My Wife is a Counsel Chapter 5: The Fruit of the Poisonous Tree (Part 2)
www.lnmao.org, the fastest update to the latest chapter of My Wife is an Archon!
Over there, Lu Ming, who was standing in front of Zhao Jinsong, shook his head in frustration, took two steps back, reached his seat, and flipped through the documents on the table. One of them was Zhao Jinsong's testimony. Suddenly he said, "That's not right." This immediately attracted the attention of the judge and jurors.
He walked a few steps quickly and arrived in front of Zhao Jinsong, "So, since you didn't get the tip that there was a body in the car and it was just an accidental crash, why did you search the trunk of the vehicle?"
Zhao Jinsong sneered: "Because he looked panicked and looked at the trunk from time to time, there is enough reason to suspect that there are prohibited items in the car."
"Witness, please answer clearly. Who does he refer to here?" Lu Ming raised his voice.
Zhao Jinsong snorted coldly: "It's Zhao Yuancheng. He looked panicked. Also, you looked panicked after you got off the car."
Lu Ming smiled: "When I saw you, you didn't look panicked. Moreover, even if he and I looked panicked, have you ever thought that it was because Zhao Yuancheng hit your bicycle while driving in the wrong direction? You are a policeman, and he Are you going to panic with me?"
Zhao Jinsong looked at Lu Ming and said calmly: "You said it yourself, who are you and him? Why would you panic when you see me? If I just crashed, would you care about me? If it weren't for hiding in the car It’s a prohibited item, and it’s evidence of a serious crime. Are you panicking?”
Li Mingxuan breathed a sigh of relief and nodded slightly. He was indeed a young and promising police detective. He started to lose his composure. This was also because he was very angry when faced with Lu Ming, whom he particularly despised, and he couldn't change his mind when being questioned by Lu Ming.
Also, after visiting Wu'an City several times, if there is no money, how many people can look up to that waste?
In fact, Zhao Jinsong reacted so quickly, quoting the opponent's words, using the opponent's shield, and breaking the opponent's spear.
Very smart.
Lu Ming smiled slightly, nodded and said, "So, what kind of contraband do you suspect it is?"
Zhao Jinsong shook his head, "I don't know, but based on my experience in dealing with gangsters..."
Lu Ming immediately interrupted him, "Please correct your wording. Shuangyong Association is a legally registered civil society, and Long Daxing is only an honorary director. Even if some individuals in Shuangyong Association commit any illegal acts, it does not mean that The Shuangyong Society is a gang, and it does not mean that it is related to Long Daxing! Zhao Yuancheng and I are not members of the Shuangyong Society. The recent arrests by your police have also confirmed this."
Zhao Jinsong's face became even more contemptuous, and he said sarcastically: "Okay, let me change my words. Based on my experience in dealing with Mr. Lu and your close friends, the contraband in the car must be no small matter."
Li Mingxuan smiled, this young police officer has a bright future and is worthy of a good relationship and being brought into his circle.
But looking at Lu Ming's back, Li Mingxuan felt a strange feeling. Why did this guy suddenly look like a lawyer with his sharp tongue? Although, he has failed, there is no key point, and he cannot deal with Zhao Jinsong.
Seeing Zhao Jinsong replace "gangster" with "Lu Ming's close friends", many people in the jury laughed heartily. Obviously, they increasingly believed that Lu Ming was a black man who had been with the gang for a long time. Now, when something happens, the possibility of resorting to extreme means of killing increases greatly.
Lu Ming looked at Zhao Jinsong, "It seems like Officer Zhao is a frequent visitor to violations of police regulations. It can be said that Officer Zhao doesn't care about police regulations at all."
"Objection, object to the defense's groundless questioning of the witness's professional character!" Li Mingxuan was staring at Lu Ming thinking, but then he raised his hands to object.
"Objection valid."
Boris saw that Lu Ming had not spoken yet. Lu Ming smiled and said: "Officer Zhao, according to the police regulations, you can use reasonable suspicion to search Zhao Yuancheng's belongings. If there is sufficient reason for suspicion, you can also search the passengers in the same car. ."
"However, since no one reported it in advance and it was not a police deployment, you were originally dealing with private matters. Since you suspect that there are serious prohibited items in the car, the police regulations guide you and ask you what to do at this time? ”
Zhao Jinsong said coldly: "We are required to be present together and apply for a search warrant from the court. However, the people you and Zhao Yuancheng have close contacts with are complicated. I was the only one at that time. If we still need to apply for a search warrant, I am worried that the prohibited items in the car will be exchanged. This is not without precedent. Therefore, our frontline police detectives will have some authority when doing things, and the court also recognizes this.”
