Jiang Bai was not surprised that Du Yansen refused to plead guilty.
Although he didn't know much about this lawyer Du, after his last illegal operation, he should have learned from his mistakes, right?
We can't learn a lesson in vain, and we have not made any progress at all. Instead, we have elevated the violation to the level of crime...
That's a real idiot.
Therefore, Jiang Bai never believed it from beginning to end. Zhang Renjie's practice of threatening and bribing the victim was instigated by Du Yansen.
This is more like Zhang Renjie is biting people by a mad dog.
Since he is innocent, Du Yansen will definitely defend his innocence.
After he finished speaking, he glanced at Zhang Renjie coldly and sat back.
"Defendant No. 1, do you have any objections to the content of the complaint?" Chen Zhonghan asked Zhang Renjie in a deep voice.
The latter swallowed his saliva with difficulty, his lips trembled, and he spoke hard: "I, I have objections."
Um!?
Hearing this, Chen Mengzhe's eyelids twitched, and his face suddenly changed.
He quickly turned his head to look at Zhang Renjie and kept blinking at him. The crow's feet could kill the flies.
Du Yansen refused to plead guilty because he was confident of defending his innocence.
But Zhang Renjie's case is already conclusive. There is absolutely no possibility of being innocent. He can only find a way to defend his crime.
So before the trial, Chen Mengzhe repeatedly instructed him that after going to court, he must actively plead guilty and accept punishment, apologize to the victim, compensate, and strive for a reduction in sentence.
Chen Mengzhe sorted out and summarized several legal and discretionary sentence reduction circumstances in advance. He still has the opportunity to help Zhang Renjie fight for a few years for a sentence reduction.
But his mouth completely disrupted the rhythm.
Chen Mengzhe was anxious and quickly winked at Zhang Renjie.
But the latter ignored it at all and was still refuting.
"I admit that the three recent medical accidents are related to me, and that they also hinder testimony, replacement exams, and purchase and sale of documents, I admit all of these."
"I don't admit that I'm practicing medicine illegally! I'm not practicing medicine illegally!"
Zhang Renjie gasped and shouted loudly: "I have a doctor's qualification certificate. Although it is not me who went to the exam, this certificate was issued to me!"
"How can I say that I practice medicine illegally?"
"And, the past medical accidents mentioned by the prosecutor just now are indeed related to me, but it was not caused by me."
"For example, the mother who died on the operating table was due to heavy bleeding from giving birth, and I had tried my best to save her."
"I'm just a doctor, not a god. Some people can save them, and some people I really can't save them. I can't blame me..."
Zhang Renjie looked excited and shouted loudly.
You can clearly see the spitting stars splashing everywhere from the side.
Chen Mengzhe's face was extremely hard to see.
Zhang Renjie's sophistry was so eye-opening.
Since they were found to have been asked to take the gunman for the exam, the medical qualification certificate obtained from this is naturally illegal and invalid.
He used such an invalid certificate to prove that he was not practicing medicine illegally...
Not only will it not help any of the reduction of crimes and sentences, it will also leave an extremely bad impression on the collegial panel.
And this impression will directly affect the final sentence.
Chen Mengzhe's face was so angry that he was tilted.
On the other side.
Zhang Wei looked at this familiar scene and couldn't help but smile on his face.
Yes, it's just this taste, it's too right!
According to the "Pig Teammate Conservation Law", Pig Teammates will neither arise out of thin air nor disappear out of thin air. It can only transform from one kind of operation to other kind of operation, or transfer from this defense attorney to another defense attorney...
Seeing Chen Mengzhe being stabbed by his pig teammates, Zhang Wei was like drinking a bottle of ice cream in a hot and dry desert.
No, plastic bottles are not cool enough, they must be canned!
This feeling is just one word, it’s so cool!
There are so many strange creatures in the world, why do you catch a life-threatening trap?
Why can't you cheat others?
Seeing that Chen Mengzhe had such a day, Zhang Wei instantly felt psychologically balanced.
As for Du Yansen...
He even smiled so hard that the corners of his mouth were grinning to the root of his ears.
As a lawyer who was cheated by Zhang Renjie, I saw another lawyer also being defeated by him.
He is very happy.
After Zhang Renjie's operation.
Chen Zhonghan rang the gavel and said in a deep voice: "In view of the two defendants having objections to the complaint, we are now entering the stage of evidence and court debate."
