Chapter 310: The Supreme People's Procuratorate Can't Intervene? Xiao Li: Send it in!

The adjournment ended.

In the courtroom, the parties re-seated.

Xu Bo in the prosecutor's seat will overturn the case in this case.

His insistence is not to overturn the case.

Stick to a point to make a statement.

That's the case, because of the long time it was.

Moreover, Jiang Wei could not rule out his own suspicions, so he extended the trial time through this point and refused to overturn the case.

But....

Xu Bo also did not know the collegial panel's views on this case.

Therefore, we can only continue to delay this trial.

Xu Bo's gaze fell on the seat of the judgment table.

At this time, Shen Yao, as the presiding judge, was sorting out the relevant opinions of several members of the collegial panel just now.

When you're done, ring the gavel.

Knock knock!

"The trial continues."

"Regarding this case, the collegial panel has conducted a general discussion on the relevant contents of the case."

"The result of the discussion is that there is no evidence to prove Jiang Wei's crime."

"There are no objective facts or objective basis to show that Jiang Wei committed a burglary and robbery and the subsequent crimes."

Jiang Wei didn't understand the law, but since the presiding judge said it, there was no evidence to prove that he had committed a crime.

He also knew in his heart that the case was about to be overturned!

So I can't help but be happy.

But the presiding judge continued to speak: "At the same time. ”

"From the point of view of the accusation, there is no objective evidence or factual basis."

"To prove that Jiang Wei did not commit a crime."

"In the case of witness testimony as stated by the above-mentioned parties, as well as illegal evidence."

"The witness testimony that rejected the statement can only show that there can be no direct evidence to prove that Jiang Wei committed a crime."

"From the other side, illegal evidence is a case of impersonation and forgery, and has nothing to do with whether Jiang Wei committed a crime."

"So the knowledge of the circumstances as stated by the appellant, as well as the relevant facts."

"The collegial panel has the above two facts about the appellant's statement."

"I think the possibility of Jiang Wei's crime cannot be ruled out."

"Based on the above determination of the collegial panel, it is believed that there are relatively many possibilities in this case."

"Therefore, Jiang Wei, the criminal suspect involved in this case, was found not guilty."

"Not for the time being."

"The case has entered an adjournment of trial."

“.….”

Knock knock!

The fall of the gavel was particularly harsh at the trial.

From Shen Yao's point of view, there is really no way to prove Jiang Wei's guilt in this trial.

But from another point of view.

It can also be ruled that there is no way to prove Jiang Wei's innocence.

She can't convict Jiang Wei, and of course she can't convict Jiang Wei.

So I came up with a compromise solution - postponement of the trial.

Ask the prosecution to add evidence, or let the appellant add the evidence of innocence.

In this way, there is no problem with her verdict.

Failure to make a judgment on the spot and requesting an extension of trial is not within the scope of arbitrary judgments.

It's just a matter of delay.

This is what Shen Yao said, "Let's look again" means.

When Shen Yao decided to postpone the trial, Li Xiangqian sighed secretly.

It is true that this case could be adjourned.

But it is not necessary at all ....

However, since the presiding judge has already chosen at the trial, he made a judgment in this way.

Then he doesn't have much to say ....

In terms of applying for recusal, he confirmed that there was no need for recusal in this trial, and Shen Yao had the same opinion.

But this verdict ....

"Forget it.... There is no big problem with this determination. ”

Li Xiangqian thought silently in his heart.

.

Regarding the judge's decision, Xu Bo breathed a sigh of relief.

But for Su Bai, this judgment is bullshit!

What does it mean that the trial should be postponed because the guilt cannot be proved and the innocence cannot be proved?

Skepticism is indeed justified!

There's nothing wrong with that.

In this case, Jiang Wei could not produce evidence to prove his innocence.

This is the basic situation.

It was also because of this situation that he was sentenced to life imprisonment.

But....

Because of this circumstance, he was sentenced to life imprisonment in the first instance, and the life imprisonment in the second instance was very unjust.

What Su Bai didn't expect was that at the same time as the case was overturned, the collegial panel would actually take out this matter again!

What to say does not prove innocence .... Then an adjournment of the hearing was requested.

???

Go TM's!

According to the Code of Criminal Procedure, if there is only suspicion but no conclusive evidence, then there is innocence.

It is very unreasonable for you to ask the person to prove his innocence or guilt.

Again.

Adjournment of proceedings is conditional.

For example, if a party who must participate in the trial or other litigants is unable to be present, they may apply for an adjournment of the trial.

Alternatively, the party or the lawyer retained an application for recusal at short notice.

Third: It is necessary to notify new witnesses to appear in court, collect new evidence, and conduct supplementary investigations.

.

….

The above are the statutory circumstances for the general adjournment of hearing.

But why was the case adjourned?

This case is a retrial and re-prosecution, and 13 years have passed....

The evidence that can be supplemented has already been supplemented.

Why continue to postpone the trial?

Isn't this procrastination?

Could it be that the addition of new evidence would add to the possibility of this case?

Basically impossible.

Faced with the postponement of the trial by the presiding judge, Su Bai directly raised his hand.

"Presiding Judge...."

"I would like to ask the presiding judge about the reasons for the postponement of this trial."

