As a Lawyer, You Sent the Judge In?

Chapter 133: The judgment is determined and the first instance judgment is overturned.

soon.….

 An hour has passed in a hurry since the adjournment was announced.

 With all the clerks rising.

　　Members of the collegial panel walked into the court hearing stage again.

During the adjournment stage, Wang Jianjun has finished sorting out the case.

  And the trial and general judgment have been determined.

Sitting on the bench of the presiding judge, Wang Jianjun looked around the court and spoke slowly:

“At present, the trial of Lin Haoxue’s second-instance verdict has been basically completed.”

“Prosecutor, can you please provide the complete process of the original DNA test report...?”

Facing Wang Jianjun’s question, Yan Xiang was silent for a few seconds, wondering whether he should submit it.

 Because once submitted...

 Then it may cause doubts because of this submission process.

 But if it is not submitted...then there is no possibility of the case being overturned.

 If the court finds that the law enforcement party was negligent...

 Then the influence on them is too great...

 Faced with this situation, Yan Shang didn’t know what to choose for a while.

 After hesitating for tens of seconds.

At this time, Wang Jianjun noticed Yan Xiang’s hesitation and continued to ask.

  But this time the tone of the inquiry was much more serious than the last time.

“Prosecutor, please answer the question.”

Facing Wang Jianjun’s inquiry, Yan Xiang thought of a clever idea to throw the blame away.

 “Presiding Judge.”

“As for the presiding judge’s question, I have no in-depth understanding of the DNA testing process and cannot give a reply in court…”

“Presiding judge, we apply to hand over relevant materials and evidence after the trial.”

Wang Jianjun:? ? ?

 How did you say this...?

 Submit evidence after court?

 Don’t you know that there is a certain timeliness to the submission of evidence in court trials?

 Let’s talk more…

 I have been the presiding judge for so many years, you don’t think I can see that, right...?

Wang Jianjun’s expression was calm, and he knew what Yan Xiang was thinking...

 It is nothing more than intending to use this argument to show that he has evidence and corresponding clues, so that he can take this into consideration when making his own judgment.

but.….

Wang Jianjun still said the same thing, judge how you want to be judged...

 The evidence that needs to be seen is the evidence in court. What’s the point of not seeing other evidence?

Even if he knew it, he could not judge the authenticity of the evidence, so it was equivalent to saying that Yan Xiang was playing a trick.

 Wang Jianjun doesn’t like this little cleverness too much.

 After frowning slightly, he banged the gavel.

　　咚咚!

“Since the accused was unable to provide evidence in court, according to the court trial rules, the evidence from legal sources cannot be verified, that is, the original DNA test report is judged to be invalid evidence.”

　　咚咚!

 “Does the accused have any comments…?”

When he heard the judgment, Yan Xiang was stunned for a moment.

 This...has determined...?

"Presiding judge, we have objections... We think this judgment is unreasonable. Our DNA test report is true, and we have proposed to submit corresponding process evidence after the court. Why should we judge our test report? Is it invalid evidence…?”

Hearing what Yan Xiang said, Wang Jianjun didn't want to give him any face.

  Don’t you know why the DNA test report is considered invalid evidence?

However, Wang Jianjun, as the presiding judge, still gave an explanation.

“According to Article 52 of the Criminal Procedure Law, the understanding and application of evidence collected in accordance with the law.”

“The litigant has questioned the source of your evidence, and it has a factual basis. You cannot prove the legality of the source of the evidence in court. Based on the above, it is determined that your evidence is invalid evidence.”

“If the accused has any factual basis that is inconsistent or believes that the judgment does not comply with any law, he can raise it in court, and the court may adopt it if it deems it reasonable.”

“The accused has objections to the above determination. Now please state the accused’s rebuttal.”

 Yan Xiangshang:…..

 State your counter-arguments…?

How to state this….

Yan rubbed his eyebrows upward, realizing that what he just said was too impulsive and left a bad impression on the presiding judge.

 The DNA test report is judged to be invalid. How do you say this judgment...

 From the subjective point of view of the presiding judge, it can be determined to be invalid, or of course it can be determined to be valid.

after all.….

The DNA test report is true.

