Chapter 265: One, Two, Three.... Don't argue, Xiao Li: Stare in!
Waiting room.
Su Bai found that he seemed to be led astray by Li Xuezhen....
Looking at the joyful expression on Li Xuezhen's little face, Su Bai took a deep breath and said silently: "You can't be led astray...."
Waiting for the trial to begin.
Trial.
The Baoshi Intermediate People's Court appointed their court to conduct a trial of the relevant persons involved in this case.
The Intermediate Court of Baoshi also has a certain amount of pressure.
In particular, this trial involved many relevant people in the judicial system.
It has also set off so much public opinion on the Internet, and there is corresponding public opinion pressure.
But....
Since they were designated and determined by the Supreme People's Procuratorate to initiate a public prosecution, then they can protect the Intermediate People's Court and follow the normal trial.
At least in the future, there will be no other troubles.
This time, the trial was relatively large due to the public opinion and social influence it received.
A public hearing was introduced.
At the beginning of the trial, there were a lot of voices on the barrage of the live broadcast of the trial.
"Rub! This case has been being understood, and I thought that there would be a big reversal in this case, but I didn't expect that there would be such a big reversal! ”
"Good, good...."
"This time, I must take a good look at how this transfer sentence is aimed at the wrongdoers and criminals in these judicial systems!"
"Agree, I also want to see it, after all, I don't think it's reasonable to wronged a person so ruthlessly, this is not a heavy sentence!"
“+1+1.… I want to see how many people are sent in! ”
.
….
There are many voices about this trial, mainly to see how the verdict will be made in the trial.
and have the same enthusiasts as Xiao Li, who want to know how many people can be sent into this trial.
.
…
On the court floor.
The punishment of the main personnel has been discussed in many meetings of the Baoshi Intermediate People's Court.
Bench on the judging table.
The presiding judge asked the prosecution to state the crimes of the prosecution bench one by one.
Since the trial was conducted in different venues, this time only the relevant key personnel were accused in the trial, such as Fang Yilong, Guan Dongfeng, etc....
The prosecution relied on the relevant evidentiary facts and the main confessions of Fang Yilong and others.
One by one, the accusations were stated.
Read the indictment and the offence charged. It is recommended that the trip time be up to half an hour.
After the presentation is completed.
Fang Yilong and other key relevant personnel of the law enforcement side have a good attitude in admitting guilt and accepting punishment.
Why is it good to admit guilt and accept punishment?
Because the evidence about them is conclusive and has a factual basis.
Even if you want to commute the sentence from the side, it is not easy.
Only from the perspective of admitting guilt and accepting punishment can the court be asked to give a judgment that is not light or severe.
Because Fang Yilong and others also knew that if they insisted on going against the court, the court could make a heavy judgment.
This also leads to the fact that the chain of evidence is complete, the facts are clear, and the legal basis is clear.
Generally speaking, the lawyer will tell the defendant to admit guilt and accept punishment, and make a commutation defense from a certain aspect.
Instead of choosing to defend not guilty when the evidence is conclusive.
In fact, if you tell the lawyer that you haven't said anything specific, the lawyer can make a not-guilty plea if you agree to it.
Basically....
This lawyer is a liar.
It belongs to the kind of running away when you get the lawyer's fees, and even insisting on a not-guilty defense may lead to the client being sentenced more severely.
Plainly.
This kind of lawyer is a kind of lawyer who takes money and does not do things, or even does bad things.
.
….
In the face of the prosecution's accusations, most of the defendants in the court pleaded guilty and accepted punishment.
Of course....
In the process, there are two more people who plead not guilty.
They are Guan Dongfeng and Lao Zhang.
The proposition of the two is simple.
In their view, they did not constitute arbitrariness and dereliction of duty in the process.
The main reason is that they do not know that the evidence is illegal evidence, and they are not obliged to investigate the illegal evidence.
They only relied on the evidence provided by the prosecution, and the prosecution filed a request for a certain verdict.
And there is no personal relationship with Fang Yilong, or economic relations.
