When the judge and prosecutor heard Sima Qiqi say this, they both looked at Sima Qiqi in surprise, and Sima Qiqi smiled and said: "Your Excellency, although our client cannot attend the hearing due to physical reasons, according to our conversation with the client, the defendant in this case, and the personal entrustment of the client, I speak on behalf of our client, and my client always insists that he forgot to pay the bill and not the theft in the prosecutor's statement. ”

When the prosecutor heard Sima Qiqi say this, a contemptuous smile appeared on his face. The judge heard Sima Qiqi say this, and asked slowly.

"Is the defense lawyer going to plead not guilty?"

Sima Qiqi was about to answer, but the prosecutor stood up and interrupted: "I'm sorry Your Excellency, Your Excellency, I'll interrupt. Defense lawyer, you should pay attention, if you represent your client in a not guilty defense, then if you fail, your client will face prison, now we have human and material evidence, such ironclad evidence is not to mention your Sima Da, I think even a stronger defense lawyer may overturn it, or honestly admit guilt, we can also help to intercede, so that your client's punishment is reduced. ”

Sima Qiqi smiled and said, "If your prosecution evidence witnesses are really flawless, I don't have anything to say, but let me remind you that if I find a loophole, it will slap you in the face." Don't talk too much, Your Excellency the Public Prosecutor. ”

When the prosecutor heard Sima Qiqi say this, his expression was very ugly, and he didn't want to talk to Sima Qiqi too much and sat back in his place.

The judge looked at Sima Qiqi as if he was seeking Sima Qiqi's answer, Sima Qiqi nodded and said, "Yes, Your Excellency, I want to defend my client's innocence." ”

The judge nodded and said: "Defense lawyer, since your client was not present, this court wants to confirm whether you have told your client whether you have told your client the relevant case to defend your innocence, and if you can't succeed, then there will be no reduction in the sentence at that time." ”

Sima Qiqi nodded and said: "This is natural, our client is aware of the relevant consequences that need to be borne if the defense of innocence fails." ”

When the judge heard Sima Qiqi say this, he said to himself: "Since you Sima Qiqi thinks too highly of yourself, I will see how you fall from the clouds." ”

Sima Qiqi saw the judge's mouth move, and asked with a smile, "Does Your Excellency the judge have any other instructions?" ”

The judge barely squeezed out a smile and said, "No, then conduct witness questioning and evidence presentation." Prosecutors, start with you. ”

The prosecutor stood up triumphantly and said, "Your Excellency, I request that the first witness of the prosecution be called, the clerk of the shop where the crime occurred, who witnessed the theft of the spectacle cloth by the defendant. ”

The judge nodded, and a clerk with dyed hair came to the courtroom witness stand and sat down, and the prosecutor began to question the clerk about the whole process from the defendant's abnormality to the discovery of the defendant's theft.

The clerk said slowly: "That day I was counting the goods in the store, looking at the out-of-stock goods, so that the supplier could send them, then I noticed the defendant, I saw that the defendant was dressed very high-end, I felt strange when I entered our cheap goods store, so I took a few more looks, then I found that he stopped next to the shelf of the glasses cloth, I saw that he was not wearing glasses, but he was holding the glasses cloth, I was curious, and after a while I saw him put the glasses cloth in his pocket, and then was about to leave, I called him and searched out the glasses cloth from him, But the defendant said that he forgot to pay, and I thought about it, but the boss had to call the police. ”

After listening to the clerk's statement, the prosecutor nodded with satisfaction, and the prosecutor looked at the judge and said confidently: "Your Excellency, I request that the No. 1 video evidence be presented in court to support the testimony of the witnesses. ”

The judge nodded in agreement, and the prosecutor played a video that was captured by the surveillance of the store where the crime occurred, in which the defendant Tang Wenjia appeared, only to see Tang Wenjia standing next to a shelf, as if looking for a product that he was satisfied with.

At this time, the prosecutor paused the video, looked at the clerk and asked, "Witness, may I ask you, is the shelf in the video the shelf where you put your glasses cloth, and is the man in the video the thief you caught red-handed?" ”

The clerk stared at the big screen, nodded for a long time and said: "Yes, it is the theft carried out by this man, the place where he is standing now is where we put the glasses cloth, although our glasses cloth is cheap, but there are various patterns on it, and the young people like it very much." So when I saw this uncle enter our store, I thought it was strange. ”

The prosecutor looked at the judge with a smile and said, "Your Excellency, there is no problem on our side. ”

The judge nodded slightly, and the judge looked at Sima Qiqi and asked, "Does the defense lawyer have any questions to ask the witnesses?" ”

Sima Qiqi slowly stood up and said, "Yes." Witness, I would like to ask you, are you staring at the man in the video from beginning to end, and you are paying attention to his every move? ”

When the clerk heard Sima Qiqi ask, he nodded blankly, and the prosecutor touched his chin to think about the purpose of Sima Qiqi's question, Sima Qiqi smiled and said, "Did you see the man in the video picking up a piece of glasses cloth and putting it in his bag?" ”

"Objection, Your Excellency, the witness has already stated the relevant matter, and there is no need to repeat the answer."

