Chapter 309: The Case of Bai Menglou (Medium)
Cao Yun said: "The strategy is here, now it is the battlefield, and the most critical battlefield is how to prove that Bai Menglou signaled Wang Hu to attack Ye Le." First of all, the question is whether Wang Hu can bear the problem. Now I am Ouyang Yi and you are Wang Hu. ”
Cao Yun said: "Wang Hu, you said that Bai Menglou instructed you to attack Ye Le, did you explain what items or weapons you wanted to use to attack?"
Sima Luo thought for a while: "He said to give her some color to see." ”
Cao Yun: "What do you think of color?"
Sima Luo was stunned: "Let her be afraid." ”
Cao Yun said: "Do you think that using makeup remover can make Ye Le scared? Or do you think Ye Le went out for a morning run after putting on makeup?"
Sima Luo: "This ...... How to answer?"
Cao Yun said: "I want to see Wang Hu." Sima Luo is used to being the prosecution, and it is difficult for him to substitute for the defense.
Sima Luo: "How do I feel a little framed." ”
Cao Yun said: "It's not a frame-in, I have to let Wang Hu sort it out and think about the details." Ouyang Yi will definitely start from the details and chase Wang Hu fiercely. Ouyang Yi's purpose was to reverse his subjective will: Wang Hu misunderstood Bai Menglou's meaning and caused him to attack Ye Le. As a lawyer, I am well aware of this means. ”
Sima Luo: "But you are not qualified to see Wang Hu." ”
Cao Yun said: "Wang Hu's assault charges are irrefutable, biting Bai Menglou to death can allow the judge to agree with his guilty plea, and distinguish the difference from the first offender, theoretically speaking, at least a few years less in prison." I can talk to Wang Hu's lawyer. ”
Sima Luo: "You...... Really took the money. ”
Cao Yun Zhengse said: "Sima, I am also a well-known man, and my heart is full of blood and justice. Now an innocent girl suffers ......"
"You took the money. Sima Luo sighed. Once Cao Yun starts to talk nonsense, it is equivalent to confession.
"Hmm...... How do you say that?" Cao Yun said: "You can think on the bright side. ”
Sima Luo asked, "You tell me, was Bai Menglou wronged?"
Cao Yundao: "The dash cam is ironclad evidence, and the technicians have confirmed this. If you want to say that Bai Menglou is innocent, I don't believe it. But if you want to say that Bai Menglou would use such a stupid Wang Hu to splash makeup remover on Ye Le, I don't believe it. In my opinion, the biggest possibility is that Bai Menglou asked Wang Hu to do one thing, and Wang Hu often helped Bai Menglou do similar things. This time Wang Hu quit, or Wang Hu had other ideas, so Wang Hu did not hide from the camera. Sima, I think it's too difficult for you to get to the bottom of this case. It is better to perform their duties and concentrate on their own work. Whether it's because of blood, justice, or money, I will definitely help you nail Bai Menglou. You don't care why I'm doing this...... Or...... Or ......"
"Or?" Sima Luo asked.
Cao Yun said: "Or you can explain to Yue Sanchi, you think the case seems to be a little strange, look at ......"
"Senior sister?" Sima Luo wanted to cry without tears, he didn't know how to cross the three feet. Hearing this, Yue Sanchi has the same position as Cao Yun. Sima Luo thought about it and was a little surprised: "Could it be ......?"
Cao Yun said: "I don't know, the pit is very deep, and I don't plan to jump down." Besides, Sima, you are a prosecutor, and now the evidence is here, there are people with physical evidence, but you make negative accusations because of your subjective thoughts, do you think you are worthy of your salary?"
Sima Luo sighed again: "I know, I know that your lawyer can speak." I really hate myself for standing still?"
Cao Yun said: "You think too little, how can you still have the energy to think about such a large amount of paperwork? You should make reasonable use of your subordinates." ”
Sima Luo replied: "I am now a full-time prosecutor, a person who specializes in prosecuting others, and no one wants to be a subordinate of the prosecutor. The main reason is that there is a shortage of prosecutors. As you said, paperwork, it's annoying. ”
Cao Yundao: "Looking for some young people?"
Sima Luo said: "To enter the inspection system, you need not only a university degree, but also three years of judicial work experience. "Judicial work experience, including police officers, lawyers. Anyone who enters the procuratorial system after three years of work is reluctant to be a subordinate of a prosecutor.
Cao Yun: "You are also a prosecutor, so you can file a few cases." ”
"Can a case be filed casually? We are all public servants who are filing and investigating. ”
Cao Yun said: "I don't know how to say it, I also think that your level is stagnant." In this case, you didn't even think about understanding it from a lawyer's point of view...... That's right, that's right, you...... Should go to a law firm for a while, not here. ”
"What do you mean? Your lawyer's cleaner has resigned?"
