Chapter 373 Judgment Dereliction of Duty! Refutation? Presiding Judge: Rejected!

Regarding Zhang Liang's statement, Wang Lixuan, as the public prosecutor, very much disagreed.

Because the prosecution submitted it for prosecution and transferred it to the court for trial, there must be a factual basis.

Withdrawal?

There are witnesses, confessions, and related circumstantial evidence.

Why did they drop the lawsuit?

Just by virtue of the lack of intuitive evidence, it is impossible to determine dereliction of duty?!

Besides, Zhang Liang's statement just now was completely based on Xu Xingwang's ignorance of the law.

Xu Xingwang may have had a certain loophole in the process of making a statement, and was caught by Zhang Liang.

Based on this, Zhang Liang made a strong rebuttal.

But in reality?

In fact, it is difficult to say whether Zhang Liang's rebuttal can be recognized by the collegial panel.

Indeed, according to general logic, there will certainly be no direct evidence for illegal acts such as coercing confessions.

It is difficult for a person's confession to be accepted without direct evidence or other evidence.

But without direct evidence, can't it be judged as dereliction of duty?

Not!

Whether Zhang Liang retorted that Wang Fang was not derelict in his duties, or something else.

Regarding the application for withdrawal of the lawsuit again, Wang Lixuan, as a public prosecutor, retorted:

"The defendant has appointed a lawyer not to file a request for the prosecution to withdraw the indictment."

"Is there any basis for you to ask the prosecution to drop the case?"

"Or do you think there is anything that the prosecution needs to avoid in this trial?"

"It's just that you think that the evidence can't convict Wang Fang, so in the trial, you have been asking the prosecution to withdraw the case, where is the legal basis for you?"

"Presiding Judge."

"The defendant entrusted a lawyer in court and repeatedly asked the prosecution to withdraw the case, without any legal basis."

"We apply to warn the defendant's lawyer."

On the bench, Li Qingyuan, as the presiding judge, heard the prosecutor's opening.

glanced at Zhang Liang.

Ring the gavel.

"The prosecutor's application was approved."

"The punishment is based on the evidence at the trial, and the prosecution's transfer to the trial is compliant and legal."

"The defendant's lawyer asked the prosecution to withdraw the case, but there is no legal basis or legal facts, and now he is given a warning and reminder."

"If there is a next time, I will be expelled from the courtroom!"

This reminder has already made clear the presiding judge's point of view.

In this case, even if the defendant's lawyer believes that the evidence is insufficient to sue the complaint.

Whether guilty or not guilty is up to the court to decide.

Zhang Liang repeatedly raised the complaint for the prosecution to withdraw the case, which is seriously inconsistent with the relevant procedures.

Li Qingyuan, as the presiding judge, also understands Zhang Liang's psychology.

At the same time, he also knew that this was an open trial, and Zhang Liang mainly wanted to save Wang Fang's image.

But it is the image of the prosecution that is damaged to restore Wang Fang's image.

Did Wang Fang really derelict his duties?

Of course!

This kind of behavior is not allowed.

Therefore, after the prosecution filed an application for a warning, the application was immediately agreed.

Zhang Liang also understood that the presiding judge's intention of reminding this time was repeated again and again, not again.

Now that the warning has been given, it cannot continue.

The trial continued.

On the bench, Li Qingyuan sorted out the current progress of the defense.

At present, the main statement of the defense is that there is no direct evidence to prove that Wang Fang forced others to confess.

The direct evidence that Zhang Liang said here is an objective fact.

For example, whether Xu Xingwang can produce evidence of his injuries to prove Wang Fang's beatings, persecution, etc.

Or is there any video or photo to prove Wang Fang's persecution.

These two points obviously do not exist.

After all, no one will leave evidence when they know exactly that they are committing illegal acts.

Then this direct evidence is missing.

Can Wang Fang's dereliction of duty be proven?

This is up to the parties in reply.

The gavel sounded.

Li Qingyuan summarized the existing defense:

"In this case, whether Wang Fang committed dereliction of duty caused by abuse of power."

"The court now makes the following conclusions."

"The defense believes that there is no direct evidence to charge Wang Fang."

"The testimony of victim witnesses is not supported by objective factual evidence."

"Do the prosecutors and the prosecution have anything else to say about this?"

"Yes."

Wang Lixuan immediately spoke: "In addition to the witness testimony of the victim, there is also the evidence that his former colleagues directly witnessed it. ”

"This is stated in detail."

For Wang Lixuan's opening, add.

Su Bai also took this opportunity to add, after raising his hand and getting the consent of the presiding judge.

Su Bai added: "Presiding judge. ”

"When the defense attorney says that there is no direct evidence, he means that there are no objective facts."

"That is, at a glance, it can prove that Wang Fang has persecuted behavior."

"But in this case, Wang Fang has a complete chain of criminal evidence."

Chain of evidence?

Zhang Liang frowned slightly, only to hear Su Bai continue to speak:

"In this case."

"According to the confessions of the victim and Wang Fang's colleagues, it can be confirmed that Wang Fang has committed persecution."

"And Wang Fang's motive for committing the crime is also very sufficient, because he has a strong meritorious performance, so he used illegal means."

