Chapter 420: Classic Moment, Does the Truth Matter?
Chapter 411 Classic Moment, Does the Truth Matter?
Bench on the judging table.
Faced with Su Bai's litigation request, Hong Jiangtao was thinking about whether to agree.
Because of this request made by Su Bai at the trial.
It was something he hadn't expected in the run-up to this trial.
According to Su Bai....
It is okay to postpone the trial to investigate Lei Xiaozhen.
Especially when Su Bai raised it, the situation of the source certification of the murder weapon.
This is a feasible scenario.
Then again....
Su Bai put forward this point of view because he believed that there were other truths in this case.
It's just that when Hong Jiangtao was thinking about it, Xie Wenliang was obviously a little anxious.
The reason for the anxiety is, of course, the reluctance to postpone the trial.
Once the case is adjourned....
Well due to the principle of avoidance.
He and the law enforcement officers handling the case need to recuse themselves.
If someone else or the appellant requests a provincial prosecution, an investigation will be launched into the case.
The truth and facts will definitely be investigated in the future.
Therefore, Su Bai asked for a postponement of the trial and an investigation of Lei Xiaozhen.
Xie Wenliang raised his hand again and said, "Presiding Judge." ”
"We've made it clear just now."
"In fact, Lei Xiaozhen was investigated to rule out the suspicion of expiration."
"There is no circumstance in which the appellant did not rule out other suspects, as stated by the appellant."
"It's just that maybe the appellant didn't know much about this situation, so they came to such a conclusion."
"One more thing."
"Regarding this trial, if it can be proved from objective facts that the chain of evidence is insufficient, or there are other doubts."
"Then it can be confirmed that Lin Wanjia is not a criminal, and the charges against him can be withdrawn and other suspects can be tracked down."
"But if you prove the objective facts, you can prove that Lin Wanjia is the criminal."
"So what's the point of having a deferred trial to pursue other people's suspicions?"
"There is no other meaning at all."
"In other words, it completely affects this trial and the verdict of Lin Wanjia."
"and a waste of judicial resources and judicial time."
"We can confirm that there has been no negligence in our enforcement of the law."
"Based on the above points, we believe that for this trial, it is still necessary to continue the trial."
There is some truth in Xie Wenliang's statement.
At the same time, it also shows a point of view -
If it can be proved that Lin Wanjia is the criminal in this trial, then there is no need to investigate the criminal suspicion of others.
After all, the facts of the offender's crime have already been proven, and it is a waste of judicial resources to pursue the criminal suspicion of others.
Does this point of view make sense?
Makes sense!
It makes perfect sense.
But is it applicable in this case?
The answer given by Su Bai is very inapplicable.
Because what kind of situation is Lin Wanjia facing?
The situation faced by Lin Wanjia is - being framed.
Although the chain of evidence and evidence in this case are relatively complete and complete.
However, the main evidence involved in the chain of evidence comes from planting.
First of all, it doesn't matter if it's framed or not.
Judging from the available evidence, it is entirely possible to adjudicate it.
If it is really according to Xie Wenliang's statement, the facts of Lin Wanjia's crime can be determined.
In other words, through the court, it cannot be ruled out that Lin Wanjia is not suspected of committing a crime.
There is no need to investigate others to determine Lin Wanjia's crimes.
So this trial.... In this case, Lin Wanjia's criminal behavior will be determined.
Even if Lin Wanjia is innocent.
Why did Su Bai propose a postponement of the trial and ask for an investigation of Lei Xiaozhen?
Because!
Based on the available evidence and the existing circumstances, the case wants to have a breakthrough and find the truth.
It is necessary to prove that some of the evidence is framed.
But now there is no evidence to prove that Lin Wanjia was framed.
There is only one breakthrough point - investigate Lei Xiaozhen and find a breakthrough point from him.
So this trial must not continue.
Su Bai opened his mouth to retort: "We don't agree with the prosecutor's point of view, what we are looking for is the truth." ”
"Again."
"We don't know that the prosecution has investigated Lei Xiaozhen."
"There are no transcripts and quotations, and we do not agree with this investigation, and from a legal point of view, we will not agree."
"And according to our certification of the murder weapon, we suspect that this case is a case of framing and framing, and continuing the trial cannot prove Lin Wanjia's innocence."
"I believe that it is not only me who believes that the investigation of other suspects should continue in this case."
"The public also wants to know the truth of this case openly and fairly."
"Based on this, we again apply for an adjournment of the trial."
Xie Wenliang stared at Su Bai closely, and from his point of view, he would definitely not be able to postpone the trial.
So he refuted Su Bai's statement again.
"But this case is a trial against Lin Wanjia, and it is an argument about Lin Wanjia's guilt or innocence."
"It's not a question of whether or not someone else is suspected of committing a crime."
"What is the appellant's attorney pursuing? Seeking the truth of the facts? ”
"But does the truth matter in this case?"
"Or is it important that the appellant's lawyer believes that the truth of the facts?"
"What should be the truth in the trial?"
"The truth is that Lin Wanjia should be punished specifically according to the law."
"There is no other situation."