"You are saying that the police guidelines are not all, there are gray areas, and you should also implement the rules in the gray areas."
Zhao Jinsong thought for a while and nodded: "You can say that."
Lu Ming smiled and said, "However, the incident occurred only a few steps away from the Old City Police Station. You can blow the police whistle to request support. What's more, in this special situation, you can also ask the vehicle to accompany you. Go to the police station and apply for a search warrant, which is a special consideration given by the court to the police detectives."
"So." Lu Ming looked at Boris, "In court, I think it is this so-called gray rule that has led to a lot of unfairness. From a legal perspective, the acquiescence in the gray area of police power makes some purposes Undisciplined police detectives break through these gray areas. Just like in this case, they clearly meet the conditions and can legally collect evidence according to police regulations. However, these police detectives have become accustomed to lawlessness, so they can illegally target people without a search warrant. Search."
“It’s not just me. Many so-called people with complicated friends have this experience. Ordinary citizens are also often harassed by these unscrupulous police detectives. Moreover, they are even less interested in ordinary citizens who have no power. You'll be polite!" Looking at the jury box, Lu Ming said: "I think many people have experienced this, being scolded and searched by police detectives for no reason, maybe just because I didn't want him to jump in line? Immediately pin down, search and harass!”
Some jurors listened intently and nodded silently.
Li Mingxuan gradually felt that something was wrong and stood up suddenly, "I object, I object to the direct dialogue between the defense and the jurors."
"I didn't talk to any juror, did I?" Lu Ming smiled and looked at Boris, "In court, I think that the gray area of police power is what leads some unscrupulous detectives to act recklessly The reason is that Officer Zhao on the witness stand is an excellent detective who has received many awards and is even known as the star of the county's police force. His future is boundless. "
"But even such an excellent police officer is accustomed to violating police regulations and does not think there is any problem at all. In court, this is the biggest problem."
When Lu Ming finally finished speaking, Li Mingxuan immediately said: "I think that when the evidence is conclusive, it is meaningless to argue about where the evidence came from at this time."
Lu Ming glanced at Li Mingxuan, "It means a lot, but the prosecution, you don't understand. I think Judge Boris will understand."
"Just a few months ago, the justice of the Empire's Supreme Court had just dismissed the death sentence in a murder case because some of the evidence contained suspected illegal conduct in the process of collecting evidence."
Li Mingxuan was stunned, is there such a case?
The situation in the four northern provinces is special. There are many local traditional customs and laws. When the imperial laws are here, there are also many things that follow the local customs. For example, the sale of people is recognized by the four northern provinces. However, in the imperial laws a hundred years ago, Slavery has been abolished. Unless they are black slaves from the southern emirates, there is no such thing as slaves. Black slaves are not recognized as natural persons, let alone civil rights.
Therefore, the legal circles in the four northern provinces are not so sensitive to the latest legal trends in the empire.
Boris looked at Lu Ming, nodded and said: "However, the case dismissed by the Federal Supreme Court was not because the key evidence in the case was illegally collected, but mainly because the prosecution lacked evidence."
For the first time, Boris was a little surprised to meet someone in the north who was so clear about the changes in the laws of the Imperial Federation. He even felt like meeting an old friend in a foreign country.
Usually, many times, when talking with my colleagues, or even new legal professionals like Li Mingxuan who have gone to university in provincial cities, I feel like I am playing the piano with others.
Lu Ming looked at Boris, "But the nature is the same. In court, no matter whether illegal evidence is key evidence or not, we should exclude it. Moreover, I think that the more key evidence is, the more it should be obtained legally. Otherwise, the police detectives will get a taste of the sweetness, they can solve the case and be rewarded for their meritorious service. They will further erode the legitimate rights and interests of citizens, create many unjust, false and wrong cases, and illegal key evidence. It can be said that it is a poisonous tree. The fruit looks delicious, but if it is really eaten, our judiciary will gradually decay, police power will expand infinitely, and eventually, the so-called law will become a decoration."
Boris nodded, thoughtfully.
Li Mingxuan shook his head. Does this greedy old guy want to take the opportunity to rip off people again?
Standed up and said, "In court, I request to return to the topic."
Lu Ming nodded, "I'm just talking about the topic." Looking at Boris, he raised his voice and said: "So, your honor, according to Officer Zhao Jinsong's statement, I have sufficient reasons to conclude that the main evidence A and B , C came here illegally, I request that these illegal evidence be excluded!”
