In the reception room of the court, first-instance judge Liu Zhipeng looked at Li Chen's appeal and was extremely angry.

As a junior judge for more than 20 years, this is the first time that his professional competence has been questioned.

It's more like an inquiry, and it's more like an accusation.

Question 1, whether Liao Hongqiang was armed to gather a crowd to fight.

In this case, there were obvious discrepancies between the statements of the two parties.

In his confession, Liao Hongqiang denied his behavior of gathering a crowd to fight, claiming that he was holding a stick because of the threat brought by the unequal number of opponents, and that his classmates were pulling the fight and should not belong to the members of the crowd.

In the other party's confession, Liao Hongqiang and others all participated in the brawl, and everyone was armed with sticks, ranging in length.

When asked why they didn't call the police, they replied:

For fear of being held criminally responsible, there were no serious injuries.

The fact that the other party did not suffer minor injuries and did not report the case was the result of the interrogation of the criminal suspect by the Armed Forces Association department, and the criminal suspect and others gathered to fight had nothing directly related to the other case.

In other words:

The criminals were arrested for fighting with others, and during the interrogation, it was discovered that he had had a conflict with others a long time ago, and the Armed Forces Association also arrested the person who had clashed with them on the grounds that he had a conflict with this person many years ago and violated the law, is this reasonable?

The second issue is the substantive evidence of the crime.

In this case, the actual act of assault by both parties is only described by the confession of the other party.

In the description of the confession, there is no uniform confession for the length of the weapon.

Six suspects, six narratives, how long is the weapon?

Ten centimeters? Twenty centimeters? Or fifty centimeters?

Since there is a specific reference, as a law enforcement unit, does it need to produce corresponding evidence to prove that this case really happened?

The third issue is the period of recourse of the case.

The recourse period of the case is determined according to the consequences of the other party's actions.

It is calculated from the date on which the criminal suspect completes the crime.

More than ten years have passed since the police filed the case, and the Armed Forces Association department did not receive a report to file a case for investigation at that time, and Liao Hongqiang and others did not evade accountability through illegal means.

Given the provisions of the law on the tracing of cases, why would a case that may have occurred more than a decade later be pursued for legal responsibility?

The most terrible thing is the latter words, which almost says that they are judging the case randomly.

"Your appeal petition is too intense, isn't it?"

After reading Li Chen's appeal, Judge Liu looked at Li Chen and asked.

If this thing had been a hot-tempered judge, I'm afraid I wouldn't have been able to scold it a long time ago, right?

You are a lawyer, you will get away with criminals, why do you want to put hats on people's heads?

The law cannot be issued without authorization...

"Am I not telling the truth?"

Hearing this, Li Chen looked at the original trial judge opposite with an expressionless face.

He just let the other party see what he did and what case he judged.

Long Guo has clear provisions on appeals:

The appeal is filed in the trial court.

As to what is described in the appeal brief, the trial judge will see.

This is also very unreasonable.

To appeal is to be dissatisfied with the judgment of the local court, which is similar to suing the court.

As for the content of the appeal, the judge of the original trial court will see it, and even if you submit it directly to the higher trial court, they will send your content to the original trial court.

Perhaps that's why it's so hard to write about an appeal.

This thing...

It's not risk-free...

"Isn't that also a fact that the case happened?"

Judge Liu asked rhetorically, and Li Chen said, "How can you be sure that this matter is the truth?"

Relying solely on the confessions of both parties, there is no witness evidence, don't you think this case is a bit too reluctant? ”

"Also, the recourse period of the case, this case has obviously passed the statute of limitations, so he should not be investigated for criminal responsibility, right?"

"Your appeal can be entirely based on evidence, right?"

Judge Liu continued to ask, but Li Chen opened his mouth to ask: "Is it true that in the course of the trial of the case, you have no responsibility as the trial judge?"

You say there is a problem with my appeal brief, okay, then you tell me what is the problem with my appeal petition? ”

Judge Liu sighed helplessly when he heard this: "Okay, I know, you can go." ”

"Okay, Judge Liu."

Li Chen turned around and left the court, and Liu Zhipeng was the only one left in the reception room.

Looking at the appeal petition in his hand, I had a headache.

If this thing is handed in, 80 percent of it will be sent back for retrial.

"How did I get convicted?"

Liu Zhipeng had some doubts in his heart.

It seems to be...

Trust in the District Attorney's Office?

If the defendant admits that he has committed an illegal act, is it wrong to sentence him?

Never mind...

I don't want to do so much, and I have to hold a court session in the afternoon.

Thinking of this, Liu Zhipeng did not have too many doubts, but prepared to make two copies of the appeal, one to the prosecutor of the district prosecutor's office in charge of prosecution, and the other to keep by himself, and the original manuscript to his higher court.

As for what the higher courts should do, that was not a question for him to think about.

If you make a mistake, you have to admit it, and since you have done something wrong, you have to correct it, which is the responsibility that a judge should have.

District Attorney's Office.

Prosecutor Wang, who received the appeal from the trial court, couldn't help frowning when he looked at this copy.

He really didn't expect that the new lawyer found by the criminal suspect would be so bold and dare to openly accuse their law enforcement unit.

However, as far as the case itself is concerned, there is nothing wrong with the issues pointed out by the other party from the perspective of the criminal suspect.

Evidentiary issues, the recourse period of the case...

Think about this question from your own vantage point:

The suspect had been convicted before, just because he had not been found at the time.

Now that you've found out, you can't pretend you can't see it, right?

From my own point of view, there is not much of a problem with this matter.

After all, he had also asked him about his confession during the arraignment, and he himself said that there were any violations.

If you have organized and participated in a brawl, you must be punished by law.

Ordinary people often expect their law enforcement units to be fair and impartial.

In this matter, he is fair and just.

First of all, he didn't wronged a good person, so he shouldn't let go of any bad person.

Bringing criminals to justice is what their law enforcement units should do.

In the first instance, he had a very heated debate with the opposing lawyer.

A person who has broken the law should not ignore his criminal behavior because it has been a long time.

There is no retrospective period for crimes, and there should not be...

(End of chapter)