Chapter XIII: Doubtful Cases The first trial was held
The scenery of the North Lake in Takene Castle is beautiful, but what is even more beautiful is the combination of the lake and the sky: a few wisps of white clouds float in the clear blue sky, and the clear and transparent air blows across the lake. Pen? Interesting? Pavilion wWw. ο½iqugeγ infoThe water of the lake is so clear, so crystal clear. Like a treasure mirror, it reflects the reflection of white clouds in the blue sky.
There is a building near the shore of the North Lake, near the courtyard of the street, it is the Zhugen County Court, although it is not luxurious, but it is elegant, a large white sign hangs at the door of the court, the big black characters are shining, and it reads; Trial Division of Zhugen County People's Court.
Looking at the courtroom from afar, she inherits the rich historical and cultural connotations and spreads the eternal commemorative symbol. It has a unique architectural style, diversified art decoration, pays attention to the combination of law and urban environment, and pays attention to the combination of culture and art.
A bright five-star red flag was hung in the center of the hall, fully displaying the solemn and majestic image of the people's court as a state law enforcement organ.
You see, in the front row of the courtroom sat majestic judges, all dressed in black loose-cuffed robes, with their red plackets and decorative golden collar buttons, which looked very majestic and solemn.
The dress of the judges reflects the people's court's exercise of judicial power on behalf of the state; The collar buckle of the four plastic emblems symbolizes that the judicial power is exercised by the people's courts at the four levels, and at the same time symbolizes that the people's courts are loyal to the party and the people; Be faithful to the facts, faithful to the law.
Sitting in the middle is the presiding judge Zhuang Weiyan (fictional), with thick eyebrows, a black and red face, and a resolute and upright air between the eyebrows.
On the left side sit the clerk and prosecutor, and on the right side sit the defender, agent ad litem, expert and so on.
After 10 years of catastrophe, the court is a smashed public procuratorate, procuratorate, and law, and the system has just been established, and the legal system has also just been restored.
In order to try this vicious homicide case, the judges were very serious. Programs are no less.
The suspect soared eagle and stood in the dock, looking sluggish, listless, and with his head drooping.
In the eyes of the judges and the audience, it is a manifestation of the honest attitude of admitting guilt and obeying the law.
In fact, it is a mental disorder, showing a semi-comatose state, where to recognize people, but the usual answers to questions are like a stream, that is, the lack of thinking ability and discernment.
The hall was filled with spectators and crowds of spectators. Because, this is an unprecedented "murder and corpse dumping case" that happened in Beihu.
For a time, it caused a sensation in the whole Takene City, and there were many discussions in the streets and alleys, and of course, the crowd of people watching the excitement and waiting for the results acted as observers, and they scrambled to see the surprise. However, the courtroom is a solemn and sacred place, and it is necessary to be quiet.
First of all, the presiding judge Zhuang Weiyan found out whether the plaintiff and the defendant appeared in court, and the plaintiff must be the mother of Liu Feiyang, who sued her unmarried son-in-law Soaring Eagle, and the two were the protagonists of this trial.
The presiding judge, Zhuang Weiyan, looked at the plaintiff's bench and the defendant's seat, and there were people standing on both sides, indicating that the plaintiff and the defendant were all present.
Then, announce the order of the venue and the cause of action to the audience; "Audience friends! The order of the venue is now announced, and no whispers or ...... can be made during the trial of the case Keep the venue quiet...... This trial is an "intentional injury case......
Some observers asked: Isn't it a murder and dumping of corpses? Why was the "intentional injury case" declared?
Of course, the court had its reasons and was deliberate in its characterization of the case, although intentional homicide and intentional injury were of the same nature. This is because China has clear provisions on cases of intentional homicide and intentional injury, and the standards for applying the death penalty to the crime of intentional homicide are accurately grasped. Whether or not to impose the death penalty for intentional homicide should not only be based on whether the victim's death was caused, but also on the full range of circumstances of the case.
Therefore, this trial has a case of intentional homicide and dumping of corpses, which is tentatively named "intentional injury case".
The presiding judge, Zhuang Weiyan, continued to announce, "The plaintiff is Liu Wu from the farmhouse compound village in the western suburbs of this county, and he sued his daughter's fiancΓ© Soaring Eagle......"
At this time, the entire trial hall was silent, no one spoke, and listened attentively to the presiding judge's announcement, so the venue was solemn and quiet.
The presiding judge, Zhuang Weiyan, announced the conclusion of the case, and then announced the names of the members of the collegial panel, clerk Shen Tao (fictitious), prosecutor Zhang Huaming (fictitious), defender **** Shun (fictitious), agent ad litem Chen Geda (fictitious), evaluators, and so on.
"Plaintiff Liu Wu (fictitious)" Presiding Judge Zhuang Weiyan shouted again, and then explained the relationship between his identity and the victim, "She is the mother of the murdered woman Liu Wufei."
"Here we go!" The catkins flew to the mother, who thought she was shouting, and as soon as she heard the name of the shouting, she agreed.
