Soon, the city quickly made a decision: "We must resolutely correct our mistakes, set things right, and restore the truth." ”

As a result, the Municipal Public Security Bureau, the sharp sword was unsheathed! The Municipal Procuratorate dispatched elite soldiers and strong generals to fight day and night!

Three weeks later, the second instance was held in a rigorous and standardized manner!

Originally, I went through two more court trials. The first time was when the Donghai High People's Court acquitted me in the second instance, and the second time was when the High People's Court handed down the charges and sentences of the criminals involved in my case in the first instance. However, I don't want to waste any more ink and paper on the faces of criminals, and I am afraid that it will affect the mood of the readers. After all, the dark side of society is unpopular and unpleasant.

Our time is the best golden age!

I came out of Fuxing Town, and I don't want to be delayed by a few ghosts, my footsteps!

There is also life, my wife and I are Qingqing, our family, colorful, warm, romantic, and real life!

Therefore, I have decided to record the two court hearings together, and ask the reader to forgive me for this narrative that does not conform to the procedure and logic of the trial.

Positive energy is above all else! And this is also the mainstream of modern society!

Strangely, Fan Gang and Xiao Zapi, as well as Bao Pi, shouted wildly in the courtroom to appeal to the Supreme People's Court for the second instance.

However, after the verdict, the 10-day appeal period was completed, and the dawn was quiet.

He was not greedy, and only took 200,000 yuan in lawyer fees from Mr. Qian. Originally, the money was always said to be 3 million.

The fellow was very moved, and signed a 10-year legal counsel contract with the law firm that beat the big tooth. The annual lawyer's fee has increased from 100,000 yuan to 500,000 yuan.

Good intentions are rewarded!

This is originally just a folk proverb, but in real life, it often happens.

The court is in session.

On this day, the court of second instance was full.

Reporters are busy setting up cameras to grab the best positions.

Regarding my relatives and friends, I won't repeat the introduction, it's just that there is a little miscellaneous side, and there is another vice president of the hospital, Fan Gang's younger brother.

I didn't know what he was here for, but I saw a provocative and smug smile.

On the public prosecution seat, sitting impressively, handsome men and beautiful women, all of them are people I know.

The male is Wang Xinyu, Wang Chuhan's cousin, and the female is the prosecutor when I overturned the case for Aunt Shu, Xiaomei, who later learned that her name was Mei Han.

The national emblem on the chest shines brightly.

At 10 a.m., the trial officially began.

"The presiding judge and adjudicators, in cases that seem to have clear and clear facts, are in fact full of suspicions and seriously violate the principle of procedural justice."

Mei Han said solemnly.

"1. Procedural errors

1. Detention

According to the law, Liu should be taken to the detention center immediately after being detained in accordance with the law, but the fact is that he was taken to the detention center after being detained for 3 days. This act by the police is a clear violation of the law.

2. The fact that confessions were extorted by torture

According to Article 43 of China's Criminal Procedure Law of 1996, "Adjudicators, procurators, and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of the criminal suspect or defendant and the severity of the crime. It is strictly forbidden to extort confessions by torture and to collect evidence by threats, inducements, deception, and other illegal methods. It is necessary to ensure that all citizens who are involved in the case or have knowledge of the case have the conditions to provide evidence objectively and sufficiently, except in exceptional circumstances, and that they can be recruited to assist in the investigation. ”

Article 54 of the new Criminal Procedure Law stipulates: "Confessions of criminal suspects or defendants collected by illegal methods such as extortion of confessions by torture, and witness testimony and victim statements collected by illegal methods such as violence and threats shall be excluded." Where the collection of physical or documentary evidence does not comply with legally-prescribed procedures and might seriously impact judicial fairness, it shall be supplemented and corrected or a reasonable explanation given; ”

3. Evidence of torture to extract confessions - the video is missing

4. Contradictory confessions

There were many inconsistencies in the confessions of Liu's uncle and nephew, but even in this case, the court still accepted the confessions of the three people.

The contradictions in the confession are mainly as follows: First, who holds how many of the eight daggers? The accounts of the three people are inconsistent. Second, in the words "robbing the victim Zhang", there is a word "rescue" after "robbery", which obviously has traces crossed out, and it is determined that this is an inducement to Liu's nephew. These are all key pieces of evidence for conviction, but there are contradictions, which further illustrate the possibility that the confessions were extorted by torture and caused the three Liu to make false confessions. Such evidence should have been excluded in accordance with the law, but the court of first instance did not do so.

