Soon.....

Since the adjournment was announced, an hour has passed.

Under the standing of all the scribes.

The members of the collegial panel walked into the courtroom again.

In the adjournment stage, Wang Jianjun has finished sorting out the case.

And the trial and the approximate verdict have been determined.

Sitting in the presiding judge's seat, Wang Jianjun's eyes circled the trial, and then slowly spoke:

"At present, the trial of Lin Haoxue's second-instance verdict has been largely completed."

"Accused, can you provide the complete process of the DNA test report .....?"

In the face of Wang Jianjun's question, Yan Xiangxiang was silent for a few seconds, not knowing whether he should submit it or not.

Because once it's submitted.....

Then it may be questioned because of this submission process.

But if it is not submitted..... then there is no possibility of a reversal of the case.

If the court finds that the law enforcement party is negligent.....

So for their influence, it's too much.....

Faced with this situation, Yan Shang didn't know how to choose for a while.

After hesitating for dozens of seconds.

At this time, Wang Jianjun saw Yan Shang's hesitation and continued to ask.

It's just that this time the inquiry was much more serious than the last one.

"Accused, please answer the question."

In the face of Wang Jianjun's inquiry, Yan Shangxiang thought of a clever trick to shake the pot.

"Presiding Judge."

"Regarding the presiding judge's question, I did not have an in-depth understanding of the DNA testing process, so I could not give a reply in court.....

"Presiding judge, we apply to submit relevant materials and evidence after the trial."

Wang Jianjun: ???

How do you say that.....?

Submit evidence after the trial?

Don't you know that there is a certain timeliness for submitting evidence at trial?

Again.....

I've been the presiding judge for so many years, don't you think I can see .....it?

Wang Jianjun's expression was flat, knowing that Yan Xiang was careful in his heart.....

It is nothing more than that he intends to use this rhetoric to show that he has evidence and corresponding clues, so that he can take this into account when making a judgment.

But.....

Wang Jianjun still said the same sentence, how to judge, how to judge.....

What is the point of looking at the evidence in court, and whether the other evidence is looked at?

Even if he knew, he couldn't judge the authenticity of the evidence, so it was equivalent to saying that Yan Shang was playing a clever trick.

For this little cleverness, Wang Jianjun doesn't like it too much.

After frowning slightly, he rang the gavel.

Knock knock!

"Since the accused party cannot provide evidence in court, according to the rules of the trial, the evidence that cannot be verified from a legal source is determined to be invalid."

Knock knock!

"Do you have any comments from the accused.....

When he heard the verdict, Yan Xiang was stunned for a moment.

..... this determines .....?

"Presiding judge, we have objections..... we think this judgment is unreasonable, our DNA identification report is true, and we have proposed to submit the corresponding process evidence after the trial, why should we judge that our test report is invalid .....evidence?"

Hearing Yan Xiangxiang's words, Wang Jianjun didn't want to give face at all.

Don't you know why the DNA test report is invalid evidence?

However, Wang Jianjun, as the presiding judge, still gave an explanation.

"In accordance with article 52 of the Criminal Procedure Law, the understanding and application of evidence collected in accordance with law."

"The litigant party has questioned the source of your evidence, and there is a factual basis, and you cannot prove the legality of the source of evidence in court, and based on the above, it is determined that your evidence is invalid."

"If the accused has any factual basis that does not conform to any law or believes that the judgment does not comply with any law, it may raise it in court, and the court may adopt it if it finds it reasonable."

"The accused has objections to the above judgment, and now I ask the accused to present a rebuttal."

Yan Shang: .....

..... the rebuttal of the complaint?

How is this stated.....

Yan rubbed his eyebrows upward, realizing that what he had just said was too impulsive, leaving a bad impression on the presiding judge.

What can be said about the judgment that the DNA test report is invalid.....

In the subjective opinion of the presiding judge, it can be judged invalid, and of course, it can also be judged to be valid.

After all.....

DNA test report: This report is true.

Regardless of whether it is forgery or not, the other party cannot produce strong evidence to prove it.....

