Chapter 252: Micro Exercises
There is a way to dare to pull the emperor off the horse, and the old housekeeper has half a month of life at most. He had been suffering from illness for months, and he had nothing to fear. Xie Lu did one thing right, the old housekeeper retired and went home to recuperate, Xie Lu sent money to the old housekeeper's son, and promised that after the old housekeeper left, let his son go to Xie Lu, and there must be a greeting every three days. All this is the main reason for the old butler to be narrow-minded and grateful, and to give up great justice.
Sima Luo said: "Xiaoyu, a question, on the day of sending the money, that is, when you received the call from the housekeeper, it was the unknown number, where were you?"
Xiaoyu was stunned for a moment, and subconsciously looked at Cao Yun, Cao Yun was shocked, what is the situation?
Sima Luo: "Where were you at the time?"
Judge No. 1 said: "This court does not have the right to silence, and perjury will kill people." ”
Cao Yun: "Oops, my stomach hurts......"
"You're enough. Judge No. 1 couldn't help it: "Bear with it." ”
Sima Luo forced Xiaoyu to look at him: "Where are you?"
"I ......"
One of the nearest guards pulled out a pistol and began to spin the silencer, and instead of aiming at the vital point, he aimed at Xiaoyu's knee, three meters away.
Xiaoyu struggled to bring her legs together, and the person leaned to the side.
Sima Luo roared, "Where are you?"
Xiaoyu: "I...... I'm in Xitang District. ”
Oh, bought a Karma!
Sima Luo nodded: "You brought money?"
Xiaoyu: "The housekeeper informed me earlier to bring money to Xitang District. ”
Sima Luo asked, "Are you sure?"
Xiaoyu panicked.
Cao Yun was about to speak, but the guard gun pointed over, Cao Yun knew that he would really shoot, so he could only choose to shut up. Even in a normal court, he has no right to speak now. Nor could he object to Sima Luo's questioning.
The biggest problem is money, Xitang District is normally a forty-five minute drive from Xie Lu's small estate. Unless Xiaoyu was in the manor, after receiving a call from the old housekeeper, he immediately took the money and galloped all the way to Xitang District. Xiaoyu was asked about the flaw.
Xiaoyu: "Someone told me to drive to Xitang District with 500,000 yuan and wait for the call." ”
Sima Luo asked, "Who is this person?" The Flame Court did not recognize the right to silence.
Cao Yun raised his hand, and then stood up: "Sima, do you believe what she said?"
Sima Luo asked rhetorically, "What do you mean?"
Cao Yun said: "If you believe this sentence, it means that Xiaoyu is not the mastermind of the kidnapping, because someone told or ordered her to bring money to Xitang District." ”
Sima Luo: "Who asked you to bring money to Xitang District?"
Cao Yun was a little anxious, and his middle and index fingers of his right hand kept shaking, pressing the table. Ling Hulan stretched out her hand and pressed the back of Cao Yun's hand: "Don't care about winning or losing in one city and one pool. ”
Xiaoyu: "It's me." ”
Sima Luo: "In other words, you are the mastermind who kidnapped Fan's wife." ”
Xiaoyu: "No, it's the old butler's plan." On the afternoon of the day the money was given, we had a phone call, and he said that from nine to ten o'clock in the evening, you take half a million dollars to drive around the city center. I asked why? And he said, just do it, don't know too much. ”
Sima Luo asked: "What you said someone told you to bring money, you said it was yourself, and you said that it was the old housekeeper's plan, what is it?"
Xiaoyu apologized: "I'm sorry everyone, it's the first time I've been to court, not only the first time I've been to the Flame Court, but it's also the first time I've gone to the police station a few days ago." Incoherent, sorry. "Sincere apologies. This is Cao Yun's lesson to her, what should she do if she says the wrong thing? What to do if someone wants to grab your tail and beat you hard, apologize.
Cao Yun said: "Everyone knows Xiaoyu's resume, and in his position, nervousness is inevitable. ”
Judge No. 1: "I agree to forgive you once, but there will be no next time." ”
"Thank you. Xiaoyu said: "The old housekeeper asked me to bring money for a ride." ”
Sima Luo said: "What method do you use to communicate?"
Xiaoyu replied: "Use the landline of the office on the second floor of the Xie family to contact the old housekeeper's son." Because no one answered the old housekeeper's phone. ”
Sima Luo asked, "You took the initiative to contact?"
Xiaoyu replied: "Yes, Mr. Xie explained that he should greet him once every three days at least, and it is best to greet him once a day." I call the old housekeeper whenever I have time, or when I remember. ”
This sentence is the truth, and it is also the lifesaver that Xiaoyu suddenly thought of when she had no way out, and she is now very glad that she listened to Xie Lu's words.
