Chapter 140 The trial is on trial, one more crime?
Zhou Chaoqun took a deep breath, relieved his nervousness a little, and said slowly: "Our client confessed to the prosecutor's charges and admitted to committing the crime of extortion."
"But I would also like to ask the collegial panel to know that our client is an accomplice. He was completely instigated and beguiled by defendant No. 1 and went astray. The entire criminal idea was also formulated by defendant No. 1."
"Furthermore, in the criminal act, our client played a minor role and was only used as a 'lead'. The specific act of extortion was entirely carried out by defendant No. 1."
"Considering that our client has a lower status, smaller role, and weak sense of presence in the joint crime, I think he should be given a lighter punishment."
Zhou Chaoqun gradually entered the state and found his confidence.
"In addition, during the police interrogation, our client was the first to confess the facts of the crime, and also took the initiative to confess other circumstances that the police had not yet grasped at the time. This should be considered as a confession and even a certain element of surrender."
"Our client is willing to do everything he can to make up for his mistakes and compensate the victims for their losses."
"To sum up, I request the collegial panel to give our client a lighter sentence."
After speaking, Zhou Chaoqun slowly sat down.
The mood is quite relaxed.
Comparatively speaking, Liu Mingliang's situation is much better than that of Wang Peng.
It will also be easier to defend him.
Zhou Chaoqun is quite confident.
As soon as he finished speaking, before the prosecutor could speak, Zhang Wei spoke first: "The defense lawyer of defendant No. 2 said that his client is an accessory. I don't agree with this statement. Please provide evidence."
Zhou Chaoqun was well prepared and immediately held up a piece of evidence and said: "This evidence is a screenshot of the prestige chat between the two defendants, dated January X this year."
"It can be seen from the chat that defendant No. 1 said, 'We will act tonight to try to get a good start.' Three minutes later, our client replied 'Okay.'"
"According to the police investigation, it can be learned that that day was the day when the two first committed extortion!"
"Through this chat, I have reason to believe that defendant No. 1 played a leading role in this crime."
"In addition, there are several other chat screenshots here. It can be seen from the multiple conversations between the two that defendant No. 1 is obviously in a dominant and powerful position!"
Zhou Chaoqun submitted several pieces of evidence prepared in advance to the collegial panel and continued:
"In addition, the ratio of the two people's shares is enough to explain something."
"As for the illegal gains, our client accounts for 40%, while defendant No. 1 accounts for 60%."
Zhang Wei frowned slightly.
These circumstances are indeed quite unfavorable to Wang Peng.
But these things can't stop him.
"I recognize the legality and authenticity of the evidence, but I do not recognize its relevance."
"And this evidence is not strong enough. A few simple chats alone are not enough to explain anything."
"As for the issue of sharing ratio, it has no direct relationship with the positioning of the principal and accomplices."
Zhang Wei easily overturned Zhou Chaoqun's proposition with some casual writing.
The latter frowned slightly and immediately stood up to argue.
then……
Both sides of the court debate became the defense attorneys for the two defendants.
The prosecutors are all available.
Shen Tianci also enjoyed his leisure time, sitting firmly on the Diaoyutai and watching the tiger fight from the mountain.
Both Zhang Wei and Zhou Chaoqun tried their best to prove that their client was an accessory and the other party was the principal offender.
And some evidence was cited.
But the problem is that the evidence of both of them is not direct evidence and cannot strongly prove their views.
The most important conversation between Wang Peng and Liu Mingliang, the one where the specific methods of extortion were clarified, took place at the dinner table. There is no record of the chat, nor is there any audio or video recording.
The two defendants each insisted that the other party was the first to come up with the idea and was the one who instigated and bewitched the other party.
None of them wanted to give up this opportunity.
After all, there is a big gap between the sentences of principal criminals and accomplices.
The two defenders naturally took this as their main defense idea.
You come and I go, not giving in to each other.
We debated for more than half an hour, and even though it was almost twelve o'clock, we still didn't come to a conclusion.
Although throughout the debate, Zhang Wei always had the upper hand.
But this advantage is far from being able to turn into a victory.
After all, there is a lack of strong evidence.
In the end, Judge Chen Zhonghan reluctantly knocked down the gavel and announced a temporary adjournment for one hour.
The court will resume at one o'clock in the afternoon.
Then he and the jurors left the courtroom.
"Liu Mingliang, are you going to stab me on horseback? Just wait for me!"
"I'm afraid you won't succeed! If you hadn't been such a bitch, I wouldn't have gone to court or gone to jail!"
Wang Peng and Liu Mingliang started to quarrel.
He was quickly taken away by the bailiffs.
During the adjournment, they will be temporarily held in the court's detention room.
Jiang Bai shook his head with a smile, swaggered out of the courtroom with his hands behind his back.
In the restaurant next to the court, I happily showed off three large bowls of white rice...
Inside the court detention room.
"Mr. Liu, let me ask you again, are you sure that the idea of setting up traps to extort money by acting as a driver was originally proposed by Wang Peng?"
