You became a lawyer and sent the judge in?

Chapter 298 Fatal Question, Arrogant?Come on, I'll slap you in the face!

The trial was held again.

Yu Cheng is still the presiding judge and will try the case.

Li Xiao, as the prosecutor, is supplementing evidence and reviewing Geng Hao.

A lot of new evidence was obtained.

This time.
For Li Xiao, the evidence for the verdict is even more sufficient!
The accusation against Wu Hao will also become more intense.

Wu Hao will definitely be successfully prosecuted! .
....
However, at the court hearing, Wu Hao learned about the situation of the next trial through Sun Shiyan.

to be frank.

Wu Hao was not too worried.

According to what Lawyer Sun said, he cannot be found guilty without key evidence!

What is the key evidence?
The key evidence is Zhang Yan!
Zhang Yan has been dead for so many years, how should he be sentenced?
.
....
The trial process continues——

On the bench, Yu Cheng banged the gavel and spoke slowly:
"This trial continues."

"Please ask the prosecutor to cross-examine the additional evidence."

"Good judge."

Prosecutor Li Xiao nodded and spoke.

Li Xiao serves as the prosecutor who has followed this case from the beginning.

In the last court hearing, Li Xiao, as the prosecutor, failed to accuse the criminal suspect Wu Hao.

resulting in a postponement of the trial.

During the extension, he investigated Fang Ming, Geng Hao and others, and also obtained new evidence.

The chain of evidence this time is much more complete than the last time.

In his opinion, there is basically no problem in accusing Wu Hao.

Faced with the cross-examination of supplementary evidence proposed by the presiding judge, Li Xiao spoke:
"presiding judge.…"

"Based on new evidence and new witnesses made available to the prosecution during the adjourned trial."

"The prosecutor believes that Wu Hao was suspected of forcing Zhang Yan in this trial, and the criminal facts are sufficient."

"The additional evidence is as follows:"

"According to the confessions of Fang Ming and Geng Hao, the investigators at the time.

They received Zhang Yan's case report at that time.

As well as Zhang Yan's accusation at that time, and relevant evidence, it can be confirmed that Wu Hao was suspected of forcing Zhang Yan. "

"And while Zhang Yan was filing the case."

"Wu Hao's father put pressure on Zhang Yan's family through his connections at Geng Hao's level."

"Require Zhang Yan's family to take the initiative to withdraw the lawsuit."

"There will be no further charges against Wu Hao."

"That's why he promised to pay 50 yuan in hush-hush fees."

"According to the statement of Geng Hao, the person in charge of the case investigation, the records at the time and the trial of Wu Hao."

"And among the relevant facts."

"Wu Hao has compulsive behavior."

"This evidence is already indirect evidence and proves Wu Hao's criminal behavior."

"..."

When Li Xiao was making a statement, Sun Shiyan raised his hand and then interrupted Li Xiao's statement.

"I would like to interrupt the prosecutor's statement and explain a legal fact."

"What is this indirect evidence that the prosecutor just mentioned?"

Li Xiao was interrupted, but he was not angry and replied:
"The indirect evidence is the statements of Geng Hao, the person in charge of the case, and others."

"Then what can the statements of the person in charge of the case and others prove?"

Sun Shiyan asked again.

"Circumstantial evidence - circumstantial evidence here refers to the statements of witnesses."

“What do the witnesses’ statements reveal?”

"The witness's confession can only provide indirect proof, and indirect proof cannot prove the fact that Wu Hao committed a crime."

"What can confirm the facts of the crime?"

"What can confirm the facts of a crime is relevant direct evidence."

"For example, the direct confession of the party or the key evidence left by the party."

"The key evidence here does not refer to subjective key evidence, but to objective key evidence."

"based on above."

"I think it is very inappropriate for the prosecutor to conclude that our client committed a criminal act based on the circumstantial evidence he just stated."

"Failed to behave as a public prosecutor should."

"And we believe that the determination of this indirect evidence cannot determine the fact that our client has committed a crime."

"Because according to the prosecutor's statement, this indirect evidence is from the perspective of the investigators."

"Instead of proceeding from actual facts."

"So we apply to reject the indirect evidence stated by the prosecutor and determine our relevance."

"Presiding Judge, my statement is complete."

After Sun Shiyan finished his statement, he sorted out his litigation materials.

He looked up at the prosecutor's seat.

As the prosecutor, Li Xiao couldn't help but feel a little resentful when faced with the humiliation from the defendant's lawyer.

What did the defendant's attorney mean?
What does it mean that this indirect evidence cannot prove Wu Hao's criminal behavior?
Fang Ming and Geng Hao were the staff and persons in charge of the case at the time.

They did make statements as witnesses, and witness testimony is indirect evidence.

