Chapter Seventy-Two: The End
Two days later, in the No. 11 trial court of the Funan High Court, the retrial of Qin Xinghai's intentional homicide case was held for the third time.
On the opposite side of the prosecution seat, the prosecutor was still making an impassioned statement, and the focus was naturally on the evidence re-collected by the collegial panel and the correction of the flaws in the prosecution's evidence pointed out in the complaint.
Zhu Jinchuan listened quietly, occasionally looking sideways at Ling Li who was sitting next to him.
After the trial, she didn't say a word, kept her eyes slightly down, and there was no expression on her face. It's just that she hasn't seen her for just two days, and she seems to have lost some weight.
The already thin little face became only the size of a palm, and the thick black hair was pinned behind the small earlobe, and then hung down the neck, drawing a smooth and soft arc. And the outline of her side face is more and more similar to Ling Ling in those years.
After all, they are sisters, even if they are not as glamorous as their sisters, but their delicate and small facial features are not covered by the bulky glasses, and they look more and more durable.
After the prosecutor finished his cross-examination opinions, Shen Mu looked at the defense bench and said, "Lawyer of the defendant in the original trial, is there anything else you need to add?" ”
Zhu Jinchuan didn't seem to hear it, and it wasn't until Shen Mu repeated the question twice that he woke up from a dream and said, "Presiding judge, I request that the evidence such as the on-site inspection records be re-examined. ”
The prosecutor was stunned and immediately objected: "The first and second trials have already been conducted, and there is no need to re-examine the evidence." ”
Zhu Jinchuan completely returned to the case, cleared his throat, and said: "Although it is still the original evidence, we have discovered some new information, and we have also made a PPT to compare several key evidence, which need to be shown to the court on the spot." ”
Shen Mu was silent for a few seconds and nodded: "Agree to the application." ”
The next half hour was completely Zhu Jinchuan's personal performance time, and from the comparison of the two fingerprints, the chain of evidence used by the procuratorate to decide the case was completely shattered.
Ling Li's unremitting efforts finally paid off, and she found the right point that night. The image she inadvertently enlarged allowed her to discover the few fingerprints taken at the scene of the crime, with subtle differences.
There are two fingerprints on Qin Xinghai's right index finger extracted from the banknote, and on the upper right side of the fingerprint, there is a very fine line, which vertically cuts off the vortex of Qin Xinghai's fingerprint.
The fingerprint of the index finger of the right hand from the handle of the knife is also very complete, and there is no such small crack.
According to Qin Xinghai's recollection, when he was taking drugs that day, his hand seemed to have been cut by the blade of one of the drug tools, he didn't pay attention at the time, and the bleeding quickly stopped.
It wasn't long before the creditor came to the door and asked him why he had used counterfeit money to pay off his debts, and he was still a little dazed at the time, but he did touch the money one by one.
Maybe there was some force when twisting the money, and some blood came out of the wound, or it was possible that the fingers were pasted with blood stains on other parts of his body, in short, the two fingerprints with Qin Xinghai's blood stains on the counterfeit coin were different from those on the handle of the kitchen knife.
According to the testimony of the creditor, when he came to question Qin Xinghai, Qin Xinghai's mother stood at the door as if she was stunned, but there was indeed no trace of injury.
After the PPT displayed in court was enlarged and compared with fingerprints over and over again, the context of Qin Xinghai's exoneration became clearer.
If the fingerprints on the kitchen knife were indeed left by Qin Xinghai when he committed the crime, then his fingerprints should have been scratched, why did he show a complete undamaged fingerprint on the handle of the kitchen knife that was identified as a tool for committing the crime?
So, the fingerprints are left in the wrong order. He had touched the kitchen knife without any injuries on his hands, had been injured on the night of the crime, touched the counterfeit money, and left bloody fingerprints.
The kitchen knife is a tool for committing the crime, but the fingerprints were not left by Qin Xinghai that night, and the prosecution's evidence is completely unreasonable.
Clear logic, perfect deduction, clean counterattack.
Zhu Jinchuan finally concluded: "The fingerprints on the handle of the kitchen knife were indeed left by the defendant in the original trial. However, as pointed out in the first and second trials, it is very normal for him to live at home, and it is very normal for the kitchen knife to have his fingerprints on it, and it is difficult to deduce why there are traces of the victim's blood.
I don't know what the reason for the bamboo stick that the defendant in the original trial said in his confession of guilt was never found. And the kitchen knife is not a tool for committing crimes. As for who the real culprit in this case is, I dare not speculate. It can only be said that whether it is Qin's father, who is usually used to violence against his family, who committed a crime of passion, or it is really Qin Xinghai, the defendant in the original trial of this case, who killed people and killed people, everything is possible.
However, the standard of evidence for a criminal verdict is beyond reasonable doubt, and since there are other possibilities in this case, the defendant in the original trial should be acquitted. ”
After this statement, the overall situation has been decided. was reversed again, and Prosecutor Chen seemed to have no strength to resist, so he just sat in his seat in a daze, not even wanting to turn over the case file again.