Zhou Chaoqun stared at Liu Mingliang and asked in a deep voice.
"I'll give you four!" Liu Mingliang nodded heavily and gritted his teeth: "You don't know, that guy Wang Peng talks all the time and doesn't tell the truth!"
"And I have been committing petty theft since I was a child, and I have a bad record. If I hadn't been instigated by him, I wouldn't be in the situation I am in today!"
"Lawyer Zhou, you must help me!"
"Don't worry, I will definitely help you with all my strength. Let's go first. I will sort out the evidence, sort out the defense ideas, and see if I can find a new breakthrough."
After saying that, Zhou Chaoqun left in a hurry.
As soon as I went out, I happened to meet Zhang Wei coming out of another detention room.
"Teacher Zhang."
"Just call me Zhang Lu. I don't deserve the title of teacher."
"You are a senior, this is my respect for you."
"Haha, you are a good boy. Let's go. There are less than fifty minutes left. Our victory depends on this time."
"yes."
The two chatted and strode out of the court.
One south and one north, running in opposite directions.
A recess is a break for some people, but for the defender, it is precious time and opportunity.
They didn't even bother to eat. They wanted to use this time to find as much evidence as possible, or to calm down and reorganize their defense ideas.
Prepare for the afternoon hearing.
One hour passed by in a flash.
"winter!"
With the sound of the gavel falling, the court reopened.
"Now that the trial is reopened, do the two defenders have any new evidence to submit?" Chen Zhonghan asked in a deep voice.
Zhou Chaoqun shook his head helplessly.
The time is too short.
He really didn't find any strong evidence.
However, Zhang Wei stood up confidently and said: "I apply to submit new evidence."
Hearing this, Zhou Chaoqun frowned slightly.
An ominous premonition filled my heart.
"agree."
Chen Zhonghan said.
Zhang Wei submitted the evidence, which was a video.
There is a display screen on the left and right sides of the front of the trial court to facilitate the display of some video evidence during the lifting process.
At this moment, the new evidence submitted by Zhang Wei was played in court.
The protagonist of the video is a group of thirteen or fourteen-year-old children, who seem to be celebrating someone's birthday. The scene is in a restaurant.
"be opposed to!"
Zhou Chaoqun stood up quickly and said: "This evidence has nothing to do with this case."
Chen Zhonghan looked at Zhang Wei with a questioning look on his face.
The latter smiled slightly and said to the bailiff: "This evidence is definitely related to this case, and it is directly related. Please increase your volume."
The bailiff complied.
The voice gradually increased.
Amid the commotion, two voice-overs could be vaguely heard.
Although it is not very clear and is often overshadowed by the voices of the children in the video, making it appear intermittent, the basic meaning is still not difficult to understand.
"...Oh, I lost my job...I'm a bit tight on money...I have to...get some money, otherwise..."
"Who says it's not... acting as a driver... I'll take the blame, you idiot!"
"...Is it punishable to touch porcelain?"
"Brother...what age is it...in the car...driving recorder...monitoring electronic eye...it's too difficult...a novice...it's really hard for you...you've all..."
"...when we cooperate...in advance...let the customer...create his own trouble...ask for money...look at him..."
"..."
As the video played, Zhou Chaoqun's face became increasingly ugly.
This is completely different from what Liu Mingliang himself said!
He was the first person to propose setting up a trap to extort money by acting as a driver!
"Gudu!"
The sound of swallowing saliva was heard.
Zhou Chaoqun turned around and saw Liu Mingliang's face was frightened and uneasy.
He cursed inwardly.
At this time, Zhang Wei's voice came.
"This video records the first conversation between two defendants discussing extortion. I asked experts from the Forensic Identification Center to reduce noise on the video and conduct a precise analysis of the sound waveform."
"It can be determined that these two voices come from the two defendants respectively. This is the forensic report."
Zhang Wei submitted a report.
Everyone's voice is different. Even if you deliberately change your voice, you can still find enough characteristic points to identify the voice owner.
In modern society, it is not difficult to find someone through their voice.
This reflects Zhang Wei's strong connections and energy.
What happened half a year ago, he was actually able to find the people who were at the scene and obtained the video. He also found authoritative experts in related fields to conduct precise analysis.
This wave is truly a blast!
In fact, Zhang Wei obtained this evidence the day before.
However, the scene was so noisy and noisy that it was impossible to hear the content of the conversation between the two defendants.
He found professionals to handle the matter, and received the authoritative forensic report less than ten minutes before the trial.
This time is really stuck.
"Haha, are you dumbfounded? You thought you could throw dirty water on me without proof, but you didn't expect that it was so funny, hahaha!" Wang Peng laughed proudly.
I just feel proud and proud.
Liu Mingliang looked at Zhou Chaoqun and said in a trembling voice: "Lawyer Zhou, what should we do now?"
I don't know what to do when I'm riding a horse!
!
Zhou Chaoqun almost went crazy.
Giving perjury in court is a severe punishment.
Article 305 of the Criminal Law stipulates that in criminal proceedings, witnesses, appraisers, recorders, and translators intentionally make false certifications, appraisals, records, or translations regarding plots that are important to the case, with the intention of framing others or concealing criminal evidence.
