Chapter 253: Witness False Accusation, Accusing Lawyer: You Want to Send Me In?

On the court court.

When Su Bai stated that the trial was irregular, had illegal procedures, asked to stop the trial, and requested further investigation.

Whether it is the presiding judge on the bench and the members of the collegial panel.

is also the prosecutor in the prosecutor's seat, and Wang Qiang and others in the defendant's seat.

I don't understand it.

For the members of the collegial panel and the prosecutor ....

This trial was an open trial.

If something does go wrong, then they have a corresponding issue of responsibility.

So....

In view of the illegal procedure mentioned by Yu Subai, it must be clarified.

The presiding judge, Sun Jun, had a particularly headache for Su Bai's statement.

Originally, this trial was a public trial, but the public opinion pressure on this trial was relatively high.

Therefore, he deliberately learned about the lawyer entrusted by the defense.

Su Bai, a well-known criminal lawyer in China, specializes in various difficult cases.

The cases that have been fought are basically cases with a certain degree of heat and greater public opinion.

Originally, he shirked this case in the hospital, but he really couldn't shirk it, so he was allowed to go.

Who would have thought that Su Bai would have determined that there was an illegal procedure from the beginning?

Doesn't this mean that there is a problem as soon as you are in court?

But....

As long as this illegal procedure is not a court procedure, everything is easy to say.

Sun Jun spoke: "The defense entrusted a lawyer to state that there were illegal procedures in this trial. ”

"Could the defendant please state what specific procedures were violated?"

"What is the specific reason?"

"Okay presiding judge."

Su Bai spoke:

"Presiding Judge, I would like to invite the witnesses of this trial to give their opinions."

"This trial is conducted by Sun Yi to testify against our client."

"Regarding the accusation of witnesses appearing in court, we believe that there are violations of laws and regulations, so I would like to ask Sun Yi, a witness in this trial, to describe the scene at that time in detail."

Faced with Su Bai's request, Sun Jun breathed a sigh of relief.

At least this live broadcast of the trial is not aimed at the court, just put pressure on the court.

The rest .... It would be nice to judge according to the law.

Sun Jun continued to speak:

"Ask the witnesses to come and give a statement of the circumstances."

Sun Yi sat on the witness seat, her expression a little embarrassed.

Appearing in court for perjury, this is the first time, if it weren't for the family forcing her to appear in court....

It's just that it's too late to say anything now.

After hesitating for nearly ten seconds, Sun Yi finally stood up: "Presiding judge." ”

Sun Jun nodded: "Well, can the witness describe the situation at that time in detail?" ”

"Okay, Presiding Judge, I can describe."

Shen Yi nodded:

"The situation at that time.... It was me and Wang Qiang, the two of us who had known each other for a long time, and there were some skirmishes, and we were quarreling at the time, and I deliberately said that I didn't know him and wanted passers-by to come over to help. ”

"I just ran into Guang Youzhi...."

"I didn't expect Guang Youzhi to be so impulsive and actually do it directly to Wang Qiang."

"I know I may have said something at the time that made Guang Youzhi misunderstand.... But I don't blame me for this. ”

"The main reason is that Blame Guang Youzhi is too impulsive, I wanted to persuade him to come, but I couldn't persuade him at all, I also wanted to explain, but he didn't give me a chance to explain at all..."

Su Bai raised his hand to signal, and after obtaining the consent of the presiding judge, he immediately asked: "Then I want to ask the witnesses." ”

"You just said that you and Wang Qiang knew each other before, how did the two of you meet?"

"I remember that our client made it very clear when he filed the case and made a confession, and at that time you told him that you didn't know Wang Qiang, and it was Wang Qiang who insisted on insulting you, pulling you, and then you asked for help."

"Now you say you've advised Guang Youzhi to stop being so impulsive."

"But our client does not agree with this, witness, can you provide corresponding evidence for your confession?"

Sun Yi shook his head: "I can't provide evidence either.... But that's the way it is. ”

Su Bai continued to ask:

"So can the witness answer why you insisted that you didn't know Wang Qiang when the law enforcement policy filed a case against you for the first time?"

Sun Yi was silent and then spoke: "I did it on purpose.... Because I was angry in my heart, I said this on purpose. ”

"So what's your relationship? Why are you angry? ”

"Are you two in a relationship?"

Sun Yi fell silent again, and did not answer this question.

Su Bai saw that Sun Yi didn't answer, and then looked at the accuser's seat.

"Besides, I would like to ask Wang Qiang, the party to the accuser."

