Chapter 259: Reproducing Classic Famous Scenes! Repeated rebuttals!
According to the content of the dismissal of the presiding judge Guan Dongfeng in this trial.
Nothing is a big problem.
At trial.
Only by presenting relevant evidence can the procedural violation be designated.
Su Bai's statement just now was actually hinting at or illustrating Mencius's confession and relevant testimony, as well as identifying the scene.
It was not carried out by his subjective will.
Rather, they were persecuted.
Other than that.... It is also possible that the prisoners in the detention center were instructed by others when they beat Mencius.
It's just that....
In this regard, Su Bai has no direct evidence to show these circumstances.
Therefore, it was rejected by the presiding judge.
It's normal to be rejected, but from the presiding judge's point of view.
The presiding judge was still inclined to Mencius, who was suspected of a major crime.
Therefore, the presiding judge did not believe or care too much about the situation of Mencius being beaten by other prisoners to extract a confession.
.
….
Facing the presiding judge's questioning again, Su Bai continued to speak: "Presiding judge, we have other things that need to be stated. ”
Guan Dongfeng, as the presiding judge, showed a trace of impatience on his face after hearing Su Bai's words, but he quickly calmed down.
He has read this case, and there are basically no other problems with the verdict against Mencius.
What makes him impatient is that Su Bai has been in court to correct procedural errors or illegal acts.
For Su Bai, he also knows some of the top criminal lawyers in China.
This kind of top lawyer, he has also encountered when he used to handle cases.
For this kind of top lawyer, he knows what the other party wants to do and likes to do.
What I want to do and like to do the most is to point out procedural errors or procedural violations in the courtroom.
Or have a fierce quarrel with the presiding judge's collegial panel to give the client a show.
Regardless of the next verdict, take the lawyer's fee, pat the ass and leave.
He didn't know if Su Bai was this kind of lawyer.
But according to what he just said, he had no problem refuting the other party at all.
Regarding Su Bai's next statement, Guan Dongfeng could roughly guess it.
Again, pointing out a program error?
Or is it a procedural violation somewhere?
But what about pointing it out?
Pointed out, can these problems affect the final outcome of the judgment?
No!
As the presiding judge, he does not need to know whether the evidence is legitimate, he only needs to know the source of the evidence and whether the chain of evidence is complete.
Whether a judgment can be made.
At present, what he wants to see is whether Su Bai can come up with a key legal basis or important evidence clues in this trial.
If not....
Then, in this trial, no matter how much Su Bai performs, or how fierce he is.
None of them will affect the final verdict in the slightest.
.
….
In the presiding judge's seat, Guan Dongfeng said calmly: "Then, please ask the defense to entrust a lawyer to state your other views." ”
"However, as the presiding judge, I am here to remind you."
"The defense is requested to retain a lawyer who must not state matters unrelated to the case or the trial during the defense period, and other aspects may be made in court statements, but must not be made during the defense period."
"Okay presiding judge."
Su Bai nodded.
There are too many problems in this trial, and there are certain loopholes in terms of simple evidence.
As for the presiding judge, there is an opinion about him.
Su Bai: ?
Even if there is an opinion, then he has to help his client fight for the greatest legal rights.
To be innocent is to be innocent!
"Presiding Judge, what we want to present next is the evidentiary aspect of the prosecution's accusations."
"According to the evidence submitted by the prosecution...."
"The specific content of the evidence is that our client voluntarily admitted the crime he committed."
"And explained the cause and process of the incident and related matters."
"I would like to ask, has there been any relevant research on the cause of the incident in this trial, as well as the preparation of related matters and physical evidence?"
"For example: In Mencius's statement, how did he kill the two parties?"
"In the evidence submitted, in Mencius's statement, he was armed with a knife and killed the two parties."
"And what about this cutter? Did the minus side and the law enforcement side find the relevant knife murder weapon? ”
"Meng Ziyi only stated during the review that he killed Gu Qiao and Xie Wei with a knife."
"Stated how to kill."
"The corresponding process is stated, not to mention whether the corresponding process is true, according to the evidence provided, these processes are very reasonable, very pertinent and based."
"But there was no murder weapon."
"Where's the murder weapon?"
"Why can't I find the tools to commit the crime?"
"Without the most important physical evidence, it is impossible to form a corresponding chain of evidence, why should Mencius be sentenced to death according to these?"
"This is completely unreasonable!"
