After Ling Li finished reading the defense statement, Prosecutor Li expressed a supplementary opinion with contempt in his eyes: "I would like to draw the attention of the defendant's lawyer to the fact that the Criminal Procedure Law does not have special clear provisions on the subject of retrial, but only says that the whole case will be reviewed with reference to the second-instance trial procedures. There is no prohibition on the procuratorate not to raise a protest in the second instance and to raise a protest after it takes effect. Therefore, whether from the perspective of procedural law or substantive law, the grounds for protest in this case are valid. ”

This book is very angry, and as soon as it opens its mouth, it is the principle of criminal law moderation or the principle of criminal law that no sentence is increased on appeal, which may be a good example in a university classroom, but unfortunately, when it is put into litigation and substantive cases, it is just a castle in the air.

The basis of all defenses must still start with the law.

Judge Zhu, who presided over the case, nodded slightly, indeed, the procuratorate has the power to correct mistakes in the case, and the so-called duty of trial supervision is also reflected in this regard.

Then he looked at Ling Li: "Defendant's lawyer, do you have any additional opinions to express?" ”

"Presiding Judge," Ling Li looked sideways: "All in all, there was an error in the application of law in the first instance of this case, and because the defendant appealed in the second instance, the court and the procuratorate discovered this mistake at the same time. Based on the principle of not increasing the sentence on appeal, the second-instance trial made a detailed exposition at the time of the judgment, pointing out the mistakes of the first-instance trial, but also completely explaining the reasons for not increasing the sentence.

In short, there was nothing wrong with the second-instance trial in this case, and the so-called retrial, whether applied for by the defendant or initiated by the procuratorate in accordance with the trial supervision procedures, was aimed at the effective second-instance ruling, not the first-instance trial. On the premise that there is no error in the second-instance ruling, what should be tried in the retrial? Therefore, we believe that the prosecution's grounds for protest are untenable and request that it be dismissed. ”

Prosecutor Li was stunned, this was his negligence. The retrial was aimed at the second-instance judgment, and although there was an error in the sentencing in the substantive judgment, he really couldn't say what was wrong with the second-instance trial.

As the lawyer said, because of the special nature of the case and because of the restrictions on the procedure, there was no error in the ruling of the second instance.

Judge Zhu nodded involuntarily, which sounded quite reasonable.

originally thought that it was just a matter of going through the motions and holding a trial, after all, it was a sure thing that the case was lower than the statutory sentence, and the retrial and change of sentence was almost a foregone conclusion.

Unexpectedly, the defendant's lawyer actually chose such a defense point, and her supplementary opinions were more powerful than the crepe statements in the defense statement.

It's been a long time since I've come across such an interesting case......

It's just that the court investigation has not yet ended, so it seems a little too early to argue like this.

So, he looked at Ling Li: "Defendant's lawyer, is there any new evidence to submit?" ”

Ling Li lowered her eyes and looked at the stack of fingerprints that Yuan Gong had sent her a few days ago, and she was a little distracted.

When the presiding judge asked her again, she looked up and replied, "No." ”

Then, he put the pile of things silently in his bag.

Because there is no dispute about the facts of the case, they are basically facts confirmed in the first and second trials, and then the two sides directly enter the debate stage.

The prosecution did not publish any substantive arguments, and apparently did not keep up with Ling Li's defense ideas, so he could only hold the law and repeatedly recite the right of the procuratorate to initiate trial supervision procedures and initiate a retrial.

What they regard as the sword of the king is Article 389 of the judicial interpretation of the Criminal Procedure Law.

Item 3 of this article mentions that after a retrial case has been retried, if there is no error in the facts ascertained in the original judgment or ruling, but the application of law is wrong, or the sentencing is improper, the original judgment or ruling shall be revoked and the judgment changed in accordance with law.

Taken literally, it is true that when the procuratorate discovers an error in sentencing, it has the power to initiate the trial supervision procedure and bring the effective case to retrial.

