What's wrong with this lawyer?!

Chapter 229: The Meaning of Presumption of Innocence and the Death Penalty!_2



That's right, talking about Director Zhang from the leadership, the damn bastard just plays dumb whenever problems are brought up to him! As for the clothes, just spouting nonsense anyway, although he recognized it was Tang Fangjing in a glance... Hearing Ji Xugang's categorical voice, Tao Dongli also started to doubt, his eyesight is poor, so it wasn't impossible that he had seen incorrectly just now... Forget it, better head back first. On the other side, Old Tang had already gone downstairs and gotten into the car, and now, he finally understood that this mediator seemed to be on his side, but he still couldn't fathom why he was being so helpful. If you can't figure it out, then don't think about it. It's not something bad anyway, just ask him later. But with this development, next up is just focusing on preparing for the several retrial cases. Old Song had prepared very thoroughly in this aspect. However, after learning about these cases, Old Tang felt very uncomfortable. In fact, back in Old Tang's previous life, in the early 2000s, many legal professionals in the public prosecution and judicial system expressed their views: "Insufficient clarification of facts and evidence, send back for retrial" is itself very ambiguous. If the facts are unclear and the evidence is insufficient, then you can't convict someone. So, why would you send it back for a retrial? Isn't this contradictory to the legal principle "in dubio pro reo"? Under what circumstances should a case with unclear facts and insufficient evidence be sent back for a retrial? That would be when new evidence is discovered after review, then there is no issue with a retrial. Otherwise, Old Tang believes that in case reviews where the facts remain unclear and the evidence is insufficient, the higher courts should directly acquit the defendant! There was once a case, from long ago, which many law students have seen in their textbooks, a very classic case. Four suspects, since being charged, have collectively been sentenced to death four times. It was a case from the 90s, and since it was a major case, the intermediate court was responsible for the first instance, and all four were given immediate execution of the death penalty. A few of them appealed to the higher court, which "spared lives beneath the knife" by sending it back for retrial due to unclear facts and insufficient evidence and raised several doubts. It should be clarified here that retrial means you go through the trial process again. If a case is sent back for a retrial after an appeal from the first instance, the retrial is still considered a first instance, meaning you can appeal again, not just petition. What's the difference between an appeal and a petition? During an appeal, the judgment does not take effect because it is a two-instance final system. But a petition is different, it means that the judgment has been rendered in the second instance, and the petition process does not affect the execution of the judgment. Of course, the death penalty is a special case. If a person has already died, even if the petition succeeds, you cannot bring them back to life, so the death penalty review process exists. It's just that at that time, the review of the death penalty had not yet been handed over to the Supreme Court, and the local high courts could conduct it. Then... without any new evidence, the intermediate court sentenced them to death again upon retrial, followed by the same sequence of appeals, higher court sending it back for retrial, and intermediate court sentencing to death... This tug of war went on for three rounds until the fourth time, the high court did not send it back but directly commuted their sentences to suspended death sentences and life imprisonment, leaving some room for leniency. Miscarriages of justice affect not only the court. From the investigation, to the review for prosecution, to the judgment, it affects all three institutions! So Old Tang has never been convinced that a retrial ordered by the higher court is significant; it's never just a simple legal issue. Without a long-term commitment to struggle, it's impossible to unravel a miscarriage of justice. Time flew by to the afternoon, and Old Tang received a phone call. "Tomorrow morning at nine, right? Start with one, yes no problem," he said. After hanging up, Old Tang immediately dialed another number: "Hello, is this Liu Lili? Yes, this is Tang Fangjing. Your father's case is up for trial tomorrow morning at nine. If you want to attend, you should come to Lincheng today." On the other end of the phone, Liu Lili was overjoyed: "Lawyer Tang? Are you alright now? Are you handling the case again? Just a few days ago, Lawyer Song said the trial couldn't proceed." For Liu Lili and others involved, it has truly been a roller coaster. After the high court sent their thirty-one cases back for retrial, all the defendants and their immediate family believed that they could finally seek justice and have been waiting patiently. But as time went on without a word, and with the lawyers indicating that they couldn't even get a court date, the case kept getting dragged on. Just when they thought it was going nowhere, Lawyer Tang took over the case, and instantly set a trial date. Old Tang responded with a laugh: "I'm fine now. These cases are special, and it's faster with me handling them. Anyway, it's up to you to decide whether or not to come." After a bit more conversation, Old Tang ended the call, as he had other things to take care of. Liu Lili quickly began notifying her family; they must attend the trial! Time flew, and the next day, Old Tang got up early and arrived at the intermediate court, standing quietly outside waiting. Soon after, Liu Lili's family arrived, exchanging greetings without saying much. At nine o'clock, the criminal court session began with Tao Dongli, acting as Judgment Chief, announced the start of the trial. However... even though he was sitting up there wielding the gavel today, Tao Dongli still felt very passive. The prosecutor from the city's procuratorate was also present in court. Although both cases involved resistance during a forced demolition, Old Tang's defense strategy for this trial was different from Huang Licheng's case — Huang's act was determined to be intentional harm, with ample evidence, but it was justified due to legitimate self-defense. But this time, Liu Shangjin's case was mainly about unclear facts and insufficient evidence!

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