Chapter 115: Initiating Review and Supervision, Members of the Collegial Panel Taken Away for Investigation
At the trial scene.
The accusing side and the defendant’s side completely presented two different states.
On the judicial bench.
Faced with Wan Yuping’s questioning, Yu Caixia slightly frowned, but did not say much.
As Vice President of the Nandu High Court.
And as one specializing in criminal matters, having sentenced death row offenders.
After imposing the death penalty in court, she had encountered various situations as well.
However, extreme situations like today, where after the announcement of the closing of court Wan Yuping loudly questioned the judgment and directly said that such a sentence was direct killing and that she would sue them.
Were still relatively rare.
Yu Caixia looked toward the defendant’s family seating area:
“The trial proceeds in accordance with evidence and legal provisions, and if you have any dissatisfaction with the retrial judgment, then you may apply to the Supreme Court and Supreme Procuratorate to revoke the judgment.”
“However, the prerequisite is that you must produce evidence capable of overturning the judgment.”
“If you believe there are any problems with the adjudicatory personnel who rendered the judgment, you may also initiate a review and supervision procedure.”
After Yu Caixia finished speaking.
The bailiffs had already secured control of the scene.
To prevent unexpected circumstances from arising.
Under Qin Anhai’s soothing, Wan Yuping’s emotions had now calmed down.
But before she had the chance to begin saying anything, Yu Caixia and the other two adjudicators had already left the trial scene.
Wan Yuping looked at Qin Anhai nervously.
Qin Anhai glanced at Qin Xiaofeng in the defendant’s seat.
At this moment Qin Xiaofeng was filled inwardly with fear, and looked toward Qin Anhai, but before he could say anything, he was controlled by the bailiff beside him and was not permitted to speak.
Qin Xiaofeng’s gaze was complicated as he followed the bailiff out of the courtroom.
At the defendant lawyer’s seat.
After hearing the judgment, Jiang Min again lifted his head and glanced at Su Bai, then let out a long sigh.
This was fine now.
Ye Fei had been sent in, Zhang Xiao’s client had gone in, and his own client had gone down.
He had figured it out.
Their Nanyuan Law Firm and Su Bai were locked against each other, and every time they litigated, one person was randomly sent in.
He rubbed his brow.
If things continued like this, would not all the lawyers and clients of their Nanyuan Law Firm run away?!
However, in this hearing.
Jiang Min looked toward Qin Anhai and Wan Yuping in the family seating area.
In this hearing, for Qin Anhai and Wan Yuping, the problems were the greatest.
First of all.
Based on his many years of practice as a lawyer, the Supreme Court had rejected the second instance judgment and ordered a retrial.
The adjudicators previously arranged by the Nandu High Court had been barred from adjudicating this case under the principle of recusal.
Then Vice President Yu Caixia had conducted the hearing, without any problems whatsoever throughout the entire course of the trial, and the evidentiary basis for the judgment was sufficient.
The chance of appealing to the Supreme Court to apply for a retrial and altered judgment was very small.
It could not be said to be very small, it could only be said to be nonexistent.
There was fundamentally no opportunity anymore.
The death penalty had already been fixed, and there would not be any further opportunity.
Moreover.
This point was not even the most crucial one, the most crucial thing was the issues encountered throughout the entire hearing of this case.
Questioning, recusal!
And the determination of the surrender circumstance also had problems. The definition of resistance was somewhat vague, but slight resistance ordinarily would not have too great an impact on the determination of surrender, and belonged to a normal situation, and the law enforcement side should have described it in detail within the surrender circumstances.
And then determined it to be surrender.
However, in the evidence provided by the law enforcement side, there was no statement that Qin Xiaofeng had engaged in resistance.
Therefore the court, on this basis, determined that the evidence provided by the law enforcement side was insufficient, and this determination was reasonable.
As for the exact nature of Qin Xiaofeng’s resistant conduct, Jiang Min was not very clear.
But as an experienced criminal lawyer, he obviously understood the connection within it.
This matter was probably inseparable from Qin Anhai and Wan Yuping.
Hoo.
After sorting out all the connections, Jiang Min packed up the trial materials and glanced at Qin Anhai in the family seating area.
