As a Lawyer, You Sent the Judge In?
Chapter 374: The verdict is the verdict, no matter what you say, it doesn’t matter.
Chapter 374 The verdict is the verdict, no matter what you say, there is no other use!
At present, the judgment on Wang Fang is very clear, although Zhang Liang has been holding on to direct evidence.
However, based on indirect evidence and oral confessions, it is possible to conclude that Wang Fang was derelict in his duties.
Based on the current situation, it is basically possible to refute the statements made by the defendant and the lawyer appointed by the defendant.
No direct evidence?
What direct evidence is needed for this determination?
No need at all!
And this determination does not violate the provisions of the law.
Li Qingyuan looked at the defendant’s seat at the trial table:
“The defendant, based on indirect accusations and relevant factual evidence, has been able to prove that you have committed malfeasance.”
“Do you have anything to say?”
At the defendant's seat, Wang Fang frowned slightly.
According to the indirect accusation, are there relevant facts that can prove her dereliction of duty?
What kind of malfeasance?
When she was examining criminal suspects, she used illegal means, but she never left any evidence.
How can he be found guilty of dereliction of duty without such evidence?
As for the expression.
Wang Fang didn’t know how to express this issue.
But she knew very well that she could not admit guilt.
And Zhang Liang had already told her before that she would not be allowed to plead guilty.
For those who listen to the lawyer, just resolutely not plead guilty.
To be honest...if this case hadn't been so hot.
Wang Fang didn’t think she would sit in the defendant’s seat today.
In response to the presiding judge’s question, Wang Fang only expressed her view of innocence:
“I did not perform any forced behavior on Xu Xingwang. I don’t know why he accused me like this.”
“I just submitted the situation to the prosecutor, and the prosecutor handed it over to the court, and the court gave the verdict.”
"Whether or not to be sentenced, how to be sentenced, how many years to be sentenced, what does it have to do with me?"
“None of this has anything to do with me.”
“Xu Xingwang kept saying that I forced him, and how did I force him, but where is the evidence?”
“You can’t accuse me without evidence.”
“My point is that I didn’t do any of these things.”
“Presiding judge, what you said proves that I didn’t do the review properly during the review. I may agree.”
“But I firmly disagree that I forced Xu Xingwang.”
Wang Fang spread his hands and shrugged, with an indifferent expression on his face.
Looking like a rogue, it shows that you can't accuse me of a crime without direct evidence.
Xu Xingwang was in a bad state after seeing this scene. He was sentenced to 23 years in prison.
Furthermore, Wang Fang forced him to serve 23 years in prison.
What is Wang Fang’s attitude now?
The attitude is that it doesn’t matter!
The attitude is that he doesn't care about his injustice at all, as if it is a small matter.
For Wang Fang, it is indeed a small thing, but what about him?
Twenty-three years!
He spent the entire 23 years in prison!
However, Xu Xingwang was very angry about Wang Fang's attitude and did not say anything more in the court hearing.
At this moment, I am extremely hopeful that Wang Fang can be sentenced.
Let this person receive the punishment he deserves!
Wang Fang on the other side seemed to have noticed Xu Xingwang's gaze, and turned to look at Xu Xingwang.
It's just...I could clearly see Xu Xingwang's angry attitude, so I didn't pay too much attention to it.
.
….
At the court hearing table.
Faced with Wang Fang's indifferent attitude, Li Qingyuan didn't say much.
Based on the current situation, Wang Fang is worthy of cooperating with the trial or not.
The trial can continue.
As for Wang Fang’s inquiry, we are just following the relevant court procedures.
Li Qingyuan continued to ask:
“Defendant, you said that you did not commit any act of coercion, but you were the one who reviewed and handled Xu Xingwang’s case back then.”
“You are also responsible for Xu Xingwang’s confession.”
“Now that Xu Xingwang’s innocence has been proven, how do you explain Xu Xingwang’s confession or how do you explain Xu Xingwang’s original confession and punishment?”
how to explain?
Wang Fang couldn’t answer this question at all.
But she didn't think about replying from the front.
Wang Fang said: "President, I can't explain this, and I don't know why he pleaded guilty and accepted the punishment."
“I really can’t answer this question from the presiding judge.”
