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

Chapter 235 The rape case is over!
“Our client had reasons and evidence for retracting his confession at the court hearing. During his separate questioning during the investigation stage, a case investigator once told him to plead guilty quickly and settle the matter!

I can understand the feelings of the investigators who want to close the case quickly, but this is unreasonable, inconsistent with the law, and violates the law!
According to the law, no one may be declared guilty before the court pronounces a verdict. Case investigators should treat criminal suspects as innocent during the investigation stage!Even the title is just a suspect and not a criminal! "

"Case investigators should be rigorous, because the light piece of paper in their hands determines whether an ordinary person will live or die, as well as the development of the rest of his life. The light piece of paper carries a person's future! The future! Life! Happiness!"

“It is currently doubtful whether our client had any kind of relationship with the plaintiff’s woman!
Whether this behavior, which is related to what happened, is a criminal behavior, this is another issue to be discussed at the next level, and it is still doubtful! "

Luo Kai's voice was slow and unhurried, echoing in the courtroom!

But the calm words have the power to calm the mind!
Is this a reversal of confession?This is to bring in all the people handling the case directly!
Luo Kai’s debate has reached now!

All the evidence produced by the other party has been locked away!They have all been denied!

Then you are in a blank state!
Did the man commit a crime?
Did anything happen between the man and woman?
No evidence.

Both sides hold their ground.

Doubt!

In case of doubt, favor the defendant!
As someone may ask, what is the use of this?
Luo Kai is putting on two thick armors for himself.

Erect two walls of defense for yourself and the defendant.

If there is a second trial for this case, it will come in handy.

Yes!

Luo Kai was just fighting the case in the first instance, and he was already thinking about digging a hole for his opponent in the second instance.

It's that tough.

These two walls, whether it is the first instance or the second instance, if the plaintiff woman wants to argue in court, she cannot get around it no matter what!
What are the differences:

Does it matter whether something happened to the first wall? !Doubtful!
If the woman wants to make a breakthrough, she must come up with new evidence!

As for the second wall, that is whether the man's behavior is considered a criminal act, or is it just a normal life behavior where both parties agree?Doubtful!
These two walls.

There are also two pits.

Luo Kai dug it in advance.

Anyway, this is how Luo Kai does things, no matter what, he will subconsciously save one or more hands.

Setting up a few traps for your opponents has become a subconscious operation...

Whoa, whoa, whoa!
Luo Kai even mentioned in the debate just now that the two parties might just be doing nothing in the wedding room.

Luo Kai's voice just fell.

The plaintiff's lawyer sitting on the plaintiff's bench grasped this point and asked in court: "Defendant's defense lawyer Luo, may I ask how you were able to deny this assignment without saying anything?" What about the prepared confession?
How did you deny this piece of evidence and directly restore the investigation results of the relationship between the two parties to a state of chaos that no one can explain? "

The female lawyer's summary is quite accurate.

This is also the sentiment of all litigants present.

Court scene!

Everyone is looking at Luo Kai!

In this final fight, how will Lawyer Luo argue?

Luo Kai shook his head gently: "What you said, the plaintiff's lawyer, is good. You asked well. Next, I will state that this confession is flawed from several aspects such as the case handling procedures and the violations of the substantive content." Evidence cannot be used and has no effect, thereby achieving our purpose of retracting the confession!"

To convict a person of guilt, the process of determining the crime is as follows:
Is there behavior?yes! ——>Is this behavior legal?Illegal——> It can be characterized as a criminal act. Are there any subjective or objective illegal reasons to prevent it?No! ——> Only then can it be considered a criminal act!Only then can he be sentenced!

It requires a process!

And whether there is any behavior in step 1 is already a question mark?

The subsequent sequence chain is directly cut off!
When Luo Kai said this, he took a special look at the female lawyer sitting at the plaintiff's table.

It seems to be expressing gratitude to this opponent:
Thank you for giving me such a good assist in court (summary)!
You are a good person!

You... are quite nice.

Although the eyes cannot express speech, the meaning expressed is this.

Luo Kai didn't care that his opponent's mentality gradually exploded, and he couldn't control his facial expressions as he was about to collapse.

Luo Kai looked at what was projected on the huge screen. This piece of evidence was the defendant's confession collected by the office staff during the investigation phase. Several paragraphs were marked on it.