Evidence A, Evidence B, and Evidence C are the bodies found in the trunk and the traces left by the murderer such as fruit knives and dog hair.
If these three key pieces of evidence are excluded, then this case will cease to exist, and the body and the like will not be discovered.
Where does the murder still exist?
The auditorium and the jury box immediately went into an uproar following Lu Ming's sonorous words.
Li Mingxuan's face changed and he stood up suddenly: "In court, what the defense is saying now has nothing to do with this case. Idealism has never been the true meaning of the law, especially criminal cases, where **** human lives are involved in every case. It is extremely **** and ugly. Instead of us calmly shouting slogans in the court, the case will no longer be important, the grief of the deceased’s family will be insignificant, and the deceased’s painful screams and cruel torture will be insignificant. Have you ever been helpless in that dark basement?"
Pointing at Lu Ming, he gritted his teeth and said: "Based on the existing evidence, there is no doubt that Lu Ming is a murderer. If it is just because of some minor flaws in the evidence collection process, the murderer must be let go. This is called fairness and justice." Isn’t this called justice? It would be a disgrace to the law!”
The auditorium and the jurors were moved by Li Mingxuan's tearful statement and nodded again.
Yes, if in this case, because there are some problems with the procedures for collecting evidence, the murderer will be let go? What kind of world has that become?
Lu Ming also nodded inwardly. What Li Mingxuan said made sense. He did not disagree with it. Marine laws and continental laws have their own advantages and disadvantages. But since this world is governed by marine laws, then naturally The rules of maritime law should be implemented.
Looking at Boris, Lu Ming said calmly: "The defense is very good at influencing the emotions of jurors, but the law is the law, and the law itself is ugly. Only ugly matters need the law to judge. Emotions, just An enemy of the law..."
Li Mingxuan, who was no longer very polite, immediately interrupted him, "Okay, let's talk about the law. Since the justices of the Imperial Federal Court have not excluded key evidence, even if the evidence is suspected of being obtained illegally, we have What’s the reason for being unconventional? ”
"This is not unconventional!" Lu Ming looked at him calmly, "Many precedents were not made by the Federal Supreme Court. Why can't this case be regarded as the first case of fruit from the poisonous tree? , the first case to exclude illegal key evidence? I believe that this will be a landmark judgment and a clarion call to usher in a new era of imperial legal concepts. This case will become a guiding case for the empire and will record the It will become one of the required cases for all legal professionals in the future and will be remembered forever! ”
Boris’ eyes became brighter and brighter as he listened.
Imperial law focuses on cases. If there is a case that guides the times, it will really go down in history. The judge in the case will also appear in the textbooks of law schools decades or hundreds of years later.
Li Mingxuan was stunned when he saw Boris's expression.
Suddenly a cruel possibility flashed through my mind. Is it really possible to lose this case?
As for the case itself, he never thought he would lose.
Unexpectedly, Lu Ming, an ignorant guy, inexplicably stirred up Boris's G-spot.
This greedy old man loves beauty and money, but these are far less important than the reputation he cares about in order to gain fame.
One can only imagine what Director Shi Zaixin would think if the case was lost.
In fact, just now, although Li Mingxuan was aware of the danger, he gave an impassioned speech with all his strength and moved the jurors.
But he never thought that this case would be lost, but now, looking at Boris's expression, it is obvious that the beauty money has become insignificant at this moment.
There was huge uneasiness in his heart. He wanted to say something, but Boris made a gesture and discussed quietly with the deputy judge and the clerk judge.
Li Mingxuan looked at Lu Ming, only to see Lu Ming looking at him too. The eyes of this once confused guy were so clear now, just like the bright stars in the night sky.
Li Mingxuan was full of confusion and couldn't figure out what happened. What happened to this confused guy? It's like he's become a different person.
He was suddenly shocked. Yes, yes, he began to attack the relationship between Zhao Jinsong and Zhao Yuancheng and their premeditated plans.
In fact, it was just to lead out that the two people were not related, so the car accident was an accidental event. In this way, just because of a small collision, Zhao Jinsong opened the trunk of the other party's car without a search warrant, then it would be It is an illegal search.
In other words, Lu Ming had a clear purpose from the beginning, to collect illegal evidence.
His previous argument was obviously a trap, and the prosecution fell completely into it. Instead, they tried desperately to prove that there were no informants and no secret reports. Otherwise, there would be too many variables and the case might develop in the direction of frame-up.
This is tantamount to proving that the evidence comes from illegal searches.
But, was it really his plan? Is everything figured out? !
