Chapter 072 Senior Counsel Wong Wai Chan

Once the judge's gavel falls, the case is a certainty, and the only way to continue to plead in court is to file a retrial with the higher people's court, and at that time, there will be uncontrollable factors in the case.

Under normal procedure, he would normally be kicked out if he did so, but upon questioning by the jurors he learned that it was a senior counsel, he looked at the trial judge.

The presiding judge also looked at Huang Weican, and even though he recognized him, he frowned, and said, "Lawyer Huang, do you have something?" ”

"Does he know you?" Song Boxian asked in a low voice.

Huang Weican ignored Song Boxian, slowly stood up, put his lawyer's card around his neck, and then cleared his throat: "Judge, jurors, Huang Weican, a senior barrister registered with Hanguang Law Firm, is here today to be entrusted by someone to be the defense lawyer for the suspect in this case, Xu Hong." ”

The courtroom began to talk like a hummingbird, and the presiding judge frowned when he heard this, and then knocked on the gavel: "Silence..."

Then he looked at Huang Weican: "Lawyer Huang, since you are entrusted by someone, why didn't you act as the defendant's defense lawyer at the beginning of the trial, but intervened to stop it when the court was about to pronounce the verdict, do you know your behavior This court can convict you of interfering with the court?" ”

Huang Weican arched his hand to the presiding judge: "Judge, according to the law, it is true that the crime of interfering with the court can be convicted of interfering with the court, but it is also in accordance with the procedure, according to Article 75, Paragraph 3 of the Criminal Law Amendment, the defense lawyer selected by the defendant can come forward to stop and retry the case before the gavel of the presiding judge falls. ”

The presiding judge was a little displeased when he heard this, but Huang Weican's identity was not simple, just the weight of the Hanguang Law Firm he was relying on was not ordinary in Daming, so at this moment he had to nod his head in a reluctant voice: "In line with the regulations..."

As he spoke, he looked at Xu Hong in the defendant's seat: "Defendant Xu Hong, this lawyer Huang was invited by your family?" ”

Xu Hong's wife and parents didn't know Huang Weican's origin, Xu Hong was about to shake his head, but saw Song Boxian suddenly stand up, seeing that the person who stopped him with a gun last night was present, Xu Hong was a little excited, but saw Song Boxian gently shaking his head towards him, and then nodded slowly.

Xu Hong saw this: "Law... Judge... Lawyer Huang defended me. ”

The judge nodded, and then allowed Mr. Wong to enter the trial.

Entering the defendant's defense seat, Huang Weican clenched his fists at the defense lawyer previously appointed by the procuratorate: "Lawyer Liu, I'm sorry..."

The lawyer surnamed Liu snorted, then got up and left, and sat in the auditorium, Huang Weican immediately entered the role, and spoke first: "Your Excellency, as the defendant's defense lawyer, I have three doubts to raise, and I hope that the jurors will give me an answer...

First, three people died at the scene of the crime, and the murder weapon was a folding fruit knife carried by Xu Hong, with a length of 10 centimeters, according to the standards of controlled knives in China, knives that were less than 15 centimeters did not belong to the category of controlled knives, and I saw in the analysis of the file that the police station designated this murder weapon as a controlled knife, and this obvious flaw can appear, I don't know if the procuratorate carefully reviewed this article when hearing the file;

Second, the procuratorate convicted us of intentional homicide, and I believe that the conviction was in an irregular manner, and the factors in this case were that victim A snatched Xu Hong's son as the cause, and victim B came forward to stop it, and victim C took the child from A's hands, which eventually led to the death of three people; Even if the procuratorate convicts, he can only be convicted of manslaughter, and according to the actual circumstances of the case, I believe that Xu Hong's crime will not lead to death;

Third, there is a big problem with Xu Hong's confession..."

Huang Weican picked up the dossier, one of the pages was Xu Hong's confession, and he held up the confession and said: "Your Excellency, jurors, the content of Article 1 of Chapter 1 of the first volume of the Criminal Law of the Ming Dynasty, is fair...

Article 1, paragraph 25, expressly provides for the judicial impartiality of the collection of evidence..."

As soon as these words came out, the presiding judge obviously hesitated, it was not that he had not read the file, there was official pressure on this case, and if there was a mistake in this matter, he could not escape the blame.

