Chapter 320: Take Sides

At five o'clock in the afternoon, Cao Yun and Wei Jun were looking at materials, not only on the computer, but also on paper copies sent by the cruise attendant. It can be seen that the detective in charge of the Third Search Division still attaches great importance to this case, and the transcript he made is very detailed, and he checked the interrogation video provided by the computer, almost word for word.

Wei Jun: "They invited a real judge to decide the case this time?"

Cao Yun: "It's not something we care about, how about it?"

Wei Jun said: "Miss Wang has several disadvantages: one is a criminal record, and the second is that Miss Wang concealed her experience of working in Xiaofa Group when she joined the company, and concealed her previous criminal record. The third is the policeman, the tenant next door said that he heard the cry for help, if what Miss Wang said was true, she could not have called for help in the whole situation. If what Sun said was true, it was logical that Miss Wang called for help to coerce Sun Di when the two sides did not negotiate because of money afterwards. The fourth disadvantage, according to the communication records, was that Miss Wang called Sun Di, not Sun Di to call her. ”

Cao Yun said: "Each one can have an explanation, what about your intuition? Do you intuitively think who is telling the truth?"

Wei Jun said: "I don't know, you can't have preconceived views just because you have a criminal record, and you can't look at Sun Di with alternative eyes just because he is a rich man." The prosecution appears to be at fault in this case. ”

Cao Yun said: "Does the prosecution persuade or coerce to admit guilt? If Miss Wang has no problem, why should she admit guilt? Is she afraid of going to court? If the prosecution has ironclad evidence, why should she let Miss Wang confess, and why can't she directly charge?"

Wei Jun asked, "Lawyer Cao, which side are you on?"

Cao Yun looked at the three questions on the computer and thought for a long time: "We are on the winning side." ”

Wei Jun asked, "Who will win?"

Cao Yun said: "To be honest, I still can't understand it. Blaze usually picks controversial cases, but Blaze also has the truth or the cards that are close to the truth. If I'm not mistaken, the prosecutor may have disappeared by now to coincide with Blaze's campaign. ”

Wei Jun: "You must choose your own camp before twelve o'clock in the evening." ”

Cao Yun asked, "Have you ever heard of indiscriminate refill?"

"How?"

Cao Yun said: "Let's make up the numbers for the time being, and we can earn a little." ”

Wei Jun smiled bitterly: "But do you know which side can make money?"

Cao Yun said: "Nangong Tengfei and Ouyang Yi, especially Nangong Tengfei, this old fox definitely wants to win, he should follow Ouyang Yi." We will follow Nangong to take off. Let's talk about dinner, you find a chance to talk to Hu Yanping and gather as much information as you can. If there is a chance, I can check Nangong Tengfei and Ouyang Yi to death, and I am also very happy. ”

……

The first topic to be faced first is whether the prosecution has enough evidence to sue Miss Wang for extortion? This topic is analyzed purely from the perspective of physical evidence and human evidence, and the technical content is relatively high, and the elements of court defense are small. This hurdle is a test of the level of physical evidence analysis of lawyers and prosecutors.

You can call me ugly, but you can't call me stupid. There is no way to hide the ugliness, so I have to admit it. Stupidity is controversial. The first topic is the subject of assessing the basic ability of judicial personnel, and if you lose this question, you will not be able to save face.

Although Cao Yun said that he followed Ouyang Yi and Nangong Tengfei and wanted to make up for it, the people who could participate in this defense meeting were all lawyers with heads and faces, and everyone was in the same class and the same class, and it was time for the exam. You have to be willing to ask, and others are willing to answer you, but are you too embarrassed to ask?

Cao Yun is proud of his profession in his heart, and the guests can succeed and have a certain pride in their professional field. This pride has led to a situation in which it is better to die in battle than to survive.

At the buffet dinner, everyone was polite and communicated, but no one seriously talked about the case and evidence. The dinner ended sooner than everyone expected, and after a little exchange and filling, everyone went back to their rooms to prepare for tomorrow's defense.

Cao Yun: "Logically speaking, if the prosecution lacks evidence, then it will not let Miss Wang choose one or the other. On the other hand, is it possible for the prosecution to blackmail Miss Wang? What was the situation of Miss Wang's lawyer, Hu Yanping, at that time? There are still many unresolved questions in this case, and it is logically impossible to analyze. At present, the only one who can really stand on the right team is Huyanping. ”

Wei Jun: "What about He Ying? He Ying accompanied Sun Di throughout the process. ”

Cao Yun said: "He Ying has a position, no matter how the case changes, he must stand on his side." This time it's a battle of evidence. Ms. Wang's advantage is that she is the defendant. Repeat Miss Wang's disadvantage. ”

