Chapter 072 Senior Barrister Huang Weican
Once the judge's gavel falls, the case is finalized. You cannot continue to argue in court. The only way is to file a retrial with the higher people's court. At that time, the case will have uncontrollable factors. Because of this, Huang Weican, who understood the entire case, shouted at the presiding judge.
According to normal procedures, he would have been kicked out if he did this, but after being asked by the jurors and learning that he was a senior barrister, he looked at the presiding judge.
The presiding judge also looked at Huang Weican, and immediately recognized him, frowned, and said: "Lawyer Huang, what can I do for you?"
"He knows you?" Song Boxian asked in a low voice.
Huang Weican ignored Song Boxian, stood up slowly, put his lawyer's card around his neck, and then cleared his throat: "Judge, fellow jurors, Huang Weican is a senior barrister registered at Hanguang Law Firm. I am here today because I was entrusted by someone to be the defense lawyer for Xu Hong, the suspect in this case."
Hummingbird-like discussions began in the court. The presiding judge frowned when he heard this, and then knocked the gavel: "Quiet..."
Then he looked at Huang Weican: "Lawyer Huang, since you are entrusted by others, why don't you act as the defendant's defense lawyer at the beginning of the trial, and instead intervene to stop the verdict when this court is about to pronounce it? Do you know that your behavior can be punished by this court?" Convict you of interfering with the court?"
Huang Weican handed over to the presiding judge: "Judge, according to the law, I can indeed be convicted of interfering with the court. However, I also act in accordance with the procedures. In accordance with Article 75, paragraph 3, of the Criminal Law Amendment, the defense lawyer chosen by the defendant shall If you find that there are deviations in the case without going to court, you can stop it and retry it before the presiding judge drops his gavel. Your Honor, I wonder if what you say below is consistent with the current situation?"
The presiding judge was a little unhappy when he heard this, but Huang Weican's identity was not simple. The weight of the Hanguang Law Firm he backed was extraordinary in the Ming Dynasty. Therefore, at this moment, he had to swallow his head and nod: "It complies with the regulations... "
As he spoke, he looked at Xu Hong in the dock: "Defendant Xu Hong, was this Lawyer Huang invited by your family?"
Xu Hong's wife and parents didn't know Huang Weican's origin. Xu Hong was about to shake his head when he saw Song Boxian suddenly stand up. Seeing the presence of the man who held him with a gun to stop him last night, Xu Hong became a little excited, but saw Song Boxian moving towards him. He shook his head slightly, then nodded slowly.
Seeing this, Xu Hong said: "The law...Judge...Lawyer Huang is the one who defended me."
The judge nodded and then allowed Huang Weican to enter the court hearing.
Entering the defendant's defense table, Huang Weican clasped his fists at the defense lawyer previously appointed by the procuratorate: "Lawyer Liu, I'm sorry..."
Lawyer surnamed Liu snorted, then stood up and left, sitting in the auditorium. Huang Weican immediately entered the role and spoke first: "Your honor, as the defendant's defense lawyer, I have three doubts to raise. I hope you will The jurors gave me their answer...
First, three people died at the scene of the crime. The fatal weapon was a folding fruit knife that Xu Hong carried with him. The blade was 10 centimeters long. According to my country’s standards for controlled knives, knives less than 15 centimeters do not belong to the category of controlled knives. And I saw in the file analysis that the police station designated the murder weapon as a controlled knife. Such obvious flaws can appear. I don’t know if the procuratorate carefully reviewed this article when reviewing the file;
Second, the procuratorate convicted us of intentional homicide. I think the way of conviction was irregular. The factors that occurred in this case were that victim A snatched Xu Hong’s son. Victim B intervened to stop it, and victim C escaped from A’s hands. Taking away the child, three people were eventually killed; even if the procuratorate convicted him, he could only be convicted of manslaughter. Based on the actual circumstances of the case, I don’t think Xu Hong’s crime warranted death;
Third, there are big problems with Xu Hong’s confession..."
Huang Weican picked up the file, and one of the pages was Xu Hong's confession. He held up the confession and said: "Your Honor, fellow jurors, the content of Chapter 1, Article 1, Volume 1, Criminal Law of the Ming Dynasty, Justice. ..
Article 1, paragraph 25, expressly stipulates that judicial impartiality in the collection of evidence..."
As soon as this statement came out, the presiding judge obviously hesitated. It was not that he had not read the file. There was official pressure on this case, and he would be responsible for any mistakes made in this case.
