Chapter 304: Prosecution and Defense
Ling Li moved her lips, but she didn't dare to take it anymore.
Anyway, what she wanted to complain about had already been recognized by Zhu Jinchuan. Self-confessed facts do not need to be cross-examined, let alone debated.
She snickered in her heart, and pretended to bow her head honestly, and once again sorted out the order of what she wanted to do for a while.
The court is about to start, and Zhu Jinchuan doesn't seem to be nervous at all.
Of course, he almost gave up all the previous layouts, and waited for Yu Wenzhong to see for himself what kind of trap he had fallen into.
This trap was not dug by him, but that smart people calculate too much with each other, you hide it from me, I hide it from you, the lawyer does not have the ethics of a lawyer, and the client lacks honesty.
The so-called heaven has a way, and hell has no door, he really couldn't imagine that his counterattack against Qi Wan's previous calculations could actually attract Yu Wenzhong's revenge.
So I came to trouble Ling Li, so that the current situation was formed.
He probably thought that the defendant was just a tool that couldn't speak, but he didn't know that coupled with Ling Li, an alternative lawyer who was extremely persistent in the truth, it was like adding a catalyst to two substances that would not have reacted, which might cause an explosion.
A sneer appeared on the corner of Zhu Jinchuan's mouth, in short, he was relaxed today, just waiting to watch a good show.
Ling Li, who still has an important task for a while, is also unusually sober about the purpose to be achieved in today's trial.
She looked at the empty defender's seat across from her, a little unimpressed.
Yu Wenzhong seems to be still being interviewed outside the court. In this trial where the media heard about it, a heavyweight lawyer like him was naturally the protagonist.
And she and Zhu Jinchuan are naturally the most unpopular villains.
It's just that I don't know when the protagonist will find out about this scene, but there are several easter eggs buried in it.
After another half an hour of waiting, the trial finally began.
The auditorium was already densely packed with people, Ling Li knew that most of them were remembered, a small handful of deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference, and some of them seemed to be some experts and scholars.
It can be said that it is very grand.
Five minutes before the scheduled court time, Yu Wenzhong was late, sat down, spread out the materials, exchanged words with Qi Wan, and did not forget to greet the old acquaintances in the auditorium.
After that, the rules are read out, the defendant enters, and the collegial panel enters.
Zheng Qijie still looks like he was in the detention center, but his hair is freshly cut, and a layer of blue and black sharp hairlines almost sticking to his scalp is a little dazzling.
Unlike the three members of the collegial panel announced earlier, this time it was five judges who entered the court.
Ling Li received the notice of change of the collegial panel, and knew that today would be a rare five-member collegial panel.
Since Yu Wenzhong made a fuss about the occasion, the court collectively recused itself, and the Rudu Intermediate Court did not sit still, allowing him to stir up the topic with the rhythm.
Since you want to make a fuss and openly question the impartiality of the collegial panel in the media, then let's make a big fuss.
The five-member collegial panel, which used to appear almost exclusively in the circuit court configuration of the Supreme People's Court, now not only appears at the trial level of the intermediate court, but also the two members of the new collegial panel are both third-level senior judges, with the title of full-time member of the adjudication committee on their heads, senior trial experts, and both part-time master's tutors in colleges and universities.
Is this configuration and specification high?
can be called a luxurious lineup, and it also means that Yu Wenzhong is in the limelight.
This trick is still somewhat effective, at least the media has changed the direction of the wind, from the routine of publicizing Yu Wenzhong's background and battle deeds, and began to investigate the professional backgrounds of the five collegial panel members with great interest, especially the two senior judges with professional academic backgrounds.
With a gavel, the trial officially opened.
Ten minutes later, the public prosecution's indictment had been read out, and Ling Li read out the attached civil lawsuit.
After that, there is the investigation phase of the presiding judge.
Naturally, Zheng Qijie did not admit guilt and objected to the facts and charges charged in the indictment.
