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

Chapter 72 Have you never done this?prove it

"Defendant's lawyer, please explain in detail which part of the above facts you do not agree with."

Although the answer was different from what he wanted to hear, Liu Lin was not too surprised.

After all, Shi Hao has not given up for so many years. Now that he finally has the opportunity to re-examine, he will definitely seize any detail that may lead to a comeback.

“First of all, after reaching a settlement agreement of 30 yuan with Youen Company, Shi Hao no longer had any intention of claiming compensation from Youen Company.

When Shi Hao was interviewed by the media, he was simply stating objective facts and had no intention of using the media to put pressure on Youen Company and continue to demand more compensation.

Moreover, the words used in the first-instance judgment were, 'I hope Shi Hao will stop using the media to make negative reports.' However, Shi Hao only told the truth, how can it be called negative reports? "

Hearing Ren Zhen directly mention the first-instance verdict, two people in the auditorium began to show displeasure.

Of course, Ren Zhen had no time to observe other people at this time, so he continued:

"Secondly, Shi Hao has never made up any reason in any form to file a second claim against Youen Company.

From beginning to end, it was Youen Company that took the initiative to contact Shi Hao and expressed its willingness to provide compensation again, on the condition that Shi Hao would no longer accept interviews with the media.

At first, Shi Hao did not accept the proposal of Youen Company. It was only after Youen Company communicated with it many times that Shi Hao agreed.Therefore, the so-called fact that Shi Hao used the media to blackmail Youen Company did not exist from the beginning. "

Seeing that Ren Zhen seemed to have no intention of continuing when he said this, Shi Hao couldn't help but feel a little anxious.

How is this over?

Not only did I never threaten them, but the facts found by the court of first instance were completely nonsense, okay?
Ridiculous as hell!
How can a sentence end when it doesn’t exist from the beginning?
Say more quickly!

Fortunately, Shi Hao still remembered Ren Zhen's instructions before the trial and didn't say anything more.

How did he know that Ren Zhen just responded to the facts listed by the judge and did not involve anything else.

What's more, if you say any nonsense or ridiculous statement in court, wouldn't it be a direct slap in the face?
At the same time, it will also make the judge doubt the professionalism of the lawyer, and the credibility of any subsequent statements he makes will also be reduced in the judge's mind.

Ren Zhen spoke very briefly, and Liu Lin and the other two judges nodded.

"Regarding the facts you just mentioned, is there any evidence that needs to be supplemented to prove it?"

As soon as Liu Lin's words came out, Ren Zhen and Di Ming both looked like they had seen a ghost.

Especially Ren Zhen, even though he had experienced hundreds of battles, he almost sprayed a mouthful of old blood on Liu Lin's head.

Shall I prove it?

Shouldn't the prosecutor be allowed to prove what Shi Hao did?
How to prove something you haven’t done?

"President, according to the relevant provisions of our country's Criminal Procedure Law, the defender has the responsibility to present materials and opinions on innocence or mitigating. Although it is not yet certain whether the proof of the above facts is directly related to the defendant's guilt or innocence, the defender believes that the The burden of proof should be on the prosecutor.”

Although he questioned the judge's professionalism in his heart, Ren Zhen still responded politely.

What he said was quite tactful, and anyone with a discerning eye could see that the facts just now were basically directly related to Shi Hao's conviction.

According to the division of burden of proof in the Criminal Procedure Law, there is no doubt that that is the job of the public prosecutor.

"Prosecutor" Liu Lin was also extremely embarrassed at this time. He just didn't think much about it and asked subconsciously to see if Ren Zhen had any evidence.

If you have any questions, say them directly and everyone can discuss them directly. If you encounter problems later, just skip them.

Is it necessary to be so serious and follow the procedures step by step?
Liu Lin unbuttoned two buttons and felt a little hot:

"Well, we will discuss the fact that there are objections to this part later."

“In the first instance, after reviewing the opinions of both the prosecution and the defense, the Xincheng District Court of G City, Province C held that, first, Shi Hao’s criminal intention did not arise under the guidance of Youen Company; second, Shi Hao had illegal possession of others. The purpose of property; thirdly, Shi Hao committed an act of blackmail against Youen Company in the sense of criminal law.

Regarding the above three opinions of the Xincheng District Court, if the prosecutor and the defendant have any objections, they can express their opinions now. We will summarize them and focus on the discussion in the subsequent court hearings. "

Seeing Zhai Ming standing up opposite him, the outrageousness of this judge in Ren Zhen's heart became a little less.

Different from the first or second instance, although the retrial is in principle conducted according to the original first or second instance procedures, it will not go through all the steps from beginning to end like the general first or second instance.

Instead, the trial will focus on the reasons for the decision to retry and the areas in dispute between the prosecution and defense.

Only when necessary will a comprehensive review of the facts, evidence and applicable law found in the original judgment be conducted.

In other words, the trial of retrial cases must follow the principles of focused review and comprehensive review.

That's why Liu Lin repeated the facts found in the original judgment and the court's opinions, just to focus on the focus of the dispute.

The different trial method from most cases may also be one of the reasons why Liu Lin made a low-level mistake just now.

"As for the view in the original judgment that Shi Hao's criminal intent was not guided by Youen Company, the prosecutor currently holds an objection."

Di Ming's first words made several people on the trial bench and in the auditorium frown.

Shi Hao's criminal intention was not caused by the guidance of Youen Company, which sounds a bit confusing. To put it simply, it actually means that Shi Hao had criminal intention subjectively.

If there is any objection to this point, wouldn’t it mean that Shi Hao had no criminal intent?

Could it be that Di Ming made a mistake?
Why do you still have different opinions from us?

In the gallery, the two prosecutors were particularly suspicious of their ears.

"On this point, the Xincheng District Public Prosecution Court gave the opinion that Youen Company's contact with Shi Hao only provided an opportunity for Shi Hao to propose the 200 million he wanted, and did not create any criminal intent. Our court believes that the logic is wrong."

Without any concern for the face of his two colleagues, Di Ming turned over the pile of paper in his hand:
"As for the second and third points just mentioned by the presiding judge, Shihao had the purpose of illegally possessing other people's property, and Shihao committed blackmail in the sense of criminal law against Youen Company. Our court has no other opinions and approves it. .”

Di Ming nodded to several judges and ended his speech.

Although he had objections to one point, Zhai Ming simply elaborated on it.

We are just collecting controversies now, and it is not yet time to discuss dialectics in detail.

Di Ming sat down, and Ren Zhen stood up thoughtfully.

(End of this chapter)