5. Conviction based on confession alone

In the whole case, in fact, there was no logical chain of evidence, and the case-handling personnel at that time preconceived that Liu's uncle and nephew were guilty, and took the confession as the basic logical starting point of the entire evidence chain, and the organization and selection of other evidence revolved around their guilty confessions, ignoring objective evidence.

According to Article 46 of the 1996 Criminal Procedure Law, "In all cases, emphasis should be placed on evidence, investigation and research, and confessions should not be easily believed." Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and given a punishment; It can be seen that conviction based on confession alone has become another factor in the occurrence of this unjust case.

6. There is no suspicion of guilt / there is no suspicion of guilt

Through the above analysis, we can see that the evidence to convict the three Liu is fundamentally insufficient, and it is completely impossible to form a chain of evidence, but the court of first instance made a guilty verdict under this circumstance.

According to Article 162 (3) of the 1996 Criminal Procedure Law, "where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be rendered that the evidence is insufficient and the alleged crime cannot be established." That is, "there is no doubt about the guilt". However, the judicial organs chose to "find out if there is any doubt about the crime", which is a serious violation of procedural provisions.

2. Witness testimony

1. In addition to the confession, there was another piece of evidence that was used as an important basis for the conviction, that is, the testimony of a witness named Jiang Lianfang who was held in different cells.

But in fact, Liu did not tell Jiang Lianfang about the case, and Jiang had no reason to know about their situation as soon as Liu entered the detention center, and it was impossible for him to know. During the trial, Liu asked the court to summon Jiang Lianfang to testify, but was refused.

2. Witnesses do not appear in court to testify

Article 47 of the 1996 Criminal Procedure Law stipulates that: "The testimony of a witness shall be used as the basis for a verdict only after the prosecutor, the victim, the defendant and the defender have been interrogated and cross-examined in court, and the testimony of witnesses from all parties has been heard and verified." When the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with law. ”

Jiang Lianfang did not appear during the trial, but his witness testimony was still used as an important basis for the verdict, which was a serious violation of procedure.

As the prosecution, we hereby draw the attention of the presiding judge and the judges".

As expected, my first charge, forcible indecent assault on a woman, was not established!

The audience immediately burst into thunderous applause.

The handsome, calm and wise judge also straightened up proudly.

The second charge was then heard.

Intentional injury.

Ou Daya is still personable and has a mouth like a river.

He pushed out the plaintiff's witness, my sister, and testified on my behalf.

"The presiding judge, the prosecutor, we also have witnesses to speak. ”

The lawyer hired by the little miscellaneous skin is not to be outdone.

Vice President Fan, the victory is on the field.

"Judge, prosecutor, friends, I am Vice President Fan of a hospital. The defendant's witnesses are my subordinates, the little nurse, Xiao Shu. Originally, I was reluctant to appear in court, but in order to maintain the dignity of the law, here, I want to disclose: The witness Xiao Shu, she recognized the defendant Liu as her godbrother, which is the evidence of several people in our hospital. ”

After the evidence was submitted to the presiding judge, the opposing lawyer smiled proudly.

"Therefore, I would like to solemnly ask the prosecutor and the presiding judge, the witness, Shu, whether her testimony has probative effect?"

The opposing lawyer, ask a rhetorical question in a timely manner.

"This?"

The prosecutor and the judge looked at each other and were embarrassed. This second charge has to be put on hold for the time being.

In the courtroom, the voices of each other became louder.

beat the big teeth, but I didn't expect things to take a turn for the worse, and the second charge could be easily removed. Who knows, a vice president will be killed halfway.

He looked at me a little anxiously, but I was a little laid-back and in a wheelchair.

Because, Yang Yan hasn't come yet.

"Judge, in view of the second count, because the witness is not qualified as a witness, the prosecutor requested the court to adjourn the retrial. Now, let's move on to the third crime, obstruction of official business and wounding a police officer. ”

The prosecutor Mei Han said dignified and intelligent.

"This court has granted it in accordance with the law, and now I ask the prosecution and defense to present evidence. ”

The judge announced coldly without a hint of emotion.

It's still the same old tune, and the perpetrators all have photos and hospital certificates, and they are slightly injured.

The only real victim was the self-harm report issued by the hospital.

Later, Mei Han told me that at that moment, they were also in a dilemma!

The criminal police team said that some evidence should be provided in court to prevent anyone from colluding or destroying criminal evidence.