Based on the statements in the earlier trial.
Jiang Min did not believe that Su Bai would refrain from initiating a supervision and review procedure with respect to this hearing.
If he did initiate it.
Then the result could be imagined.
At the same time.
Su Bai also cast his gaze toward the family seating area, silently reciting: what remains now should be the submission of the review procedure.
This case.
Had many doubtful points.
There was probably quite a lot hidden within it, but with directional evidence and proof, it was entirely possible to initiate review and supervision.
At that time.
Tsk tsk tsk.
Li Xuezhen’s small face was full of smiles, they had won again!
Su Bai smiled: “Alright, the hearing is over, prepare to go back.”
“Alright Lawyer Su!”
Li Xuezhen followed behind Su Bai with a smiling face, pattering along.
At the same time, outside the courtroom.
Faced with the death penalty, the audience outside the live broadcast felt their anger had been somewhat relieved, but there were still many questions.
Now that the judgment had been issued.
The viewers then turned back to sort through these situations.
First: why did the adjudicator who initially heard the case not recuse himself on his own initiative, did something exist within this?
Second: some netizens described that regarding the law enforcement side, the details of the arrest and the determination of surrender all had to be written into the materials, but why, in Qin Xiaofeng’s case, was the determination of surrender not written into them?
Why was Qin Xiaofeng’s resistance to law enforcement and mentality of intentional escape not written into them?
Did Qin Xiaofeng count as having surrendered or not?
The first point was a questioning of the adjudicatory side.
The second point was a doubt regarding the law enforcement side.
The above two points were also the places where numerous netizens considered the determinations at first instance and second instance unreasonable.
“Why did this kind of situation occur, we need to understand the actual circumstances!”
“That is right, we absolutely must understand the actual circumstances, why did the above two situations occur, were they oversights by the adjudicatory personnel or were there other problems, we want the relevant departments to give us a satisfactory answer!”
After the hearing ended.
The attention surrounding Qin Xiaofeng’s case not only did not decline, but rose quite a bit.
What more people wanted to understand was whether there were problems with the relevant adjudicatory personnel and other aspects.
At the same time.
After the hearing ended, Su Bai also initiated the supervision and review procedure, determining that there were numerous doubtful points in the first and second instances of this case, that in the original first and second instances, the prosecution and the members of the collegial panel had not clearly understood the facts before rendering determinations.
And that the evidence materials provided by the law enforcement side were procedurally violative.
He requested that the relevant departments initiate a review procedure for this case.
Because this case had great public attention and there were doubtful points.
The relevant departments very quickly accepted the request for review.
At the same time.
Inside the Qin family home.
Wan Yuping’s expression was anxious: “Surname Qin, what exactly are you thinking, do you have any way or not!”
“Now the High Court is submitting some kind of death penalty application, and if you do not hurry, then Xiaofeng will be finished!”
“Hurry and think of a way!”
“That woman is already gone, but why should our son’s life be added to it!”
“Hurry up! Think of a way, go find your old classmates and old friends!”
Qin Anhai slightly frowned: “If something has happened to Xiaofeng, I am certainly more anxious than you are, but what is urgent now is not this matter, what is urgent is whether there were mistakes in our procedures at the time, and whether they will be discovered through review.”
“I have already found everyone I could find! It is of no use!”
“Did you not see how high the online questioning of this case is on the trending searches now!”
“And also!”
“Is this matter not your fault as well!”
“If you had not insisted at that time on making me find people, would we have ended up being seized upon in court! If they had not seized upon it, Xiaofeng could not possibly have been sentenced to death!”
“These are all the foolish things you did!”
“The foolish things I did?? And now you are blaming me again.? No, Qin Anhai, Xiaofeng is my son, is he no longer your son?!”
“You tell me!”
“We only have this one son, why can you not take this more seriously!”
Qin Anhai: “That is the death penalty! Not a suspended death sentence! It requires approval from the Supreme Court! Let me first think of a way, stop panicking for the moment!”
“Alright alright alright, you think, you think.”
Wan Yuping knew that panicking now was useless, so she simply stopped bringing it up.
Qin Anhai let out a long breath, smoked a cigarette, and slightly narrowed his eyes, and for the moment did not know what to do.
