As a Lawyer, You Sent the Judge In? (Strong Wind And Thick Fog) - Chapter 470
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- As a Lawyer, You Sent the Judge In? (Strong Wind And Thick Fog)
- Chapter 470 - Getting to the core issue, the defendant panicked and began to worry
Chapter 470: Getting to the core issue, the defendant panicked and became anxious!
Su Bai wanted to wait until the second trial was over, not because the case couldn’t be handled.
It’s just that it’s difficult to handle this case before going to court.
Because this case requires a new sentencing for the criminal Xie An.
And sort out some specific issues regarding the criminal Xie An and the criminal investigation process.
These circumstances, under the existing conditions, required Su Bai to question the criminal investigation process of the law enforcement and prosecutorial departments.
It is obviously not okay to question the criminal investigation process of law enforcement and prosecutorial departments.
Because Su Bai only had the right to doubt but no substantial evidence.
It is impossible for these two departments to re-examine the case because of Su Bai’s right to doubt.
Another point is that Su Bai needs to go through a court trial to confirm his suspicions and conjectures.
So it can only be confirmed through court hearings, and opinions agreed with the court can be put forward.
Then let the law enforcement and prosecutorial departments conduct further investigation on the supplementary content.
That is to say, it is equivalent to retrial after the judgment is completed, or adjourning the trial to supplement evidence.
Overall, the issues and processes involved in this case are complex.
…
This case seems simple, but it is far more complicated than Su Bai thought.
On the other side, after Su Bai notified Liu Xuezhi not to agree to Xie Lirong’s custody conditions.
Liu Xuezhi directly rejected Xie Lirong and asked them to give her 200,000 yuan in exchange for custody rights.
After being rejected, Xie Lirong and Liang Xinglong were very angry about this matter.
Xie Lirong thought that the other party did not care about the custody rights at all.
She even thought about abandoning her and Liu Xuewei’s child.
However, Liang Xinglong didn’t think so. Liang Xinglong thought that maybe there wasn’t enough time.
As long as they hold on to the two hundred thousand dollars and don’t let go, if they wait for a while, the other party will definitely not be able to bear it anymore.
Xie Lirong agreed with Liang Xinglong’s view because she didn’t have much affection for her and Liu Zhiwei’s children.
Taking care of children, especially young children, can be tiring and stressful.
He simply left the child to his mother and told him that as long as he didn’t starve to death, that would be fine.
It doesn’t need to be taken care of too carefully.
This also led to Liu Xuewei’s children suffering a certain amount of torture at a very young age.
Liu Hengjun learned about the child’s current situation and wanted to take the child over.
It also made it clear that the custody rights are still in Xie Lirong’s hands.
Just take it and raise it for a while.
But.…
This proposal was directly rejected by Xie Lirong, who also said that if Liu Hengjun wanted a child, he could only pay for it.
Those who don’t pay can’t see the child, and the price has been increased to 250,000, not even a penny less.
This situation now makes Liu Hengjun very helpless. He wanted to pay but was stopped by Liu Xuezhi.
“Dad…it won’t be long before the second trial begins.”
“Just hold on for a few days.”
“OK?”
“Otherwise, if you give them 250,000 yuan, they will raise the price again.”
“I know you feel sorry for my brother’s child, and I feel sorry for him too.”
“But the other party is a bottomless pit, and it’s not good for my brother’s children.”
“It’s better to keep this money for my brother’s children…”
Hearing Liu Xuezhi’s plans for the future, Liu Hengjun was a little worried, but he still nodded.
“I hope Lawyer Su can help our family and your brother this time to seek justice.”
“I will definitely do it, believe Lawyer Su.” Liu Xuezhi said with certainty.
.
….
The second trial was held. The case itself had a certain degree of popularity in the local area and was spread by word of mouth among many people.
There are also many untrue rumors spread.
After all, three people became tigers, and the essence and authenticity of the matter slowly changed as the story spread.
In the process.
There are many bizarre versions. For example, some people say that Liu Xuewei was killed by his father-in-law because he beat his wife severely.
Some people said that the father-in-law’s family was too aggressive and bullied others and accidentally killed him.
But more, I learned about the husband-wife relationship between Liu Xuewei and Xie Lirong.