Who knows, they haven't shown up until now.

In the face of tremendous pressure, the prosecutor and the judge decided to postpone the trial after discussion!

The little zaggy was happy, and he made a move that he had everything under control.

It was a moment when there was a lot of discussion in the auditorium and the crowd was angry.

The courtroom door was pushed open, Yang Yan was wearing a police uniform, and another middle-aged man in plain clothes, about 45 years old, 170 heads, elegant and wise, especially those eyes, deep and strong see-through vision, walked in calmly.

"Wait, we have new evidence. ”

Yang Yan held up a stack of documents and shouted loudly.

This is a very convincing evidence that directly points the finger at the abuser!

"Suspect Bao, what do you have to say?"

Wang Xinyu walked to the judge with a pride and handed over the latest evidence.

On the day I was beaten, everyone fainted, and the guy who was tortured to extract a confession put a thumbprint on his name with my own blood.

Dozens of pages, all of them!

Perhaps it was at that time that Gong Ping's conscience found that he was indignant and wanted to report to the director.

A group of people didn't have time to find ink, so they took local materials.

"I don't accept it! How can the defendant himself make a bloody fingerprint on the confession so that we were tortured to extract a confession? What if he profoundly confessed his guilt, bit his finger by himself, and made his will clear with blood?"

Wrap up, quibble.

"Hahaha, it's too retarded, right?"

"People are stupid and wise, I look at that guy, he is less mentally retarded, right?"

The audience was booed.

Criminals don't need to print mud and press their handprints, they have to identify themselves with blood, this is another intellectual game problem after hide and seek, right?

"Well, since you're not convinced, please witness to the court!"

The judge shouted.

The moment Gong Ping and his partner on duty that night, as well as the handsome policeman (I don't remember the name of the benefactor) who had stopped the tall and thin policemen from using force at the police station, walked through the door, they collapsed weakly in their seats.

"Okay, let's move on to the second charge, since someone has pointed out that the defendant's witness has an indirect family relationship with the defendant, and we will not accept it in accordance with the law, then, does the defense have any new evidence?"

The judge found the trial challenging, and he asked questions with blazing eyes.

"Yes! Judge!"

Yang Yan submitted the photos of Qingqing's wife being injured and her clothes torn, as well as the small miscellaneous skin fingerprints extracted from her body, and the evidence that completely matched the comparison results.

"What does that mean?"

The little miscellaneous lawyer is excited, full of confidence, and talks endlessly.

"Perhaps, this just proves that my client, indeed at the scene, found that the woman he once loved ran away with another man. Out of righteous indignation, there was a pull, a few slaps, and the clothes were torn during the grabbing, which is also normal!"

"Yes, yes, I'm not her boyfriend, but I love her!"

The little miscellaneous skin is alive again.

"Also, we believe in the restoration of the crime scene of the detectives, but the simulation of the crime scene based on trace tracing is always just a kind of reasoning.

For example, every morning, whether the sun comes out or not, the sky will always shine.

Can we conclude that the dawn will always come?

I don't think so! For example, the next morning is a total solar eclipse, or the end of life in the solar system. ”

There was a lot of discussion in the audience, and there was no good rebuttal for a while.

The second trial is really full of twists and turns!

"Let's prove it!"

Outside the door, four people walked in again. Three men and one woman.

The occupations are: hospital janitor, the husband of the daughter-in-law, a little beauty with a bright smile, and the last one, it turned out to be a traffic policeman!

"Witnesses, do you understand the legal responsibility for perjury?"

The judge asked solemnly.

"Yes, we promise that every word is true!"

The witnesses answered in unison.

"Please see first, is the person you want to testify against in court? Find him!"

The judge commanded.

"It's him! There are a few more, I don't see clearly. ”

Everyone points in the direction, and it is a little miscellaneous skin!

This is a relay sighting about kidnapping!

The witness, after reading the newspaper reports and photographs, came with compassion and resoluteness. Criminals who kidnap and commit indecent assault can get away with it, but the victim's fiancé has to carry the black pot of indecency and injury on his back, face a deep prison, and wash his face with tears all day long.

The narrative begins.

The husband of the daughter-in-law gave birth, in the parking lot, after parking the car, carrying a large bag and a small bag, walking in the direction of the elevator room. A couple of people dragged a girl and came head-on, knocking the man's things into the air. The girl shouted, "Help! The man was about to chase after him, but the mobile phone rang, and his wife had a difficult birth, so he stopped.