"According to common sense, the average person will look for his strongest argument to explain his problems in court."

"In the first instance, according to the content of the relevant defense, Wang Qiang, the accuser, did not mention the relationship between him and Sun Yi at all, and this relationship of understanding is not ordinary."

"According to Sun Yi's answer just now, she was angry because she resolutely denied knowing Wang Qiang when she first filed the case."

"In this case, the relationship between the two people must be relatively familiar, otherwise there will be no angry behavior."

"Go on."

"According to normal people's thinking, if the relationship between two people is relatively familiar, then in the first trial, Wang Qiang did not mention the relationship between him and Sun Yi at all, which is completely inconsistent with normal people's thinking."

"Can I ask the witness Sun Yi and the accusing party Wang Qiang, what did you two think at that time?"

"Did you make an appointment and pretend not to know each other at first?"

Faced with Su Bai's inquiry, Wang Qiang and Sun Yi didn't know how to answer.

Especially Sun Yi....

Faced with this kind of question, as a young college student, her experience was relatively blank, and she didn't know how to answer Su Bai's question at all.

Only silence can be maintained.

Wang Qiang has already told her, what should be said, what should not be said, just keep silent.

And Wang Qiang denied it:

"We didn't bring it up in the first instance, the reason is not important, the important thing is that it is now in the second instance."

Gee....

Okay, okay!

It was in the trial of the second instance, and this sentence answered no question at all.

But.... You didn't bring it up in the first instance, you two know each other.

At the trial of the second instance, you two said that you two know each other?

Isn't that funny?

What do you do with the members of the collegial panel and the prosecutor?

It's nothing more than that the presiding judge and the prosecutor have no evidence to prove that the two of you don't know each other.

Su Bai's speculation is indeed without evidence, and if it is used in civil litigation, a high degree of probability can be used.

However, in criminal proceedings, this kind of evidence is only based on reasonable suspicion and has no actual evidence, and is not used in court or in judgment.

Su Bai continued to speak: "It is indeed the second instance trial now, but according to the accusations of the witnesses, we have the right to confirm the integrity of the evidence chain. ”

"For this suspicion on our side, I would like to ask the prosecution and the prosecution to be able to present the complete chain of evidence."

"to dispel our doubts, otherwise, we have every right to suspect that what the witness is alleging is not true, but is suspected of falsification."

"Based on this, we believe that there was a procedural violation in this trial."

"Therefore, we ask the prosecution and the prosecutor to produce the corresponding evidence."

Criminal procedure.

Plainly!

Unlike civil litigation, which can use a high degree of probability, it can be adapted to the absence of doubt.

In criminal proceedings, both the source of evidence and the integrity of the chain of evidence need to be proven.

For example, Sun Yi stated as a witness that she and Wang Qiang knew each other.

And it was known in advance.

This kind of advance refers to maintaining a certain period of understanding and contact under the premise that Guang Youzhi's case occurred.

Based on this condition.

Then both the law enforcement side and the prosecution side must provide evidence that Sun Yi and Wang Qiang knew in advance.

For example: the chat history of two people, whether the two people have contact information.

In other words, in the case of two people in contact, whether anyone can prove that the two people know each other.

That's where the evidence comes in.

Otherwise, if you just say that the two of you know each other, but there is no actual evidence to prove that the two of you know, this will not be admissible in the evidence admissible by the presiding judge in law.

Moreover.

This is the most crucial point of this trial.

If Sun Yi is said to be corrected as a witness.

It is believed that there is a relationship between her and Wang Qiang, and they have a good friend relationship who met in advance.

So in this trial, Guang Youzhi is likely to be sentenced, and the sentence may be lighter, but it still has a huge impact, and he will be sentenced to at least two years of probation.

And in terms of civil compensation, it is not low.

So....

In fact, this trial revolves around whether Sun Yi and Wang Qiang recognize each other or not, and whether there is a relationship between the two.

Apparently....

Su Bai couldn't come up with evidence to prove that there was no relationship between the two people.

But if you want to prove that Guang Youzhi is guilty, you need the other party to come up with proof, and Sun Yi and Wang Qiang have a relationship.

In this regard, as the lawyer entrusted by the defense, Su Bai has the advantage of taking the initiative.

After Su Bai finished speaking.

In the presiding judge's seat, Sun Jun glanced down at the litigation materials.

Immediately after, the focus is on the prosecution bench and the prosecution seat.