Therefore, the prosecution did not agree with the prosecution of the two of them.
Even, Guan Dongfeng was very protesting in the court court, questioning the act of prosecuting him.
Guan Dongfeng said with a calm face: "It is my right to defend my innocence. ”
"I don't think that in the course of the trial, I had any form of perversion of the law and dereliction of duty!"
"What do you mean by refereeing and dereliction of duty in general?"
"Under normal circumstances, I was not attentive to the trial and did not stick to my duties, which led to the wrong verdict."
"However, in the case against Mencius, I don't think there was a mistake in my judgment."
"First of all, the evidence submitted by the law enforcement side and the prosecution, all the evidence points to Mencius."
"And at the first trial, Mencius himself stated his guilt, but retracted his confession in the second trial."
"Although the court can accept Mencius's confession, it may not accept it, because the court cannot prove whether Mencius's confession is a fact."
"Is there any problem with me convicting Mencius of guilt when all these conditions point to Mencius?"
"There's no problem at all."
"So I don't have any problem pleading guilty with that."
"I think the presiding judge can also understand how I felt when I sat on the judgment bench."
"In view of this situation, I ask the prosecution to drop the charges against me, or the court to acquit me!"
"That's my statement."
“.….”
After the statement, Guan Dongfeng still seriously believed that he was not guilty.
Even sitting in the defense bench, there is a feeling of sitting in the presiding judge's seat.
Plainly....
From an identity perspective, it hasn't been converted yet.
Guan Dongfeng is relatively satisfied with his defense.
It's just that....
In the courtroom, no one got used to him.
The prosecution used examples from Guan Dongfeng's statements and practices to make arguments.
But Guan Dongfeng just looks like I don't listen, I sit on the defendant's side, but it doesn't mean that I'm guilty.
For this case ....
Su Bai: .....
Raise your hand to prepare your statement.
There is only one point stated, that is, whether Guan Dongfeng has neglected his duties?
Obviously!
At the trial scene of Mencius's second trial, Su Bai had already pointed out that the relevant evidence chain was insufficient and there were loopholes in the logic.
During the whole process, the prosecution did not say much.
However, at the trial, Guan Dongfeng did not ask the prosecution for reasonable opinions, nor did he ask the defendant about the specific facts.
Even in the face of Mencius taking off his clothes and revealing the scars on his body, proving that the evidence against him was illegal evidence and an act of coercion, he wanted to retract his confession, but was refused!
Why was it rejected?
Because people don't want to listen to you at all, they only want to judge you, so they refuse to retract your confession.
What's the most important point?
And when the Supreme People's Court rejected the second instance for a retrial, what was Guan Dongfeng's attitude?
Guan Dongfeng's attitude is that he doesn't think that the murder weapon is illegal evidence, to put it bluntly, he doesn't listen, and he will be sentenced according to his ideas.
This is obviously very illogical.
Because in the second instance, Meng Ziyi had already put forward that the evidence of his confession in the first instance was illegal evidence, and after the second trial, it was verified that the evidence of the confession in the first instance was illegal evidence.
This point has already shown that in the second-instance trial, Mencius proposed to retract his confession was correct.
Okay, if you refuse in the second trial, forget it.
But at the time of the retrial, why didn't you consider this point and still not determine the legitimacy of the murder weapon?
Even if you can't make a judgment in court, why can't you adjourn the court for a judgment?
This is completely unreasonable!
If it weren't for the prosecutor's withdrawal of the case, Su Bai suspected that Guan Dongfeng would probably uphold the verdict of the second instance!
Isn't this a dereliction of duty?
This TM is not called dereliction of duty and arbitrary judgment, so what is it called?
Should such people be sent in?
Should!
And also.... Guan Dongfeng's performance in the trial as the presiding judge at that time.
First of all....
Although the evidence was provided by the prosecution, the defendant's statement was not accepted at trial, and the prosecution was blindly trusted, and the judgment was made with an incomplete chain of evidence.
And then there ....
There is a deliberate subjectivity to determine that Mencius is the murderer.
The corresponding logic has not been considered from other aspects.
