Chapter 418: The Way of Righteousness (Part II)

Cao Yun nodded to Ouyang Yi, stretched out his hand to pull the microphone in front of him, looked at the Nine-Tails, and asked, "Prosecution, I'll ask a question first." Did you explain the legal relationship between the police and the underground during the second interrogation, did you make it clear? Did you explain that the death of the ore was caused by no subjective negligence, which was an accident and the underground did not have to bear legal responsibility?"

Nine-Tails looked at it for a while: "No." ”

Cao Yun said: "The confession is clearly written, and the police explain the legal relationship and say this: the electric cat was arranged by you, and the person was electrocuted by the electric cat, so you are suspected of intentional homicide." Insuba said: You are talking nonsense. The policeman replied: There is a video recording here, a video sent to the court, I absolutely did not say nonsense, and I dare not say nonsense. And then it was gone, which means that the police did not make the legal relationship clear at all, but selectively used intimidation to intimidate an old man. ”

Nine-Tails replied: "The police are not obligated to answer legal questions, and police interrogation can be done by any means permitted by law." ”

I'm not trying to convince you, I'm just saying it to the jury. Cao Yun continued: "The prosecution said that the underground and his wife go to live at his wife's mother's house every year, so the underground must know that the electric cat will electrocute people. This statement itself is false and hugely misleading. I've been in Dongtang for so long, and I still don't know what customs are in Dongtang. I know that Dongtang has different customs from Gao Yan, but I'm not interested, and I don't want to ask. For a married man, especially for middle-aged and elderly people, there is still too much curiosity about this world. ”

Cao Yun said: "The electric mouse season is in autumn, not summer, and it will not be summer vacation. Since the prosecution said that the underground must know the power of the electric cat, please show evidence. The prosecution can call witnesses to prove that the underground must have known. ”

Nine-tails said: "The defense is quibbling. Even if the underground is not clear, isn't it clear to the underground wife? Do you think that the underground wife has not reminded the underground of the mine?"

Cao Yun replied: "I asked the witness just now, and the witness said that he did not remind the well. Returning to the witness, I don't know if the witness was suspected of intentional homicide, but I can be sure of one thing from the witness's testimony: there was no intentional homicide in the well. ”

The Nine-Tails did not budge: "Judge, I ask for a witness to be questioned. ”

Sonny nodded, "Yes." "When the case was opened, Sonny was serious. Because this case is different from the previous four, it is a very serious case. Both the prosecution and defense have a point, and it may affect a life in the real world.

Ling Hu Tian'er began to question witnesses, this is her area of expertise, and she learned skills from Ling Hulan. However, after asking a few questions, the witness was exposed.

Linghu Tian'er: "I'll give you a minute to think about what Lawyer Ouyang said in a half-hour meeting with you alone. ”

Cao Yun brought the witnesses to court at the very beginning, and did not send the witnesses back after asking questions, so that the witnesses could fully know the circumstances of the trial, so as to infer what they could and could not say. Cao Yun's strategy was correct, but Cao Yun overestimated the ability of his wife underground. The witness's wife couldn't make up what she said for half an hour.

Ling Hu Tian'er's witness couldn't answer, and asked, "Did Lawyer Ouyang ask you to take the blame?"

The witness replied: "No." ”

Linghu Tian'er: "It seems that Lawyer Ouyang didn't explain to you what it means to be a co-defendant." ”

Witness: "Yes." ”

Linghu Tian'er: "Oh?

Witness: "......"

Cao Yun: "Objections, what the lawyer and witnesses say has nothing to do with the case. "Generally, Cao Yun will shout against it, mostly because there is a problem.

Ling Hu Tian'er replied: "I suspect that the defense lawyer made the testimony, so I want to verify this through witnesses." ”

Sonny: "The objection is invalid, and the prosecution can continue to ask questions." ”

Linghu Tian'er: "It's not easy to memorize lines at such an age, right?"

