Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?

Chapter 230: The judge’s electronic recording evidence has been modified and spliced, and is excluded from use!
"Your Honor, as the defense lawyer for the defendant, I request that the electronic recording evidence be excluded from use in court because this electronic recording contains traces of modification, cutting and splicing!
According to the explanation of Article

The plaintiff should follow the legal provisions and maintain the integrity of the electronic data during the submission process, without any editing or splicing!
Other types of evidence, such as witness testimony, can be used to strengthen the proof during the subsequent debate!

But electronic data is special among special things. It dies when touched, and dies when modified. Once edited, the electronic recording evidence cannot be used in court!Therefore, I consider this evidence to be illegal and should be excluded from use! "

When Luo Kai said this, he also deliberately added: "If the defendant thinks that our defendant can be found guilty of a crime by showing this piece of evidence in court, then this piece of evidence cannot be used in the subsequent debate process and it will become illegal. Evidence, how should you respond?"

Exclusion of evidence.

It has another specialized name in law.

It’s called the exclusion of illegal evidence.

Referred to as Pai.Fei!
The general meaning is that after the plaintiff and the defendant give evidence in court, the opponent directly rebuts and cross-examines in court.

Say that the evidence you submitted is illegal.

The procedure for collecting evidence is illegal!

The evidence used was illegal.

Evidence collected illegally is illegal, etc.!

If we use the terminology of the gaming industry.

Just when playing games like 5v5.

At a certain qualifying match, both sides will have two ban positions before pre-selecting heroes.

It can ban the heroes that the opponent is good at first and weaken the opponent's strength first.

It's like a certain fun star in the entertainment industry who is said to have trained hard for several months as a professional hero, but on the day of the game, his opponent directly banned his best hero...

cough cough cough.

(Talk about why you can’t help but mammoth) That’s probably what it means.

The knowledge points derived from the rules for excluding illegal evidence are compulsory in the annual legal examination, making countless candidates bald...

There are many kinds of evidence.

For example, the classification of evidence such as confessions of criminal suspects and defendants, witness testimonies, investigation records, physical evidence, audio-visual materials, electronic data...

In different cases, of course, the evidence obtained during the investigation cannot be in an extremely perfect state all the time.

There will be some flaws.

This will lead to a very close concept, which is called the reinforcement of evidence.

The general meaning is that if a piece of evidence has flaws, it can be remedied through procedures and other aspects at a later stage, or it can be strengthened with related evidence to make this piece of evidence usable.

Like a car parked on an uphill road, the driver would place a brick at the rear wheel to prevent him from losing control and rolling back.

If one brick (evidence of a flaw) doesn't stop it, add another to strengthen it.

Ah!
That's what I mean.

Many types of evidence can be corroborated in this way, and later supplementation can be strengthened to complete the legal process of evidence.

However, electronic recordings of audio-visual materials are a special type of evidence.

Just like regular glass, it cannot have any flaws.

If defective.

Then this evidence cannot be used.

There are countless examples of editing online that can turn a normal thing into a distortion!
That's why Luo Kai said in court just now a terminology that only people in the industry understand, that is, audio-visual materials, electronic recordings and other evidence will die when touched and broken when modified!

The three judges could see the focus of the debate between the plaintiff and the defendant present.

That is about whether the recording evidence produced by the mother-in-law can be used as evidence.

Has this recording been modified?
Is it complete?
One of the most important characteristics of evidence is completeness.

Complete evidence proving that the incident occurred.

The evidence is complete during the preservation process and has not been modified or tampered with!
What the plaintiff's lawyer means by showing this piece of evidence is that the defendant's lawyer, Lawyer Luo, and your own teammates have all admitted that they committed the crime!

Your teammates have already surrendered. Lawyer Luo, please surrender quickly.

Your Honor, please judge quickly.

The facts exist.

The defendants themselves pleaded guilty.

What are you still hesitating?
However, Lawyer Luo, as the defendant's defender and the defender, stood up and spoke out at this time!
This piece of evidence about the ultimate move that your opponent came up with is quite good, but it has no effect because it is illegal evidence.

Illegal evidence cannot be used.