Although, the other party proved the source of the blood stains on his body.

However, the victim's fingernails did have Lin Haoxue's DNA remaining.

There is no doubt about this, and it is also the other side that needs to refute this.

This DNA can be derived from other sources, and of course, if this is to be determined, then the fact that the blood stains were determined in the first instance is not compatible.

However, this is not the most important thing, the most important thing is that the DNA of Lin Haoxue remains in the victim's nails is the factual basis.

The other side can not prove the words with strong facts.

It depends on the presiding judge's inclination to identify the DNA report.....

Therefore, he played a common trick to avoid this problem.

But I didn't expect ..... to pit myself into it.....

Wang Jianjun: Don't show off your little bit of caution.

I've tried so many big cases, and I've seen a lot of you..... do you have a problem?

Reasonable and legal, no questions asked!

Wang Jianjun will not lend a loan to this kind of cleverness!

On the judgment seat.

Looking at Yan Shangxiang without speaking, Wang Jianjun's expression was flat, and he continued to ask:

"Can the accused come up with a factual basis to prove that the collegial panel has a problem with this determination?"

Call.....

Yan Shang sighed: "Presiding judge, we can't, we don't have any objections to the collegial panel's decision." ”

Knock knock!

Wang Jianjun rang the gavel and spoke:

"The accused lawyer doesn't have any objections, so why did he raise a question just now.....

Knock knock!

"The prosecution's lawyer disrupted the progress of the trial process, and warned once!"

"Does the accused lawyer have any objection to this punishment?"

Yan Shang said that he was suffering from it, which was a clear punishment for him.

But is he angry?

Definitely gas.

But there is nothing that can be done about qi.....

nodded silently: "Presiding judge, we have no objection to this punishment." ”

Boom!

After Wang Jianjun rang the gavel, he nodded with satisfaction.

Then comes the court presentation.....

Boom!

"Do the parties disagree with the invalidity of the DNA evidence?"

The prosecution was the first to answer: "No objection." ”

Su Bai: "No objection. ”

Yan Shang: "No objection. ”

Knock knock!

"All parties to the litigation have no objection to this judgment, and the collegial panel has conducted a general review of the case, confirmed the basic facts, and now asks the parties to make a statement in court."

"Leave the prosecution to make a statement."

Kong Jiantu when he heard the court's statement.

He took a long breath.

After the statement, you should be able to eat melons.....

According to the content of this lawsuit, the impact of this case is not small.....

Fabricating evidence, accusing the death penalty, and submitting an application for the death penalty have the responsibility of supervision by the public prosecutors, procuratorates, and courts, and there is such a big mistake.

If approved by the Supreme People's Court.

Then this influence ..... simply amazing.

In fact, he had already been contacted before the trial.

Let him complain about this trial, and strive to maintain the first-instance verdict, and after the second trial, he will be rewarded.

Thinking of this, Kong Jiantu meditated, fortunately he stuck to his bottom line as a prosecutor and didn't get involved..... otherwise.....

Kong Jiantu shook his head slightly, and then looked at the judgment table.

"Presiding Judge, we give up our statement."

To be direct, simply not stated.

Knock knock!

"The prosecutor of the prosecution has waived his statement, and now I invite the accused to make a statement."

Yan Xiang knew in his heart that after the case reached the statement stage, it was judged that the evidence of the DNA test report was invalid, and now it is considered to be lost.

The most important thing now is to mitigate the wrongdoings accused by the other party.

After taking a deep breath.

Yan Shangshang began to make a statement:

"Presiding Judge, our court case is as follows:"

"We believe that the litigant has accused us of negligence. is at fault and does not actually have strong evidence for this view"

"In exercising its responsibilities, law enforcement parties take into account a number of issues."

"There is no single appearance to determine whether there is fault or not."

"Presiding Judge, we've finished our statement."

Yan Shang's statement was simple and clear, without saying any superfluous nonsense.

There is only one purpose for saying this.

And that's—

Presiding judge, don't patronize the judgment that our law enforcement side is at fault, and there are other parties.

Just because the other party has not made a complaint does not mean that it is not considered.