The old lady in the countryside, where did she know the rules of the court, and then shouted and complained, "Wronged!" My daughter's death was wronged, and I asked the court to punish the murderer of my daughter and avenge my dead daughter. β
The presiding judge, Zhuang Weiyan, did not answer, and asked the plaintiff Liu Wu's opinion, "Please see which of the members of the collegial panel has an impact on the trial of this case?" The plaintiff has the right to apply for recusal against the members of the collegial panel, clerks, prosecutors, and evaluators. β
At this time, the members of the collegial panel stood up one by one, reported their names, and assumed responsibility for this trial.
Plaintiff Liu Wu immediately glanced at the members of the collegial panel one by one and looked at them from beginning to end. The judges themselves did not recognize any of them, and immediately shook their heads and replied: "No, there is no need to apply for recusal,"
Immediately afterwards, the presiding judge, Zhuang Weiyan, shouted again, "The defendant soars the eagle!" β
"Hey!" The soaring eagle agreed weakly, and continued to droop its head, muttering with half-open and half-closed eyes; "She's dead! I killed ......."
"Yes, yes." The presiding judge, Zhuang Weiyan, did not say anything, he looked at the defendant, his attitude was honest, and he explained that he confessed to causing death, as for the posture, as long as he did not disturb the court, there was no need to blame the defendant's posture, because standing on the defendant's bench was not a glorious thing, as if he could not raise his head in front of everyone.
However, the suspect must also be informed that the law gives him the right to soar the eagle, and that "the defendant has the right to defend himself when he hears the facts that he is not satisfied with." β
"She's dead, I killed ......," the soaring eagle replied.
This sentence made the judges and the audience listen to the attitude of honesty and repentance, because they did not confess to the facts of the crime and admitted it again and again, as if they did not need a defense.
The presiding judge, Zhuang Weiyan, nodded, but despite this, the trial was conducted in accordance with the legal trial procedures, "Prosecutor Zhang Huaming read out the indictment below. β
At this time, prosecutor Zhang Huaming stood up and read out the indictment; "Plaintiff: Liu Wu, female, 61 years old. Residence: Farmhouse compound in Xijiao Village, Zhugen County.
Defendant: Ao Xiangying, now known as Soaring Eagle, male, 24 years old. Residence: Garden Community, Zhongzhou City, Building 80901, Unit 8, Room 4168.
Subject matter: Intentional injury.
Claim: The plaintiff, Liu Wu, asked the court to avenge the murdered daughter Liu Wufeiyang. The reading is over. β
Presiding Judge Zhuang Weiyan then announced: "There is a public prosecutor below who will continue to state the facts of the crime charged in the defendant's indictment. β
Prosecutor Zhang Huaming stood up again and first stated the facts and reasons: "The defendant Ao Xiangying and the victim Liu Xiang Feiyang were originally a pair of lovers, but because of some trivial matters, Liu Xiang Feiyang lost his feelings and proposed to break off the relationship, but the defendant Ao Xiangying refused. In the evening, the two discussed the breakup in a hut next to the fish pond in North Lake, and an argument broke out. He slammed him on the head from behind, killing him instantly. committed intentional homicide," prosecutor Zhang Huaming finished reading out.
The presiding judge, Zhuang Weiyan, questioned the defendant Ao Xiangying in court; "What do you disagree with the above allegations?"
The defendant Soaring Eagle nodded and admitted the facts, "She died, I killed her." β
Continue to half-close his eyes and mumble listlessly. He doesn't make any rebuttals and is very honest. Let all the spectators in the courtroom appear to be willing to bow to the law, agree to bear legal responsibility to the victim, and confess all the facts alleged.
The presiding judge, Zhuang Weiyan, saw that the defendant Ao Xiangying confessed to the facts of the crime. However, he is responsible to the defendant, loyal to the facts, and loyal to the requirements of the law. Or announced in court, "The following is the on-site debate and evidence collection of the defendant Ao Xiangying's intentional injury case,"
At this time, the defender Dai Liren raised his hand first, because he was also responsible for the defendant Ao Xiangying's not guilty defense. The party Soaring Eagle did not raise the matter of a defender, but in order to improve the procedure, the court specially appointed a defender Dai Liren for Ao Xiangying.
"What is the objection of the defender?" The presiding judge, Zhuang Weiyan, was originally going to follow the procedure, and the public prosecutor Zhang Huaming explained the investigation of the case, and when he saw the defender Dai Liren raise his hand, he agreed to speak first, which would have certain benefits for the trial of Ao Xiangying's case, and he nodded and agreed, "The defendant can be pleaded not guilty,"
Defender Dai Liren immediately stood up and raised three major questions about the Ao Xiangying intentional injury case, asking prosecutor Zhang Huaming to present evidence and explain, "The first point is questioning; Who can prove that the defendant soaring eagle and the victim catkins flying went to the thatched hut of the old lake in the north? The second point is questioning; Since the soaring eagle and the victim catkins are a pair of lovers, why kill her? What is the reason, the indictment says that they lost their feelings, who will prove that they lost their feelings? What are the manifestations? The third point is questioning; What evidence is there to determine that the murderer of the catkins is the soaring eagle? β