Lawyer Luo even applied in court to exclude illegal evidence...

Ah!
The three judges have a clear understanding of the facts of the entire case.

for this evidence.

Is it illegal?

Can it not be used in court?
The judge gently knocked the wooden hammer in his hand: "Because the original and defendant parties in this case have illegal and legal disputes about the recorded electronic data evidence, it involves professional fields.

Our hospital will have professionally qualified staff conduct an inspection in court to see whether the recording is complete and whether there are any traces of editing. If there are traces of modification or editing, it will not be used. Do both parties have any objections? "

"Of course!" The woman on the plaintiff's bench nodded her chin proudly.

The mother-in-law and mother-in-law next to me looked like victorious fighting cocks, with their necks raised so high!
From their simple point of view.

This piece of evidence was presented and the recording was played in court.

The man on the defendant side admitted that he had committed a crime.

So what's the point of arguing next?

Wouldn't it be better to arrest people directly?
The trial in court is just a process.

Of these two women, one was obese and had a face full of flesh, while the other had a high forehead, semi-bald state, evil deeds, and looked like she had opened the champagne halfway.

This is what happens to people who don’t understand the law.

They had no idea that the Wang Zha they had just played had been banned.

It was denied outright.

It was directly deemed as illegal evidence and could not be used.

The female lawyer who was sitting on the plaintiff's page had a slightly ugly expression on her face: "Yes, your honor!"

Luo Kai glanced at the defendant who was locked inside the fence, and the smile on his face did not change: "Of course!"

At the judge's instruction, the clerk quickly contacted the qualified appraisers stationed in the court to conduct the appraisal in court.

The court was very cautious about this case.

All preparations have been made before the trial begins.

No matter the appraiser.

Or investigators.

Or the investigators who were in charge of the case at the beginning.

Even the person in charge of the prosecution.

Basically, everyone who can reach it has already arrived at the Tribunal.

This is the caution in this case.

There can be no accidents or oversights during the trial process.

After all, although the trial of this case will not be heard in public, when the judgment is made, the judgment will be uploaded to a special website in a special way to protect privacy by concealing the names of both parties...

During this process, the evidence and cross-examination process of both the plaintiff and the defendant will definitely be mentioned!
Since we have already provided evidence and cross-examination, the authenticity and legality of the evidence and other aspects... and other aspects have become the top priority.

It should be normal for the trial court to have a dedicated appraisal agency staff on duty.

It's like being a car mechanic!It makes sense to carry a wrench with you, right?
……

Professional appraisal staff on duty came to the court.

I carry professional testing equipment and a laptop with me.

This person's expertise lies in the identification of image materials such as video recordings.

Came to the court.

This professional person spoke in court: "Your Honor, all litigation participants here, I am the appraiser xx sent by the xx appraisal agency to the trial court. This is my qualification certificate. The judge can use the above certificate to No. found my appraisal qualification!"

"I have no interest in the original and defendant parties in this case and the people participating in this lawsuit. I promise here that the identification I will make next will be legal, reasonable and public. If there is any violation of the law, I will bear legal responsibility." punish!"

First, introduce yourself in court.

Job position and employment with an accreditation agency.

And take out the appraisal certificate to show that you have the qualifications to appraise.

The clerk followed the procedures and found it in a professional place. This person did have appraisal qualifications.

The three judges took the certificate and looked at it and said: "The certificate is legal! I have the qualifications! I can conduct the appraisal!" Just like before the trial, the judges lined up to check the lawyer qualification certificates of the lawyers of both the original and the defendant...

After the judge returns the qualification certificate.

He opened his mouth and said to the original defendant: "Do the original defendant and the original defendant have any objection to the identity of the person with appraisal qualifications sent by our court? Do you want to apply for his recusal? Do you want to apply for a replacement of the appraisal personnel? Do you agree that he will conduct the appraisal in court?" "

"Yes! It's him!"

"Okay!" Both parties responded quickly.

The judge nodded when he heard it.

The appraiser carries the instruments and a laptop in his hand.

I came to the secretary.

The clerk provided him with a chair.

The appraiser skillfully clicked on the recording to open the attribute column.

