"!"

"What's that?!"

"No, I heard you right, did I?"

"The reason given by the collegial panel for refusing to apply for recusal turned out to be that it did not affect the normal trial."

"Better understanding of the facts?"

"What does this mean?!"

"Are you bullying people here because you have the right to judge?!"

“.….”

In the courtroom, when there is no reaction yet.

The barrage of the live broadcast of the trial exploded directly.

How to say it....

In the barrage of the live broadcast just now, someone has already understood.

In the present case, the prosecutor should not have recused himself.

Originally, everyone thought that the court was adjourned.... The collegial panel will deliberate and then give a request for the prosecutor to recuse himself.

But....

After the adjournment ended, the presiding judge still did not let Xu Bo recuse himself.

What does this mean?

It is clear that there are certain problems in the procedure, and you still have to adhere to the wrong procedure?!

？？？

Questions, right?!

Many people who watched the live broadcast of the trial this time have a certain amount of research on the law.

It is clear that these people questioned the decision of the collegial panel in this trial.

Has Shen Yao taken this into account?

The influence of public opinion must have been taken into account, but this case ....

Bench on the judging table.

Shen Yao glanced at Su Bai in the appellant's seat.

At this time, Su Bai made such a decision for the collegial panel.

It's very incomprehensible and unacceptable.

The court was adjourned just now....

Originally, I thought that when the court was held again, I would be able to give a corresponding answer that was in line with the procedure.

But who would have thought that the answer would be like this?

Based on this.

Su Bai raised his hand again, wanting to apply for a protest.

But Shen Yao, who was in the trial negotiation seat, did not give Su Bai a chance to speak at all.

He said, "Regarding whether the prosecutor is recusing himself. ”

"The collegial panel once again emphasized that it is not allowed to continue the discussion on whether or not to recuse itself in the court court."

"If there is any objection, you can appeal and challenge it after the trial."

"But for now, the trial continues."

"If the appellant continues to insist on meaningless protests, then this trial will be considered that the appellant is disrupting the order of the trial."

"Now for the appellant to be reminded in advance."

In response to the presiding judge's reminder, Su Bai looked up at the presiding judge's seat and was silent for a few seconds.

Protests did not continue.

The application for recusal was in accordance with the law, and the collegial panel gave an explanation.

Although the explanation is not reasonable, it is finally given.

The past can be said at the level of law.

If he continues to protest at the trial, he will definitely be expelled from the trial according to the presiding judge's reminder.

Then it will lead to....

In this retrial, prosecutor Xu Bo was given the opportunity to cause problems in the retrial procedure of the case.

So in the face of the presiding judge's opening, Su Bai did not open his mouth to refute or protest.

After all, everything must be aimed at the legal rights and interests of the client.

However, the presiding judge did not follow the legal procedures to consent to recusal.

This matter will definitely need to be dealt with later.

Report it directly after the trial, and it's over!

In the courtroom, the presiding judge does have the right to make a judgment.

But if the verdict is unreasonable, then as a citizen, I still have the right to report it.

There's nothing else wrong with that, right?

However, the most important thing now is the determination of the retrial result.

Based on this, Su Bai did not continue to protest.

.

….

Presiding Judge's seat.

Shen Yao saw that Su Bai didn't open his mouth to protest again, and let out a slight sigh.

If Su Bai really wants to continue to protest after she reminds her,

She didn't mind letting Su Bai leave the trial with the trial live.

As long as the procedure is complied with.... Even if there is public opinion, there will not be much of a problem.

After turning the page on not avoiding this question.

Knock knock!

Shen Yao rang the gavel.

"The trial continues."

"This trial is a trial of an old case involving Jiang Wei 13 years ago."

"It involves Jiang Wei's brutal murder after he was convicted of burglary and forced to have sex with a woman 13 years ago."

"The appellant believes that in this case, there are no objective facts to determine that Jiang Wei committed a crime."

"Next, I would like to ask the appellant to make a statement on the fact that there are no objective facts and no objective evidence to prove that Jiang Wei has committed a crime, so as to confirm Jiang Wei's innocence."

Facing the presiding judge's inquiry, Su Bai nodded:

"Okay."

Organize the relevant litigation materials.

Su Bai also knew in his heart that these issues were the key points of this trial.

Facing the presiding judge, Su Bai spoke unhurriedly:

"Presiding Judge...."

"For the previous first instance, the second instance verdict on our party's crime."

"We believe that there are no objective facts and no objective evidence to prove that we have committed a crime, which means—"

"In the determination of this case, it is mainly determined that our side has criminal facts and criminal evidence—"

"First: the testimony of three witnesses."

"It can be seen from the testimony of the three witnesses provided by the law enforcement at the beginning and the direct statements of the three witnesses at the trial."

"The witness testimony of the three witnesses is that Jiang Wei's family is relatively poor, and there is more communication with the victim on weekdays."

"There is a certain amount of goodwill for the victim."

"Before the crime, I had been in and out of the victim's home, and I had a better understanding of the situation in the victim's home."

"In order to save time in the trial, I will not make a statement one by one here."

"The above, in general, from the statements of the witnesses and the relevant determinations and judgments of the prosecutor at the beginning."

"There is only one criminal fact identified - the motive for the crime!"

"In the above statement, there is only one motive and trend of the crime."

"Because during the investigation of the crime scene, no traces of forcible entry were found at that time."

"Judged to be an acquaintance who committed the crime."

"Therefore, it is inferred from this that Jiang Wei is a criminal suspect, and this is used as a condition for judgment."

"It's clear from my description above."

"There is no objective fact in all the judgments and judgments above."

"Why do you say that?"

"Because the witness testimony can only show that Jiang Wei and the victim know each other, have a relationship, and have a good relationship."

"The rest are skeptical, subjective descriptions."

