Chapter 418: The Way of Righteousness (I)
At the invitation of Xiao Guo, Cao Yun went to Daewoo Island to run errands, during which a murder occurred on Daewoo Island. The ore invaded the underground home from the backyard of the underground and was electrocuted by the electric cat arranged underground. According to the actual situation, Cao Yun listed three possibilities.
First: the underground unintentionally injured people, and arranged electric cats to defend against mountain rats, resulting in the death of ore, and did not bear legal responsibility.
Second: There is an idea of blocking the invasion of outsiders in the underground, but there is no idea of killing, and the electric cat is arranged to seek a sense of security. Negligence causing death.
Third: Knowing that someone would invade their backyard and knowing that the electric cat would cause the death of others, they still bought and arranged the electric cat, which eventually led to the death of the ore. Intentional homicide. “
What does this case have to do with the criminals?
The offender is a native of Daewoo Island, born on Daewoo Island, and left Daewoo Island with his parents in junior high school to go to Mingtang, and then went to Dongtang to study at university. Inoshita is a teacher who is a prisoner. The criminal Wu only learned about this matter before the third trial in the mine, and he even went to observe the defense of the third trial led by Lu Yihang.
He is not a former prosecutor, he is here to find a field, he is here to overturn the case in the well.
This seems to be the only way to overturn the case for the underground. I don't know if it has any effect, but the offender still contacted Flame through online social platforms, hoping that Flame would accept his application and retry the ore murder case in the Flame Court.
After the introduction of the prisoners, the housekeeper said: "The prosecution and defense have 24 hours to prepare, and all the materials are sent to your computers, rooms and mobile phones, please check them carefully." In addition, starting today, it is possible to stay in the homeowner's residence with the permission of the homeowner. ”
......
24 hours is too much, and Cao Yun and Jiuwei are very familiar with the ore murder case.
The defense in this case is unable to open up a new battlefield and must confront the Nine-Tails head-on. Because the key point is in the mouth of the well. The nature of this case is a subjective determination of the crime, and why the suspect arranged an electric cat underground is a direct definition of the underground crime. After three days of interrogation by the police, when the underground confessed that he had purchased and arranged the electric cat, he thought that the intruder would be electrocuted.
The police interrogation under the supervision of the Nine-Tails did not violate the law and regulations, and there were 10 interrogations over three days, with the longest interrogation lasting 40 minutes and the shortest interrogation lasting 25 minutes. None of the total interrogation time, the single interrogation time, and the manner of interrogation exceeded the legal provisions.
Late at night, after Ouyang Yi listened to Cao Yun's explanation: "The Nine Tails have no violations of the law and illegal acts, and the confession he obtained is true and valid." At the same time, it is impossible for the defendant to attend the court of Daimyo Castle, and it is impossible for him to change his confession. Moreover, in the first and second trials, there was no sign of retraction of the confession in the well. ”
Cao Yun asked, "Do you have an idea?"
Ouyang Yi said: "The first idea is that the underground home has been invaded and private property has been destroyed. In the case that the police are unable to protect the underground, it is reasonable for the underground to adopt a certain attitude and means of self-defense. This line of thinking depends on whether the jury can accept it. Our disadvantage is that we can't go to court, and we can't convince the jury if we don't speak. ”
Ouyang Yi said: "The second line of thought is simple and rude, questioning the interrogation work supervised by the Nine Tails in an all-round way. This is Cao Yun's area of expertise: surprise attacks. But the trouble is that in the third trial, the Nine-Tails had already defeated Lu Yihang on the issue of their own interrogation, and the Nine-Tails had the attitude and experience to deal with this issue, so there was no surprise attack. Once the case is deadlocked, the jury will not be on our side, even if we have a slight upper hand. "The credibility of the Eastern Tang Dynasty is very high, the nine tails have not violated the law, and the jury will definitely be inclined to the nine tails.
This is the tactic of stepping on the nine-tails proposed by Cao Yun. However, as Ouyang Yi said, this tactic should be based on surprise attacks. If you don't step on it, after turning over the hole cards, you can't step on the nine tails, and you can only die in the well. After the real three trials, the Nine-Tails must be prepared, and this trick is already difficult to work.
Ouyang Yi asked, "Cao Yun, do you have any ideas?"
Cao Yun replied: "I have some ideas, can I consider the basic knowledge of law under popular science." ”
Ouyang Yi smiled knowingly and dialed the phone: "Program team, are you sure that the witnesses can attend?"
The program team replied: "Sure, the witness will arrive in Damyo City tomorrow morning." ”
Ouyang Yi: "I need to talk to the witnesses and collect some clues." ”
Program team: "No problem. ”
Ouyang Yi hung up the phone and said, "Let's surprise first, and try to avoid going head-to-head with the Nine-Tails on her battlefield." ”
......
The criminal case, or the underground case, was reopened in the civil society. The inmates stand in the dock instead of the well. The jury sits in the bench. The two juries were separated by a screen and did not see each other. It's not a reality show anymore, it's more like a social investigation show.
