Chapter 338 No Evidence Judgment, Judicial Environment Is Not Very Good?

According to the general trial process, it is transferred to the law enforcement agency for case filing.

Subsequently, a case was filed to confirm the fact that there was a crime and that there was a related crime.

It is then transferred to the prosecution, which is the prosecution.

The prosecution confirms the facts, and if it believes that there is a problem in the case, then the case will be transferred to the court for trial.

If it is considered that the evidence in this case is insufficient or there are other circumstances.

The law enforcement party's request to file a lawsuit was rejected, and the law enforcement unit was required to supplement the evidence, release on bail pending trial, or withdraw the case.

What does no evidence mean?

Unevidentiary means that there is no conclusive evidence to prove that the defendant is at fault.

So why should the defendant be ruled against the case?

This is true from both a civil and criminal point of view.

Even if a high degree of probability is used in civil litigation.

That is also a relevant judgment made when there is a certain amount of circumstantial evidence.

Without evidence, this is even worse, which is equivalent to having no direct evidence and circumstantial evidence that can show that the defendant is at fault.

So how is it determined that the defendant loses the case?

Su Bai was very curious about the case that Xiao Haibo said had no evidence.

He said: "I have never seen such a verdict without evidence. ”

"Can you elaborate?"

"Hmm!"

"You wait for me for a while, I'll go to your office now, and the two of us will meet and talk."

Xiao Haibo had his lawyer's license reinstated after he was framed for falsifying evidence last time.

He also returned to the firm as a partner.

The law firm itself is not far from Baijun Law Firm, only one intersection apart.

In less than 15 minutes, there was a knock on the door of Su Bai's office, and Xiao Haibo pushed the door and walked in.

As he pushed the door in, he said:

"I can't tell you about this case on the phone, so it's better to talk to you in person."

"After all, I can understand the case in more detail."

"Sit."

Su Bai first asked Xiao Haibo to sit down, and then slowly stated the case.

Xiao Haibo and Su Bai have known each other for so long, and the two of them usually communicate with each other a lot.

So in terms of conversation, Xiao Haibo was not polite, and spoke directly: "Lawyer Su." ”

"The party in this case is a primary school classmate of mine who went to elementary school in my hometown, and the relationship between the two families is relatively good."

"He was previously at a key high school, where he served as a curriculum teacher and director of instruction."

"Now I was falsely accused by the students.... Not only was the case filed, but now the first-instance verdict has also come down, and the verdict is based on no evidence. ”

"You also know that I don't know much about criminal matters."

"As far as I know, the situation is like this now...."

Xiao Haibo has been explaining the cause and process of the case.

Because Xiao Haibo is also a lawyer, in terms of elaboration, the elaboration is relatively clear and objective.

Su Bai summarized the entire case to a certain extent.

In short, it is Xiao Haibo's elementary school classmate.

Previously held the position of teacher and director of instruction at a key high school.

However, he was accused by three female students of the school of molesting and harassing minors.

A case was then filed with law enforcement and a case was prosecuted.

He was sentenced to three years and six months in prison because of the involvement of several minors.

If the case is true, it involves harassment and indecency against multiple underage women.

Especially in schools, more serious situations have been involved.

Being sentenced to three years and six months in prison is a normal thing.

But in Xiao Haibo's statement,

He has always been in contact with this elementary school classmate.

This elementary school classmate has a very good character.

Whether it is for colleagues or students, it is very caring, but sometimes it seems a little strict.

There have been no gossip in the school for so many years, and there is no possibility of indecency and harassment.

Xiao Haibo also knows that this is only described in terms of personal subjectivity.

It is very likely that there will be a certain amount of misjudgment and wrong impact on the case.

As a lawyer, he is well aware of this.

Without evidence, no rhetoric is convincing.

This is especially true in criminal cases.

So he directly sent the original photo of the verdict to Su Bai.

Su Bai looked at the content of the verdict in detail.

Among them, the focus is on the disputed facts and reasons in the judgment.

and the facts and reasons found in the judgment, and the applicable law and evidence.

How to say it....