If this case is not about the prosecution re-collecting evidence, looking at the evidence.
In other words, if the prosecution does not withdraw the indictment, then the first trial, the second trial, and the retrial will determine that Meng Ziyi is the murderer, and thus sentence him to death.
This leads to .... It is very likely that Meng Ziyi will be wrongfully accused of eating guns because of the court's inaction judgment, dereliction of duty, and judgment!
What is this concept?
This is based on his own subjectivity, and he does not take the life of the defendant seriously at all!
As a judicial adjudicator, should it?
Definitely not!
So what's the problem with filing a public prosecution, there is no problem!
Based on the above, Su Bai raised his hand to signal that after obtaining the consent of the presiding judge, he immediately began to charge:
"Presiding judge, we believe that it is aimed at the defendant Guan Dongfeng."
"His dereliction of duty should be analyzed in terms of his behavior."
"The first point: In the video of the trial, it can be clearly seen that when Guan Dongfeng tried the case of Meng Ziyi, he did not make a judgment according to the facts, the trial law and the corresponding evidence required for the trial."
"Most of them rely on their own subjectivity to judge...."
"The second point: At the court trial at that time, the reasonable basis and reasonable logic put forward by the defense, as well as reasonable doubtful evidence, were not admitted."
"This is not to say that Guan Dongfeng does not have the right to refuse to adopt."
"Rather, he refuted the statements of Mencius and the lawyer entrusted by Mencius without analyzing, as well as the corresponding evidence provided."
"Not giving the defendant an opportunity to make a legal statement at all, which is legally equivalent to depriving the defendant of his legal rights and interests."
"The third point: the defendant Guan Dongfeng completely did not take into account Mencius's situation and the relevant environment, and it does not make sense from the legal situation."
"From a legal point of view: in the face of a death sentence, it should be heavy, but Guan Dongfeng does not follow the evidence and does not refer to logic, and directly carries out the verdict of the death penalty."
"From the perspective of the above three points, we believe that Guan Dongfeng completely constitutes dereliction of duty."
.
….
After Su Bai finished speaking.
Guan Dongfeng originally thought that he was going to make a plea, but he was knocked back by the presiding judge with a hammer.
"The defense is not allowed to continue to make statements, and the court is adjourned."
After hearing Su Bai's relevant opinions, the presiding judge rang the gavel and chose to adjourn.
It was also decided to hold a trial in the afternoon to continue the trial.
When the adjournment was announced, Su Bai could clearly see that Guan Dongfeng's face was about to explode.
Previously, as the presiding judge, he sat on the bench and had the power to judge.
But now....
He also experienced the feeling of others falling down and forbidding him to speak!
Guan Dongfeng stood in the defendant's seat, and when he was about to leave, he looked at Su Bai lightly.
It's just that....
was glared back by Xiao Li.
In the past, when you were the presiding judge, it didn't matter how you looked at it.
But now you are sitting in the defendant's seat, being tried by the law, and you are still so arrogant?
Why?
Just stare at you!
Li Xuezhen's eyes unconsciously revealed an aura, maybe there were too many people staring into it.... This aura is created.
made Guan Dongfeng feel a little uncomfortable.
Merely.... Soon Guan Dongfeng left the courtroom.
This scene was taken into Su Bai's eyes, and he couldn't help but smile.
Guan Dongfeng also tasted it once, and sat in the defendant's seat!
The roles were reversed, and he probably knew that he was helpless in the court at that time.
.
….
At noon, after eating, Su Bai and Li Xuezhen waited for the afternoon trial to continue the trial.
According to Su Bai's estimate.
The main reason for the adjournment in the morning was that the collegial panel needed to deliberate on the sentences of Guan Dongfeng, Lao Zhang, and others, and whether they were found guilty.
After all, this case has caused a lot of public opinion on the Internet, and no matter what, it is still necessary to pay attention to the influence of public opinion.
Taking advantage of the noon time, Su Bai also took a general look at public opinion.