Cao Yun laughed: "No, I think you can't take over the next case immediately after the end of one case." There are defense lawyers in every case, and they provide a lot of information, and if you can learn from them, you will definitely have a bright future. ”
Sima Luo nodded, that's right, he has three or four cases every day, and when one case is over, he immediately devotes himself to the other case. Whether the criminal is guilty or not is the judge's decision, just do your best. But in this way, there is no way to calm down and think and absorb the experience of the trial. In the end, it became more and more proficient in paperwork, sorting out clues, and writing prosecution letters, one by one. When I met an ordinary lawyer, I was very high-end. But if you bump into famous lawyers like Cao Yun and even Ouyang Yi, it will be miserable.
Cao Yun asked, "When will it be the first trial?"
Sima Luo said: "Five days later." ”
......
Wang Hu and Bai Menglou were tried in the same case, and at the preliminary trial, Wang Hu admitted his charges and explained that everything was instigated by Bai Menglou. Prosecutors said Mr. Wang had handed over important evidence. The judge admitted that Wang Hu pleaded guilty. Unless it is later proven that Wang Hu lied, Wang Hu will be given a light sentence.
Hu Yanping, one of Bai Menglou's lawyers, denied the accusation against Bai Menglou on behalf of Bai Menglou. In view of this, the judge held that it was more appropriate for Wang Hu to attend the trial as the main witness.
Wang Hu is not only the main witness, but actually the only witness. After the first trial began, no one paid attention to the facts of Wang Hu's crime, no one questioned it, and the focus of the dispute between the prosecution and the defense was the relationship between Bai Menglou and Wang Hu.
Although facing a team of lawyers composed of six barristers, although Ouyang Yi, who is known for his highest record of criminal innocence defense, was on the defense bench, Sima Luo did not have stage fright at all, and took his only younger brother Wang Lei to face the battle. Of course, he has an earpiece earbud in his left ear. Cao Yun sat in the corner of the hearing seat, put on a windbreaker, and pulled up the collar so that he could speak in real time. The case attracted a lot of attention, and the hearing table was almost full.
Soon entered the main link, the questioning of the only witness, Wang Hu.
The prosecution used a single method, asking questions to make Wang Hu re-tell his confession.
Sima Luo sat down, the judge asked the defense to ask questions, to Cao Yun's surprise, Ouyang Yi did not stand up, and Xuanyuan Fa, the chief lawyer of the Oriental Group, stepped forward in person.
This......
Xuanyuan had no experience in defending a case, and even when he was a prosecutor, he had never heard of being a prosecutor in a case. Xuanyuan Fa is closer to Situ Yan in judicial work, Situ Yan is more down-to-earth, and he understands ordinary society better. Xuanyuan Law is more aware of the introduction and repeal of laws and regulations. Although Xuanyuan Law is the leading lawyer of the East, he will definitely not be a good defense lawyer.
Somewhat contrary to Cao Yun's opinion, the media, business people, etc., couldn't help but exclaim when they saw Xuanyuan Fa coming out in person. Xuanyuan Fa can be regarded as a legendary figure in the Eastern Tang Dynasty. In his decades of work experience in the Supreme People's Procuratorate and the Supreme People's Court, he has done a lot of things. In the face of the exclamation, Xuanyuan Fa was also full of confidence.
But the first question, Xuanyuan Law deducted points.
Xuanyuan Fa: "Witness, how long have you known Bai Menglou?" ", how long do you care if Wang Hu knows Bai Menglou, you have to care whether Wang Hu knows Bai Menglou or not."
As soon as Xuanyuan finished speaking, he knew that the language organization was wrong, and he planned to slowly cut to the point through simple questions. He thinks a lot about the important issues and ignores the simple ones.
Wang Hu: "How long do you mean: how long have you known this person, or how long have we known each other? What is the definition of acquaintance?
When Ouyang Yi in the defense seat heard this, he immediately became nervous, and leaned sideways in Hu Yanping's ear and said, "It seems that there is trouble, can you let him withdraw." ”
Hu Yanping: "What's wrong?"
Ouyang Yi: "There is an obvious lawyer's tone in Wang Hu's words, and I suspect that Wang Hu has undergone trial drills. "A trial drill is a rehearsal of an important witness by the prosecutor, and the prosecutor asks the witness questions that the opposing counsel may have.
Hu Yanping: "Withdrawing now is equivalent to us giving up the question." ”
In court, Xuanyuan Law looked at Wang Hu and said, "Then let me change the question, can you explain your criminal record?" This is a basic technique, questioning the character of the witness first, and witnesses with a criminal record are usually more troublesome.
Hu Yanping said: "Let's take a look first." ”
Ouyang Yi: "I'm a little uneasy. "I looked at the hearing bench, but I didn't see anything.
Wang Hu replied: "When I was young, I was ignorant, in order to coax my girlfriend to ......"
Sima Luo pressed the earbud with the index finger of his left hand, and suddenly stood up: "Objection, how does the defense lawyer know that Wang Hu has a criminal record?"