Judging from the relevant disputed facts in the judgment and the application and evidence of relevant laws.

Not zero evidence.

But yes, there is no direct evidence or no objective facts other than confessions.

Equivalent to zero objective evidence.

According to the relevant provisions of the Criminal Procedure Law, this judgment should not be sustained.

Why?

Because it is only a verdict and sentence based on confessions.

There are no basic factual and objective conditions.

It will greatly increase the probability of unjust, false and wrongly decided cases.

This is why the law has repeatedly emphasized that it should not focus solely on confessions.

After Su Bai read the verdict, it was determined that the judgment of this case was indeed very problematic.

Xiao Haibo explained all the circumstances one by one, and then asked:

"Lawyer Su...."

"Can you take this case?"

Su Bai nodded: "This case can definitely be accepted, there is no problem." ”

In Su Bai's opinion, this case can be regarded as a relatively special case.

Because except for some unjust, false and wrongful cases.

Su Bai also rarely encountered the kind of cases in which a verdict was made without direct evidence and objective facts.

If this kind of case is adjudicated, then it will be an "unjust, false and wrongly decided case" in the future. ”

Maybe it can become a classic case, enter the law exam textbook, and become the content of the exam.

This kind of case must be accepted!

After expressing his willingness to entrust this criminal case, Su Bai continued to speak:

"When can I see the client or the client's relatives?"

"Tomorrow."

"I only found out about this matter two days ago, and today my elementary school classmate's wife came to me and asked me to help."

"Hometown, you also know all kinds of favors, so I asked her not to worry about it and buy a high-speed train to Nandu tomorrow."

"We'll talk about it when we meet."

"Okay...."

Su Bai nodded.

Regarding the matter of this case, after the discussion, the two did not exchange pleasantries too much.

After all, it's very close .... Occasionally, the two of them would sit together in the office and drink tea.

There is no need for too many pleasantries.

After sending Xiao Haibo out of the office, Su Bai rubbed his eyebrows.

During this time.... The cases really came one after another.

Call....

Taking a deep breath, Su Bai sat on the sofa and looked down at his phone.

Immediately afterwards, I saw a message sent by Xiao Pingjun to himself: "Lawyer Su...."

"Just now, the supervisors of Tianjin City called me to contact me."

“？”

Xiao Pingjun's case is over.

Why did the supervisors in Jin City contact Xiao Pingjun at this time?

"What did the Ombudsman contact you for?"

"It's like this, Lawyer Su.... The inspectors only asked me if Wang Hai and Dafa Supermarket had any other behavior towards people like us who bought expired food. ”

"For example, intimidation and beating...."

Seeing this, Su Bai understood.

This is to ask Wang Hai whether he has been involved in organizing others to endanger social and public safety.

Supervisors, this is adding to Wang Hai's crime.

Xiao Pingjun continued to send messages over there:

"Lawyer Su.... I also asked the supervisors just now about the results of the handling of Wang Hai and the responsible persons of industry and commerce. ”

"The inspectors said they needed to keep it secret."

"But still tell me that the amount involved has been investigated for more than 2 million so far."

Million....

The amount involved in 2 million has already involved a huge amount.

It is basically equivalent to a prison sentence of 5 to 10 years.

However, with so many people involved, there is no way to define the exact amount.

Looking at Xiao Pingjun's statement, at least 20 people were involved in this case.

20 people ....

If Li Xuezhen learned the news, she would definitely be very happy.

Su Bai called Li Xuezhen to the office and briefly stated the news sent by Xiao Pingjun.

Really.

After Li Xuezhen learned the news, her eyes lit up, but then she silently recited a word of pity.

This case is an administrative case, or else ....

When the time comes to attend the trial, you can see the expressions of remorse on the faces of those in charge!

After such a long period of contact, Su Bai was very careful about Li Xuezhen's thoughts.

At a glance, he could see what Li Xuezhen was thinking in his heart, coughed dryly, and handed over the materials he had just sorted out to Li Xuezhen.

"This is a new case commission, you can take a good look at it, and then go to the enforcement judgment network and the judgment network to learn about the relevant judgments of this case."

