My Wife is a Counsel Chapter 65: Litigation matters
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In the study, sitting across from Lu Ming was Liu He, the deputy director of the General Prosecutor's Office, who was also the leader of this special team. In addition, there was Wang Xiaohu, a member of the special team, who was the prosecutor of the North Black Mountain Fort District of the General Prosecutor's Office of the Republic of China. Head of the Department of Criminal Prosecutions.
Wang Xiaohu is an old acquaintance of Lu Ming. Lu Ming was his follower when he was in the Donghai Procuratorate. He admired Lu Ming very much at that time.
Now he is brought in from the East China Sea as an elite talent and appointed as the head of the criminal prosecution department of the most important regional prosecutor's office in the Republic, the Northern Montenegro Prosecutor's Office.
The Supreme Prosecutor’s Office also has a criminal prosecution center, but it mainly conducts research on criminal prosecution issues and interprets relevant laws and regulations.
The Grand Prosecutor's Office will not directly prosecute cases as the main body. Specific cases are handled by the regional prosecutor's offices.
For example, in the case of Kanjiazhuang, although the deputy director of the Grand Procuratorate serves as the leader of the joint task force, if the relevant criminal suspects are to be prosecuted, it is handed over to the Northern Heishanbu District Prosecutor's Office, specifically the Northern Heishanbao District Prosecutor's Office. Investigated by the Criminal Prosecution Division of the District Attorney's Office.
Wang Xiaohu is mainly reporting to Lu Ming now.
Wang Xiaohu led a team to investigate and interview almost all the villagers in Kanjiazhuang. Basically, they believed that the deceased Commissioner Li Fengshun raped the women of the village and shot the woman's husband. However, what happened between Kan Xuewu and other villagers and Li Fengshun What, the details are hard to tell clearly.
There are many possibilities. Perhaps, as Kan Xuewu and others said, the gun went off during the fight with Li Fengshun and Li Fengshun was killed.
However, we do not rule out the possibility that several people may have gunned down and killed someone.
In other words, the opinion of the Litigation Department is that if we continue to conduct in-depth investigations, a few people can only be released first.
Lu Ming listened without saying a word.
After a while, seeing that Liu He seemed to have no objections, Lu Ming was a little surprised and asked him: "You agreed to release them, why didn't you charge them with conspiracy to murder?"
Liu He hesitated and said, "I thought so at first, but Minister Xiaohu convinced me. First, what if the truth is really what they said, and they were just grabbing a gun and going off? Then, it would be difficult for them to convict them. Yes, even a better lawyer can claim it as self-defense; secondly, even if they team up to kill Commissioner Li Fengshun..."
Lu Ming waved his hand, "What commissioner? Although he is dead, his status as the integrity commissioner must be removed, and his pension and the like will naturally be gone."
Liu He nodded lightly and continued: "The second point is that even if they collaborated to murder Li Fengshun, if the whole case is not clear and they encounter a particularly powerful lawyer, such as..." After a cough, Liu He He didn't dare to say any more, but Wang Xiaohu's face showed a look of yearning.
Lu Ming understood that Xiaohu must have used himself and Liu He as examples.
Over there, Liu He continued: "If you meet a very high-level barrister, then it is very likely that all of them will be acquitted. I personally think that Minister Xiaohu is right. If the party does not have a lawyer or the quality of the lawyer is not high, we will be careless in handling the case.”
Lu Ming nodded: "Okay, then you continue, I will leave tomorrow and go to Northern Xinjiang."
……
After Liu He and Wang Xiaohu said goodbye, Lu Ming was in a good mood. Although it seemed to be an obvious case, the prosecutor was at a loss. Ordinary people would definitely feel that the prosecution was too unfair and it would be easy for the state agencies to let offenders. Where is the authority? What is the efficiency of breaking eucalyptus?
But Lu Ming was in a good mood and picked up the file to read.
If the prosecutor charges several people with conspiring to kill Li Fengshun, what will you do?
In fact, if a jury were set up in Anshan, it would be very difficult, and most of the people would be convicted.
If it were in the East China Sea, and the benefit of the doubt would be given to the defendant and it was deeply rooted in the hearts of the people, it would be very likely that several people would be acquitted.
There are some very classic cases similar to this. Several people can accuse each other of shooting Li Fengshun.