Xuanyuan Fa was stunned: "This ...... We are lawyers, and it is essential to know the experience of witnesses. ”
Sima Luo said: "The juvenile criminal file is sealed. Even the police who handle the case can only find out that someone has a sealed criminal file, and the police cannot open the criminal file. Excuse me, how did the defense lawyer learn about the witness's criminal record? Is it through the Supreme People's Procuratorate or a close friend of the Supreme People's Court? Only a very small number of them can view the juvenile criminal file. ”
Sima Luo said: "In view of the fact that it is related to the judiciary. If you are unable to answer this question, or cannot answer this question right away, I will open a case for investigation and ask that you be disqualified as a lawyer. ”
Cao Yun: "Yes, yes, until he is dizzy...... Question: Is it the Supreme People's Procuratorate or the Supreme People's Court?"
Sima Luo forced him to ask: "Is it the Supreme People's Procuratorate or the Supreme People's Court?"
Ouyang Yi knew that there was a big trouble, and the answer was very simple: it was Wang Hu who explained it in his job application resume. However, whether the employer asked for an explanation, or did Wang Hu take the initiative to explain? If this entanglement continues, it will become a mess, and it is likely to lead to a full-scale investigation by the prosecutor on the Eastern Peninsula.
Japan, the United States, Canada, Germany and other countries have similar laws. Generally speaking, countries where juvenile offenders are released on the day they reach adulthood, regardless of the size of the crime, basically have provisions for the sealing of criminal files. The aim is to give minors a whole new opportunity.
Cao Yun also regretted it in his heart, he should have asked Wang Hu to answer first, if Xuanyuan Law picked out the bones, it would be related to the archives. Now although Xuanyuan has been given the law to get off the horse, it can still be explained clearly.
Xuanyuan Fa is also an old fox, and quickly replied calmly: "Wang Hu has a criminal record, which is something that many people know. Some young people like to show off their dirt and think it's amazing. Little did you know, there is nothing easier than going to jail. I welcome the prosecutor's request to open a case. But until there is no evidence, I am still the lawyer in this case, are you right?"
Sima Luo plucked out his left ear and asked, "What do you think about this, Your Excellency?"
What do I think of the judge's view of Sima Luo? The judge said: "The defense lawyer has considerable network resources, and the prosecutor's suspicions are not unreasonable. Since there is no substantial evidence at this time, it is better for us to turn our attention to the present case. Defense lawyers, please continue to question witnesses. ”
Xuanyuan Fa sighed lightly: "Witness, as far as I know, you have a happy family, a virtuous wife, and a pair of lovely children. Your wife is an only child, and her parents are still alive......"
"Against. Sima Luo looked at Xuanyuan Fa: "This is a threat." Is it too much for the defense lawyer to openly threaten witnesses in court? ”
The judge said: "Defense lawyer, please don't say anything unrelated to the case, your question just now can indeed be understood as a threat to witnesses." ”
Threaten your uncle! Lao Tzu wants to explain Wang Hu's family background and ask him why he attacked Ye Le for 200,000, so as to open the gap and go deeper step by step.
Ouyang Yi was sure that there was a problem, and this objection was not the objection of the prosecutor, but the objection of the lawyer. Prosecutors take the overall picture, and as long as what the defense lawyer says does not hurt anything specific, they will not care. Lawyers, on the contrary, fight for every inch of land, and fight for shit. It's not about shit, it's about rhythm and momentum, the rhythm and momentum of the trial.
Ouyang Yi looked at the list of hearings attended today, he saw that Sima Luo had a problem with his left ear, and then pointed his finger at Cao Yun's name. Hu Yanlan was a little surprised: "He?"
Ouyang Yi nodded.
......
Xuanyuan Fa: "Witness, you said that it was Bai Menglou, that is, the defendant asked you to attack Ye Le, right?"
Wang Hu replied, "Yes." ”
Xuanyuan: "Is there a request that you use makeup remover as a weapon?"
Wang Hu replied: "I didn't specify it, scare her, don't hurt her for the time being." Bai Menglou said: I have a principle for dealing with people, either I don't move, or if I move, I will kill her. ”
Xuanyuan Fa: "Witness, your words are not in your transcript. ”
Cao Yun smiled, you have been tricked, Wang Hu's answer made you throw away the original question. It is understandable, Bai Menglou's sentence is very serious. However, if it is a professional lawyer, it should be immediately judged that this sentence was said by Wang Hu, and it is not critical to be in the transcript, and proving that Wang Hu lied is the point.
Wang Hu replied: "Xuanyuan Law, you have worked in the Eastern Peninsula for so many years, don't you know that this sentence is Bai Menglou's mantra?"
Before Xuanyuan Law could answer, Sima Luo said first: "Witness, don't say anything unrelated to this case, the mantra has no legal effect in legal theory." ”
Cao Yun immediately put an end to this topic through Sima Luo, this topic entanglement is not good for Wang Hu, and the security manager in the hearing seat is also among them, and it is likely that he will be asked to testify temporarily and deny Wang Hu's words.
In the nonsense, the momentum of the Xuanyuan Law has been chaotic, and the ability to quickly and seriously think about problems and details has been greatly reduced.