Chapter 129: Anger in court

All three parties to the trial were mentally prepared.

Meanwhile.

The trial was also a pressure on the members of the collegial panel themselves.

But fortunately, this trial involved the reversal of the case and major issues of criminal responsibility.

The members of the collegial panel of the Jiangdu High People's Court are to be the chief judge by the vice president of the Jiangdu High Court.

The rank of Vice-President serves as the Presiding Judge.

It's already a high match for the trial.

It is enough to show the importance attached to this case.

And in terms of the administrative level of the vice president of the Jiangdu High Court, there will be no major other situations.

This is also one of the factors that the Jiangdu High People's Court has taken into account in arranging for the vice president to serve as the presiding judge.

.

….….

The time soon came to about 9:40.

The relevant staff walked into the waiting room.

"Hello, the trial is about to start, please come with me."

"Okay."

Su Bai nodded, followed the staff into the trial scene, and Li Xuezhen followed Su Bai with a da.

The parties enter the courtroom.

It was close to ten o'clock.

Accompanied by the clerk announcing the discipline of the trial.

"One: ....."

"Two: ....."

"Three: ....."

"Four: ....."

β€œ.….….”

After the trial discipline was read out, the sentence said: "All stand up!" ”

"The presiding judge and the adjudicator are invited to enter the courtroom."

All members of the group stood up.

Clerk: "Presiding judge, all the staff have arrived, and the trial discipline has been read out, which is in line with the opening of the trial." ”

"Okay."

Knock knock!

On the presiding judge's seat, the presiding judge sounded the gavel!

"All of you, please be seated."

"Court opens!"

Presiding Judge Wang Jianjun sat down after ringing the gavel.

The two judges, Zhou Yun and Zhu Chaoyang, who were beside him, also sat down.

Boom.

After the presiding judge Wang Jianjun's voice fell, other people in the courtroom also sat in their seats.

Su Bai raised his head slightly.

Look at the presiding judge's seat.

This time, the collegial panel had a large lineup of members, one vice president, and two members of the adjudication committee.

In ordinary cases, the president or vice-president of the division is generally the presiding judge, which is already considered to be very important.

It can be seen.

The Jiangdu High People's Court attaches great importance to this case.

And with the lineup of the vice president of the Jiangdu High Court as the presiding judge, there will hardly be any other situations in the trial.

Like the last time Chu Lei's case was the case, it will not appear again.

Retract your gaze.

On the bench.

Presiding Judge Wang Jianjun slowly spoke:

"Now that the trial has been held, the following will check the information of the parties, and ask all parties to state the identities of the persons appearing in court."

"Ask the litigant to state the identity of the person who appeared in court."

Su Bai: "Okay, presiding judge." ”

At the trial, Su Bai presented the information stage.

Off-site.

Since it was a public trial, the trial was livestreamed.

In Luo Daxiang's live broadcast room, old fans excitedly played a barrage when they saw Su Bai, who was reporting the identity of the litigation party at the trial.

"Mr. Luo, this time the trial is lawyer Su again? I'm lost, it's exciting!! Lawyer Su's production must be a high-quality product, who is Lawyer Su going to send in this time? ”

"Hahaha, the impression is stereotypical, send people in, in line with the image of Lawyer Su!"

"When the newcomer is still asking who the lawyer in this trial is, the old fans are already looking forward to this trial, and what will happen after that!"

"Absolutely! If you can say this kind of thing upstairs, you obviously don't miss the trial of Lawyer Su..... hahahaha! ”

"Plus 1 plus 1, every time I watch Lawyer Su fight a lawsuit, especially the most anticipated part of the live trial, is to see who to send in..... and there is to anger the judge and other lawyers in court!"

"Yes, yes, ....."

"Okay, okay, let's not talk about it yet, I think the most important thing is not anything else, is to let Mr. Luo tell us about the specific situation of this trial first, we haven't figured out the specific situation of the trial yet, don't jump to conclusions."

"Yes, yes, this is the most important thing, Mr. Luo will talk about the specific situation.....

Luo Daxiang glanced at the content of the comment area with a smile and said:

"Hmm!"

"According to the usual practice, let's talk about the specific circumstances of this trial first."

"This trial is an old case."

"To put it simply, the old case is re-tried.... Help criminal suspects who have grievances to clear their crimes and overturn the case. ”

β€œ.….….”

Soon, Luo Daxiang made a general statement about what he had learned about this case.

After the statement is finished.

There were a lot of barrages in the comment area.

"No, this case, I feel that there is a problem, how can an eighteen-year-old person do such an impulsive thing and still kill people? ..... so daring? ”

"Who knows, it's normal for young people to be bold, but the key point is that Lin Haoxue did not admit his guilt in prison, and denied it in court, and his confession was repeated, I think this is the most interesting."

"Could it be a big mistake??"

"Hahaha, don't think nonsense, watch the trial, the trial is the most direct and clear!"