Wang Fang’s attitude is completely a show-off attitude.
how to say.…
That’s up to you to ask, but I just don’t admit my own persecution.
The whole thing is an act of refusing to admit guilt and showing off.
If you have the ability, please bring out direct evidence to accuse me or judge me.
If you don’t, then I don’t plead guilty and I don’t accept punishment. Whatever you say, I will talk about other things.
In this case, Li Qingyuan did not continue to ask because there was no need to ask.
Originally, he wanted to achieve further affirmation by asking Wang Fang.
But what is the situation now?
The current situation is that Wang Fang refuses to cooperate.
What should I do if I refuse to cooperate?
If you refuse to cooperate, will the trial process not proceed?
That’s not the case.
Wang Fang couldn't explain the question he just asked.
In response to this situation, there are Xu Xingwang’s confessions and the confessions of his colleagues, and there is indirect evidence to prove that Wang Fang has coerced a confession.
So in this case, a complete chain of evidence has been formed, so what if there is no direct evidence?
It can be judged as dereliction of duty even without direct evidence!
Each crime involves different circumstances, so the corresponding punishment methods are also different.
Not all evidence requires direct evidence. As long as the evidence chain is complete, the judgment can be made.
"OK."
Li Qingyuan nodded, did not continue to ask, and then began to judge:
“Based on the above defense, the questioning of defendant Wang Fang and Wang Fang’s own reply.”
“The collegial panel will now decide whether the defendant Wang Fang is involved in dereliction of duty.”
“Based on the testimony of Xu Xingwang, the accuser and victim in this case, and the testimony of Wang Fang’s colleagues who were involved in the case at the time.”
“Combined with indirect evidence and objective facts.”
“The collegial panel determined that Wang Fang engaged in coercion against Xu Xingwang!”
“Suspected of malfeasance in office!”
“Does any party have any objections to the above determination?”
After Li Qingyuan stated the result of the judgment, Wang Fang was stunned for a moment in the defendant's seat.
Convict her of dereliction of duty?
No, the entrusting lawyer had previously communicated with her, saying that her case did not constitute a crime at all before, and at most it would result in a certain administrative penalty.
But now it is directly judged as malfeasance? Wang Fang turned his attention to the defendant's attorney's seat, and Zhang Liang expressed dissatisfaction with the verdict.
Hand up to indicate.
“Presiding judge, we have objections!”
“What objections does the defendant have to the lawyer he entrusted?” Li Qingyuan turned around and asked.
“We think there is something wrong with this judgment.”
“The specific issue is that according to Article 55 of the Evidence Law, in criminal cases, emphasis should be placed on evidence and less on confessions.”
“We believe that the judgment of Wang Fang should be based on direct evidence.”
“Instead of judging based on oral confession.”
“The judge’s decision is entirely based on the judgment that favors oral confession.”
“We think this judgment is somewhat unreasonable.”
“In this case, there is no direct evidence to prove that Wang Fang used his position to force others to act, so the application is dismissed.”
Li Qingyuan was sitting on the bench, looking down at the litigation materials and preparing to enter the next step of the court process.
After hearing Zhang Liang’s words, he raised his head slightly and replied:
“The lawyer appointed by the defendant believes that it is unreasonable to make a judgment based on the oral confession.”
“The specific statutory regulation is Article 55 of the Criminal Procedure Law, right?”
"right."
Zhang Liang nodded, and then heard Li Qingyuan speak:
“But Article 55 of the Criminal Procedure Law emphasizes evidence and despises confessions.”
“It does not mean that ignoring the confession will have any impact on the judgment of the case.”
“Wang Fang’s judgment was based on objective facts and supporting evidence.”
“Whether a case needs to be based on direct evidence depends on the collegial panel’s decision on the relevant circumstances of the case and the specific circumstances of the case.”
“As long as the crime has complete physical evidence and a complete chain of evidence, the crime can be judged in accordance with the law.”
“I don’t know what the defendant’s lawyer stated, but for this case, relying solely on Article 55 of the Criminal Procedure Law is not enough to overturn the judgment of the case.”
“There is already a complete chain of evidence for the determination of this case, so the statement of the defendant’s attorney is rejected.”
….”
Facing the presiding judge’s well-founded reply, Zhang Liang didn’t know how to answer or refute for a moment.
