Chapter 353: Reverse the accusation, Xiao Li: Send it in!
Chapter 344 Reversal Accusation, Xiao Li: Send it in!
With regard to the submission for retrial, the High Court has transferred jurisdiction.
Relevant evidence was identified and verified.
and notification of the parties to attend the hearing.
But this time....
For the retrial, Wu Yan and the other three victims did not participate in this trial.
Instead, the evidence and materials were handed over to his entrusted lawyer Wang Qin to appear in court.
This time, for Xia Mingyuan.
The court session and other proceedings went very smoothly.
The trial was conducted by the Intermediate People's Court of Pusan City.
As Su Bai supplemented the relevant evidence.
Therefore, it can be seen from the supplementary evidence on the side that the confessions of Wu Yan and the other three victims may be false.
In this case....
Wang Qin is using the victim's status as a minor and other circumstances as a point of defense.
But there are no objective facts.
The court did not adopt Wang Qin's view.
Ultimately.
The court accepted the evidence added by Su Bai.
It is determined that Wu Yan and others' accusations against Xia Mingyuan are fictitious.
And there is no objective evidence to prove the fact that Xia Mingyuan harassed and molested Wu Yan and other three victims.
The final verdict, Xia Mingyuan is not guilty!
After three verdicts, Xia Mingyuan was finally found not guilty in the retrial procedure.
The judgments of the first and second instance were rejected.
Three verdicts, how to say .... finally gave Xia Mingyuan a clean slate.
Su Bai exhaled lightly and looked at the seat of the judgment table.
This retrial is the normal trial process!
The other party has the possibility of fabricating a confession, coupled with the fact that there are no objective facts, how can Xia Mingyuan be judged guilty?
A verdict of acquittal is the normal situation!
…
In the trial, Xia Mingyuan was emotional, and kept bowing to the seat of the trial table and the seat of the lawyer entrusted by the litigation to thank him.
In his heart, he always believed that the law would give him a fair verdict.
Willing to wait.
It's just that when the retrial results are announced, I am still very excited....
After calming down, he came to Su Bai and bowed deeply: "Lawyer Su.... Thank you...."
"If it weren't for you, I might not have done just three and a half years in prison."
"I may even be rumored at school to harass and molest female students, and I can't wash my innocence in this life!"
There was a tremor in his voice as he spoke.
Su Bai smiled and nodded: "Anyway, now he has been declared innocent." ”
"It's a good thing."
For Xia Mingyuan's emotions, Su Bai can understand.
As a teacher who has been working hard for so many years.
In the end, his innocence was not guaranteed, and he was charged with molesting and harassing a schoolgirl.
This may even be psychologically worse for a teacher who has worked in the school for so many years than killing him.
But now there is one more important thing.
Su Bai continued to speak:
“.… Regarding the follow-up situation, such as the family interests of Wu Yan and others and the false accusations made by Wu Yan and others...."
"Whether or not to file a case and file a lawsuit at this point depends on your thoughts."
"I have prepared all the relevant evidence materials, if you choose to sue, you can file a case now."
"If you don't sue.... You can also. ”
"It depends on how you choose as a principal."
Xia Mingyuan heard that Wu Yan and others could be held accountable, and he did not hesitate.
"Lawyer Su.... I've decided to prosecute them! ”
"They falsely accused me and caused me to sit in the detention center for so long.... I have to sue them! ”
"The hearts of these students are so bad! They must be educated by the law! ”
"Otherwise, I might make some big fuss in the future!"
"This is responsible for me, and also responsible for others, Lawyer Su, I ask you to sue them!"
"yes, okay."
Su Bai smiled and nodded.
To tell the truth, the period of detention between the reopening of the case and the end of the retrial lasted five or six months.
In general, the conditions in detention centers are even worse than those in prisons.
During this time, Xia Mingyuan's mental condition has been very poor.
So when Su Bai asked if he wanted to file a case against the false accusations of Wu Yan and others.
Xia Mingyuan agreed without hesitation!
Why?
Angry!
was falsely accused of having something that obviously didn't exist, and he was almost sentenced to three years and six months in prison!
It even affected his innocence and reputation for a lifetime.
Who is this for, who is not uncomfortable?
Regarding Xia Mingyuan's desire to continue to file the case, Su Bai opened his mouth to respond:
"Okay, then I'll follow up on the rest of the questions."
…
For the evidence of Wu Yan and others' false accusations, Su Bai has already collected them.