The next step is the prosecutor's questioning.
There are almost no valuable questions, Zheng Qijie has obviously been instructed by Yu Wenzhong, any questions related to the details of Tang Aoxue's disappearance are either "unclear" or "don't know" answers, completely empty eyes and relaxed attitude, not at all like a defendant who is being tried.
Instead, it's like a spectator who stays out of the matter.
As expected, nothing was found.
After asking the question, Wu Xun closed the information in his hand and was silent, his face could not show joy or anger.
Next, it was Yu Wenzhong's turn to play.
For Yu Wenzhong, who had been eager to try for a long time, he was already a little impatient after waiting for so long.
But after all, he has a lot of experience, and he has only experienced hundreds of court trials, and at this time, he only saw the excitement in his eyes, and he didn't reach the point where he couldn't control himself.
Presiding Judge Lan Gang announced: "The defense lawyer asks questions to the defendant. ”
I don't know if it was the presence of reporters, he was so eager to perform that he actually stood up.
Ling Li frowned.
It is important to know that without the permission of the presiding judge, participants in litigation are not allowed to stand up, walk around, or speak.
Yu Wenzhong has appeared in court so many times, it is impossible not to know this provision.
There must be a fraud.
Sure enough, a second before Lan Gang opened his mouth to let him sit down, Yu Wenzhong spoke first and spoke eloquently: "Presiding judge, I will now raise a jurisdictional objection to the court on behalf of our client. ”
"Jurisdictional objections?" Ling Li blinked her eyes and turned her head to look at Zhu Jinchuan, "There are also criminal proceedings?" ”
Zhu Jinchuan pursed his lips and replied in a low voice: "No, just listen to him." This drama spirit is still dying. Now the more drama he adds to himself, the more he can't come back if something happens after a while. ”
Like the reaction of the two of them, the auditorium also began to discuss.
Yu Wenzhong seemed to be very satisfied with the reaction at the scene, and saw that Lan Gang seemed to be shocked by his unusual application, and forgot to let him sit down, and he was even more secretly happy.
He coughed, cleared his throat, and began to talk: "The Criminal Procedure Law stipulates that criminal cases are under the jurisdiction of the people's court at the place where the crime was committed. The place where this case occurred is still unclear, and the judicial authorities have violated the provisions of the Criminal Procedure Law in handling this case, which is not conducive to my defense, so I raise a jurisdictional objection, and this case should be tried by another intermediate court. ”
Lan Gang obviously didn't expect him to come and mess around like this, and he really held his breath in his chest.
After the fuss, I avoided public opinion, and now I still have to raise jurisdictional objections.
Except that the reporters present are laymen, who does not know that the issue of the defendant's jurisdictional objection is already controversial?
He was about to open his mouth to dismiss, but he found that Ye Zhuan, who was sitting next to him, gave him a look, so he obediently shut up.
Seeing that Lan Gang did not respond, Yu Wenzhong continued to add: "My jurisdictional objection is also based on the purpose of social fairness and justice. This case is the focus of social attention, and some people have been building momentum to sentence our client to death. This is unduly unfriendly to the defendant. Being tried in such an environment is inhumane and in fact not conducive to guaranteeing a fair verdict. ”
The Ye special committee member who gave Lan Gang a look just now slowly spoke: "Let me make an explanation, the lawyer's legitimate practice rights and interests are protected by law and should not be harmed, I agree with Lawyer Yu's behavior of raising the right to object to jurisdiction, but here, I have to make an explanation to Lawyer Yu." ”
He pushed his reading glasses, looked down at the table, and read slowly: "Article 20 of the Criminal Procedure Law stipulates that the Intermediate People's Court has jurisdiction over the following first-instance criminal cases: (1) Cases of endangering national security or terrorist activities; (2) Cases where a sentence of life imprisonment or death might be given. Does Mr. Yu have any objections to this? ”
"Nope." Yu Wenzhong didn't know what he meant, but he also replied seriously.