Coupled with the eloquent lawyer, it will be very difficult for the jurors to accurately determine who killed Li Fengshun, so it will be difficult to reach a consensus on guilt that everyone agrees with. In the end, it is likely that several people will be declared guilty. Not guilty.
Therefore, in this type of lawsuit involving multiple people, we must try our best to clarify what happened and present it clearly to the jury.
The main thing is to attack several criminal suspects and disrupt their collusive confessions.
In fact, for this reporter, if a few villagers could make up a confession, how flawless it would be.
Especially, the more people collude in confessing, and when several people tell the story of what happened, the more likely it is that there will be mistakes in the small details.
With Wang Xiaohu's current interrogation skills, it is easy to break through their psychological defenses.
But so far, I haven't found any flaws in their confessions. From my own perspective, I actually tend to believe that they were grabbing guns in the chaos and the gun went off.
Of course, if they were charged with committing murder regardless of the circumstances, the jury in North Montenegro would definitely find them guilty.
Lu Ming's face gradually became serious. There is no doubt that jurors' tendencies also exist in lawsuits in Northern Xinjiang.
After all, the ordinary people in northern Xinjiang must regard the Miyuan Horse Bandits as their own army.
Our own troops are burning, killing and looting outside, and maybe they feel relieved in their hearts.
Those atrocities will be whitewashed as acts of war. If I were the lawyer of the Mihara Horse Bandit Gang, I would fight in this direction.
For example, link the resistance of the vigilante groups to the massacre of the people.
The defense is that this kind of militia behavior makes it difficult for Ma Quanyou's army to distinguish between civilians and soldiers.
The people in northern Xinjiang will also feel that these are actions of last resort.
In particular, when it comes to prosecuting Ma Quanyou's gang, it is definitely impossible to find out the specific soldier who committed the atrocities. It is Ma Quanyou and his group of officers who are being prosecuted.
Then, the other party's lawyers can explain that many of the atrocities were not ordered by Ma Quanyou and his commanders, but were uncontrollable acts during the war.
Just like in previous lives, if those war criminals who invaded their own country were judged using a jury model and used nationals of their own country as jurors, they would probably all be innocent.
Thinking about it, Lu Ming picked up a pen and paper and sketched it out. If the Donghai lawyer team in his firm did not realize this, this lawsuit would not be fought.
Da da da da, there was a gentle knock on the study door, and it was the Kan sisters who came in.
"Master, Gao Mama came here just now. She was crying and wanted to thank the master, saying that Xuewu has been released!"
As the elder sister, Kan Shouxi has always been the spokesperson of the two sisters. The two sisters are two years apart, Kan Shouxi is 20 years old and Kan Shouyi is 18 years old.
It has been less than half a year since I got married to An Laoheng’s thirteenth son, An Minghan.
The two of them got married relatively late, mainly because the Kan family originally wanted to use their sisters to get married, and they got engaged to An Minghan when they were very young. An Minghan got married just after he turned sixteen.
Lu Ming smiled after hearing Kan Shouxi's words: "They have only temporarily regained their freedom, and they have to cooperate with the investigation. They also said they are not allowed to leave the Kanjiazhuang area, right? And you two should know that this has nothing to do with me."
Kan Shouxi nodded lightly: "We also told Gao MaMa, but she didn't believe it, and she is very grateful to me."
Lu Ming waved his hand, "We won't discuss this. By the way, your cousin Kan Jiayuan, I think he is a good guy. You can ask him if he is interested in working in the Ministry of Education? I can write a letter of recommendation. Of course, I can If you can't get hired, you still have to look at his talent and the results of the interview."
Kan Shouxi and Kan Shouyi looked at each other, with joy in their beautiful eyes. Kan Shouxi said: "Yes."
Lu Ming smiled again and said: "It seems that you two sisters are collaborating on writing a novel? Bring it to me later."
The Kan sisters were educated in literature, but neither of them thought that one day they would write novels. They never expected that they would have such freedom and time.
"Are you watching now?" Kan Shouxi asked in a low voice.
In fact, for new writers, there is a sense of shame when the novels written are read by people close to them.
Lu Ming did not expect that she would agree so readily, so he coughed and said, "Wait until I come back from Northern Xinjiang."
"Okay!" The Kan sisters breathed a sigh of relief.