"Again, on the other hand, according to the specific performance of this case."

"Xu Xingwang is not a criminal, so how did he know the specific details of the crime and the process of the crime?"

"How do you describe the specific robbery and murder scene?"

"Xu Xingwang's description is almost consistent with the reasoning and judgment made by the law enforcement at the time."

"How do you confirm this?"

"Therefore, from this argument, combined with the victim's confession and the confession of his colleague, Wang Fang's dereliction of duty can be determined."

Faced with Su Bai's statement, Zhang Liang immediately opened his mouth to refute:

"But we have already made it clear just now."

"The acquittal of Xu Xingwang was based on insufficient evidence, not on the basis that there were no criminal circumstances."

"Rather, it is a reversal of the case based on insufficient evidence as the main key point."

Su Bai: "? ”

"What does the defense mean by retaining a lawyer that although we are not guilty, it cannot prove that we did not commit a crime and that we are suspected of committing a crime, right?"

Zhang Liang: "Yes. ”

Su Bai: "....."

Since the verdict of not guilty is to determine that there is no criminal fact.

Now in this case, the original court decision has been denied, which is not legally recognized.

"The High Court has ruled that we are not guilty of reversing the case, confirming that we are not guilty of the crime, and the lawyer entrusted by the defendant has stated that we were released because of insufficient evidence."

"Although it has not been confirmed that we were interrogated using illegal procedures during this process."

"But since we are found not guilty, then in the definition of the law, it means that we did not participate in this burglary and murder."

"This statement by the defense lawyer is denying the judgment of the High Court?"

"According to the statement of the lawyer's lawyer entrusted by the defense, is there a criminal causal relationship between the lack of evidence and our failure to participate in the burglary and homicide?"

"There is a criminal causal link at this point."

"So from that point of view, what is the defense attorney indicating?"

Zhang Liang: "We did not deny the judgment of the High Court, but only to show whether there is a possibility that this case was done by Xu Xingwang." ”

"But due to the lack of major key evidence, he was acquitted."

"This led to the same results of his confession as the law enforcement investigation."

Hearing this, Su Bai retorted with a smile:

"Do you have any evidence to prove that Xu Xingwang committed the crime and was then exonerated from the crime, resulting in the same result of his confession as the law enforcement investigation?"

"At the trial, you accused us of this logical possibility to determine that we have this fact."

"Where?"

"Or do you think there is such a logical possibility that the High Court did not think of when it decided the penalty?"

Generally speaking, the reversal of a case is considered from multiple perspectives.

There are many things to consider.

When Zhang Liang speaks of this possibility, he does not mean that it almost does not exist, but that there is no possibility of existence.

Why?

This is because there are many factors that need to be considered in determining the reversal of a case, and the statutory situation also needs to be taken into account.

The High People's Court reversed the case and found that Xu Xingwang's case was unjust, false and wrongly decided.

Then it has been confirmed that Xu Xingwang did not rob and kill!

There was no burglary and murder, so how did the details of the crime come about?

How did the judicial confession come about?

Is this doubtful?

Combined with the confession, Wang Fang's dereliction of duty can basically be determined.

Zhang Liang wanted to continue to refute, but at this time he was interrupted by the presiding judge Li Qingyuan.

"The defense has appointed a lawyer to temporarily stop the rebuttal."

"Let me ask now, the lawyer entrusted by the defense, did you have any evidence when you stated this just now?"

"Or under which legal provisions?"

Zhang Liang opened his mouth and replied: "Presiding judge, what I just said just now only shows that there is such a possibility. ”

"To refute the statement of the lawyer appointed by the accuser just now."

"Okay, so what you mean now is that there's no evidence to prove what you just said, right?"

"Yes."

Hearing Zhang Liang's answer, Li Qingyuan looked down at the materials in front of him, then raised his head and spoke:

"The statement of the lawyer entrusted by the defendant just now is now rejected."

"The reason is that there is no relevant evidence to prove the statement of the lawyer entrusted by the defendant, while the statement of the lawyer entrusted by the accuser is based on the result of the sentence."

"Legally, this kind of challenge is not supported."

"Do you have any opinion on this?"

"Nope."

Dismissed, Zhang Liang shook his head and did not continue to state.

In fact, he also knew that it was not easy to make a defense from this point of view, and he was approved by the presiding judge.

It is also easy to refute.

But in this case, they want to fight for their principals' rights.

That's definitely going to give it a try.

However, now that it has been dismissed, the presiding judge's opinion has already been expressed.

He has no legal or factual basis, so he can only accept the presiding judge's opinion.

And the other side.

On the bench, Li Qingyuan once again summed up the existing defense.

According to Su Bai's point of view, circumstantial evidence has confirmed the authenticity of the confession.

Why?

Because Xu Xingwang is not a criminal, how can he describe all the crimes in detail and the facts of the crimes?

This is basically an impossible situation.

So from this point of view, it can already be explained that the authenticity of Xu Xingwang's confession.

Coupled with the confessions of Wang Fang and other colleagues, then in this case.

Wang Fang's judgment is already very clear.

Is there malfeasance?

It must exist!

…

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