Then transfer it to your own computer and special monitoring equipment.

Then call up a screen of code through quick operations.

Yes!

Code.

Someone asked, isn’t this a recording?

To check the integrity of this recording evidence, shouldn't we judge it from the beginning to the end?
For example, see if there are any imperfect connections in the front...

No, no!
These are all deceptive.

But the background coding that is transferred along with the electronic data cannot be deceptive.

The technician quickly looked at the code.

Then about 10 minutes later.

Quickly mark a piece of code with a special mark.

"Your Honor, the preliminary appraisal has been completed!"

Everyone at the scene pricked up their ears and stretched their necks.

Watch the identification process follow.

What exactly will happen?

This piece of evidence has been regarded as irrefutable evidence by countless people on the Internet.

Is it really illegal evidence?

hiss!
If so.

How did Lawyer Luo know?
hiss!
Some netizens once said that Lawyer Luo has a very powerful hacker friend.

When Lawyer Luo sued the shopping software company Bangzhayidao.

It has been discovered that hackers from this software company secretly invaded Lawyer Luo's computer backend and issued threats...

Not only did Luo Kai discover this fact, he even used it as a breakthrough to directly file a criminal case and send the gold medal lawyer away...

and so!
There is definitely someone beside Luo Kai who knows hacking technology very well.

Although many people are trying to hit me, I have a friend to hide the fact!

But people did not doubt that Luo Lu was the real person.

Luo Kai is so good at the legal profession!

He should be specialized in law!

Where can I find time to learn about hacking?
Become a top hacker.

Is this impossible?
Luo Kai did not discover this small weakness through himself.

But I learned about it through Jarvis.

Jarvis is an artificial intelligence that spans the ages and spans countless years!
If it becomes a hacker, it will be the king of the hacker world.

He is the god in the Internet world.

To him, the Internet is like a transparent room.

As long as the Internet has left any clues, it can find them.

When Luo Kai took over the case, he asked Jarvis to do a rough investigation for him.

During a rough investigation, Jarvis presented this piece of evidence to his master, which seemed to be incomplete in editing...

After Luo Kai confirmed again and again.

Ah!
Successfully brought it out at a critical moment in the court debate.

The plaintiff and even the plaintiff's lawyer believed that this piece of evidence was complete.

But it's not.

The plaintiff is also the female abbot and mother-in-law.

Then calling the man to threaten and ask for money is an extremely long conversation.

Both parties have various pulls and bargains over compensation.

Of course you are not allowed to see people during this process.

So after the mother-in-law got this recording.

When the woman got her phone back, she casually cut out the content of the previous bargaining process and so on.

Only a small fragment of the man's admission of the crime was left.

She thought she was doing the right thing.

But he made a mistake that professionals consider intolerable.

That would destroy the integrity of the evidence.

If the integrity of other evidence is flawed, it can also be supplemented through subsequent means.

But this is audition material, this is the recording that determines everything.

It cannot be modified or tampered with!

Just like glass, like diamond.

There cannot be any flaws.

Broken when touched.

If you change it, you will die.

The plaintiff's lawyer was sent by the dating agency.

May be quite familiar with matrimonial cases.

Basically, in previous marriage cases, if the defendant was threatened in advance, the man would just pay the money and admit defeat!

But for criminal cases, it has reached an unfamiliar state.

Regarding the evidence in criminal prosecution cases...

Well, what I learned in college was indeed not that good.

In addition, the woman handed over the evidence to the law enforcement officers, and the investigators did not make any suggestions.

It is assumed that this piece of evidence is irrefutable.

There are no flaws at all.

In this way, it becomes a detail that is ignored under the lamp.

but!

It's just such a detail.

It can turn a successful case from victory to failure.

From losing the case to winning the case.

"Please ask the appraisers to read out their appraisal results in court!" the judge said.

The appraiser said in court: "After my appraisal and the background code analysis of this recording, this recording has been modified at least five times! Therefore, it is not a complete recording. The appraisal is completed!"

After speaking.

The whole place was silent.

The recording is incomplete.

Does that mean that this piece of evidence should be classified as illegal evidence?

hiss!
(End of this chapter)