Chapter 380: Old Case

There was a case in Daewoo Island where an electric cat arranged underground electrocuted ore that entered the backyard of the underground house in the middle of the night. Although Cao Yun was on Daewoo Island at the time, no one hired Cao Yun because Cao Yun's asking price was too high. In the end, the children of the well found He Ying, a lawyer from Galaxy Law Firm, as the suspect's lawyer.

Four days ago, the second instance upheld the original verdict and convicted him of intentional homicide and sentenced him to death.

After the verdict was handed down, the children of the well were very sad and angry. At the request of the well, the second daughter of the well went back to Daewoo Island to sort out the calligraphy and painting of the well. During this period, Xiao Guo had nothing to do, and comforted the second daughter of the well, and at the same time complained about the grievances of the well. The second daughter is in business, and as soon as she heard Xiao Guo's words, she asked, and Xiao Guo told the second daughter that his friend, Cao Yun, a famous lawyer in the Eastern Tang Dynasty, happened to be on the island at the time of the incident, and he analyzed the situation and thought that the well must find a lawyer as soon as possible. But because the sons and daughters of the mine delayed the best time in order to find a good lawyer, the mine was charged with intentional homicide.

The second daughter asked why Cao Yun was not entrusted at that time, and Xiao Guo told the second daughter that Cao Yun's offer scared away his wife in the mine. When Cao Yun left the island, he deliberately explained to He Ying through Xiao Guo: After the police detained the underground, the situation of his interrogation will be the key to knocking down the underground confession.

The second daughter accompanied the trial throughout the trial, and He Ying did not put forward the entry point of Cao Yun's explanation at all. After listening to Xiao Guo, the second daughter asked Xiao Guo if Cao Yun could overturn the case? Xiao Guo was not clear, and gave Cao Yun's contact information to the second daughter.

Cao Yun: "After the second trial, because it is a death sentence, it is inevitable to go to the Supreme Court." I don't know what the trial is about, I don't know if I'm sure. Generally speaking, the SPC focuses on whether there are problems in the trial process, etc., and they do not pay much attention to the case itself. But...... can make this case an intentional homicide, Nangong Tengfei is indeed right, He Ying is really a parallel import. ”

At that time, Cao Yun listed three possibilities, the first of which could be innocent, and the third could be intentional homicide. Cao Yun thinks that as a defense lawyer, it is difficult for him to acquit the well. As a prosecutor, it is difficult to convict of intentional homicide underground. Most likely, it is the crime of negligence causing death. But He Ying turned out to be ...... What a bird name lawyer, I'm grass.

Cao Yun still has a good impression of the well, but it is only a good impression.

Cao Yun said: "In this way, I will give you a phone number, you write down the trial situation in as much detail as possible, and He Ying needs all the materials prepared." Take a picture of the material and send it to the email address of the caller. Okay? Goodbye. ”

Cao Yun contacted Lu Yihang: "There is a criminal case here, the Daewoo Island case I told you, the second instance of the underground upheld the verdict of intentional homicide. I have an idea for this case, but it's not convenient for me to take it, so you can find Sima Luo to study it. ”

Cao Yun hung up the phone, Chao Hei also knew about Daewoo Island, and asked, "Why is it inconvenient to answer?"

Cao Yun: "You explain binary to me, I don't bother to listen. I'll explain it to you......"

Ultra Black: "I'd like to listen." ”

Cao Yun: "You don't understand, let's go, I have to go back." A small earthquake is about to break out at Takayama Law Firm. Hahahaha......"

Super Black: "Why do you still let out a smug and smug laugh in the face of an earthquake?"

Cao Yun: "Haha, so you don't understand. Cao Yun closed the pole, patted the super black shoulder and left.

……

Cao Yun was not in a hurry, so he drove to dinner halfway through, and packed dinner food for the law firm by the way. When they arrived at the lawyer's office, Lu Yihang and Sima Luo sat on the coffee table in the living room, looking at the printed paper materials with solemn faces. Takayama Xing, who had nothing to do, leaned to the side and wondered what the two were doing. Gao Shan Xing saw Cao Yun coming in with takeout, and stepped forward to greet him: "They haven't spoken for ten minutes." Stupid?"

Cao Yun replied: "I'm dumbfounded." ”

Cao Yun sat down, picked up two pieces of information and looked at them: "Have the two current and future prosecutors found the entry point for the third trial?"

Lu Yihang and Sima Luo looked at each other and replied together: "No." ”

Cao Yun: "Are you sure?"

Sima Luo smiled bitterly: "It's not so sure." ”

Lu Yihang on the side also smiled helplessly when he heard it: "We are thinking of a second way." ”

"Yes, those who can enter Gaoshan Law Firm are not ordinary people. Cao Yun put the information on the coffee table, took the tea sent by Gao Shan Xing and thanked him, and said: "If this case is to be overturned, two people must be physically attacked." The first person was the Nine-Tails, who took a helicopter to Daewoo Island to supervise the case, and there must have been some skill in the interrogation process. Inoshita, an old man in his sixties and seventies, can raise reasonable questions and suspect that the Nine-Tails is suspected of soft violence and torture to extract confessions. The second target is He Ying, and in order to overturn the case in the third trial, He Ying must be trampled to death, and the defense lawyer must be proved to be incapable of performing his duties or incompetence before it is possible to let the third trial enter the trial link. Otherwise, the third instance will not discuss the case itself. ”

Gao Yan's second-instance trial is the final trial, and the materials are submitted to the higher authorities for approval, and the higher authorities are to approve the death sentence.

