You became a lawyer and sent the judge in?

Chapter 370 The facts are complex, and different angles determine the results!

There was nothing wrong with the presiding judge's question.

The content of the question also starts from the facts and objective argumentation situations, and expresses a point of view-whether it can be proved that the procedure is illegal.

Is there objective evidence that the procedure is illegal?

To be honest, not yet.

but.…

The main discussion in this case is whether Xu Xingwang committed a crime, or whether it can be determined that Xu Xingwang committed a crime.

As for Wang Fang...

Wang Fang is just a passing fact that Xu Xingwang mentioned when discussing the facts.

The illegal and procedural violations stated by Xu Xingwang are not the main conditions for overturning the case in this trial.

but.…

Because the trial itself was broadcast live in public.

Although Su Bai did not specifically promote it.

But the case itself and Su Bai's influence can attract a lot of viewers.

People who watched the live broadcast of this trial were a little stunned after hearing the entire process of the current trial.

Wang Fang?

From Jiangdu?

Isn't that a detective? !

Now it seems that the character of the detective is about to collapse? !

Many people had doubts in their hearts, and some even asked:

"Who is Wang Fang mentioned here? Detective Jiangdu?"

"This case was tried more than 20 years ago. Can the age match?"

"I'm not sure. Is there anyone who understands the answer? It feels a bit like it!"

"I just quit the live broadcast to check, yes, it's this!"

"I'm sorry! Then this is a big case! Let's not talk about whether there is evidence or not. Just the issues and people involved, you can feel that there is a lot of things in it!"

"Ahem...Whether it is a major case depends on the verdict this time. If the verdict is upheld, then there will definitely be no problem."

"If this verdict proves to be an unjust, false, and wrongly decided case, then there must be something wrong!"

"Keep watching!"

"..."

Many people in the viewing room spoke, and most of them wanted to continue watching.

Because the court has not given the final result yet on whether this case is an unjust, false or wrongful conviction.

To be discussed.
.

....

On the other hand, Wang Fang did not participate in the trial this time.

Because she only participated in the criminal investigation of Xu Xingwang's trial.

Initiating public prosecutions and making judgments are handled by the prosecutorial department and the court department.

Besides, it's not her responsibility.

Wang Fang is sitting at home, watching the defense of this trial.

This time I watched the trial just to confirm how this case will be judged.

As for whether she will suffer other actions because of this court trial, Wang Fang feels that this affects herself.

But after seeing Xu Xingwang keep mentioning himself and the content of the barrage on the court live broadcast.

I still felt a little unhappy from the bottom of my heart, frowned slightly, and said nothing.

Continue to watch the defense in the courtroom.
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....

In the court hearing, Lin Yuanfeng, as the presiding judge, shook his head when he saw Xu Xingwang.

Then he turned to look at Su Bai:

"Does the lawyer appointed by the appellant have evidence to prove that there were illegal procedures in the sentencing of Xu Xingwang in the first and second instances?"

Su Bai said: "We currently have no substantive evidence to prove that there are illegal procedures."

"Ok."

Lin Yuanfeng nodded slightly: "The trial continues."

"Continue to ask the lawyer appointed by the appellant, what specifically do you want to express about the relevant content you just asked the appellant to state?"

"President, what we specifically want to express is that in this case, we believe that Xu Xingwang's original confession was wrong, and we cannot be judged based on Xuexin.com's original confession."

"You mean Xu Xingwang wants to retract his confession?"

"Yes, Judge."

Su Bai nodded.

Retract your confession?

On the other side, after the prosecutor listened to the above exchange between Su Bai and the presiding judge, Wei Hai, the prosecutor, expressed his opinion.

Regarding this court hearing, Wei Hai started from the perspective of objective facts.

Although the Supreme People's Procuratorate has provided certain guidance and protest, the Provincial People's Procuratorate still has a certain degree of autonomy regarding the details of the case.

Let's not talk about other things first, Wei Hai still has opinions on retracting confessions.

"Regarding the relevant circumstances involved in this case, the lawyer appointed by the appellant expressed that Xu Xingwang's original confession was wrong and he wanted to retract his confession."

"But there are no actual objective facts to prove this."

