Yan Yahong spent a whole day to understand the situation.
She spent a whole day in Bafang logistics company, while Yang Xiaobao ran around and waited on her all day.
Yan Yahong is quite professional. She asked about the details of the event and wrote them down in her notebook. Even in the end, Yang Xiaobao called Li Zhizhong and asked the driver what he had eaten and whether he had drunk.
"Have a rest!" Yan Yahong was extremely diligent, and even just took a bite at noon. Yang Xiaobao can't watch any more.
"The court will be held tomorrow. We have too much time to rest." Yan Yahong said.
Yang Xiaobao laughs and sells herself in front of Yan Yahong: "you are very professional. Have you ever represented a case before?"
Yan Yahong: "not at home. I participated in an international case when I was abroad."
Yang Xiaobao smacks his tongue in secret. If he does, he has found the treasure.
It's like shooting birds with antiaircraft guns! International barristers, it's easy to fight an ordinary criminal lawsuit in the province!
At 9 a.m. the next day, the case was on time for a semi open trial in the Provincial Central People's court. Yang Xiaobao and Li Zhizhong, the two summoned objects, and Yan Yahong and other two lawyers attended the trial.
…………
At the banquet, Yang Xiaobao met Chen Qi and Li Ping'an. Li Ping'an's eyes when he looked at Yang Xiaobao were full of irony and pity.
Yang Xiaobao didn't like it at all. He said to Chen Qi with a smile: "brother Chen, let's meet again!"
Yang Xiaobao's attitude, on the contrary, made Chen Qi cautious and asked Yang Xiaobao, "where did you invite Li Zhizhong?"
Yang Xiaobao said jokingly, "does brother Chen look familiar to him?"
"Like an acquaintance." Chen Qi said.
"Ha ha, after the sentence is pronounced, we can have a chat alone. Then I'll tell you who he is."
All personnel enter and sit down
The chief judge hammered: "silence! The criminal trial division of the people's Court of Jizhou city, northern Hebei Province is now in session. Please escort the defendant Chen Xinxin to the court. "
The driver who ran over the dead was handcuffed and taken to the dock. When Yang Xiaobao saw him, he was convinced that this man was not one of the people he brought back from Kush prison; This saves a lot of trouble.
Presiding judge: "your name, age, nationality, place of birth, education level, occupation, unit address, registered residence and temporary residence."
"Chen Xinxin, 29, Han nationality, from Wuji County, Hebei Province, culture high school, professional truck driver. Registered residence Wuji County, temporary residence Fuhua eight party logistics company.
Chief judge: "when and for what reason have you ever received what kind of legal punishment?"
Chen Xinxin: "no criminal record."
Chief Justice: when and why are you detained, detained and arrested this time?
Chen Xinxin: "suspected of traffic accident."
Chief judge: "have you received the copy of the indictment from the people's Procuratorate of Jizhou city, northern Hebei Province?"? When will it be received? "
Chen Xinxin: "it's five days since I received it."
Chief Justice: what crime does the indictment accuse you of
Chen Xinxin: "crime of intentional homicide under the direction of others."
Chief Justice: "according to Article 185 of the criminal procedure law of the people's Republic of China, the parties and their legal representatives have the right to apply for withdrawal. That is to say, if the members, clerks and prosecutors of the collegial panel are considered to have an interest in the case, which may affect the fair trial of the case, they have the right to apply for the withdrawal of the above-mentioned persons. Defendant Chen Xinxin, do you apply for withdrawal from the appellant? "
Chen Xinxin: "no application."
Chief Justice: "according to Article 11 of the criminal procedure law of the people's Republic of China, the defendant has the right to defend. You have the right to defend yourself as well as the person you entrust. Do you hear me clearly? "
Chen Xinxin: "listen clearly"
Chief judge: "good! Now we will start the court investigation and ask the plaintiff to file a claim. "
Yang Xiaobao and Yan Yahong exchanged a look, and they both saw satisfaction from each other's eyes. The day before yesterday, the lawyer invited by Li Zhizhong had already met with Chen Xinxin, and taught him how to say it in court. It seems that Chen Xinxin has a good memory.
The plaintiff is the family member of the deceased. She is a woman in her thirties. She has a thin face and a black hole in the corner of her eye. It looks a little mean. She should be the dead ghost's wife.
The plaintiff's lawyer was a male lawyer in his early 40s, with black trousers and white shirt and a briefcase in his arms. He looked very professional.
When Yan Yahong stood in the defense booth, she caused a sensation unexpectedly. Dressed in a plain white dress, she doesn't look like a professional lawyer. She looks like a model who just stepped down from the runway
The plaintiff's lawyer was a little silly when he saw Yan Yahong. He didn't expect that his opponent was such a charming woman.
The plaintiff's lawyer filed a claim: "the defendant, Chen Xinxin, was suspected of driving a 12 meter long Steyr truck at 14:23 p.m. on September 13, 2004 at Xiaowangzhuang section of the second ring road in Jizhou city to chase and crush Bai Sanliang, resulting in Bai Sanliang's death on the spot. Entrusted by Du Xiaolian, the family member of the deceased, I charged the murderer Chen Xinxin with intentional homicide. Yang Xiaobao and Li Zhizhong, the company leaders of the defendant, premeditated and abetted Chen Xinxin to commit intentional homicide. This is the indictment. Please have a look at it
Some court police took the indictment from the plaintiff's lawyer and handed it to the chief justice.
The chief judge read: "does the defendant have any objection to the plaintiff's lawsuit?"
Yan Yahong: "yes!"
Chief judge: which one has objection
Yan Yahong: "all! I am entrusted by Chen Xinxin, the defendant, to deny all the lawsuits brought by the plaintiff. "
Chief Justice: "OK, please show the evidence to the plaintiff."