The third-instance judges of the Eastern Tang Dynasty mainly asked about the trial procedures, and as long as the judges, prosecutors, etc. did not violate the trial procedures during the first and second trials, they would uphold the verdict. The first way to overturn the case is to trample He Ying to death, and then attack the Nine Tails, so that it is possible for the Supreme Court to take over the case. The second method is to find new clues and new evidence that did not appear in the police or the trial, and to file a complaint so that the Supreme People's Court can accept the case.

Stepping on the nine tails does not have much psychological burden in Cao Yun's opinion, this is work, I believe that the nine tails can understand, if the nine tails can't understand, then the nine tails have no qualifications to understand. The meaning of this sentence is: people who cannot understand are not qualified to be in the same class as me, then I don't need your understanding.

But stepping on He Ying is very troublesome, and this kind of behavior is very unpopular in the industry. is equivalent to a star, relying on the privacy of publishing to discredit another star, and she successfully grabbed the qualification of the protagonist. Is the behavior right? The celebrity is telling the truth, and the other celebrity has indeed done things that have ruined his reputation. Seems right. But it's wrong.

Although He Ying's ability was questioned by some people, such as Nangong Tengfei, He Ying's communication skills were quite good. He Ying is also a partner of Galaxy Law Firm. Cao Yun definitely doesn't care if he is short of money. The problem is that Cao Yun is not short of money, he is now famous in Dongtang, and for his own interests, he does not want to wade into this troubled water. Making one or two million leads to losing one's character and reputation in the industry, which is completely unnecessary.

Sima Luo's identity is the opposite, he is not afraid of offending He Ying, his position is different, and most people will understand. But Sima Luo wants to step on the nine tails, then hehe. stepped on He Ying, He Ying was questioned about his ability at most, and his reputation fell to the bottom. If you step on the nine tails, if you don't step on the nine tails, you won't be able to turn over the case. trampling the nine tails to death, the nine tails may have to accept internal punishment, and may even be held legally responsible.

A prosecutor on leave, a future prosecutor, see for yourselves.

The two continued to be distressed, Gao Shan Xing sat on the armrest of Cao Yun's sofa, and Cao Yun explained the problems the two are currently facing and the current situation of this case.

Unexpectedly, Gao Shan Xingyi patted Cao Yun on the shoulder: "He Ying has no problem." All the old grudges between Gaoshan Law Firm and Galaxy Lawyer, I personally stepped on He Ying to death, and there will be no moral problems. ”

Cao Yun didn't expect this, as for the various grievances between Gao Shan and the Milky Way, it has been explained very clearly above. Gao Shan Xing wants to fight back, and it is really understandable to fight back. However, in this way, it is equivalent to the two law firms officially becoming enemies. It doesn't matter, who's afraid of whom! If it's the universe, Cao Yun is still a little worried. Galaxy takes the route of a large-scale law firm, with many lawyers, and its main clients are the middle class. Universe is an elite law firm, there are not many lawyers, and only high-end business is done. To put it mildly, without a certain amount of money and status, the Universe Law Firm will not accept it. This is because of the 28 theory mentioned earlier.

There is no competition between the two law firms, Galaxy and Gaoshan. It doesn't matter if Gao Shan Xing is able, because he stepped on He Ying, He Ying would not be able to appear in court to defend himself, as long as Cao Yun provided good information and read it according to the above. But......

Sima Luo: "Apricot, do you think you are the opponent of the Nine-Tails?"

Alpine apricot stiffness.

Cao Yun: "You also called apricots, called boss." ”

Sima Luo also realized the gaffe, and said along Cao Yun's steps: "I'm sorry boss, boss, I was wrong." ”

Lu Yihang said: "The Nine-Tails Prosecutor is the most troublesome, and it takes a lot of investigation work to question the Nine-Tails Prosecutor. The circumstances of the interrogation, the video recordings of the interrogation, the confessions, the transcripts, the police officers who participated in the interrogation. The Nine-Tails prosecutor is the prosecutor in charge of the underground case, but there are two problems. The first question is whether there have been irregularities in police interrogations. The second question is whether the Nine-Tails plays the role of supervision or supervision in the interrogation. If it is a supervisor, then the Nine-Tails must be responsible. If only supervision, then the person responsible for the police is responsible for the interrogation. According to the data, he was arrested for three days and interrogated a total of 10 times, an average of about three times a day. The average duration is half an hour. There does not appear to be an irregularity in the interrogation. ”

Cao Yun said: "Are you sure?" Cao Yun pushed the two documents he had just opened to Lu Yihang.