Huang Weican continued: "My client's testimony was inconsistent. The first confession he made was two hours after the incident. The location was within the Nanjing Nanner City Branch. The police officers involved in the interrogation at that time, They are two auxiliary police officers. According to interrogation procedures, when the suspect makes a guilty confession, the police involved must have a formal police officer at the sergeant level involved;
The second guilty confession was made in Nanwai City, which is within the jurisdiction of Jiangning County, at the Jiangning Police Station;
According to the provisions of Paragraph 25, any guilty confession made by a suspect must be in the detention center of the jurisdiction, and according to Article 135 of the Criminal Law Amendment, starting from 2020, any interrogation of a suspect, including a guilty confession , there must be real-time video recording;
After looking through the files, I found that the police station did not provide detailed explanations for the provisions I listed above. The only video was of Xu Hong in the interrogation room of the South Inner City Branch. There were only two assistants in the video. Police, but there is no video of the interrogation in Jiangning Police Station, it is entirely a text narrative;
Your Honor, fellow jurors, all of you are from the legal field, and you know the law better than I do. In this case, the operation of the police, including the review of the procuratorate, is called "procedural violation"...
We don’t care whether this matter is broadcast live or there is any external pressure. Two testimonies that appear in less than 24 hours can be called procedural violations. According to the law, if the procedures are illegal, all testimonies and testimonies made will be treated as illegal. invalid..."
Song Boxian was greatly shocked. It was the first time he heard the term "procedural violation" and the first time he learned that procedural violations could be used to reject guilty confessions in court.
At this moment, Song Boxian looked at Huang Weican and felt that this man was full of the light of righteousness.
The presiding judge frowned. He kept looking through the files, and Song Boxian clearly noticed that the judge's face was ashen.
"Ahem..." the first juror said, "Lawyer Huang..."
"Hello, juror..."
"Lawyer Huang, the facts of this case are simple, and with the testimony of the patrol sergeant at the time, the facts of this case are clear. Lawyer Huang, do you need to re-examine the file?"
Huang Weican smiled slightly: "Juror, let me interrupt. Not only are the facts of this case unclear, but the prosecutor's office also had major problems during the trial."
Faced with the silence of the audience, Huang Weican continued: "I made it very clear about the cause of the case at the beginning of the first question. To sum up, Xu Hong was completely acting in self-defense..."
"Lawyer Huang, Xu Hong still committed the murder even when victim C begged him for mercy. This cannot constitute self-defense, but intentional homicide..."
The juror's words shocked Song Boxian. Indeed, he knew the situation very well at that time.
Just when he was worried about Huang Weican, Huang Weican chuckled, and then raised his hands towards the juror who asked him and the judge on the high seat: "Your Honor, juror, first of all, at the moment Xu Hong's child was taken away, the victim A has committed a crime. According to Article 89 of the Criminal Law, anyone who robs a child under the age of ten or 12 in the street shall be sentenced to three years. This kind of behavior is the behavior of human traffickers that we Ming people hate;
During the time of the Holy Ancestor, human traffickers were severely punished. To this day, human traffickers are sentenced to felonies of more than five years. If a child under three years old is robbed on the street, the parents involved can exercise the rights stipulated in Article 20 of the Criminal Law Amendment Unlimited right to legitimate defense;
Secondly, regarding what the juror said was excessive defense, I would like to answer your honor and the jurors, why did victim B step in to stop him at this time? Anyone would think that he was an accomplice of A. At this moment, Xu Hong stabbed victim B to death, which was in line with unlimited legitimate defense authority;
In the end, victim C was stabbed by Xu Hong despite begging for mercy, causing him to bleed to death. I also believe that Xu Hong acted in legitimate defense. "
At this moment, the presiding judge finally spoke: "No, according to the law, when the victim has restrained his hands, the party in legitimate defense is not allowed to continue to exercise the right of defense."
"Your Honor is right," Huang Weican agreed, and then said: "However, Your Honor, under the circumstances, I have reason to believe that Victim C has an accomplice..."
As soon as these words came out, the whole audience was shocked. The first juror said urgently: "It turns out that they do not have a fourth accomplice."
Huang Weican shook his head and smiled: "Under the circumstances...
Who can prove it? "
When the judge heard this, he obviously had no way to answer. Huang Weican continued: "At that moment, my client Xu Hong only had one thing on his mind, and that was to protect the safety of his family. As a father, if he turned his back and turned around, Seeing your son being snatched away in front of you, I would like to ask, your honor, if you put yourself in your shoes, what should you do?"
The judge asked: "Xu Hong, what were you thinking at that time?"
Xu Hong got the microphone and said tremblingly: "I just want to protect my son..."
"You heard it..." Huang Weican held up his hands: "This is a father's promise. He just wants to protect his son. As I said, if he didn't completely stop victim C at that time, if victim C comes back again, Call a fourth or fifth person from other places, who will protect the safety of their father and son?"
"Let me ask, who will protect them?"
This second question was shouted out by Huang Weican.
After saying these words, Huang Weican said loudly: "Based on the previous defense I gave to Xu Hong, our client Xu Hong acted in legitimate defense. Please judge Xu Hong fairly and acquit Xu Hong..."
This remark was so resounding that everyone present secretly applauded it, except, of course, the family members of the traffickers.