 Whether it is forgery or not, the other party cannot produce strong evidence to prove it…

 Although, the other party proved the source of the blood marks on his body.

However, Lin Haoxue’s DNA did remain in the victim’s fingernails.

 This point is beyond doubt, and it is also the point that the other party needs to refute.

This DNA can come from other sources. Of course, if it is identified based on this, the facts identified as blood stains in the first instance will not be consistent.

But this is not the most important thing. The most important thing is that Lin Haoxue’s DNA remained in the victim’s fingernails. This is the factual basis.

If the other party cannot prove it with strong facts.

 This depends on the presiding judge's preference for the DNA report...

 So, he used a common trick to avoid this problem.

 But I didn’t expect that… I would get myself into a trap….

Wang Jianjun: Don’t show off your little thoughts.

 I have tried so many big cases, and I have seen many of your kind... Do you have any problem with your judgment?

 It’s reasonable and legal, no problems!

Wang Jianjun will severely punish such clever people!

 At the judgment seat.

Looking at Yan Xiangshang without speaking, Wang Jianjun’s expression was dull and he continued to ask:

“Can the accused provide factual basis to prove that the collegial panel has problems with this judgment?”

　　　　….

Yan Yan sighed and said, "President, we can't. We have no objections to the collegial panel's decision."

 Dong dong dong!

Wang Jianjun banged the gavel and said:

“The prosecution’s lawyer has no objections, so why did he raise a question just now…?”

　　咚咚!

“The prosecution’s lawyer disrupts and interferes with the progress of the trial process, give him a warning!”

 “Does the accused lawyer have any objection to this punishment?”

 Yan Xiang had trouble speaking out, and this was a clear punishment for him.

 But it’s reasonable, is he angry?

 Definitely angry.

 But there is nothing we can do about it...

　　He nodded silently: "Presiding Judge, we have no objection to this punishment."

　　咚!

Wang Jianjun nodded with satisfaction after banging the gavel.

 The next step is the court presentation stage….

　　咚!

“Do the parties to the lawsuit have any objections to the determination that the DNA evidence is invalid?”

  The prosecution was the first to answer: “No objection.”

Su Bai: "No objection."

 Yan Xiangshang: “No objection.”

　　咚咚!

“All parties to the litigation have no objection to this judgment. The collegial panel has roughly sorted out this case and confirmed the basic facts. Now the parties to the litigation are invited to make court statements.”

 “Invite the prosecution to make a statement.”

Hong Jiantu was listening to the court statement.

 Took a long breath.

 After finishing the presentation, you should be able to eat the melon...

 Based on the content of this lawsuit, the impact of this case is not small...

 Forged evidence, charged with the death penalty, and submitted an application for the death penalty. All parties, including the public prosecutor, the procuratorate, and the law, have the responsibility to supervise, but there were still such big mistakes.

 If it is approved by the Supreme People's Court.

 Then this influence... is simply incredible.

 In fact, someone had already contacted him before the trial.

Let him complain about this trial and try to uphold the first-instance judgment. After the second-instance trial is over, he will be rewarded.

Thinking of this, Kong Jiantu thought silently. Fortunately, he stuck to his bottom line as a public prosecutor and did not get involved...otherwise...

Kong Jiantu shook his head slightly, and then looked at the judgment seat.

“Presiding Judge, we give up our statement.”

 Be direct and don’t state it at all.

　　咚咚!

“The prosecutor has given up his statement, and now we ask the accused to make a statement.”

Yan Xiang knew clearly that after the case reached the presentation stage, the DNA test report evidence was determined to be invalid, and now the case has been lost.

 The most important thing now is to alleviate the fault that the other party accuses them of.

 After taking a deep breath.

 Yan began to make a statement:

“Presiding judge, our court statement is as follows:”

“We believe that the litigant accuses us of negligence. There is actually no strong evidence to support this view.”

“When law enforcement parties exercise their responsibilities, they consider many aspects of the issue.”

“It cannot be judged on a single surface whether it is at fault or not.”

“Presiding judge, we have finished our statement.”

Yan's statement was simple and clear, without any unnecessary nonsense.

 There is only one purpose for saying this.

That is—President judge, don’t just judge our law enforcement side as being at fault, there are other parties.