Because the presiding judge’s reply has a reasonable factual basis,
How to refute?
Can't refute it at all.
On the contrary, Wang Fang had a violent reaction in the defendant's seat:
“According to the law, evidence is important. Where is the evidence? What evidence is there to accuse me?”
"Presiding judge, you believe the confessions of Xu Xingwang and others, but there is no other evidence. You want to judge me without other evidence."
“I don’t accept this.”
“My confession also said that I did not perform any coercion on Xu Xingwang.”
“Presiding Judge, why don’t you listen to my confession?”
At the presiding judge's seat, Xu Qingyuan glanced at Wang Fang. This matter was not a question of whether Wang Fang accepted it or not.
But now that the judgment has been made, the defendant or the lawyer appointed by the defendant can state any objections and he can fully accept it.
Even in court, he cannot overturn the judgment, but he can adjourn the case.
Adjourn the court for deliberations.
However, statements that have no legal basis or factual basis shall be rejected.
This is completely unacceptable.
Why not listen to Wang Fang’s confession?
Because Wang Fang’s confession has no factual basis as a supporting point, it cannot be adopted.
Xu Xingwang’s confession was adopted because it was supported by factual evidence.
Facing Wang Fang, she kept shouting at the trial that she would not accept the verdict.
Li Qingyuan asked Wang Fang many times and did not accept the reasons for the judgment.
Wang Fang only said one sentence. She had never committed such an act. Xu Xingwang's confession was all nonsense. He was jealous of her reputation as a detective and wanted to drag her into trouble.
This is meaningless. There is no legal basis, and Li Qingyuan will definitely not change the relevant judgment.
The court hearing fell into a certain amount of chaos.
Outside the court hearing, in the public live broadcast room, many viewers watched the entire court hearing.
“Huh…after seeing this case, I already have an accurate answer in my heart.”
“Wang Fang’s detective character is definitely on the verge of overturning, but I have a little doubt about this case.”
“That’s this case. The lawyer entrusted by the defendant said that evidence should be valued over confession. I have heard this legal regulation many times.”
“Can someone explain to me whether the lawyer appointed by the defendant in this case is correct?”
Someone in the live broadcast room quickly gave the answer:
“The defendant’s lawyer is right.”
"And basically there is no big problem. According to the relevant provisions of the procedural law, it is indeed necessary to emphasize evidence and despise oral confession."
“But there is one thing that needs to be made clear.”
“That is in which cases it is necessary to emphasize evidence and despise confessions.”
“This is conditional!”
“Specific legal regulations will have different manifestations in court trials. In this case, it is not really a heavy emphasis on oral confessions, but a combination of oral confessions and objective factual conditions.”
“If it can be proven that the confession is true and valid, then the confession can be repeated.”
“To put it bluntly, everything needs to be based on the relevant scenarios, and the collegial panel will apply the law according to these scenarios.”
“The presiding judge has explained it very clearly just now.”
“I won’t elaborate too much here. Anyway, I don’t think there is much problem with this judgment (the information from insiders is true and reliable).”
After seeing the relevant responses, the netizen who asked the question replied that he understood, and then focused on the court hearing.
At the court hearing, Wang Fang still could not accept the reality that she had been found guilty.
After the trial was temporarily chaotic for a period of time, Li Qingyuan banged the hammer heavily:
“Defendant, please pay attention to your image in the courtroom. Don’t forget what your original image was!”
“Have you ever forced Xu Xingwang or other people involved in the case? Don’t you know clearly?”
“If the defendant interferes with the order of the trial in a retrial, it can only extend the time of the trial, but cannot change the outcome of the trial.”
“Defendant, please pay attention!”
Facing the severe warning from the presiding judge, Wang Fang stopped disrupting the trial.
The whole process lasted about ten minutes.
Although Wang Fang is unwilling to do so, judging from Zhang Liang's current performance, it is true that he cannot produce any other strong refuting evidence.
Her rebuttal and disrupting the order of the trial had no effect.
There is no choice but to accept this judgment temporarily.
After the order in the court was restored, Li Qingyuan took a deep breath and prepared for the next step of the court process.
At present, Wang Fang’s dereliction of duty has been determined.
The next thing involved is very simple, the only remaining issue is the sentence! .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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