Chapter 369 The Supreme People's Procuratorate appealed and designated the High Court to hold a trial

In criminal cases, all accusations are based on evidence.

Just like the situation faced by Xu Xingwang's case.

At the beginning of the accusation, Wang Fang was in the trial.

Basically, there is not much left for the handle.

In other words, it is difficult to trace it back now.

Why?

First, Wang Fang's trial was conducted in violation of procedural rules, and according to Xu Xingwang's statement, it was a coercive act.

But how is it persecuted?

Is there evidence of persecution?

You say you were beaten, or you stood for three days without sleeping.

Is there any evidence?

Where is the evidence?

You can't produce any evidence that you were beaten or that you didn't sleep for three days.

So why do you want to accuse people, you are being persecuted?

All judgments need to be based on evidence!

Without evidence, it is empty words, especially in cases more than 20 years ago.

After all, so long has passed in the timeline, and many clues have been interrupted.

It's hard to get certified.

Su Bai deliberately checked on the Internet, and Wang Fang was less than 30 years old more than 20 years ago.

In this case, what else can there be besides Xu Xingwang's confession?

Therefore, this case involves many issues and complex situations.

In terms of applying for retrial alone, there is no small difficulty.

Appeal is based on new evidence, which must be based on all the circumstances of the case.

Inside the office.

Su Bai once again sorted out the entire information in the file, and asked Xu Xingwang many times about the specific details of the case.

After several days.

Su Bai sorted out the main new evidence for the reversal of the verdict in this case.

Call....

After discovering new evidence, Su Bai exhaled and rubbed his eyebrows.

The case .... It is different from the unjust, false and wrongly decided cases in the past.

In the past, unjust, false and wrongly decided cases all had obvious problems of lack of evidence.

But I don't know if Wang Fang deliberately smoothed out the entire clue process back then, or covered it up.

As a result, it is very difficult to find new primary evidence.

But now the basis for an appeal has finally been found.

Xu Xingwang's case went through the first and second trials at the beginning, and more than 20 years have passed.

If you want to apply for an appeal again and change the judgment, you can only apply to the Supreme People's Procuratorate for a protest and a retrial.

After sorting out the relevant materials and new factual evidence.

Su Bai submitted a request to the Supreme People's Procuratorate to apply for a protest.

More than 20 years have passed since this case.

However, the relevant dossier and other matters are still relatively complete.

According to Su Bai's estimate, the Supreme People's Procuratorate will make a relevant judgment on this case within one month.

Decide whether to file a protest.

A month is not a long time.

Soon, a month passed, and the Supreme People's Procuratorate also replied to Xu Xingwang's case during the period.

The Supreme People's Procuratorate held that the new evidence submitted by Su Bai was valid evidence in this case.

In other words, the Supreme People's Procuratorate believes that there is no direct evidence to prove that Xu Xingwang committed a burglary and murder in this case.

Based on this .... The Supreme People's Procuratorate believes that this case should be retried.

Therefore, the case was dismissed by the Jiangdu High Court for a new trial.

The Jiangdu High Court also quickly launched a corresponding investigation into this case.

It is also prepared to retry the case in accordance with the current circumstances.

The whole process is not too complicated, but the progress of each process is very slow.

Because it is necessary to check repeatedly to make sure that there are no other situations.

So from Su Bai taking over the case to the retrial, nearly three months passed.

When he learned of the retrial, Su Bai told Xu Xingwang about the situation as soon as possible.

After Xu Xingwang learned the news, he was very happy.

After all, after more than 20 years in prison, I finally have the opportunity to avenge my grievances!

After the Jiangdu High Court completed the investigation.

The relevant details of this case were also quickly sorted out, and the parties were notified of the specific time of the trial.

…

Meanwhile.

Wang Fang's house.

Wang Fang also received a notice of the opening of the case, which was told to her.

But....

To be honest, Wang Fang has handled a lot of cases.

23 years ago, she really remembered the case of Xu Xingwang clearly!

Because of the quarrels caused by this case in Jiangdu back then, and because of the deliberate dissemination of the media, it had a great impact.

The above attaches great importance to this case.

However, there is no key judgment information to solve the case.

So let her take over the case from other criminal investigators.

After a fact-finding into the case.

Soon she confirmed that the murderer of the burglary was Xu Xingwang.

and made Xu Xingwang plead guilty and accept punishment.

Why does she remember it so clearly?

Because it was this case that made her affirmed by the leadership, she has her current position.

But....

How to say it, at that time, all the criminal suspicions pointed to Xu Xingwang.

In her opinion, Xu Xingwang's mouth is very hard and does not provide a single confession.

The above attaches great importance to this case, and if she wants to make meritorious contributions, she must use some other behaviors.

Of course, in the end, it also succeeded, and successfully made Xu Xingwang admit guilt and accept punishment.

At present, perhaps more than 20 years ago, she did have certain problems with the review and trial of this case.

There are circumstances that may not be true and have unjustly imprisoned Xu Xingwang for more than 20 years.

For this, Wang Fang's expression was calm.

The Supreme People's Procuratorate decided to raise a protest and retry the case.

Then it means that there is new evidence that allows Xu Xingwang to overturn the case.

The reversal of the case will indeed have a certain impact on her, but it will only have a certain impact on word of mouth.

As for the rest .... Others are not a big problem.

Thinking of this, Wang Fang didn't continue to think about it.

…

On the other hand, the Jiangdu High Court also officially opened a trial of Xu Xingwang's case more than 20 years ago.

On the court court.