And Ling Li, what she needs is for the other party to repeatedly emphasize this seemingly very strong law.

Because, the more strong you behave, the better I will pull the court to my side!

Ling Li picked up the stack of academic papers in her hand and began to read out: "The object of the retrial should be the effective judgment, and the content of the retrial is whether the effective judgment is correct. The original second-instance judgment was a comprehensive review of the first-instance judgment, and it pointed out the error, but the technical handling was made without increasing the sentence on appeal, which was in accordance with the law.

Therefore, in any case, the root cause of the flaws in the second-instance judgment document lies in the fact that the procuratorate itself did not raise a protest.

In my personal opinion, although the law stipulates that a retrial can be initiated after the judgment takes effect, I believe that in the second instance, the procuratorate has the right to protest but does not protest, and later protests through a retrial, which is a kind of use of the state's public power to make the already stable legal relationship in a state of instability again. Therefore, we insist that there was nothing wrong with the second instance and recommend that it be upheld. ”

The three judges of the collegial panel, even the one on the left side of the courtroom, an old judge who was about to retire who had been expressionless before, also had burning eyes at this time.

Yes, why did the procuratorate not protest when it found an error, and waited until the case took effect before applying for a retrial? What kind of GUI is this? Habitual waste of judicial resources? Habitual stabbing in the back?

Moreover, in fact, the judicial interpretation still restricts the procuratorate's power to protest, and there are two principles: the judgment must be changed and the sentence is unusually light.

Judge Zhu frowned slightly and fell into deep thought, this originally simple case seems to have become a dispute over the value orientation in criminal trials.

There can be no doubt that the prosecution has the power to initiate trial supervision proceedings. But can public authorities abuse their power?

The court of first instance was at fault, and the procuratorate was also at fault; The court of second instance was not at fault, but the procuratorate was at fault. Now that it is time for the retrial, if the procuratorate wants to correct its previous mistakes, it will have to revoke the results of the second trial, which was originally not wrong and was clearly explained regardless of the law or the facts?

The official statement is "affecting the stability of the referee", but if it is put on Judge Zhu, it is a stab in the back of Chi Guoguo.

For a moment, he suddenly had a feeling of hatred for the same enemy.

Prosecutor Li's face changed, and he obviously heard the voice of this large debate.

This little lawyer is not simple, just talk nonsense in a serious way, and he has learned to dial a thousand pounds. The provocation of this paragraph secretly pointed the contradiction between the prosecution and the defense, which were originally competing against each other, in another direction.

Looking at the expressions of the three people on the judgment seat, it seems that she was really moved by her.

Nima, even instigated the court to deal with the procuratorate? This hand is a bit cloudy.

Ling Lize, who finished reading the debate opinions, silently observed the expressions of everyone in the court.

The prosecutor's solemn brow locked into a caterpillar, and the three judges were clearly moved by her.

As for the clerk in his twenties, he couldn't hold his breath, and he seemed to agree with her point of view while nodding his head while recording just now.

It's as if she really chose the right point.

One complains that the other party has to make a lot of not guilty verdicts every year to slap the face, and the other complains that the evidence base is not solid, and we always wipe our butts, and once the judgment is wrong, we have to bear the black pot?

Therefore, she led the focus of the dispute in the case from the specific application of law to the conflict between the non-increase of sentences on appeal, the stability of adjudication and legal provisions, and the dispute between procedural justice and substantive justice.

At the same time, I also intentionally or unintentionally imply that the procuratorate was unkind in doing so, not only to my client, but also to your court, to revoke a second-instance ruling that was not erroneous.

It's a complete humiliation, okay? Your Excellency, can you bear with it?

Unlike Ling Li, who talked eloquently in court, Yuan Fei, who was hearing impaired, was like a clay statue during the entire trial, with no expression on his face and no move, as if the result of this trial had nothing to do with him at all.

Speaking of which, this is a very hateful scumbag, but he is also a poor person.