Judge No. 1: "Witness, indicate the telephone numbers of both parties." ”
Xiaoyu asked for her own mobile phone, she knew the landline, and the old housekeeper's son's phone number couldn't be remembered, and it was stored in the address book. After Judge No. 1 asked for the number, it was about three minutes: "That's right, there was communication between 2:40 p.m. and 2:42 p.m. ”
Sima Luo asked, "Why don't you use your mobile phone?"
Xiaoyu replied: "Because after the old housekeeper was sick, he often couldn't speak. The mobile phone signal is slightly worse and I can't hear clearly. Landline calls are of the highest quality. "These are the truths.
Cao Yun let out a long breath, it's okay, fortunately, Xiaoyu is clever enough. If Xiaoyu didn't have this cleverness just now, he would either confess someone, or he could only admit that he was the mastermind. When she returns to Dongtang, it will be very troublesome. Because no matter how Xiaoyu is handled, Sima Luo will ask carefully and clearly. Once the details are detailed, the light rain will be more troublesome.
The reason why Sima Luo came to the Flame Court was because the Flame Court did not have the right to silence, and the consequences of perjury were serious. These two points have a great deterrent effect on witnesses.
Sima Luo said: "Next question, you said to put the box under the car at 10:20, and go under the car at 10:40 to take the USB flash drive with the video." ”
Xiaoyu nodded slowly: "Yes." When she answers questions now, she will start thinking about the questions Sima Luo wants to ask, and create lies one step ahead.
Sima Luo said: "The question is: Where are you in these twenty minutes?"
Cao Yun smiled bitterly, sure enough, the lie was too difficult to keep.
Xiaoyu can answer:
One: I'm waiting in the car. Sima Luo would ask rhetorically, did you see the kidnappers? Did you find this car on foot? Then you drove the car away and parked it, and then came back and put the box under the car, and then went back to your car?
Waiting for the kidnappers to appear in the car, the less you know that the old butler explains, the better. The testimony conflicts, and trouble naturally comes.
Two: I drove to find the target car, parked nearby, and the person left. This answer is in line with the old butler's explanation. But the question is, where have you been? Where have you been in twenty minutes? If you're willing to inhale exhaust in the basement for twenty minutes, why don't you hide in your car and get out of the car when the time comes?
There is only one option to leave the parking lot to go to the supermarket, it is not possible to leave on foot from the parking lot entrance. The supermarket definitely has cameras. If the camera doesn't have you, you're lying.
Three: After I put the box on the chassis of the car, I got in the car and drove out of the parking lot.
Sorry, the parking lot is a paid parking lot, and there is a record time for vehicles entering and leaving.
Cao Yun knew what the truth was, Xiaoyu drove near the kidnapper's vehicle where he could see it, watched the kidnapper take the box away, and then went to take the USB flash drive. This is the truth and can't be said, because it doesn't conform to the spirit of the old housekeeper to protect Xiaoyu. At the same time, Xiaoyu did not provide this information at the police station, did not explain the appearance of the kidnappers she saw, and even told the police that she did not see the kidnappers.
Xiaoyu's confession at the police station explained that Shuai Shrimp Supermarket, she said that she sent the money over according to the instructions of the old housekeeper and put the money under the territory of a car. When asked for details, she said she couldn't remember, and she couldn't remember the license plate number. I didn't see the kidnappers, and I was scared.
Four: I parked the car nearby, followed the instructions of the old butler, and hid in the car. So I didn't see the kidnappers, and I didn't go anywhere. At 10:40 as the old housekeeper said, I got out of the car and got the USB flash drive, got in the car and drove away.
The fourth answer is the only one that can tell a lie. But can Xiaoyu think of the flaws in various statements in such a short period of time, and finally conceive a perfect lie?
Cao Yun was also a little tired, after all, it was a lie, easy to attack and difficult to defend. Even if this step is kept, there is the next step. Lies are like a snowball, piling up bigger and bigger.
This time the battle is not lost so far, but it must be evacuated, because if the fight continues, it will definitely be lost.
Xiaoyu didn't know how to answer and kept thinking, but the guard received the order, and the judge's patience was limited. Cao Yun finally spoke: "In the current atmosphere of the Flame Court, I agree that Xiaoyu is the mastermind of the kidnapping case. ”
"Atmosphere?" Sima Luo asked rhetorically.
Cao Yun said: "Xiaoyu also said that it was her first time in court, and now someone is holding a gun and preparing to shoot her, so she forgot about it if she was too nervous." I think we're wasting our time and the focus isn't on the light rain. It's about whether Xie Lu paid Xiaoyu or not. ”
Sima Luo: "Oppose, oppose the vague wording of the defense, admit is admit, yes is yes." If not, I agree to give Xiaoyu a little time and let Xiaoyu think about it. ”
Cao Yun sighed: "Xiaoyu is not you, even if you think about it here, it will definitely cause other problems." Okay, admit it. ”
If you can't beat it, you can only go back to Dongtang to fight a lawsuit again. There is every reason to overturn the testimony in the Flame Court in the Eastern Tang Tribunal, unless the Eastern Tang Tribunal recognizes the Flame Tribunal as a legitimate criminal arbitration institution. However, it is difficult to say how things will develop, and it is difficult to say whether the lawsuit will be won.
