Chapter 104 Appeals and Counter-Appeals
There is no jury in small cases, and the final decision is still made by the judge. Both the prosecution and the defense can appeal against the ruling. Cao Yun is not afraid of the prosecution's appeal, because the attitude of the three young people is already very clear. Zhao Shao admitted to planting, and did not pull Lin Shao and Ma Yu into the water. Lin Shao must borrow the east wind. As long as the three of them are together, the prosecution will not be able to produce substantial new evidence in the second trial.
There are many differences in the rules between the second instance and the first instance, for example, A hit B, and the judge of the first instance found A guilty of assault and sentenced him to one year in prison. If A pleads guilty to the crime of injury and appeals, if A does not have new evidence in the second instance, it is equivalent to changing judges to decide the same case, and the judge of the second instance will inevitably find A guilty. If A appeals on the grounds that the sentence is too severe, the judge of the second instance may reduce the sentence even if there is no new evidence.
I have seen a news published by the media, an old-fashioned top student, who was convicted for three years and sentenced to ten years after disagreeing with the appeal. This is typical of spoofing news, writing a story and taking advantage of people's mindset to trick clicks. Xiaobian doesn't even have basic legal knowledge, and it is a principle not to increase the sentence in the second instance. However, if the prosecution appeals or counter-appeals, the defendant may increase the sentence.
In addition, it is necessary to distinguish the difference between appeal and counter-appeal, prosecutor Wang Lei is unlikely to overturn the case in the first instance, if Wang Lei has experience, he will not appeal in court, but will raise a prosecutor's protest in court or at that time.
An appeal is what is said above, but a counter-appeal is not. A protest is the prosecution's belief that the trial judge's ruling was wrong, and the prosecution's belief that the judge made an error in judgment and made a mistake in his business before the current evidence. The procedure is relatively complex. After Wang Lei returns, a certain number of prosecutors must analyze the case, and if they believe that there are problems in the trial, they will issue a protest and submit it to the court of first instance. The protest has no impact on the second instance. The purpose of the protest was for the prosecution to have the case reopened in the court of first instance. Whether or not the court of first instance accepts the protest also requires analysis and understanding of the counter-appeal and the case. Assuming that the court of first instance eventually accepts the protest, the court of first instance will change the judge and retry the same case.
The judge ultimately ruled that Ma Yu was not guilty of perjury.
The judge and everyone look at Wang Lei, now it is the prosecutor's sore, Wang Lei can not raise a protest or appeal in court, but he must show that he will not give up the protest and appeal. Complete the required formalities within 10 days.
Cao Yun is not worried about Wang Lei's appeal, only worried about Wang Lei's protest", the article explains that if the protest is successful, the case will be retried, which may cause a different verdict. Since it is difficult for Wang Lei to produce new and strong evidence, there is no point in appealing.
The prosecutor's protest is a relatively serious situation, not that Wang Lei alone does not agree, but that the prosecution does not agree. The prosecution will inevitably use a lot of resources to investigate this case, and Cao Yun can't guess how things will develop. However, if the prosecutor protests a case that has no social influence and the crime is minor, he will lose his status as a prosecutor.
Is it necessary to stumble? This is a question that Wang Lei considers. Wang Lei is not stupid, he knows that he must not protest, otherwise the entire prosecution will be dragged into the case. After he appealed, according to the procedure, the prosecution must set up a special case team to analyze and judge the case. An appeal is much weaker than a protest, and the appeal means that Ma Yu's guilty plea at the trial of the wall-tip case is invalid, because the judge of the first instance has already determined this. Once this premise is in place, the prosecution will not be able to fight in the second trial.
In the end, Wang Lei said: "The prosecution reserves the right to appeal. "It's a set.
The judge explained the rules for appeal within 10 days and then dismissed the court.
It is not the judicial system, and Ma Yuan's understanding of the prosecution's reservation of the right to appeal is different from Cao Yun's. In Ma Yuan's opinion, the case is not over yet, and it will take ten days to know whether it will be over, and Nohara called and expressed his gratitude to Cao Yun, and did not say that the case ended here. Cao Yun understood Ma Yuan's worries and said that he would continue to follow up on the case and would not be negligent.
According to the trial cases of Gao Yan and Dongtang, the prosecution did not appeal in court, and the chances of an appeal within 10 days are extremely small. Unless the Chaoyang public, who have a grudge against the defendant, provides new evidence to the prosecution, they will generally not appeal.
Since the prosecution did not say no appeal, Ma Yu could not leave the detention center. These are new, after all, Ma Yu actually committed perjury, and it is also useful to endure hardships.