This kind of indirect evidence does not mean that Wu Hao's criminal behavior cannot be determined.

Because this is also valid evidence.

But was directly refuted by Sun Shiyan?

Why?
Li Xiao was about to ask.

At this time, Su Bai also raised his hand to speak.

After noticing Su Bai, the presiding judge Yu Cheng agreed to his statement.

Su Bai placed the relevant litigation materials in front of him, and then spoke:
"I would like to ask the lawyer appointed by the defendant to refute the circumstantial evidence. What is the basis for not charging him?"

“The witness’s confession is also one of the evidence, as long as it can form a complete chain of evidence.

Why can't Wu Hao be charged and found guilty? "

Facing Su Bai, Sun Shiyan raised his eyes and looked at the defendant's seat.

He knew that Su Bai was a famous top criminal lawyer in the country.

but.…

He didn't have the slightest worry about facing such a top criminal lawyer.

Because according to the current situation, the advantage is still on his side.

For this old case, even if top lawyers come, it will have no effect.

At most, it would be an accusation in the courtroom, and there is no other possibility.

Sun Shiyan looked at Su Bai with a smile: "The statement made by the prosecutor's lawyer has some truth, but I would like to ask the prosecutor's lawyer..."

"In this court proceeding, based on the direct confession of the witness, can a complete chain of evidence be formed?"

"and--"

"Where did the witness's confession come from?"

"Did it come from the situation at that time and the views expressed by Wu Hao and Zhang Yan?"

"I must reiterate and emphasize one point again - did Wu Hao force Zhang Yan?"

"What needs to be seen is the direct evidence at the scene or the accusations made by the parties."

"Otherwise, other confessions are based on the occurrence of other subjective situations."

After Sun Shiyan finished his statement, he specifically glanced at Su Bai at the prosecutor's seat.

Su Bai: ...
???

What do you mean?
Provocative, right?

No, in the previous time, if the defendant entrusted a lawyer to state this.

There really isn't anything wrong with it.

But now that supplementary evidence has been provided, the defendant's lawyer still made the statement in this way.

Definitely lose the case!
why?
Because all kinds of indirect evidence point to Wu Hao's compulsive behavior.

This no longer constitutes a legal situation where there is no doubt that the crime is innocent.

If we say that the previous physical evidence and Ma Xue's accusation are only subjective accusations.

However, the accusations made by relevant investigators are based on objective factual conditions.

Why can't accusations be made based on objective factual conditions?
Without paying too much attention to Sun Shiyan's gaze, Su Bai continued to state:

"According to the statement of the lawyer entrusted by the defendant, why can't the witness's direct confession form a chain of evidence?" "One more point, what is the source of the witness's statement?"

"The source of the witness's statement is determined based on objective facts."

“Let’s first state the current relevant evidence issues.”

"The current direct evidence is that Wu Hao had a relationship with Zhang Yan."

"Then the indictment is that Wu Hao forced Zhang Yan to have sex."

"What piece of evidence is missing now?"

"What's missing now is whether Wu Hao ever forced Zhang Yan!"

"Do you have?"

"In Wu Hao's statement, there is definitely no such thing."

"Because Wu Hao is a criminal suspect, his statement may not be correct."

"Whether there is or not needs to be based on objective facts!"

"That's the evidence!"

"In the last cross-examination, whether it was the evidence left by Zhang Yan or the confession of his friend Ma Xue."

"It has been shown that Zhang Yan was forced by Wu Hao."

"Of course, the defendant entrusted a lawyer to refute this point, and the rebuttal opinion was-"

"The physical evidence left by Zhang Yan may have been described subjectively."

"There are uncertainties."

"it is good!"

"There are indeed subjective factors recorded in the notes, and we cannot be sure whether Wu Hao acted compulsively."

"Let's look at the second point."

"Ma Xue's witness testimony stated that Zhang Yan did not like Wu Hao at that time, and further showed that it was impossible for him to take the initiative to have a relationship with Wu Hao."

"This point was also refuted by the lawyers appointed by the defendants."

"Of course, what the defendant entrusted the lawyer to state was Ma Xue as a witness, which has a certain degree of subjectivity and does not contain objective facts."

"But among the additional evidence—"

"As the persons in charge of the case, Geng Hao and Fang Ming have no subjective opinions because they have no connection with the victim Zhang Yan."

"It all depends on the investigation and review of the case."

"It is confirmed that the relationship between Wu Hao and Zhang Yan was forced."

"Zhang Yan's notes and Ma Xue's witness testimony, as indirect evidence, are subjective and may not be accepted."

"But why can't indirect evidence that is based on objective facts be accepted?"

"I cannot understand the relationship between the chain of evidence and direct evidence mentioned by the defendant's attorney."

"Because this case already has established facts of a relationship."

"The establishment of a relationship between Wu Hao and a woman against her will."

