If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 43 It's too bad!
"There is no objection to evidence one, two and three, but there is an objection to the five videos of evidence four."

Ignoring the gloomy look on the face of the prosecutor opposite, Ren Zhen raised his own question:
“For several videos in evidence four, the defense has doubts about their objectivity and relevance.

First of all, judging from the evidence list, the prosecutor only submitted the video but not the original carrier of the video. Therefore, the defender did not recognize the objectivity of this set of evidence. "

The gloomy look on Wang Feng's face became even worse.

Although in theory, original evidence must be submitted, but for such a simple case, and the defendant has pleaded guilty and accepted punishment, there will be no changes in this case at all, right?
Is this lawyer deliberately looking for trouble?

Xu Yangfan on the trial bench nodded.

It is true that Wang Feng did not submit the original carrier, and Ren Zhen’s question is completely in compliance with the regulations.

Although these videos can still be used as evidence, their probative power depends entirely on the judge's judgment.

“Secondly, there are doubts about the relevance of this body of evidence.

The prosecutor wanted to use surveillance video to prove that the defendant was driving very fast, thereby proving that he was highly harmful to society.

However, as the prosecutor said, it can be seen in the surveillance video that the defendant was driving very fast at the time, but there is no relevant evidence to prove the specific speed.

Therefore, the relevance of this set of evidence is not recognized. "

Xu Yangfan nodded: "Is there anything else?"

"No more, Judge."

Ren Zhen shook his head, indicating that his cross-examination was complete.

Zhao Kai raised his head in the dock and suddenly felt that it didn't sound that bad?

Doesn’t this lawyer seem to be very unreliable?
Seeing that the prosecutor seemed to be silenced by his lawyer, Zhao Kai felt that he was doing well again.

Maybe, this lawyer can really exonerate me?

Zhao Kai, who didn't hear anything at all, noticed the subtle atmosphere in the court, and his mentality changed slightly unconsciously.

"What is objectivity? What is relevance?"

"I only heard the universality of contradictions in their conversations."

"I'm hot! Philosophy class representative!"

"From these words, it sounds like this lawyer is quite reliable, right?"

"Don't guess what the lawyer is thinking! Everyone thought the case was lost last time, but what happened? Was it a slap in the face?"

"Although, what if this lawyer was lucky last time?"

While watching the live broadcast of the court hearing, Zhang Ziyu was too lazy to reply to those chatting barrages.

But when someone raises questions about professional issues, she will still answer them.

"The objectivity and relevance mentioned by the lawyer just now are part of our country's legal system, which clearly stipulates the nature of evidence. Generally speaking, we call it the 'three properties' of evidence: legality, objectivity and relevance."

For this basic knowledge that all law students know, Zhang Ziyu naturally has it at her fingertips:
“Legality means that the source of evidence must be legal, and generally must be provided by the parties or defense lawyers in accordance with legal procedures.

Objectivity, also called authenticity, means that the evidence must be able to prove that the relevant facts are real.As lawyer Ren said, the prosecutor did not provide the original carrier of the evidence. The subtext is that these videos may be forged, so there are doubts about their objectivity.

Of course, we believe that the evidence submitted by the prosecutor is true, but if we strictly follow the regulations, it is more rigorous to submit the original carrier of the video. "

When the prosecutor was involved, Zhang Ziyu accidentally said a few more words and quickly started to stack armor for herself.

"Relevance means that the evidence submitted by the parties must have a legal and logical connection with the relevant facts of the case. If the evidence has nothing to do with the case, it will naturally not be accepted by the judge."

After quickly explaining the three natures, Zhang Ziyu immediately returned all his attention to the trial.

Ren Zhen's cross-examination was well-founded and did not look like he was unprepared.

Compared with the defense opinion that had obvious flaws, it simply didn't look like it came from the same person.

She couldn't wait to know what evidence Ren Zhen submitted.

"The defender can start presenting evidence."

Ren Zhen's evidence was put on the big screen by the clerk.These are two screenshots.

"The first evidence is the call record of Zhao Kai's call to 120 on the night of the incident.

Evidence two is two recordings of calls between Ren Zhen and the hospital operator, at 0:12 and 0:43 in the morning on the day of the incident.From these two recordings, we can tell that Zhao Kai communicated with the operator at the local hospital on the night of the incident and was clearly informed that the ambulance had been dispatched and the time it would take to reach his home was uncertain.

Evidence three is Zhao Kai’s taxi record from Didi that night. Although he didn’t get a taxi, we can see that the waiting time on Zhao Kai’s mobile phone was more than half an hour.This is enough to prove that Zhao Kai was in a state where he could not get a taxi on the night of the incident. "

"The above evidence is sufficient to prove that the defendant Zhao Kai's drunk driving behavior on the night of the incident was a helpless act. It was not subjectively vicious at all, and it was not certainly harmful to society."

At the end, Ren Zhen added: "The above evidence has been submitted to the relevant original carriers to ensure the objective authenticity of the evidence."

After hearing Ren Zhen's evidence, the man at the trial had a big question mark on his head.

We are talking about dangerous driving now. What is the use of submitting such a pile of evidence?

After so many years of judging cases, this is the first time that such evidence has been submitted.

Just to prove what you just said, the defendant subjectively did not want to drive drunk?

But this has nothing to do with innocence, right?

Xu Yangfan was a little puzzled.

From the moment the lawyer proposed a not guilty plea, she had already searched through all the possibilities in her mind.

I was originally thinking about what novel angles the lawyer would come up with.

Now it seems that the angle is quite novel, but it is of no use?

Wang Feng was no less confused than the judge.

However, he is still immersed in the confusion that the evidence is questioned by Ren Zhen.

If I had known better, I would have made two more trips to get the surveillance cameras from those merchants.
Wang Feng sighed inwardly.

I originally thought this case was simple, so I didn't care so much.

Unexpectedly, for such an oversight, the lawyer opposite would not let go.

Great!
Although he was a little confused about the evidence presented by Ren Zhen, he didn't take it too seriously.

In this case, the defendant has nothing to prove.

I guess I just mess around, deal with it, and make the fight look good.

In this way, the parties will think that the legal fees are more worthwhile, right?

But this guy also specifically emphasized that he submitted the original vector in the end, provoking me, right?

Thinking of this, Wang Feng was puzzled +10086.

"Public prosecutor, you can start to express your cross-examination opinions."

Wang Feng's thoughts were interrupted and he quickly stood up.

After roughly recalling what the lawyer across from him had just said, Wang Feng spoke:

"The evidence just listed by the defender is nothing more than to prove that the defendant has no subjective malice."

Wang Feng shook his head sadly:

"Although I understand the defendant's anxious state of mind as a father at the time, the law is the law. The defendant knew the dangers of drunk driving, but still carried out the act of drunk driving. Subjectively, it is fully consistent with the criminal intention of dangerous driving.

To say the least, the evidence cited by the defense lawyer was too one-sided.When the ambulance cannot come and the online taxi cannot be hailed, is there no other way? "

"Can't you just knock on your neighbor's door and ask your neighbor to take you to the hospital, instead of driving drunk at your own risk?"

Wang Feng became more and more enthusiastic as he spoke, but Ren Zhen narrowed his eyes.

The light of the successful plot flashed past.

(End of this chapter)