, constitutes the crime of perjury.
shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Originally, Liu Mingliang's participation in the joint crime was not high. Even if he voluntarily admitted that he was the first to come up with the idea, he would not necessarily be identified as the principal culprit.
But now...
He successfully added a buff to himself. Is this because he was afraid that his sentence would not be long enough and he would not be able to reach retirement age?
"Defendant No. 2, do you have any objection to this evidence?" Chen Zhonghan looked at Liu Mingliang and asked in a deep voice.
"I, I...this..."
After Liu Mingliang hesitated for a long time, he suddenly pointed at Zhou Chaoqun and said loudly: "Lawyer Zhou asked me to say that!"
Mist grass!
Zhou Chaoqun's expression suddenly changed.
Your uncle!
"Swish, swish, swish!"
All eyes were focused on Zhou Chaoqun.
The latter suddenly felt the pressure doubled, and his forehead was instantly covered with fine beads of sweat.
He is a student of law, so he naturally knows the serious consequences he will face if this kind of behavior is carried out.
If you are not careful, you may end up with Liu Mingliang!
Article 306 of the Criminal Law stipulates that "the crime of a defender or agent ad litem destroying evidence, fabricating evidence, or obstructing testimony" means that in a criminal proceeding, a defender or agent ad litem destroys or forges evidence, or helps the litigant destroy or forge evidence.
Threaten or induce witnesses to change their testimony contrary to the facts or commit perjury.
shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
This crime is a bit long, and the description of the provisions in the criminal law is somewhat convoluted, but the meaning is not difficult to understand.
Of course, this crime is not something that can be decided upon.
If the witness testimony or other evidence provided, presented or cited by the defender or litigation agent is untrue and is not intentionally forged, it does not constitute forged evidence.
Naturally, he will not be held criminally responsible.
But if Zhou Chaoqun, as a defender, makes such a big mistake, he will at least be punished or criticized.
Thinking of this, Zhou Chaoqun's heart felt cold.
This bastard Liu Mingliang has completely pushed him into the fire pit.
Fortunately, Zhou Chaoqun has a good habit of recording every time he meets and chats with the client.
Having this recording is enough to clear him of suspicion.
It’s not what Liu Mingliang says!
The collegial panel did not accept Liu Mingliang's behavior of a mad dog biting people, and this case was not a case in this court trial, so it did not ask in detail.
The trial continues.
Zhang Wei took advantage of the victory to pursue and expand his advantage.
Gradually, the main responsibility for the crime committed by the two was attributed to Liu Mingliang.
Things were getting worse for him.
"No! How did I become the main culprit?"
Liu Mingliang couldn't sit still anymore and quickly stood up to argue: "Yes, I did lie, but you can't completely deny me because of this trivial matter!"
"I'm just a driver, I just drive. I didn't ask the victim for money, right? I didn't threaten them to call the police if they don't pay, right? I didn't hit anyone with my car, right?"
"Why do you say I am the main culprit!"
Liu Mingliang looked excited and argued loudly.
As for Zhou Chaoqun, he lowered his head throughout the whole process, looking at his nose and heart without saying a word.
What if I get tricked by this idiot again?
For a defendant who stabbed his defender in the back, Zhou Chaoqun felt that he was a great benefactor.
Defend him?
I'm afraid I'm not thinking about shit!
"Defendant No. 2, please speak specifically." Chen Zhonghan reminded in a deep voice.
Court debate is a highly professional activity.
This is not a quarrel in the marketplace, where whoever has a louder voice or speaks faster will win.
Otherwise, why would the defendant hire a lawyer?
In principle, the defendant can defend himself without hiring a lawyer.
But if you are not from a professional background, have not systematically studied law, and have no experience in court, how can you compete with experienced prosecutors or plaintiff lawyers?
Just a few sentences can make you confused!
Court debates should be based on facts and the law, and should clearly and effectively express one's own views and refute the other party's views based on legal provisions and judicial interpretations.
Liu Mingliang's sophistry may seem like he's talking a lot, but in fact it's all bullshit.
It's of no use at all.
It's just a waste of everyone's time.
After being interrupted by Chen Zhonghan, Liu Mingliang was dumbfounded.
Targeted speech?
You are just a translator. What do you mean by speaking in a targeted manner?
At this time, prosecutor Shen Tianci, who had been silent for a long time, spoke: "Your Excellency, I apply to add a charge to the lawsuit against defendant No. 2."
"Perjury!"
"Defendant No. 2 gave false evidence in court with the intention of reducing his own sentence and framed others. His subjective malice was strong and the circumstances were serious. Multiple crimes are applicable and he should be sentenced harshly!"
As soon as this statement came out, everyone looked at each other.
Jiang Bai secretly applauded.
Wang Peng sneered.
Zhou Chaoqun pretended not to hear anything.
The elders and aunties in the auditorium were all amazed.
As for Liu Mingliang...
His face turned pale with fear and his breathing became rapid.