The subsequent debate session was stopped by the judge after only two rounds of hastily conducted, because it was clear enough about the fact that Qin Xinghai had killed anyone, and almost all of the prosecution's evidence was overturned.
After that, it's time for the final statement.
Shen Mu looked at the defense seat, and his voice was as serious and loud as ever: "The lawyer of the defendant in the original trial, please express your defense opinions." ”
Zhu Jinchuan was about to speak, but Ling Li took the first step, stood up and looked at Shen Mu with a sideways face: "Presiding Judge, can I stand up and speak?" ”
Shen Mu was slightly stunned, stunned flashed in his eyes, and said after a few seconds: "Yes, agree to apply." ”
Ling Li smiled at him, picked up a few pieces of paper with the defense statement written in his hand, but his eyes looked straight ahead, and began to express his defense opinions.
She was wearing a small suit carefully selected by Lu Xiaoxiao that day, and her slender figure looked slender and slender with her exquisite cut, while her black waterfall-like hair fell all over her shoulders, her light makeup matched with her bean paste-colored lips, and her capable and confident appearance was far from her image a month ago.
She spoke without hurry: "Regarding the facts and evidence of this case, lawyer Zhu has said enough just now, so I will not repeat it."
To put it simply, there are procedural flaws in this case, such as fatigue interrogation, inducing the defendant to make a confession of guilt, and the possibility of extorting confessions by torture, as well as substantive problems that the evidence is not conclusive, insufficient, and insufficient to determine that Qin Xinghai is the only criminal suspect. I very much support Lawyer Zhu's opinion just now, that is, the defendant Qin Xinghai in the original trial was acquitted. ”
Shen Mu nodded slightly, thinking that her statement was so simple, and was about to speak, but Ling Li had already continued:
"I once asked people which is more important, procedural justice or substantive justice. I was once asked the same question. Depending on the role, the answer may be different. I believe that everyone on the bench, the prosecutor opposite, the bailiff, the assistant, the clerk, everyone has different answers.
I don't know if you still remember, but more than a month ago, there was a case that attracted the attention of the whole country, and it was also in the first trial chamber of this court that the results of five trials in the past eight years were completely overturned. ”
Zhu Jinchuan squinted his eyes slightly, watching this big drama directed by him be staged.
The statement in this courtroom, the way she spoke, the speed of her speech, the length of her pauses, and even her body language, were all the result of his deliberate guidance.
She was afraid that she would hate him for this, but this clear, soft and eloquent voice, and the just right expression on her face, all showed the results of her efforts with him these days.
Slightly hooked at the corners of his mouth, he smiled almost invisibly.
Although I couldn't bear it in my heart, I felt guilty, and I knew that I would be blamed and misunderstood by her, but those bad emotions suddenly disappeared after seeing her make such a huge progress.
In the courtroom, Ling Li was still saying: "Yes, it is Zhong Chengheng's poisoning case." The huge state compensation of 30 million yuan proposed by him is also talked about by everyone. However, I think you must have forgotten the names of the victims. ”
She paused for a few seconds, and then seemed to say the four names softly without any emotion: "Ling Jiashu, Zhang Shouyu, Ling Ling, Ling Min." That's the name of the victim. ”
A gleam flashed in Shen Mu's eyes, and the prosecutor on the opposite side, who was originally a little sluggish, also sat up straight for a moment and began to listen carefully.
Ling Li paused, giving everyone enough time to react, and said with a smile after more than ten seconds: "My name is Ling Li, this smart character is exactly the smart and clever Li." Yes, the four victims of Zhong Chengheng's poisoning case are my family. ”
Rao is people in the court were mentally prepared and more or less guessed this answer, but hearing her say it with their own ears still had an earth-shattering effect, making the judges on the trial bench begin to turn their heads and ears.
Unfazed, she continued: "That year, I was only seventeen years old, and my family suddenly suffered a catastrophe and left, and I didn't even have time to say goodbye to them. I will never forget that experience.
Eight years on, I have stood here as a lawyer, defending the defendants in one criminal case after another. I don't want to talk about the hardships, contradictions, and struggles.
Perhaps what I just said has nothing to do with the current case, but what I want to say is that whether I am a so-called family member of the victim or not, since I am standing here, since we have all chosen law as a profession, then we should believe in it.
For prosecutors, we are opposed, and what you want to punish is exactly what we want to defend. As for the judges, you are neutral, in the middle, and do not listen to biased beliefs.
However, no matter what our position is, no matter whether our starting point is to punish crime or protect the interests of our clients, our efforts will lead to the same goal.
That is, to maintain the legal society that we have won with great difficulty, to safeguard the justice we hold in our hands, so that all judgments are not interfered by external forces and personal likes and dislikes, so that every case can be judged fairly. Let the illegal evidence be eliminated, the fruit of the poisonous tree will no longer grow, and the flower of evil will be prevented from blooming in the land of the rule of law. ”
After the final presentation, the collegial panel adjourned the hearing and the case will be handed down at a later date.