Chapter 358 Trial: The Defendant's Court Questioning, Evidence! Evidence! Or proof!

When Su Bai accepted the commission, there were only two or three days before the court session.

It can be said that the time from accepting the commission to the first trial is very short.

In this case, Su Bai can only accuse Huang Xuemei in the first-instance trial according to the available evidence.

For this case....

Su Bai has also made relevant preparations.

Approaching the eve of the trial.

A well-known criminal law firm in the Northern Capital, Yanda Law Firm, in the office of the chief lawyer.

Wan Xiangdong, as the chief lawyer and Huang Xuemei's entrusted lawyer, is receiving Huang Xuemei's parents.

Huang Xuemei's parents, both of whom work in well-known companies and serve as senior executives, have a lot of say.

In the northern capital, there are a lot of connections.

Regarding Huang Xuemei's case, Huang Tao, as a father, is very concerned.

Because Huang Tao and his wife only have such a daughter, they usually love Huang Xuemei very much at home.

This kind of thing happened, although it made Huang Tao feel caught off guard and surprised.

But no matter how you say that you only have such a daughter, you definitely don't want Huang Xuemei to have a heavy sentence.

Regarding Huang Tao's worries, Wan Xiangdong smiled and said: "Mr. Huang...."

"You don't have to worry so much about this case, although all the factual basis points to Xuemei, but now we can completely determine that the prosecution's accusation is not factual evidence."

"How can you accuse that there is insufficient evidence of facts?" Huang Tao asked.

"The key is direct evidence, how can the verdict be made without direct evidence?"

"I don't know how much evidence the prosecution has collected in this case, but I learned by questioning Xuemei that the prosecution should not have direct evidence to prove that Xuemei committed a crime."

"So Mr. Huang shouldn't worry too much about this."

"Hmm...."Huang Tao nodded, and then listened to Wan Xiangdong speak:

"But this one.... Mr. Huang had better not disclose it to the outside world, because this is what we need to show at the trial. ”

"Well, I understand this question, the main thing is this case, I'm afraid that there will be any tendencies at the time of trial."

"There is no need to worry about this, this time it was the Beidu Intermediate People's Court for a trial, and at the same time, I also applied to the Intermediate Court for a public trial."

"As long as it goes publicly, then there won't be too many problems with this case."

"No matter how you say it, the judiciary must also pay attention to the influence of public opinion."

"It is also impossible for the presiding judge to exercise his right to sentence without evidence."

"Hmm!"

Hearing Wan Xiangdong's assurance, there would be no other accidents in this trial, Huang Tao was relieved.

With a slight smile on his face, he said:

"Lawyer Wan, if we win this trial, aside from the lawyer's fees, then all the legal affairs of our company will be handed over to Wanxiang Law Firm in the future."

Hearing Huang Tao's promise, Wan Xiangdong nodded with a smile: "Then thank you Mr. Huang." ”

"I'll definitely do my best in this case."

"Hmm."

Huang Tao nodded, silently thinking in his heart, Wan Xiangdong is the top criminal lawyer in the northern capital.

There shouldn't be any other problems.

…

Soon, it was time for the court session.

Regarding the case of Huang Xuemei poisoning Zhu Yun, this time the case occurred in a top university in China.

Let's be honest ....

The shock is great, and the impact is great.

Who would have thought that such a thing would happen to the top universities in China?

It is necessary to know how many students in the country want to enter this kind of college and university.

In the eyes of ordinary people, entering this university at least guarantees the lower limit of their future.

This vicious criminal case has occurred, and the bad impact is too great.

No one could have imagined that such a criminal case could occur in such a university.

Many media and the public want to know what the verdict of the first instance will be.

Especially when this trial is in public, many people are looking forward to seeing how the trial will pronounce and interpret the case.

Waiting room for trial.

Su Bai repeatedly sorted out the relevant evidence materials for this trial.

As the victim's lawyer, he must ensure that he can assist the prosecution in making a strong accusation in this trial.

Confirmed.

Su Bai exhaled lightly and waited for the staff to bring them into the courtroom.

It didn't take a few minutes.

The staff showed up outside the waiting room: "Hello, now ready for the trial. ”

"Please come with me to the trial."

"Okay."

Su Bai nodded and took Li Xuezhen to the trial room.

Wait until all personnel are inside.

After the clerk announces the relevant laws and regulations, the collegial panel enters.

The presiding judge and two judges came to the bench.

This trial has a huge pressure on the presiding judge and the members of the collegial panel.

Why do you say that....

Because this case involves the poisoning of students at a top university in China.

The impact is very large.

If the verdict is not good, then the voice of public opinion will be loud.

