As a Lawyer, You Sent the Judge In?
Chapter 299: It was determined that the criminal facts were established, Xiao Li said:
Chapter 299: The criminal facts were determined to be established, Xiao Li: Verdict!
Facing Su Bai, he asked several key questions.
He and Wu Hao looked at him for help.
Sun Shiyan looked down at the litigation materials in front of him without making any sign.
It’s not that he doesn’t know how to answer, it’s that he can’t answer.
This is also the default rule for criminal lawyers in court.
At the court hearing.
Whether it is the presiding judge, prosecutor or prosecution, ask about the details of the case.
Especially ask about the behavior of the defendant or relatives of the defendant related to the case.
All this needs to be answered by the defendant or his relatives.
certainly.…
Can he gesture or answer?
Can!
Just be mentally prepared to have your lawyer's license revoked and be imprisoned for several months.
With these two preconditions, you can answer.
Because the behavior of the defendant or the defendant's relatives is their own will.
Lawyers cannot provide answers.
You have now answered the question, and your explanation at the trial was very reasonable and accurate.
However, if the prosecution conducts a subsequent review, the defendant or the defendant’s relatives will not explain it this way.
So what do lawyers do?
Faced with this kind of thing, the prosecutor can prosecute for perjury.
This is the key point that criminal lawyers cannot answer in some cases.
After seeing Sun Shiyan lower his head.
Wu Hao didn’t know how to answer this question.
Simply remained silent.
Facing this situation, the presiding judge Yu Cheng banged the gavel on the bench.
The case has reached this stage...
It can be said that both parties have made a general defense.
The point of contention has become clear.
The rest just needs to be sorted out by him as the presiding judge.
Yu Cheng looked at the witness seat. Geng Hao was attending the trial this time as a witness.
In judicial regulations, criminal suspects have the right to attend court trials as witnesses.
Withdrawing his gaze, Yu Cheng slowly spoke:
“Now let’s supplement the matters related to the defense.”
“Witness Geng Hao.…”
“Now the collegial panel is questioning you, please cooperate.”
“Okay, presiding judge, I will cooperate.”
Geng Hao took a deep breath, nodded in agreement, and heard Yu Cheng's question again.
“In Wu Hao’s case, how did you determine during the initial review that the relationship between Wu Hao and Zhang Yan was Wu Hao’s forced behavior?”
Facing the presiding judge’s inquiry, Geng Hao spoke without hesitation:
“Presiding Judge.…”
“I am sure that the relationship between Wu Hao and Zhang Yan was Wu Hao’s act of forcing Zhang Yan, and it came from the review of the case at that time.”
“After the case occurred, a case was filed, and as the person in charge of the case, I also launched an investigation as soon as possible.”
“Wu Ye found me during the investigation at that time. I wanted to find out whether this case was a **** and whether there was any misunderstanding.”
"In other words - figure out whether this case is a false accusation made by Zhang Yan, or whether there is another hidden reason."
“Specially asked about the relevant details of Wu Hao’s case.”
“The situation described by Wu Hao at that time was the same as what Zhang Yan recorded in his notes.”
“Include some details of what happened.”
“I remember one thing particularly clearly—
Wu Hao said that he personally likes Zhang Yan very much and has wanted to have a relationship with Zhang Yan for a long time. "
“It’s just that there has never been a chance...”
“This time I got drunk and took Zhang Yan to the hotel to have sex, which is what he has wanted to do for a long time.”
"I asked him at that time how he dared to do such a thing at his age."
“He said that he was confused at the time and was too impulsive. He thought there was nothing wrong, and then he did it.”
“The performance is quite pitiful.”
Yu Cheng said: "Besides you, does anyone else know about this matter?"
"some."
“Wu Hao’s incident was because Wu Ye personally came to my house to look for me, so everyone in my family also knew about it.”
“The public prosecutor should know this because the public prosecutor also understood and investigated the matter at that time.”
Yu Cheng turned to look at the prosecutor for confirmation: "Has the statement of the witness just been confirmed?"
Li Xiao nodded: “It’s confirmed, it’s basically consistent with what the witness described.
The witness’s wife had some knowledge about Wu Hao forcing Zhang Yan to have sex. "
"OK."
After getting the confirmed facts, Yu Cheng turned to the witness seat.
“Does the witness have anything else to add?”
“No, that’s all I know.”
After finishing his statement, Geng Hao looked up at the presiding judge's seat.
This time, he was mentally prepared to fully cooperate with the presiding judge and the prosecutor when he appeared in court.
So he stated everything he knew about the situation.
At the judgment seat.
After listening to Geng Hao’s statement, Yu Cheng continued to ask:
“Is there any evidence to support your above statement?”
“Yes, the presiding judge.”
“I have a recording of the call with Wu Ye.”
“Recording? What is it about?”
“It was a recording of a phone call between me and Wu Ye about Wu Hao committing a crime, how to get rid of the crime, and how to get Zhang Yan and her family to withdraw the case.”
“Then when did you record this recording? Under what circumstances was it recorded?”
“The recording was recorded when we were talking, and the middle part is the normal conversation between the two of us.”
“I was willing to agree to Wu Ye at that time, mainly because Wu Ye could help me find connections.
I was afraid that he would regret it after this incident, so I kept the recording and got some evidence.
If anything happens, it will be easier to do things if he has a handle. "
….”
This Geng Hao is very thoughtful!
Unexpectedly, there was still evidence of correlation left at that time.
