You became a lawyer and sent the judge in?

Chapter 309: How did the unjust, false and wrongful conviction come about?That’s how it came about!
"Fuck!"

"What the hell?!"

"No, did I hear correctly just now?"

"The reason given by the collegial panel for rejecting the application for recusal was that it would not affect the normal court hearing."

"Better knowledge of the facts?"

"What does this mean? What is this?!"

"Are you bullying people here just because you have the right to judge?!"

"..."

At the court hearing, there was no reaction yet.

The barrage of the live broadcast of the court hearing exploded.

how to say.…

In the live barrage just now, someone has already understood it.

In this case, should the prosecutor recuse himself?

Originally, everyone thought that the court would be adjourned...the collegial panel would discuss it and then make a request for the prosecutor to recuse himself.

But.…

After the adjournment ended, the presiding judge still did not let Xu Bo evade.

What does this mean?
Even though it is clear that there are certain problems with the procedure, do you still insist on the wrong procedure? !

???

Have a question? !
Many people watching the live broadcast of the court hearing have some research on the law.

It can be clearly seen that these people have doubts about the decision of the collegial panel in this trial.

Has Shen Yao considered this?
The influence of public opinion must have been taken into consideration, but in this case...

On the bench seat.

Shen Yao glanced at Su Bai who was sitting on the appeal side.

At this time, Su Bai made such a decision for the collegial panel.

Very incomprehensible and unacceptable.

The court has been adjourned just now….
I originally thought that when the court was held again, I would be able to give a corresponding and procedural answer.

But who would have thought the answer would be like this?

Based on this.

Su Bai raised his hand again, wanting to apply for protest.

But Shen Yao, who was at the trial table, did not give Su Bai a chance to speak.

He said: "As to whether the prosecutor recuses himself."

"The collegial panel once again emphasized that the discussion on whether to avoid the case should not be continued in the court hearing."

"If you have any objections, you can appeal and raise questions after the court hearing."

"But the trial continues for now."

"If the appellant continues to insist on meaningless protests, then this trial will consider the appellant to be disrupting the order of the trial."

“Now we will give relevant reminders to the appellant in advance.”

In response to the presiding judge's reminder, Su Bai looked up at the presiding judge's seat and was silent for a few seconds.

No protest continued.

The application for recusal was in accordance with the law, and the collegial panel gave an explanation.

Although the explanation is unreasonable, it is an explanation after all.

It can be said that from a legal perspective.

If he continues to protest at the trial, he will definitely be expelled from the trial site according to the presiding judge's reminder.

Then it will lead to...

In this retrial, prosecutor Xu Bo was given an opportunity, which caused problems in the retrial procedure of the case.

So when faced with the presiding judge's words, Su Bai did not refute or protest.

After all, everything must be based on the legal rights and interests of the client.

However, the presiding judge refused to comply with legal procedures.

This matter will definitely need to be dealt with later.

Just report it after the trial and that’s it!

In the court hearing, the presiding judge does have the power to make a decision.

However, if the judgment is unreasonable, then as a citizen, I still have the right to report it.

Is there no other problem with this?

However, the most important thing now is the determination of the result of the retrial.

Based on this, Su Bai did not continue to protest.
.
....
On the presiding judge's seat.

Shen Yao breathed a sigh of relief when she saw that Su Bai didn't protest anymore.

If Su Bai really wants to continue to protest after her reminder,

She didn't mind letting Su Bai leave the court while the trial was being broadcast live.

As long as the procedures are followed...even if there is public opinion, there won't be any big problems.

After answering this question without avoiding it.

Boom boom boom!
Shen Yao banged the gavel.

"The trial continues."

"This trial is about an old case involving Jiang Wei 13 years ago."

"Involving Jiang Wei, who was convicted of burglary 13 years ago, forced to have sex with a woman, and then brutally murdered her."

"The appellant believes that in this case, there are no objective facts to determine that Jiang Wei has committed a crime."

"Now, the appellant is asked to state that there are no objective facts and no objective evidence to prove that Jiang Wei is guilty of a crime, thereby proving Jiang Wei's innocence."

Facing the presiding judge's question, Su Bai nodded:
"Ok."

Organize relevant litigation materials.

Su Bai also knew in his heart that these issues were the key points of this trial.

Facing the presiding judge, Su Bai spoke slowly:
"presiding judge.…"

"Regarding the previous verdict of our crime in the first instance and the second instance."

"We believe that there are no objective facts and no objective evidence that can prove that we have committed a crime, which means-"

"In the determination of this case, the main ones that determined that we have criminal facts and criminal evidence are——"

"First: Testimonials of Three Witnesses."

"This can be seen from the testimony of three witnesses provided by the law enforcement agencies and the direct confessions of three witnesses at the trial."

"The witness testimony stated by the three witnesses separately is that Jiang Wei's family is relatively poor, and he usually communicates more with the victim."

"There is a certain fondness for the victim."

"Before the case occurred, I had been in and out of the victim's home, and I had a good understanding of the situation in the victim's home."

"Such as this, in order to save the time of the trial, I will not make a one-by-one statement here."

"The above, in general, is based on the witnesses' statements and the prosecutor's original relevant determinations and judgments."

"There is only one criminal fact identified - criminal motive!"

"There is only one criminal motive and criminal trend in the above statement."

"Because during the investigation of the crime scene, no signs of forced entry were found."

"It is judged that an acquaintance committed the crime."

"So it is inferred that Jiang Wei is a criminal suspect, and this is used as a condition for judgment."

"It can be clearly seen from my description above."

"All judgments and judgments here are without any objective facts."

"Why do you say that?"

"Because the witness testimony can only show that Jiang Wei and the victim knew each other, had a relationship, and had a good relationship."