Therefore, from this aspect, the presiding judge and the members of the collegial panel have a lot of pressure.

Sun Zhengping, as the presiding judge of this time, sounded the hammer after taking his seat:

"This trial will be held by the Beidu Intermediate Court."

"Cause of Action:"

"The prosecution will prosecute Huang Xuemei, the suspect involved in the poisoning case of Beidu University."

"Next, I ask the prosecution to state the facts and evidence of the crime, as well as the relevant sentence recommendation."

"Okay presiding judge."

This time, the prosecutor's prosecutor Chen Le, faced the presiding judge's question, nodded and opened his mouth to make a statement.

The prosecution's statement of the accusation against criminal suspect Huang Xuemei is as follows: "

"According to the prosecution's investigation and visits, and the locking of evidence, it has been determined that Huang Xuemei is the only suspect in this case."

"According to the confessions of the other two roommates in dormitory 304 of Building 5, where Huang Xuemei and Zhu Yun are located."

"It means that Huang Xuemei and Zhu Yun have a deep contradiction."

"Before the case, Huang Xuemei even expressed that she wanted to kill Zhu Yun."

"And through investigation, it was determined that Zhu Yun was due to taking highly toxic chemicals."

"In the process, the chemical laboratory in which Huang Xuemei participated lacked important highly toxic chemicals."

"Where do highly toxic chemicals go?"

"According to the surveillance in the chemical laboratory, these chemicals were taken out of the laboratory by Huang Xuemei."

"And it is consistent with the highly toxic chemicals that Zhu Yun consumed."

"In this case, it can be confirmed that Huang Xuemei is the main suspect in poisoning."

"According to the provisions of China's criminal law: guilty of intentional homicide and poisoning."

"Causing serious injury or death in accordance with regulations shall be punishable by fixed-term imprisonment of not less than 10 years, life imprisonment or death."

"In this case, Zhu Yun's current state is far beyond serious injuries and her intelligence has seriously deteriorated, so I believe that the judgment should be based on the seriousness of the circumstances."

"The recommended sentence given by the prosecution is: a suspended death sentence."

"Presiding Judge, the above is the content of the prosecution's statement."

After the prosecution gave relevant statements, Huang Tao and his wife, who were sitting in the hearing seat, breathed a sigh of relief.

Reprieve?!

The sentence is so heavy?!

Huang Tao's wife turned her head to look at Huang Tao's eyes full of worry.

Although Huang Tao was also worried in his heart, he still comforted him:

"Don't worry, Lawyer Wan said that there won't be much of a problem in this case."

Hearing the comfort, Huang Tao's wife's expression calmed down, but there was still unstoppable worry in her eyes.

On the trial bench, Sun Zhengping nodded slightly after listening to the prosecution's statement of relevant matters, and then looked at the defendant's seat:

"Is there anything that the defense has to appoint a lawyer or a client to present and defend against the prosecution's accusation?"

"Some presiding judges."

Wan Xiangdong, as Huang Xuemei's entrusted lawyer, immediately spoke.

"Regarding the prosecution's charge that we are guilty of intentional homicide and poisoning."

"We don't agree."

"And we plead not guilty."

When hearing the defense retain a lawyer to make a not-guilty defense.

Chen Le, as the prosecutor, did not speak, and looked at Wan Xiangdong with a calm expression.

He wanted to hear how Wan Xiangdong pleaded not guilty.

Immediately afterwards, Wan Xiangdong continued to speak: "I believe that the relevant statements of the prosecution have certain loopholes. ”

"First of all.... The objective evidence presented by the prosecution is the confession of Huang Xuemei's roommate. ”

"There is also the source of chemical drugs, that is, the chemicals that poison Zhu Yun."

"Here I want to ask the prosecution, what the prosecution stated about the confessions of Huang Xuemei and Zhu Yun's roommates, can the confessions of the roommates be expressed?"

Chen Le spoke: "Specifically, it can show Huang Xuemei's subjectivity. ”

"Thank you, prosecutor, for your answer."

Wan Xiangdong then turned his head: "Presiding judge, the witness who appeared in court today is Huang Xuemei and Zhu Yun's roommates, I want to ask if the witness's confession is okay?" ”

In the presiding judge's seat, Sun Zhengping nodded: "Yes." ”

After obtaining the consent of the presiding judge, Wan Xiangdong took a fancy to the two roommate witnesses in the witness seat.

"I would like to ask the witnesses, based on the evidence and the statements made by the prosecution about you."

"Did you hear that Huang Xuemei said that she wanted to kill Zhu Yun?"

Yao Qing, as a roommate, nodded: "Yes, we have heard Huang Xuemei say many times that she wanted to deliberately hurt Zhu Yun. ”

"Then I would like to ask, why did you testify in court?"