Luo Kai spoke one by one: "First of all, from a procedural point of view, there are flaws in the acquisition of this evidence. Where are the flaws? First, let's look at the signature format. When handling cases in general, especially criminal cases, , all require the signatures and fingerprints of two formal case handlers! Note that they are both witnesses and handling the case together.

However, in this defendant's confession, it seems that only one investigator signed his name, and there were quite a lot of fingerprints. Therefore, this is a flaw in the format. Strictly speaking, this alone can make this piece of evidence stand out. Illegal status! "

As soon as Luo Kai finished speaking, everyone looked at the bottom corner of this piece of evidence.

Good guy, there are indeed two signatures, one signature belongs to the defendant, and the other signature belongs to the person handling the case!
There are indeed many words for handprints.

The clerk quickly dragged the mouse to display what Luo Kai just mentioned in front of everyone.

The plaintiff’s lawyer’s face darkened slightly!
The staff member sent by the prosecutor to initiate the proceedings, who was sitting on the plaintiff's table, also had a dark look on his face.

This evidence.

There are definitely flaws in the format.

However, other evidence can be used to supplement the evidence at a later stage.

So when it came time to check the evidence...

Luo Kai just pointed a finger casually and already made the evidence in a usable or dispensable state!
The judge held a pen in his hand and quickly recorded some special points.

Luo Kai's voice continued to ring throughout the trial court: "There is one error and flaw in the format of this evidence, and this is one of them!

Secondly, during the investigation stage, according to my client’s claim, the investigators did not fully inform the defendant during the inquiry about his litigation rights in the process and the legal consequences after pleading guilty, and did not fully fulfill their obligation to inform. I think it is inappropriate to just say that you should plead guilty early, be sentenced early, and get out early. Such legal consequences are inappropriate.

Third: Our client, the defendant, mentioned various details of what happened between the two parties during the investigation stage, such as standing, for example, the woman went downstairs to get takeout, but this statement did not exist in this confession. .

According to legal provisions, some details added by the parties that are helpful in solving the case should be added to the original confession, but this was not seen in the defendant's confession. "

Luo Kai's above three points have some ambiguities in terms of proof, that is, where the public's statement is reasonable and the mother-in-law's statement is reasonable.

But the next point is something that has substantial evidence and can be proven:

"Fourth, there are serious errors in the content. According to our client, when he was being interrogated, the investigators once said a threatening word: Defendant, think about your parents, hurry up. I admit it, people who are over 60 years old have earned so much money in their lifetime, isn’t it just to keep their children and grandchildren safe and happy?
After saying these words here, he even tried to promote a private reconciliation between the plaintiff and the defendant, which violated the principle of criminal law proceedings and the two parties cannot reconcile privately!And during the reconciliation process, he said a few words that were threatening in nature!

According to the illegal evidence exclusion rules, if the criminal suspect is subjected to unbearable pain by using force or threatening methods that seriously damage the legitimate rights and interests of the person and his close relatives, and the confession is made against his will, a decision should be made to exclude it!

We will present evidence in court, and the evidence will be that the investigators recorded videos of both parties during the mediation process, which will be submitted by the prosecutor!Now you can watch it in court..."

After Luo Kai finished speaking.

The clerk's computer called up the mediation between the two parties before the trial!

This mediation was even circulated on the Internet...

Whoa, whoa, whoa!
Even if the case investigators discovered later that there were flaws in their work, it would be too late to withdraw them.

and so!
Luo Kai was able to quickly request that this piece of evidence be fixed, and it would be available during the trial not long after.Prove it.

……

In the courtroom, everyone held their breath.

The video is playing.

"Son-in-law, listen to me, you have to learn to be a good person. You are such a grown-up, and you still don't know what's going to happen...

"...Give me the money if you can. If my daughter's name is written in the house book, then you will be the uncle, and you can continue to get married. If you can't come up with it, then the defendant will be sorry. We will see you in court later... "

"...I'm really not a threat. Isn't this mediation? I've stated my conditions, and you've stated your bargaining chips. Isn't this a very simple thing? Isn't there any threat..."

"...a fixed price. I will receive all the previous betrothal gifts. My daughter's name must be written in the house book, and a sum will be paid. My daughter's mental damage compensation is not much, only 20..."

