Chapter 420: Struggle
Three days later, the first trial of Nan Zhiyi's intentional homicide case began.
Ling Li knew that this was a trial that attracted the attention of the political and legal circles, and the media would also be present, but it was just a family matter related to Nan Zhijun, and if the result of the case really wanted to be reported, it would inevitably go through layers of approval.
Therefore, she is not so worried about public opinion, and she has no intention of dealing with the dozen or so reporters present.
She had enough things to worry about and didn't want to deal with people she didn't want to do.
Before the adjudicators enter the courtroom, the clerk checks the parties and the lawyers.
Nan Zhiyi had already entered the courtroom and sat in the defendant's bench facing the trial seat.
Ling Li looked at his side face in a daze.
He hadn't seen him for a week, and his hair seemed to have grown a little longer, and it was growing wildly unconvinced, as if he had a blackboard brush on his head.
Nanzhi is prone to a lot of hair, and the hair is hard and black, so if the hair is not well managed, it is easy to feel dirty. This is also the reason why when they were together during that time, Ling Li had to let him shave the hair on his temples.
He is now in the detention center, and naturally no one will worry about his hairstyle every day like Ling Li, and naturally he does not have the slightest image of Professor Nan, who was high-spirited at that time.
Fortunately, his beard is still cleanly shaved, and the white shirt and black trousers on his body also make him look a lot cleaner.
Such a decent appearance, at least it will not make people have the prejudice of being born criminals.
The clerk declares court discipline, stands up, and waits for the collegial panel to take its seat, and a trial should begin.
Unexpectedly, before the trial, Zhu Jinchuan suddenly submitted an application for a non-public trial, and the reason for the application for non-disclosure was that this case involved the defendant's privacy.
Not only was Ling Li puzzled by this application for a closed trial, but Nan Zhijun was also confused. Only Nan Zhiyi was not interrupted by this somewhat strange application, and was still immersed in his own world.
Zhu Jinchuan looked sideways, as if he was exchanging glances with Nan Zhijun with a questioning face, and after that, Nan Zhijun nodded slightly, and seemed to approve of his application.
A few seconds later, Zhu Jinchuan told Ling Li in a low voice: "This lawyer who is willing to represent the victim in this case free of charge is from a large law firm in the imperial capital, I am worried that someone wants to take the opportunity to make trouble, if there are reporters at the scene, if there is an emergency, we will be very passive." ”
It seems that Zhu Jinchuan made this decision because of prudence and trying to minimize the impact of the case.
The reason why it is the next policy is because of the particularity of this case.
This case is a special case, and the prosecution and preparation work in the early stage were all cautious, and it is an act that defies the condemnation of the whole world to raise a request for a closed trial at this juncture.
It is said that under the residual authority of the powerful court president, the court actively seeks the supervision of public opinion, so that this trial is not operated by the invisible black hand behind the scenes, which is a normal routine.
Zhu Jinchuan's application is doing the opposite.
Sure enough, the presiding judge pinched the application, with a look of six gods and no master on his face, and he looked a little uncaught.
After that, the collegial panel, which had finally come to its senses, deliberated for a few minutes, and finally decided to allow the trial to be held in private.
The prosecutor and assistant of the prosecution appeared in court and looked at each other, and before they could speak, the victim's lawyer was the first to speak out against it.
This person's surname is Chen, he is in a suit and leather shoes, his hair is not messy, he is a high-end lawyer, and in order to show the norms of the trial, he even wore a lawyer's robe.
His statement was brief, but to the point: "The application for a closed trial should be made before the pre-trial conference, and the defendant's application has exceeded the time limit. ”
Zhu Jinchuan was prepared: "The procedural law only says that it should be submitted within the time limit for the presentation of evidence, and the pretrial conference is not the end of the time limit for the presentation of evidence.
The lawyer was stunned, and it seemed that he couldn't distinguish the issue of the time limit for presenting evidence that Zhu Jinchuan said for a while, but he then looked at the trial seat and said in a respectful voice: "If the trial is not open, then please ask the collegial panel to explain the reasons for the closed trial."
The judge simply explained that it was because it involved personal privacy, and the lawyer still wanted to ask about it, and Zhu Jinchuan spoke: "Since it is a privacy that cannot be disclosed, it is natural that the specific reasons for not being disclosed can only be involved in the trial, and in the presence of other people who have nothing to do with this case, it must not be said, and I also ask the victim's lawyer not to dwell on this meaningless matter, otherwise it will be a waste of time." ”
The closed trial of the case was decided in this way, and the atmosphere in the courtroom also made Ling Li feel a little more relaxed.
Regardless of the reason for not making it public, the absence of a reporter at the trial can also relieve some pressure on the collegial panel and the prosecution and defense.
But when it came time to clear the field, it was difficult.
There is no doubt that the reporter will be invited out, and the relatives and friends of Nan Zhiyi's side who went to the scene to observe the scene include Nan Zhijun, Xie Wanlu, and Tian Zhengyan. Tian Zhengyan reconciled and left the courtroom cooperatively, but Nan Zhijun was reluctant to leave.
Nan Zhijun's face was slightly gloomy: "As the defendant's immediate family, I have the right to observe. ”
He said it with a straight and bold attitude, and he still had some immovable spirit, but no matter how strong his aura was, it couldn't cover up his strong words.
And this statement, which is obviously contrary to the current law, made the judge a little embarrassed, looked at Nan Zhijun, and then looked at the position of the defender of the victim's family, and stopped talking.