"Presiding Judge, here I want to explain that I don't have any malicious intent, I just want to ask Yao Qing's subjective thoughts."

Wan Xiangdong raised his hand and explained to the presiding judge why he asked such a question.

The presiding judge nodded in understanding.

The inquiry continues.

Faced with this question, Yao Qing spoke: "I appeared in court to testify, and there was no other reason. ”

"I just want to tell the truth."

"Okay.... At the end of this question, I still want to ask you, you heard that Huang Xuemei wanted to hurt Zhu Yun, so have you heard that Huang Xuemei wants to hurt Zhu Yun? ”

"Nope."

"Hmm!" Wan Xiangdong nodded: "So do you think it was Zhu Yun who was hurt by Huang Xuemei?" ”

Yao Qing: "I think it's very possible. ”

What is the source of this possibility? Is it because you think that the relationship between Huang Xuemei and Zhu Yun is not good, and you have expressed Huang Xuemei's idea of wanting to hurt Zhu Yun? ”

After a few seconds of silence, Yao Qing nodded: "Yes." ”

"Then have you seen the process of Huang Xuemei's poisoning or know the specific details of the case?"

"Nope."

The two asked and answered again, and after this question, Wan Xiangdong looked at the seat of the court:

"Presiding Judge, my questioning is over."

"Well, then continue to defend Huang Xuemei's innocence and make a statement."

"Okay." Wan Xiangdong nodded:

"Presiding judge, according to my questioning just now, the relevant circumstances of this case have been clearly indicated."

"The witness's statement just now was based on his own subjectivity, believing that Huang Xuemei poisoned Zhu Yun."

"But in this case, neither the confession of her roommate nor the source of the chemicals can prove that Huang Xuemei was poisoned."

Here's why:"

"From the perspective of evidence, Huang Xuemei did show hostility towards Zhu Yun."

"But, on the other hand, showing hostility and saying I want to kill her, is that really trying to kill her?"

"Not necessarily, but it may be mentioned on the lips, and it cannot be used as a basis for judging subjectivity."

"In addition, the confession of the witness just now has been described very clearly, and no details of Huang Xuemei's poisoning have been found."

"From this point of view, the confession of a witness only provides a general possibility and has no objective factual basis, that is to say, the confession of a witness cannot be accepted in terms of judgment."

"In addition, the prosecution proposed that the chemicals that Huang Xuemei brought out from the laboratory were consistent with the chemicals detected on Zhu Yun's body."

"But what does that mean?"

"Does it mean that Huang Xuemei is suspicious?"

"Yes, that's right, Huang Xuemei does have a huge suspicion, but the suspect and the criminal are completely different."

"Huang Xuemei brought chemicals out of the laboratory, did she poison them?"

"Who can confirm that she was poisoned?"

"Is there anyone who can confirm or has anyone seen it with their own eyes, and there is an objective factual basis to show that Huang Xuemei was poisoned?"

"Not really!"

"So from this point of view, there is no objective factual basis to prove that Huang Xuemei poisoned and wanted to deliberately kill Zhu Yun."

"It shows that Huang Xuemei poisoned and wanted to kill Zhu Yun, which is completely equivalent to fabricating facts!"

"What is the main thing in a criminal case?"

"It's proof!"

"Without objective factual evidence, how can a criminal suspect be found guilty?"

"There are no laws and regulations that have such a provision to prove the guilt of criminal suspects."

"According to the relevant provisions of the Criminal Law and the Criminal Procedure Law of our country:"

"The determination of a criminal suspect needs to rely on sufficient objective facts to prove his guilt."

"The current situation is that there are no objective facts to prove that Huang Xuemei was poisoned."

"Based on this, we apply to dismiss the prosecution's application for action."

"Ask the court to acquit us!"

To put it bluntly, Wan Xiangdong's point of view is that even if there is a possibility of suspicion, even if all the criminal suspects point to Huang Xuemei.

However, without objective factual basis, Huang Xuemei cannot be convicted.

From the above discussion, can Huang Xuemei be found guilty?

No!

This is exactly what Su Bai is worried about - the lack of direct evidence.

If you want to prove it with direct evidence, it is really difficult to tell the truth.

Because in the current situation, the prosecution does not have direct eyewitnesses or other direct evidence.

The direct evidence here indicates the details of the case, the specific process of poisoning.

But can it be judged from side evidence?

You can too!

Therefore, after Wan Xiangdong expressed his innocence, Su Bai, as the accuser, also raised his hand.

wants to accuse Huang Xuemei from side evidence.

…

PS: If you change the case, it won't work if you don't change it.

Ask for a monthly pass~

Mobile version:

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