Luo Daxiang looked at the content in the comment area and nodded slightly:

"Yes.... The trial is the most intuitive and clear, and everyone can understand the content from the trial. ”

"Alright, let's move on."

.

….….

Other than that.

Jiangdu, in a small area.

Hu Yulong was also nervously watching the live broadcast of the trial.

If this case is overturned.....

It has a lot of influence on him.

That's why he was so nervous when he learned that the High Court was holding a retrial for the first time.

Because he knows what the hell is going on in this case....

"Heyβ€”"

Hu Yulong rubbed his eyebrows, took a deep breath, and stared at the live broadcast of the trial.

I'm afraid that something else will go wrong.

.

….…

On the court court.

Identity verification is complete.

Presiding Judge Wang Jianjun continued to speak:

"Identity verification completed."

"This trial is composed of a collegial panel composed of presiding judge Wang Jianjun, judge Zhou Yun, and judge Zhu Chaoyang.

Su Bai: "No objection, no application for recusal." ”

Yan Shang: "No objection, no application for recusal." ”

Kong Jiantu: "No objection, no application for recusal." ”

Knock knock!

Wang Jianjun continued to speak: "All parties have no objection and do not apply for recusal. ”

"The cause of the case is hereby announced:"

"The appellant in this case is Lin Haoxue, and the reason for the appeal is: it is determined that the first-instance judgment is erroneous, and a new judgment is requested, that the factual basis is problematic, that the evidence provided by the law enforcement party is wrong, and that the application for accountability."

"Is the cause of action true.....

Su Bai spoke: "It's true." ”

Knock knock!

"The cause of action is true, and the lawsuit is hereby filed with a claim."

"Attorney for the litigant, now you can begin to state your claim and factual basis.....

"Okay presiding judge."

"Presiding judge, before making a statement, I want to give a general description of the case and apply for a statement."

Knock knock!

"Yes, but you can't be objective, not based on facts, if there are false statements, the trial seat has the right to interrupt your statement and dismiss your lawsuit."

"Do you know this?"

"Okay presiding judge, I know."

After the application was approved, Su Bai took a deep breath and described the general process of the case.

"The case is about going through."

"Six years ago, our client, Lin Haoxue, was leaving home to go out to play with his classmates, and at about 9:20 in the evening, on the way home, he passed through an alley and found a female corpse."

"No surveillance, no cameras."

"After reporting the case, the police identified our party Lin Haoxue as a criminal suspect through investigation."

"The evidence for the determination is as follows:"

"First, the body was in the corner of the alley at that time, and the investigation found that there were several people coming and going, but no one found the body, but it was found by Lin Haoxue, thinking that this was a suspicious point."

"Second, Lin Haoxue had a wound on his body that day, and it was a scratch, so it was determined that the wound was caused by the victim's resistance."

"Third, there are doubts in Lin Haoxue's confession, and in the process of repeated questioning, the confession cannot be consistently spoken, so it is determined that Lin Haoxue's confession has certain problems."

"Fourth ....."

β€œ.….”

Regarding the accusations against Lin Haoxue and the incident at that time, Su Bai slowly opened his mouth and listed them one by one.

These are the doubts that have been found in the files of the first instance and the verdicts of the first instance.

There is no such thing as a false situation.

Then, after Su Bai finished speaking, he spoke again:

"Presiding Judge, based on the determination and judgment of our side in the first instance, we filed the following litigation application in the second instance."

"One: We believe that in the first-instance judgment, there is a lack of a large amount of strong evidence to judge Lin Haoxue, there is no strong evidence of the crime, and the first-instance judgment does not meet the provisions of the judgment."

"So. We applied to revoke the first-instance judgment and sentenced Lin Haoxue not guilty. ”

"2: In a large amount of evidence, we see that the evidence provided by some law enforcement parties is quite different from the facts, lacks a strong factual basis, and has a strong subjective determination, and we believe that the law enforcement party has a certain fault and needs to compensate us."

"Three: Because we were wrongly convicted, we were detained for six years and missed our own life, and we request the court of first instance to compensate us for our wrongful judgment, totaling 3,726,895 yuan and seven corners and eight cents."

"Four: ....."

The remaining points are applications for compensation and public apologies, and lawsuits for the restoration of reputation.

After the statement is finished.

Su Bai raised his head slightly and looked at the judgment table.

On the presiding judge's seat, Wang Jianjun frowned slightly.

He had already known the general story of the case beforehand.

I also understand that this case is a tricky case because there are other aspects involved.

That's why the court will let him, the vice president, sort out the case as the presiding judge

Let's look at it now

Su Bai put forward so many conditions for litigation.

If ordinary court staff are allowed to preside over the trial, they may not dare to make a direct judgment.

After listening to Su Bai's complaint, Wang Jianjun put the materials prepared in advance in front of him.

Followed by.

The gavel sounded.

Knock knock!

"The parties to the lawsuit have finished their case."

"Now I invite the prosecutor and the accused lawyer to make a statement."

