Becoming a lawyer starts with raising a Xiezhi

Chapter 127 Public Prosecution Opinions

Chapter 127 Public Prosecution Opinions
The judge also wondered, what does the public prosecutor want to object to?

The public prosecutor said: "The defender asked the defendant inducing questions to induce the defendant to speak, which should be stopped."

After Meng Lang heard this, although he was not convinced, but thinking about it, he was indeed suspected of being induced just now, so he said generously, "Since the public prosecutor raised it, my defender will change the way of questioning."

Hearing this, the female public prosecutor showed a triumphant smile on her face.When Meng Lang saw it, he thought to himself, you are a woman, and I don't have the same knowledge as you. If I were a male public prosecutor, I would have to fight you to the end.

After thinking about it secretly, he asked again: "Defendant, you were going to have sex with your wife. Did you find out where your wife was?"

Wang said: "My wife usually lives in the room next to me, so I went to the next room to find my wife. After I opened the door, it was dark inside, and I walked in without turning on the light. "

"Did you see who it was that lived in your wife's room?"

"No, I just thought it was my wife living there and didn't think much about it at the time."

"When you went to bed, did you disturb anyone on the bed?"

"No, I got into the bed as soon as I got into bed. I was very excited at the time. It's been a long time since I was newly married. How could I think so much? Just now the public prosecutor said that my wife is fat and Li is thin. Why didn't I find that it was Li? What do you think?" Thinking, at that time, in that situation, I only thought that the person on the bed was my wife, how could I think about whether she was fat or thin, so I slept together."

The judges on the trial bench all laughed secretly, and Meng Lang couldn't help laughing a little bit. After serving in the army for two or three years, a sow competed with Diaochan, and Wang hadn't seen his wife for half a month. When he got home, he was in a hurry to do that. It is very possible that I didn't think about other things for a while, but the public prosecutor still asked Wang from the perspective of a rational person, so he didn't understand men too much.

The presiding judge is a man, so he should understand, understand.

"When you had sex with Li, did Li have any reaction?" Meng Lang asked again.

Wang said: "There was no reaction at first, but when... we had sex, she woke up."

"How did she react when she woke up?"

"She was surprised, but she didn't refuse. Seeing her like this, I made a mistake. Afterwards, she didn't say anything about me."

"Report to the presiding judge, the defender has finished asking questions."

Meng Lang also finished asking questions, and the judge looked at Wang and asked, "Defendant, did you have a relationship with Li without Li's knowledge?"

Wang hurriedly said: "She didn't know at first, but later she found out."

After hearing this, the judge didn't say anything more, so he looked at the public prosecutor and said, "Now, the public prosecutor is asked to present evidence and conduct evidence cross-examination."

The public prosecutor listened and began to present evidence.The objective evidence in this case is mainly the DNA identification of Wang, and the source of the identification is the swab on the body of the victim Li.

Regarding this evidence, Meng Lang has no objection to its authenticity, but has objections to its relevance, because it does not prove that Wang raped Li, it can only prove that Wang and Li had a relationship.

Next, the public prosecutor submitted the testimony of witnesses, the statement of the victim, and Wang's statement during the investigation stage.

Among them, the statement of the victim Li Mou has a transcript made by the public prosecutor, which has not been submitted to the court before.Meng Lang looked at it and thought that Li had told the truth before, that is, when he went to see Li, why did he change his words now?This woman is really fickle.

Meng Lang then testified: "As for Li's transcript, the defender has doubts about its authenticity, because there is a big gap between her previous statement to the public security organ and the content of the transcript, and the public prosecutor has only submitted the transcript until now. The defender did not have sufficient time to prepare his defense, so the court should exclude this transcript or let Li directly appear in court to testify."

After hearing his words, the judge looked at the prosecutor and said, "Prosecutor, this transcript was not submitted to the court before, and now the defender has applied for exclusion. What do you need to explain?"

The prosecutor listened and said: "There is no problem with the authenticity of this transcript, but the time was a little rushed and it was not provided in time. The prosecutor believes that the transcript cannot be excluded. At the same time, the prosecutor does not agree to let the victim appear in court to testify."

Seeing what the prosecutor said, Meng Lang felt that she was a little too strong, and said immediately: "The victim's confession was repeated, and now she is not allowed to testify in court. I think this kind of evidence has serious problems and cannot be used as a basis for concluding the case. Defenders strongly request the victim to testify in court."

Seeing the prosecutor and defender talking head-to-head, the judge also frowned. If he completely ignored Meng Lang's opinion, there must be something wrong, because what Meng Lang said was reasonable and in compliance with the law, but if he listened The prosecutor would definitely not be happy if he heard Meng Lang's opinion.

After thinking for a while, the judge said: "The evidence should be presented and cross-examined first, and then the prosecution and the defense will jointly verify the victim. If the victim's statement is consistent with the evidence, then this court will accept it. If not, this court will accept it." The evidence is no longer accepted, public prosecutor, defender, can you both see it?"

The judge gave a compromise idea. After hearing this, Meng Lang thought that was the only way to go. It was unusually difficult for the victim to testify in court. Think about the victims of robbery and rape, how many would testify in court?

Meng Lang agreed. After hearing this, the prosecutor couldn't refute the judge's opinion, so he had no choice but to agree.

After presenting evidence and cross-examination, the court will enter the stage of debate.

First, the public prosecutor shall issue a public prosecution opinion.

The female public prosecutor said: "...the defendant Wang robbed and raped a woman against the woman's will, which violated the provisions of Article 236 of the Criminal Law. He should be investigated for criminal responsibility for the crime of robbery..."

As soon as the female public prosecutor finished her public prosecution opinion, Wang's face turned pale in an instant, because if he followed the public prosecutor's opinion, he would be finished, and he would be sentenced to two or three years in prison, and his whole life would change completely.

But after Meng Lang listened to the public prosecutor's public opinion, he remained calm, because in his opinion, the public prosecutor's public opinion was not very sufficient, and even a little forceful, obviously lacking in confidence.

According to the scriptures, no one knows how to go against the will of women and rape a woman. These are all dogmatic opinions, which are not combined with the facts of the case. Of course, this cannot be said that the prosecutors are not qualified enough, but because they are reluctant to prosecute this case. Insufficient evidence, so the public prosecution opinion had to be issued in this way, and then the difficult problem was thrown to the court.

(End of this chapter)

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