How is this possible? Li Mingxuan looked at Lu Ming blankly. At this moment, why did Lu Ming suddenly become unknown to him? It seemed to be more important than the victory or defeat of the case.
Director Shi Zaixin in the auditorium looked at Li Mingxuan in a daze, not knowing what he was thinking.
But it was obvious that the case could be lost at any time, but he was confused and didn't know what to do to remedy the situation.
Even if it interrupts the judges’ deliberations?
Shi Zaixin's face was horribly dark.
"No, I, I did receive an anonymous tip-off call at the police station beforehand, but I was eager to make a contribution and didn't know if it was a prank call. I couldn't offend the Double Dragon Society rashly..., so I wanted to confirm it. Next..." Zhao Jinsong obviously realized that the situation was not good, his face turned earth-colored, and he stammered.
Lu Ming was stunned.
Yes, the caller must be the mastermind behind killing Long Daxing and framing him.
Do you want to continue asking? In this way, we may learn more about the mastermind behind the scenes.
However, this is a double-edged sword and may lead the case to unknown directions.
In an instant, Lu Ming had countless thoughts in his mind.
However, as long as Zhao Jinsong is still there, there will always be a chance to find out the truth.
Gruttering his teeth, "In court, the prosecution's most important witness suddenly changed his confession after being sworn in. I now seriously doubt the witness's integrity and request that illegal evidence be excluded and all testimony of witness Zhao Jinsong be revoked!"
Boris looked at Zhao Jinsong and shook his head.
"Dang", he banged the gavel, "After discussion, I have ruled that Principal Exhibit A, Principal Exhibit B and Principal Exhibit C are illegal evidence and shall be excluded from this case!"
There was an uproar in the auditorium and jury box.
Lu Ming immediately said: "In court, the defense requested that the case numbered Wu'an 953447 be dropped because the prosecution had insufficient evidence."
The bodies are gone, and the tainted witnesses did not witness Long Daxing murder in their confessions, so the case naturally ceases to exist.
Boris nodded: "Dismiss this case. The prosecution can wait until new and strong evidence is found before filing a new charge!"
There is no win or loss, so there is no need for jurors to vote, but the case is dismissed directly. Therefore, it does not belong to the same case, because if it is directly dismissed, as long as the prosecution finds new and strong evidence, it can still re-indict.
But the question is, where can new strong evidence be found? Unless Lu Ming suddenly admitted that he had killed someone.
The moment Boris dropped the hammer, he nodded to Lu Ming, saying in his heart that this young man has a future and ideas. I'd like to have a chat with him when this case settles down.
Moreover, it seems that there is indeed something hidden about the murder.
If he is really innocent, maybe it would be good to accept him as his disciple.
Zhen was in a daze. When Xie Wenquan said congratulations to her, she didn't understand what happened.
Looking at Lu Ming and Xie Wenquan hugging each other, it seemed like they were saying that the case was won.
Ms. Zhen gently moved her numb little feet, and finally she no longer had to be locked up in a single room in the courthouse. The past few months had been too difficult.
Over there, Xie Wenquan was extremely excited and hugged Lu Ming hard and patted Lu Ming on the back.
In my heart, I feel nothing but admiration!
Unexpectedly, I met a genius defense attorney in this small town.
Looking at the whole scene, it is not a lawsuit that can be fought under the guidance of an expert. Those ingenuities all need to be performed on the spot, and you need to have a natural sense of victory and defeat in the courtroom.
This case was won so cleverly. In the imperial legal community, regardless of north or south, this confrontation between prosecution and defense can be said to be a classic confrontation. The defense has various traps, coupled with the understanding of the judge and the prosecution's mentality. , simply reached the pinnacle.
On the contrary, the jury that the prosecution most wanted to influence was not considered by the defense from the beginning.
In his excitement, Xie Wenquan used a little too much strength.
The hug made Lu Ming's chest feel tight and he couldn't help but cough.
I smiled bitterly in my heart. With my small body, I can really say that I am powerless, right?
Suddenly, I felt something strange on my face, but two blazing eyes were shining towards me. It was the extremely beautiful female police officer Han Anni.
Lu Ming had no choice but to pretend he couldn't see it.
I never imagined that my first love would have such a relationship with me in this world, which can be said to be a bad fate.
On the other side, Li Mingxuan's face turned pale as he turned to look at Director Shi Zaixin.
Shi Zaixin had already stood up, not even bothering to look at Li Mingxuan anymore. What was left for Li Mingxuan was the back that looked like a volcano about to erupt.