Chapter 230: The Evidence Is Complete! The number of additional public prosecutions, five!
Su Bai challenged and determined that the evidence was insufficient and that relevant evidence materials needed to be supplemented.
Prosecutors investigated the following evidence.
First, the focus on the three perpetrators Xu Feng, Li Tao, and Zhang Manlei conducted a focused review.
The main question was about what happened during his detention.
The three of them must be very clear about this matter, but they don't want to say it, and they haven't been able to review it.
Second, it is to find the surveillance video at the time and see what happened at that time in the surveillance.
Third, it is to look for physical evidence.
The physical evidence was the wooden stick that hit Lin Dong at that time.
These three points are the key supplementary evidence.
During the review of evidence, Su Bai also participated in it, and followed Prosecutor Li Xiaorong to a lot of places.
But the most important thing was to go to the police station that was guarding Lin Dong and others at that time.
Ask the director and the others what happened.
The head of the police station was a man of about 50 years old named Li Xiong.
Facing Li Xiaorong and Su Bai, two people came to the faction and wanted to meet the director Li Xiong, and took a look at the surveillance video at that time.
I've seen it, I've seen it.
The other party also gave a lot of face, brought the two into the office, poured a cup of tea and let the two wait slowly.
I waited for about two hours.
Li Xiong asked people to take the surveillance video at that time, but when Li Xiaorong checked it, the whole person was stunned.
CCTV footage....?
The picture in the surveillance video is crooked!
It can be seen that during the entire process of surveillance video at that time, only the soles of the feet, that is, the shoes of the people, were photographed.
I can't see what happened at that time.
Li Xiaorong frowned slightly: "This. Surveillance footage? ”
Li Xiong pretended to be angry on his face: "This surveillance video, we don't usually watch it much, I don't know when the surveillance was broken!" ”
"There's only so much to see now."
"No way"
"We'll be sure to pay attention to this situation next time, there will definitely be no surprises, this time it was our mistake, but this should also be used as evidence, right?"
It should also be used as evidence....
Hearing this, Li Xiaorong didn't say anything more.
How to say it
He can't say this kind of thing, after all, you want the surveillance video, and someone gave it, right?
With you, it's no wonder that the rest of the surveillance footage can't be captured!
Right?
What's wrong with that? There's nothing wrong with it at all.
Li Xiaorong also showed Su Bai the relevant evidence.
After reading it, Su Bai:
Surveillance footage, as the most intuitive and direct evidence, is directly lost?
No, it's not a direct loss, it's equivalent to a direct loss, because people have cooperated with your work, but there is nothing in the monitoring, who can blame it?
Let's just say that the cooperation work is not in place.
Just put it in place.
If the most direct evidence is not obtained, it is relatively difficult to get the physical evidence and make a breakthrough from the confessions of Xu Feng and others.
.
….
The two walked together.
Li Xiaorong kept complaining: "Lawyer Su's case is very difficult!" ”
"Based on the current confession and direct evidence, it is completely possible to make a judgment!"
“.”
Su Bai smiled and spoke, it was obvious that Li Xiaorong was a prosecutor in charge, and he might be a little tired after working for a long time.
So he opened his mouth and explained: "Inspector Li."
"It's not that I have to worry about this, but I want to give an explanation to my client."
"Let's not talk about anything else."
"There's a significant difference between striking with a weapon and not being armed, right?"
"The wooden stick is the main physical evidence, if Xu Feng and others change their confessions after the verdict at that time, they will not admit it.
Apply to the court at the next higher level and the supervision department to re-file the case and make a judgment.
The main physical evidence is missing.
When the time comes, then Procurator Li will also be responsible. ”
"Besides, the relevant physical evidence of this case can't be found, doesn't Prosecutor Li think it's very strange?"
"Maybe it's a big case.?"
Li Xiaorong heard Su Bai's explanation and nodded with a smile.
"Makes sense."
"I think Lawyer Su, you are too wronged to be a lawyer, let's take the public exam."
"Let's go to work together in the future."
Su Bai smiled and didn't speak.
Baijun Law Firm has developed so far, so he is really reluctant to give it up now.
And then there is, the task of the system, he still has to complete it well.
The conversation between the two didn't last long.
For the rest of the matter, Su Bai, as a lawyer, cannot be directly involved.
can only wait for Li Xiaorong to continue the review as a prosecutor.
It's just that in the direction of the review, Su Bai made a small suggestion:
"Prosecutor Li can focus on the confessions of the three defendants, and the confessions of the three are definitely different."
"It's the same confession, there is only one reason, and that is the confession of the three people."
Li Xiaorong nodded, obviously listening.
In this case, in recent times, the pressure of public opinion has become more and more intense, which has put their prosecutors under a lot of pressure.
He also thought that he could solve this case quickly.
.
….
Surveillance video: Li Xiaorong handed it over to the relevant departments for verification.
He himself focused on Xu Feng, Li Tao, and Zhang Manlei.
This time the inquiry, according to normal thinking, Xu Feng, Li Tao, Zhang Manlei's various statements are definitely different.
Why?
Because most people are emotional, they can't restore the details at that time.
Subconsciously will shirk their own behavior in order to absolve their crimes, after all, no one wants to take trouble from themselves.
But what is the result?
The result is that Xu Feng, Li Tao, and Zhang Manlei's various statements are consistent, and there is obviously a problem in this!
Professional things are done by professional people.
Li Xiaorong applied for other districts to review Xu Feng and others.
In a few days, a big turning point came out of the review!
One of the most crucial clues was learned.
What is this most crucial clue?
The most critical clue is that when they were on guard at that time, Xu Feng and the other three and Lin Dong were deliberately arranged together.
Moreover.
Xu Feng and the other three admitted that they had used a wooden stick to hit Lin Dong.
