Lawyer

Chapter 1055 Who is it?

"[-]. There are contradictions and doubts among the evidence in this case. There is a lack of reasonable explanation and reasonable doubt cannot be ruled out. The details are as follows:
1. Deng Shiyun once stated that Niu Jiayan wore blue pajamas with cartoon patterns before going to bed, but the on-site investigation records and photos showed that Niu Jiayan wore beige pajamas with cartoon patterns.

Deng Shiyun said that he did not change Niu Jiayan's pajamas after the incident, and Fang Xinyue never confessed that he had changed the victim's pajamas after killing Niu Jiayan.The existing evidence cannot provide a reasonable explanation for why Niu Jiayan's clothes changed.

2. There are contradictions in the evidence regarding the location of the crime tool and the hidden knife at the scene.

The defendant Fang Xinyue once testified that he put the knife on the bedside table after the crime.In her first confession, Deng Shiyun said that when she woke up, she found the knife in her hand.Witness Jiang Wenfei (the landlord) testified that after entering the scene, she found a hidden knife on the ground in Deng Shiyun's room.

However, the on-site investigation records showed that there was a Tibetan knife on the wooden table in the house with blood stains on it.The placement of the crime tools proved by the above four pieces of evidence are all different, and no reasonable explanation can be given.

3. Deng Shiyun’s husband Niu Wang said that the key to his home was missing. The investigators did not verify this situation with Deng Shiyun, Niu Wang, the landlord and other relevant personnel, and could not determine whether anyone else held the key to Deng Shiyun’s home.

There were three tenants in the compound at the time of the crime. After the incident, investigators did not investigate the residents and could not rule out the possibility of others committing the crime or entering the scene.

[-]. The prosecutor alleged that during the chat, the defendant Fang Xinyue made Deng Shiyun drink the milk tea mixed with sedative drugs prepared in advance. The defendant took advantage of Deng Shiyun's sleep to stab Niu Jiayan in the neck with a knife, and then stabbed Niu Jiayan in the neck with a knife. He cut Deng Shiyun's right wrist, causing Deng Shiyun minor injuries.

The evidence in the case also showed that diazepam and alprazolam were found in blood stains on Deng Shiyun’s pajamas and the sheets at the scene, which seemed to confirm the above-mentioned facts alleged by the public prosecution.

However, the defendant never confessed the details of putting sedative drugs into the drink and giving it to Deng Shiyun.Moreover, on the day after the incident, the investigative agency sent Deng Shiyun's venous blood and urine for examination. The appraisal opinion showed that no sedative drugs were found in the above-mentioned examination materials.

In addition, the on-site investigation record did not mention that there were milk tea bottles at the scene, and the relevant evidence was not extracted and recorded. It was impossible to determine whether there were the beverage bottles Deng Shiyun claimed were at the scene, and it was impossible to further determine whether there were sleeping and sedative drugs in the beverage bottles.

Therefore, the existing evidence on record cannot confirm that Fang Xinyue put sleeping and sedative drugs into the milk tea after purchasing it.According to the evidence in the case, Deng Shiyun’s statement that she fell asleep after drinking a drink brought by Fang Xinyue has not been confirmed. In other words, there is no reasonable explanation for why Deng Shiyun was unaware of the crime.

To sum up, except for the guilty confession made by the defendant Fang Xinyue, other evidence can only prove the occurrence of the crime and cannot establish the connection between the defendant Fang Xinyue and the murder.The details of the defendant Fang Xinyue's confession lacked other evidence to confirm and the authenticity was not guaranteed. His confession cannot be used as the basis for finalizing the case.The important contradictions and doubts existing among the evidence in this case lack reasonable explanations.

Therefore, the defender believes that the criminal facts of the prosecutor’s accusation that Fang Xinyue committed murder are unclear, the evidence is insufficient, and the charges cannot be established, and he requests the court to acquit the defendant Fang Xinyue in accordance with the law.complete. "After Fang Yi finished expressing his defense opinions, he looked at the presiding judge.

……

After a 10-minute recess, the presiding judge pronounced the verdict on the spot.

The collegial panel held that the fact that the public prosecution accused the defendant Fang Xinyue of killing Niu Jiayan in revenge due to emotional entanglements was unclear. The doubts and contradictions in the evidence could not be eliminated. The existing evidence could not prove the criminal facts charged in the indictment, nor could it be completely ruled out. The possibility of someone else committing a crime.

Defendant Fang Xinyue's defense opinion that the evidence in this case is insufficient and the prosecution's charges cannot be established shall be adopted.Accordingly, the collegial panel declared that defendant Fang Xinyue was not guilty.

In fact, until the end of the trial, Fang Yi and Sui Xia still didn't know what happened on the night of the crime, who killed Niu Jiayan, and who caused the scars on Deng Shiyun's wrist.But this does not prevent Fang Yi from defending Fang Xinyue, because the burden of proving the guilt lies with the procuratorate, and the evidence provided by the procuratorate cannot rule out reasonable doubt. As Fang Yi said to the defendant's father, Fang Zugen, doubtful guilt From nothing.

After the trial, Fang Yi and Sui Xia left the court without disturbing the Fang family, who cried with joy.

Fang Yi looked at the time and it was already past three in the afternoon. He looked at Sui Xia and asked, "Sui Xia, are you hungry?"

"My stomach has been growling since nine o'clock in the morning." Sui Xia said with a grimace, holding the bag in her right hand and covering her stomach with her left hand.

"Let's go, I'll treat you to dinner." Fang Yi was also hungry, but still in a good mood.

The Maybach stopped outside a barbecue restaurant. Fang Yi and Sui Xia ordered some food and drinks. The barbecue was quickly served and they started eating.

"Master, are there many such cases where there is no suspicion of guilt? I mean, have you handled many such cases before?" Sui Xia asked after swallowing the roast meat in his mouth, taking a sip of orange juice.

“I’ve handled cases like this before, but not many to be honest.

In judicial practice, the court's identification of suspected crimes will closely follow the burden of proof and standards of proof stipulated in the law, and the review will be relatively strict.

As for ordinary trivial issues in the case and doubtful points that do not affect the facts of the conviction, the court will generally not easily apply the principle of acquittal.Therefore, 'beyond suspicion' sounds beneficial to the defendant, but in fact, it is quite difficult to apply it.

Today's case is a good one. Some lawyers may not encounter this kind of case in their lifetime. Sometimes even if they do, the lawyer's defense opinions may not be accepted by the collegial panel. This requires the right time, place and people. You are lucky. . "Fang Yi said with a smile.

"It's not my luck, it's your luck. I'll take advantage of it." Sui Xia said with a smile.

"Okay, let's eat quickly." Fang Yi smiled.

……

In the office of the director of Sidley Law Firm, Wan Kefa was drinking tea and thinking about something.Opposite him sat Du Sanniang.

"Lao Wan, when will Fang Yi take over?" Du Sanniang leaned on the chair, looked at the fat old man opposite and couldn't help but sigh in her heart: He has become old in the blink of an eye.
"He said that the formalities would be completed in the middle of the year, but I think this guy's pushback is a bit unreasonable." Wan Kefa shook his head.

"Then you have to think of a way! You can't let Xiao Fang spend so much time. Is he afraid that he won't be able to convince the public?" Du Sanniang asked.

(End of this chapter)