Today's topic is – acquittal, the facts are based on legal norms.
In every case, its final verdict must be based on facts. Therefore, the facts are based on the law, and this is a basic feature of our rule of law. Facts must be placed in the front, and the law is based on facts. So, how can we be factually based?
We have said before that we must pursue the truth of the facts. In fact, the formation of many unjust, false and wrongly decided cases is precisely that the real facts have not been presented. Like the case of Hugjiletu, are the real facts presented? Not presented. In Nie Shubin's case, did the facts come to an end? Nor did it appear.
It is precisely because it is not presented that two innocent lives are lost. Their father and mother, after spending their entire lives, finally rehabilitated the two young people. So if we go back, how did the facts of that year come into being? Then, if we want to redress unjust, false and wrongly decided cases, then we must start with the facts.
We have to ask, where do the facts come from? Who determines the facts? With what facts? How exactly are these facts determined? So are these facts true or false? Was it legally acquired or illegally acquired? Is it really there? Or was it created?
So a truly responsible criminal lawyer, he has to conduct a spiritual investigation of every so-called fact. It is not only necessary to look at the materials on the table, but also to go to the scene to conduct a meticulous investigation. In fact, the facts are on the spot, not in the materials. The facts are on the ground, not on paper.
At this time, lawyers must not only look with their eyes, but also measure with their feet, and judges and prosecutors are the same. Not only to look at those things on paper, but also to study and analyze each fact one by one. If we can follow the principle that there is no doubt of guilt, then all the facts and even we can first determine from nothing, from doubt,
We say that every fact should be falsified first, not the truth first. First falsify it, that is, it may be false, exclude it and then seek truth. However, we are often not like this in practice, often simply saying that this is the truth, and not doing a job of falsification. Falsification is the principle of doubting guilt!
Well, if we say that our own parties are in the process of redressing their grievances, then we must firmly lock in every fact written in the judgment, every fact written in the indictment. We carry out new implementation certifications for these facts.
At that time, I am afraid that some so-called facts will reveal their true colors. The so-called people who stand behind the "so-called facts" also reveal their true faces. Some false evidence is starting to emerge. Some unspoken rules began to emerge, and some extra-case factors that interfered in the case began to emerge. At this time, then we say that the case may be solved.
When we have thoroughly based the facts on the basis of the law, the criterion of the law will naturally become one of the most powerful weapons for us on the road to unjust, false and wrongly decided cases. It is precisely because we pass strict laws, locking in one fact after another, that we eventually reach a goal of "acquittal".
(This article is based on the video of Cao Baoyin, chief counsel of Beijing State Consulting Law Firm,[Cao Shu Shu And Acquittal Series])