Today is the end of the first trial of Ma Yu's case, because the trial took too long, and no more verdicts were pronounced on Lin Shao and Zhao Shao. However, the development of the situation is basically impossible to run away, the next time the court is held, Ma Yu will attend as a witness, Lin Shao will definitely turn the tables, Zhao Shao is a good person to the end, send the two brothers ashore, and the judge will also announce Zhao Shao's sentence.
Assuming that the next court session will be held, Zhao Shao will turn against the water, will that have an impact on Ma Yu?
Of course, there is an impact, and the prosecution is equivalent to having new reversible evidence, and must file a protest. In the event of such new evidence, the court of first instance will inevitably accept the protest and retry the Ma Yu case.
Variables are always there. Cao Yun was delicate, and the next day he visited Ma Yu in the detention center again to improve his testimony about the current situation. Cao Yun is accustomed to thinking of the worst, the worst he can't handleβ₯ he thinks of the worst. If you can deal with several of the bad situations yourself, you must start arranging them in advance. It's a good habit to spend a little more time and effort on everything. Grinding guns in battle, you can only take the exam, and you will die ugly in actual combat.
After many days of hard work, you can finally take a break, and this is the advantage of an elite lawyer. Don't have another case piled up before it's over. Cao Yun has seen lawyers who take on five cases at a time at Tianma Law Firm, and he only sleeps four times a day. He lived like this for a long time, and finally passed away.
Yes, there are some car accidents, not you can avoid them if you want to, especially when the road is blocked on the highway, and there is a big truck that can't stop the lawyer After the memorial service, Lu Qun said to Cao Yun that he had earned a lot of time for himself.
Cao Yun likes to be quiet, especially after working for days and his brain does not stop turning, he likes to be alone. Or look at the horizon, or watch the animals play in the park, or even look at the computer screen alone in a noisy Internet cafΓ©.
Cao Yun held his chin with one hand and a mouse in the other, playing the classic game of minesweeper.
Playing and playing, the mouse moved, and Cao Yun used to smash it with the mouse. According to Cao Yun's computer knowledge, 90's computer problems can be solved by shutting down and restarting. The problem of 90 mouse can be solved by smashing the mouse, and there are 10 problems that can be changed to a new mouse and a new computer.
After a while, Cao Yun knew that something was wrong, he was not a rookie, and he knew that some computers were basically used. At the moment, it seems that someone is remotely controlling their own computer. This is not a black technology, there is a remote assistance function in the computer, send an application, the other party can control your computer, can do not much.
What the heck?
Cao Yun looked at the mouse and clicked on the C disk and E disk. I can't think of it.,Brother's computer is empty.,Empty to the point that there's only the system game empty' wrong.,Except for the system.,There's no software installed on this machine.γ Because this is a personal computer that the lawyer added to Cao Yun's room, only the computer with the system installed.
The other party seems to be very crazy, looking everywhere in the C drive, and opening the search command to find documents?
When Cao Yun couldn't understand, the computer began to install a software, Cao Yun did not install any download software, and the other party could only use the IE browser to download, which was extremely slow. Cao Yun watched as 1,299 reached out and turned off the computer.
Who is this guy? No matter who it is, he can't get his wish anyway.
Cao Yun didn't know that in a far away place, a manly man directly smashed the monitor.
Then more strange things happened, since the computer was turned off, I played on the mobile phone n bed to watch the mobile phone news, and then the mobile phone had a problem, and began to flash the machine Cao Yun used Apple, Apple has a huge flaw, without flashing, it is impossible to install software without Apple's consent. Cao Yun waited, waited, waited, post-95, plugged the process. The other party started flashing again, 1,295, Cao Yun ended the process.
Who is such an idiot? Cao Yun is actually addicted to playing, which is much more interesting than minesweeping. I didn't do anything else for one night, just play 95. The other party is super patient, and every time the process is terminated, it starts flashing again.
Cao Yun is inexplicable, since you know the IP of my computer, since you know my mobile phone number, since you know that I know that you are messing around, won't you make a call?
Finally at around eleven o'clock, Cao Yun defeated the other party, Cao Yun stupidly looked at the screen for five minutes, and saw that the other party had indeed surrendered, so he turned off his mobile phone and went to sleep. Tonight was a bit more fulfilling.
At 11:10, Gao Shan Xing knocked on the door, and took the mobile phone to Cao Yun with sleepy eyes, and before Cao Yun could speak, Gao Shan Xing sat on the sofa and fell asleep.
Cao Yun looked at the phone, it was a dialog box, and it would vibrate, and the dialog box was in English: Give the phone to Cao Yun.
Wow, I really didn't expect this method.
Cao Yun admired the other party's perseverance and typed back: "I am Cao Yun." β
The other party: "If winter comes, will spring be far away?"
