Becoming a lawyer starts with raising a Xiezhi
Chapter 125 Objection Valid
Chapter 125 Objection Valid
Meng Lang raised his hand to express his objection, the prosecutor stopped, and the judge asked, "What does the defender want to object?"
Meng Lang said: "The public prosecutor's use of inductive interrogation does not comply with the law. The defender asks the public prosecutor to re-interrogate this question."
The public prosecutor retorted: "The public prosecutor did not conduct inductive interrogation, and the defender's objection is unreasonable."
Meng Lang said: "The defendant has already answered the question about his relationship with Li. The prosecutor wants the defendant to admit that his relationship with Li is an ordinary friend relationship. Isn't this an induced interrogation?"
Prosecutor: "I just made a summary of what he said. He said that the relationship between the two is not bad, and the attention is just not bad. Doesn't that mean that the relationship between the two is normal?"
Meng Lang said: "The evidence in the criminal case is rigorous. The defender would like to ask the public prosecutor, if the relationship between the defendant and Li is an ordinary friend relationship, then what is a special friend relationship?"
"..." The public prosecutor was dumb for a while, but did not answer.
The female public prosecutor was very embarrassed, and the public prosecution assistant next to her hurriedly answered: "A special friendship is that kind of very close friendship. In our daily life, don't we often say that we are just ordinary friends, doesn't it mean that the relationship is ordinary? Doesn't the defender understand what that means?"
Meng Lang smiled lightly and said, "I understand the meaning of this statement, but it doesn't mean it can appear in court because it's too imprecise. I don't object to the prosecutor saying this, but you can't use induced interrogation , to question the defendant on this matter."
After the two sides talked back and forth for a few words, the judge said at this time: "The objection is valid, and the public prosecutor can use other methods to interrogate the defendant."
Hearing this, meng lang couldn't help but feel happy. He didn't expect the judge to not favor the prosecutor.
The female public prosecutor almost rolled her eyes in court, only to see her chest heaving for a while, and continued to interrogate: "Defendant, have you had sexual relations with the victim Li before?"
Wang said: "No. But I usually have a little ambiguity with her, for example, just joking or something."
After hearing this, the public prosecutor looked at him with a displeased expression, and asked, "Did you contact your wife beforehand when you came back from work that night?"
Wang said: "I didn't contact her in advance because I wanted to give her a surprise."
"How long has it been since you and your wife saw each other?"
"About half a month."
"Do you know that Mr. Li often lives in your house?"
"I... know a little bit."
"What does it mean to know a little?"
Wang said: "My wife told me that Li would sometimes live in my house."
The public prosecutor asked: "Then when you went home that night, did you know that Li lived in your house?"
Wang said: "I don't know."
The public prosecutor said: "You said that you haven't seen your wife for half a month, and now you suddenly go home to give her a surprise, but you know that Li sometimes lives in your house, shouldn't you ask in advance, that night, Li Is someone at your house?"
Wang: "..."
"I don't understand what the prosecutor means. I want to go home and give my wife a surprise. Why do I need to ask if Li is at my house in advance?"
I saw a slight blush on the prosecutor's face, but she still said seriously: "Is it convenient for you to go home that night and live as a couple with your wife if there are outsiders around?"
Wang: "..."
"I didn't think much about it at the time, I was not as thoughtful as the prosecutor."
"You're a grown man, how can you be thoughtful about this kind of thing? You should know that Mr. Li might be at your house!"
Meng Lang suddenly raised his hand again and said, "I object."
"What do you object to?" asked the judge.
Meng Lang: "The public prosecutor just inferred that the defendant should know something. I think this kind of inferential words should be put in the final indictment instead of asking my client during the court investigation stage. Did my client know and should What he says prevails, not inferential conclusions."
The prosecutor looked very ugly and replied to Meng Lang: "I remind the defendant's defense lawyer that some common sense facts are also facts, not just inferences, just like the sun is destined to rise tomorrow morning. This is not an inference, but an inference. It is a fact that the defendant clearly knew that Li often lived in his home, and he did not confirm whether Li was at his home before returning home. This does not comply with the normal logic of behavior."
