You became a lawyer and sent the judge in?

Chapter 340 Fierce plea, serious tendency of the presiding judge!

Regarding the relevant evidence, Su Bai has already collected it.

In this case, the alleged victims were three female classmates.

One of the female students named Wu Yan, whose uncle is involved in law enforcement, is in charge of criminal matters.

Another female classmate, He Juan, has an uncle who works in the supervision department.

And in the early stages of this case, both of them had some involvement.

According to the relevant provisions of the Procedural Law, law enforcement personnel and case handlers have a direct interest relationship with the parties.

should be avoided.

This kind of interest refers to obvious kinship and acquaintance relationships.

Or other relationships that affect the law and the fairness of law enforcement.

The presiding judge pointed out in court that the avoidance relationship was not mentioned for the time being.

Is it impossible to determine whether the first-instance trial had an impact due to interests?

If this is the case, it is understandable if I don’t mention it for now.

In this regard, Su Bai did not refute too much.

Because there are no specific investigation results on this matter yet.

From this matter alone, it cannot be directly explained that the verdict of the case is related to procedural violations.

Su Bai understood what the presiding judge said.
.

....

On the bench, Jiang Feng continued to preside over the relevant circumstances of this case.

"According to what the appellant just stated, there are no objective facts that can prove that Xia Mingyuan molested and harassed the victim."

"Can you elaborate on this point?"

"OK."

Su Bai nodded, and then began to state: "In the first instance of this case."

“The evidence based on which the judgment is based is mainly based on the victim’s confession.”

"According to the victim's confession, Xia Mingyuan harmed the three female students, ranging from harassment to molestation, no less than dozens of times."

“During this period, the harassment and molestation alleged by the victim referred to—”

"As a teaching director, Xia Mingyuan has high requirements for students. He often has hand and body contact with female students and touches private parts."

"According to Xia Mingyuan's description, this kind of contact means touching female students' shoulders and other insensitive parts with their hands, asking them to stand, or punishing them by facing the wall."

"There was no touching of private parts."

"Also accused of harassment is that Xia Mingyuan repeatedly called female students into the office to talk after class or during other free time."

"According to Xia Mingyuan's description, he called the female students into the office to talk, mainly about their studies."

"Only when students violate school regulations in school will female students be called to the office."

"For example, the victims in this case are Wu Yan, He Juan, and Li Bing."

"In Baichuan County No. 1 Senior High School, he often bullies others, violates school rules in a high-profile manner, and even recruits younger students."

"Under such circumstances, isn't it normal for Xia Mingyuan to call the three people into the office in accordance with the relevant regulations of the school?"

"As for what was described based on the confessions of Wu Yan, He Juan and Li Bing."

"Xia Mingyuan would often call the three of them to the office and harass them."

"Will be verbally provocative or engage in other behaviors."

"But it was actually because they made a mistake that Xia Mingyuan let them come to the office."

"There was no relevant teasing or harassment."

"The above statement makes only one point."

"The confessions of Xia Mingyuan and the victim are inconsistent."

"According to Xia Mingyuan's confession, he did not have any active motive to harass and molest the victim."

"The situations described by the three victims were based on their subjective confessions."

"There are no objective facts, such as audio recordings or videos, to show that Xia Mingyuan harassed or molested the three of them."

"From the perspective of no objective facts, we believe that there should be no judgment against Xia Mingyuan."

"Because according to the relevant provisions of the Criminal Procedure Law——"

"In criminal cases, the focus should be on evidence of objective facts and not on confessions."

"Based on the provisions of the Criminal Procedure Law, we believe that the first-instance judgment should be revoked."

"Presiding Judge, the above is our answer."
.

....

After Su Bai finished his statement.

Jiang Feng, who was sitting on the bench, briefly sorted out the relevant materials involved in this case.

Then he said: "The collegial bench has heard the appeal's opinions."

"Does the prosecutor have anything to express...?"

This time the prosecutor was brought to court by the city prosecutor.

The prosecutor, facing the presiding judge's questioning, simply made a statement.

"Based on the evidence currently available."

"The key issues involved in this case are mainly whether the victim's confession is true and whether the criminal suspect Xia Mingyuan's confession is true."

"According to the victims' confessions, Xia Mingyuan touched their breasts several times while disciplining them."

"And while teaching in the office, there were a series of situations such as verbal teasing and harassment."

"At this point, the statements of the three victims are consistent."

"Wu Yan, He Juan, and Li Bing all emphasized this point in their respective statements."

"Moreover, the number of molestations and harassments was relatively high: Wu Yan 18 times, He Juan 16 times, and Li Bing 13 times."

"However, Xia Mingyuan denied the above victim's confession."

"The above is the objective situation expressed by the prosecutor."

The prosecutor's statement this time only objectively stated the situation.

No point was made.

Just stating the facts clearly.

After the prosecutor finished his statement, the presiding judge asked the victim to make relevant statements.

"Concerning the above objective facts and what the appellant stated."

“Does the victim’s attorney or the victim have anything to say?”

In the victim's seat.

Not only were the three victim female students, but also their attorney Wang Qin.

Wang Qin raised her head and glanced at the lawyer opposite. She knew Su Bai, a barrister from Nandu.

The nation's top criminal attorneys.

To be honest, this case is quite stressful for such a barrister.

However, after adjusting her emotions, Wang Qin opened her mouth to explain when facing the presiding judge's questioning:

"Presiding Judge, we do not agree with what the appellant stated."

"First of all, from the victim's perspective."

"The victim is a sophomore at No. 1 High School in Baichuan County. His deeds in school are not yet known."

"From the perspective of this case alone, what the victim said is——"

"Xia Mingyuan used some "excuses" to molest and harass the victim."

"Is there a possibility that Xia Mingyuan deliberately took advantage of our victim's behavior to molest and harass her?"