The mother-in-law's fierce voice echoed throughout the court.

After everyone heard this, they only felt anger in their hearts, which was accumulating involuntarily!

I want to rush up and slap this mother-in-law twice!

Look at her fat face.

He was frothing at the mouth and looking like he was extorting money.

The fist clenched involuntarily.

High blood pressure.

You really think that if you take advantage of someone, you can open your mouth wide, right?

Look at her face and what she said. Is this something a human being can say?
Is this an adjustment process?Is this not extortion?

Do not!
This is extortion in the truest sense!
And still mastered the law.

During this process, the investigators also said a few words, such as:
"...You are both a family. Don't things like this happen sooner or later? Can't the man's family and the woman just pay a little and settle the matter..."

"...Both parties were originally in-laws. If after getting married, they will be people who look up but never look down, there is no need to make it so tense and pay some money..."

"...Man, please say something. You need to think clearly. If you don't reconcile and go to court, it will be too late. If you don't take care of your offspring, it will basically be gone." Road, the kind where even you have to go in and use a sewing machine for several years..."

Ah!
During this process, the case investigators really tried hard to bring the two parties together to reach a settlement quickly.

Either way.

There is a slight exaggeration of the consequences of committing a crime.

I want the case to be settled quickly.

After all, it is probably the first time that they have encountered such a strange thing!

About to get married in a few days, the soon-to-be newlywed wife sued her husband for rape. This is simply an outrage.

There is still a simple thought in which I would rather demolish 10 temples than ruin a marriage...

The starting point is good, but for legal knowledge...

The investigators may have understood that there were some flaws in their studies, and may have overlooked that this was a criminal case, not a civil case!
This is a criminal case.

In civil cases, the wishes of both parties are respected, mediation can be carried out, and reconciliation can be carried out!
But in a criminal case, the prosecution is the prosecution.

The prosecutor acts as the initiator of court proceedings and as the lead plaintiff.

to prosecute criminals.

Because in criminal cases, the criminal suspect damages the legal order.

and so!
As a member of the large prosecution, the plaintiff has no right to withdraw the lawsuit or settle the case.

……

The mediated video plays quickly.

All the points Luo Kai just mentioned have been confirmed one by one!
From the signature format, content, and substance, it can be seen that this defendant's confession was made against the defendant's will.

Therefore, it does not have any reference value and should be discarded and regarded as invalid evidence.

Luo Kai saw that everyone was in a state of silence.

Slowly said: "Our defendant was in extreme panic. The investigators failed to fully fulfill their obligation to inform and illegally started the mediation process. This confession was made in the interests of the relatives of the parties concerned." It was coerced and made our client extremely painful, so we believe that this confession violated our client’s will and should be annulled!”

The voice echoed throughout the courtroom.

The three judges discussed quietly for three minutes.

The presiding judge gently knocked the wooden hammer in his hand: "This defendant's confession does contain errors in content, format and procedure. This court will exclude it as illegal evidence!"

"Both sides can now continue the debate! If you have any, please continue, if not, you can make your final statement!"

The judge looked at the group of dark-faced plaintiff lawyers.

The female lawyer just felt dizzy.

How come 99% of cases that can be won are suddenly lost?

Every time the plaintiff's lawyer presented a piece of evidence, it was directly denied by his opponent, Lawyer Luo.

The evidence you produced is good, but this evidence belongs to me, or this evidence is invalid...

It's just too outrageous.

Too bad.

And this kind of outrageous thing happened in front of him.

The plaintiff’s lawyer seemed to have remembered something related to Lawyer Luo.

The voice was a little trembling: "We no longer have evidence, but there is still the possibility of submitting new evidence in the next process!"

The judge asked: "Defendant, do you have anything else to say?"

"No more!" Luo Kai nodded.

"Then let's make the final statement. You, the plaintiff, can make the final statement."

Female lawyer: "We still insist on our litigation claims! If there is evidence in the follow-up, we will submit it in time!"

The judge nodded after hearing this: "Defendant's defense lawyer, do you have anything else to say?"

Luo Kai took a deep breath when he said this: "In this case, first of all, the plaintiff's claim has no basis at all, because the investigation of this case does not determine whether there is any relationship between the two parties...

And it has not been investigated whether the relationship is a criminal act..."

(End of this chapter)