Witness: "......"

Linghu Tian'er: "Why do you need to buy electric cats in the underground, and you need to buy them through children?"

The witness thought for a while, and Ling Hu Tian'er continued: "I can also ask you this question. ”

The witness replied: "They were in college and found that someone was selling electric cats on the Internet, and they were doing well." My mother, my younger brother, etc., because they were in need, I asked my children to buy a few for them one after another, and I also helped the neighbors buy a few. ”

Ling Hu Tian'er smiled: "The child is very enthusiastic. ”

The witness nodded: "Yes, it is also very filial." ”

Linghu Tian'er: "How does the child know about electric cats?"

Witness: "They like electric rats the most in our mother's house." ”

Cao Yun and Ouyang Yi smiled bitterly.

Ling Hu Tian'er had an accusatory tone: "Electric mice are very dangerous, are you parents too irresponsible?"

Witness: "No. Every time we watched from the sidelines, we told them not to get close to the electric cat......"

Linghu Tian'er: "We are you and your husband, right?"

The witness finally did not reply.

Ouyang Yi propped his chin with one hand, looking confused. This is Ling Hulan's routine. Ask some questions that are difficult to answer, but you think about answering them that you don't have a problem answering. Then lead the topic away, so that the witness can relax and kill the horse gun. The questions asked by Ling Hu Tian'er were not good, but the witnesses behaved even worse.

No way, a lawyer can teach you what you can say and what you can't say, but a lawyer can't make you memorize the answers to all the questions.

Linghu Tian'er: "I'm done asking, thank you." ”

After a little silence, Cao Yun asked: "After the ore died, that is, after the prosecutor arrived on Daewoo Island, you did not let the local police station chief participate in the investigation of the case, what kind of considerations did you have?"

Jiuwei was stunned for a moment, what kind of question is this, and replied: "There are almost no criminal cases on Daewoo Island, and I think the police station should have no experience." ”

Cao Yun asked, "Do you know that the head of the police station used to be the main agent of the first search section?"

Nine-Tails: "What if you know?"

Cao Yun asked again: "Why don't you let the main detective of the search section assist in handling the case? Is it because he opposes your interrogation methods?"

Nine-Tails replied: "Of course not, no, because he is an agent who was exiled by the search class, and he is an agent who has a problem. ”

Cao Yun asked, "Do you know what's wrong?"

Nine-Tails shook his head: "I don't know, I don't want to know." ”

Cao Yun said: "Yes, that's the attitude. You know a result, it's okay, the process doesn't matter to you. The director is a friend of mine, and I went to Daewoo Island because of him. The industry knows that his exile was definitely not because of negative things. Cao Yun looked at Li Long.

Li Long nodded approvingly.

Cao Yun said: "It's the same for the underground case, you want a murder result." When the confession does not match the result of the killing, you continue the interrogation. I'm bold to assume that if on the third day, Inoshi still doesn't admit that he thought he would die if he arranged the electric cat, then how many more days are you going to try?"

Nine-Tails replied: "It depends, I won't wronged anyone." ”

Cao Yun: "According to the explanation of the town police, you have approved the decision to extend the detention, and you are dissatisfied with the first two days of interrogation, and ask the town police to increase the intensity of the interrogation. The town police asked what the intensity of interrogation was. You ask rhetorically, don't you have a sense of proportion? The town police think that the result you want is to kill people in the well. Do not accept the result that there is no killing in the well. ”

Nine-Tails frowned: "I didn't see this confession information. ”

Cao Yun said: "This is a passage that Sima Luo asked as a prosecutor. I was going to use it in the third trial, but they felt that they were too cruel to you, and they were worried that the police officer would get into some trouble because of this, so they didn't show this evidence. ”

Nine-Tails said, "I did say that, but I didn't mean that. Judging from the confessions, I think that the well is vague and several testimonies are inconsistent. In particular, subjective inconsistencies. My request is for the police to interrogate and establish a credible testimony. It should have been my fault, I didn't make it clear. ”

Sonny suddenly spoke: "Don't get entangled in some issues between the prosecution and defense, the focus of this case is whether there is a subjective idea of killing people in the well." "As a judge, Sonny felt a sense of sacredness and responsibility for the first time.

