Chapter 167 I was tortured to extract a confession!
"Son, be careful on the road, take good care of everything, don't lose it, and tell your mother when you arrive in Longcheng..."
Yuxian West Station.
Jiang's mother held Jiang Bai's hand and repeatedly reminded her.
The ginger and white chick nodded constantly like a rice pecking at it.
Since he went to college, he has heard these words every time he left home.
Almost no duplicates.
But Jiang Bai never gets tired of listening.
It is also a happy thing to be able to hear parents’ nagging and remindings.
Originally, Jiang Bai wanted to stay at home for a few more days, but the night before yesterday, he received a call from the procuratorate.
The investigation and evidence collection work of Hu Kai’s fraud case has been completed.
Now the facts are clear and the evidence is sufficient, and there is no doubt about it anymore.
The trial will naturally be put on the agenda.
Jiang Bai's "holiday" can only end here, and he will return to Longcheng today.
"Okay, these words are always there, and my ears are almost calloused."
Father Jiang said beside him.
"I'm not telling you, go to die." Jiang's mother gave him a blank look.
Jiang's father was a "wife who was in charge of strict control", and he curled his lips and said nothing.
Jiang's mother continued to pull her son and remind her.
A few minutes later.
Jiang Bai passed the security check and entered the station.
When I came back, I carried a backpack.
When I left, not only were my shoulders packed with bulging bags, but my hands were also carrying large and small bags.
Is this eaten?
No.
This is heavy love.
...
That night, Jiang Bai returned to his home in Longcheng, reported his safety to his parents, took a hot shower, and went to bed early.
No words all night.
The next day, he got up early.
After breakfast, I sent a message to the Weixin group to synchronize the case.
"@Everyone, today is the day when Hu Kai's fraud case will be held. Everyone, wait for my good news."
One stone stirs up a thousand layers of waves.
soon.
The group became lively.
"Wow, I finally waited for this day."
"Haha have you heard that Hu Kai's family... Oh no, it seems that the entire family has entered..."
"I have heard of this, and I can only say I deserve it! If you go to a lawsuit normally, just sue it. Why are you going to make trouble at other people's houses? A large group of people, and they are also swords, guns and sticks. If you don't go in, you'll be a ghost.
And I heard that they were making a big fuss in court, and I don’t know what I thought.”
"@Jiang Bai, you're doing a pretty job, brother, today's trial, we'll wait for good news for you."
"A verdict."
“…”
Looking at the news in the group, Jiang Bai grinned and replied with an OK expression.
Then he went out and went to the court.
After arriving, walk inside with a familiar path.
Walk along the way, greet your acquaintances.
"Oh, Aunt Li, are you here to listen again today?"
"That's right, right, today's case, we are the plaintiff again. It's not a criminal private prosecution, it's a public prosecution case. I am the accompanying civil plaintiff."
"Hey, Judge Chen, such a coincidence, did you eat it? Have you had a bad sleep recently? Look at these big bags and dark circles, so you have to take care of yourself, Judge Chen."
Chen Zhonghan looked at Jiang Bai with a resentment and said angrily: "Jiang Bai, why do I have bags in my eyes and why do I have dark circles? Don't you know?"
There is a big storm in the Longcheng Automobile Industry. More than 100 people have been criminally filed. Among them, Binjiang District, especially the hardest hit areas, the criminal trial court has basically not stopped recently.
In the past, there was no court hearing for ten days and half a month.
Now it is basically available every day, and at the busiest time, I even reviewed three samples a day.
Chen Zhonghan has been working overtime for more than a week in a row.
Turning around, both physically and mentally exhausted.
"Ahem, thank you Judge Chen for your hard work. Take some good food to supplement nutrition. Then what, I'll go in first."
After saying that, Jiang Bai quickly accelerated his pace and walked inside.
Still a familiar court.
Not long after Jiang Bai came in, the defendant Hu Kai was taken in by two bailiffs.
He lost weight all over, his shoulders drooped, his face looked ugly, and his eyes were dull.
I guess my life in the detention center has not been easy during this period.