"The rest are doubtful and subjective descriptions."

"What is subjectivity?" "Subjectivity is personal thoughts and opinions that do not have objective facts."

"Furthermore, the testimonies of these witnesses cannot directly prove that Jiang Wei has committed a crime. It can only be said that he has certain suspicions."

"But does it mean a crime is committed if there is suspicion?"

"What is the legal definition of suspicion?"

"The definition is that there is a certain suspicion of crime, but it cannot be used as a basis for proving guilt."

"Based on the above, witness testimony cannot serve as an objective factual proof to determine the guilt of the behavior."

"Second, it is the key point of this case."

"When we are investigating and checking the evidence materials in the file."

"I discovered illegal evidence in the file!"

"in."

"Contains our client's incriminating confession and signature."

"On these two points, relevant identification has been carried out, and the result of the identification is the guilty confession and confession signature submitted by our client at that time."

"It was not signed by our client."

"That is to say, it is forged evidence."

"Can illegal evidence such as forged evidence be used as evidence for accusations?"

"According to the relevant legal provisions of our country, illegal evidence should be excluded from the admission of evidence."

"So illegal evidence cannot be used as evidence for accusations!"

"Based on the above two circumstances."

"One: there are no objective facts, and two: there is illegal evidence in the chain of evidence."

"We apply to revoke the judgment of our first and second instance, so that our client Jiang Wei can be cleared during the retrial stage!"

"Presiding Judge, the above is our statement."

Su Bai put away the litigation materials, raised his head slightly, and looked at the court seat.

On the bench seat.

As the presiding judge, Shen Yao, after listening to Su Bai's relevant statements, then looked at Xu Bo at the prosecutor's seat.

"The prosecutor has relevant investigations into this case. Please start making your statement."

"Good judge."

Xu Bo nodded.

This trial is now going on. To be honest... I am applying for recusal at the beginning.

Xu Bo didn't expect that so many things would happen.

But after passing the step of applying for recusal, the next step is the court defense.

This case was verified by him as a prosecutor.

Let’s put aside everything else first…

For Xu Bo, this case was when he was verifying it.

Cases eliminated to the end.

The only suspect is Jiang Wei...

If the criminal was not Jiang Wei, who else could he be?
Of course, as a prosecutor for so many years.

He was also very familiar with the relevant details of the entire case and Su Bai's statement.

The two points stated by Su Bai are indeed the biggest problems in this case.

However, during the retrial stage, Xu Bo found some relevant evidence about the case.

Aggravated, it proves that Xu Bo is a criminal.

In response to these two points raised by Su Bai, Xu Bo retorted:
"For the appellant, the relevant circumstances stated."

"We are not in a position to refute."

"But in this case...Jiang Wei is the only suspect and has witness testimony."

"Furthermore, the appellant did not express an issue, that is, in this case..."

"The situation at the time of the crime..."

"Where was Jiang Wei when this case occurred?"

"According to Jiang Wei's description at the time, he went out for a walk."

"But no one can prove what he was doing when he went out for a walk."

"During this time frame, the victim was killed and her home was robbed."

"Why was Jiang Wei initially judged to be the murderer in this case?"

"Because there were too many coincidences in this case at the time, Jiang Wei had full time to commit the crime, and he could not prove what he did during the time of committing the crime."

"The most important thing is - the clothes left by Jiang Wei were found at the scene."

"This is also a key point in the judgment."

"There is evidence of illegality in the confession and signatures."

"But these two illegal evidences, under certain circumstances, cannot prove Jiang Wei's innocence."

"It can only be said that there are flaws in the relevant processes of the program."

"Furthermore, the relevant judgments in this case are not based solely on witness testimony."

"I would like to ask the appellant whether Jiang Wei could not prove what he had done at the time of the crime regarding the clothes left at the scene."

"How do you explain this?"

how to say?
Su Bai didn't want to answer the questions raised by the prosecutor at all.

What is meant by how to say it?
Su Bai had noticed the problem of leftover clothes before.

He asked Jiang Wei, who did not deny the issue.

But it’s unclear how the remaining clothing was left behind.

But what can the remaining clothing prove?

If you want to prove that Jiang Wei robbed or forced women to have sex and killed them.

What is the most direct evidence?
The most direct evidence is the DNA left over from the relationship.

As well as the murder weapon and fingerprints.

However, in this case, the murder weapon used by the murderer was a kitchen knife from the victim's home.

Therefore, authentication can only be done through DNA and fingerprints.

However, 13 years ago, the first evidence of the crime was not preserved.

caused a lack in this aspect.

What kind of direct evidence does the leftover clothing count?
Su Bai directly asked: "Are these two questions raised by the prosecutor direct evidence?"

"The clothes left behind cannot prove what he was doing at the time of the crime. What can it mean?"

"Isn't it just that Jiang Wei is suspicious?"

"I would like to ask the prosecutor, among the concepts you stated."

"Is it possible to accuse criminals if there is suspicion?!"

"Or has the prosecutor ever thought that it is your concept that can easily lead to unjust, false, and wrongful convictions?"

In this court trial, Su Bai finally saw it.

In the prosecutor's opinion, even if there is no direct evidence to prove that Jiang Wei is the murderer.

But...Jiang Wei is the only suspect.

So the prosecutor insisted that Jiang Wei was the suspect.

Even if there is no direct evidence, I still insist on this idea.

???

How did the unjust, false and wrongful convictions come about?

That's how it came!

So just now, Su Bai directly pointed out the prosecutor's thoughts.

While Su Bai asked rhetorically.

Xu Bo frowned and looked straight at Su Bai without saying a word.
.
....
PS: Please give me a monthly ticket~
(End of this chapter)