You became a lawyer and sent the judge in?

Chapter 206 The court trial reappears, a classic scene!

In general assault cases.

Most of the cases used were confessions.

Therefore, in this case, Chen Le does not think that Zhang Tongwei is not criminally responsible.

also.

Chen Le didn't think Xiao Lili would cheat him.

Therefore, facing Su Bai's reminder, Chen Le didn't take it to heart and still spoke:
"Although I am an assisting lawyer in this case, I can represent the client."

Su Bai smiled, but didn't speak.

At the presiding judge's seat, Li Yongchun glanced at Chen Le and wanted to speak.

But then he shook his head and said nothing.

Ring the gavel.

Li Yongchun began to summarize the pleas of both parties.

Most of the general assault cases are confession cases, and the verdict is based on the victim's confession plus some supporting evidence.

But this case is indeed somewhat special.

After all, according to Su Bai's question.

How can any prospective mother-in-law take a voice recorder to question her prospective son-in-law?

This situation is obviously not normal.

Having said that, although this situation is not normal, court decisions focus on defense, evidence and facts.

If the defendant cannot produce strong evidence and rebuttal arguments, then Zhang Tongwei is still guilty in this case.

Clear your mind.

Li Yongchun opened his mouth and asked the defendant's seat:
"The defendant and the prosecution have explained the relevant issues. Now please make your statement."

"Ok."

Su Bai nodded and began to make a statement.

"Presiding judge, I would like to ask our client to describe the details of the case and the specific circumstances when it occurred. Whether it violated Xiao Lili's subjective wishes."

"Defendant Zhang Tongwei, please describe."

"Okay, presiding judge."

Zhang Tongwei took a deep breath and looked at Su Bai: "Where to start describing?"

"Start describing it from the time you were with Xiao Lili that night."

"OK.."

"The situation that day was like this. It wasn't long before Xiao Lili and I reconciled after the quarrel."

"Xiao Lili proposed at that time that she wanted to go to my house, because the relationship between Xiao Lili and I had already reached the state of engagement."

"As soon as I proposed coming to my house, I knew what was going to happen. We usually have a tacit understanding."

"Oh, right!"

"We were chatting via private chat at the time, and during the process, we also sent several suggestive emoticons."
.
....
"After dinner in the evening, Xiao Lili urged me to take a shower and said some very ambiguous words."

"What are these ambiguous words? Please point them out in detail." Su Bai made a supplementary reminder.

"The general meaning is that she urged me to take a shower, she went to change clothes and then waited for me with a very ambiguous expression, which was a very obvious hint."

"What specific hints does this kind of hint refer to, such as body language or facial expressions? Have you misunderstood the other party's hints to you?"

"There will be no misunderstanding, because the other party made a very tendentious action at that time. This is an action we would do before we had a relationship."

"Okay, please continue."

Zhang Tongwei continued to state: "Then I went to take a shower. About 10 minutes later, the two of us lay on the bed. It was fine at first, but for some reason, she suddenly said no."

"Because we have had this similar experience before, it can be regarded as a sentiment, so I will continue."

"She said again, I didn't listen, and then they had sex half-assedly."

"During this process, did you engage in any violence?"

"No."

"I mean, not just behavioral violence, but also verbal threats and mental cold violence. Are there any such situations?"

"Nor this one."

"You mean that during the incident between you, Xiao Lili didn't actually do any other acts of resistance except verbal rejection, right?"

"Yes, because we have been together before, and she knows my character. As long as there is behavioral rejection, I will lose interest."

"Under the circumstances at that time, what kind of rejection was Xiao Lili's verbal rejection? Can you elaborate on it in detail? Is it a very serious attitude, or is it an attitude expressed in other ways?"

"It wasn't a very serious attitude at the time... She just shook her head and said no. In my opinion, there was not much meaning of rejection."

"Then when she said that, did she ever resist fiercely?"

"No."

"Okay, thank you for your cooperation."

Su Bai smiled and nodded.

Then he looked at the presiding judge's seat: "Presiding judge, I would like to ask the prosecution to disclose the recorded evidence of Dong Zhu interrogating Zhang Tongwei at that time."

"application passed."

"The prosecutor released the evidence."

"Ok."

Zhou Ran took out the evidence and used a speaker to amplify the sound. The voices of Zhang Tongwei and Dong Zhu came out of the recording pen.

In the recording, Dong Zhu asked first.

"Tongwei, I heard from Lili that you had some unpleasantness with her yesterday. What happened to you?"

There was a few seconds of silence.

Zhang Tongwei's voice sounded surprised.

"Lili told you that I had some trouble with her?" "No, I was fine when I was with Lili yesterday. Is she unhappy? Auntie, tell me why Lili is angry , I will definitely change it well.”