The security guard guarding the door, just to see that the car was a little dirty, asked to open the door for inspection. Little Miscellaneous pulled the car door and yelled, "Blind your cross-eye!" In the second row of the car, a girl, with her mouth gagged, whined.

Traffic lights, intersections.

The little beauty's car was hit by the rushing van.

The little miscellaneous skin looks at people beautifully, and has the heart to tease a few words. Opened the car door, dressed well, and left a business card, saying that he would make a special trip to apologize and compensate!

Through the open door, the little beauty spotted the girl and shook her head.

The traffic police came to find out the situation, and the little miscellaneous gang was a thief with a weak heart, so they fled when they got in the car.

The traffic police struggled to open the door, was taken away for several meters, and almost died. In these dangerous seconds, the girl's cries for help and her face were also seen.

At this point, it seems that the case should be over. Who is the real suspect in the crime, is about to come out!

The judge checked the evidence and was about to announce the verdict in court when a dramatic scene happened!

The real detective Bingtian stepped forward, handed over an interrogation transcript to the judge, and said with a slight mockery:

"Admittedly, trace tracing is not conclusive in determining a crime, but it can help us pinpoint a suspect accurately. ”

"Bring new witnesses!"

The judge announced loudly.

Two police officers escorted a hook-nosed, bald 41, 2-year-old guy in.

It turned out that it was Fan Balen, a narrow-minded villain, who hired someone to drive a truck and wanted to kill me and Qingqing's wife!

Before it was over, an even more shocking scene appeared.

"Barron, my son, how do you do such a wrong thing? But don't be afraid! Go in and stay for a few days, and we'll come out, so we can do it?"

Mrs. Fan, the calf is keen, and she doesn't choose what to say!

"Mommy, I don't want to go to jail! It's all the second uncle, he asked me to kidnap Zhang Shan. ”

The little miscellaneous skin wept bitterly.

"Little nephew, what are you talking nonsense?

Vice President Fan, anxiously and sternly gag!

"Don't be afraid! Son! Even your own uncle will kill your relatives with righteousness! You shouldn't be responsible for the crime, we won't help others carry the black pot!"

Fan Gang is eager to save his son, how can his younger brother have a son?

"Daddy, Mommy, it's all him, the second uncle asked me to kidnap Zhang Shan so that her boyfriend could hand over a USB flash drive, saying that there was any evidence against him in it!"

The little miscellaneous skin has been revealed.

"You're spewing blood! I'm a dean, how could I let you kidnap you? Obviously, you want to rob the people's daughters!"

The vice president also fought-for-tat.

In view of the complexity of the case, the judge pronounced me not guilty and released in court!

Other suspects, postponement of retrial!

When I was pushed off the dock, Qingqing my wife threw herself into my arms and burst into tears.

The applause mountain roared and the tsunami lasted for a long time.

I pushed Qingqing away, and with the support of Gong Ping and his brother, I stood up tenaciously again.

Joining her, facing the auditorium and the judges and prosecutors, he bowed deeply three times.

"Thank you, thank you, thank you, thank you, thank you!"

Outside the courtroom, someone set off firecrackers!

People flocked to me like a wanderer coming home from afar!

My life with Qingqing's wife has opened a new page!

But before that, I still have to explain the final result of the relevant personnel in this case.

Actually, this case is far from over!

This incident lasted for nearly three months before the dust settled.

During this period, the first thing the media and citizens of Donghai did when they returned home like a holiday, was to watch the "legal column" of Donghai TV Channel 3 and pay close attention to the follow-up development.

Halfway through, Prosecutor Mei Han approached me, and a few days after I handed over the USB flash drive and assisted in the investigation, I didn't participate again.

The little miscellaneous gang has been severely punished by the law for hiring murder, kidnapping, forcible molestation of women, intentional injury and many other cases!

Bao Fu's gang, Wu Tuo, and Duan Ran bear the corresponding legal responsibility because of torture and intentional injury!

Hu Pan was punished by law for dereliction of duty.

Vice President Fan and several of his subordinates were also imprisoned for taking bribes.

Later, the executive deputy head of Hongtong District was dismissed, and another case was handled by the Commission for Discipline Inspection!

A large number of people involved in this case, including the director of the hospital where I was hospitalized, were punished differently by law and discipline.

As far as I am concerned, I am full of emotion, but "justice may be late, but it will never be absent" has become a lifelong belief!