Zhu Jinchuan's unhurried words made Ling Li's eyes light up when he heard it.

Combined with these new testimonies, if it is Qin Xinghai's parents who are quarreling after nine o'clock, then when the Qin family's father comes home, Qin Xinghai's mother is not dead.

In addition, if the father of the Qin family has a habit of gambling, maybe those counterfeit banknotes have something to do with him. If you have a dispute with your wife who wants money to save her son for this reason......

only felt that her heart was filled with huge surprises, and Ling Li almost jumped up with joy. It was easy to stabilize her emotions and sit steadily, she hooked the corners of her mouth and secretly thought to herself, as long as there is this suspicion, it cannot be determined that Qin Xinghai is the only suspect in this case, then he will definitely be found not guilty.

The prosecutor obviously thought of this, his eyes became more and more gloomy, his face was dark and gloomy, but he bit his lower lip white, and he looked very bad.

Zhu Jinchuan ignored the wonderful expression on his face, and only lightly tapped on the table to attract everyone to look at him, and his voice was clear: "Since it is not as formal as in court, I will first tell you my opinion on the current investigation." At present, there are witnesses who prove that Qin Xinghai's parents had a quarrel that night, and Mu Chu also said that the counterfeit money that day was not exchanged by him.

Qin's mother is a person who dotes on her son, she will not harm her son with counterfeit money, and the creditor does not need to do so. The people who have come into contact with those money, at present, only Father Qin. ”

After saying this long paragraph, Zhu Jinchuan looked around at everyone's expressions, paused for a while, and said: "I don't know why I changed the family's money, and when I went home, my wife asked where the money was, so there was a quarrel, and he has always had a tendency to domestic violence, whether he killed someone by mistake for a while, I don't know now."

It's just that if the evidence supports such a possibility, then this case does not meet the standard of eliminating all reasonable doubts, and Qin Xinghai should be innocent. ”

His reasoning was exactly what Ling Li was thinking. It is reasonable, and it is also in line with the character of everyone in the case so far, and it can better explain why Qin Xinghai did not admit guilt, repeated confessions, and inconsistent confessions.

"It's a win!" Ling Li thought secretly in her heart, and couldn't help but look sideways at Zhu Jinchuan, and under his quiet expression, she was actually in ecstasy.

The prosecutor was silent, and Shen Mu also seemed to sigh slightly.

However, it didn't take long for her to be proud, and Shen Mu suddenly spoke: "Lawyer Zhu, Shama Ayi is a witness you raised, and according to what you said, we have obtained her testimony." ”

Seeing Zhu Jinchuan nodding slightly, Shen Mu continued: "It's just that I don't know why you listed a patient with Alzheimer's disease on it. Luckily, we were lucky enough to have a normal conversation at the time. It's just that the next day, when we wanted to learn more about the case, she didn't remember anything. ”

Prosecutor Chen's expression relaxed for a moment, and after a few seconds, his face was full of ecstasy.

And the sudden reversal of the situation made Zhu Jinchuan and Ling Li stunned on the spot.

Shen Mu sighed lightly: "According to the law, Alzheimer's patients cannot be used as witnesses. Therefore, this testimony cannot be accepted by the collegial panel. ”

Zhu Jinchuan came back to his senses first, Rao is calm and self-controlled, and at this time it was inevitable that he would be a little out of shape, and his voice trembled slightly: "Then why, there was no testimony from this person in the first trial?" Was it deliberately concealed because her testimony could prove that Qin Xinghai did not kill anyone? ”

Shen Mu pressed his temples lightly, with some regret in his voice: "Zhu lawyer, you think too much." On this issue, I specifically asked the case handlers at the time. In the first trial, when the public security organs collected evidence in the first round, she was excluded as a witness because she had already behaved somewhat abnormally at that time. ”

Ling Li looked at the dark look in Zhu Jinchuan's eyes, as well as his tightly pursed lips, only to feel that his heart was blocked with a period of sluggishness and discomfort, incomparably aggrieved, and indescribable sourness.

Article 60 of the Criminal Procedure Law clearly stipulates that "persons who are physically or mentally handicapped or who are too young to distinguish between right and wrong and cannot express themselves correctly cannot be witnesses", and patients with Alzheimer's disease happen to fall into this category.

Seeing that the dawn was just around the corner, and seeing that Qin Xinghai's exoneration was close at hand, they didn't expect that what was waiting for them was such a reversal.

Obviously, so much effort has been made, and it is clear that the facts of the case have been revealed, but because it is blocked by the procedural law, a very crucial testimony can be seen and cannot be used. had to accept his fate, but he was wrapped in a burst of unwillingness.

Under such a heavy blow, after the exchange of evidence, Zhu Jinchuan still held on to express his opinions, but his voice was as flat as water, and he no longer had the original hesitation.