"Besides, it only takes 20 minutes to drive from the dinner party to the crime scene, and at the time of the dinner, Meng Ziyi did not have a car, so how did he get to the crime scene?"
According to his "confession", he called a taxi, have the clues about this taxi been verified? ”
"It shouldn't be difficult for law enforcement and prosecutors to investigate clues about a taxi."
"Why haven't you found this taxi for a long time?"
"Is this taxi not found, or is it not there?"
Based on the above, our summary is as follows:
"First: the murder weapon has not been found."
"Second: from the place of the dinner to the place of the crime, there is no taxi, which is equivalent to - based on the basic logic, Mencius, it is not enough time to go from the place of the dinner to the place of the crime."
"Based on the above two points, we believe that the evidence is insufficient and needs to be supplemented by the prosecution."
"That's all we have to say."
After Su Bai's statement ended,The prosecutor in the prosecutor's seat,Bai Haojie answered Su Bai's question。
"According to the evidence submitted by the law enforcement party, it can be clearly seen that in the logic of other things, there can be relevant evidence to prove the factual basis."
"As a criminal investigator, is there a possibility that Meng Ziyi deliberately left physical evidence and confessed other matters to ensure that he could get his sentence commuted, but after learning that he could not commute his sentence, he deliberately left physical evidence to prepare for his escape?"
"We have every reason to be suspicious of this."
"Because as a criminal investigator, you have a very strong anti-investigation ability, and you know what evidence can be beneficial to you and what evidence is not beneficial to you."
"So...."
"It is entirely possible that he deliberately concealed the relevant murder weapon, and concealed the tools used to go to the scene of the crime."
"The above is my policy and answer to the questions raised by the defense litigators."
Bai Haojie's statement,Su Bai frowned slightly。
Deliberately leaving physical evidence to prepare for your escape?
Is Mencius Yi sick?
If he really killed the person, then why did he confess to other things and just lose the physical evidence?
Is this necessary?
Totally unnecessary!
If it weren't for Mencius's confession, all the clues would be complete.
If he can withstand the pressure of interrogation.
Then there is no evidence in this case to prove that Mencius is a murderer!
Why did Mencius speak?
Because he couldn't withstand the interrogation and the pressure he was under in the detention center.
It can only be stated in certain ways, completing processes and details that do not exist.
Why is there no information about the murder weapon and the taxi in which it was taken?
Because TMD people were not killed by Mencius at all!
None of these things exist, and law enforcement and prosecutors simply can't find them.
Mencius didn't know where these things were, and he couldn't say anything if he wanted to, which was the main reason why he couldn't find these two things!
What is said that Mencius is a criminal investigator, who can withstand the pressure, and in order to get away with the crime, he hid the relevant murder weapon.
Are you kidding?
If Mencius really had that kind of consciousness and that kind of firm thought.
Needless to say, the rest.
If he doesn't confess anything, then there will be no so-called evidence against him.
It can only be said that Mencius is very suspected of committing a crime.
But there was no evidence to hammer him to death, and he had actually sinned.
Again.
The process of the crime and the process of the crime, Mencius explained it during the interrogation.
It's not reasonable at all if you don't confess the physical evidence!
So for Bai Haojie's statement,Su Bai immediately retorted:
"Is there any factual basis or evidence for the prosecution's statement? Did the prosecution's statement revolve around its own thoughts and suspicions? ”
"The prosecution's suspicions are completely unreasonable!"
"Mencius has already explained the details of the other processes and specific circumstances, why didn't he give information about the murder weapon and the place where the crime occurred?"
"Again."
"Meng Ziyi has confessed, but why hasn't the law enforcement side and the prosecution made any progress?"
"It may be said that the murder weapon was well hidden by Mencius."
"But what about Mencius's way of going to the place where the crime occurred?"
"Relying on people's running ability, it is definitely impossible to reach the place where the crime occurred at that time, and it must be taken by transportation or cycling."
"Why didn't the prosecution and law enforcement find out that Mencius's bicycle or transportation was so difficult?"
"What is not investigated is equivalent to no evidence."
"What's more, according to the forensic appraisal report, Gu Qiao and Xie Wei's deaths were due to a certain type of knife and killing."
"This type of knife did not appear in Mencius's home, and there is no evidence that Mencius bought this type of knife."
"Why is this happening?"
"Is there a possibility that it is because Mencius did not have this so-called murder weapon knife at all?"
"He didn't kill anyone, he didn't buy knives, so naturally he didn't know where the murder weapon went."
