Chapter 24 Exclusion of Illegal Evidence

The defender asked Huang Yifeng: "Defendant, you said that the police handling the case tortured you to extract a confession, can you explain it in detail?" ”

Huang Yifeng seized the opportunity, and immediately complained with snot and tears, "Captain Zhu of the Criminal Investigation Brigade who handled the case asked me to explain the facts of the crime clearly. When I said I hadn't committed a crime, he threatened to break my leg if I didn't confess. I didn't commit a crime, what can I confess, I'll beg Captain Zhu to let me go. He was so angry that he smashed my leg with a stick. They beat me up and threatened me with a beating if I didn't confess, so I had no choice but to make up a confession to deceive them to save my life. ”

Huang Yifeng cried so miserably, the crowd of spectators was in an uproar again, Huang Yifeng's relatives quit, and shouted with righteous indignation.

The prosecutor urgently interjected and asked: "After you had a problem with your leg, our procuratorate immediately supervised and reviewed the investigation, and you personally admitted that you fell and injured yourself in the detention center, why did you say that you were injured by the police handling the case today?" ”

Huang Yifeng howled in pain: "Captain Zhu threatened me that if I talk nonsense, I will be beaten, and I will be beaten to death." At that time, I was still under the investigation of the Public Security Bureau, how dare I tell you the truth. When I arrived at the court today, I dared to tell the truth. Honorable Judge, you have to call the shots for me! ”

Defender Zhang Lianghan continued to ask: "Defendant, do you mean that all the guilty confessions you made were tortured to extract confessions, right?" ”

Huang Yifeng nodded hurriedly, "Yes, they forced me to write my confession." ”

The defender said to the judge: "Judge, my question is over!" ”

Lao Liu and they couldn't sit still, and Huang Yifeng was trying to turn the tables. Li Chao still sat calmly and confidently. The defender cast a show-off look, but Li Chao smiled faintly.

Li Chao guessed that the defender's intention was to use the principle of exclusion of illegal evidence to defend his innocence. Knowing the defender's intentions, Li Chao is still not afraid, because he believes in himself and believes in the law!

The trial continued, and the stage of presenting and cross-examining evidence began.

The prosecutor picked up a thick stack of evidence materials and said loudly: "The prosecutor submitted seven sets of evidence to the court, the first set of evidence is the witness testimony of four teachers and three girls who drank together that night, the content is that before the deceased went to the toilet that night, the defendant went out of the box to call the waiter to serve wine, and entered the box two minutes before the deceased fell to death, and when he entered the box, a button on his jacket was missing, proving that the defendant had time to commit the crime. ”

"The second set of evidence is the witness testimony of Chen Yan, a female college student who drank that night, who stated that the defendant asked her out to drink in September, took advantage of her drunkenness to open a room and had an improper sexual relationship with her, and that the defendant had told her before drinking that night that he wanted to get drunk with the deceased, and then sexually assaulted the deceased. Prove that the defendant had a motive and premeditated crime. ”

"The third set of evidence, the testimony of the hotel waiter's witness, is that at 11:20 p.m. on the night of the incident, the defendant asked him for a drink, after which the defendant left in the direction of the bathroom where the deceased went. Proof that the defendant had contact with the deceased. ”

"The fourth set of evidence showed a button on the coat worn by the defendant that night, with the fingerprints of the deceased on it. On the night of the incident, the defendant attempted to assault the deceased, and the deceased grabbed a button on the defendant's shirt while struggling, proving that the defendant had committed forcible rape. ”

"The fifth set of evidence is the witness testimony of a customer and photographs of the scene, the witness was dining at the Kempinski Hotel opposite that night, and witnessed the deceased climb onto the window, and then unfortunately fell to his death, proving the cause of Liu Feiya's death."

"The sixth group of evidence is a confession from the defendant himself, in which the defendant states the facts of the crime and confesses to the crime. Evidence of the defendant's details of the crime. ”

"In addition, because the defendant retracted his confession in court and accused the public security organs of extorting confessions by torture, our side supplemented the interrogation surveillance video and a copy of the defendant's injury report, stating that he was injured by falling and his leg during his detention, proving that the investigating agency did not extort a confession by torture and that the defendant's leg injury was caused by his own fall."

After the prosecutor submitted the evidence, the judge said: "The defendant cross-examined!" ”

Defender Zhang Lianghan immediately replied confidently: "We do not accept the seventh set of evidence, we cannot monitor it when it is not in the interrogation room during torture, and the injury report is also false. ”

"We do not accept the sixth set of evidence and request that it be excluded. The defendant's confession of guilt was obtained by the investigative organs through torture. According to Article 54 of the Criminal Law of the People's Republic of China, confessions of criminal suspects or defendants obtained 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. For this reason, the defendant's oral confession was excluded as illegal evidence. ”

"Regarding the four sets of evidence, we have already explained that when the defendant kindly supported Liu Feiya, he was unconsciously torn off by the drunk Liu Feiya. The prosecution arbitrarily believed that Liu Feiya grabbed it during the pulling, but judging from the body of the deceased, there was no trace of violent assault, so the prosecutor's assumption was not valid. ”

"We would like to emphasize that it is reasonable and legal for a teacher to support a drunk student out of concern for the student, so it is absurd to assume that the teacher has misbehaved. As soon as Peng Yu's case came out, the whole country did not dare to help the old lady who fell. If we assert that we have committed a crime by helping a drunk student, then the whole country will not dare to help a drunk person. ”

"There is no objection to the first set of evidence, but there is an objection to the content of the evidence, the defendant helped Liu Feiya when he went out to call for wine, but after Liu Feiya said that he was fine, the defendant left and returned to the box. The testimony of these people also proved that the defendant was already in the box when Liu Feiya fell from the building, which just shows that the defendant had nothing to do with Liu Feiya's death. ”

"As for the second, third, and fifth sets of evidence, we believe that they are all witness testimony, and in accordance with the law, witnesses should appear in court to testify and accept questions from the parties. We applied for the examination of witnesses. ”

The presiding judge replied: "Witnesses appear in court in turn to testify, and the defendant may question them." ”

During the time when the bailiff on duty went to bring the witness to court, the observers couldn't help but whisper again.

Zhang Lianghan's appearance is too strong, overturning almost all the evidence submitted by the prosecution, and making Huang Yifeng a completely innocent wrongdoer.

Huang Yifeng's family members were even more happy, and some people shouted aggrieved for Huang Yifeng, and encouraged Huang Yifeng with their eyes from time to time. He himself was even more proud, his face was happy, as if he was about to escape.

The family members of the deceased were confused, bitter and angry, and they couldn't figure out the truth of the matter for a while.

Lao Liu couldn't sit still, his old face trembled in pain, with anger and unwillingness in his eyes, and he suppressed his voice and asked Li Chao: "Lawyer Li, this bastard is reversing black and white and escaping responsibility!" I'm worried about ......"

Li Chao didn't move, and said calmly: "Lao Liu don't worry, he can't escape the punishment of the law!" ”

……

Dear friends, yesterday's collection was very fierce, and it rose by more than 20 collections in an hour. I hope today's collection is also powerful, and friends who see this book may wish to collect it! Thank you!