Tokyo Barrister: Start the law firm bankruptcy

Chapter 424 Situation Notes
In the courtroom, the female public prosecutor loudly refuted the defense lawyer's statement again.Indeed, if even the company a person works for takes the initiative to identify its employees as criminals, then who can deny Morimoto's authority in the Cangqiao Club?After all, no matter how much a lawyer argues in court, it is not as powerful as the proof of employment provided by the company.

Qian Hezi looked at the lawyer in front of her, and believed that no matter what he did, he would definitely lose today.

Beiyuan didn't seem to care about the female prosecutor's offense. He rubbed the material with his fingertips and raised the corner of his mouth slightly, and said, "I want to ask the prosecutor a question. The so-called "Statement of Situation" about Morimoto's appointment provided by Cangqiao Club belongs to the Which type of evidence is specified in the Criminal Procedure Code?"

When Qian Hezi heard that the lawyer actually asked such a question, she couldn't help letting out a contemptuous laugh.She immediately waved her hand and said, "Needless to say, the "Circumstances Explanation" provided by the Cangqiao Club belongs to the provisions of the Criminal Procedure Law..."

However, at the end of this sentence, it suddenly got stuck.

belongs to...belongs to...

Qian Hezi suddenly felt a blank in her head, and her whole body seemed to be down, and she froze in place.

What type of evidence does the "Statement of Situation" provided by the club belong to the law?
Chikako thought about this seemingly extremely simple question, but for a moment she didn't understand why she couldn't answer it right away.The next moment, the female prosecutor's body trembled, and the disconnection in her mind seemed to be suddenly connected, and she suddenly understood the meaning of the opposing defense lawyer's question.

At the moment when she figured it out, Qian Hezi's face immediately lost most of its color.

The defense lawyer wanted to... want to say that the "Statement of Situation" provided by the Cangqiao Club does not belong to the statutory type of evidence stipulated in the Criminal Procedure Law! ! !

【Types of statutory evidence】

【按照刑事诉讼法规定，证据有八种法定种类：分别为（1）物证；（2）书证；（3）证人证言；（4）被害人陈述；（5）犯罪嫌疑人、被告人供述和辩解；（6）鉴定意见；（7）勘验、检查、辨认、侦查实验等笔录；（8）视听资料、电子数据。呈上法庭的证据，应当属于此八种类型，否则由于不属于法定证据种类，不得被认定为是证据。】

Beiyuan took a step forward and looked at the trial seat, "Chief judge, the Criminal Procedure Law stipulates eight legal types of evidence. Although the public prosecutor submitted a statement about Morimoto's employment at the Cangqiao Club. However, the statement is neither material evidence nor evidence. Documentary evidence."

"The "Statement of Situation" is not material evidence, so it needs no explanation. However, it is not documentary evidence either. The so-called documentary evidence is evidence that proves the facts of the case by the content recorded in words, graphics and other symbols. Common documentary evidence includes accounting documents, contracts, etc. , documents, tickets, etc. However, the "Statement of Situation" was only issued by the Cangqiao Club at the request of the Procuratorate, and it does not belong to the type of documentary evidence stipulated in the Criminal Procedure Law."

"Therefore, the so-called "Explanation of Circumstances" produced by the public prosecutor does not conform to the form of evidence required by law, does not have the qualifications of evidence, and is not a basis for the court to find out the facts!"

Qian Hezi opened her mouth slightly, she never thought that the lawyer opposite could launch an attack from this angle.The female prosecutor's breathing became heavy.

In criminal proceedings, because there are a large number of dossier materials, the investigative agency and the prosecutor's office will often rely on these "statements" instead of original evidence materials for proof.As a result, in practice, there has been a great controversy over whether the "Statement of Situation" belongs to the category of statutory evidence.

Chikako panicked.The reason why she panicked was not just because the current "Situation Statement" was challenged.In the case of Morimoto, there are a large number of such "Statements of Circumstances".If the evidentiary qualification of this Statement of Situation is overturned, the other Statements of Situation will also be overturned together.

This bad situation must not be allowed to happen.

Qian Hezi immediately stood up and retorted: "The company is familiar with Morimoto's employment situation. The statement issued by it is of course probative and qualified as evidence. It can be roughly classified as a witness in the procedural law." The testimony belongs to the testimony of the company on Morimoto's employment situation."

"Is the prosecutor joking!!" Bei Yuan roared instantly.

Bei Yuan's gentle and normal expression just now suddenly became ferocious.

It was as if a demon had descended on this court.

The majesty and momentum that suddenly erupted, like the curse of an evil spirit, entangled everyone in front of him and stopped them.

Qian Hezi was taken aback. This majestic public prosecutor just now showed nervousness and fear. The young male lawyer reflected in her pupils seemed to be real at this moment. It turned into a monster that could eat people, and opened its bloody mouth towards her.

In the next second, Bei Yuan's voice sounded: "The so-called testimony of a witness must be a statement made by the witness on the facts he perceives. As an abstract legal subject, does an enterprise have five senses?! Does it have the ability to perceive?! Can it see and hear like a person?!"

"This kind of "situation statement" on a piece of paper is not a witness testimony at all. If the public prosecutor really wants to submit a witness statement to the court, then invite the chairman of the Cangqiao Club to the court! Invite the members of the remuneration committee Come to the court! Bring the company’s finances, accounting, and personnel to the court! Invite the twelve researchers involved in the case to the court!”

"Only what they said in person is called a legal 'witness statement'! Such a piece of paper with only one club stamp and no name on it is not called a witness statement! This is called irresponsibility, and this is called anonymous framing and framing!"

Beiyuan raised a file in his hand, "Among the so-called evidence presented by the prosecutor's office in this case, there are a large number of "statements of the situation" issued by a third party or issued by the prosecutor's office. The public prosecutor replaced the evidence with the so-called "statements of the situation" The so-called "Statement of Circumstances" is used to evade the obligation of those who really know the facts to testify in court, and the so-called "Statement of Circumstances" is used to directly pretend to be the facts of the case!"

"This is irresponsible, and it is also a violation of the Criminal Procedure Law!" Beiyuan's eyes showed firmness, and he looked at the three judges in the court, "The defender requests the court to reject all the "laws" presented by the public prosecutor in this case. Evidence eligibility for documents such as Situation Statement! To maintain the authority of the Criminal Procedure Law!"

(End of this chapter)