Ling Li was already stunned, her head was full of mush, she had completely lost her ability to think, and she couldn't even remember what the meeting was about afterwards.

On the way back from the court, Zhu Jinchuan drove the car, but comforted her: "Don't worry, there is still a way, and there is still some time." I didn't have time to take a closer look at it in a hurry just now, so let's take a closer look after we come down. ”

Seeing that Ling Li was biting his lip in a daze, obviously still a little uncompromising, he pulled the corners of his mouth and smiled: "Ling Li, one night overtime, I saw you collect the papers published by the members of the adjudication committee of the Provincial High Court. ”

Ling Li nodded, a little unsure of his intentions, and asked, "But, didn't you say it's useless?" Cases that do not involve the application of law will not be discussed by the adjudication committee. ”

Zhu Jinchuan nodded: "It was useless at the time, but now it may not be." ”

His words made Ling Li even more confused: "What's the difference?" Even if there are more witnesses, it doesn't involve the application of law, right? ”

Zhu Jinchuan saw that she really couldn't comprehend the mystery, and shook his head a little helplessly: "Originally, there was none, but now we need to have, so we have to create a problem of the application of law, understand?" ”

Seeing Ling Li's eyes widen instantly, he added: "You can go back and study that pile of papers carefully, find out what Shen Mu is interested in, and summarize the legal issues in this case that can rise to the theoretical field." ”

Ling Li began to swallow and vomit: "Master, I may not be able to do this matter." You know, I didn't have a bachelor's degree in law, and I'm afraid my theoretical foundation is too weak. ”

Zhu Jinchuan saw that her little face turned pale for a while, and he sighed again, rubbed his eyebrows, and said helplessly: "Okay, leave the things to me, and I'll do it." ”

Ling Li nodded a little confusedly. With her temporary academic level, it is difficult to read and understand those awkward articles with professional terms, let alone summarize and summarize controversial points.

It's not that she's trying to be lazy, it's that she's really overwhelmed.

The sky was already a little dark, but the well-defined side face and the faint light in his eyes were so clearly imprinted in her eyes and heart.

Ling Li lowered her head, silently clenched her fists, and secretly made up her mind that even if her ability was limited, she would make one last effort for this case.

A few days later, Ling Li put the two-page material in front of Shen Mou, took a step back, stood up straight, and said softly: "Judge Shen, if you don't go to court to testify, but find a professional organization, and at the same time choose a good time under the supervision of the three public prosecutors, procuratorates, and courts, to prove that the old man testified in a sober state, is this feasible?" ”

Shen Mu squinted slightly, as if he didn't listen to her words.

However, after dealing with each other frequently these days, Ling Li gradually understood that the serious judge in front of him was actually a businessman in Qin Xinghai's case, and he did not particularly favor one side or despise one party.

Sure enough, after about half a minute, Shen Mu turned his head and said to her: "The method you said is logically fine, but it cannot be ruled out that even if the old man seems to be awake, his memory has been deviated. Therefore, the law clearly stipulates that the testimony of people with Alzheimer's disease is not valid, and even if the circumstances of the case are special, it cannot break the prohibition of the law. ”

was rejected by the judge, in fact, it was also expected by Ling Li, and he was not so disappointed in his heart.

Zhu Jinchuan had already told her that such a method would not work, and that the court, as a judicial organ, was actually relatively conservative compared to the procuratorate, which often made breakthroughs in academic theory. If there is no support from legal provisions and judicial interpretations, judgments will never be made lightly.

It is precisely because of this that there are so many cases of mechanical justice that cause ridicule and are not the result of judgment.

Objectively speaking, based on the facts of the case, in accordance with the standards of the guiding opinions on the standardization of sentencing, the judge did not interfere with the outside world, did not accept any benefits, and did not have favoritism to a certain party, but made a judgment that was not recognized by the public and violated public common sense.

Compared with the free testimony that the judge can not supervise at will, it is still a rigid law, which is more reliable.

However, even though she knew that most of the work was useless, she still ran to the notary office, the court, and the hospital in the past two days, trying to find a feasible solution.

It's just that all this was done without Zhu Jinchuan. After returning from the court that day, Zhu Jinchuan began to actively prepare for the trial and tried to make a last-ditch effort.

It's just that she summarized and extracted the application of law in the case, and then pushed the case in the direction of the upper trial committee.

Everyone hoped that the case would be resolved in the collegial panel, and no one wanted to leave their fate in the hands of an uncertain majority of a mysterious group.

Is this kind of scholarly and bookish approach really feasible?

When Ling Li asked Zhu Jinchuan why he had to do this, he replied: "If you want a trial result that makes a breakthrough in the current law, ordinary judges and ordinary collegial panels cannot afford such a responsibility, nor do they have such courage, and only the collective resolution of the trial committee is possible." ”