"We only need indirect or direct evidence to prove that Wu Hao's relationship with Zhang Yan was forced!"

"The above three indirect evidences have proven that Wu Hao's relationship with Zhang Yan was forced behavior."

"Especially the third point is based on objective facts."

"There is no subjective behavior as stated by the defendant's attorney."

"So I don't understand why the defendant hired a lawyer and what is the focus of the defense..."

"Are you just ignoring the indirect evidence?"

the point?

Objective versus subjective?
Sun Shiyan had been recording key information while Su Bai was defending.

This time, Su Bai's stated views were mainly based on objective indirect evidence.

That is to say, the confessions of Geng Hao and others were used to accuse Wu Hao.

Because Geng Hao, as a relevant case handler, has objectivity in the evidence and factual basis.

There are several key points in this case -

The first is whether there is a relationship, and the second is whether it is forced behavior.

The first point is confirmed, there is indeed a relationship, there is direct evidence for this.

But is it compulsive behavior?
Whether it is a forced behavior depends on the circumstances at the time!
For example-

At that time, Zhang Yan was forced by Wu Hao, and she confirmed that she was beaten or otherwise forced.

Report the crime as soon as possible and preserve the evidence.

In this way, regardless of whether there is a confession from the person concerned, the evidence of being beaten and forced will be relied upon.

Then it can be determined that he does have compulsive behavior.

But this situation did not exist in Wu Hao’s case.

What is the current situation?
The current situation is that Su Bai passed three indirect evidences——

Two subjective evidences and one objective evidence are used to prove that Wu Hao's relationship with Zhang Yan was a forced act.

anyway.…

If the confessions of Geng Hao and Fang Ming are used as indirect evidence, can Wu Hao be found guilty?
To know.…

Wu Hao has already retracted his confession.

Geng Hao and Fang Ming relied on the fact that Wu Hao did not conduct an investigation before retracting his confession.

So this is also the key point of this case...

In this court hearing...he didn't know whether the presiding judge would find that the confession had been retracted.

but…

After pondering, Sun Shiyan expressed his opinion:
"In this case, all the objective evidence and subjective evidence."

"Even speaking of all the circumstantial evidence—"

"We can't really tell whether Wu Hao and Zhang Yan committed forced behavior."

“According to what the prosecutor’s lawyer stated——”

"The confessions of the investigators are based on objective facts."

"But where does this objective fact come from?"

"Did it come from the circumstances during the handling of the case?"

"There is also a certain degree of subjectivity in handling the case, and the case has only reached the filing stage, and the relevant evidence at that time has not been through physical evidence."

"From this point of view, is there uncertainty in this objective fact?"

Facing Sun Shiyan's rebuttal, Su Bai asked back:
"The statements made by the defendant's attorney are based on uncertainty."

"But in this case, there is another important necessary condition."

"That is Wu Hao's father, Wu Ye, who contacted Geng Hao and wanted to help Wu Hao escape criminal responsibility through private relationships."

"Why did Wu Ye contact Geng Hao?"

"Why did he pay 50 yuan to get Zhang Yan to withdraw the case?"

"Wu Hao has not committed any crime and there is no need to pay 50 yuan to ask Zhang Yan to withdraw the case."

"In other words - it's entirely possible to accuse Zhang Yan of making a false accusation."

"Why go to such trouble to contact Geng Hao?"

After Su Bai finished asking, his eyes fell on Sun Shiyan.

This case...

to be honest.

After adding relevant evidence, it was no longer possible for Wu Hao to turn over or escape legal sanctions.

The defendant now appoints a lawyer on the basis that this case is an old one.

There are some pieces of evidence that are difficult to prove directly, so we have always seized on this point to refute.

But through the majority of indirect evidence and reasonable legal circumstances.

Now we can determine the facts of Wu Hao's crime!

The other party can also rebut, but it depends on whether the court accepts it or not!
The presiding judge does not just listen to the defense of the lawsuit.

As long as there is evidence, the presiding judge can make a judgment based on the evidence and legal reasons!

On the side, Li Xuezhen looked at the silent Sun Shiyan, with joy written on her face. Wasn't she still very arrogant just now?

Why don't you speak?

Did you get slapped in the face? .
....
The defendant's attorney was at the table.

Faced with Su Bai's final rhetorical question, Sun Shiyan could not explain.

He knew in his heart what Wu Ye was using the 50 yuan for.

If he explains, he will most likely be prosecuted for perjury later.

So when faced with the rhetorical question, Sun Shiyan could only remain silent and cast his gaze on Wu Hao.

Wu Hao:….
No, Lawyer Sun, please continue to defend!

What are you looking at me for?
I do not know how to answer.…
.
....
PS: Please give me a monthly ticket~
(End of this chapter)