"First try the case of defendant No. 2 instigation of crime."
"Does the prosecutor have any evidence to show?"
"have!"
Chen Tianci stood up, held a USB flash drive and said, "I have a recording evidence here, and I requested to play it in court."
After the judge agreed, the clerk took the USB drive and inserted it into the computer USB socket to play audio files.
Soon, the sound of the two men talking came out of the speakers.
"...You should know a lot of people from the procuratorate and the court, right? Can you help me with your relationship?"
"Don't hold me if you want to die!...You want to send me in too!?"
"What do you think you should do!?"
"Now it's because three people called the police...if they can be handled..."
"Yes, you're right, I understand!"
After the recording was played, Chen Tianci said: "This is the sound extracted from the surveillance of the Fuhai Hotel. After experts conduct precise analysis of the sound waveform, it can be confirmed that the two parties to the conversation were the two defendants in court."
"The conversation was on X-X, that is, the night before Zhang Renjie committed the act of obstructing testimony. At that time, he had just been released on bail, came out of Changhe Street Police Station, and made an appointment with Du Yansen to meet at the Fuhai Hotel. The topic of discussion was medical treatment.
Accident crime.”
"And Du Yansen had an idea for him, and the original words were 'get them'. Here, the 'they' refers to the civil plaintiff number one, two or three behind me."
"It is under the influence of this sentence that Zhang Renjie will commit acts that hinder testimony. This can also be obtained from the judgment of causal relationship before and after time."
Chen Tianci's loud voice resounded in the court.
"It can be seen from this that Du Yansen's words caused Zhang Renjie to commit crimes that meet the constituent elements and established an instigator."
Chen Zhonghan nodded slowly, looked at the defendant's seat, and asked: "Defendant, do you have any objections to this evidence?"
"We have no objection to the authenticity, legality and relevance of the evidence, but we do not recognize the strength of its proof!"
After saying that, Zhang Wei smiled slightly and said to the judge: "His Excellency Judge, the defense lawyer applies to replay the recorded evidence just now."
The judge naturally agreed.
soon.
The recording starts playing.
But before this time, Zhang Wei shouted "Stop".
The clerk pressed pause.
Zhang Wei looked around and said, "Just just now, the prosecutor focused on the second half of this recording, but ignored the content at the beginning of the recording."
"Please replay it."
"Please listen carefully, the conversation between the two at the beginning."
The clerk replayed the recording.
Zhang Wei shouted "Stop" in the same place again.
Then he said: "I believe everyone has heard it. In the first half of the recording, Zhang Renjie proposed to let our parties go to run for a relationship. Everyone understands the so-called run for a relationship."
"And what did my client say?"
“He refused harshly and mentioned an example of a colleague taking criminal responsibility.”
"Through this sentence, I have reason to believe that our parties have absolutely no subjective intention to operate illegally and irregularly. It can also be explained from the indirectly that what he said is "handled" is not the threat and bribe that Zhang Renjie understands."
Zhang Wei glanced at Zhang Renjie and continued:
"This is enough to show that the second defendant Zhang Renjie committed a crime of obstructing testimony, which was entirely based on misunderstandings and his own subjective malice!"
"Our parties could not foresee that Zhang Renjie would misunderstand what he said, nor could they foresee that Zhang Renjie would commit a criminal act."
"He did have any faults and did not convey his meaning to the parties accurately and rigorously, but he could not be judged as a crime of instigation!"
As soon as Zhang Wei finished speaking, Chen Tianci immediately said: "I don't agree with the defense lawyer."
"The first half of the recording can only show that the second defendant Du Yansen has no intention to bribe, but it cannot prove that he has no intention to commit other crimes."
"In addition, according to judicial interpretation, when the instigator has the intention to commit an illegal act, even if the instigator originally instructed a method that is difficult or even impossible to cause the result to occur, the instigator is completely likely to change the method until the result occurs.
In this case, the instigator shall not be exempted from liability.”
"In other words, even though Du Yansen's original intention was not to hinder the testimony, Zhang Renjie was indeed influenced by him to commit the crime, and Du Yansen needs to bear responsibility for this!"
Zhang Wei immediately retorted: "I don't agree, I think..."
The two started a fierce debate over whether Du Yansen was an instigator.