"What is subjectivity?"

"Subjectivity is a personal opinion and personal opinion that does not have objective facts."

"Moreover, the testimony of these witnesses cannot directly prove that Jiang Wei has committed a crime, but can only say that he has a certain suspicion."

"But if you are suspicious, you have to commit a crime?"

"What is the legal definition of suspicion?"

"The definition is a certain suspicion of a crime, but it cannot be used as a basis for certifying guilt."

"Based on the above, witness testimony does not serve as an objective fact to determine the guilt of the act."

"Second, it is the key point of this case."

"When we are surveying and checking the evidence materials in the file."

"Evidence of violations in the file was found!"

"Among them."

"Includes our client's guilty statement and guilty plea."

"On these two points, relevant evaluations have been conducted, and the results of the evaluations are the guilty statements and guilty signatures submitted by our parties at that time."

"It wasn't signed by our party."

"In other words, it is a falsification of evidence."

"Can illegal evidence such as falsification of evidence be used as evidence for accusations?"

"According to the relevant laws and regulations of our country, illegal evidence should be excluded from the admission of evidence."

"So illegal evidence cannot be used as evidence for accusations!"

"Based on the above two points."

"One: there are no objective facts, and two: there is illegal evidence in the chain of evidence."

"We apply to revoke the judgment of our first instance and second instance, and we can return our party Jiang Wei a clean slate in the retrial stage!"

"Presiding Judge, the above is our statement."

Su Bai put away the litigation materials, raised his head slightly, and looked at the seat on the trial table.

Bench on the judging table.

Shen Yao, as the presiding judge, listened to Su Bai's relevant statements, and then looked at Xu Bo in the prosecutor's seat.

"The prosecution has a relevant investigation into this case, please start the prosecution statement."

"Okay presiding judge."

Xu Bo nodded.

This trial is going on so far, to be honest.... Apply for recusal in the previous section.

Xu Bo didn't expect to get so many things.

But after the application for recusal, the next step is the court plea.

The case was verified by him as a prosecutor.

Let's put the rest aside....

For Xu Bo, this case was when he was verifying.

The case was excluded to the end.

The only suspect is Jiang Wei....

If the criminal is not Jiang Wei, who else can it be?

Of course, as a prosecutor for so many years.

He also knows the relevant details of the entire case and Su Bai's statement very well.

The two points stated by Su Bai are indeed the biggest problems in this case.

However, during the retrial stage, Xu Bo found some relevant evidence about the case.

aggravated, Xu Bo is the proof of the criminal.

In response to Su Bai's two points, Xu Bo opened his mouth to refute:

"For the appellant party, the relevant circumstances stated."

"We can't refute it."

"But in this case.... Jiang Wei is the only suspect and has witness testimony. ”

"Again, there is one issue that the appellant did not raise, and that is that in the present case..."

"The situation at the time of the crime...."

"Where was Jiang Wei at the time of this case?"

"According to Jiang Wei's description at the time, he went out for a walk."

"But no one can prove what he was going to do when he went out for a stroll."

"During this time period, the victim was killed and the home was robbed."

"Why was Jiang Wei judged to be the murderer in the first place?"

"Because there were too many coincidences in this case at that time, Jiang Wei had the time to commit the crime, and he couldn't prove what he did during the time of the crime."

"The most important point is that at the scene, the clothes left by Jiang Wei were found."

"This is also a key point in the decision."

"On the confession and signature, there is illegal evidence."

"But these two pieces of illegal evidence, under certain circumstances, cannot prove that Jiang Wei is innocent."

"It can only be said that there are flaws in the relevant processes of the program."

"And then there is the fact that the relevant verdict in this case is not just based on the testimony of witnesses."

"I would like to ask the appellant about the clothes left at the scene and Jiang Wei's inability to prove what he did at the time of the crime."

"What do you mean by that?"

How?

Su Bai didn't want to answer the questions raised by the prosecutor at all.

What do you mean by what?

The problem of the clothes left behind, Su Bai had noticed before.

He asked Jiang Wei, but Jiang Wei did not deny this question.

But it's not clear how the clothes were left behind.

But what does the laundry behind prove?

If you want to prove that Jiang Wei robbed or forced women to have sex, and killed people.

What is the most direct evidence?

The most direct evidence of this is the DNA left behind by the relationship.

as well as murder weapons and fingerprints.

However, in this case, the murder weapon used by the killer was a kitchen knife in the victim's home.

Therefore, it can only be authenticated from DNA and fingerprints.

However, 13 years ago, the first evidence of the crime was not preserved.

This has resulted in a lack of this aspect.

What is the direct evidence of the clothing left behind?

Su Bai directly opened his mouth and asked rhetorically: "Are the two questions raised by the prosecutor direct evidence?" ”

"What do the clothes left behind and the inability to prove what they did at the time of the crime?"

"Doesn't it only mean that Jiang Wei is suspicious?"

"I would like to ask the prosecutor in these points of view that you have stated."

"Is it possible to charge criminals with suspicion?!"

"Or has the prosecutor ever thought that it is your concept that can easily cause unjust, false and wrongful convictions?"

In this trial, Su Bai can see it.

In the prosecutor's mind, even if there is no direct evidence to prove that Jiang Wei is the murderer.

But.... Jiang Wei is the only suspect.

So the prosecutor insisted that Jiang Wei was the suspect.

Even if there is no direct evidence, they blindly adhere to this idea.

？？？

How did unjust, false and wrongful convictions come about?

That's how it came about!

So just now, Su Bai directly picked out the prosecutor's thoughts.

At the same time as Su Bai opened his mouth to ask rhetorically.

Xu Bo frowned, looked straight at Su Bai, and did not speak.

.

….

PS: Ask for a monthly pass~

(End of chapter)