Two hours later, after the trial was completed, the judge announced an adjournment, and the retrial of Yuan Fei's child molestation case would be announced at a later date.

At the end of the trial, the clerk checked the transcript and asked the participants in the proceedings, and the prosecutor surnamed Li, who was against her just now, reversed the cold look he had at the beginning of the trial just now, and nodded to her with a smile: "Lawyer Ling, it's very powerful, I didn't expect this point to be argued like this, and I was taught today." ”

Ling Li raised her eyes and smiled at him.

It's just that, after all, their positions are different, and they don't communicate much anymore.

After confirming that the transcript was correct and signing, Ling Li began to collect the materials on the desktop.

When she touched the stack of materials again, her hand paused slightly.

The temptation was so great that it almost made her lose herself, but fortunately, she finally held on.

Out of the courtroom, Ling Li was a little surprised to see Qi Wan's figure leaning against the wall again.

Qi Wan raised the corners of her mouth and smiled proudly, the contempt in her eyes was unconcealed.

Ling Li let out a long sigh and took the initiative to walk up to her: "Qi Wan, you are really idle, you can still wait for two hours." ”

"Of course, after all, it's about our bets." She raised her eyebrows, and she was bound to win.

Ling Li raised her hand and stroked the somewhat scattered broken hair around her ears: "I know what you're waiting for, but I'm afraid I'm going to disappoint you." ”

Then, she took out the three ten-page testimonies from her file bag and handed them to her.

Seeing those testimonies, Qi Wan's expression changed significantly, and she subconsciously spoke: "Why didn't you submit it?" ”

Ling Li had long expected that these things were related to her, and pursed her lips: "I was still a little hesitant about whether these things should be brought up in the trial, but when I saw you making trouble today, I knew that I definitely couldn't hand them over." ”

didn't wait for Qi Wan to reply, she didn't need Qi Wan to reply, then took a deep breath and said slowly: "These things are actually half-truths and half-truths, except that there are two understanding agreements that are true, the testimony of the canteen administrator, and the last understanding agreement, you made people forge it, right?" ”

Qi Wan's complexion changed again.

Ling Li smiled: "If people don't know unless you do it, you disturbed the originally peaceful relationship between colleagues in the office, instigated me to oppose you, and instigated the family of the victim girl to come to the door to make trouble, forcing me to make a gambling contract with you." You are the agency to do your best, but it's a pity that in the end, I used too much force to keep me from being misled by you. ”

This is also the first time that Ling Li has broken back a plate, and at this time, she deliberately said it to stimulate the initiator, so that she knew that her wishful thinking had failed, and it tasted good.

So, it's better to make up for it.

So, she said again: "Qi Wan, your methods are also superb, and it didn't make me feel how noble Yuan Fei's parents were, and made me think that these two people were trying to save their youngest son, so they ran around for the eldest son who had not been cared for many years." I think you have really worked hard, knowing that my relatives have children with leukemia in their families, so topics such as what to change bone marrow can resonate with me very much, so that I can quickly put myself in the perspective of the Yuan family's parents. It's just that if it's fake, it's not true, and I finally see the flaw. ”

Qi Wan's face turned pale, and there was a trace of hatred in her eyes, but she still didn't say a word.

Ling Li raised the corners of her mouth and continued to say her inference: "Once I hand over these things to the court, I will definitely ask the procuratorate to apply for witnesses to cross-examine the evidence, and at that time, it is very likely that I will be prosecuted for perjury." You never cared if I won or lost this case, you just had to ask me to submit these pieces of evidence to the collegial panel with a desire to win. ”

"I didn't expect you to be smart once." Qi Wan gritted her teeth, and then said: "I think there are no loopholes anywhere, except for your unreasonable suspicions, there are flaws?" ”

"Absolutely." Ling Li looked at her steadily: "It's just, why should I tell you?" Tell you that after you continue to improve the means to harm others? ”