Whether a person is guilty or not is not determined by you or by me, but by law and by law. That's why we say that any sin must have a source of law and must be strictly in accordance with the law. Everyone who is convicted of a crime must also be strictly in accordance with the law. As long as we can strictly follow the law, then unjust, false and wrongly decided cases will basically not occur.
Therefore, many times, the reason why unjust, false and wrongly decided cases are formed, and the reason why it is difficult to declare innocence is because we have not followed the principle of crime law. Who is statutory? Judges are not equal to law, lawyers are not equal to law, prosecutors are not equal to law, law is law. It is above all people, and whoever is equal before the law. Therefore, public security personnel must investigate according to law when investigating, procurators must prosecute according to law when extracting public prosecution, judges must pronounce judgments according to law when adjudicating cases, and lawyers must defend according to law when defending.
All of us are proceeding from the law, and all illegal, illegal, illegal, whether it is the acquisition of illegal evidence, or other means, as long as it violates the principles of the law, it cannot be used. Any crime, even a day's sentence, must have the source of the law.
In fact, when we look at the judgment, you will notice that these laws are often attached to the appendices and appendices of the judgment. That is to say, why these crimes are convicted in the judgment, which article and paragraph these crimes are in, and what its content is stated.
This practice, in fact, has only been available in recent years, in our fifties and sixties, seventies and eighties, or even nineties, the judgment is the judgment, and it will not attach you to the law. But now it is not only necessary to attach the laws, but also to analyze in detail the relationship between these laws and cases, and the relationship between the crimes of the parties.
All your judgments must be made in accordance with the law and in accordance with the laws in force. You can't make the law yourself, you can't, it's a violation of the law. You can't interpret the law in your own way, you can only do it strictly within the legal framework.
If we strictly follow the principle of criminal law, then even if a person is convicted, he will be convinced, and he will be full of faith in the law. We say that everyone can feel fair and just in every case, not only for the families of the parties, but also for the parties themselves. Therefore, the principle of statutory crime should become one of the most important principles of our acquittal.
As long as we firmly believe in this principle, as long as our lawyers firmly believe in this principle when handling cases, as long as our judges firmly believe in this principle when they try cases, as long as our procuratorate firmly believes in this principle when doing their work. Then, the proportion of unjust, false and wrongly decided cases will be greatly reduced.
It will also allow many people who were once desperate to see hope. Let us now have some unjust, false and wrongly decided cases rehabilitated. In fact, the world of acquittal in unjust, false and wrongly decided cases cannot fall, and if the innocence is not declared, so that the parties and their families feel that they have been wronged, I am afraid that the sky will collapse.
(This article is based on the video of Cao Baoyin, chief counsel of Beijing State Consulting Law Firm,[Cao Shu Shu And Acquittal Series])