Lawyer: Start with legal retaliation against infidelity!
Chapter 45 Debate on Surrender!
Hu Guang has been a prosecutor for over twenty years. He worked his way up from the grassroots level and now, at just over forty years old, in the prime of his life, he has become the head of the first criminal group in the second supervisory department of the municipal procuratorate.
What case hasn't he handled?
What kind of opponent haven't I encountered?
However, this was the first time in Hu Guang's life that a suspect could surrender himself after seven police officers fired shots to control the scene.
This is more than just arrogance.
That's utterly arrogant!
"Defendant's attorney, this is a courtroom, and anything you say can and will be used against you in court."
Hu Guang's tone was chilling, his voice resonating deep within everyone's hearts as he spoke:
"Please organize your thoughts before you speak!"
These words serve as a warning and a caution.
In court, you can say things that are offensive or deceptive.
But talking nonsense is a big no-no!
Not only will it not help the case, but it will also cloud the clear thinking, causing the trial to become mired in a quagmire.
In this situation, if the presiding judge were any stricter, they would almost certainly issue a warning.
Moreover, after the court session ends, the lawyer will become a clown, a pariah, whose actions become the subject of ridicule.
but.....
"I'm perfectly rational; the prosecution doesn't need to worry about it!"
Xu De refused outright. He sat in the defendant's seat and met the defendant's gaze without fear.
It is now 2002. This time period is very special. What makes it special?
The law stipulates the presumption of innocence, but in practice, law enforcement agencies follow the principle of presumption of guilt.
This led to a surge in wrongful convictions starting sometime later. Over the years, the number of people exonerated was staggering, and nearly 60% of these wrongful convictions were based on judgments made around 2002...
Therefore, his attitude cannot be relaxed for a moment!
"We are absolutely certain."
"In this case, the defendant Wang Qiang was not arrested by the police, but surrendered himself voluntarily without interference from others!"
He is... serious.
Hu Guang's brows furrowed immediately, and he sat back down, speechless for a long time.
On the judge's bench.
The three judges frowned, but did not rush to express their opinions.
After a while.
Presiding Judge Zhang Bingxin struck the gavel once more.
"Bang!"
"Defense, please state your arguments."
After speaking, Zhang Bingxin focused his gaze on the other person, not missing a single detail.
As mentioned before, if the other party is rambling and disrupting the prosecution's rhythm, then he... can certainly issue a warning.
After repeated warnings went unheeded, what awaited Xu De was...
Expelled from the courtroom!
"Your Honor, Your Honor, our case is very simple."
Xu De took a deep breath, putting aside his emotions regarding the prosecution for a short time, freeing up enough thought and energy to express himself.
"Just now, the prosecution submitted the testimonies of the seven police officers present at the scene, as well as the police file."
He spoke, gesturing slightly to the evidence in front of the judge's bench.
The evidence presented was still that of the prosecution.
As for why this piece of evidence was specifically mentioned...
"Excuse me, what is the original text of the police's summary of the conclusion regarding the murder case in this case file??"
Xu De's eyes narrowed, and his brain began to work, much like a computer's CPU.
On the judge's bench.
Judge Liu Jianguo paused slightly, looked down at the file, and then picked it up.
"This case file was provided by the police in this case."
"The paragraph referred to by the defense is originally:..."
He paused, then began to read:
"Original text: After the incident, the suspect remained at the scene without attempting to flee. He was later taken back to the Lusen City Public Security Bureau by the police. The suspect is now in custody. The case has been investigated and the facts are clear and the evidence is conclusive..."
This is the case file written by the police.
If you observe carefully, you will easily discover one thing, which is...
"May I ask the prosecutor, the presiding judge, and the police regarding the original text...?"
Xu De paused for a moment, then uttered a sentence.
"Did you say that the defendant, Wang Qiang, was arrested and brought to justice?!"
These words were spoken.
Everyone fell silent for a moment.
Immediately.
It was clearly visible that all seven people, including the prosecutors and the judges, simultaneously lowered their heads and looked at the case files in their hands.
Wang Wei wanted to say something, but the case file in front of him did not mention any words such as "arrest" or "capture"!
in other words......
"The police have never said the murderer was arrested!"
"The so-called concept of capture..."
Xu De relentlessly pursued the case, and seeing that the time was right, he immediately launched a counterattack against the prosecution.
At this moment, his gaze was full of sharpness, like the flash of swords, slashing towards Hu Guang and the others.
"These are all subjective judgments made by the prosecution and clearly lack objective facts and evidence!"
The words fell.
Hu Guang and Wang Wei's expressions changed drastically.
Immediately afterwards, the reason for the change in expression between the two men was revealed from the audience.
"So, after the murder... the police didn't say it was an arrest? Then why did the prosecution issue an arrest warrant!?"
"Prosecutors Hu Guang and Wang Wei? Could it be that these two are trying to increase their chances of winning...?"
"Something feels off to me. Doesn't the defendant know whether this is an arrest or not...?"
"No, the defense says it wasn't an arrest, and the prosecution says it wasn't a surrender... So how did the defendant end up at the police station?! Can someone explain this to me..."
"..."
The audience was stunned.
Their previously raised eyebrows were now furrowed into a knot, and countless pairs of questioning eyes occasionally swept across the crowd and landed on Hu Guang and Wang Wei, who were sitting in the prosecutor's seat.
There isn't much information that can determine the outcome of a case.
But whether or not one surrenders oneself falls into one of these categories!
at this time.
Hearing the doubts from the audience.
Wang Wei and Hu Guang, the prosecutors, frowned deeply.
Dirty water... This is blatantly throwing dirty water at them!
Neither of them are people who care about their reputation, but they certainly don't enjoy being insulted by thousands of people!
"We have something to say!"
Wang Wei hurriedly stood up. Without waiting for the judge's reply, he spoke directly after standing up:
"The prosecutor's office had no intention of deliberately approving the arrests; each application was reviewed repeatedly before a decision was made."
"In this case, the prosecution's basis is: the threats have ceased at the scene, and the police have taken control of the situation!"
In legal judgments concerning surrender, there are indeed cases where surrender is made on the spot.
But that only applies to the chaos at the scene, before the police have brought everyone under control. Once they have... even if you voluntarily confess, you will still be arrested.
"Prosecutor, I need to correct your statement!"
"Based on Article 67 of the Criminal Law, and with reference to the National Unified Training Textbook for Judges."
"The crime scene was chaotic and police forces were not deployed, which constitutes a surrender at the scene while awaiting arrest."
Xu De shook his head, his tone calm, as if he were simply reading from a script.
He began:
"After the incident, the individuals involved in the fight were not subdued; they were merely deterred by the gunfire, and some still possessed weapons!"
"The so-called threat of a pause does not exist; rather, the scene remains chaotic and out of control."
"The defendant, suspect Wang Qiang, meets any of the aforementioned laws and regulations, and clearly falls under the category of..."
"Confess!"
In addition...
Xu De paused, frowned, and then took a deep breath.
"Regarding the prosecution's statement, concerning the 'thirty-second pause after the defendant Wang Qiang got out of the car'..."
The above is an explanation of surrender. Relying solely on surrender to achieve a united front will at best result in a draw with the other party.
But it doesn't matter, he hasn't revealed all his cards yet.
"Our side..."
"There are witnesses!"
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