Chapter 130: I Will State It Directly, I Suspect You Committed Perjury!

Bang bang bang!

At the trial bench seat, after Wang Jianjun listened to Su Bai’s statement.

He lowered his head and looked at the evidentiary materials of the court hearing.

Immediately afterwards, he looked toward the accused side’s seat and spoke:

“Regarding the issues raised by the litigation party, does the litigation agent of the accused side have anything to say…?”

He directly placed the pressure on Yan Xiangshang.

After Yan Xiangshang took a deep breath, he understood that he could not continue discussing this topic or allow the other party to continue to deepen it.

Therefore he directly shifted the topic and guided the discussion to another place.

“Presiding Judge.”

“I do not agree with the viewpoint of the litigation party…”

“State your viewpoint.”

Wang Jianjun directly instructed Yan Xiangshang to make his statement.

After Yan Xiangshang organized the materials on his side, he immediately spoke:

“According to the statement of the litigation party’s lawyer.”

“The litigation party’s lawyer is completely shifting the focus point of Lin Haoxue’s conviction.”

“First:”

“According to the evidence at that time… it had already indicated that all criminal suspicion was on Lin Haoxue.”

“It was not as stated by the litigation party that it was only because Lin Haoxue discovered the victim’s corpse that he was accused as a criminal suspect.”

“Rather it was after a long period of screening at that time, after screening many criminal suspects, that Lin Haoxue was determined to be the greatest criminal suspect at that time, thereby confirming that he was the criminal suspect.”

This explanation by Yan Xiangshang.

Directly denied Su Bai’s accusation.

Su Bai’s meaning was that the law enforcement side determined him as a suspect and transferred him to the procuratorate because Lin Haoxue discovered the female corpse.

Regardless of whether the situation at that time was like this.

This point certainly could not be admitted.

Otherwise it would very easily create the impression of violating rules and arbitrarily accusing.

At that time it would certainly become an even more troublesome matter.

Therefore it had to be refuted.

After explaining this point, Yan Xiangshang again responded according to the other targeted questions raised by Su Bai.

“Regarding the matter raised by the litigation party that our side did not have strong criminal evidence against Lin Haoxue yet transferred him to the procuratorate, our side likewise does not agree.”

“First:”

“Under the circumstances at that time, all the evidence and suspicion had already indicated that this crime was committed by Lin Haoxue.”

“And there was Lin Haoxue’s confession.”

“The criminal facts of Lin Haoxue, this point was confirmed by our side after repeated investigation and searching for evidence.”

“Transferring him to the procuratorate was our responsibility.”

“As for confirming evidence, that was the responsibility of the procuratorate, and as for adjudication, that was the responsibility of the court and had no relation with our side.”

“The litigation party accuses our side of having negligent fault conduct, our side believes this is unreasonable.”

“And according to the relevant provisions of the law, only after the court has made a judgment can it be determined whether criminal facts exist or whether criminal facts do not exist.”

“Now the court has not yet made a judgment, the litigation party says that our side’s accusation against Lin Haoxue had negligent conduct, may I ask are you directly challenging the definition of the law?”

“On what basis do you determine that Lin Haoxue is now no longer a criminal? Now there has still not yet been a judgment by the court.”

“As for the issue raised by the litigation party that our side did not have strong evidence at that time, Presiding Judge, our side believes that the litigation party is completely guiding the direction of the court hearing based on one sided information.”

“The statement by the litigation party that there was no strong evidence is completely nonsense.”

“At that time the determination of Lin Manhao’s criminal facts lay in the fact that the victim’s fingernails contained Lin Manhao’s DNA.”

“Is this not strong evidence?!”

In order for his side not to bear responsibility, Yan Xiangshang directly shifted the problem to other aspects.

And he also questioned Su Bai with two questions.

Su Bai’s gaze fell on Yan Xiangshang.

Interesting…

No wonder he could sit opposite today… relying solely on these few counter questions.

It was possible that some ordinary lawyers might be unable to withstand them.

If following the thinking of the other party.