You say a word to me, and you don’t give in to each other.
In the auditorium.
"Ah, I owe..."
Chu Meiyan covered her mouth and yawned carefully.
Jiang Bai glanced at her and shook his head with a smile.
This is the case most of the time when court debates are boring and boring.
Both parties are simply constantly using legal provisions, judicial interpretations, classic examples, etc. as left-handed evidence to prove their own views and refute the other party's views.
To others, many theories seem a bit difficult to understand.
It is obvious that according to common sense, it should be like that, but the lawyer insists on forcibly reversing the nature of this matter through a certain judicial interpretation.
It becomes a form that goes against common sense.
But that's the court debate.
Common sense sometimes has some differences with the law.
In this case, the already boring court debate will become even more boring.
Chu Meiyan curled her lips and said, "This trial is so boring... If this continues, I will really fall asleep."
Jiang Bai whispered: "This is the trial, but it seems that the debate is almost over, and there should be a good show next."
Just finished speaking.
"winter--"
Chen Zhonghan beat the gavel and ended the debate.
This also means that the court investigation against Du Yansen is basically over, with only one final statement missing.
At present, the situation is more optimistic about Du Yansen and most likely will not be considered an instigator.
Of course, the final judgment depends on the meaning of the collegial panel.
Chen Zhonghan glanced and spoke in a deep voice: "Next, a court investigation will be launched against Zhang Renjie's case."
"After the last trial, Zhang Renjie's suspected of medical malpractice and obstruction of testimony has been basically clear. Prosecutor, defendant, do you still have new evidence to show?"
Both sides said they did not.
In fact, if there were no unexpected situations in the last trial, Zhang Renjie's two charges had long been sentenced.
The crime of medical malpractice and the crime of obstructing testimony are all clear and the evidence is sufficient, and there is nothing to argue about.
Chen Zhonghan nodded and said, "Okay, then the focus of the court investigation is on the other four charges Zhang Renjie is suspected of, namely: the crime of taking the exam, the crime of illegal practice of medicine, the crime of buying and selling documents and fraud."
"Does the prosecutor have any evidence to show?"
Chen Tianci nodded and said, "The prosecutor requested the witness to appear in court."
"agree."
Soon, the witness was taken to the court by two bailiffs and presented to the witness stand.
This is a middle-aged man in his early forties, thin and wearing glasses.
Since the witness is from the prosecutor, the prosecutor takes the lead in asking the question.
At the beginning, it was all basic issues, in order to let the members of the collegial panel understand the witness and to make his subsequent testimony easier to be accepted.
The witness is named Fang Hai, who is 43 years old this year. He studied at a famous medical university. He had good academic performance and had a bright future, but when he was queuing up to make meals in the cafeteria, he accidentally rubbed his backpack on the buttocks of a female classmate.
The school ordered the school to drop out.
Enter society here.
Since it was not a degree certificate, it was difficult to find a satisfactory job. Fang Hai was once in a difficult life and became a "substitute gunman".
The main service targets are students from medical universities and those applying for medical qualification certificates.
He has completed the final exams for many students and helped several people get medical qualification certificates, including Zhang Renjie.
After some inquiry.
Fang Hai told all the things about how he contacted Zhang Renjie and how he helped him get away with the exam.
And a notebook is provided.
In the notebook, Fang Hai recorded the basic situation of all "customers".
Including name, age, substitute examination content, remuneration, etc.
After Chen Tianci asked, Chen Zhonghan looked at the defendant's seat and asked, "Does the defense lawyer have any questions to ask the witness?"
Chen Mengzhe slowly shook his head: "No."
"Okay, the witness leaves the court."
Fang Hai was taken away by the bailiff.
His questions will be heard later.
The court still conducted a court investigation around Zhang Renjie's criminal facts.
Chen Tianci stood up and said, "Based on the witness's confession and notebook evidence, it is enough to prove that the doctor's qualification examination that Zhang Renjie, the defendant No. 1, took on X-X on X, was replaced by someone else!"
"The evidence of the crime of replacing the examination is conclusive and there is no doubt."
"In addition, due to the fact that there are substitute for the examination, Zhang Renjie's practice of medicine in the past decade has been illegal, and he has been established as a crime of illegal practice of medicine!"
Just finished speaking.
Zhang Renjie immediately stood up and shouted: "No! I don't admit it!"