Cao Yundao: "We can't prove what we think, we can only use the clues and evidence obtained from our own investigation to persuade the jury to accept our opinion." Here I want to emphasize one point, the spirit of the law, there is no doubt about the guilt. ”

This is a basic card, and it is also Cao Yun's trump card. Whether or not there is an idea of killing ore underground is a subjective idea, and it is difficult to prove whether there is or is not. Cao Yun first confused the role of the 10 confessions and questioned the 10th conclusion confession. After getting a certain basis for questioning, you can throw the hole card of doubtful guilt.

It's a headache for this basic card nine-tails. The reason why Cao Yun was able to turn the basic card into a trump card was that the police interrogated them many times, and the confessions obtained from the interrogation were inconsistent. Inconsistencies are not the same as the answers to the questions, but rather the inconsistencies of some related questions. For example, ask: Why don't you tell the islanders about the installation of electric cats? Answer: I forgot. The second interrogation asked: Do you know that electric cats can hurt people? Answer: Yes, I think they know too. There is a contradiction between these two answers. Underground knew that electric cats were harmful to people, but he forgot to warn the islanders. Did you forget it, or did you deliberately not say it?

The Nine-Tails need an exact answer. The third interrogation was to ask this question directly. The well even gave a third answer: what am I doing in my own house, and why should I tell them?

After the confession evidence was slowly loosened by the two defense lawyers, the Nine-Tails must come up with ironclad evidence, otherwise there will be no doubt about the guilt.

Nine-Tails raised his hand: "I want to ask the witness a few more questions." ”

Sonny: "Yes. ”

Nine-tails walked to the witness stand: "Witness, did you install the electric cat, or did your husband install it underground?"

The witness replied: "My husband." ”

Nine-Tails: "You said that your husband doesn't know anything about electric cats, and the installation process is complicated?"

The witness replied: "There is a manual, and the product comes with a manual." ”

Nine-Tails: "Your husband has a manual?"

The witness nodded: "That's right. ”

Nine-tails took out his mobile phone and held it in his hand and faced the jury: "After the third trial, I had doubts about the outcome for a while. So with the help of the police, I contacted a small workshop that made electric cats. From a legal point of view, it is illegal to produce and sell electric cats. But this small workshop is still more conscientious, and their products come with a manual, a very detailed manual. The first page of the opening paragraph explains that this product may cause death of humans and animals during use, please install and use it in strict accordance with the instructions. “

Nine-tails plugged his mobile phone into the interface and opened the picture, which was a picture of the instruction manual taken by Nine-Tails. Is this possible under penalty of perjury? It may not be this product manual. Definitely not, the prosecutor would never have made such a big mistake, not because it was made knowingly, but because it was easy to investigate.

Nine-tails said: "Everyone, now the facts are very clear, the defense has always said that the underground does not know the power of the electric cat. In fact, the instructions are very clear and are explained in large warning letters on the first page. The witness proved that the underground instruction manual was well aware that the electric cat was a tool that could cause death. It's not, as the defense claimed, that the underground knows nothing about electric cats. ”

Everyone looked at the defense seat, Ouyang Yi and Cao Yun glanced at each other and sighed in their hearts. The failure of the defense to win the prosecution in the third trial is a very bad thing. Not only did it lead to the Nine-Tails being fully prepared for the interrogation, but it even allowed the Nine-Tails to gain additional clues and evidence. Nine-tails, who is proficient in a case, has an incomparably abundant energy and time for the case he is responsible for. As soon as this evidence came out, the defense was more than lucky, and Cao Yun's trump card became a basic card because of the appearance of ironclad evidence.