Lu Yihang looked at it for a while and didn't understand: "It is recorded that it is about the same, 40 minutes, 25 minutes, 33 minutes." ”

Cao Yun explained: "First of all, five minutes should be added to each time, and people need to be brought out of the detention room and sent to the interrogation room, and when they go to the interrogation room, they still need to wait for the interrogator, not the interrogator and other suspects. The focus is on time. On the first day of his arrest, the first time he passed through the hall was 1:15 p.m., what was it? The second time I passed the hall was at 9:30 p.m., and if I remember correctly, I chatted with the well when I was talking about something, and the well went to bed very punctually, at 8:45. The third time was at 6 a.m. ”

Cao Yun said: "Now you can call the second daughter underground and ask if these three times are the rest time of the underground biological clock." ”

Lu Yihang understood what Cao Yun meant, and the police had a comprehensive understanding of the underground situation before interrogation, so they chose the time when the underground biological clock was resting for interrogation. It's not a big problem for ordinary people, but the well is older, and once the biological clock is destroyed, it is difficult for him to sleep and rest.

Lu Yihang contacted the second daughter underground, and the second daughter contacted her mother, and a few minutes later told Lu Yihang that Cao Yun was right.

After lunch, stand or walk around for a while, rest at 15 o'clock, wake up at 2 o'clock, and be very energetic in the afternoon. 8:45 p.m. is the time to go to bed in the well, go to bed early and get up early. However, as we age, the quality of sleep at night in the well becomes worse and worse. Every day at about 4 a.m., he would get up and take a walk in front of the house and outside the house, and then catch up on sleep at nearly 6 a.m.

Sima Luo said: "Judging from the information, it cannot be determined that there is an illegal interrogation. There were no more than four interrogations per day, and the total interrogation time per day did not exceed two hours, and given that this case was a homicide, there was no problem with the prosecution or the police. ”

"That's right, if the civil law system can't fight, the objective evidence of the civil law system is stronger than the subjective evidence. But the law of the sea system can be fought. Although there was no violation of the police interrogation rules, the target was an elderly man in his sixties and seventies. He also collected clues about his routine and interfered with his routine. As long as we ask the witness's wife to appear in court to explain the underground work and rest habits, there is still a chance to win. ”

Cao Yun: "You know very well in your hearts that it is obviously too much to sentence the guilty of intentional homicide in the well. The core of the contradiction and problem is the Nine-Tails, who believes that her skillful interrogation behavior is correct, and we have to argue that her behavior is wrong. It's a situation where you're either dead or I'm dead. If it cannot be proved that the Nine-Tails soft violence torture extorted confessions, the case will not be retried in the third trial. proved that the Nine-Tails were tortured to extract confessions, and the Nine-Tails ...... You get the idea. Even if the police officer is responsible for conducting the interrogation, the Nine-Tails has a duty of supervision at the scene. Now it's up to the two of you, the prosecutor on leave, the prosecutor in the future, whether you are willing to trample on your colleagues and reap the fruits of justice. ”

When Cao Yun came back from Daewoo Island to explain the case, everyone analyzed the case and believed that if Underground was convicted, he must have confessed his guilt.

Confessions do not necessarily need to be plain words, such as: I confess that I killed the ore.

The same can be true of confessions.

Police: Have you ever thought that someone would come in through the back door and step on an electric cat?

Inoshita: I thought about it, but I didn't think about it.

Police: Angry because your home was invaded? Yes, as a man, you have to protect your family.

Inoshita: Yes.

These two sentences are a big one, and I thought that someone would step on the electric cat, but I didn't think of the consequences after stepping on the electric cat. But logical reasoning, stepping on an electric cat can almost be equated with death. The electric cat is laid on the ground like a net, and the infiltrator will fall due to the electric shock, and then it will be gone.

Since the confession was certified as evidence of the crime of important intentional homicide in the first and second instance, the only way to disprove the confession is to confront the interrogators.

Lu Yihang and Sima Luo were silent, in their opinion, if the Nine-Tails deliberately violated the interrogation, they were willing to fight with the Nine-Tails. But the problem is to look at the information, the Nine-Tails used the underground work and rest time, and used different sentences to repeatedly ask a question, which belongs to the category and skills of normal interrogation. The Nine-Tails themselves don't think they're at fault.

But Lu Yihang and Sima Luo also knew that convicting them of intentional homicide in the underground was contrary to justice and facts. The reason why Inoshita pleaded guilty was because of the Nine-Tails interrogation.

People who have no criminal record enter the bureau, and sometimes because of the environment and psychological pressure, they will talk nonsense. But people have a thousand faces, and the law is not omnipotent, and it is impossible to cover everything. The two old men, who are also 70 years old, have a firm psychological quality and may not admit their guilt. The latter has poor psychological quality, and because of the guilt of the death of the ore, coupled with the disordered work and rest time, it is possible to admit that he has not done anything if he sleeps less than two hours a day. What's more, there is a subjective ambiguity in this matter.