After the prosecution explained the circumstances of the incident and the course of the incident, Sima Luo asked witness No. 1 to appear in court.
Witness No. 1 was the wife of the well. Nine-tails knew that Ouyang Yi and Cao Yun were going to open up a new battlefield again, but she didn't know what kind of treasure these two people were playing, so she asked witnesses before they could defend and explain.
Cao Yun: "Witness, what is the relationship between the well and you?"
Witness: "Husband and wife." ”
Cao Yun: "How many years?"
Witness: "Forty is almost fifty years." ”
Cao Yun: "Your family bought an electric cat before the crime?"
Witness: "Yes. ”
Cao Yun: "Your house was invaded, and the day after you broke your glass, you contacted your Dongtang children underground to buy electric cats?"
Witness: "Yes. ”
Cao Yun asked: "Have you ever used an electric cat in the mine?"
The witness replied: "Never, it seems that no one in Daewoo Island has ever used an electric cat." ”
Cao Yun asked, "Then why does the underground know about the electric cat?"
Witness: "My mother's home is on a nearby island, 60 kilometers away from Daewoo Island. We have a lot of mountain rats on our island and they are very ferocious. It has been a centuries-old tradition on my island to catch rats and make food, and electric cats appeared when I was a child, and they were all made by the islanders themselves. ”
Cao Yun: "In such a long history, there must have been a tragedy?"
The witness nodded: "It happened two or three times." More than 30 years ago, we had a meeting to set up warning signs and fences in the rat trapping area. No one died after that. ”
Cao Yun: "Now there is a very important question, does the underground know that electric cats will kill people?"
The witness shook his head: "He asked me if I would die?" I said no, and I laughed at him or as a teacher. ”
Linghu Tian'er wanted to question, and the nine-tails signaled that he was not in a hurry.
Cao Yun: "Why did you buy an electric cat?"
Witness: "I know that my family does not agree to sell the island, and if it blocks other people's financial routes, there will definitely be trouble." But I didn't expect the villagers to smash the glass of our house directly for so many years. I just wanted to stop them and not let them in. So I asked the old man to buy an electric cat. ”
Cao Yun asked, "Did you ask to buy an electric cat?"
Witness: "Yes. ”
Cao Yun: "Have you ever thought about dying people?"
Witness: "Thought. But is there any other way I can do it? The police can't protect us at all. ”
Cao Yun: "Wait, you asked the underground to buy electric cats, and the underground didn't know that electric cats would electrocute people?" Therefore, there will be no qualified safe operation protection.
Witness: "He doesn't know. How could he possibly know? As I just said, no one on Daewoo Island has electric cats. ”
Nine-tails raised his hand: "Haven't you lived in your mother's house in the well?"
Witness: "Yes. ”
Nine-tails said: "There is a channel to know." ”
Cao Yun: "Mine remembered the electric cat that I had heard people mention forty or fifty years ago? ”
Ouyang Yi added: "This is the case in this case, the underground did not know that the electric cat would cause the death of others, strictly speaking, the death of the ore is more like an accident. According to the on-site investigation, after the ore entered the backyard of the underground house, it slipped and fell......"
Nine-Tails: "Objection, the on-site investigation showed that the ore stepped on the power line, fell down after being electrocuted, and was electrocuted. ”
Ouyang Yi said: "The prosecution, please show evidence to show that it was electrocuted first, not slipped and fell first." ”
Kuao: "Here are the conclusions of the investigation by the director of the Daewoo Island Police Station at that time. ”
Ouyang Yi said: "Okay, now everyone knows very well that the underground doesn't know that the electric cat will electrocute people." When the police recorded the statement, they did not ask: who bought the electric cat. That's right, it was the underground and the child who contacted to buy the electric cat, but it was the underground wife, that is, the witness asked to buy the electric cat, not the electric cat that the underground asked to buy. ”
Ouyang Yi: "Now the question is more complicated, are the underground and his wife working together to kill people, or is the underground unintentionally hurting people?"
Nine-Tails: "I'm not here now, how can I ask?"
Cao Yun pulled the microphone: "Even if he is underground, he will say that he doesn't know that he will electrocute people." ”
Nine-Tails turned over his confession: "In the confession, Underground admitted that he knew that electric cats would cause the death of others. ”
Cao Yun replied: "Because the ore died, it was concluded that the electric cat would cause others to die. Well is an old teacher who loves his wife. After the ore died, he probably guessed that his wife was not telling him the truth. In order not to affect his wife, he took the charge off. In fact, the underground did not know the power of the electric cat, so it was extremely ridiculous to sentence the underground for intentional homicide. ”
Nine-Tails: "I ask for an adjournment, I need to investigate whether Daewoo Island really hasn't used an electric cat." ”
The housekeeper walked up to Sonny on the side and said, "Because of Lawyer Ouyang's needs, we contacted the Daewoo Island Police Station in the morning. The police at the police station questioned each household. The vast majority of people don't know there is such a thing as an electric cat until the ore dies. There are also a few people who know, but they can't describe the appearance of the electric cat, and some people even think it is an electrified robot cat. ”
The housekeeper said: "The real electric cat is similar to a barricade, pulling several rows of unclothed lines through, ranging in height from thirty to eighty centimeters. When the wires are electrified, the rats will faint or die for a long time when they touch them. When the mouse is electrocuted, the indicator light will light up, prompting the owner of the electric cat to collect the mouse. ”
Cao Yun interface: "At that time, the underground house also arranged warning lights, but unfortunately the underground had no experience in using them, and it was late at night, so it led to the tragedy." ”
Nine-Tails: "No one really knows about Daewoo Island?"