Now it is only necessary to submit the relevant case filing information to the law enforcement authorities.
It's just a little bit ....
To file a case, it is still necessary to file a case with the relevant jurisdictional department.
In other words, it is still necessary to file a case in Baichuan County.
In Baichuan County.
Su Bai took Li Xuezhen to the relevant jurisdictional law enforcement unit.
After expressing his intentions, he filled in the case filing materials and asked the staff:
"Hello, generally after the case is filed, when can a relevant response be given?"
The staff glanced at the filled materials and frowned slightly:
"The situation involved in your case is still quite serious."
"There was a false accusation involved, and there were still five or six months of detention to go, and the de facto crime situation has been reached."
"Regarding the relevant situation, we will review and verify it and will respond within seven working days."
"Seven business days? Okay, we're waiting for a response. ”
Su Bai nodded, and then left the law enforcement department with Li Xuezhen.
Wait until you walk out of the office hall.
After a pause, at this time, Li Xuezhen chased after him from behind:
"Lawyer Su.... Xie Hui has already said that the judicial environment in Baichuan County may not be very good. ”
"Now that we are filing a case in Baichuan City, will we suffer from other situations?"
I have to say that Li Xuezhen is very right about this.
However, the fact is that after the case is filed, the relevant procedures must be followed.
If the process cannot be promoted, or if the case is refused in accordance with the relevant laws and regulations.
If the situation is serious, then there will be situations such as malfeasance.
In this case, there may not be someone to help Wu Yan and not file a case.
Not even close relatives.
Xia Mingyuan's verdict can be based on the subjectivity of the presiding judge.
However, if the case is refused, it already involves a violation of the Criminal Procedure Law.
Article 111 of the Criminal Procedure Law clearly stipulates that the procuratorial department shall not file and investigate cases that should be filed by law enforcement departments.
Where it is submitted to the procuratorial department, the procuratorial department shall request that the law enforcement department explain the reasons for not filing the case.
If there is no valid reason, the case filing procedure must be carried out.
At the same time, in accordance with article 553 of the rules of criminal procedure of the procuratorate, the victim and his legal representative believe that a case involving a public prosecution should be filed and investigated, and transferred to the prosecution but not proceeded.
The procuratorial department may request that the case of suspected crime be transferred to the procuratorial department in accordance with the provisions on jurisdiction.
The above two laws stipulate how to deal with the situation that a case should be filed but not filed.
Again.
If you really don't file a case, then you can also submit an application to the department at the next higher level.
In a word.... If the relatives of Wu Yan and others are involved in this layer of interests.
And if you don't file a case on this basis, then the situation you suffer is very serious.
There was no illegal act in the last investigation, but this time it was really done.
No violations?
Almost impossible!
In other words, if Wu Yan's relatives must help Wu Yan refuse to execute the case.
To be honest, it would be better to transfer the issue to the court and the judgment will be null and void.
There is a slight problem because of the refusal to file a case and collect evidence.
Then there is a violation of the law.
They also know very well in their hearts that Xia Mingyuan's lawyer is a top criminal lawyer in the country, and he is also a lawyer with a high topic.
If you do.... What is the result of facing them?
In the face of their results, it is inevitable to be investigated!
Therefore, there is basically no situation where the case cannot be promoted.
There will only be cases where the court does not make a verdict of guilt.
But now that the evidence is relatively sufficient, how can the court find a not guilty?
It's basically impossible.
Su Bai smiled and said to Li Xuezhen:
"Rest assured, this won't be the case."
When Li Xuezhen heard Su Bai's words, she nodded reassuringly: "Okay lawyer Su." ”
…
After Su Bai submitted the case, the law enforcement department that was submitted to it.
The case was immediately sorted out and reported.
It was forwarded to the Criminal Filing Unit.
When Zhang Xiaojun came into contact with this case, he was stunned for a moment.
??
False accusations, resulting in the person being detained for up to six months.
The person who filed the case filled in was Xia Mingyuan's entrusted lawyer, and the person who was filed the case, Wu Yan....
The name Wu Yan made Zhang Xiaojun frown.
What's going on?
Wu Yan was filed in turn?!
…
Baichuan County, in a small area.
As soon as Zhang Cuili heard that Wu Yan had been filed, she immediately became anxious: "I said Xiaojun." ”
"What the hell is going on, what's going on?"
"How can Xiaoyan still be filed!"
"What does Xia Mingyuan want to do? We didn't say anything during the retrial, and now he is going on the other side to accuse Xiaoyan, what does he mean?! ”
"Xiaojun, what do you say about this matter, just give him the case and reject it..."