Cao Yun: "Because the prosecution presented new evidence that was not presented in court, the defense asked for an adjournment to verify the authenticity of the evidence. "It's a reasonable request.

Sonny asked, "Is one day enough?"

Cao Yun: "Enough." ”

Sonny: "Okay, that's all for today's trial, and tomorrow at 8 p.m. for a second trial of this case." ”

……

The breeze is bright and the moon is bright, and tea is drunk under the shadow of bamboo.

Ouyang Yi raised his glass: "The nine-tails positional battle is too strong, and the psychological quality is also good." According to reason, she has been defeated by Cao Yun many times, and with my name, she should be a little jealous. I didn't expect her to be so strong inside. ”

Cao Yun: "Ouyang, I'm still a layman in criminal defense, and I usually rely on three axes to cheat some money." You ......"

Ouyang Yi said: "It's human nature to be lazy, and we are used to taking shortcuts. After all, time is money, and the sooner someone else's case is solved, the better. Today's defense is losing because we don't have the right core notions. ”

Cao Yun: "Today's core concept is that we hope to confuse the confession through the underground wife, and in the end, the lawsuit will never be won if the suspect is guilty. ”

Ouyang Yi shook his head: "No, no." Today, our core concept is to take shortcuts and exploit loopholes. But the other side is very strong, and the battlefield is small and limited, so it is difficult to give full play to our strength. In that case, we must correct our core beliefs. ”

Cao Yun asked, "Fox?"

Ouyang Yi: "Don't forget your original intention. ”

Cao Yun: "......, what qualifications do you have to say this?"

Ouyang Yi said: "When I first became a lawyer, I hoped to win the lawsuit through the law. Slowly, I started to exploit legal loopholes. After all, in the face of defense lawyers, the prosecution is even more vulnerable. To win this case, we must return to our original intentions, do not use tricks, and arrange regular troops to fight. ”

Cao Yun: "I don't understand. ”

Ouyang Yi asked, "Cao Yun, why do you subjectively think that there is no idea of killing people in the well?"

Cao Yun said: "It's subjective. ”

Ouyang Yi asked: "What if the ore was electrocuted and the underground did not call the police or contact the doctor?"

Cao Yun clapped his hands: "That's right." Let's assume that there is really a murderous intention in the well. First of all, he will not turn on the electric cat siren, only turn on the indicator light. Second, he doesn't turn off the power right away. Moreover, he would not immediately notify the police station and the doctor. ”

Ouyang Yi: "We are all opportunistic people who want to end the case quickly. This leads us to ignore a lot of details and ignore the facts that objectively exist. ”

Cao Yun: "I think it's okay, but to avoid the nine-tails being prepared......"

Ouyang Yi smiled: "Hey, I just said that I want to use regular soldiers, why do you want to use tricks again?" My suggestion: Cao Yun, you go to the Nine-Tails now and tell her our prepared defense points." ”

Cao Yun: "However, she shouldn't believe me." ”

Ouyang Yi: "What you want is this effect, and regular soldiers also have a way to use soldiers." ”

Cao Yun: "It's one o'clock in the morning, people should be sleeping." ”

Ouyang Yi: "Tired soldiers." ”

What the hell is the soldier still with so much bad water? Ouyang Art of War?

The two armies faced each other and rushed to kill each other, which was a regular soldier. The two armies faced each other, rushed each other and killed each other, and the Blues fell into the pit dug by the White Army, which was a ruse. Or last night a small number of whites went to the front of the Blues to square dance, causing the Blues to not be able to sleep, and today's battle, the Blues naturally lost more and won less.

Sure enough, all the lawyers are bad at the bottom of the box. I don't usually need to use it, in order to maintain my image. It can be interpreted as the professional ethics of lawyers.

Cao Yun stood up and grinded coffee: "Lonely men and widows, how can I do without coffee? ”

"Oh? I'm looking forward to it. ”