 Just because the other party has not filed a complaint does not mean that it should not be taken into consideration.

Yan Shangshang lowered his gaze to Wang Jianjun's face, hoping to see the outcome of the verdict from his face.

Unfortunately, there was no emotional change on Wang Jianjun's face, leaving Yan Shang unable to figure it out at all.

　　咚咚!

“The law enforcement party has completed its statement, now the parties are invited to make a statement.”

 After hearing the voice of the presiding judge, Lin Haoxue spoke:

 “President, I have nothing to say.”

 “I just hope that the law can give me a fair sentence”

 “Presiding Judge, I’ve finished…”

　　咚!

“After the party has made its statement, does its attorney have anything to add?”

 “There is a chief judge.”

  “Ask the attorney of the party to make supplements.”

　　　　　　　　　　　　　　　　　　　　　　　　　　‖

Su Bai nodded and continued:

“My supplement is to state that the law enforcement parties are not at fault…”

“I think this statement from the law enforcement side is inappropriate…”

“First of all, the law enforcement side handed over Lin Haoxue to the prosecutor before confirming the truth of the evidence. Secondly, the law enforcement side seriously deviated from the procedures and serious problems arose.”

"If there was no investigation into Lin Haoxue's testimony, how could Lin Haoxue be accused of assaulting women and committing murder after committing the crime...?"

“How could I be imprisoned for six years as an 18-year-old who just became an adult and miss out on my life?”

“You must know that this case was initially charged with the death penalty, and an approval application was submitted to the Supreme Court.”

“If it is approved, then for Lin Haoxue it will not be that he has missed six years of his life, but that he will have no life at all.”

“Every unjust, false or wrongful conviction is a huge blow to the credibility of the verdict.”

“If the law enforcement parties verify the evidence, do not violate the rules, and do not deviate from the procedures, then there will be no unjust, false or wrongful convictions this time.”

“Based on the above, we believe that the accused committed serious negligence and wrongful conduct, and must publicly apologize and compensate us!”

 ….…

After Su Bai finished his statement, outside the court hearing, there was a comment area for the live broadcast of the trial.

"That's right, that's very good. If the law enforcement party had no fault, then this unjust, false and wrong case would never have happened. Now that it has been missed, what's the point? Just admit your mistake honestly and that's it!"

"Just admit your mistake and be done with it? Brother upstairs, have you forgotten what the crime you were accused of at the beginning was? The crime you were accused of at the beginning was the death penalty! If it hadn't been rejected by the Supreme Court, then now... can this be recognized? Is the accused committing murder intentionally?”

"There is indeed a suspicion of intentionality in this regard, but... one thing is that for the accusation of death penalty, isn't that the responsibility of the prosecutor? It doesn't seem to have much to do with the accused, right?"

"Yes! So the prosecutor's lawyer is very smart. He didn't say a word during the whole process, and he didn't say a word about subjectivity. The whole scene was, yes, yes, yes, yes, yes. He sat on the prosecutor's seat honestly, and he was in the same aggressive state as before. It’s completely different, with an attitude of completely listening to the judgment of the presiding judge.”

“Hahaha! When you said that, I suddenly understood why the prosecutor didn’t speak. Is this because he was afraid that Lawyer Su would point the finger at the prosecutor?”

"Indeed! After hearing the explanations from the big guys, I realized that this is the reason why the public prosecutor did not speak!"

 “Hahaha! Absolutely amazing!”

  “.….…”

  The comment area was filled with heated discussions regarding Yu Su Bai’s court statement.

 At the same time.

 In the court hearing room.

Wang Jianjun looked at Zhou Yun and Zhu Chaoyang after listening to the court statements from all parties.

Zhou Yun and Zhu Chaoyang nodded slightly and agreed.

Seeing this, Wang Jianjun banged the gavel.

　　咚咚!

“The statements made by each party to the court have been understood by the members of the collegial panel.”

“We are now ready to announce the verdict.”

　　咚!

Wang Jianjun banged the gavel.

Clerk: "Everyone stand up! Please ask the presiding judge to announce the verdict!"

                                       .

At the court hearing, everyone stood up. Wang Jianjun held the verdict and began to read out the verdict.