Cao Yun replied: "Neurotic, sooner or later it will run away in spring." "I hate this lyrical genre the most, when you get to spring, will summer be far away? This kind of illogical is either a bosom friend or a poem's fault, this poem is a poem written by a British poet, and it is also a code word for the Allies, commonly known as the safety code.
Other: "I know you're an ally. Not only that, but I also know that there are three Allied armies, three Soviet armies, and four German armies in World War II games. β
Cao Yun: "Don't you know history? The Soviet army belongs to the Allied forces. β
The other party: "Don't pretend to be stupid, I know that you are an ally, and I also know that you are in Dongtang." The expedition and the camera are fighting in the Eastern Tang Dynasty, and I can't reach it, so you can use it, and I can be your strongest backup. β
Is what Xiao Guo said true, is there really a league? Cao Yun has 10,000 questions to ask, but Cao Yun can't ask a single question.
Cao Yun sat on the sofa and woke up Gao Shan Xing: "Who is this stupid bird?" Since you are Menghei, you will definitely be able to hear our conversation.
Gao Shan Xing barely opened her eyes, and the screen was so bright: "I don't know." "I closed my eyes again.
Cao Yun replied: "The lens, do you know the lens?" was almost exposed, the lens itself was known, and he couldn't pretend to be stupid.
Other: "Yes." β
Cao Yun: "What's going on with Officer Guo's case? Are you the Allied hacker that Xiao Guo said?"
The other party didn't reply, and after a while, the phone began to uninstall the conversation software, and then it was gone. Cao Yun wondered in his heart: Menghei may know that I am a ten-person battalion, no, Menghei is not sure why he would blackmail himself? The most likely is a hyena, and the hyena has doubted himself because of the Sansan computer incident.
Having said that, judging from the current situation, what Xiao Guo said is likely to be true. Does that mean that Zhao Xue lied? Or were both of them framed? Or did the camera play everyone?
Well, there are still so many puzzles.
Cao Yun is not worried at all, assuming that Menghei is blackmailing himself, he failed, and Menghei's attitude can be seen from the deletion of the software. Assuming that Menghei really knows his identity, then he will still find a way to contact him, and he doesn't have to worry about him betraying himself.
Xiao Guo's case is a little wrong, Yue Sanchi contacted herself and said that she had already contacted the hyena supervisor Forkβ΅ Fork is a member of the ten-person battalion, why is there no Fork and hyena in the four-person game of Xiao Guo, Camera, Zhao Xue, and Expedition?
Is it Bai Su's revenge?
This belongs to the sadness of the chess pieces, the chess player will never tell the chess piece the role in the chess game β· black, if it is really an allied hacker, it seems that with a touch no, you can't reveal your identity because of your curiosity.
At noon the next day, Cao Yun received a call from Li Long, and Li Long said: "I don't need to tell you, Lin Luo is now in the Special Care Department of the First Hospital. β
Cao Yun was shocked and asked, "What's the situation?"
Li Long said: "At about 11 o'clock the night before yesterday, the patrol police were patrolling near the northern suburbs and found a car parked on the side of the road. When I went to check, I found that the forest in the car was covered in blood. Sent to the hospital for rescue, the doctor said that Lin Luo had two wounds"
"Huh?"
Li Long hesitated for a long time and said: "Both places are gunshot wounds, and a bullet hit the abdomen and came out of the body. Another bullet hit the thigh, causing excessive blood loss and falling into shock. According to our investigation, we believe that Lin Luo drove the car for at least 10 kilometers and finally pulled over before he fell unconscious. β
Li Long said: "I was out of danger this morning and is currently in the Special Care Department. Because Lin Luozhong was a gunshot wound, the prosecution suspected that it was related to the camera case and had already taken over the case. β
"Thank you. Cao Yun hung up the phone, feeling very strange in his heart. The prosecution took over Lin Luo, why did Li Long, as the deputy chief of the police, still tell him the news? Unlike the Xiao Guo case, in the Xiao Guo case, Li Long wanted Cao Yun to intervene in the case as a lawyer. Lin Luo was injured, why did Li Long violate discipline? Is it because he is handsome?
Cao Yun called Sima Luo: "Sima Guan, how are you doing?"
Sima Luo: "Very good. β
Cao Yun: "I want to visit my ex-girlfriend in the hospital. β
Sima Luo: "No. He didn't want to ask Cao Yun how he knew that Lin was in the hospital.
Cao Yun: "You're boring like this. β
"Cao Yun, I'm very busy now, okay for another day?" Hearing it, Sima Luo's words were full of exhaustion.
Cao Yun smiled and said, "If you are not willing to give convenience, I will make you busier." β
"Xiao Liu, you tell him to take him to meet someone. Sima Luo was too lazy to talk to Cao Yun and gave the phone to his subordinates, he was really afraid that Cao Yun would be mischievous.