Hu Kai accidentally glanced at Jiang Bai at the corner of his eyes and became excited.
"Jiang Bai! You bastard!"
"I'm sorry, I treat you as a brother, you actually hurt me like this!"
"You bastard, I will never end with you! I will never end with you!"
"Grass***!"
Jiang Bai said expressionlessly: "Hu Kai, brothers are said from you. Why do I feel so sarcastic? Do you really treat me as a brother?"
"If you really treat me as a brother, you won't deceive me again and again!"
"In your heart, I'm just a sucker!"
"It's all your fault that you have come to this day."
Hu Kai yelled with red eyes: "You fucking fart! Didn't I just borrowed you a few stinky money? You are so rich, what if you lend me hundreds of thousands? Those hundreds of thousands will not hurt you
If it’s not itchy, can’t you be more generous?”
Jiang Bai shook his head when he heard this.
No matter how much money I have, what does it have to do with you?
I'm not your father, why are you so confident in spending my money?
Jiang Bai didn't say anything else.
No matter how much you talk to someone like Hu Kai, it will be useless.
If he really realized his mistakes, he would not have done anything disgusting.
Hu Kai didn't give up and wanted to scold him again.
But the bailiff would not let him do whatever he wanted in the court and warned him harshly.
Hu Kai could only breathe heavily and stare at Jiang Bai fiercely.
Jiang Bai has been so surprised that this kind of look that seems to be eating people is not uncommon for this period of time, and he has long been used to it.
He completely thought the other party was air.
At this time.
The defense lawyer walked in.
It seems that not only Hu Kai has been living a bad life during this period, but also lawyer Du has not lived a good life.
His face was dull and his beard appeared without cleaning up. He looked a little decadent.
He looked at Hu Kai, then at Jiang Bai, sighed and sat in the defense lawyer's seat, silent.
soon.
The time is here.
Judge Chen Zhonghan walked into the court with dark circles in his eyes.
"winter!"
The gavel fell and the whole audience was quiet.
Chen Zhonghan glanced at Jiang Bai for a moment, and said in a deep voice: "Today, in accordance with Article 266 of the Criminal Law, the Criminal Trial Trial Division of the Binjiang District People's Court of Longcheng City, Jiangsu and Zhejiang Province will openly hear the defendant Hu in accordance with the law.
Kai’s fraud.”
"I, Chen Zhonghan, serve as the presiding judge, and a collegial panel will be formed in accordance with the law."
"Now, the court is officially opened!"
Then there is a fixed procedure.
The clerk read out court discipline.
Then the identity of the defendant, defense lawyer, prosecutor, victim, etc. was confirmed.
After everything was over, Chen Zhonghan looked at the plaintiff's seat: "Please read the indictment by the prosecutor."
As soon as he finished speaking, Chen Tianci stood up and began to read out the indictment, declaring the case.
When he heard that Hu Kai had borrowed more than 500,000 yuan from more than a dozen classmates for various false reasons, and had not paid back a penny.
The seats at the audience suddenly became turbulent.
If you want to say that a serious criminal like a murderer, people usually shout "Death and imprisonment".
But it won't feel too profound.
After all, human joys and sorrows are not consistent - Lu Xun really said this.
So most people just shout a few slogans from the perspective of bystanders.
But this is different.
It is closer to life and more "people-friendly".
Most people should have had the experience of borrowing money or being borrowed money, and many people have also experienced the embarrassment that it is easy to borrow money and difficult to repay it.
The Xia country society has various human relationships and worldly styles, which are very complicated.
It is common for relatives and friends to borrow money, but after lent the money, most people are embarrassed to ask for it from each other.
If the other party happens to be a cheeky person.
This money can really turn into a bad debt by dragging it.
Borrowing money and not paying it back is not considered a traitor, but it is disgusting enough.
not to mention.
Hu Kai is not just an ordinary person who borrows money but doesn’t pay it back. His nature is much worse.
He made up reasons and borrowed many people, and even lured girls to help him borrow online loans!
Scum!