Butler: "It's true that no one understands electric cats. We contacted the Witness's maiden island. Almost every household has a homemade electric cat. Dried rats have changed from the original grain to the current flavor food, and it is very popular. People often go to the island to buy dried rats. ”
"Stand down. Sonny waved.
Butler: "......" obediently go down.
Cao Yundao: "After the arrest of the well, he was interrogated ten times in three days. During these ten interrogations, the underground insisted on not knowing that it would electrocute people for the first two days. On the third day, he suddenly changed his confession, saying that he knew that he would electrocut. In court, the prosecution only presented a confession that Mine admitted to knowing, but did not explain that Mine had denied knowing that he would electrocute someone during continuous interrogation. From this point of view, it is absolutely impossible for the underground to be an intentional homicide. ”
Cao Yun: "What I just said is logic, let's talk about human feelings." Don't the underground know the consequences of the ore being electrocuted by themselves? Not to mention that the law will not be investigated, how will the villagers of Daewoo Island think of an old teacher and his wife? They will say: They are not teachers, they are executioners. From any point of view, there is no possibility of intentional homicide underground. ”
Cao Yun looked at Ouyang Yi, Ouyang Yi stood up and took out a USB flash drive: "The program team is not well prepared, the time is insufficient, we only have one day." Within a day, we called the people of Daewoo Island, who now live in the city, and six of them were concerned about the underground case, and eight adults said that they could not believe that the underground would kill people after learning about the case. Not only them, but even the dead ore was a student underground. ”
Ouyang Yi: "The only evidence that convicts him of murder in the underground is that on the third day of interrogation, during the tenth interrogation, he admitted that he knew that the electric cat arranged in the backyard would invade his house and die. Because of this sentence, black and white are completely reversed. Can you believe the testimony of an old man who is nearly 70 years old and has been repeatedly interrogated when his biological clock needs to rest, and who has difficulty sleeping for three consecutive days?"
Ouyang Yi: "Let me ask, an old man with 40 years of teaching experience, in order to protect the environment and faith, he would rather offend the whole village. Would he kill his own students for a few pieces of glass? This case is completely illogical, and one of the reasons why he was finally sentenced to death was that the prosecutor, the prosecutor who supervised the case, used the biological clock interrogation method. One reason ......"
Cao Yun: "Ahem!"
Ouyang Yi said: "I'm done. ”
Nine-Tails stood up: "The basic norms of the law, the law does not prohibit it." First, the interrogation of the underground is in full compliance with laws and regulations. The second point is that he has been teaching for 40 years, but he is not respected by most people. The reason is that the teaching method in the underground is completely out of step with the times. In addition, if as the defense lawyer said, the underground should be very respected by the islanders. But in fact, there are quite a few islanders who speak ill of the well. The underground family has little contact with the islanders, and their children have become talented in big cities, boasting of being scholars, and when they interact with the islanders, they have a face that the whole world is drunk and I am sober. ”
Nine-Tails continued: "Back to this case, in the first, second, and third trials, the witness never said that the underground did not know the power of the electric cat, and did not know that the electric cat would electrocute people. According to my research, every summer vacation, Ishimo and his wife go to live on the island where his wife lives. The defense lawyer introduced the prevalence of electric cats on Niangjia Island, and on the other hand, said that the underground did not know the power of electric cats, which was obviously a contradiction. ”
Nine-tails said: "I also want to correct a statement of the defense lawyer." On the first day of the underground interrogation, the underground took an evasive attitude towards the question of whether he knew that the electric cat would electrocute people. The next day, the underground denied that he knew that the electric cat would electrocute people, and under the questioning of the police, the underground insisted that he did not know that the electric cat would electrocute people. On the third day, after Inoshito confessed that he knew the power of the electric cat, he said that he didn't think about it so much at the time, and he said that his house was invaded, which made him very annoyed and angry. ”
Nine-Tails: "Defense lawyer, please see the transcript of the second interrogation in the evidence." During the interrogation, Inoshi instead questioned the police, who he believed should hold accountable those who broke into his home, not his own legal responsibility. At that time, he also thought that he deserved to arrange an electric cat at home, and someone broke into the electrocution. It wasn't until the police explained the legal relationship to him that he still didn't believe it. That is to say, subconsciously, the well thinks that because the other party maliciously invaded first, he was electrocuted without legal responsibility. Thank you. ”
Ouyang Yi whispered: "Sure enough, he is an expert in positional warfare. ”