"Antecedents, concealment of criminal convictions, informants. Wei Jun said: "The most critical one is that Miss Wang will go to room 1303 after contacting Sun Di." It wasn't Sun Di who contacted Miss Wang to go to room 1303. There is indeed a need for work, but Miss Wang can choose to see Sun Di in the afternoon or tomorrow, but Miss Wang chooses to go to Sun Di during her lunch break. ”

Cao Yun said: "On the other hand, what is Sun Di's identity? During the lunch break, he actually agreed to Miss Wang to disturb him. No, no, Miss Wang, as a person who has concealed her criminal record, should be very bold, but she should not know Sun Di's character and personality. Compared to Miss Wang, Sun Di is more abnormal...... However, now is not the time to pursue the truth, it is time to take sides. Cao Yun looked at the time, it was already a quarter past eight.

Cao Yun relied on his bed to read the first transcript of the two sides, and Sun said in an orderly manner, avoiding all kinds of minefields, obviously He Ying arrived at the scene for the first time, and it was appropriate for him to give him face-to-face teaching. Sun Di must have ghosts, but now Sun Di is a good guy and a bad guy is not a debate topic. Looking at Miss Wang's transcript again, at lunchtime, the deputy manager of the administration department asked her to hand over a subsidiary report to the board of directors for review. Miss Wang asked, and the deputy manager said that Sun Di had been stationed in the company recently, but he was busy at work. So Miss Wang asked the assistant manager if she could go to Sun Di if she had no arrangements after lunch? The deputy manager was noncommittal and asked Miss Wang to call Sun Di's personal assistant first.

Called Sun Di's personal assistant, the personal assistant said that he was outside, Sun Di had just returned to the hotel, and he should not have rested. Miss Wang contacted Sun Di directly, and Sun Di asked Miss Wang to come over. So Miss Wang passed. Several circumstantial evidence proved that Miss Wang was telling the truth.

The key point is what happened in the guest room.

Sun Di: After Miss Wang gave me the materials, she approached me to explain the physical contact report. I didn't resist the temptation, and I had an in-depth discussion with Miss Wang on emotional issues. After the incident, Miss Wang asked for a million, but she refused and pushed Miss Wang, Miss Wang shouted for help and told her to shut up. I didn't expect the police to come, and I originally planned to give some money to settle this matter.

Miss Wang: After the materials were delivered, Sun Di hugged me and struggled to shout for help. Sun Di held me down and promised to promote himself to the position of deputy head of the administrative secretariat of the administration department, and finally he gave in.

According to the legal definition, if what Miss Wang said is true, then Sun Di is suspected of being a tip of the wall. There is no legal charge of 'right shoulder', and the act of right shoulder is one of the top of the wall.

Cao Yun: "Whether it's Sun Di or Miss Wang, whoever is telling the truth, if it hadn't alarmed the tenant next door, this matter would not have happened." Because of the police involvement, the two sides began to defend their positions. From the perspective of interests, there is no need for Miss Wang to bite Sun Di, it is necessary for Sun Di to bite Miss Wang. Let's sort out the reasons for the prosecution's allegations. ”

Wei Jun also learned from Cao Yun to lie on his bed, holding the information and said: "There is a recidivist with a criminal record, and the police listed Miss Wang as a suspect, and when they were interrogated, Miss Wang's statement was not the same as the first record. According to Miss Wang's first record, Sun Di suddenly hugged herself, and the interrogation statement was: Sun Di browsed the report, asked some questions, and leaned close to Sun Di to hug her. When the police questioned about the inconsistency between the confession and the transcript, Ms. Wang said that she could not remember the details of the time, and only remembered that she was suddenly hugged. ”

Wei Jun: "The police asked, if Sun Di is willing to go private now and promote you to supervisor, will you sue him?" Miss Wang replied: I don't know. The police asked: If there is a certain benefit, are you still willing? Miss Wang replied: Everyone has a price. The police asked: How much do you think it should be? Miss Wang replied: Sun Di is going to be private, and he will get at least one million. ”

Cao Yun was surprised to turn to this confession, looked at it for a while, and said, "This is an inducement confession." This confession shows that Miss Wang can be bribed with 1 million, which contradicts Sun Di's testimony...... Interesting. ”

"How?"