A real scum!
he tui!
"winter!"
Chen Zhonghan beat the gavel and said seriously: "Silent! Pay attention to the order of the court!"
The audience gradually calmed down.
Chen Tianci continued to read the indictment:
"This court believes that the defendant's behavior violated Article 266 of the Criminal Law and constituted the crime of fraud, and the amount was particularly huge. Public prosecution is now filed in accordance with the provisions of the Criminal Procedure Law."
“The litigation request is as follows:”
"1. The criminal defendant Hu Kai was ordered to commit fraud according to law and he was sentenced to a serious punishment, sentenced to ten years and six months in prison and a fine of 15,000 yuan."
"Second, the civil defendant with ancillary shall be ordered to compensate the civil plaintiff with ancillary shall have a total loss of 509,020 yuan."
Speaking of which, this guy is also a little bit of a crime. The amount of fraud is just over 500,000, and the amount of 500,000 corresponds to the "extremely huge amount" in the crime of fraud.
The starting point of sentencing is ten years in prison.
After the prosecutor read out the indictment, Judge Chen Zhonghan looked at Hu Kai and asked: "Defendant, is the case and litigation request mentioned by the prosecutor consistent with the copy of the indictment you received?"
“One…unanimity.”
Hu Kai nodded slowly and responded with a stern voice.
"Okay, now you can make a statement." Chen Zhonghan said.
"Gudu!"
Hu Kai swallowed hard, took a deep breath, and spoke in a hoarse voice: "I'm wronged!"
Sure enough, the performance began.
Jiang Bai's heart was thrilled and he looked at the defense lawyer next to Hu Kai.
The latter did not respond much.
It seems indifferent to the behavior of the parties involved.
Jiang Bai shook his head secretly in his heart and mourned Hu Kai for three seconds in his heart.
Obviously, because of the back stabbing of Hu Kai’s parents, Du Yansen no longer wants to help Hu Kai’s defense with all his might.
Typical work is not enough.
He didn't even prepare the statement for Hu Kai, and he let him play it freely.
Hu Kai continued: "I admit to borrowing money, but I don't admit to fraud!"
"They are both high school classmates and they are acquaintances. Isn't it normal for these acquaintances to borrow some money? Have you ever borrowed money? Have you ever borrowed money?"
Hu Kai asked the two bailiffs beside him and continued to shout: "And I have never said I would not pay back the money, I just paid it back later."
"How come this is a scam!"
"I'm not convinced!"
"This is obviously what they and a group of people united to frame me on purpose, and Jiang Bai is the one who takes the lead!"
Chen Zhonghan frowned slightly and said in a deep voice: "Since the defendant does not admit the crime, he has now entered the process of cross-examination and court debate. Prosecutor, please provide evidence."
"OK."
Chen Tianci nodded slowly and began to list evidence:
"This is a chat record between the defendant and the victim. Each copy has been notarized for judicial purposes to ensure authenticity and credibility, and is accompanied by a transfer record at the corresponding time point. This can confirm that there is financial transaction between the defendant and the victim."
"And the two parties agreed on a date for repayment, but the defendant did not repay the money as agreed."
"This is the result of the police's investigation into the defendant's reasons for borrowing money. All his reasons were compiled and fiction!"
"This is the consumer record of the defendant retrieved by the police. Every time he borrows money, he will make large purchases, buy luxury goods, etc...."
As the prosecutor put out the evidence one after another, Hu Kai's face became increasingly ugly.
He couldn't help but shout, "So what? Even if I made up a reason to borrow money, what's wrong? Which law stipulates that real reasons must be used to borrow money?"
"Do you care whether I borrowed money to see a doctor or squander it, that's my freedom!"
"As for repaying the money... I do want to pay it back, but don't I have one, then I can't steal it and rob it, right? How many days can we have to be lenient for usury? Why does it become a crime if I postpone repaying the money?"
"What's the reason!"
Hu Kai spoke righteously and was excited.
The voice resounded in the courtroom.
It's so exciting to say.