Huang Weican said again: "My client, the testimony is inconsistent, the first time to make a guilty confession was two hours after the incident, the location, in the Nanjing South Inner City Branch, the police officers who participated in the interrogation at that time were two auxiliary policemen, according to the interrogation procedure, when the suspect made a guilty confession, the police involved must be a formal police officer at the level of sergeant;

The second confession of guilt was in Nanwaicheng, that is, within the jurisdiction of Jiangning County, at the Jiangning Police Station;

According to the provisions of paragraph 25, all confessions of guilt made by suspects must be made in the detention center of the jurisdiction, and according to article 135 of the amendment to the Criminal Law, starting in 2020, any interrogation of suspects, including confessions of guilt, must be recorded in real time by video;

After I looked through the file, I found that the above articles I listed, the police station did not give a detailed explanation, the only video is the video of Xu Hong in the interrogation room of the South Inner City Branch, there are only two auxiliary police officers in the video, and the interrogation video in the Jiangning Police Station is not, it is completely a text description;

Judges, jurors, you are all from the law department, and the law knows better than me, and in this case, the operation of the police, including the prosecutor's office, is called 'procedural violation'...

Regardless of whether this matter is broadcast live or not, or if there is any external pressure, the two testimonies that appear in less than 24 hours can be called procedural violations, and according to the law, where the procedure is illegal, all the testimony and testimony made are invalid..."

Song was shocked because he had heard the term 'procedural illegality' for the first time, and for the first time learned that confessions of guilt could be dismissed in court using procedural illegality.

At this moment, Song Boxian looked at Huang Weican and felt that this person was full of righteous light.

The presiding judge frowned, he kept looking through the file, and Song Boxian obviously found that the judge's face was pale.

"Ahem," said the first juror, "Lawyer Huang..."

"Hello jurors..."

"Lawyer Huang, the facts of this case are simple, and there is the testimony and confession of the patrol sergeant at the time, the facts of this case are clear, Lawyer Huang, do you need to re-examine the file?"

Huang Weican smiled slightly: "Jurors, let me interrupt, not only are the facts of this case unclear, but even the procuratorate has major problems during the trial." ”

Facing the silence of the audience, Huang Weican continued: "The cause of the case was clearly expressed in my first question at the beginning, and to sum up, Xu Hong was completely justified in defense..."

"Lawyer Huang, Xu Hong still committed murder even though victim C begged him for mercy, this cannot constitute legitimate defense, but intentional homicide..."

The juror's words shocked Song Boxian, indeed, he was very clear about the situation at that time.

Just when he was worried about Huang Weican, Huang Weican smiled, and then bowed his hand to the juror who asked him and the judge on the high seat: "Judge, juror, first of all, at the moment when Xu Hong's child was taken away, victim A had already committed a crime, according to Article 89 of the Criminal Law, those who robbed children under the age of 10 or 12 on the street should be sentenced to 3 years, and this kind of behavior is the behavior of human traffickers hated by our Ming people;

During the time of the Holy Grandfather, the human traffickers were dealt with very hard, and to this day, the traffickers are sentenced to felonies of more than 5 years, and the parents concerned can exercise the unlimited right of justifiable defense as provided for in Article 20 of the Amendment to the Criminal Code for snatching a child under the age of three on the street;

Secondly, in response to the jurors' statement that the defense was excessive, I would like to answer the judge, the judge, and the jurors, why did Victim B intervene at this time to stop it? Anyone would think that he was an accomplice of A, and at this moment, Xu Hong stabbed victim B to death, which met the unlimited justifiable defense authority;

In the end, victim C was stabbed by Xu Hong despite begging for mercy, resulting in his final bleeding to death, and I also believe that Xu Hong met the requirements of legitimate self-defense. ”

At this moment, the presiding judge finally spoke: "No, according to the law, if the victim has already restrained his hands, the legitimate defense party may not continue to exercise the right of defense. ”

"Your Excellency Judge is right," Huang Weican echoed, and then said, "However, Your Honor, under the circumstances, I have reason to think that Victim C still has accomplices..."

As soon as these words came out, the audience was shocked, and the first juror said urgently: "It turns out that they don't have a fourth accomplice." ”

Huang Weican shook his head and smiled: "Under the circumstances...

Who can prove it? ”

When the judge heard this, he obviously had no way to answer, Huang Weican continued: "At that moment, my client Xu Hong thought of only one thing, that is, to protect the safety of his family, as a father, if he sees his son being snatched away in front of him, let me ask the judge, think about it, what should you do?" ”

The judge opened his mouth and asked, "Xu Hong, what did you think at that time?" ”

Xu Hong got the microphone and said in a trembling voice: "I just want to protect my son..."

"I heard that..."Huang Weican put his hands together: "This is a father's promise, he just wants to protect his son, as I said, if he didn't completely stop victim C at that time, if victim C called a fourth person or a fifth person from somewhere else, who would protect the safety of their father and son?" ”

"Who will protect them?"

This second question was shouted out by Huang Weican.

After saying these words, Huang Weican said loudly: "Based on the defense I made for Xu Hong before, our client Xu Hong is in line with legitimate defense, and I ask the judge to pronounce a fair verdict and acquit Xu Hong..."

This remark was so loud that everyone present secretly applauded, except, of course, the families of the traffickers.