"Because the victim violated many school rules, Xia Mingyuan took this opportunity to molest and harass the three of them?"

"possible!"

"Furthermore, from another perspective, the three victims are all minors and still in school, so they are relatively innocent." "In terms of oral confessions, they are more authentic."

"Especially since the confessions and descriptions of the three people are not very different, from this point of view, we are inclined to conclude that Xia Mingyuan did commit a crime."

"The above is our statement, presiding judge."

Su Bai couldn't disagree with Wang Qin's statement.

From a skeptical perspective, this possibility does exist.

But only from a skeptical perspective.

To put it bluntly, the other party's point of view is that Xia Mingyuan deliberately took advantage of the three victims' violation of school rules to molest and harass them.

This statement is completely reasonable if there is factual evidence.

But what about reality?

If you don’t talk about reality and only talk about doubt, and you only talk about it from the perspective of doubt, isn’t that inappropriate and empty?

Su Bai retorted: "I would like to ask the victim's lawyer."

"Are the opinions you just stated based on objective facts?"

Wang Qin said: "Yes, our point of view comes from the confessions of the three female students who were the victims."

"The objective factual basis we asked about is direct evidence other than the confessions of the three victim female students."

"Have it?"

"No."

After Wang Qin finished answering, he added: "There is no other objective factual basis, mainly because the management within the school is relatively strict."

"Do not use recordings or other devices to collect evidence."

"Another point is that the three female students who are sophomores in high school may not be aware of this problem."

"As minors, they may not be mature enough mentally or rational enough subjectively. These are all issues that need to be taken into consideration."

"Okay, we understand the situation stated by the victim's lawyer."

Su Bai nodded:

"But we just want to ask one question. Although the three female sophomore high school students are minors, is it not possible for them to lie in their confessions?"

"On a legal level, criminal prosecutions are based on relevant evidence."

"What you and the prosecutor stated in the defense just now."

"There are no objective facts that can prove that Xia Mingyuan molested and harassed the victim."

“What the injured party’s lawyer stated is all possible.”

"According to this point of view, we can also show our innocence from the possible situation."

"Because according to our client's confession, we did not molest or harass the victim."

"Based on the above, we believe that the victim's point of view does not have objective facts, and the application is rejected."

Faced with Su Bai's statement, Wang Qin wanted to say something else, but before she could say anything, the hammer rang.

At the trial table, Jiang Feng listened to the statements of the prosecutor and the victim.

Then began to interrogate the three victims:

"Three victims, Wu Yan, He Juan and Li Bing."

"You three are accusing Xia Mingyuan of molesting and harassing you."

"Can you describe the indecency you are accusing in detail in court?"

In the victim's seat, Wu Yan's performance seemed very crisp and clear: "Yes."

"That Xia Mingyuan used other reasons to punish us."

"Every time he punished us, his hands would inadvertently touch our private parts from the shoulders."

"We are very disgusted with this, but because he is the dean of our school, we dare not say anything for fear that he will put our shoes on."

"Also...we said he was harassing because there are other bad students in the school."

"But the three of us are the students who have been called to the office the most by Xia Mingyuan."

"Isn't this harassment?"

"He said he didn't say anything bad, but he obviously did."

"His office is separate. He sometimes asks us if we like men like him and if we are interested in doing something."

"..."

Wu Yan's statement was very fluent, and from a point of view, it was very clear and clear.

It's not like what an underage female student can express.

And from a subjective point of view, Wu Yan's behavior statement towards Xia Mingyuan was very malicious.

After Wu Yan finished his explanation, Su Bai immediately raised his hand and signaled: "Presiding Judge."

"I would like to ask the victim a question."

"In your statement just now, Xia Mingyuan deliberately violated your private parts and often called you to the office to harass you."

"But why didn't you choose to call the police at that time?"

"Why didn't you choose to tell your parents and family instead of being expelled from the school for violating school rules and disciplines?"

"Decided to file a case for review against Xia Mingyuan?"

Wu Yan hesitated for a few seconds: "Because I didn't know at the time, I was afraid at the time, but after I was fired, I was no longer afraid."

You stated it so clearly, now you say you were scared at the time?

This angle is simply untenable, right?

At this time, Jiang Feng, who was sitting at the trial table, asked again:

"Xia Mingyuan, according to the victim's statement, stated that you touched the private parts when you acted against the victim."

"How do you explain this?"

Xia Mingyuan shook his head: "Presiding Judge, I have never behaved like this."

"In my knowledge, I would never do such a thing to a student."

"This is a complete insult to my character and my dignity."

"Hmm... Let's not mention these for now, but do you think it's possible for you to touch them?"

Xia Mingyuan fell into deep thought when he heard this question.

Is it possible to touch it?

"This is possible, but in my memory, this has never happened."

"Then how can you prove that this is not the case?"

"Based on what you just said, you also said that there might be contact."

"So did you touch it? But at the trial, because the victim had no evidence, you insisted that you didn't touch it..."

"Can you prove with objective facts that you did not touch the victim's private parts?"

"In other words, you touched it, but you didn't mean to."

"Can you provide evidence that you subjectively did not mean it?"

When Su Bai heard the first question, he thought it was normal.

Because various possibilities need to be considered in court trials and a thorough understanding of the specific circumstances is required.

But what are the last few questions?

Let the criminal suspect use objective factual evidence to prove that he was not intentional subjectively! ?

First, I asked if it was possible, if Cunxian accidentally touched it.

Then use this scenario to apply it to the real situation.

Let Xia Mingyuan prove his innocence...

So you go around and around, it's all TM's fault, you want to go through the normal process to judge Xia Mingyuan guilty, right? ! .

....

PS: Please give me a monthly ticket~

(End of this chapter)