"I think the public prosecutor is changing the concept secretly, and it is difficult for others. The sun rises every day, not common sense, but an objective law. But whether my client can consider whether other people are in his home is a matter of his subjective understanding. There is a big difference between subjective and objective."
When Meng Lang reached this point, the judge suddenly said, "The defender's objection is invalid, please continue to ask questions."
Meng Lang listened and smiled, so he had no choice but to look at the prosecutor and listen to the prosecutor continue to interrogate Wang.
"Defendant, if you want to surprise your wife before you go home, have you checked where your wife lives after you get home?" the prosecutor asked again.
Wang said: "When I got home, I saw that the lights in the house had been turned off, which meant that my wife had fallen asleep. It was inconvenient for me to disturb her, so I quietly washed it and went to bed."
"At this time, you still haven't thought about the fact that Li may be in your house?"
"I didn't think that I would think so much about whether she is in my house or not. It is impossible for her to live in my house every day."
Seeing what he said, the public prosecutor seemed unhappy, so he continued, "Well, whose house did you enter at that time?"
Wang said: "It's my wife's house."
"When you went in, did you turn on the lights or turn them off?"
"Turn off the lights, you can't see anything inside."
"Do you know which house Li lives in in your house?"
"I don't know. Our house has four bedrooms and two living rooms. She can live in other rooms."
"Does your wife look the same as Li?"
"It's not the same. My wife is fatter, and Li is thinner."
"Very well, your wife is different from Mr. Li in fat and thin. Didn't you realize that she is not your wife when you slept in Mrs. Li's bed?"
"..." Wang was a little dumb.
"I object." Meng Lang hurriedly stood up and expressed his objection again.
The public prosecutor was annoyed, and said directly to the judge: "The defender abused his right of objection and arbitrarily interrupted the public prosecutor's questioning, please admonish him from the court!"
Meng Lang hurriedly raised his hand and said, "The public prosecutor has used a rhetorical tone many times to question my client, which has a strong personal touch. I think this is against the objective, rational and peaceful work style that a public prosecutor should have. It is not fair to my client. , ask the court to stop it."
"I..." The female prosecutor was so angry that she was a little speechless.
"The defender's objection is invalid, please continue to interrogate the public prosecutor." The judge helped the public prosecutor.
(End of this chapter)
Meng Lang raised his hand to express his objection, the prosecutor stopped, and the judge asked, "What does the defender want to object?"
Meng Lang said: "The public prosecutor's use of inductive interrogation does not comply with the law. The defender asks the public prosecutor to re-interrogate this question."
The public prosecutor retorted: "The public prosecutor did not conduct inductive interrogation, and the defender's objection is unreasonable."
Meng Lang said: "The defendant has already answered the question about his relationship with Li. The prosecutor wants the defendant to admit that his relationship with Li is an ordinary friend relationship. Isn't this an induced interrogation?"
Prosecutor: "I just made a summary of what he said. He said that the relationship between the two is not bad, and the attention is just not bad. Doesn't that mean that the relationship between the two is normal?"
Meng Lang said: "The evidence in the criminal case is rigorous. The defender would like to ask the public prosecutor, if the relationship between the defendant and Li is an ordinary friend relationship, then what is a special friend relationship?"
"..." The public prosecutor was dumb for a while, but did not answer.
The female public prosecutor was very embarrassed, and the public prosecution assistant next to her hurriedly answered: "A special friendship is that kind of very close friendship. In our daily life, don't we often say that we are just ordinary friends, doesn't it mean that the relationship is ordinary? Doesn't the defender understand what that means?"
Meng Lang smiled lightly and said, "I understand the meaning of this statement, but it doesn't mean it can appear in court because it's too imprecise. I don't object to the prosecutor saying this, but you can't use induced interrogation , to question the defendant on this matter."
After the two sides talked back and forth for a few words, the judge said at this time: "The objection is valid, and the public prosecutor can use other methods to interrogate the defendant."
Hearing this, meng lang couldn't help but feel happy. He didn't expect the judge to not favor the prosecutor.
The female public prosecutor almost rolled her eyes in court, only to see her chest heaving for a while, and continued to interrogate: "Defendant, have you had sexual relations with the victim Li before?"
Wang said: "No. But I usually have a little ambiguity with her, for example, just joking or something."