But they don't know where the physical evidence is.
"Do you know how the physical evidence came out at that time? That is, where did the wooden stick that you said hit Lin Dong come from? ”
Li Xiaorong hurried to the review site and questioned Xu Feng.
Xu Feng knew the most about this matter, and he could see that Xu Feng was relatively tactful personally, and knew what was right for him and what was wrong for him.
All of Li Xiaorong's inquiries were explained.
After learning the content of Xu Feng's confession, Li Xiaorong frowned slightly, and after leaving the interrogation room, he lit a cigarette.
According to Xu Feng....
In this case, it is not just these three people who may need to prosecute.
.
….
According to Xu Feng and the others, the situation at that time was that the four of them had a quarrel and had an argument, and in this case they were taken to talk.
But....
Lin Dong's temper was not good, which led to a conflict with Fang Tang and Dong Bing.
Fang Tang and Dong Bing were angry and wanted to teach Lin Dong a lesson, so they imprisoned them together.
In the process, due to impulse, he also threw a wooden stick into the detention center, saying that he told them to fight in it.
The conflict that erupted as a result.
led to the occurrence of the final result.
.
….
This is the whole cause of the incident, according to part of the surveillance video display, it can be clearly seen that there is nothing wrong with what Xu Feng said.
However, Li Xiaorong still doesn't understand this case, if it involves this one factor.
But what about the rest?
For example, the most critical and important point - in this case, why did the initial voice say that Lin Dong died due to a sudden heart disease.
You must know that the three of them beat Lin Dong and led to Lin Dong's death, which is not a small matter.
Through the examination, it must also be possible to detect that Lin Dong died due to being beaten.
Then it was said that Lin Dong died due to a sudden illness, and after the autopsy, he directly did not tell himself.
Why lie in the first place and not have the medical examiner perform an autopsy?
There's no need for it!
However, for this reason, there are no effective clues for the time being.
It can only be temporarily attributed to the fact that Dong Bing and Fang Tang don't want to take responsibility for themselves.
.
….
After the evidence was completed, the prosecution soon prosecuted Xu Feng, Fang Tang and others for intentional homicide and negligence causing death.
The case was continued by the Guangdu Intermediate People's Court....
Similarly, this time, the then presiding judge Wang Lei conducted the litigation trial.
The defense is still the defense.
It's just that the evidence in hand is completely different from the previous situation, and there are two more guilty charges.
And through this in-depth investigation, it was found that the supplementary evidence has been completed, and the rest is that there are no other surprises.
On the day of the trial.
The prosecution added the sentences for Xu Tao and others, each of whom started with 10 years.
In addition, Fang Tang and Dong Bing were prosecuted for their negligence, and the sentencing was recommended to reach two and a half years.
Faced with the adjournment of the investigation and trial and the initiation of the prosecution, the expressions of Fang Tang and Dong Bing looked very unnatural.
Faced with the content of the accusations, the two men confessed.
But apparently the two men did not plead guilty and did not believe that they had committed a crime of negligence, and hired a criminal lawyer from Guangzhou as a defense lawyer.
On the court court.
Wang Lei reopened the trial for this case, and added the criminal acts of the two defendants.
"In response to the criminal negligence of Fang Tang and Dong Bing mentioned by the prosecutor, do the two of them want to add?"
The defense lawyers of the two men pleaded not guilty in this trial.
Two lawyers, Fang Tang and Dong Bing, explained the definition of criminal negligence separately.
Subjectively, Fang Tang and Dong Bing did not belong to the criminal act of negligence.
It's just that within the scope of their own behavior, they didn't expect the corresponding results, and the impact of impulse.
For these, the presiding judge Wang Lei did not listen too much.
still asked the prosecution Su Bai's opinion.
During the trial and investigation phase of this case, Su Bai participated, but did not participate too much.
The main reason was that he was only a lawyer and was not involved in the issue of judicial status.
This is why it is usually very difficult for lawyers to investigate and collect evidence without judicial intervention.
The main point of Su Bai's statement is that the application for rejection is an opinion.
"Presiding Judge...."
"First of all, I do not agree that the other party is not guilty, because the other party has obvious negligence."
"At the same time....in the investigation of this case, Fang Tang and Dong Bing obviously obstructed the judicial investigation."
"And colluded with criminal suspect Xu Feng and others."
"According to the prosecution's investigation, why didn't Xu Feng and others tell what happened before?"
"Instead, choose to hide it?"
"Here, I would like to ask the defendant Xu Feng, why did you choose to conceal it in the first place and collude with the other two people?"
"Why did you choose to plead guilty and accept punishment?"
"What is the reason for this?"
Xu Feng's answer was also very honest, the reason was that Fang Tang told him that as long as he concealed the physical evidence.
They didn't count themselves as causing death with weapons, and they gave him the relevant legal knowledge.
Death and clashes due to brawls.
There is a big difference in sentencing between the two.
So they chose to hide it, and it did well at first, because they were willing to confess and convict.
Later, there is also the possibility of retracting the confession.
But Su Bai came out of nowhere and directly asked for supplementary evidence, which upset their thoughts.
This has led to the current outcome and situation.
on this.
In the courtroom, Su Bai rubbed his eyebrows.
So far, the general course of the case in the trial has been clearly revealed.
The next step is to find negligence.
It is much easier to determine fault.
The case has been investigated by the prosecution, and now the chain of evidence is sufficient, but it is only said that it is determined from a subjective level.
This determination can be verified from the side.
The rest of the results are self-evident, the crime of negligence causing death, Su Bai has beaten many times.
In this case ....
There is basically no problem in judging negligence.
The most important thing is, can it be judged to be intentional...?
That's what matters even more.
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(End of chapter)