"The reason given by the presiding judge is that we cannot prove our innocence."

"But this trial is a retrial, and it is still applicable to the statutory situation."

"Could it be that in this trial, the prosecution can produce any other strong evidence."

"Or do you need to add other strong evidence to make a strong accusation against our client?"

"Presiding Judge, in the judgments of the first and second instance, our parties used illegal evidence and witness testimony that was insufficient to form direct evidence."

"These two points are the main evidence and an important part of the chain of evidence to determine the guilt of our client."

"At the trial of this retrial, it has been proved that these two kinds of evidence are both non-objective facts and illegal evidence."

"In this case, if there is no conclusive evidence to indict us, we should be acquitted."

"But why did the presiding judge ask for a postponement of the trial on the basis of these two pieces of evidence - not to find us guilty, but also not to acquit us?"

"This way of judging is very unreasonable!"

"We believe that this verdict should be rejected and we should be found not guilty."

Facing Su Bai's gestures and statements, Shen Yao on the trial table frowned slightly.

However, he ignored the relevant opinions stated by Su Bai.

From the state of bowing his head, he looked up at Su Bai slightly:

"The decision to postpone the trial was made by the collegial panel."

"Please ask the above-mentioned parties to entrust a lawyer and respect the decision of the collegial panel."

"The collegial panel made a judgment in accordance with the law, and there were no violations."

"It's a legal judgment."

"On this basis, the opinion of the appellant's counsel is dismissed."

After speaking.

Shen Yao looked around at the parties in the trial and asked:

"Do you have any other opinions from the parties to the trial?"

"If there are no other opinions, then the trial will end first, and the court will inform the parties of the time for the trial to be held again."

Su Bai: ???

Do you have any other opinions, how do you ask this?

There must be an opinion!

You have been postponing the trial, and you can't give Jiang Wei an accurate time to overturn the case.

If it is said that in this trial, the trial will continue to be postponed.

Then it is very likely that the case will continue to drag on for another 1 to 2 years.

Two years....

By then, the cucumber dishes will be cold!

Su Bai raised his hand again: "I protest against this trial. ”

"Because according to the law, we believe that this trial does not meet the conditions for a postponement of the trial."

"This trial.... Both legally and objectively. ”

"We should be acquitted, and we do not accept the decision to postpone the trial."

In response to Su Bai's protest, Shen Yao spoke:

"The collegial panel in this case has made a relevant ruling."

"For the appellant's protest .... Overrule! ”

Knock knock!

The gavel fell, and Shen Yao didn't give Su Bai any more chance.

"Closed now."

After speaking, he said to the camera of the live broadcast of the trial: "The court is closed, and now the live broadcast of the trial can be turned off." ”

Immediately afterwards, after packing up the relevant litigation materials, he took the other two members of the collegial panel and prepared to leave the courtroom seat.

Su Bai caught up: "Presiding judge, I think it is very unreasonable to postpone the trial. ”

"This case has been decided, and whether it is postponed or not, this case cannot prove that we have committed a crime."

"Why should there be a postponement of the trial when there are no criminal facts in this situation?"

Shen Yao himself was not tall, and when Su Bai chased after him to ask.

Shen Yao raised her head slightly and looked at Su Bai together.

"The collegial panel has requested an adjournment of the hearing."

"Now that the court is closed, you talk to me so much, it doesn't work, understand?"

"Besides, if the party is not guilty, even if the trial is postponed, what about delaying some time?"

Su Bai: ....

Looking at Shen Yao's impatient expression, Su Bai didn't know what to say for a while.

How could she say these things so confidently?

However, Su Bai still wants to fight for it again:

"But the Supreme People's Procuratorate has already intervened in this case."

"Regarding the postponement of the trial, I would like to ask, when is the next trial session of the presiding judge?"

"If the Supreme People's Procuratorate intervenes, it also needs to go through the relevant process, and it cannot be said that the Supreme People's Procuratorate intervened, so we should be acquitted."

"When will the next court session wait for the notice!"

"Okay, don't talk about the rest, go back and wait for the notice!"

Shen Yao finished speaking impatiently, and then left the trial table.

looked at the figure of the presiding judge and the other two members of the collegial panel who were drifting away.

Li Xuezhen stood aside and asked in a low voice:

"Lawyer Su.... I've found the department where I reported it...."

"What does this call an obvious inclination to the prosecutor.... If it weren't for the open trial, and the Supreme People's Procuratorate would have intervened..."

"I always feel that this verdict is very likely to continue to convict Jiang Wei."

“.….”

"Let's go.... Lawyer Su. ”

Li Xuezhen spoke on the side.

Su Bai also sighed, he didn't expect the final result of this case to be like this.

Adjournment of hearing?

Why postpone the trial when it can be adjudicated on the spot?

He did not understand the presiding judge's reason for doing so.

But obviously, this is not a good thing for his client Jiang Wei.

If the case cannot be overturned, it means that the grievances on the body cannot be cleared.

The presiding judge of the adjourned trial did not give a specific time, so should it be delayed forever?

Certainly not.

"Well, let's try it first."

Su Bai nodded and spoke.

.

….

PS: Ask for a monthly pass~

(End of chapter)