observe the professionalism of lawyers. ”
Yao Wuyan stopped talking, and the third lawyer was a young man, the defense lawyer in the last Shang Zaijun case, Qiao Haiyang from Dong'an Zhengwen Law Firm.
Fang Chaoyang had a good impression of him, and asked, "Do you have any questions about Lawyer Qiao?"
"No!" Qiao Haiyang's smile was a little embarrassed, obviously he was here to make up the game, and the first two were the main force in this trial.
"So be it, and look forward to your outstanding and fair performance in court. Fang Chaoyang got up and left.
Chi Weiran and Yao Wuyan didn't tell the truth, with their worth and experience, they shouldn't have been involved in the Shang Zaijun case, and they must find out who arranged for them to come over and what the purpose was.
At nine o'clock, Shang Zaijun's serial murder case was held again, the case was serious, the attention was extremely high, the auditorium was full, the media reporters who were allowed to enter set up their cameras one after another, and the corridors were full of people.
Fang Chaoyang, Gao Yiwei and Mu Fan slowly stepped onto the judge's seat with solemn expressions, while everyone below stood up and remained silent.
"Please sit down!"
Fang Chaoyang pressed his hand, looked down, and saw Sha Ziqiang and other victims' families, with sadness on their faces and irrepressible anger.
"Report to the presiding judge, the prosecutor and defender have already arrived in court, the defendant Shang Zaijun is already in the detention room waiting for trial, the pre-trial preparations have been prepared, and the report has been completed. Clerk Zhao Fangfang said loudly.
"The Criminal Trial Division of the Dong'an Intermediate People's Court is now in session. Fang Chaoyang slammed down the gavel.
Soon, Shang Zaijun was brought to the courtroom and stood in the dock, he seemed to be in good spirits, without the slightest frustration and remorse in the interrogation room, and the desire to survive made him choose to fight against the court again and fight for himself the opportunity to continue to live.
The process could not be omitted, Fang Chaoyang once again verified the identity of the defendant Shang Zaijun, and Shang Zaijun answered one by one, probably because his body was a little itchy, and the handcuffs and shackles occasionally made a rattling sound.
"Defendant Shang Zaijun, have you received a copy of the indictment and the notice of trial from the Dong'an Municipal People's Procuratorate?" asked Fang Chaoyang.
"Roger!"
"The Dong'an City Intermediate People's Court held an open trial here, and the defendant Shang Zaijun, who was prosecuted by the Dong'an City People's Procuratorate, was suspected of committing multiple intentional homicides......"
Fang Chaoyang announced the names of the members of the collegial panel and the prosecutors who supported the initiation of the prosecution, Yuan Dan and Li Chunlei, and defense lawyers Chi Weiran, Yao Wuyan and Qiao Haiyang.
After reading out the procedural rights enjoyed by the parties in the trial, Fang Chaoyang asked: "Has the defendant heard the above rights clearly?"
"Hear me clearly!" Shang Zaijun said.
"Defendant Shang Zaijun, have you applied for recusal?"
"I applied for the recusal of prosecutors Yuan Dan and Li Chunlei. Shang Zaijun once again spoke amazingly.
"Why?" Fang Chaoyang asked.
"They have a deep prejudice against me and will make unfair judgments. ”
"The application is invalid!"
Fang Chaoyang directly denied it, the reason for the application was not valid at all, Shang Zaijun's old mistake was committed, and he began to mess around again, trying to delay the trial.
"Presiding Judge, according to the Criminal Procedure Law, the defense believes that the court should fully consider the defendant's reasonable demand for recusal. Chi Ran got up and said.
"Sit down!" Fang Chaoyang pressed his hand dissatisfiedly, and said: "What is reasonable? Why should the two judges and the victim's family members recuse themselves? Besides, there is no public prosecutor among the recusal personnel in the trial. ”