However, now that there is evidence, indirect evidence proving objectivity exists.
The current verdict of this case is already very clear.
The case can be declared not guilty after collaborating with two other members of the collegial panel to discuss the case.
Thinking of this, Yu Cheng banged the gavel:
“The trial has reached this point, and some content still needs to be discussed.” “Adjourn the hearing!”
“The adjournment is over and the trial will continue.”
The scene and all parties felt very clear when they heard the presiding judge adjourned the court.
This time the court was adjourned to discuss whether Wu Hao should be found guilty or not.
only.…
Wu Hao, who was sitting at the defendant's seat, was not too impressed by this.
I still firmly believe that Lawyer Sun can solve this problem.
.
….
In the collegial court discussion room.
Yu Cheng, as the presiding judge, and the other two judges are discussing the verdict against Wu Hao.
Before that.…
As members of the collegial panel, the three of them have learned the relevant evidence.
I have made a rough decision in my mind regarding this court session after the postponement of the trial.
After the pleadings of all parties in the court hearing.
What they need to determine now is whether there is any conflict between their ideas.
Yu Cheng was the first to speak: "We also discussed this case during the last court hearing."
“Adjourn the trial to allow the prosecution to add evidence.”
“Now we have learned from the supplementary evidence that the focus of the defense argument between the prosecution and the defendant is mainly on whether there is coercion.”
“What we are discussing now is whether Geng Hao’s confession and his recording can be used as indirect evidence to accuse Wu Hao of coercion.”
“Lao Bai, Lao Chen, what do you two think?”
Lao Bai, as one of the judges in this case, has a simple view.
“Lao Yu.…”
“To be honest, I just want to ask a question right now.
Putting aside the evidence for the moment, do you personally think Wu Hao forced Zhang Yan to have sex? "
Yu Cheng was silent for a few seconds: “It is impossible to ignore the evidence and talk about reality.
But from my personal point of view, this situation has a high possibility. "
Lao Bai smiled: "Look, from a personal point of view, you think Wu Hao forced Zhang Yan to have a relationship."
“What does that mean?”
“It shows that in this case, all the evidence and suspicion point to Wu Hao forcing Zhang Yan to have sex.”
“You must know that Zhang Yan was a minor when she was violated!”
“Although Wu Hao has just come of age, he is also an adult in terms of legal obligations.”
“If we don’t have objective evidence to point to Wu Hao’s guilt, then we certainly cannot convict Wu Hao…”
“But now that there is objective indirect evidence, there is no problem in convicting Wu Hao.”
Besides, Lao Chen also nodded and said: "I agree with Lao Bai's statement."
Yu Cheng nodded slightly when he heard what the other two judges said.
"Um!"
"OK!"
.
….
soon.…
The adjournment is over and the trial continues.
On the bench, Yu Cheng said: "The trial will continue."
“Now the key point of the defense in this trial is whether the relationship between Wu Hao and Zhang Yan is a forced act.”
“Make a judgment.”
“Do the parties have anything else to say?”
Su Bai took a deep breath: "No."
Li Xiao: “No.”
Sun Shiyan paused for a few seconds: "The chief judge..."
“I want to make a point.”
“Is there anything else the defendant’s attorney needs to state?”
“What I want to state is—about determining whether it is forced.”
“It can be shown from indirect evidence that although this can be determined legally, there will still be some unexpected circumstances.”
"For example - there may be a certain possibility of misjudgment, but we still believe that certain events need to be judged based on direct evidence."
“The above is our point of view.”
"Um!"
Yu Cheng nodded lightly, completely ignoring what the defendant’s lawyer said.
Bang the gavel.
“All parties have already stated whether the relationship between Wu Hao and Zhang Yan is a forced act.”
“The judgment is now announced.”
“The relevant indirect evidence involved in this case has corresponding subjectivity and objectivity.”
“Especially the witness’s confession, based on objective facts, directly confirmed Wu Hao’s forced behavior.”
“That is, the court determined that Wu Hao’s relationship with Zhang Yan was forced behavior!”
Dong dong dong!
The gavel fell, and the dull sound spread throughout the court hearing.
also hit Wu Hao’s heart directly.
? ? ?
what happend? !
Although he doesn’t know much about the law, this judgment...
He can understand it too!
Doesn't this mean he was sentenced to force Zhang Yan to have sex? !
No...Didn’t Lawyer Sun say that even if the trial of this case was postponed and opened again, he would be found not guilty?
What's the situation now?
Wu Hao turned his head and focused his attention on Sun Shiyan.
Sun Shiyan’s expression was dull, without any change.
He previously thought that even if the case were to be tried again, Wu Hao would be found not guilty.
But.…
According to the witnesses' statements, it is obvious that Wu Hao is being held accountable.
In this case, what can he do if the court decides?
There is absolutely no way! .
….
at the same time.
At the prosecution's seat.
Li Xuezhen’s face was filled with joy, now that Wu Hao’s crime had been confirmed and explained.
Involves minors.…
There is an act of forcing the organization to take action.
In addition, it objectively led to Zhang Yan’s suicide.
This point will not be judged legally.
However, if the presiding judge pays attention to this point, he can put a slight emphasis on the sentence.
With all the conditions added together, he will be sentenced to at least five years in prison!
Generally speaking, forcing a woman to have **** is punishable by imprisonment for not less than three years but not more than ten years.
Wu Hao’s behavior is bad and should not be punished? !
…
Ps: Please give me a monthly pass~
(End of this chapter)
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