Chapter 263: Set up a monitoring team and start a review, someone panicked!
Call....
TMD is hard!
Su Bai exhaled a long breath, after noticing Meng Ziyi's pleading gaze.
Take the initiative to signal to speak: "Presiding Judge...."
"For the source of physical evidence .... We disagree. ”
"I would like to ask the prosecution, the prosecution has the duty to check the evidence, how did the prosecution check the evidence?"
"Or rather..."
"I would like to ask where the evidence is coming from?"
Prosecutor Bai Haojie spoke: "The evidence is provided by criminal investigators. ”
"I've verified it, and the results of the evidence are all from detailed sources."
Faced with the prosecutor's answer, Su Bai continued to ask:
"And what about the source of the results of the test evidence? Is there any ongoing troubleshooting? ”
"The source of the investigation evidence belongs to the investigation of illegal evidence."
"Did the prosecution make a reasonable exclusion of this evidence? Prove that there is no or present contradiction between the evidence and the facts of the case? ”
"Here I will give a simple example: the murder weapon has been found, but have any reasonable calculations been made about other matters?"
"For example, how did Mencius arrive at the scene of the crime at the dinner party, and then return to the scene of the crime after committing the crime."
"Is there enough time?"
"Is there a situation where this is impossible?"
"In other words, if the prosecutor puts aside the notion of accusations, without substituting Mencius as a suspect."
"Based on my statement above, is there a lot of loopholes in this case?"
"So I would like to ask the prosecution to continue to collect other evidence to focus on the review of Mencius's case."
"It's not what evidence the criminal investigators submit, as the prosecution, it's just a simple understanding without in-depth investigation."
"Based on the above viewpoint, I believe it is necessary to re-identify and identify the murder weapon."
The process of using evidence to determine the facts of a case needs to conform to the rules of logic and experience.
Evidence must be definitive and exclusive.
Without certainty and exclusivity, there is a great possibility of unjust, false and wrongful convictions.
Therefore, it is the responsibility of the prosecution department to exclude the legitimate source of the evidence submitted by the law enforcement party.
Again.
He didn't know what Bai Haojie's idea was.
However, judging from other aspects, the supervision department has repeatedly found guilt in the defendant's confession, the confession is inconsistent, and there are major contradictions in the key circumstances of other confessions and the evidence in the case that cannot be ruled out.
Corresponding investigation responsibilities and regulatory responsibilities must be carried out.
This case was before ....
It has always been him who has confronted the court and applied to the court for a verdict of not guilty.
This time, after presenting the relevant evidence, and the court has a serious bias, it is necessary to try to start from the prosecution.
Try to get the prosecution to determine the relevant evidence and drop the indictment.
It is equivalent to directly throwing aside the court .... to adjudicate this case.
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….
Bai Haojie was facing Su Bai's inquiry,Frowning slightly。
For this case....
The evidence he relied on was all evidence provided by the law enforcement side.
The relevant sources are also provided by law enforcement parties.
In this process, he has a supervisory role.
Contradictions....
The source of the case .... All the suspicions in this case point to Mencius.
As a prosecutor, in this case, there must be a bias in mind.
Because the suspicion that Gu Qiao and Xie Wei were killed cannot be pointed at others.
Or that there is no one else to point to.
This is the most important factor in the procuratorate's investigation of Mencius.
Facing Su Bai's problem....
Bai Haojie did not refute for the time being,But thinking about whether there is a possibility of falsifying evidence on the law enforcement side。
After all....
He did not do this in the investigation of illegal evidence, and he could not determine whether it was illegal evidence or not.
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….
And taking this opportunity, Su Bai also stated the core issue of this case.
What is at the heart of this case....?
The core is from filing a case to arresting and enforcing the law.
The key to this is the arrest and the evidence provided, which was provided by the investigators.
What is the role of the prosecution and the courts?
- Confirmation of evidence, initiation of prosecution and determination of guilt and the corresponding sentence issues.
The most important thing is that in their impression, Mencius is a murderer.
This is especially important!
Immediately afterwards, Su Bai continued to state:
"In this case, at the time of the second trial, there was no source of evidence for the trial against Mencius, and it has now been confirmed that all of Mencius's previous confessions were illegal evidence."
"Based on the current situation, I doubt that this is a framing of Mencius...."
"This is where everything in the courtroom is about the law, regulations and evidence."
"Think about it another way, if this trial is due to the lack of key confessions or an imperfect chain of evidence, it is just a single suspicion to accuse and sentence Mencius."
"So.... Is it possible that Mencius was really wronged? ”
"Previously, the court and the prosecution stated the concept that Mencius was a criminal investigator and that there might be a certain suspicion of exculpation."
"But in the trial of this retrial, it has been confirmed that Mencius's previous confession was repeated because of the coercion in the statement of the first trial."
