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

Chapter 147 Impossible!Absolutely impossible!
Isn’t it Hu Jitu’s fault alone?
Chang Jiahang felt like he understood it, but he didn't fully understand it.

Seeing that his eyes were still somewhat confused, Ren Zhen explained: "If we are holding a first-instance trial today, as you said, it would be easiest and most powerful to directly take out the surveillance video.

But today, we are sitting in a second instance court, and it is a second instance trial more than ten years after the first instance. This is the first time even I have encountered this situation.

What you need to know is that the first instance and the second instance sound like procedural differences, but they do not simply mean that one is the first trial of the case and the other is the second trial.

Think about it, what are the principles for handling the second instance?
In other words, how many ways can the second instance be handled based on different situations? "

Ren Zhen, the old god, actually started teaching on the spot in the court.

That is to say, their voices were relatively quiet. If the judge heard them, they might not be kicked out directly.

How many situations are there in the second instance?

Chang Jiahang briefly recalled that he still knew everything in the book.

Depending on whether the facts found in the original judgment are correct, whether the evidence is reliable and sufficient, whether the application of the law is correct, whether the sentencing is appropriate, whether it violates legal procedures, etc., the second-instance court may reject the appeal and uphold the original judgment, revoke the original judgment and make a new judgment, or find out Different treatments such as changing the verdict after the fact.

Combined with what Ren Zhen said just now, Chang Jiahang suddenly felt much clearer.

"Ren Lu means that the second instance is not just a retrial of a case. To a certain extent, it is also a confirmation or correction of the first instance?"

Thinking that Hu Jitu's situation was extremely special, Chang Jiahang finally understood why Ren Zhen said that this was not his alone.

"Be bold, not to a certain extent, but to a greater extent compared to the trial, it is a correction of the first trial."

Ren Zhen was a little pleased. This trainee lawyer could be said to be the best class he had ever led.

“If we directly present new evidence, it would be equivalent to ignoring all the work done in the first trial of this case and opening a new path.

Although there were many flaws in the first trial of this case, once such behavior is committed, it is telling the judge that we have the final say on how the case will be tried, and you can just join in the fun. Do you think that's okay? "

Ren Zhen touched his nose and felt a little complicated: "Although for Hu Jitu, redress of injustice is a victory, but for the court of second instance, this alone is not enough.

So we still have to start with the first trial. Anyway, the evidence and facts are all there, and many things are obviously absolutely unclear.

When the trial reaches a deadlock and cannot move forward, we bring out new evidence. This is to provide new ideas for the trial work.

The same action, performed at different times, will have different effects. "

After Ren Zhen finished explaining, Chang Jiahang completely understood.

It turns out that being a lawyer is not just about having strong professional abilities.

In other words, something other than professional knowledge is actually part of a lawyer’s professional abilities?

In fact, what Ren Zhen has not said yet is that those who were responsible for this case, after so many years, there are many in high positions. Just look at Feng Zhigang and Jiang Maofa.

So these people are absolutely well aware of the flaws in this case that was hastily concluded that year. Now that the second trial has begun, who knows if someone will have some evil intentions and cause any unexpected situations.

Start with the normal thinking first. If you really can't fight anymore, then bring out new evidence to have a backing up.

If you directly take out new evidence and send it to the court, it is equivalent to directly showing your trump card.It's better to be careful.

After the court session today, it was discovered that the sperm that could be used as evidence was lost. Ren Zhen was even more certain that his choice was correct.

If the evidence is submitted in advance, who knows if it will be lost when the trial begins?
But other than this, it seems that until now, the trial has been going on. Except for those guys who came to assist, the judges and prosecutors of the second instance collegial panel are all normal.

The trial has come to an end here, and the court is temporarily quiet.

In different positions, people have different thoughts.

Except for some people who have ghosts in their hearts, the three judges on the trial bench should be suffering the most at this time.

Judging from the evidence in the first trial, the sperm spots were missing. The blood stains in Hu Jitu's fingers were only tested for blood type and without DNA testing, so the source of the blood could not be determined. The interrogation transcript submitted by the prosecutor may have been forged.

There was already a problem with the judicial thinking of the first trial. If the appraisal results came out later and the transcript Ding Jiuyan produced was true, then Hu Jitu would be found guilty in the first trial, which would really become a joke.

Convicted based solely on the suspect's confession?And is it possible that the confession is false?
This is almost tearing the Criminal Procedure Law into pieces and throwing it at your feet, telling people that as long as I say you are guilty, then you are guilty!
Bao Yangjun couldn't even imagine how big a blow it would have to the credibility of the judiciary if word of this came out.

But even so, he could only pray that the appraisal results would tell them that the new evidence provided by the defendant was true.

Only in this way can they still have a chance to make amends.

If the evidence is insufficient and the records are forged, then the case is doubtful. As for Hu Jitu, there is no doubt that he is not guilty.

And even if the first trial is not considered, the surveillance video that has been preserved for 18 years can completely prove that Hu Jitu is not the murderer in this case.

It was enough that the public prosecution was unable to prove that Hujitu had committed a crime. Now the defender even proved that Hujitu had not committed a crime. Doesn't this still mean he is innocent?
As soon as the court door was pushed open, everyone's attention was attracted.

When they saw that the hard drive and the interrogation transcript were sent back, they knew that the identification results were out.

Bao Yangjun quickly glanced at the appraisal opinion he had just received, and Bao Yangjun breathed a sigh of relief.

"The identification results are out and the trial continues."

Bao Yangjun read it carefully, passed the appraisal opinion to two colleagues for circulation, and announced the resumption of the trial.

But at this point, there is actually nothing left to review.

"The appraisal results show that the defendant's newly submitted interrogation record of Hu Jitu's interrogation by the public prosecutor and the surveillance video at the entrance of the Rucun computer repair shop are both authentic, legal and valid, and this collegial panel will confirm and adopt them."

YES!

The Hu family couple and Yan Feng in the auditorium were visibly excited. They didn't know anything else, but they knew that as long as the surveillance video was true, Hu Jitu could not be the murderer!

"This is impossible! Absolutely impossible! He is not the murderer, so who is the murderer? Did the victim die in vain?"

Feng Zhigang on the side suddenly jumped up.

(End of this chapter)