Now the problem was not only Qin Xiaofeng.
There was also their own problem.
Regarding the investigation of the case.
The relevant departmental personnel very quickly discovered the problems, and not only discovered that there were certain problems in the certification of the surrender circumstance.
They also discovered issues in the review at second instance.
He Hui and Qin Anhai had close dealings with each other.
At the Nandu High Court.
He Hui was sitting in his office, browsing the trending searches on his phone, feeling inwardly apprehensive.
When several law enforcement personnel pushed open the door and walked in.
After He Hui saw the supervisory uniforms of the law enforcement personnel, he was momentarily stunned for several seconds, and then spoke: “May I ask… what is the matter?”
The voice of the law enforcement personnel was stern:
“After our investigation, during the second instance judgment period, you violated the relevant regulation that adjudicatory personnel may not have contact with litigation parties, and we would like to ask you to come with us so that we may understand the relevant circumstances.”
After the law enforcement personnel displayed the relevant enforcement documents.
He Hui was slightly stunned for a moment.
“Alright.”
“However, when I rendered the judgment, I did everything in accordance with laws and regulations, and there was no unlawful conduct whatsoever, have you investigated this point clearly?”
Faced with this kind of situation.
The law enforcement personnel had seen it many times.
What did it mean to say that everything was done in accordance with laws and regulations?
The interpretation of the law originally had one part that belonged to inclination, and since there had been close dealings with the family members of the litigating party, then there certainly was no mistake about it.
The voice of the law enforcement personnel was cold: “We have already investigated it clearly, and we ask that you cooperate with our work.”
Hearing this tone, there was a thud in He Hui’s heart, and he nodded with a face full of worry.
“Alright, I will cooperate.”
At the same time.
The other two adjudicators in the second instance.
The original Presiding Judge Zhou Qiangsheng and Zhang Guangquan were also taken for investigation.
After learning what had happened, Zhou Qiangsheng was so angry that he almost cursed aloud!
What did this mean?
This He Hui, no wonder during the original second instance hearing he had kept speaking in order to excuse Qin Xiaofeng.
So it turned out that they had connections with each other!
Now it was fine, he had implicated him as well.
However Zhou Qiangsheng was likewise very glad that if he had not directly recessed the retrial and applied recusal.
Then what would have awaited him should have been even heavier punishment.
Thinking of this, Zhou Qiangsheng let out a long breath and, facing the law enforcement personnel, nodded in an easy manner.
“Alright, I am willing to accept any review and supervision.”
Likewise.
The Qin family.
While Wan Yuping was still worrying over how to help her son escape criminal liability.
Relevant law enforcement personnel came to the door.
“Hello, may I ask whether this is the home of Wan Yuping and Qin Anhai?”
When Wan Yuping saw law enforcement personnel coming to the door to investigate, there was a thud in her heart.
But she still forced herself to remain calm and said: “Yes, this is our home, I am Wan Yuping.”
“Hello, according to our investigation, Qin Anhai is suspected of obstructing judicial procedure, and we would like to ask where Qin Anhai is currently located.”
Qin Anhai was suspected of obstructing judicial procedure.
This.
Wan Yuping was somewhat nervous and asked: “On what basis have you determined that Qin Anhai is suspected of obstructing judicial procedure?”
“Regarding questions in this aspect, we have the right to refuse to answer, we only wish to understand Qin Anhai’s current situation from you, and we ask that you cooperate with our work.”
Wan Yuping was somewhat flustered, and before she had time to speak, Qin Anhai came out from inside the house.
“Hello, I am Qin Anhai, and I am willing to cooperate with your investigation.”
“Alright, then please come with us.”
As they spoke, the relevant law enforcement personnel took Qin Anhai away from the Qin home.
After Qin Anhai was taken away, Wan Yuping as a whole appeared extraordinarily nervous.
What should be done now?
Surely there would not be some problem, would there?
And if some problem did arise, what then?
At the same time.
Inside Baijun law Firm, Su Bai was leisurely drinking tea.
The review and supervision were probably now in the process of proceeding.
He just did not know what step it had reached at present.
He was somewhat looking forward to it.