"The prosecution should conduct a corresponding investigation into whether Mencius was innocent and wronged according to this.... It is not to prove Mencius's guilt. ”
"In addition, we will make a legal judgment on all the relevant evidence presented in this case, as well as the confession that Mencius firmly denied."
"From Mencius's point of view, if he is wronged and the court still sentences him to death, then for him, there is nothing more wronged than this matter."
"Based on the above, I would like to ask the prosecution to have a very clear understanding of the case."
"Decide whether to proceed with this trial, adjourn the trial to supplement relevant evidence, or further confirm the evidence submitted by the law enforcement party."
That's all for the sake of it....
That's all that needs to be said.
Su Bai looked at the prosecutor, and now it is up to him to see the prosecutor's attitude towards this trial.
In general, cases with major issues may be adjourned and held dozens of times.
This time Su Bai didn't know what the prosecution was thinking.... However, the trial may still fall into an adjournment.
Why....?
Because the evidence was confirmed by the prosecutor, it would be a dereliction of duty on the part of the prosecutor if illegal evidence could not be ruled out.
If illegal evidence is presented at trial.
And still use this evidence to prosecute, if the case is not reversed, it is nothing.
But if there is a reversal of the case....
Then, the prosecutor is not a dereliction of duty, but a dereliction of duty!
Knowingly doing so is the most important point of the crime of dereliction of duty, and it is particularly serious because it causes the death of a person.
Dereliction of duty is subject to certain disciplinary responsibility, while dereliction of duty is criminal liability.
There is an essential difference between the two.
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….
In the prosecutor's seat,Bai Haojie is seriously considering Su Bai's statement。
.
…
Previously, what he had been substituting for was the evidence submitted by the law enforcement side, and he was not too ignorant of the law enforcement side's arraignment.
But!
Su Bai mentioned that this evidence was illegal evidence, and thought about the case from the perspective of Mencius.
If Mencius was wronged.... Then as a prosecutor, he used illegal evidence to accuse Mencius, which is indeed a dereliction of duty.
Think about it again and again....
Bai Haojie said slowly: "In response to the retrial of Meng Ziyi's case, the prosecution recommends an adjournment, and the prosecution will continue to focus on the source of the evidence stated by the lawyer entrusted by the defendant. ”
Presiding judge on the trial bench.
Presiding Judge Guan Dongfeng frowned in the face of the prosecutor's sudden proposal for an adjournment.
Slightly dissatisfied.
However, the prosecutor's request for an adjournment shows that there will be no more accusations against the defendant Meng Ziyi in this trial.
Even if he wants to advance the trial so little, and the prosecutor pushes him, it is impossible for this trial to continue to advance.
Guan Dongfeng glanced at the prosecutor's seat helplessly.
Finally, the gavel is sounded.
"In view of the relevant additions to the evidence proposed by the prosecution in this case, there is a lack of relevant evidence for the accusation in this trial."
"Adjournment!"
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….
Recess....
Hearing the presiding judge say the words adjournment, Su Bai exhaled lightly.
How to say....
At least for now, the prosecution has charged the defendant in the trial.
But now....
At least the prosecution was thinking calmly, or rather, in order not to cause huge problems, it was prosecuted, so it had to think calmly and chose to adjourn the trial.
But no matter what, although this trial has not yet ended, the current situation is slowly getting better, at least now this trial is temporarily stable.
The rest depends on the prosecution's investigation of the source of the evidence and other circumstances....
But there's a little bit of .... Su Bai noticed it, that is, whether it was in the previous trial or in this trial.
The most important and critical issue is the review and investigation of Mencius by the law enforcement authorities and the relevant evidence provided.
Last time, Mencius was forced to confess, and this time he provided the so-called murder weapon evidence!
Generally....
The most critical part of Mencius's case is still the problems encountered in the early stage of the management of law enforcement agencies, such as filing, arresting, interrogating, and searching for evidence.
It is estimated that the person who wants to make Mencius take the blame is also among them!
Get out of the court....
Su Bai glanced up at the sky slightly, and faint black clouds drifted in front of him.
Rubbing his eyebrows, he couldn't help complaining: "It's cloudy again." ”
On the side, Li Xuezhen agreed: "Well! ”
"Lawyer Su, I'll give you an umbrella...."
Su Bai: ???.
….
Meng Ziyi's case has come to an end, and the remaining problem is-
The prosecution is responsible for verifying and verifying the source and legitimacy of the evidence.
The verification confirmed that the source of the evidence was true, without any detailed disclosure, and the chain of evidence was complete.
If the source of the evidence is verified to be true and the chain of evidence is complete, Su Bai can only say that he has lost his eyes, and Mencius is the murderer, because all the evidence points to him, and the chain of evidence is also complete.
However, if there is a problem that does not conform to common sense and the chain of evidence corresponds....
Then, this time, it doesn't matter if the court decides or not, because the prosecution will definitely withdraw the case.