"According to the relevant evidence submitted by the prosecution, at this point, I have not noticed any direct evidence to prove the relationship between Wang Qiang and Sun Yi."

"What do the prosecutions think?"

Lin Yu, as the prosecutor, nodded: "Presiding judge, there is indirect evidence in the proof of the relationship between Wang Qiang and Sun Yi. ”

"According to the oral accounts of Wang Qiang and Sun Yi, the two have no direct relationship with each other."

"The statement of the two people is....the two people were introduced to each other by a friend, and no contact information was added, based on this, there is no direct proof that can prove that the two people are friends or know each other, which I have confirmed with the law enforcement party."

"Hmm!"

Sun Jun nodded.

"Did the law enforcement provide relevant evidence that the two knew each other?"

"Yes."

At this time, Wang Qiang took over the conversation and handed over the evidence provided to the staff on the side.

Regarding this trial, he has made full preparations according to what Zhang Shuo said.

What should be dotted, what should be sorted out.

There are basically no surprises.

As long as Sun Yi bites to death, the two of them know each other.

And make a statement according to what he said, then there is basically no big problem with this case, and it is guaranteed that Guang Youzhi can be hammered in!

For Zhang Shuo, the lawyer, he is still very trustworthy.

.

….

The staff handed over the relevant evidentiary materials to the presiding judge's seat.

After reading the evidence, Sun Jun turned to the staff and handed over the lawyer's seat to the defense.

Su Bai glanced at the evidence.

The approximate meaning is the law enforcement side, and after investigation, it has been shown that Wang Qiang and Sun Yi know each other.

And there is only one written proof.

???

Su Bai was stunned for a moment, what does it mean to have only one written certificate?

If the law enforcement side has been investigated and verified, there is an acquaintance between Wang Qiang and Sun Yi.

So what is the evidence that should be submitted?

The evidence that should be submitted is how Wang Qiang and Sun Yi met each other, not a similar written report like [Wang Qiang and Sun Yi met].

No, Wang Qiang doesn't think the court will accept this kind of evidence, right?

Su Bai raised his hand on the spot and signaled: "Presiding judge, our application is to determine that this evidence is invalid. ”

"In accordance with articles 50, 53, 56, 58, 59, 60 and 61 of the Code of Criminal Procedure."

"The meaning of evidence and its legal types, as well as the source of evidence and the determination of illegal evidence, as well as the court investigation of the legality of evidence collection, and the cross-examination and verification of witness testimony."

"This evidence does not prove that there is a basis for the acquaintance and intimacy between Wang Qiang and Sun Yi."

"Based on the above, our application is rejected and judged to be invalid evidence."

Wang Qiang retorted: "Why do you want to refute? ”

"Don't you see that there is a law enforcement seal?"

"It's legal! What are you questioning? ”

Su Bai: ???

What's wrong with legal benefits?

It has legal benefits, and you can't use this as evidence!

Wang Qiang doesn't really think this can be used as evidence, right?

On the other side ....

After Zhang Shuo saw the evidence submitted by Wang Qiang: .....

The whole person fell into silence.

What he told Wang Qiang at the time was to ask Wang Qiang to find a proof that could be related to Sun Yi.

When the time comes, you can make a surprise attack on the courtroom.

When he told Wang Qiang, he said very implicitly, and Wang Qiang nodded vigorously to show that he understood.

And he didn't bother with it, because once he did, he was likely to get into a lot of trouble.

But now....

????

Got it?

Yes, yes, yes, yes, I understand, but what's the use of your evidence?

Do you still want to rely on this evidence to get the court to accept your evidence and prove that there is a relationship between you and Sun Yi?

"Ahem...."

Zhang Shuo coughed twice and reminded Wang Qiang.

But.... As if he didn't understand, Wang Qiang whispered: "Lawyer Zhang." ”

"I'm doing what you said, going to find a proof."

"It's all legal."

"The lawyer entrusted by the defense still doesn't admit it.... I don't know the law, can Lawyer Zhang tell me about it..."

Zhang Shuo: ???

You don't know the Fa, do you?

If you don't understand the law, you can at least check it out, ask about it, and open this proof, can it be used as evidence to accuse the other party in the trial, right?

But you have now asked me to confront the defense on this point.

You're trying to send me in, aren't you?

Zhang Shuo fell into silence, knowing that he should have said something obvious at the beginning, teaching Wang Qiang by hand.

Otherwise, Wang Qiang would not have caused such a big trouble in the court trial!

Right now.... How did it end?!

PS. Ask for a commuter pass~

(End of chapter)