Yan Shangshang looked at Wang Jianjun's face, hoping to see the verdict from his face.

It's a pity that Wang Jianjun's face didn't have the slightest emotional change, which made Yan Shang unable to think about it at all.

Knock knock!

"The law enforcement party has finished its statement, and now the parties are invited to make statements."

After hearing the voice of the presiding judge, Lin Haoxue spoke:

"Presiding Judge, I have nothing to state."

"I just want to. The law can give me a fair verdict."

"Presiding Judge, I'm done.....

Boom!

"After the parties have finished their statements, does their agent have anything to add."

"Some presiding judges."

"Ask the party's agent to make a supplement."

"Good Presiding Judge"

Su Bai nodded and continued to speak:

"My addition is for the ..... of the law enforcement side stating that they are not negligent"

"I don't think this statement is appropriate for the law enforcement side....."

"First of all, the law enforcement side handed over Lin Haoxue to the prosecution before confirming the truth and facts of the evidence, and secondly, the law enforcement side seriously deviated from the procedure and there were serious problems."

"If it weren't for the fact that Lin Haoxue's testimony was not investigated, then how could Lin Haoxue be accused of assaulting women and killing people after committing .....the crime?"

"How can you be in prison for six years as an 18-year-old and just an adult, and miss out on life?"

"You must know that the case was originally charged with the death penalty, and an application for approval was submitted to the Supreme People's Court."

"If it is approved, then for Lin Haoxue, it will not be a missed six years of life, but a direct loss of life."

"Every unjust, false and wrongly decided case is a huge blow to the credibility of the verdict."

"If the law enforcement side verifies the evidence, does not violate the rules, and does not deviate from the procedures, then there will not be this unjust, false and wrongful case."

"Based on the above, we believe that the accused party has committed serious negligence and wrongdoing, and we must make a public apology and compensation!"

….…

After Su Bai's statement, outside the court, the comment area of the trial was livestreamed.

"That's right, that's great, if the law enforcement side is not at fault, then there will be no possibility of this unjust, false and wrongful case, and now it has been missed, what else is there to talk about? Admit your mistakes honestly and you're done! ”

"Admit your mistakes honestly and you're done? Brother upstairs, have you forgotten what the crime was charged with in the first place? The crime charged at the beginning was the death penalty! If it had not been rejected by the Supreme Court, then now .... Is it possible to conclude that the accused party committed intentional homicide? ”

"There is indeed a deliberate suspicion in this regard, but.... One thing to say, isn't it the responsibility of the prosecution to charge the death penalty? It doesn't seem to have much to do with the accused party, right? ”

"That's right! Therefore, the lawyer of the prosecution is very smart, he does not say a word in the whole process, he does not say a word of subjectivity, and the whole scene is, yes, yes, yes, honestly sitting in the prosecutor's seat, which is completely different from the previous aggressive state, with an attitude of listening to the presiding judge's verdict. ”

"Hahaha! As soon as you said this, I suddenly understood why the prosecution didn't speak, this is because I am afraid that the speed is pointing the finger at the prosecution? ”

"Indeed!! After hearing the explanations of the bigwigs, I reacted, it turned out that the reason why this public prosecutor didn't speak was here! ”

"Hahaha! It's absolutely stunning!! ”

“.….…”

In the comment area, there was a heated discussion about Yu Subai's court statement.

And at the same time.

Inside the courtroom.

After listening to the court statements of all parties, Wang Jianjun looked at Zhou Yun and Zhu Chaoyang.

Zhou Yun and Zhu Chaoyang nodded slightly and unified their opinions.

Seeing this, Wang Jianjun rang the gavel.

Knock knock!

"The parties have made statements in court, and the members of the collegial panel have understood."

"Now we are ready to announce the verdict."

Boom!

Wang Jianjun rang the gavel.

Clerk: "All stand up!" Please ask the presiding judge to announce the verdict of the trial! ”

Boom.

At the scene of the trial, everyone stood up, and Wang Jianjun held the verdict in his hand and began to read out the verdict.