“Nothing else”

"I just heard from Lili that you always force her to do things she doesn't want...especially in the private lives of the two of you."

Zhang Tongwei was silent.

Dong Zhu was silent.

The recorder stopped recording, and after more than ten seconds, the sound slowly came out.

"I'm not talking about you either. I shouldn't have interfered with this kind of thing originally, but it will affect your lives after all. You and your aunt should have a good talk about whether you have ever been forced."

Zhang Tongwei: "I haven't."

"So yesterday you and Lili Lili told me that she said she didn't want to, and you still want it? Is this the case?"

"She did."

Dong Zhu: "."

The content of the recording is roughly the same, and the remaining part is Dong Zhu's blame and Zhang Tongwei's apology.

Finished playing.

Su Bai continued: "I would like to ask the accuser and the parties concerned, do you have any other objections to the above content?"

"Or, does Zhang Tongwei have any fictional parts?"

Xiao Lili was silent.

Su Bai looked at Xiao Lili and asked, "Did Zhang Tongwei use threats or violence to force you at that time?"

Xiao Lili continued to be silent.

Faced with Xiao Lili's silence, Su Bai continued to look at Dong Zhu, the client in the accuser's seat.

"I would like to ask the client Dong Zhu, in the recording pen, why did you ask Zhang Tongwei whether he engaged in forced behavior?"

Dong Zhu was silent.

"During the entire recording process, did you proactively explain the existence of the recording pen to our client Zhang Tongwei?"

Dong Zhu continued to be silent.

Su Bai raised his head and looked at the court seat: "Presiding Judge"

"Presiding judge, according to the evidence provisions in the Criminal Procedure Law."

“The recording pen can be accepted as evidence by the court, but if it involves the privacy of the parties involved, the court should not accept it.”

"This recording pen has touched upon our privacy. We believe this is illegal evidence and ask the court to accept it."

"And in accordance with the provisions of the Criminal Code."

"In this case, Zhang Tongwei did not use violence or threats to have a relationship, that is, we applied to withdraw the prosecutor's accusation against Zhang Tongwei."
.
....
"But did Zhang Tongwei go against Xiao Lili's wishes?"

At this moment, Chen Le suddenly asked.

Su Bai: .
This question is asked.

"A violation case is a confession case, but it does not mean that it depends on the confession, it depends on the behavior."

"We believe that there was no behavior against Xiao Lili's wishes."

Chen Le: "???"

Did not violate?

"I don't agree with the defendant's point of view. When Xiao Lili said she didn't want it, Zhang Tongwei should immediately stop the criminal infringement. If it continues, it will be a criminal act."

"Xiao Lili said she didn't want it, but her subjective wishes didn't allow it. Zhang Tongwei also knew about this situation at the time, but he still continued, which shows that he was forced."

Su Bai: "???"

What point of view?
"I don't understand the prosecution's point of view."

"There is no huge conflict between Zhang Tongwei and Xiao Lili in their relationship and behavior. How can it constitute coercion?"

"According to the defendant's behavior, the general meaning is that he said "I don't want to", and then violated the woman's will? It doesn't look at the behavior, just rely on the subjective "I don't want to"?

"Between male and female friends or an unmarried couple, if you just say "I don't want it" and record it as evidence, can you send the person in?"

"I don't agree with the prosecution's point of view."

"And we believe that the confession does not represent the true subjective thoughts."

Chen Le retorted: "If a confession does not represent true subjective thoughts, then what can it represent?"

"If you say no, you don't want it. Zhang Tongwei has heard Xiao Lili's words. Why does Zhang Tongwei continue to force her?"

"Besides, if Xiao Lili is willing, why would she sue Zhang Tongwei?"

"The two are already in an unmarried relationship. Xiao Lili is not unwilling and will not take Zhang Tongwei to court at all."

"This also explains from the side, Xiao Lili's subjective wishes."

"Will Xiao Lili use her innocence to sue Zhang Tongwei?"

Su Bai:? ? ?
When Chen Le asked this question, Su Bai was stunned for a moment.

This.…

Isn’t it too easy for the entrusted lawyer to make a subjective defense?
What the court hearing looks at are subjective conditions and objective conditions, as well as subjective facts and objective facts.

Just because you think you are innocent does not mean it can be used as evidence in court.

In court.

Not only Su Bai, but also the prosecutor's seat and the collegial panel members on the court hearing table all frowned slightly when faced with Chen Le's words.

Everyone speaks based on legal basis.

this problem.…

There is no legal basis.

Su Bai didn't need to answer at all.

PS: Ask for a monthly pass~

(End of this chapter)