Lawyer for the plaintiff: "I have photos of the scene and testimonies of drivers passing by. Please have a look at them."
... Yang Xiaobao was a little nervous. The other party acted very quickly. He found a passer-by in such a short time, and he also got testimony. This is the key evidence in the court.
After reading the evidence presented, the presiding judge asked, "does the defendant doubt the authenticity of the evidence?"
Yan Yahong: "there is no doubt, but there are objections. I would like to ask the plaintiff a few questions."
Chief Justice: "you can ask questions."
Yan Yahong: "plaintiff Du Xiaolian, what is your husband Bai Sanliang's occupation?"
Du Xiaolian: "I worked as a security guard before."
Yan Yahong: "please the plaintiff face up to the problem. What I asked was what occupation Bai Sanliang was engaged in at the time of the incident."
Du Xiaolian: "unemployed."
Yan Yahong: "so make it clear that Sanliang was unemployed at the time of the incident. As far as I know, the section of the incident was closed. Why did he appear on the second ring road at two o'clock in the afternoon?"
Du Xiaolian: "he has legs. He can go wherever he wants. What's in your way?"
As soon as the plaintiff's lawyer saw the bad food, he quickly interrupted: "I protest! Whether the deceased Bai Sanliang violated the traffic rules has nothing to do with whether the defendant was instigated to kill intentionally. "
Chief Justice: "the protest is invalid. The defendant's lawyer has the right to ask questions to the plaintiff's family members in court."
Yan Yahong confidently smiles: "excuse me, Du Xiaolian, the family member of the plaintiff, you accuse Chen Xinxin of deliberately killing your husband, so what's his motive?"
Du Xiaolian was a little scared and asked her lawyer, "can I not answer?"
The chief judge hammered: "no, please face up to the problem of the defendant's lawyer."
Du Xiaolian had no choice but to casually say, "they had a fight, so Chen Xinxin ran into my husband and killed him."
Yan Yahong: "so you suspect that Chen Xinxin's motive for killing is revenge?"
Du Xiaolian: "yes."
Yan Yahong tapped on the table, Chen Xinxin immediately said: "report to the chief justice, I have objection. I want to state what happened at the scene of the crime. "
Chief Justice: "please go ahead."
Chen Xinxin: "I don't know the dead Bai Sanliang. When the incident happened, my colleagues and I were driving through the second ring road when Bai Sanliang suddenly appeared in front of the road and fell to the ground. Thanks to my colleague's timely braking, I didn't crush him. My colleague got out of the car to negotiate with him. Bai Sanliang asked for compensation from my colleague and asked for 100000 yuan. We suspect him of malicious extortion. During their negotiation, I wanted to pull over because of the traffic jam, but in the process, Bai Sanliang suddenly lay under the wheel again. Because I was looking in the rearview mirror, I didn't find anyone in front of the wheel, so I ran over Bai Sanliang
Chief Justice: "is there any evidence?"
Chen Xinxin: "my colleagues can testify for me."
Chief Justice: "your colleague is not qualified to testify, so the testimony is invalid. What's the defense's objection? "
The plaintiff's lawyer took the opportunity to say: "our evidence can prove that after Chen Xinxin crushed the dead, he reversed his car maliciously and repeatedly crushed the dead, with extremely cruel means."
Chen Xinxin: "I protest. I didn't see him at all!"
Plaintiff lawyer: "how do you prove that you are unintentional, how do you prove that you have not been instructed by the company leaders?"
Chief Justice: "please show the evidence."
... there was silence at the trial, and Yang Xiaobao found that his back was soaked. If your testimony is invalid, there is no evidence. If no evidence is available, then the other party's lawsuit can be established. Next, the other party will prove how he and Li Zhizhong instigated Chen Xinxin to deliberately crush the dead.
Yang Xiaobao can push 456, but Li Zhizhong is not so easy to get away. After all, when the incident happened, he used to command Chen Xinxin through his mobile phone, and he has left a call record!
Yan Yahong raised her hand: "we have evidence!"
Everyone was shocked! Even Yang Xiaobao couldn't think of any evidence for Yan Yahong.
Chief Justice: please show me the evidence
Yan Yahong stood up, went to the bench, and then lay down under the bench.
As soon as she lay down, the delicate straight curve of her body suddenly exposed without any cover, and her eyes fell all over the court
"Can you see me, chief justice?" Yan Yahong asked.
Chief Justice: "I can't see it."
Yan Yahong changed a position to lie down again: "excuse me, juror, can you see me?"
Juror: "can't see..."
Yan Yahong stood up, patted the dust on her body and said in a loud voice: "then the result is very obvious. The table on the trial bench is 1.5 meters high, while I am 1.70 meters tall, which is equivalent to the dead. When I lie down close to the table, neither the judge nor the jurors can see me. Well, as far as I know, when my defender was driving Steyr truck, his sight height was more than two meters. According to calculation, under normal circumstances, there was a blind spot within two or five meters in front of him. So my defender is not suspected of intentional homicide. Naturally, the defendants Yang Xiaobao and Li Zhizhong are not suspected of instigating. And we will reserve the right to sue the plaintiff for malicious and false accusations. That's all I have to say. "
The chief justice and the jurors looked at each other face to face... Today, they have become more knowledgeable. They have been working on the bench for decades, and it is the first time that they have seen such sharp means of defense.
The scene of the trial also turned into a vegetable market, where people coaxed and talked. Yang Xiaobao noticed that Chen Qi's face had changed.
The chief justice had no choice but to drop the hammer: "silence, silence... I declare that the evidence of the defendant is established."