- That is, no more prosecution of Mencius.
After leaving the court, Su Bai and Li Xuezhen also went to the supervision and review department again.
Then, according to the evidence submitted by the prosecutor at the trial and other corresponding circumstances, they were supervised and reported.
Especially for the collegial panel of the High Court.
Anyway .... In this case, in the second instance, the collegial panel could have made no judgment on Mencius.
However, not only did he pass the verdict, but he was also very tendentious when it came to retrial.
This is very intriguing.
Regardless of the other circumstances, I reported it first anyway.
There is no other situation, forget it for the time being.
In other cases, it is a big profit!
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….
In the Baijun Law Firm.
After such twists and turns, Meng Ziyi's father Meng Tang was terrified.
originally thought that there would be no problem with the retrial of this case, but I didn't expect the court to have the intention of sentencing his son.
If it weren't for the prosecution to withdraw the case, it is estimated that this case would be difficult to turn over again!
Meng Tang looked at Su Bai worriedly, and stopped talking several times.
Seeing this, Su Bai took the initiative to comfort him: "Don't worry, this time the prosecution took the initiative to adjourn the court." ”
"If there is no complete chain of evidence and the possibility of illegal evidence cannot be ruled out next time, then the prosecution will drop the case without going through the courts."
"When the time comes, it will still be innocent...."
Hearing Su Bai's words, Meng Tang felt a little relieved in his heart, but he was still quite worried.
I couldn't help but ask: "What if there is a complete chain of evidence and the possibility of excluding illegal evidence?" ”
Su Bai: "If Mencius is really innocent, then there is no such possibility. ”
"Rest assured...."
"There is basically no such possibility as you said, just wait for the results of the prosecution's investigation with peace of mind."
"Okay lawyer Su.... I understand. ”
Meng Tang nodded.
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….
Time passed, after the adjournment of the retrial.
Bai Haojie responded to Su Bai's statement in the court,Choose to re-identify and identify the evidence。
Reasonable exclusion of illegal evidence.
The result?
The result?
As a result, when the murder weapon is investigated.
It was really discovered that the source of the murder weapon was very unreasonable.
And the traces of Mencius left on it belong to the identification of fraud!
After verifying this evidence,Bai Haojie secretly rejoiced in his heart。
"Fortunately, I chose to adjourn the court to supplement and confirm the evidence in the courtroom, otherwise I would have gone in now!"
I said it silently.
Bai Haojie immediately reported the situation to the next level。
After a more careful investigation, the prosecution confirmed that the evidence was insufficient and that there was illegal evidence.
The law enforcement party's case against Mencius was rejected and he was required to supplement relevant evidence.
Otherwise.... Appeals are not permitted.
In addition, the supervision and review department immediately formed a team to investigate the falsification of evidence and the source of illegal evidence.
….
Meanwhile.
In a certain community, after Fang Yilong got the news, he was as anxious as an ant on a hot pot.
"What the hell is going on here?!"
"Isn't there nothing wrong with that? Why is there such a lot of things now? ”
"Even, the prosecution has set up a team to investigate and review the illegal evidence in this case..."
On the other end of the phone: "No, didn't you say hello to the prosecution?" ”
"I thought there was nothing wrong with it..."
Fang Yilong: .....
The prosecutor's department has the right to supervise, and he went to say hello?
What's the difference between him going to say hello and turning himself in?
In this case, he did not contact the court and the prosecution from the beginning, and in order to quickly achieve the goal of solving the case, he could only falsify evidence from his own side.
Originally, at the time of the first trial.... There's nothing too much wrong with that.
He and the presiding judge of the first instance are old classmates, and the judgment of the second instance may be based on the judgment of the first instance.
Again, nothing too much of a problem!
But when it came to the retrial, there was trouble, and the prosecution didn't know how to do it, so they suddenly had to reorganize and verify the evidence!
As a result, the evidence that was previously provided directly now needs to be re-examined.
This is the result we are now!
Fang Yilong sighed helplessly: "How can I say hello to the procuratorial department...."
"Besides, it's useless for me to say hello!"
Opposite: "So what now....?" ”
Now what....?
Fang Yilong rubbed his eyebrows, to be honest, he didn't know what to do.
At the first trial, he hinted that Mencius should speak, no matter what method was used.
There was nothing wrong with the second trial, but when it came to the retrial, the murder weapon had to be forged.
Now it has been found that the murder weapon is a forged illegal evidence.
It can only be said .... In this case, he was unable to solve the case, and some of them set himself on fire.
But....
As long as this fire doesn't burn on him, there's no big problem.
"Now let's take a step and see one step at a time!"
After Fang Yilong finished speaking, the other side hummed and hung up the phone.
Fang Yilong sat on the sofa and rubbed his temples, obviously a little flustered.
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….
PS: Ask for a monthly pass~
(End of chapter)