Public opinion is almost one-sided, and they all point to it, accusing Guan Dongfeng, Lao Zhang, Fang Yilong and others of guilt.
Su Bai didn't know how the collegial panel was thinking.
But based on this trial and the evidence prepared by the prosecution.
For the judgment of Guan Dongfeng and others, there is basically no big problem.
.
….
The afternoon session will be held.
The presiding judge directly asks the parties to make court statements.
In terms of court statements, Guan Dongfeng still found himself innocent and cited a series of examples.
It is determined that there is no intention on the subjective, but that the judgment is made through a certain aspect, and the judgment is wrong.
It's just that....
The presiding judge apparently did not take Guan Dongfeng's statement too seriously.
If you're wrong, you're wrong?
As the presiding judge, I relied on evidence for everything, and I don't understand this reason?
What's the use of talking about it, I don't take it, what's the use of saying so much?
To this ....
Guan Dongfeng was angry, but there was no way.
It can be regarded as experiencing the helplessness of sitting in the defendant's seat once.
and Lao Zhang both stared intently at the judgment table.
Waiting for the court's other statements on the case, as well as the final verdict.
.
….
When it came time for the prosecution to make a statement, Su Bai did not make a statement, but handed over the rights to Mencius.
Because Mencius best understood his own powerlessness in the courtroom.
I know best in my heart the feeling of being wronged and powerless to resist.
The purpose of his presentation was not to use such feelings to influence the judge's verdict.
Instead, the audience who watched the live trial was told by live streaming.
And how powerless the trial personnel are as a defendant in the face of the injustice of the law and the deliberate trial of the judges.
At the same time, it also confirms from the side that Guan Dongfeng's so-called unintentional behavior is indirect killing!
Isn't it murder to use one's right to judge and arbitrarily not follow legal procedures to make judgments, especially in terms of sentencing heavy sentences?
Although it is not murder in the subjective sense, the consequences and implications of such a sentence are enormous!
Mencius's experience has aroused great resonance among many people.
After all, no one wants to experience this kind of powerless despair.
Ultimately.
After Mencius's statement.
The presiding judge rang the hammer and began to read out the verdict.
"For those who have been prosecuted this time, the corresponding verdict and sentence are now announced."
"Fang Yilong, as a ** bending the law for personal gain, abusing power, perjury, etc., will be punished for several crimes and sentenced to four years in prison!"
"Zhang Ming, arbitrarily adjudicated, dereliction of duty, and accompanied by favoritism, sentenced to one year in prison!"
“.….”
The presiding judge stood on the bench and read the charges, crimes, and sentences one by one.
The minimum sentence is one year and the maximum sentence is four years.
The last one that came to mind was the verdict against Guan Dongfeng.
"The public prosecution against Guan Dongfeng as a judge who arbitrarily adjudicated the law and neglected his duties."
"The court ruled that Guan Dongfeng perverted the law and derelicted his duties!"
"Sentenced to one year and six months in prison!"
"The above judgment is determined by the Baoshi Intermediate Court, and all the laws in accordance with domestic laws are followed."
"If you are dissatisfied with the verdict, you can file an appeal or initiate a supervisory review."
"The verdict will be issued within 10 days!"
"The court is now closed!"
.
….
Announced!
Guan Dongfeng in the defendant's seat was obviously a little dissatisfied.
He immediately asked: "Presiding Judge, I think that this sentence is too heavy for me, and I do not obey the verdict that I am guilty. ”
On the trial platform, the presiding judge glanced at Guan Dongfeng lightly.
"At the end of the court, I can say something else, and I would like to remind you here that you, as the presiding judge before, should know that there is no point in filing a protest against this verdict now."
"If you think there is a problem with this decision, then you need to make the above request to the higher high court."
After speaking, the presiding judge left the room.
At the same time, I silently read in my heart that this trial was the High Court and the Provincial Procuratorate, and designated their Intermediate Court to conduct the trial.
Guan Dongfeng wants to appeal to the higher level, or to make a counter-appeal.
What about dreaming?.
….
PS: During the double commuter pass, ask for a commuter pass~
(End of chapter)