"So the court may not accept the appeal's request to retract the confession."

"At this point, the prosecution would like to make some observations."

"The prosecutor believes that if Xu Xingwang is found not guilty, or if Xu Xingwang's original confession is found to be false."

"Then we need to produce direct evidence, or objective factual indirect evidence to prove that Xu Xingwang has not committed a crime, instead of dwelling on the confession."

"The confession exists in a subjective aspect and is only a supporting evidence."

"On this point, the prosecutor would like to hear the appellant's specific views."

to be honest!

Let's go back to the issue - Xu Xingwang's confession cannot be used as direct evidence to overturn the case.

Because Xu Xingwang's confession and the corresponding facts were very clear.

From the current point of view, there are no problems.

Although Su Bai knew that Xu Xingwang's confession was taken illegally.

But there is no evidence!

If you want to retract your confession, you need evidence!

Of course, there are other solutions to this case.

This case was able to be protested by the Supreme People's Procuratorate and remanded for retrial, not because of Xu Xingwang's confession.

It lies in direct evidence.

What is direct evidence?

The new factual basis proposed by Su Bai is that - except for Xu Xingwang's confession, there is no direct evidence to prove Xu Xingwang's guilt.

So from this point of view, can Xu Xingwang be found guilty?

No!

Why do you say that?

Because even if Xu Xingwang accused the crime scene.

In the previously coerced confession, the relevant facts and details of the crime were stated.

However, throughout the entire case, Xu Xingwang did not leave any corresponding criminal evidence.

For example, fingerprints, murder weapons, DNA, etc.

From this point of view, it is equivalent to saying that there is no evidence to prove that Xu Xingwang committed a crime.

to be honest!

Xu Xingwang's confession and confession had the greatest impact on the verdict!

So now as long as the original confession is overturned, the purpose of acquittal can be achieved.

But what's the problem now?

How to overturn the original confession?

Or how to use indirect evidence and other direct evidence to prove innocence?

This issue is the most critical issue in this trial.

Because Xu Xingwang currently has no particularly strong evidence to prove that his original confession was obtained in violation of procedures.

The current situation is that it depends on the presiding judge to make relevant judgments on the circumstances of the case.

It depends on whether the presiding judge, based on the Supreme People's Procuratorate, believes that the evidence involved in the judgment of this case is insufficient.

Of course, Su Bai's main reliance in this trial was not this confession.

But in the chain of evidence. swag!

Still the same question, if Xu Xingwang broke into a house, robbed and killed someone, where did the stolen goods go?

Regarding the questions raised by prosecutor Wei Hai, Su Bai responded accordingly:

"In this case, the direct evidence we mainly rely on is——"

"In the first and second instance judgments of this case, in addition to our confession and confession, the most intuitive thing that showed our criminal behavior was the gold chain we went to the gold store to sell."

"This is directly related to the fact that we have committed a crime."

"We believe that the previous judgment is not sufficient to convict us."

"Because according to our current statement, he picked up the gold chain on the road."

"Although we were said to be a suspect at the time, this alone cannot accuse us of being guilty."

"In view of this, we believe that the sentence should be changed."

If we say, when the first or second instance is making a judgment.

Su Bai stated this, and the court may not necessarily rule him guilty.

So now Su Bai's statement, the court may not necessarily change the sentence.

Because it involves more than 20 years of unjust, false and wrongful cases, there are too many situations involved.

It is also impossible for the court to make a judgment because there is insufficient evidence for certain facts.

Regarding Su Bai's statement, Lin Yuanfeng listened to his opinions at the trial table.

Looking at the appellant's seat, that is, Xu Xingwang: "I want to ask the appellant."

"As for the origin of the gold chain, do you have any evidence to prove that you picked it up?"

"The evidence I'm talking about is objective, factual evidence. For example, someone was with you and saw you picking up a big gold chain."

Xu Xingwang: "No."

"Ok."

Lin Yuanfeng nodded. Judging from the current situation, this trial has fallen into a difficult decision.

Why is it troublesome?

Because at the beginning, Xu Xingwang's confession and confession of guilt and punishment were used as the main judgment, and of course other important evidence was added.

But now...

Xu Xingwang overturned his previous confession.