“The cause of this case: The litigant was dissatisfied and defended Lin Manhao’s application for annulment of the first-instance judgment. He also determined that the accused department was at fault in exercising its responsibilities and applied for a public apology.”

“This court has jurisdiction over this case, and all applicable laws shall be in accordance with domestic laws.”

“The verdict is announced below:”

“According to the decision of the collegial panel, the litigant applied to revoke the first-instance judgment of Lin Haoxue’s case and defended his innocence. The current verdict is as follows:”

“In response to the revocation of the first-instance Jiangdu Intermediate Court judgment of Lin Haoxue.”

“The current court of second instance, Jiangdu High Court, has determined that:”

“According to the Criminal Procedure Law, the understanding and scope of the provisions of Article 50 and the applicable regulations and the scope of application of the regulations of Article 55 of light confession and heavy emphasis on evidence:”

“The facts found in the first-instance judgment were inconsistent with the facts.”

 “The key points are as follows:”

“First: There are major differences between Lin Haoxue’s confession and the evidence submitted by law enforcement.”

“Second: Lin Haoxue’s oral confession has been repeated and has not yet been judged. The judgment was made without confirming the facts, which does not comply with the corresponding judgment process.”

“Third: The relevant departments did not listen to Lin Haoxue’s testimony, which is a serious violation. Lin Haoxue provided factual basis and determined that the DNA test report was invalid as the main evidence of the first instance.”

“Fourth: The litigant submitted evidence regarding the source of the blood marks on Lin Haoxue’s chest identified in the first instance, thereby refuting the source of the blood marks identified in the first instance, and determining that the identification in the first instance was wrong.”

 “Fifth:.….….”

Wang Jianjun listed several matters that were found to be inconsistent with the facts.

 After the enumeration was completed, Wei Wei raised his head and looked at the parties' seats.

“Based on the above, it is determined that the first-instance judgment lacks factual basis, legal basis and factual identification.”

“The judgment of the second instance shall be revoked and the judgment of the first instance shall be revoked.”

“Lin Haoxue was found not guilty and released in court!”

“At the same time, determine the amount of state compensation applied for by the litigant!”

“Determining that the law enforcement party has committed negligent behavior against the litigant.”

“The court determined that the law enforcement party did not determine the facts based on the conditions of the crime, the purpose of the crime, and other factual basis and handed it over to the prosecutor, and it was indeed negligent.”

“It is judged that the relevant law enforcement units at that time issued a public apology to Lin Haoxue!”

“According to the provisions of my country’s Procedural Law, if the parties to the litigation are mistaken in determining the facts or making the judgment incorrectly, they may submit a review and supervision request to the relevant department after the court is closed, or submit a request for retrial to the higher court.”

“The judgment will be issued to all parties to the litigation within fifteen days of the close of court.”

　　咚!

  The dull sound of the gavel echoed throughout the court hearing.

 Breaking the silence in the court hearing just now.

 When the presiding judge announced the verdict just now.

The whole place was silent, without a sound, everyone wanted to know what the final verdict was.

　Today.

 At the moment when the verdict is announced.

 The various litigants, parties or relatives at the court hearing had different reactions.

Lin Haoxue and Li Xiangfang, who were sitting at the table with their family members, cried with joy. What they were crying about was the difficulty of the past six years.

 After six years of persistence, he finally received a just trial in court and was acquitted.

Kong Jiantu in the prosecutor's seat breathed a sigh of relief. The trial was over and he no longer had to worry about anything else.

Yan Xiangxiang, who was sitting on the prosecutor's seat, frowned and didn't know what he was thinking.

 However, it can be clearly seen that the eyes are full of worry about the outcome of the court verdict.

 Su Bai and Li Xuezhen, who were on the litigants' seats, behaved differently.

Su Bai breathed a sigh of relief. After the verdict of this case came out, there was no big problem.

 It can be regarded as solving a troublesome case.

 The decision has been made, it’s easy!

Li Xuezhen, on the other hand, has a happy face and bright eyes.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　 reference

 Won the lawsuit.

 There is evidence to submit for supervisory review.

  +1+1+1+1+1+1.….

 Happy….

 PS: Please give me a monthly ticket~

 (End of this chapter)