As the presiding judge of the case, Lin Yuanfeng, learned that the Supreme People's Procuratorate had protested against the case.

When the Jiangdu side was asked to retry the case, it had already investigated the relevant circumstances of the case.

In a case more than 20 years ago, to be honest, it was difficult to collect evidence in many ways.

This also leads to the court when it hears unjust and wrongful convictions.

Although the Supreme People's Procuratorate has made a protest, the Supreme People's Court still needs to make a judgment based on the factual basis.

After all....

Forensic inspection is two departments that exercise different responsibilities.

Ringing the magic hammer, Lin Yuanfeng looked at Su Bai: "The cause of this case." ”

"The appellant believes that there was a miscarriage of justice in the case of Xu Xingwang's burglary and murder 23 years ago."

"After the review of the Supreme People's Procuratorate, the Jiangdu High Court of this court will retry this case."

"The appellant is hereby requested to state the factual basis of the appeal."

"Okay presiding judge."

Su Bai nodded and continued to speak:

The appellant's arguments were based as follows: "

"In this case, the main chain of evidence identified in the case of Xu Xingwang's burglary and robbery 23 years ago is as follows:

"First: Xu Xingwang picked up some of the items of the victim of the burglary at that time, as the main authenticated physical evidence."

"The main motive for Xu Xingwang at that time was that Xu Xingwang did not marry a wife at that time, and his family was poor, which was in line with the burglary scenario."

"Second: Xu Xingwang's confession, pleading guilty and accepting punishment, and expressing the details of the crime at that time, is consistent with the scene at the time of the crime."

"Third: most of the criminal suspicions and facts can point to Xu Xingwang."

"The above three points are the main chain of evidence involved in this case."

"For the above three points, we believe that there is a very big judgment loophole."

"First: At that time, it was determined that the stolen goods in Xu Xingwang's hands belonged to burglary."

"But why only partially?"

"Where is the rest?"

"And in the confession at that time, Xu Xingwang made a certain statement about the facts of the crime and the details of the crime."

"It can be said that everything is truthfully explained."

"There's no need not to tell where the rest of the stolen goods went."

"Because he refuses to confess, he can only be punished severely."

"Then why didn't Xu Xingwang explain the remaining stolen goods?"

"Is it because he doesn't want to confess, or because he doesn't, or maybe he doesn't know where the rest of the booty is?"

"In response to this, I would like to ask the presiding judge to know about Xu Xingwang's current confession."

On the bench, Lin Yuanfeng, who was the presiding judge, nodded: "Okay." ”

"Please tell the appellant what you know about the situation at the scene."

After Xu Xingwang faced the presiding judge's question, he nodded again and again: "Okay, good...."

"Presiding Judge, I was really wronged."

"I remember when I was caught, I made it very clear at the beginning that I had picked up a gold necklace on the side of the road."

"I don't know who this gold necklace is.

At the time, I thought that this gold necklace was very valuable, and I thought that it would be better luck that day.

Then the next day he took the gold chain and went to the gold shop to sell it for money, and then he was arrested. ”

"When I was arrested at the beginning, it was actually nothing, because I picked up this gold chain, and I didn't commit a crime."

"I told them very clearly, and I also pointed out where I picked up this gold chain."

"Originally, at the beginning, the staff told me to let me stay for two more days, and when the facts were clear, they would let me leave."

"But I didn't think much of it."

"But after two or three days, and I wasn't allowed to leave, I felt that something was wrong."

"Then I heard that the investigator of this case was replaced, and it was replaced by Wang Fang."

"Immediately afterwards, the subsequent investigation said that I had the time to commit the crime, the tools to commit the crime, and, according to the appraisal report issued by the relevant departments, the suspect's body shape was similar to mine."

"Accuse me of being a suspect."

"But I just picked up a gold chain and sold it for money, and that's all I did."

"They asked me where the rest of the stolen goods went, and I didn't even know!"

"Then Wang Fang said that I had broken into the house and killed people and robbed them."

"That gold chain is the stolen goods I robbed."

"I was completely confused."

"Categorically deny."

"However, at this time, Wang Fang began to ask me to explain in other ways."

"I have not sinned, what shall I confess?"

"I picked up that gold chain, and I don't even know whose room I entered or who I killed."

"Let me confess my crime of burglary and murder, how can I confess?"

"But Wang Fang still subjected me to a harsh trial."

"I didn't sleep for three days, I couldn't help it, I felt at the time that even if someone was really killed by me, it was better than now."

"I can only tell Wang Fang, or you tell me how I committed a crime."

"Wang Fang asked me to make a confession according to the facts of the crime she deduced."

"Actually, I made a confession because I was reluctant to do it, and I had no choice but to make a confession like that."

"Actually, when I identified the scene, I didn't even know what it was like."

"Presiding Judge, this is my true confession."

Xu Xingwang hurriedly stated the whole facts.

On the judgment table, Lin Yuanfeng nodded slightly

The facts explained by Xu Xingwang were briefly sorted out.

Then he spoke: "The above description is mainly because you think that Wang Fang had an illegal procedure against you during the trial, right?" ”

"Yes, Presiding Judge!"

Xu Xingwang nodded hurriedly.

"So apart from your confession, do you have any other objective factual evidence to conclude that she had an illegal procedure against you?"

Hearing this, Xu Xingwang shook his head.

In the appellant's seat, Su Bai took a deep breath.

The presiding judge's question really got to the point.

In such cases, the confession can only be used as supporting evidence.

If you want to determine Wang Fang, or believe that the procedure is illegal, you need objective factual evidence.

That's a really hard question to answer!

…

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