And there is no evidence to prove that his current confession is an objective fact.

There is no evidence to prove that the previous confession was an illegal procedure.

The Supreme Court's appeal is to see if there is direct evidence to determine whether the person is guilty or not.

The court reverses the case to see if there is direct evidence to determine innocence.

So this case now falls into a problem.

How to judge?
.

....

Regarding the current situation of this case, Su Bai was very clear in his heart that it was difficult to judge!

The main reason is that it is too old and there is no evidence!

In this case, the presiding judge can decide not to overturn the case.

Regarding this situation, Su Bai raised his hand and after getting the consent of the presiding judge, he emphasized the point again.

"The presiding judge... In this case, there is no direct evidence to prove that Xu Xingwang broke into a house, robbed and committed murder."

"and…."

"The only physical evidence that can be proved is the gold chain. According to our statement, it was picked up."

"But due to the passage of time, there is no evidence to prove the authenticity of our confession."

"But from a side perspective, from a legal perspective."

"According to statistics, in addition to the gold chain, the lost property involved in this case also included 50,000 yuan in cash and nearly 30,000 yuan in other valuables."

"Other lost property has not been found."

"Why not found?"

"This is the key issue in this case. At the same time, through this point, it can also be rejected that the stolen goods were obtained after Xu Xingwang committed the murder."

"There is one more thing I would like to add."

"That is, according to the investigation, Xu Xingwang did not know the victim.

The criminals left no direct evidence such as fingerprints and marks. There are certain circumstances that can show that the criminals have a certain acquaintance with the victim. "

"But Xu Xingwang has no relationship with the victim."

"That's what we want to make clear."

"Based on the above, we believe that in this case, there was insufficient objective factual evidence for the first and second instance verdicts that our party was involved in home invasion, robbery and murder."

"So we believe that the verdict should be changed to not guilty."

Su Bai's statement still relied on the incomplete chain of evidence to accuse and demand a reversal of the case.

The reason why Su Bai found this case difficult was because he had various possibilities from various perspectives.

There is also the possibility of different verdicts.

Facing Su Bai's statement, Wei Hai raised it again:

"Based on the appellant's statement just now, we still want to ask a question."

"The basic views just stated by the lawyer entrusted by the appellant are all based on the confession of the appellant Xu Xingwang."

"There are no specific objective facts presented... Can the lawyer entrusted by the appellant provide a specific presentation?"

Su Bai said: "As for the objective facts, we have just expressed it."

"It shows the objective fact that no complete stolen goods were found."

"And there is no direct evidence to prove that Xu Xingwang's confession is false."

"In other words, it cannot be proven that Xu Xingwang committed a crime."

It is enough that it cannot be proved that Xu Xingwang has committed a crime.

No matter how much else you say, it doesn't make much sense.

On the judgment seat.

As the presiding judge, Lin Yuanfeng faced the mutual defense between the prosecutor and Li Bai.

I also have a gradual inclination towards this case.

how to say.…

Judging from the chain of evidence in this case, how can Xu Xingwang be judged guilty?

Was Xu Xingwang's conviction based on physical evidence, direct evidence, and oral confessions?

What is the physical evidence?

The physical evidence was the big gold chain, which was stolen property.

So did Xu Xingwang pick up this big gold chain?

Doubt!

What is the direct evidence?

The direct evidence is the murder weapon, fingerprints, and DNA.

Xu Xingwang's fingerprints and DNA do not exist in this case.

Even the murder weapon was an item from the victim's home.

So in other words, wouldn't the non-existence prove Xu Xingwang's innocence?

No.

Why do you say that?

Because in this case, the criminals left no fingerprints or DNA at the scene!

And the most important point is Xu Xingwang's confession.

According to Xu Xingwang's confession, the confession he made was obtained through illegal procedures.

But now he cannot prove that it was obtained through illegal procedures.

I want to retract my confession, but there is no evidence.

On the other hand, it cannot be proved that what Xu Xingwang is saying is false.

What should I do?

This is from the perspective of the presiding judge, so Xu Xingwang was sentenced.

Although Lin Yuanfeng is biased, he still thinks that this case is not so easy to judge!
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....

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(End of this chapter)