Indeed.

Being able to make such a judgment, then the public security organs, the procuratorate, and the court all had certain responsibility.

After all the three parties all had joint relations.

Of course.

Su Bai did not know whether Yan Xiangshang intentionally said these words.

Most likely it was… to make him not only question one side?

To look more at other sides?

Su Bai did not know whether there were other meanings in these words.

Only… these words were not very friendly to the members of the collegial panel on the trial bench.

You argue then argue, why involve other sides, do you want to clarify responsibility relations?

Wang Jianjun: ???

Whether there were other meanings I do not care.

Do you think you can influence my judgment in this way?

I will adjudicate according to legal facts as I should adjudicate!

If you lose the court hearing debate and I adjudge you lose what problem is there?

Otherwise why would the Higher People’s Court let me as Vice President adjudicate this case.

After hearing Yan Xiangshang’s argument, Wang Jianjun felt somewhat displeased in his heart.

However this did not affect too much his subjective determination regarding the court hearing.

In one sentence, adjudicate as it should be adjudicated!

However… facing Yan Xiangshang’s questioning.

Su Bai felt secretly pleased in his heart.

You yourself raised this topic…

I originally intended to mention it later, but since you said this, then I can only follow your intention.

Yes!

There indeed was Lin Manhao’s DNA in the victim female’s fingernails, if speaking in this way it indeed was strong evidence.

But can you accuse a person of committing a crime based on one single sided piece of evidence?!

On what basis?!

What does the definition of the law say?!

Can merely DNA verification determine that a person committed a crime?

How did this DNA come about do you not know?

After the court hearing progressed to this stage, the arguments and progress between the litigation parties completely concerned evidence and whether the evidence conformed to procedural rules.

Bang bang!

“Please the litigation party make a statement.”

“Okay Presiding Judge.”

Su Bai spoke: “May I ask the accused side, you said that many persons were visited and investigated and many suspects were identified among them, is there evidence that can prove this?”

“And furthermore… our side did not guide the court hearing based on one sided information, the strong evidence referred to by the accused side refers to the DNA examination report.”

“For general circumstances the DNA appraisal report indeed is a strong piece of evidence.”

“But according to Article 50 of the Criminal Procedure Law, regarding the meaning of evidence and the statutory categories.”

“It states:”

“Materials that can be used to prove the facts of a case are all evidence, including physical evidence, documentary evidence, witness testimony, victim statements, criminal suspect and defendant confessions and defenses, appraisal opinions, records of inspection, examination, identification, investigative experiments, as well as audio visual materials and electronic data and so forth.”

“DNA appraisal is evidence, but according to Article 50 of the Criminal Procedure Law there are also clear provisions regarding the scope of application of evidence.”

“Evidence must be verified as true before it can be used as the basis for deciding a case, the appraisal result is not the final conclusion, it still needs relevant departments through judicial organs combined with the entire case as well as other evidence to conduct examination and judgment, after verification as true it can be used as the basis for deciding a case.”

“But in this case, during the examination stage, without combining other evidence the facts were directly determined, and directly through the DNA examination report the factual basis for Lin Haoxue’s criminal facts was determined, which clearly does not conform to the legal basis.”

“At the same time.”

“According to the statement of our client Lin Haoxue, he had already stated and explained at that time the source of the bloodstains on his body.”

“The statement of the criminal suspect is a key source of evidence among evidence.”

“When conflicts occur in evidence, according to the provisions of the law it should be verified as true, that is to say it is necessary to verify the source of the bloodstains on Lin Haoxue’s body before determining that the DNA appraisal report is correct.”

“Relying solely on one DNA piece of evidence cannot represent strong evidence.”

“Similarly, only producing one DNA piece of evidence and not verifying the criminal suspect’s statement constitutes procedural violation, then how can it be determined that the DNA report is accurate?”

“In another way of speaking, our side questions the legality of the source of the DNA report!”

Now it was directly beginning to question the authenticity of the evidence.