The judge pretended to be deaf and dumb, and the lawyer had to go on his own.
He put it bluntly: "The so-called closed trial is a trial in which no one else can be present except for the people involved in the litigation. Dean Nan, why do you bother the collegial panel? ”
Nan Zhijun's eyes were cloudy, and he said after a while: "The Criminal Law or the Criminal Procedure Law does not stipulate that the defendant's immediate family members cannot participate in the trial. In the absence of an express prohibition by law, the collegial panel may exercise its discretion on a case-by-case basis. Furthermore, with reference to the practice of Germany and France, which are also civil law systems, I believe that I have the right to observe the hearing for the following three reasons......
Nan Zhijun was talking, and the lawyer sat down silently.
Well, even if Dean Nan's specialty is in the field of civil and commercial law, it does not prevent the Criminal Procedure Law from coming out of his mouth. Regarding the fact that an unclosed trial can be dragged to Germany and France, and if it continues to be entangled like this, Dean Nan is afraid that he will be able to dictate a paper to come out.
He is self-aware, and naturally knows that this kind of person who is strong in both practice and theory is not easy to mess with, and if he continues to argue, he will be the one who will lose face sooner or later.
Although he didn't look for food in the land of Funan, he couldn't offend such a ruthless person - what if, due to a job transfer in a certain year and month, President Nan became the president of the high court in their place, or was suddenly transferred out of the court system and into the judicial administration system?
It just so happens that the Ministry of Justice is responsible for practicing lawyers.
Thinking of this, he made up his mind and decided to keep his mouth shut.
The victim's lawyer was silent, and the procuratorate turned a blind eye.
Such a case is without the media and the spectators of the melon-eating masses, and for the procuratorate, there are only benefits and no harms.
As for Nan Zhijun, if he has to stay for his younger brother, then stay, anyway, being caught by the central inspection team for this violation is just the bad luck of the court, and their public prosecution organs can be left alone.
Thus, a semi-public trial began.
Ling Li didn't expect that this case would be so entangled at the beginning, attracting all kinds of great gods to fight. It wasn't until the prosecutor began to read out the indictment that he still couldn't come back to his senses.
Fortunately, she returned to her normal state before the interrogation phase began.
The questions for interrogation had been prepared for a long time, and the dozen or so questions she listed in response to the procuratorate's five-page indictment were all very pertinent.
However, there was no way to ask it - Nan Zhiyi not only refused to answer the questions of the prosecution and the collegial panel, but even the questions she asked were answered with "I don't know" or "I forgot".
She had long expected that Nan Zhiyi would not say a word in the court, would not cooperate with the prosecution, and would not cooperate with the collegial panel's investigation.
When he was interrogated, he simply said three words, "not guilty", but he didn't know how much trouble his wayward actions would cause to Ling Li.
Fortunately, she had already prepared - she also prepared almost twenty pages of defense opinions, almost ten thousand words, condensing everything she wanted to say.
Even if the collegial panel wouldn't let her read it word for word, she could have tried again at that stage.
Because the exchange of evidence at the pretrial conference has already passed, the prosecution and defense have long been aware of the circumstances of the evidence.
First, the prosecutor appeared. In cases involving the brother of an important figure in the political and legal system, they are very cautious in their words and deeds, and as for the process of prosecuting the case, they will neither show mercy nor fall into the ground.
As early as before going to trial, Ling Li and Zhu Jinchuan analyzed that what they wanted to guard against this time was the victim's lawyer, whose litigation status was not so important.
Generally speaking, she can't make much splash, but Ling Li can't forget the lesson from the past - in Tang Aoxue's case, isn't it herself who turned the case upside down?
However, Ling Li originally thought that this lawyer would play some kind of trick, but unexpectedly, the lawyer who opposed the closed trial at the beginning of the trial turned out to be more low-key than the prosecutor, and in the investigation stage, he simply expressed his views on the evidence and completely relied on the evidence of the prosecution.
In short, he walked down completely unsteady, and there was no difference compared to other lawyers who went through the motions.
Ling Li questioned the current investigation records and autopsy reports one by one.
First of all, there are no eyewitnesses - no one saw Nan Zhiyi push Tao Yue to fall from the building, and Nan Zhiyi has repeatedly claimed that he did not do it, and the scratches on his hands are likely to have occurred when he had a dispute with Tao Yue before, and there is no evidence to prove that the scratching occurred at the moment of the fall.
Secondly, Nan Zhiyi had no motive to kill, and it was not reasonable to do it at that time. He didn't go home for seven days, he didn't know what was going on at home, and even if he wanted to deliberately commit suicide, he didn't have time to prepare.
What's more, before the crime, he had not closed his eyes for almost 24 hours, and he was physically and mentally exhausted, which can be seen from the fact that he had fallen asleep in the car since the police arrested him.
Again, it's about Tao Yue's medical record of depression. She has been taking antidepressant drugs for a long time, and Nan Zhiyi may have ignored her because of her busy work, plus she currently has other ingredients that cause depression and anxiety in her medicine for unknown reasons, it cannot be ruled out that there is a real culprit in this case.
Finally, it is about the guarantee given to Nan Zhiyi's character by Dr. Min and other witnesses.
This is already the extreme she can do without any objective evidence in her hands, as for whether she can break the evidence chain of the procuratorate, Ling Li is not at all sure.