"Okay, continue to the next article, you just mentioned, Article 24 of the Criminal Procedure Law, criminal cases are under the jurisdiction of the people's court at the place where the crime was committed. If it is more appropriate for the people's court for the defendant's place of residence to try the case, the people's court for the defendant's place of residence may have jurisdiction. Is there any objection to this article? He continued.
"Nope. This is the original text of the law. Yu Wenzhong shook his head.
"Okay, then tell me, which article in the Criminal Procedure Law and the Interpretation of the Criminal Procedure Law has an explanation of jurisdictional objections?"
Yu Wenzhong was obviously prepared for this issue, and he had an inevitable gaze in his eyes, and said: "Even if there are no relevant provisions, you can refer to the relevant provisions of the Civil Procedure Law." ”
Ye Zhuan continued slowly: "Well, Article 38 of the Civil Procedure Law stipulates that after the people's court accepts the case, if the parties have any objections to the jurisdiction, they shall raise them during the submission of the reply. The people's courts shall review the objections raised by the parties. where the objection is sustained, a ruling is made to transfer the case to a people's court with jurisdiction; If the objection is not sustained, a ruling is made to reject it. Therefore, this tribunal will not consider your jurisdictional objection. Do you understand? ”
Ling Li was a little dumbfounded.
Unlike the people in the auditorium who couldn't see the situation on the high judgment bench, she could see it clearly on the side of the judgment seat.
The man looked down at the table, but there was nothing on it except a pen and a blank piece of A4 paper.
However, he was able to talk eloquently about reciting one law after another, and even pointed out which one Yu Wenzhong was quoting.
She flipped through the Criminal Procedure Law in her hand again, and it was almost word-for-word.
Ling Li stared at the old man who didn't look amazing, isn't it, today I saw the legendary mobile encyclopedia?
Zhu Jinchuan also looks like a good show.
People walk a lot at night, and they will always bump into ghosts.
Yu Wenzhong's eyes are above the top, and he can still have some thoughts on academics in his early years, but in recent years, he has long been impetuous.
As for the Ye special committee on the stage, he is the living code of the Yudu Intermediate Court, a nerd who does not read books every day, and nothing else, on the fight of words, raising theories and oppressing people, Yu Wenzhong, who is good at catering to the era of self-media and using the post-truth society, is afraid that he is not an opponent.
Yu Wenzhong frowned and was still thinking about countermeasures, but Ling Li felt that his behavior of deliberately standing up in order to raise his aura and wanting to sit on an equal footing with the height of the judgment table made him look like a clown at this time.
She felt a pang of joy in her heart, but another new member of the collegial panel on the trial bench also began to express her opinion.
"For lawyers, the rule of law means that lawyers' legitimate practice rights and interests are protected by law and should not be harmed; But lawyers do not have special rights other than those provided for by law. With regard to the norms of conduct and punitive measures for the lawyers' profession, China's Lawyers Law and Practice Rules have provisions, and they will not be repeated here. ”
This female judge has a soft voice and is polite, but the content makes Yu Wenzhong like a man.
It's a pity that this matter is not over yet.
After the female judge finished speaking, Ye took the baton again and began to talk eloquently.
"After taking office, Minister Zhang of the Ministry of Justice put forward new requirements for lawyers to be strict and loving, requiring lawyers to keep the bottom line, not to use their status as lawyers to disrupt social order and undermine stability, and not to use their status as lawyers to collude confessions, make trouble, and interfere with judicial activities. In my opinion, we can come down and discuss whether to issue a judicial recommendation to the Gyeongju City Lawyers Association, suggesting that relevant lawyers should be urged to study the Criminal Procedure Law and related interpretations, and at the same time, strengthen the study and implementation of the spirit of Minister Zhang's speech, and it is best to organize special publicity activities to deepen understanding. ”
He spoke very slowly, and here he deliberately slowed down and increased his volume, and his voice echoed throughout the courtroom.