"Now I ask the prosecutor to start the case."

Faced with the presiding judge's questioning, Kong Jiantu understood the case, and he didn't have much to say.

After all, it was a case six years ago, and he didn't participate in it, so it doesn't matter to him whether there is a problem in it.

He just needs to be neutral in the trial.

Kong Jiantu sorted out the materials of the case and spoke:

"The prosecution does have doubts in determining this case, but whether to revoke the first-instance judgment needs to be based on evidence and facts."

"The litigation party has completed its case."

Knock knock!

"Next, I would like to ask the lawyer representing the accused party to make a statement."

Yan Shang took a deep breath, and he didn't know how to judge this case.

But one thing is certain:

This case must not lead the question to them, saying that the evidence they provided is problematic.....

If the judgment of this problem is left to them, then the problem is big.

Yan glanced up at Su Bai in the seat of the litigant, and said slowly:

"I think the lawsuit against us is seriously unrealistic."

"The litigant found that we were negligent and at fault, and we do not agree with this."

"We apply for the dismissal of our accusation by the litigation party, and request that the litigation party apologize to us in court for seriously infringing on our image for our accusation."

Gee....

It's really tough!

Now this situation has been in this situation, and it is said that it has seriously affected your image, and apologized to you in court?

No....

If I don't have the evidence, or if there is some factual basis, do I dare to make such a claim in court?

Definitely not!

But you're going to make me apologize now?

Hiss....

Su Bai looked at Yan upward.... This kind of litigation request can be spoken, which is really powerful.

Thick-skinned.

But....

At present, the trial plea has not yet officially begun.

This kind of litigation claim made by the other party is within the normal scope.

But!

When it's time to plead, you can try again to see if your mouth is hard or my trial evidence is hard!

The three parties' litigation applications have been presented.

Bench on the judging table.

Wang Jianjun rang the gavel: "After the statements of all parties, we will now begin to present the factual basis and defense case." ”

"Litigation party, you have applied for innocence, now please state the reasons for your innocence."

"Okay presiding judge."

Su Bai nodded slightly, and then spoke.

"The reason for our acquittal is: the evidence is insufficient, and it cannot meet the requirements for convicting our client, Lin Haoxue, of the crime."

"In the face of the basis of the first-instance judgment and the entire matter, our side has already made a statement and will not continue to make a statement."

"Above."

"The circumstances of the case and the law enforcement side, and the evidence and factual basis provided cannot determine our guilt."

For example, the conditions for law enforcement to determine that we are a criminal suspect are: "

"We passed through that alley, and many of them passed by, but why did we only find the female corpse.... In this way, we are determined to be a criminal suspect. ”

"We don't agree with that."

"First of all, this practice does not conform to the legal basis, and the legal basis for accusing the suspect refers to the accusation with a factual basis."

"Sue us with the above statements. As a suspect, this is complete nonsense. ”

"We found a woman's corpse, and then? Others found that it may be that others did not pay attention, and we found that it may be that our usual walking habits are more careful, and there are no factual clues to confirm it, and I suspect that this is reasonable, but as an accusation, which domestic legal provision is this based on? ”

"It doesn't comply with any laws and regulations!"

"In addition, the accusation and prosecution in the first instance accused our client of violating the victim and brutally killing him,"

"I strongly disagree with this."

"According to the statement of the first-instance judgment, the determination that we have committed a crime is based on our confessions, as well as the side confessions of some other people, including some subjective judgments."

"But there is no strong evidence that we violated the victim and brutally killed him."

"Can the accused party show that we have strong evidence that we assaulted the victim and brutally killed him?"

"Nope!"

"Then why should it be handed over to the prosecution and prosecuted against us?"

"According to Article 55 of China's Criminal Procedure Law: Emphasis on evidence, light on confessions."

"Especially in the conviction of some of the most serious crimes."

"If there is no strong evidence to prove that there is a crime, then a verdict of acquittal should be made."

"Again!"

"The most important point is that our client's confession is repeated, and there is no confirmed confession, why should it be used as evidence in the trial?"

"Does this conform to the process and regulations of the court decision?"

"Presiding Judge, what we have referred to are the omissions in the first-instance judgment and the doubts in the file, and we have finished our statement."

After Su Bai finished his statement, he quietly looked at the seat on the judgment table.

This trial.

There is no doubt that Lin Haoxue will be acquitted.

But....

This case, which was heard six years ago, has many omissions.

Su Bai needs to slowly show these missing points.

Facing Su Bai's anger and questioning in court, Yan Shang rubbed his eyebrows.

It seems to be an extra headache.

As the lawyer of the accused party, his goal in the lawsuit is to make it impossible for the other party to win the case.

But look at the situation at the moment.....

Whether he can handle it or not is another matter....

He let out a long sigh.

Realize that you can only bite the bullet....

Yan looked at the materials in front of the seat, waiting for the presiding judge's question.

PS: Ask for a monthly pass....

(End of chapter)