What's wrong with this lawyer?!
Chapter 229: The Meaning of Presumption of Innocence and the Death Penalty!_3
The procedures were just as procedural, and Old Tang's main issue in the case was whether Liu Shangjin truly had the subjective intent to cause harm!
"We all know that to establish the crime of intentional injury, it's not only necessary to have the objective act of using force and causing harm, but there must also be subjective intent!"
"In this case, the victim Liu and the others forcibly invaded our client's residence, intending to take him away; during this process, Liu grabbed our client's arm and forcefully dragged him."
"A comprehensive review of the evidence and witness testimony can confirm that our client's action of grabbing Liu's arm was to push the other party away to obtain freedom, not to harm the other side."
For a legal veteran like Old Tang, this line of thought in criminal cases wasn't difficult, the hard part was whether the court was willing to listen to your reasoning.
As it turned out, previous actions were very effective; Tao Dongli did not interrupt at all.
The case wasn't complicated. At that time, a demolition was to be carried out; three people entered Liu Shangjin's home, grabbed arms and shoved people, preparing to forcibly remove the person and then demolish directly.
This method seems crude but was very effective in the demolitions back then; anyway, they would take you away first and talk about it after the demolition.
Liu Shangjin naturally resisted, holding onto the other party's arm and desperately trying to pull away. One could imagine the struggle under such circumstances.
After all, he was an old farmer, and at that time he was also young; using brute force, he was quite strong, and as a result, the other guy's wrist was directly fractured, and it was quite severe, diagnosed as a minor injury grade two.
At a glance, they only wanted to take you away, but you caused a fracture, so it must be you who committed the crime, and you were arrested and sentenced.
But Old Tang didn't see it that way; the evidence clearly lacked anything to prove that Liu Shangjin's actions at the time were meant to injure the other party.
Subjective intent might sound very profound, but you still need corresponding evidence to prove it.
For example, Huang Licheng, who specifically bought a knife and also stated in his confession what he intended to do, that's evidence.
Or take witness testimony, for instance, if others confirm that at that time you intended to break the other party's arm, and then there's the injury assessment, trace investigation, and the like—naturally, these are all professional matters of the public security organs.
But in this case, there was no evidence, including no statements from Liu's two companions.
The only available evidence was Liu Shangjin's confession, where he admitted that he wanted to break the other party's wrist at the time.
A confession alone cannot establish guilt; thus, this is a case of unclear facts and insufficient evidence, and the principle of in dubio pro reo should apply.
The prosecutor also spoke up, "However, Liu Shangjin's actions objectively did cause minor injuries to the victim, and currently, there's no evidence to prove that Liu Shangjin didn't have an intentional mindset..."
Old Tang heard this and couldn't help but laugh in frustration, or it seemed that in some places, investigations are still conducted under the presumption of guilt.
It's like I first assume your guilt, and then look for evidence.
Therefore, Old Tang was blunt in his reply, "So you directly deduce the intention from the result of the injury? Since when do criminal cases require proof of innocence?"
Criminal cases always require proof of guilt, not innocence.
The prosecutor probably realized his mistake after speaking and therefore shut his mouth at this point.
But Old Tang didn't stop firing.
"Now I'd like to ask the prosecutor, what does in dubio pro reo mean? I really don't understand it, could you explain it to me?"
Hearing this, the Judgment Chief Tao Dongli spoke up, "Please, appellant's lawyer, watch your language. I'm giving you a warning now."
Old Tang just smiled and said, "Fine, my statement is finished."
Sometimes, you know it's wrong, but it's very hard to change.
The trial ended without an immediate verdict, but Old Tang did not mind; he had the upper hand throughout, and now it was just a matter of waiting for the result.
In such an atmosphere, ten days passed in the blink of an eye, and the Lincheng City Intermediate Court reconvened, issuing the retrial verdict: Liu Shangjin not guilty!
Hearing the verdict, Liu Shangjin's family, who rushed over from the mountains to attend the trial, immediately burst into cheers. Liu Shangjin, in the back, could not hold back his tears.
After so many years, he had finally cleared his name.
Suddenly, Liu Shangjin ran out from the spectator's bench and knelt down before Old Tang.
Old Tang quickly helped him up; this was not something to be done.
But for Liu Shangjin, or many ordinary people for that matter, this was one of the few options they had when faced with an immense, unrepayable favor...
A retrial case acquitted, but it caused no stir online; what attracted netizens' attention was something else.
That was, Ding Deshui's death sentence review had been approved by the Supreme Court, and the execution was to be carried out today!
It should be noted that the number of people executed each year is a state secret; the figures you can find online are all statistics compiled by some people based on publicly available data.
So don't think about looking into these things.
Ding Deshui was sentenced to death because his motive was particularly base, his means were particularly cruel, the circumstances were particularly egregious, and the social impact was particularly significant; the subjective malice was extremely severe.
And he used a gun; in our country, gun-related cases are always a major issue!
Inside the detention center, Ding Deshui was in relatively good condition, seemingly having received treatment, but at this moment, he looked as pale as a ghost.
It used to be said online that now it's all by lethal injection, and it's supposedly painless. So, after initially feeling frightened, he gradually came to accept his fate.
After all, he didn't have much longer to live, and late-stage cancer is extremely painful. It might not be so bad to die painlessly like this, at least that's what he told his wife during their last meeting.
But unexpectedly, Lincheng City was still carrying out executions by firing squad!
Many people believed that lethal injection was used nationwide by now, but that's not the case; whether injection is used depends on local conditions.
Economically developed areas can afford it, with execution beds, execution vehicles, automatic equipment—they can buy it all since they have the money.
But in less developed places, it's a different story; after all, lethal injection is quite costly, although some less developed areas still use it universally – for other reasons.
Overall, however, there are still quite a few places that perform executions by firing squad.
Lethal injection, the drugs for which court staff must go to the Supreme Court to obtain... you can imagine the level of attention this requires.
Lincheng, being one of the poorest cities in Handong, cannot afford such advanced methods as injection, so it uniformly executes by gunshot...
The Intermediate Court notice was already posted; Ding Deshui couldn't even climb onto the prison van, his legs going soft...
He regretted, he pleaded, he cried, but it was all useless, for this was the very essence of the death penalty!
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