"Sue us, what is his identity, he dares to sue us!"
Zhang Cuili came to talk about Wu Yan after Zhang Xiaojun came to talk about Wu Yan's case.
The whole person chattered endlessly.
Zhang Xiaojun on the side listened, and waited until Zhang Cuili finished venting her emotions before speaking:
"Sister, don't be so excited, don't talk like that."
"This case can be dragged out and not executed first, but later, people will go to the procuratorial department later, or report to the higher level."
"In the end, it still needs to be dealt with...."
"If I don't deal with it all the time, what will I do later?"
"It's not something that can be solved without filing a case."
Zhang Xiaojun opened his mouth to persuade, but Zhang Cuili on the side was anxious: "Then what should I do, then what do you say?" You can't watch your niece Xiaoyan get sent in, can you? ”
"How old is Xiao Yan, she is still underage, and she is not yet 18 years old!"
"Under the age of 18, if there is any stain left, how will you let her live her life in the future?"
When Zhang Xiaojun heard Zhang Cuili's words, he sighed: "I know what you think, sister...."
"Xiaoyan was accused, I know how to deal with this matter, but the case filing procedure must not be stopped."
"When the time comes to sue in court, if the other party can't produce any substantive evidence, then the accusation will not be successful, understand?"
"So we should look at the side of the court's decision, and we should not take care of the case filing."
Zhang Cuili heard Zhang Xiaojun's explanation, and the whole person calmed down.
"Okay...."
"Then I'll leave this matter to you, but you remember, Xiaoyan, there must be absolutely nothing to do, you know?"
"I got it, sister...."
Zhang Xiaojun reluctantly spoke.
As her niece, Wu Yan is very clear about how she behaves in school.
There is bullying of other classmates and other behaviors that do not follow the school rules.
Although he did something wrong, after all, he was his niece, and he must find a way to help.
However, in terms of the verdict, he has read it, and the evidence submitted for filing the case is relatively sufficient.
As for whether the false accusation can be judged successful, he is also uncertain.
Let's be honest .... He still needs to ask about it.
…
And the other side.
After Su Bai submitted the case filing materials, the fifth working day.
Received a response to the filing of the case.
——Regarding the false accusations made against Xia Mingyuan by Wu Yan, He Juan, Li Bing and others, as well as the reputational damage and substantive circumstances caused to Xia Mingyuan.
The law enforcement side found that the facts and evidence in this case were sufficient and decided to file the case.
Investigation and confirmation of the facts are ongoing.
Seeing the response of the law enforcement side, Su Bai smiled....
Completed the relevant case filing and promotion.
The rest is much simpler, and the evidence is sufficient to hand over to the prosecution.
After the prosecution has completed the verification, the case will be transferred to the court for public prosecution.
The evidence involved in this case is sufficient.
And the objective facts are sufficient.
Even if the presiding judge wants to have a certain degree of subjectivity.
But this verdict will definitely not change anything!
If so?
If there is, it can only be said that it is time to go in!
…
Once a case has been filed, it is necessary to conduct an investigation into the facts.
Wu Yan's home.
Several law enforcement officers knocked on the door, although Wu Yan had already listened to Zhang Cuili's instructions.
But at the end of the day, I was still scared of being prosecuted.
couldn't help but look back at Zhang Cuili, her expression was about to cry without tears.
"Mom.... I'm scared...."
Although Zhang Cuili didn't want to see this scene, she really couldn't help it.
can only open his mouth to comfort: "Don't worry, you are only being investigated now, and the court will definitely acquit you later." ”
"It's like not being at home and being outside for a while."
"Obedient."
Facing Zhang Cuili's comfort, Wu Yan cried and nodded.
Immediately afterwards, he was taken away by law enforcement officers for investigation.
In addition, the prosecution's process for the case has also been accelerated.
After verifying the relevant evidence, a request for prosecution was submitted to the court.
After verifying the facts, the court decided to hold a trial of the case.
The parties were notified of the time of the hearing and the relevant dates.
Looking at the court session of the notice, Su Bai rubbed his eyebrows and exhaled lightly.
It is not easy for this trial to be able to go to this point!
On the side, Li Xuezhen looked at Su Bai's face from the side, and a satisfied smile unconsciously appeared on her face.
Call....
He exhaled a long breath and patted his chest, with a light in his eyes.
Silent thought in my heart: Send it in!
…
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