After hearing this, the public prosecutor looked at him with a displeased expression, and asked, "Did you contact your wife beforehand when you came back from work that night?"
Wang said: "I didn't contact her in advance because I wanted to give her a surprise."
"How long has it been since you and your wife saw each other?"
"About half a month."
"Do you know that Mr. Li often lives in your house?"
"I... know a little bit."
"What does it mean to know a little?"
Wang said: "My wife told me that Li would sometimes live in my house."
The public prosecutor asked: "Then when you went home that night, did you know that Li lived in your house?"
Wang said: "I don't know."
The public prosecutor said: "You said that you haven't seen your wife for half a month, and now you suddenly go home to give her a surprise, but you know that Li sometimes lives in your house, shouldn't you ask in advance, that night, Li Is someone at your house?"
Wang: "..."
"I don't understand what the prosecutor means. I want to go home and give my wife a surprise. Why do I need to ask if Li is at my house in advance?"
I saw a slight blush on the prosecutor's face, but she still said seriously: "Is it convenient for you to go home that night and live as a couple with your wife if there are outsiders around?"
Wang: "..."
"I didn't think much about it at the time, I was not as thoughtful as the prosecutor."
"You're a grown man, how can you be thoughtful about this kind of thing? You should know that Mr. Li might be at your house!"
Meng Lang suddenly raised his hand again and said, "I object."
"What do you object to?" asked the judge.
Meng Lang: "The public prosecutor just inferred that the defendant should know something. I think this kind of inferential words should be put in the final indictment instead of asking my client during the court investigation stage. Did my client know and should What he says prevails, not inferential conclusions."
The prosecutor looked very ugly and replied to Meng Lang: "I remind the defendant's defense lawyer that some common sense facts are also facts, not just inferences, just like the sun is destined to rise tomorrow morning. This is not an inference, but an inference. It is a fact that the defendant clearly knew that Li often lived in his home, and he did not confirm whether Li was at his home before returning home. This does not comply with the normal logic of behavior."
"I think the public prosecutor is changing the concept secretly, and it is difficult for others. The sun rises every day, not common sense, but an objective law. But whether my client can consider whether other people are in his home is a matter of his subjective understanding. There is a big difference between subjective and objective."
When Meng Lang reached this point, the judge suddenly said, "The defender's objection is invalid, please continue to ask questions."
Meng Lang listened and smiled, so he had no choice but to look at the prosecutor and listen to the prosecutor continue to interrogate Wang.
"Defendant, if you want to surprise your wife before you go home, have you checked where your wife lives after you get home?" the prosecutor asked again.
Wang said: "When I got home, I saw that the lights in the house had been turned off, which meant that my wife had fallen asleep. It was inconvenient for me to disturb her, so I quietly washed it and went to bed."
"At this time, you still haven't thought about the fact that Li may be in your house?"
"I didn't think that I would think so much about whether she is in my house or not. It is impossible for her to live in my house every day."
Seeing what he said, the public prosecutor seemed unhappy, so he continued, "Well, whose house did you enter at that time?"
Wang said: "It's my wife's house."
"When you went in, did you turn on the lights or turn them off?"
"Turn off the lights, you can't see anything inside."
"Do you know which house Li lives in in your house?"
"I don't know. Our house has four bedrooms and two living rooms. She can live in other rooms."
"Does your wife look the same as Li?"
"It's not the same. My wife is fatter, and Li is thinner."
"Very well, your wife is different from Mr. Li in fat and thin. Didn't you realize that she is not your wife when you slept in Mrs. Li's bed?"
"..." Wang was a little dumb.
"I object." Meng Lang hurriedly stood up and expressed his objection again.
The public prosecutor was annoyed, and said directly to the judge: "The defender abused his right of objection and arbitrarily interrupted the public prosecutor's questioning, please admonish him from the court!"
Meng Lang hurriedly raised his hand and said, "The public prosecutor has used a rhetorical tone many times to question my client, which has a strong personal touch. I think this is against the objective, rational and peaceful work style that a public prosecutor should have. It is not fair to my client. , ask the court to stop it."
"I..." The female prosecutor was so angry that she was a little speechless.
"The defender's objection is invalid, please continue to interrogate the public prosecutor." The judge helped the public prosecutor.
(End of this chapter)
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