Chen Tianci did not change his expression and directly threw out a stronger and stronger evidence - a letter of confession and acceptance of punishment signed by Hu Kai.
Originally, Hu Kai had always refused to plead guilty.
But after meeting the lawyer, he followed the lawyer's advice, truthfully confessed to the public security organs, and signed a letter of confession and acceptance of punishment.
I want to reduce my sentence through such behavior.
"Defendant, you have confessed your crime to the police and signed a confession and acceptance of punishment, but now you have reopened your confession in court. Why is this?" Chen Tianci asked loudly.
"That...that's because...because..."
Hu Kai stammered.
Chen Tianci frowned slightly and asked, "Does your confessions to the public security organs be true?"
"Not true!"
Hu Kai suddenly raised his head and shouted loudly: "I was tortured and forced to confess!"
Wow!
There was a sudden riot in the courtroom.
Everyone whispered in the defendant's seat.
Torture and forced confession refer to an extremely bad criminal judicial interrogation method that uses cruel methods such as corporal punishment or disguised corporal punishment or even mental punishment to torture the body or spirit of the person being interrogated in order to obtain his confession.
In ancient costume TV series, scenes of "tricking into trouble" often appear.
Let’s go to the hall and ask if the criminal pleads confess or not, right? Come on, the thirty-year-old board is waiting...
However, in modern society, under the complete and sound legal system in our country, there is almost no such thing as torture and confession in judicial practice.
Once it happens, the testimony obtained from this should be excluded.
Hu Kai wants to use this method to gain opportunities for himself.
In the plaintiff's seat.
Jiang Bai's expression couldn't help but become a little weird.
Otherwise, it was a father and son, Hu Kai and his father's sexual behavior were exactly the same, and they were in line with each other.
It's a pity that this method is too low-level.
Torture is not what you say, it is just that. Doing so will only make things worse!
"winter!"
Chen Zhonghan knocked on the gavel and frowned and said, "Sujing! Prosecutor, please continue."
Although Hu Kai's behavior was unexpected, as a qualified and experienced prosecutor, Chen Tianci was not at all panicked in the face of such a situation and said calmly: "How did the police use to torture confessions?"
"Fatith interrogation!"
Hu Kai shouted: "They often interrogate in the early morning and late at night! It's like this every time. I'm so tired that I'm even a little bit conscious and can't concentrate at all.
, there is no way to deal with the police interrogation well."
Chen Tianci opened a document in front of him and said, "The transcript shows that the first time you were questioned was from 8:30 to 10:05 pm on X-X."
"The second time I was questioned was from 10:30 to 11:45 am on X-X."
"The third time I was questioned was from 3:15 to 4:00 that afternoon."
"May I ask, which time of these three times is the early morning or late night you said?"
"This..." Hu Kai was speechless for a moment, his eyes flashed twice, and he shouted: "No!"
Chen Tianci asked, "What's wrong?"
Hu Kai gritted his teeth and said, "The transcript is wrong! The time is wrong!"
Chen Tianci smiled slightly and said, "Defendant, I will remind you that every time you are interrogated, there are synchronized recordings."
"When will you enter the interrogation room, when will you leave, and the specific interrogation process you are in the interrogation room, there are audio and video records."
"If you object to the legality of the pre-trial confession, the prosecutor may play these video files in court."
"But the premise is that the defendant has to submit an application for 'illegal evidence exclusion' to the court. Are you sure you want to apply?"
After saying that, Chen Tianci just looked at Hu Kai with his eyes.
The latter's heart skipped a beat and his face changed suddenly.
He didn't expect that the prosecutor was so well prepared that he even prepared the video materials from the interrogation room.
But in fact...
Chen Tianci didn't prepare these things at all.
Although he is experienced, he cannot guess in advance that Hu Kai would have such a sexy operation.
Now that I'm just bluffing.
Chen Tianci is too stable. Just from the surface, there is no problem at all.
It seems that everything is in your own control.
So Hu Kai became timid, lowered his head and whispered: "No, no need..."