"The cause of action in this case: The litigant was dissatisfied with Lin Manhao's application for revocation of the first-instance judgment to make a not-guilty defense, and found that the accused department was at fault in exercising its responsibilities, and applied for a public apology."

"This court has jurisdiction over the case and all applicable laws are in accordance with domestic law."

"The verdict is announced below:"

"According to the collegial panel's research decision, in response to the litigation party's application to revoke the first-instance judgment in Lin Haoxue's case and make a not-guilty defense, the judgment is as follows:"

"In response to the revocation of Lin Haoxue's judgment of the Jiangdu Intermediate Court of first instance."

The Jiangdu High People's Court, the court of second instance, found that:"

"In accordance with the provisions of the Code of Criminal Procedure, the provisions of Article 50 and the understanding and scope of the regulations applicable thereto and the scope of application of Article 55 of the Regulations on Light Confessions and Heavy Evidence:"

"In the first-instance judgment, the facts ascertained are inconsistent."

"The key points are as follows:"

"First: there is a major difference between Lin Haoxue's confession and the evidence submitted by the law enforcement party."

"Second: Lin Haoxue's confession has been repeated, and it has not yet been decided, and the judgment is made without determining the facts, which does not conform to the corresponding judgment process."

"Third: The relevant departments did not listen to Lin Haoxue's testimony and testimony, which is a serious violation, and Lin Haoxue came up with a factual basis to determine that the main evidence of the first instance and the DNA test report were invalid."

"Fourth: The litigation party submitted evidence on the identification of the source of the blood stains on Lin Haoxue's chest in the first instance, thus refuting the source of the blood stains identified in the first instance, and judging that the determination in the first instance was wrong."

"Fifth: ........."

In response to the inconsistencies in the facts, Wang Jianjun listed several items.

After the enumeration was completed, he looked up slightly at the seat of the party.

"Based on the above, it is determined that the first-instance judgment lacks factual basis, lacks legal basis, and lacks factual identification."

"The judgment of the second instance shall be revoked."

"Lin Haoxue was found not guilty and released in court!"

"At the same time, determine the amount of state compensation applied for by the litigation party!"

"The judgment is negligent in relation to the law enforcement party accused by the litigant."

"The court has determined that the law enforcement party did not determine the facts and transfer them to the prosecution based on the conditions of the criminal facts, the purpose of the criminal facts, and other factual basis, and there is indeed negligent conduct."

"Judgment, at that time, the relevant law enforcement units made a public apology to Lin Haoxue!"

"According to the provisions of China's procedural law, if the parties to the litigation find that the facts are wrong or the judgment is wrong, they may submit a review and supervision to the relevant departments after the court closes, or submit a request for retrial to the court at the next higher level."

"The verdict will be issued to the parties within 15 days of the closing of the court."

Boom!

The dull sound of the gavel echoed through the trial.

Broke the silence of the trial just now.

When the presiding judge announced the verdict just now.

The audience was silent, without a single sound, and they all wanted to know what the final verdict would be.

Now.

At the moment when the verdict was announced.

The various litigants at the trial, as well as the parties or relatives, have different reactions.

Li Xiangfang, who was in the seat of Lin Haoxue and his family, cried with joy that it had not been easy in the past six years.

After six years of perseverance, the court finally ushered in a just trial and acquitted.

Kong Jiantu, who was in the prosecution's seat, breathed a sigh of relief, and after the trial was over, he didn't have to worry about anything else.

Yan Shang, who was in the prosecution's seat, frowned, not knowing what he was thinking.

However, it is obvious that the eyes are full of worry about the outcome of the trial verdict.

And Su Bai and Li Xuezhen on the litigation side have different performances.

Su Bai breathed a sigh of relief, after the verdict of this case came out, there was no big problem.

It's a troublesome case.

The verdict has been decided, and it is easy!

Li Xuezhen has a happy face and bright eyes.

Call.

Win the case.

There is evidence to be submitted to the supervisory review.

+1+1+1+1+1+1.….

Flattered.....

PS: Ask for a monthly pass~

(End of chapter)