217. The principle of adjudication, is there no doubt about the guilt or never the guilt?
It's night.
Li Chen, who was lying on the bed in the hotel, tossed and turned, and found it difficult to sleep.
The source of this is the judgment of the first instance.
Once in his world, there were also many outrageous cases, and there were quite a few in this world.
The problem was corrected and exposed on the Internet, which made people angry but helpless.
There are many times when ordinary people can see the problem at a glance, but the law enforcement officer can't see it, why?
Why do people have such a desire for fairness and justice?
In a sense, in fact, I have seen a lot of unfair things.
He remembered a movie he had seen that had a very classic line in it:
I want to love my country, but who loves me?
No one wants to be an excesses, and the so-called excesses must be taken care of.
Iron or its own...
If there is no problem with law enforcement, then the problems or ridicule of other people are created out of nothing, then they are spies, and the purpose is to undermine social stability, and they must be arrested.
If......
While acting in accordance with the law, law enforcement units can also combine the actual situation of society...
It's going to be a lot better than it is now, right?
When the time came to the early hours of the morning, Li Chen also put down his mobile phone and prepared to rest.
All he can do is use his legal knowledge, combined with the fanatic system, to defend his clients and let them get the results they deserve...
Next.
At eight o'clock in the morning, the alarm clock went off.
Yawned, opened your eyes and turned off the alarm, ready to get up and wash.
Breakfast was very simple, a bowl of noodles with two tea eggs.
At half past eight, he walked out of the hotel with his relevant materials and took a taxi to the court.
After Li Chen got out of the car, he came to the gate of the court, where Zhao Yongjie and Liao Hongqiang's family members were waiting at the gate of the court, and they also greeted Li Chen when they saw him.
"Why don't you go in?"
Li Chen was a little speechless when he saw a few of them waiting at the door.
Aren't you waiting for me at the door?
"It's still early, you can still smoke a cigarette outside."
When Zhao Yongjie heard this, he smiled and handed one to Li Chen: "Do you want one?" ”
Seeing this, Li Chen shook his head and said, "I don't smoke. ”
I have had the experience of being scolded by readers before, and this thing has become taboo...
Untouchable...
Seeing that Li Chen didn't answer, Zhao Yongjie naturally took the cigarette back.
He didn't smoke this thing before...
Later, when I stepped into the rivers and lakes, I also got into bad habits...
Shoring out the cigarette, throwing it into the smoke extinguishing place of the trash can, he walked back and looked at a few people and said, "Let's go in and wait." ”
Originally, they were waiting for Li Chen, but now that the people are here, there is no need to continue waiting outside.
"Okay."
Li Chen saw him snuff out his cigarette and took his briefcase and prepared to walk in.
Several people walked into the courtroom one after another and waited at the door of the twenty-third courtroom.
At 8:50, the door of the courtroom was opened, and Li Chen and the others walked into the courtroom.
Liao Hongqiang's wife and parents were very nervous, and they didn't know if the two lawyers could win the lawsuit for them.
At nine o'clock, as the clerk finished reading out the order of the trial, the three trial judges also entered the courtroom together.
Judge Liu, who was sitting in the presiding judge's seat, began to hammer:
"At the request of the appellant...... Our court received instructions from a higher court to reopen an open trial of the case of the defendant Liao Hongqiang organizing an armed crowd to fight. ”
"Execute the bailiff and unload the weapons of the criminal suspect Liao Hongqiang."
When the bailiff heard this, he began to uncuff him.
Liao Hongqiang, who was handcuffed, sat in the dock with a natural expression, and he was also used to this environment...
The next step is to go through the process.
In the first instance, Zhao Yongjie had expressed his defense opinions, but now that the original trial is being re-tried, he is no longer expressing his defense opinions, and Li Chen is the only one to do so.
When Li Chen heard this, he also began to express his defense opinions: "My defense opinions have three points.
First, whether there is a fact of armed fighting.
In this case, there were only confessions from both parties, but there was a paucity of evidence. ”
When the trial opened, Li Chen also gave them a face, and he didn't say anything too seriously...
"From the other party's confession, there is no unified statement about the weapons held by Liao Hongqiang, and there are six people and six kinds of statements, which is obviously not in line with common sense.
He Liao Hongqiang is not a three-headed and six-armed monster, how can he hold weapons ranging from 10 to 50 centimeters at the same time?
This is the first point of doubt, and the second point is about the identification of the murder weapon.
There is a saying about the department of the armed forces:
Liao Hongqiang was armed with a stick to carry out the brawl with others, so he took out his murder weapon to prove that Liao Hongqiang did indeed beat others with the murder weapon.
The third point of doubt is whether the other party is injured.
Liao Hongqiang held a weapon in his hand, but the other party didn't take it.
Liao Hongqiang, who was angry, did it to others, and what consequences did it bring?
Liao Hongqiang took a stick to do it to others, it can't be without any consequences, right?
This is my first point of defence, which is that there is no such thing as a beating. ”
"The second defense point is the prosecution period of the case.
Liao Hongqiang's armed brawl case happened more than 10 years ago, when the personnel of both sides did not report to the police, and Liao Hongqiang did not evade responsibility, so whether there is a relevant legal basis to support the issue of pursuing him more than ten years later.
He is not involved in crime and evil, nor is he a provocation.
The cause of the case was that his younger brother was beaten by others, and when he was angry, he had the move to ask for an explanation, and that's it. ”
"The third defense opinion is whether the principle of trial is whether there is no doubt about the guilt or no guilt in doubt.
In the case, just relying on the other party's confession description, the case from more than ten years ago can be turned over, and Liao Hongqiang was sentenced without sufficient evidence, which is a bit unbelievable. ”
He's not a vicious gangster, so why do you want to mess with people like this?
"Regarding your defense opinions, the presiding judge knows about it, and does he have any other defense opinions?"
The presiding judge questioned him, while the clerk in charge of the record stared silently at his computer.
Well.........
The first two points have been said before, so there is no need to record them, and the third point...
"Nope."
After expressing his defense opinions, Li Chen looked at the prosecutor opposite.
He was a little curious.
What exactly will the other person say?
Will you continue to insist on convicting Liao Hongqiang, or will you give up resistance?
No matter how serious they looked at each other...
It is estimated that it will still stick to the last remarks.
After all, isn't the basis for his prosecution that Liao Hongqiang admitted his illegal acts...
The other side.
Prosecutor Wang, who was in charge of the prosecution, was also ready to argue with Li Chen after listening to his defense opinions...
This is a matter of principle, even if you lose...
(End of chapter)