Sima Luo accepted it when he saw it, and he knew in his heart that the mastermind was likely to be Xiaoyue. But Xiaoyue's information is very small, and it took a few days of the trial for the camera and Sima Luo to notice Xiaoyue's person, if Cao Yun has evidence to prove that Xiaoyu is not the mastermind, it will be difficult to do. Cao Yun also wanted to have it, but he didn't.
So, in the first positional battle, Sima Luo, with good equipment and preparation, defeated Cao's army and occupied the position. In the following court arguments, Xiaoyu will become the mastermind and continue the trial around this fact. That's where the ingenuity of the step-by-step approach comes in, the prosecution, the police usually have almost unlimited resources. The resources provided by the defence, even if it is a team of lawyers, are incomparable to those of the judiciary. Step by step will delay the time of the trial, but it can clarify the context and be very helpful in trying the facts. Step-by-step is usually not the first defense strategy of the defense because it requires a lot of resources.
Xiaoyu is obviously one of the resources controlled by Sima Luo, and this card has already been played. Cao Yun couldn't take this card, so he could only retreat. It is the first time that the trial of this case has been withdrawn since the beginning of the trial.
……
In the second positional battle, whether Xie Lu paid Xiaoyu, that is, the mastermind of the kidnapping, a sum of money.
The fact is that Cao Yun knew that Xiaoyu contacted Xie Lu through electronic audio software and asked for money. Xiaoyu has several purposes, leaving aside the relationship with Xie Lu, and doing it for money, not for kindness. Second, the police will not suspect Xie Lu of kidnapping Fan's wife. Moreover, Xiaoyu didn't want Xie Lu to know that he was involved in kidnapping Fan's wife, which had another purpose, if Xie Lu knew the truth, it would be easy to be caught lying when facing the police.
That's the problem.
In fact, Xie Lu gave money, whether it was Xie Lu, the old housekeeper, or Xiaoyu, their ability to send money and collect money was too low. Or that the lens level is too high, and it is easy to find out the money movement. Once the time of receiving and sending money matches the time of the kidnapping, is it still necessary to fight this positional battle?
Cao Yun thinks no, but Ling Hulan, as a marshal, thinks that there is, she is a typical strategic thought. Although I know that this position is difficult to defend, if I can use ten of my strength, it will be worth defending.
To keep, there must be a point that can be kept. There happens to be a point.
Cao Yundao: "The police found out that Xie Lu did have a remittance, and the amount was two million. The question is where does the money go...... Sima Luo, say it. Read only half of the lines, despise you. ”
Sima Luo said helplessly: "Two million is directly remitted to the Blind Children's Charity Fund. "It is said that a significant proportion of blind children have the means to regain their sight, but the problem is money.
Cao Yundao: "In the verdict of the crime of 'benefiting', there are two very important (Gao Yan) principles, soliciting other people's property or illegally accepting other people's property and seeking benefits for others. Although Xiaoyu solicited other people's property, she did not seek benefits for herself, so the financial transactions between them should not be judged as interest exchanges. ”
In a classic case, an official transferred the beneficiary money to a charity for a period of time after receiving the money, totaling 1 million. The court ruled that the money was not beneficial, and the prosecutor appealed in court, but in the end one million was ruled to be non-beneficial.
This point is complicated. The news reported that a Wei Guangzheng official gave money from the developer, and he remitted the money to charity in front of the developer. What is this?
To complicate matters further, if you don't do anything and don't seek benefits for the other party, you don't count as a beneficiary. The Supreme People's Court explained that as long as there is a commitment, it will be considered a benefit. Not the other way around. In other words, there is a legal micro-manipulation. However, it is useless to stand on the judgment seat. I won't go to the judgment seat, and it's okay if I don't it.
In many crimes, there is a condition for the establishment of benefits, that is, to gain benefits! to obtain illegal gains! According to legal principles, sometimes if you do some bad things, as long as you do not take benefits, the charges will not be established.
As the paragraph says: A person burglary, violently resists arrest, and the crime changes from burglary to burglary, starting in ten years. This guy said that he wanted to break into the house because he wanted to steal property, and this was an attempt to break into the wall, and this crime had nothing to do with whether he broke into the house or not, and he started in three years! This guy also said that he saw that the owner of the house was extremely ugly, so he gave up the tip of the wall and ran away. This guy also said that he had a crush on the male hostess, but he didn't expect the ugly hostess in the house. It can't be counted as a wall tip. Strong men are intentional injuries, and the suspect is considered an intentional injury, and there are no harmful consequences and no punishment!
Of course, this is a joke. But the truth is this truth, the only thing to pay attention to, at the beginning to bite yourself in love with the male host, into the room to prepare the male owner of the wall, but I didn't expect the hostess to be at home, and extremely ugly, so I ran away, and there were some violent conflicts in the escape.