Su Bai stated from the legally defined categories of evidence to the explanations and applications guided by the Supreme People’s Court and the Supreme People’s Procuratorate.

Combined with the case.

The final sentence formed a decisive statement.

Without considering the overall circumstances of the case, how can a criminal suspect be determined based solely on one DNA report?

In any case it can only be said that DNA is taken as primary evidence rather than the only evidence.

Since the criminal suspect had put forward his own explanation, then verification needed to be conducted, only after verification could the next step of trial adjudication be carried out.

If the criminal suspect could not produce other evidence and explanations then it would be acceptable.

There were explanations and rebuttals.

The criminal suspect had already begun to question the source of your DNA.

If you still rely on DNA to speak about the matter, then I must question the authenticity of the source of your DNA report!

This point Su Bai originally intended to raise later.

But unexpectedly Yan Xiangshang directly raised it, therefore he was not polite and directly followed this line of argument.

Actually.

From the case file and evidence.

Su Bai had always had doubts regarding this DNA appraisal.

You already conducted DNA appraisal and had already established Lin Haoxue’s criminal facts.

Would you still care about spending that little time to verify the source of the bloodstains stated by Lin Manhao?

Under normal circumstances certainly not!

It should be known.

Not verifying the relevant important testimony provided by the criminal suspect already constituted a major procedural violation.

If a lawyer raised it in court, then the court would basically determine because of this that the accusation evidence was insufficient and the procuratorate would lose the case.

The main evidence was already present.

Yet you still made it so troublesome and insisted on making a judgment in violation of procedure?

In this there being no problem, who would believe it?

This was mutual supervision among the three parties!

Such a major procedural loophole, not knowing?

Impossible not to know…

Impossible not to know… yet such a problem still appeared.

What else could this be if not a wrongful case?!

After Su Bai raised the questioning, cold sweat suddenly appeared on Yan Xiangshang’s back.

This problem… indeed was a difficult problem to resolve.

At the same time.

Outside the courtroom, inside Luo Daxiang’s livestream room, many enthusiastic viewers were continuously leaving comments.

My goodness, I directly say my goodness, is not the most exciting part arriving now?

Hahaha!

This question is simply excellent, directly questioning the source of the evidence, if this is not handled well I think the professional career of the accused side lawyer will end here.

Judging from Lawyer Su’s questioning, I think there really is some problem otherwise Lawyer Su would not directly ask it.

But this time I think the accused side lawyer has led himself into difficulty, if he had not raised anything about DNA then Lawyer Su might not have questioned this point.

But now that it has been raised, if the other side cannot answer well then the lawyer’s professional career will really end here.

Indeed… originally when I first heard the accused side lawyer raise the issue I was still thinking whether Lawyer Su would overturn this time, now it seems that my knowledge was shallow, it turns out Lawyer Su was waiting for this move!

Hahaha!

At the beginning I also thought so, but thinking again how could Lawyer Su overturn because of this!

Lawyer Su: damn, the opposite lawyer sent a big gift!

Hahaha…

Teacher Luo, what do you think about this court hearing? Is there some problem?

Yes yes yes, Teacher Luo, what do you think?

Facing the inquiries of the fans, Luo Daxiang smiled and spoke:

“At present it seems that the litigation party occupies a certain advantage, but the specific situation still needs further confirmation through the court hearing.”

Luo Daxiang’s words were somewhat vague, but in his heart he had already determined that this case had certain problems.

However he was in a livestream.

The court hearing had not yet ended, so he certainly could not directly say that this case was a wrongful case.

At the same time.

In Jiangdu, inside a certain residential community.

After hearing Su Bai’s questioning, Hu Yulong was stunned twice.

He stared directly at the court hearing livestream.

No… was this question raised so sharply?

What was Yan Xiangshang doing!

Litigating a case into such a situation!

At the beginning when questioning it was still quite good, but later the other side turned from passive to active.

What was going on?

Hu Yulong irritably rubbed his brow and stared closely at the court hearing livestream.

There absolutely could not be problems in this case!