"This also verifies from the side, Mencius did not kill Xie Wei and Gu Qiao."
"Because there is no direct evidence to prove that Xie Wei and Gu Qiao were killed by Mencius."
At this time,Bai Haojie asked:
"According to the statement of the lawyer entrusted by the defense, then why did Meng Ziyi state that he killed the person in the first trial?"
"If he didn't kill him, why would he admit it?"
Su Bai: Did you force me to say it so directly?
Why admit that this is not an obvious fact?
Su Bai immediately retorted: "Just now I asked Meng Ziyi to show the scars on his body. ”
"Mencius had no choice but to confess because he was beaten by the prisoners, insulted and mentally tortured."
"But in court.... The courtroom is a sacred place. ”
"The law sits here."
"Mencius can explain his grievances, explain the unfair treatment he suffered, and explain why he confessed."
"This is also the reason why Mencius chose to retract his confession in the High Court."
"And we think."
"In this case, there is no direct physical evidence, that is, the murder weapon, which cannot explain how Mencius arrived at the scene of the crime."
"If these two points are not clearly explained, we will not admit the prosecution's accusations."
"Therefore, I would like to ask the Kunming Municipal High Court and the Provincial Procuratorate to conduct another investigation into this case."
"Accept the retraction of our client, Meng Ziyi."
"The above is our statement."
Su Bai took a deep breath, and after finishing his statement, his gaze fell firmly on the presiding judge's seat.
How to say it....
The most critical murder weapon was not found, and the first-instance verdict was completely hard.
It is based on Mencius's confession, and the evidence will be supplemented later.
Moreover.
Su Bai learned that during the first trial, the presiding judge of the first instance told Mencius.
If the most important physical evidence of the murder weapon is confessed, then Mencius will be sentenced to a suspended death.
But if you don't confess, it's a death sentence.
It also happened that Su Bai initiated the second trial when the death penalty was not executed.
Otherwise....
This case may become a particularly unjust case.
On the judgment bench, Guan Dongfeng, as the presiding judge, was even more irritable in the face of Su Bai.
The murder weapon and how to get to the scene of the crime are indeed very important.
The defendant's litigation lawyer did grasp this aspect and made a statement.
But....
All the suspicions in this case point to Mencius.
When the Intermediate Court handed down its verdict, it also handed down the death penalty.
He discussed it with the relevant personnel of the High Court, and there was no big problem with the decision of the Intermediate Court.
So....
What should be done with the verdict in this case?
After thinking about it for a while, Guan Dongfeng asked a very classic question.
"Let's not discuss the physical evidence for now."
"All the evidence in this case points to a major suspicion of Mencius."
"According to the statements of the diners, as well as Mencius's own statements, they all point to him, and there is a directness in killing the two parties."
"As a criminal investigator, Meng Ziyi knows very well that Gu Qiao and Xie Wei were killed, what will be the result if he admits this crime?"
"But why can't he hold himself up?"
"He didn't kill people, why should he admit it?"
"Could it be that because of the above reasons, Mencius admitted that he killed Gu Qiao and Xie Wei?"
How can the presiding judge's thoughts and inquiries have a sense of déjà vu?
No....
Why is this question so outrageous?
He didn't kill people, why did he admit it?
That's because when I was in the detention center, I was already facing a mental breakdown, and I could have suffered more torture than death at that time.
So admit it.
But admitting it doesn't mean he's actually killed.
The presiding judge's questioning was too tendentious, right?
Faced with the questioning, Su Bai only stared at the seat on the trial table.
Placket:
"Presiding judge, based on the above reasons, Mencius did admit the fact that he killed someone, but whether he killed or not is determined based on evidence."
"We believe that the judgment against our client is not complete in terms of evidence."
"Based on this, we apply again to dismiss the charges against us."
After the presentation is completed.
Su Bai's gaze met Guan Dongfeng's.
Stand footsquare.
And at the same time.
Li Xuezhen's face was serious, her chest was straight, and her eyes were firm.
Facts are facts, evidence is evidence ....
Just do what you want....
Their Baijun Law Firm will never let any client suffer an unjust judgment for no reason!
She waited for Lawyer Su's statement, which could influence the presiding judge and make the presiding judge face up to the trial.
What if you can't?
No....
Then you can't blame me Xiao Li for being foul-mouthed.
If you can't, just send it all TM, one, two, three, four, five.....
No one is missing!
PS: Ask for a monthly pass~
(End of chapter)