People who knew about Xie Lirong’s family situation also came out with a rather outrageous statement.
That is, the father-in-law deliberately killed people for money.
In short, local people have many opinions about this case.
Su Bai also applied for a public hearing on the case. The Sichuan Provincial High Court believed that the circumstances involved in the case were relatively bad.
At the same time, in order to achieve the purpose of legal openness and fairness, we agreed to Su Bai’s request.
.
….
Sichuan Provincial High Court.
After the hearing, all parties enter the court.
This trial was attended by not only the prosecutor, the victim, and the defendant.
At the same time, law enforcement agencies also appeared in court at Su Bai’s request.
In addition, Xie Lirong, who was involved in this case, also appeared in court.
At the bench, Hu Yuxiang is the presiding judge of this trial.
Before the trial, have a general discussion about the case with the judge and members of the refereeing committee.
The main content of the discussion was the main issue regarding the sentence in this case.
Based on the existing evidence, it is unanimously believed that a suspended death sentence is relatively reasonable.
Also discussed is what kind of views Su Bai, as the victim’s lawyer in this case, will put forward at the trial.
From what angle will you approach the defense of this case?
For these, what members of the collegial panel need to consider is if Su Bai raises relatively tricky legal issues during the trial.
How they need to solve and respond.
After all, Su Bai’s short videos and criminal activities are known to all courts across the country, not to mention.
At least in the criminal field, most presiding judges and judges have heard of this person.
Also learned about Su Bai’s achievements in criminal trials.
In this case, Su Bai proposed in the letter of entrustment that he believed that the defendant’s sentence was too light.
But the defendant has the conditions for reconciliation and understanding, and there is also a situation where he surrenders.
From this point of view, there is not much problem in determining a suspended death sentence.
Hence, the lawyer entrusted by the victim argued that the sentence was too light.
Hu Yuxiang believed during the discussion of the referee committee that what was proposed did not have a very legal basis.
Of course…the specific situation still depends on how Su Bai behaves and expresses himself in court.
After all, this is a criminal lawyer who is well-known in legal circles across the country.
In cases of uncertainty, such a request for appeal will not be made.
After clarifying this idea, Hu Yuxiang rang the court to announce the opening of the court!
Following this, let’s sort out the relevant issues in this case again based on the narratives of the prosecutor and the defendant.
The prosecution’s statement was relatively simple, mainly establishing the murder facts of the defendant Xie An.
And state Xie An’s entire murderous psychology to determine Xie An’s subjective behavior.
Also, it states the letter of understanding issued by Xie Lirong as the first legal relationship. and Xie An’s circumstances of surrender.
Finally, in terms of the recommended sentence, the recommended sentence is death.
This situation is basically similar to the sentencing result of the first instance.
From an objective point of view, there are basically no mistakes in the prosecutor’s judgment of the case, as well as the recommended sentence and psychological description.
They are all stated through normal processes and normal procedures.
Then there is the content of the statement made by the defendant, Xie An, facing this trial.
Xie Anxin knew very well why he killed Liu Xuewei.
The main reason why he hurt Liu Xuewei was for his daughter.
But can he tell the real situation of this matter?
He certainly can’t say it, and he won’t say it directly.
So it was stated that the behavior previously performed through oral confession was subjective—
“Actually, I didn’t want to hurt Liu Xuewei at the beginning.”
“It’s just that when I heard my daughter say that she was hurt by Liu Xuewei, I couldn’t turn around.”
“This distressing act was committed in a fit of rage.”
“This is my fault, I regret it, I know I’m sorry for Xuewei.”
“Similarly, I feel sorry for Xuewei’s family, that is, my in-laws.”
“Here I sincerely apologize to the people I have wronged. I accept the judgment of the law and I also accept all accusations against me.”
“I plead guilty and accept punishment. No matter what the law does to me, I will accept it. There is absolutely nothing else to refute or state.”
Xie An’s performance at the trial was very direct. He did not quibble about his crime, nor did he deny some of the facts in his crime.
Instead, he directly chose to plead guilty and accept punishment.
Xie An made this choice for two reasons.
The first one is that I want to take all the responsibilities on myself.
After all…this case cannot sentence him to death.
The second thing is that the evidence of his murder is conclusive, and even refuting it has no meaning.
