Chapter 26 Suspension of Crime
Everyone's eyes were focused on Li Chao.
Lao Liu Huo raised his head and stared at Li Chao with a fierce gaze, his eyes full of hope and expectation. The bewildered family members of the deceased also cheered up and looked at Li Chao excitedly, they really couldn't accept that Liu Feiya was a shocking reversal of falling to her death.
The smile on the corner of Huang Yifeng's mouth froze, and he peeked at Li Chao uneasily. Huang Yifeng's relatives put away their cheering smiles, and turned to look surprised and apprehensive.
Defender Zhang Lianghan's face also became solemn. Huang Yifeng's incriminating confession had been excluded by using the principle of exclusion of illegal evidence, and the circumstantial evidence had been refuted by questioning witnesses.
The direct evidence of guilt was excluded, the indirect evidence that proved Huang Yifeng's guilt was overturned, the chain of evidence for the prosecution was broken, and when the positive shape was good, Li Chao suddenly presented new evidence.
This couldn't be tolerated, Zhang Lianghan immediately protested loudly, "Oppose, strongly oppose, criminal cases should collect relevant evidence in the investigation stage." We ask the court not to accept the evidence submitted by the agent ad litem. ”
Li Chao immediately refuted unceremoniously: "Defender, I would like to remind you to study the provisions of Article 192 of the Criminal Procedure Law of the People's Republic of China, which stipulates that during the trial, the parties, defenders, and agents ad litem have the right to apply for notification of new witnesses to appear in court, collect new physical evidence, and apply for re-appraisal or inquest. My presentation of new evidence as an agent ad litem during the court investigation phase was fully in accordance with the law. ”
The judge nodded and said, "Allow the agent ad litem to submit new physical evidence." ”
Zhang Lianghan pouted unwillingly, the variables came. Huang Yifeng's heart beat violently and uneasily.
Li Chao thanked the judge first, then glanced at Huang Yifeng coldly, and said sadly: "Before the trial, I didn't want to submit this physical evidence, because this physical evidence involves the personal dignity of the deceased and his relatives. I don't want the deceased to be left to feel the trampling she was subjected to before she died, and to hurt her a second time after she died. ”
"The defendant blindly quibbled and did not repent, in order to maintain fairness and justice, and in order to give justice to the deceased, he had no choice but to submit this set of physical evidence to the court."
Li Chao took out a glass box, and inside the box was closed a black stockings with an open crotch.
Li Chao held up the glass box and showed it to the members of the collegial panel, "Honorable presiding judge, judges, and people's assessors, these black silk stockings were worn by the deceased on the night of the incident. ”
As he spoke, Li Chao took out an inquest report with his other hand, raised his hand and said: "After the inquest, there are defendant Huang Yifeng's handprints and fingerprints on the crotch of this black* stocking. ”
Li Chao looked at Huang Yifeng coldly and said sharply: "That is to say, the defendant's hand touched the private parts of the deceased on the night of the incident and committed the offense. ”
"The defendant's handprint on the stockings directly proves that he had committed an act of aggression against the deceased that night!"
Lao Liu couldn't help but burst into tears and howled heartbreakingly, "My poor daughter! ”
The relatives of the deceased all glared at Huang Yifeng with angry faces, and several female family members couldn't help but shed tears.
The family members of the defendant were dumbfounded, how to quibble with such strong evidence in front of them.
Huang Yifeng glanced at Li Chao resentfully, his face was full of joy, and it was replaced by deep fear.
Zhang Lianghan also sighed helplessly, after receiving this case, he pondered repeatedly, grasped the breakthrough point that Captain Zhu of the Public Security Bureau had done something to Huang Yifeng, and carefully designed a defense strategy.
Starting with the principle of exclusion of illegal evidence, Huang Yifeng's guilty confession was excluded. The rest of the evidence is circumstantial evidence, and Zhang Lianghan skillfully uses various interrogation techniques to either overturn the evidence or transform the content of the evidence into Huang Yifeng's favor.
Originally, he was in control, and he was about to succeed, but he didn't want Li Chao to come up with direct evidence to strongly prove that Huang Yifeng had committed a crime.
Zhang Lianghan couldn't help but be impressed by Li Chao, this young man has been in the industry for a short time, but he has super ability to debate and control in court.
"The defendant cross-examined the new physical evidence submitted by the agent ad litem."
Zhang Lianghan could only reply in a vague manner: "This evidence can only prove that the defendant had physical contact with the deceased that night, and it cannot prove that the defendant committed the crime of *, let alone prove that Liu Feiya's fall was caused by the defendant's criminal acts." ”
Such empty arguments are not convincing.
"Does the defendant himself have anything to say about this evidence?"
Huang Yifeng raised his head excitedly and made a big fuss, "I didn't do anything to Liu Feiya, I just drank too much wine, accidentally slipped my hands, drinking, it is inevitable that there will be touches, this is just a coincidence, it can't prove anything." ”
With a "hum", the observers blew up the pot, and there are such shameless people. I touched the private parts of other girls, and said that my hands were slippery. This is bullying everyone's IQ.
Li Chao immediately refuted sternly: "Coincidentally asked the girl to drink, it happened that the girl was drunk, it happened that you went to help the girl, it happened that the girl grabbed your buttons, it happened that you accidentally slipped your hand, and it happened that you slipped to the girl's most secret place." There are so many coincidences in the world, and all of them are used by you to cover up your crimes. The handprints on the stockings clearly tell the world that you committed a crime against a girl! ”
Lao Liu also nodded excitedly, pointed at Huang Yifeng's nose with tears and scolded: "Stinky and shameless brute, slippery hands? You're an idiot for us! I can't wait to chop off your hands and underneath yours. ”
"Silence! Quiet! ”
The judge maintained order, the trial continued, and the defender suddenly lost his firepower and lost the taste of his previous pride.
Although Zhang Lianghan relied on the medical examination report and medical certificate to prove that the defendant's leg had been injured, the public security organs extorted a confession by torture during the investigation, and ruled out Huang Yifeng's guilty confession.
However, although Huang Yifeng's confession has no probative effect, Zhang Lianghan is unable to overturn the physical evidence provided by Li Chao, so Huang Yifeng cannot be exonerated from it.
During the debate stage, Zhang Lianghan was never able to overturn Li Chao's incriminating charges against Huang Yifeng. However, the experienced Zhang Lianghan came up with a new point of view to help Huang Yifeng reduce the punishment.
Zhang Lianghan expressed his opinion loudly: "Respected presiding judge and judge, as the defender of the defendant, I hereby express the following arguments: 1. The defendant did not commit a criminal act...... 2. Even if the defendant is convicted of rape, it is a suspension of rape. ”
"Liu Feiya, as a delicate girl, is already drunk. As a strong middle-aged man, if the defendant insists on committing rape, Liu Feiya will not be able to resist at all. The defendant has the ability to rape but does not continue to commit rape, so assuming that the defendant has committed the crime, it should also be found that the crime has been suspended. ”
"In accordance with the provisions of Article 24 of the Criminal Law of the People's Republic of China, in the course of committing a crime, the crime is suspended if the crime is automatically abandoned or the result of the crime is automatically and effectively prevented. Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted. For this reason, even if the defendant is convicted of rape, the punishment should be reduced to a maximum of three years imprisonment. ”
After Zhang Lianghan finished speaking, he glanced at Li Chao, and he and Li Chao debated the real chapter of this lawsuit. He was looking forward to how Li Chao would respond.