"On the point of truth, there is the accepted behavior of the Dharma circle, that is, everything is spoken according to the evidence."
"The statements made by the appellant's lawyer about the murder weapon and the gossip are all clues."
"It's not objective factual evidence."
"So at this point, I don't think what the appellant is stating makes any sense."
"Let's talk about the public's opinion, the public's opinion has a certain deviation in the sense of the law."
"I admit that some of my statements may not be in place, and that's true."
"Personally, I think what the public wants is a fair verdict based on the evidence, rather than something else."
Su Bai and Xie Wenliang are trying to expound on this point of view from their own perspectives.
One wants to persuade the presiding judge to postpone the trial, and the other wants to continue the trial.
Both sides have relevant evidence and arguments on this point.
Bench on the judging table.
Hong Jiangtao sat in the presiding judge's seat and glanced at each side.
Didn't speak.
There was silence for nearly five seconds before striking the magic hammer:
"On the appellant's request for an adjournment of the hearing."
"The appellant only has the confessions of certain persons, and the source of these confessions cannot be proven."
"Basically not objective facts."
"Therefore, the appellant's request for an adjournment of the hearing was dismissed."
"If the appellant has any objection to the court's rejection, it can submit corresponding comments to the relevant departments after the hearing."
"Alright, the trial continues."
The gavel sounded.
Hearing the presiding judge's opinion, Su Bai stared straight at the trial table.
There is no problem with the presiding judge's decision.
But in this case, it certainly can't be judged that way.
Because this is related to whether Lin Wanjia will be judged by the law as an innocent person.
Thinking of this, Su Bai spoke without permission: "Presiding judge, jurors." ”
"We have no evidence to confirm this trial for the time being, and it is a frame-up."
"But there are all kinds of suspicions, and the suspect is pointed at Lei Xiaozhen."
"The truth of this trial is about whether an innocent person will suffer years in prison."
"It's about whether an innocent person can get the ultimate innocence."
"The prosecution says what we think is innocence and the truth is not important."
"So what's important?"
"Law and evidence matter?"
"We admit that this is important, there is no doubt about it."
"But we have already mentioned that the evidence is a certain possibility of framing."
"Can the prosecution, as an investigator, not be clear about this? But why doesn't he have any evidence to prove that he is not framed? ”
"Why is there no investigation record and any objective fact investigation of Lei Xiaozhen, who is suspected of committing a crime?"
"That's for that."
"Have you solved the doubts that Lei Xiaozhen is a criminal raised by us?"
"Nope!"
"Based on this, does it bring a certain possibility in this trial to prove that Lin Wanjia did not commit a crime?"
"Yes."
"What is the law after? The law pursues rigor and fairness! ”
"We hope that this case will also be rigorous and fair."
"In addition, the prosecutor's evaluation of the public is indeed very objective."
"The public wants the law to judge with fair evidence."
"But do they want to see what the real truth is?"
"Yes!"
"Besides, in this case, if the prosecution really ignores it, the investigation of Lei Xiaozhen."
"So are they on the side of justice?"
"Not really."
"If the investigation of Lei Xiaozhen was not neglected, why is there no objective factual evidence such as relevant records?"
"Doesn't that make people wonder too much?"
"In other words."
"What if the truth is that Lin Wanjia is not a criminal suspect and has caused a wrongful situation?"
"Isn't it just that an innocent person, innocently judged?"
"So starting from these above points, our requirements are not excessive!"
"I would like to invite the presiding judge, the members of the collegial panel, and the members of the jury."
"Discuss the adjournment of the trial and decide whether to adjourn the trial."
After Su Bai finished speaking, his eyes met those of the chief judge on the judgment table.
In fact, there are still some words that Su Bai did not state.
That is, what angle did the prosecution and law enforcement stand on and did not investigate?
Are they acting from a legal point of view? Or from the perspective of some powerful people?
Did he really investigate, or did he not investigate, but deliberately said at the trial that he participated in the investigation of Lei Xiaozhen?
For this question, Su Bai leaned towards the latter.
If it is really investigated, it is impossible to do without objective factual evidence such as transcripts and quotations.
Statements at trial.... The investigation was carried out, but no objective factual evidence could be produced.
This situation only illustrates one point - they do not want or are afraid of adjourning the proceedings.
I am worried that if I lead the topic to Lei Xiaozhen, something uncontrollable will appear.
In this case, the more frightened the other party is, it means that if an investigation is conducted, there will be unexpected gains.
Although the presiding judge refused to adjourn the trial.
However, Su Bai can emphasize the facts so that the collegial panel and the jurors can deliberate on whether to postpone the trial.
This is the first case in which people's assessors have participated.
Not a lot of attention has been taken.
Su Bai put forward an application for the members of the collegial panel and the jurors to deliberate and then make a decision.
And not too much.
And the presiding judge Hong Jiangtao on the bench.
After hearing Su Bai's statement, he naturally understood the meaning and reminder contained in Su Bai's words.
So he rang the hammer and announced: "Adjournment!" ”
…
PS: Ask for a monthly pass~
Mobile version:
『Click here to report error』『Add to bookmark』