Chen Tianci raised the corner of his mouth slightly and asked, "Okay, then the prosecutor asked you again, did the public security organs torture confessions during the process of interrogating you? Is there any illegal act of collecting evidence?"
"No……"
Hu Kai shook his head slowly.
His little trick is nothing in front of an excellent prosecutor.
It was easily exposed.
He was directly at a disadvantage at the beginning, and Hu Kai could not resist the subsequent court debate.
Under the offensive of Chen Tianci, he retreated step by step and was defeated.
"Lawyer Du! Say something!"
Hu Kai was sweating profusely and gritted his teeth at Du Yansen who had been silent beside him.
Du Yansen slowly raised his eyelids.
Dandan said: "The defense lawyer has no objection."
In fact, Du Yansen originally prepared a complete set of defense ideas.
What the parties involved have to do is to proactively admit their mistakes, but not admit their fraud.
Because Du Yansen would turn the nature of this case into the crime of "illegal absorption of public deposits".
Article 176 of the Criminal Law stipulates that if the person illegally absorbs public deposits or absorbs public deposits in disguise and disrupts financial order, he shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be fined alone;
If the amount is huge or there are other serious circumstances, the sentence shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall be fined;
If the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of more than ten years and a fine.
The perpetrator of this crime can be an individual or an unit.
If an individual commits this crime, it will need to be more than one million before it will be considered as "huge amount".
The amount of deposits involved in illegal absorption of public deposits is only over 500,000. If the sentence is sentenced for the crime of illegally absorbing public deposits, it will be sentenced to less than three years in prison.
This sentencing is much lighter than the crime of fraud.
It doesn't matter if there is no way to characterize the crime of illegally absorbing public deposits.
Lawyer Du also prepared Plan B.
That is the crime of fundraising fraud, a crime that is very similar to fraud in terms of naming.
Article 192 of the Criminal Law stipulates that the crime of fundraising fraud is the act of illegal fundraising by using fraudulent methods for the purpose of illegal possession.
If the amount is large, the sentence shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall be fined;
If the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of more than seven years or life imprisonment, and shall be fined or property confiscated.
The sentencing for this crime is heavier than the crime of illegally absorbing public deposits, but it is still less than the crime of fraud.
In short, if you defend it from this direction, Hu Kai's punishment will definitely be greatly reduced.
Can……
Lawyer Du is just an ordinary person, not a saint.
He really couldn't "repay evil with kindness".
Because of Hu Kai’s parents’ back prick, Lawyer Du will be punished with revoking his lawyer’s practice certificate for one month and paying a fine after this incident.
The fine is fine, but revoking one-month practice certificate means that he has no income during this month.
Not only can I make a lawsuit, I can’t make a penny, but I will also suffer heavy losses.
Lawyer Du was really not in the mood to defend himself and lay down.
As for Hu Kai, let him fend for himself...
After hearing Du Yansen's words, the judge looked at him in surprise and then said, "Now please ask the victim to make a final statement."
Jiang Bai stood up, ignored Hu Kai's fire-breathing eyes and slowly spoke: "On behalf of more than a dozen classmates who were cheated of money by the defendant, I beg the collegial panel to sentence the defendant to a severe sentence and recover our losses. Thank you."
Very simple statement.
The judge nodded slowly and looked at the defendant's seat again: "Please give the defendant a final statement."
Hu Kai's mentality had completely collapsed, and he quickly shouted: "I am not guilty! I don't admit it! I am innocent!"
"I just borrowed money and didn't cheat at all. You all want to harm me, it's nothing!"
"Isn't it just a few hundred thousand stinky money? I'll give it back to you. Why the hell do you say the scam!"
“…”
Hu Kai's voice was high and sharp.
He simply regarded the court as the home court for quarrels.
"winter!"
Chen Zhonghan beat the gavel, stopped his invalid statement, and said in a deep voice: "The court will be temporarily adjourned for half an hour, and the verdict will be announced after the reopening."
After saying that, he took the members of the collegial panel to leave the court.
As for Hu Kai, he was taken to the detention room by the bailiff.