So just be straightforward and direct, do not refute, plead guilty and accept punishment.
Similarly, when the presiding judge asked Xie An for some details about the case.
Xie An’s answer was also very straightforward.
After the prosecutor and the defendant Xie An made statements, Hu Yuxiang, as the presiding judge, looked at the victim’s seat.
The most important thing this time is to look at the victim’s opinion that the punishment is inappropriate.
After focusing his attention on the defendant’s seat, Hu Yuxiang asked:
“The victim appealed and believed that the criminal punishment imposed on the defendant Xie An in this case was inappropriate.”
“It is believed that the defendant Xie An should be sentenced to death.”
“As for the victim’s appeal, can the lawyer entrusted by the victim or the victim make a detailed statement from a legal perspective?”
“The chief judge who can.”
Su Bai raised his head and looked at the court seat. Judging from the current trial situation.
The trial seemed to be going very smoothly.
But the trial went so smoothly that Su Bai’s intuition became clearer.
And just now, when Xie An answered the presiding judge’s question, Su Bai also found a loophole.
At the judgment seat, Hu Yuxiang spoke:
“Then please now ask the victim to entrust a lawyer to make a detailed statement.”
“Okay, but before we make a detailed statement, I would like to ask a few questions to the defendant and the law enforcement officers in this case, the presiding judge.”
“Because these issues involve important circumstances of the case.”
“So we apply for inquiry.”
Presiding judge: “The application is approved, but I am reminded not to ask about matters unrelated to the case.”
“OK.”
After getting the consent of the presiding judge, Su Bai took a breath and looked at the defendant’s seat.
“First of all, I would like to ask about the relevant people involved in this case.”
“Xie Lirong, you are a person involved in this case.”
“As the victim’s wife and the defendant’s daughter, she has a legal relationship with both of them.”
“Under what circumstances was it decided to issue a letter of understanding?”
Xie Lirong’s answer was very direct and straightforward, and she responded directly.
“I decided to issue a letter of understanding after careful consideration.”
“I don’t need to tell the opposing lawyer what I think in this regard, right?”
“Isn’t this legally required?”
After saying this, Xie Lirong subconsciously turned to look at the lawyer beside her.
These are what the lawyer told her, saying that during this trial, the other party’s lawyer might ask her some questions.
Tell her that there are many questions that don’t need to be answered, just answer them directly.
So when Su Bai made inquiries, Xie Lirong followed the method taught by the lawyer.
Facing the reply, Su Bai smiled and said:
“No requirement.”
Then he set his sights on Xie An and said:
“Based on the situation in the trial just now, and also based on the defendant’s statement.”
“In this case, the defendant stated that his criminal motive was to intentionally injure the victim Liu Xuewei impulsively.”
“I would like to ask, at the time of this incident, did Xie Lirong and your family know that you went to Liu Xuewei’s house with the intention of killing someone?”
Faced with this question, Xie An didn’t know how to answer.
So remained silent.
Regarding Xie An’s silence, Su Bai did not ask further questions but continued to ask the law enforcement officers:
“Here I would like to ask the law enforcement officers who investigated this case.”
“In this case, it can be seen that Xie Lirong changed her confession many times.”
“Finally, he stated that it was because he deliberately lied that Xie An impulsively committed the murder.”
“The one who killed was his own son-in-law.”
“Have law enforcement officials conducted in-depth investigations into other situations?”
“For example, Xie An did not kill in passion, but in conspiracy with Xie Lirong and others.”
“I would like to ask the law enforcement officials whether they have conducted an in-depth investigation in this direction?”
Facing Su Bai’s statement, the law enforcement officers were stunned for a moment.
Also stunned were Xie An, Xie Lirong and others from the defendant and relevant personnel seats.
The positioning of this case was very clear during the initial investigation.
That means Xie An committed intentional homicide.
What was confirmed was Xie An’s subjective intention of intentional homicide.
In other respects, law enforcement officials did not conduct in-depth investigations.
But.…
What Xie Lirong didn’t expect was that the victim’s lawyer directly raised this point of view at the trial.
What should we do now?
Xie Lirong suddenly had a bad feeling in her heart.
Somewhat flustered and at a loss.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)