Before Sima Qiqi's words fell, the prosecutor had already stood up and objected, Sima Qiqi glanced at the prosecutor, it seemed that the prosecutor's behavior was all under her control, Sima Qiqi glanced at the judge, and the judge nodded when he heard the prosecutor's objection and looked at Sima Qiqi and said.

"Defense lawyer, the witness's statement has been explained in detail just now, and your repeated questioning is indeed a waste of court time, please pay attention."

Sima Qiqi heard the judge's admonition, nodded and said, "Your Excellency, I just asked the witness to make another confirmation, if the witness wants to change his words, then there is only this opportunity." ”

When the judge heard Sima Qiqi say this, he looked at Sima Qiqi with a puzzled expression and asked, "Why did the witness change his words, witness, is there a problem with your statement just now?" ”

When the clerk heard the judge ask, he thought for a while and said, "No, I should have finished speaking, there is nothing to add." Really Your Excellency, I really didn't add. ”

The judge looked at Sima Qiqi and asked, "Does the defense lawyer have any other questions to ask?" ”

Sima Qiqi nodded and said, "This is natural, witness, you said that you stared at the man in the video from beginning to end, in fact, you are lying." ”

The clerk and prosecutor were very surprised when they heard Sima Qiqi say this, and then they took out a USB flash drive and looked at the judge and said, "Your Excellency, I request to present the defense video evidence in court." ”

The judge hesitated for a moment, nodded slowly, Sima Qiqi played the video, it was the store where the crime occurred, but the angle was different from the surveillance angle taken out by the prosecutor, I saw that in the video, the defendant Tang Wenjia stood next to the shelf and picked up a piece of glasses cloth from time to time to observe carefully.

In just a minute or two, Tang Wenjia picked up four glasses cloth, and at this moment, Tang Wenjia picked up the mobile phone, and the other hand holding the glasses cloth naturally put it in the bag.

Sima Qiqi paused the video at this time, looked at the judge and said: "Your Excellency, it can be seen from our video evidence that our client, Mr. Tang Wenjia, selected more than one piece of glasses cloth in the store, and the witness actually did not keep staring at our client, so the credibility of the witness's testimony, I think there should be a question, the witness just saw our client put the glasses cloth in the bag and thought that our client was carrying out theft, but it can be seen from the video that our party should have a message on his mobile phone, My client actually put the glasses cloth in his pocket because he wanted to reply to the message, and then my client forgot about it. ”

"Your Excellency, this is my client's mobile phone message, in the video, the time when my client put the glasses cloth in his coat pocket is 15:32 in the afternoon, and this is the message that my client received on his mobile phone at that time. Your Excellency the Judge is invited to verify it. ”

Sima Qiqi handed an A4 piece of paper to the court staff, and the court staff respectfully put the A4 paper in front of the judge, and the judge looked at the content on it, which was a screenshot of the information, and the time above was exactly the same as the time in the video, and the judge motioned to the staff to take it to the prosecutor, and the prosecutor saw this document and quickly stood up and said with an unconvinced face: "Objection, Your Excellency, the evidence presented by the defense lawyer can only prove that the defendant received a message on his mobile phone at that time, Nor can it explain why the defendant put the glasses cloth in his pocket without paying. ”

Sima Qiqi heard the prosecutor's rebuttal, and said slowly: "Your Excellency, I think many people will have a situation where they turn around and forget. In psycho-behavioral science, this situation is because the current situation is not important, and the brain does not give the order for the eyes to enter the picture and store it in the hippocampus, which is what we commonly call not paying attention to it, so we turn around and forget. There is also the fact that one thing is being done, but because another thing is suddenly inserted, and the other thing is more important than the previous thing, the brain prioritizes the important thing and overrides the unimportant thing. This is the case of my client, because of the sudden appearance of this message, my client needs to reply to the message immediately, and forgot that the thing in his hand is a commodity, and put it in his pocket, and when the message is replied, because the brain temporarily covers the unimportant information, at this time my client naturally forgets that there is a commodity in his pocket that has not been paid. ”

When the judge heard Sima Qiqi's answer, he asked slowly: "Can the views put forward by the defense lawyer be supported by relevant materials?" ”

Sima Qiqi replied with a smile: "Yes, Professor Niu Erhe of Southwest University of Arts and Sciences mentioned the psychological manifestation of turning around and forgetting in the book "Our Daily Behavior Psychology". ”

Sima Qiqi said and took out a thick book, found the corresponding content and handed it to the staff, the staff took the book to the judge, and the judge saw that the place marked with a highlighter did have the behavior of turning around and forgetting mentioned by Sima Qiqi, and there was a relevant explanation.