Cao Yun said: "I think both of them are lying, Sun Di didn't promise to give Miss Wang benefits, but Sun Di should take the initiative to ask for a heart-to-heart talk." Miss Wang had illusions and didn't resist much. There are also some secondary interrogations, and I haven't read the materials of the three interrogations, and if I guess correctly, Miss Wang will have a lot of inconsistencies on this issue. This should be the trump card of the prosecution. Hu Yanping only intervened in the middle and late stages, and after watching the video and transcripts of Miss Wang's several interrogations, he suggested that Miss Wang confess. On the other hand, He Ying should have communicated with the prosecution, and the victim Sun Di did not want to make a big deal out of it. That's why the prosecutor asked Ms. Wong whether she pleaded guilty. ”

There is a lot of material, and each interrogation lasts at least half an hour. Experienced police officers don't always focus on asking questions, they ask questions that are inexplicable to the person being interrogated, interspersed with core questions. This is a part of the psychology of interrogation, and many suspects will rehearse in their hearts before being interrogated, analyzing and telling themselves what not to say.

Under Cao Yun's explanation, Wei Jun discarded other materials and specifically compared several interrogation confessions and transcripts, and sure enough, he found many problems. For example, the police asked, did you think about what would happen before you went to the young man's room alone? Confession A: I've definitely thought about it, and I'm not going to suffer anyway. Confession B: Some scared, some expectant, and it feels quite exciting.

Police: Did you push Sun Di away at the first time?

Miss Wang's Transcript: Yes. Confession A: After hesitating, I pushed it away. Confession B: I didn't push because I had too little strength. Confession C: He just pulled me down.

Police: Did you shout for help before or after the heart-to-heart talk?

Miss Wang's transcript: Before the heart-to-heart talk. Confession AB: After the heart-to-heart talk, he pushed me. Confession C: Did I cry for help?

Wei Jun: "No, lawyer Cao, the police arrived at the guest room in about four minutes, if they shouted for help before the heart-to-heart talk, they should still be talking when the police arrived." ”

Cao Yun thought for a while: "Maybe Sun Di will be soon? Shout for help, talk heart-to-heart, end, quarrel, push, and the police arrive." ”

Wei Jun: "One minute?"

Cao Yun said: "Ghost knows, anyway, you just remember it, it may be before the heart-to-heart talk, or it may be after the heart-to-heart talk." didn't say it, standing in line with the prosecution, with Miss Wang's criminal record and flawed testimony, Miss Wang could be sued in court. The prosecutor questioned Ms. Wong in court that on many important questions and details, Ms. Wong's answers would violate her own records and confessions. The prosecution's back-and-forth questioning led to the emergence of corroborative evidence, and there is a high probability that Miss Wang will be convicted. ”

Probative evidence means that the preponderance of evidence accumulates to a certain extent, and the quantitative change turns into a qualitative change. Just like the case of Ye Lan being framed at the airport, Cao Yun exposed the lies of the framers again and again through questioning. The more and more lies are told by the framers, which leads to an eventual qualitative change, and the judges who are otherwise impartial also express their attitude and openly express serious skepticism about the testimony and character of the framers.

Ms. Wang was in the same situation, as her confession transcripts were almost inconsistent in important details, and it was difficult for Ms. Wang to resist the bombardment of questions from the prosecution in court.

In jurisprudence, a criminal case is innocent if the evidence is insufficient, and probable evidence is a special subjective evidence. It is also the reason why in the common law system the lawyer will make the defendant dress neatly, a clean and tidy person is always more subjectively persuasive.

The question is, why are there inconsistencies in Miss Wang's confession and transcripts? Actually, it is quite normal, I picked up 100 yuan and went to find the owner, and I can say openly: I am good at collecting money. If you can't find the owner, will you leave the money? Honestly, yes. Do you want to find the owner? Wei Guangzheng: Hope. Selfishness: Hope and don't want, don't know. People's words and deeds are often inconsistent, reason controls thinking, and some things and thoughts cannot be revealed and expressed. However, after the transcript was transferred to interrogation, due to changes in the environment and pressure, Ms. Wang's thinking may be out of the control of reason, or her mind may make wrong judgments.

The most important thing is that Miss Wang did not have countless evolutions in her mind, so she thought differently as a victim and as a suspect because of her different identities. Memory blurring also appears on the dynamic details. Not to mention whether she remembers the circumstances at the time of the incident, she may not be able to remember what she said when she recorded it.

The core reason is the transformation of the identity of the victim to the suspect. Coupled with the increase in the number of interrogations, Ms. Wang's anxiety deepened, resulting in a transcript and a large amount of contradictory information in the confessions of the three interrogations.

Cao Yun thought that if it was Miss Wang's lawyer, the case could be overturned, but it was okay, but he was not sure. Under this analysis and inference, Cao Yun placed an order at eleven o'clock and sided with the prosecution. He believes that the prosecution has sufficient evidence to sue Ms Wong for extortion.

ps: Don't raise books anymore, the lack of chapters will become more and more serious. This shrimp does not know the standard of shielding and has no ability to rescue. Every day, I go into the writer's backstage to post articles, like burglary, and open it carefully, for fear that the notification is flashing.