"Sort it out and give it to me today or tomorrow morning."

Li Xuezhen took the materials, read them briefly, and then nodded emphatically: "Okay, lawyer Su!" ”

…

Wait until the next day.

Office.

Su Bai and Xiao Haibo, along with the wives of their elementary school classmates, sat on the sofa.

Li Xuezhen poured a glass of water for each of them, and then sat on Su Bai's side.

As for the relevant circumstances of this case, Su Bai has already understood everything he can know.

Just listen, Xiao Haibo's elementary school classmate, Xia Mingyuan's wife Xie Hui, after seeing Su Bai, her expression was a little nervous, and she slowly spoke:

"Lawyer Su...."

"In this case, my family Mingyuan was really wronged."

"My family Mingyuan is in school, and it has always been for students to get grades and be admitted to a good university, going out at five o'clock in the morning and going home at ten o'clock in the evening."

"To be honest, it's really not easy to hold on for so many years."

"After being the director of education for so many years, there is no student who does not say that he is good after graduation."

"At least I wasn't admitted to university at the time, but after I entered the society, I understood his good intentions."

"As for molesting and harassing female classmates, female students, I don't believe this at all as his wife!"

"It's not just that I don't believe it, it's that my colleagues at school, leaders and students don't believe it."

"So.... This time, I would like to ask Lawyer Su to help our family Mingyuan.... If only he had been sentenced. ”

"That's really wrong."

Su Bai nodded, listened to Xie Hui's opinion, and then spoke:

"That's right, judging from the verdict of the first instance, there are indeed certain problems in the judgment."

"But I want to ask a few questions about this case."

"Lawyer Su, you ask."

"Are there any other circumstances in the process of filing this case and the prosecution's review?"

"Or what you think is unreasonable."

"Yes!" Xie Hui nodded with a serious expression:

"Among the three girls who accused my family Mingyuan."

"One of the girls has a relationship with law enforcement."

"There is also a certain relationship with the procuratorate."

"I don't know if there's any connection, I don't have evidence, and I don't dare to say."

"But I always feel that this matter has a certain connection with Mingyuan's sentencing."

"And there's.... All three girls were because they had problems at school. ”

"The teacher has repeatedly reported that the three girls did not abide by school rules and discipline at school, and even bullied other classmates."

"The school demanded expulsion."

"This matter was handled by my family Mingyuan."

"Then the parents of the three girls approached Mingyuan and wanted the three students to stay in school."

"But it was rejected by Mingyuan."

"Later, they called the police and said that my family Mingyuan violated them.... Isn't this a false accusation? ”

When Xie Hui said these things, the expression on her face couldn't control her anger.

Although he didn't say it, in fact, he had already decided in his heart that there was a certain connection.

Su Bai frowned slightly, there is still such a network in this case?

Three victims.

One girl has a relationship with law enforcement, and the other has a relationship with the prosecution.

And then.... After being expelled from school, Xia Mingyuan, who was in charge of this matter, was found.

I want to go back to school.

However, he was rejected by Xia Mingyuan.

After being refused, three female students sued Xia Mingyuan, who was the head of education, for harassing and assaulting them.

And in the absence of objective facts, only confessions, he was sentenced to three years and six months in prison.

No, but any normal person would think that there is a problem in this case, right?

Again.

In the process of adjudication, why is it only based on confessions and not on factual evidence?

Isn't this a scoundrel?

In this case, Su Bai reassured Xie Hui that there would be no other situation.

Let's not talk about anything else.... According to the two girls, there may be an interest in the person involved.

It is completely possible to report this case first, and there may be a certain amount of dereliction of duty and bending the law for personal gain!

But after Su Bai expressed his opinion, Xie Hui seemed a little hesitant.

"Lawyer Su.... You may not have been in a small county town. ”

"A small place is no better than a big city."

"The judicial environment in our place is not very good...."

？？？

The judicial environment is not very good?!

…

PS: Ask for a monthly pass~

Mobile version:

『Click here to report error』『Add to bookmark』