Otherwise…

After thinking of the consequences, Hu Yulong could not help but shiver.

However now he could do nothing and could only place hope on Yan Xiangshang.

Hoping that he could rebut it.

Hu Yulong’s expression was tense and he did not say anything further.

At the same time.

At the procuratorate’s seat, facing Su Bai’s aggressive statement, Kong Jiantu could not help but feel secretly fortunate in his heart.

Fortunately fortunately…

Fortunately he had not participated in this matter.

Otherwise after this court hearing ended he would lose his identity as a public prosecutor.

Not only would he lose it, but it might very possibly cause other unexpected matters…

Hiss…

Top criminal lawyers in the country were indeed formidable!

Kong Jiantu silently recited in his heart and also reminded himself that in what followed he must be cautious in speech and action.

Say less when possible and if something cannot be said then absolutely do not say it.

Hu…

In the courtroom.

Yan Xiangshang had already adjusted his emotions and slightly raised his head to look toward the trial bench.

Li Xuezhen’s small face looked excitedly at Yan Xiangshang.

After noticing that there was a line of sight falling on him, Yan Xiangshang subconsciously looked toward Li Xuezhen.

???

What was this for?

At the trial bench.

At the presiding judge’s seat, after Wang Jianjun listened to Su Bai’s statement.

He slightly frowned and looked toward the other two judges.

Zhou Yun and Zhu Chaoyang slightly nodded, Wang Jianjun struck the gavel and spoke:

“Now the points of dispute produced between the litigation party and the accused side are summarized.”

“The litigation party believes that the accused side transferred the case to the procuratorate without substantive evidence which does not conform to procedure and has certain fault and also determines that its evidence has certain errors.”

“The accused side believes there was no fault, the key point of no fault lies in that DNA appraisal is the primary evidence and through DNA appraisal it refutes that the first instance judgment had problems.”

“Does the procuratorate have anything to say?”

Kong Jiantu: I cannot avoid it fast enough and still speak? Not speak.

Kong Jiantu clearly understood in his heart that this court hearing had nothing to do with him.

If he spoke more then it would have something to do with him.

Therefore if he could remain silent then he should remain silent.

“Presiding Judge, our side has no statement to make.”

Bang bang!

“Mm!”

At the presiding judge’s seat Wang Jianjun struck the gavel.

“The point of dispute between both parties lies in whether DNA appraisal can constitute factual evidence for determining Lin Haoxue guilty, regarding this point do the litigation party and the accused side have any objections?”

Su Bai: “Our side has no objections.”

Yan Xiangshang: “Our side has no objections.”

“Very well, regarding this point both parties have no objections, then argument will be conducted on this point.”

“Does the litigation party have anything to raise?”

Su Bai spoke: “Our side raises a question regarding the authenticity of the DNA report submitted by the accused side.”

“Our side requests the other party to verify the complete procedure and accuracy of the DNA appraisal report in order to verify whether the DNA procedure violated regulations… and whether it constitutes false evidence!”

Bang bang bang!

“Application approved!”

“Now please the accused side provide the accuracy of the authentic DNA report as well as the complete procedure.”

“Okay.”

Yan Xiangshang nodded and spoke, immediately afterwards he handed the prepared materials to the staff member beside him.

After Presiding Judge Wang Jianjun reviewed them, he then transferred them to Su Bai.

Su Bai only roughly browsed them once and again raised a question: “I would like to ask the agent of the defendant side, how do you verify that this DNA report is not fabricated?”

“What do you mean? The authenticity of this DNA report has already been appraised by relevant institutions and there will not be any problem, if your side believes there is any problem, another appraisal may be conducted again.”

Facing Yan Xiangshang’s explanation.

Su Bai’s gaze was fixed tightly on Yan Xiangshang’s face.

You understand but pretend not to understand is that correct?

Deliberately pretending not to understand is that correct…

Is this what I asked?

What I asked is how do you determine whether this DNA report of yours has a fabricated procedure!

To state it clearly.

Is this DNA report planted evidence for framing someone? Do not pretend not to understand!