I once asked this question in a legal group:
What would you do if one day you were suddenly wronged as a criminal?
There are judges and prosecutors, lawyers and law professors, but few people answer this question, after all, no one wants to face such a problem, just as no one wants to encounter such bad luck.
In the American movie "Innocent Sinner", the chief deputy prosecutor was also a little confused when he encountered this problem.
The boss told him that the victim's wine glass had his fingerprints on it, his semen in his body, and the call record had contact with his home number that day, and he looked at his boss's face and muttered: Is this not a joke?
The victim was a female prosecutor who had an affair with her superiors.
The boss is running for office, whether from the perspective of feelings for the victims or for personal political interests, he hopes to solve the case as soon as possible. He was once the mentor of the chief deputy prosecutor, whether it was personal contact or work ability, he was his most trusted person, if the case fell into the hands of the campaign opponent, it would undoubtedly be very unfavorable to him, so he called the chief deputy prosecutor to the office as soon as after the incident and asked him to investigate the case.
The Chief Deputy Prosecutor was actually a little hesitant, and he and the female prosecutor also had a personal affair, and it was said that he should recuse himself. The female prosecutor is an ambitious and debauched woman, and her private affairs with men are all for personal gain.
Discovering that the Chief Deputy Prosecutor had no intention of running, she categorically cut off contact with him, while he kept thinking of her, and his feelings for her made his wife very miserable for a while.
In the course of the investigation and handling of the case, he was suddenly suspended from his post and became a suspect, and it was the prosecutor general's competitor who took over the case. Surprisingly, the prosecutor general became the first witness against him, accusing him of taking the initiative to take on the case and deliberately dragging his feet in the process of handling the case.
It is true that you are the most brilliant prosecutor, the most powerful court debater, and when you are falsely accused of criminals, you are unable to defend yourself, because all your words will be used as sophistry by the jury.
What should he do? "Find a good lawyer!"
It was his first decision, and he was going to ask his most powerful opponent in court to defend him. But he was also a little embarrassed, the lawyer was very expensive, and their family did not have so much money. But his wife was unequivocal: "We can mortgage the property!" ”
That's a great lawyer indeed.
He checked the medical records of the female prosecutor, who had been sterilized and whose sperm had been killed by contraceptive glue.
He asked the forensic doctor, who had been sterilized, was it necessary to kill sperm with contraceptive glue?
The medical examiner said that, as a rule, such contraception was not necessary and would not be used.
Because of this reasonable suspicion, coupled with the disappearance of the wine glass with his fingerprints after the public security appraisal, the chief deputy prosecutor was acquitted.
The Chief Deputy Prosecutor was grateful to his wife, who had been with him in his most difficult moments, and their husband and wife relationship had returned to the past.
The day after the case was closed, his wife went to the school thesis to defend, he was at home repairing the fence of the yard, and when he took out the small hammer from the toolbox, he found that it was stained with blood and the woman's hair, and he understood everything.
His wife killed his lover and wanted to blame him.
She hated the woman and hated her husband just as much. She stored the semen from the contraceptive gel during the couple's intercourse in the refrigerator, killed her and injected it into her genitals.
In the past, when the female prosecutor moved, the procuratorate gave a set of wine glasses, which she helped to buy, and she bought a set of the same for her family, and one day she remembered that her husband had drunk wine with a certain wine glass, so she hid it and took it to her house when he went to kill her.
She took home the tool of her murder, the little hammer, and prepared for them to come to her house to search for it. She had even asked the Deputy Attorney-General if they would come and search for the tools of the crime, and he said of course not, because they knew that if he had committed the crime, he would not have been so stupid as to take the tools home.
I've watched the movie for a long time, and I still feel a little cold when I type these words down my fingertips.
From her husband's self-confidence when she heard that the female prosecutor was killed, to her husband's inseparable companionship and care after she was made a criminal suspect, it was creepy after the detailed plot behind her was exposed. How complex human nature is, it will always be beyond your imagination.
I think of this movie because of the Tang Lanlan case. In 2008, Tang Lanlan, who was under the age of 14, reported that she had been sexually abused by dozens of relatives, neighbors and others for seven or eight years from the age of six, and eventually 11 people, including her parents, were sent to prison.
Since then, there have been complaints from relatives of the defendants and those released after completing their sentences, claiming that they have been wronged.
After this matter was posted on the Internet by the media, it caused an uproar, and the ugliness and complexity of human nature caused people to question -
If that thing is true, it is terrible; if it is true, it is even more terrible.
The network was temporarily caught in a scuffle, and many people stood on the perspective of protecting Tang Lanlan's privacy and attacked the media coverage for being unscrupulous. More people believe that whether a group of people have been wronged is a truth worth pursuing and exploring than the privacy of one person.
On July 27, 2018, after reviewing the case, the Heilongjiang Provincial Higher People's Court rejected the appeal, holding that the punishment that the original judgment convicted and sentenced the complainants in accordance with the law was not improper, and there was no circumstance that should be retried as provided for in Article 242 of the Criminal Procedure Law of the People's Republic of China.
The noise on the Internet has risen again, and while believing in the judiciary, many netizens have re-criticized the media's questions at that time.
In the midst of all this noise, I don't know if anyone remembered the recent TV series "Court in the Sun". Before the rape and murder case in the play found new evidence, the conditions for filing the retrial were equally insufficient, and the original judgment was conclusive and the evidence chain was complete in the eyes of the judges and prosecutors at that time. However, the real culprit appeared.
Before the real culprit appeared, Bai Xuemei, the president of the provincial high court, had actually decided to file a case, and when others objected on the grounds that "once some problems are found, it may cause great harm to judicial credibility", as a former member of the second-instance collegial panel and the current president of the provincial high court, Bai Xuemei said:
Don't say that with unjust, false and wrongly decided cases, what kind of harm and impact we will bring to us by correcting our mistakes now, but to see what kind of harm and impact have been brought to the parties. If we don't even have the courage to make amends, how can we talk about the future of China's judiciary? ”
"Court under the Sun" is a legal TV series launched by the Supreme People's Court based on the current life of judges and the reality of the court, and the thought of Bai Xuemei in the play is, to some extent, the spirit of the current judiciary, especially in the treatment of unjust, false and wrongly decided cases, their attitudes and positions make the judiciary full of sunshine.
I appreciate a sentence from Bai Xuemei in the play, she said:
"I certainly don't want this to be a wrongful case, and I don't want there to be signs that it could be a wrong case, but we, the judiciary, are indifferent."
We have reason to trust the judiciary, but we also have reason to respect the "not indifferent" questioning of the media.
Throughout the world, no country can avoid unjust, false and wrongly decided cases, and compared with the privacy of one person, human life and freedom, so many people's lives and freedoms, it is more worthy of vigilance and caution.
In the film, the prosecutor washes the hair and blood from the hammer and does not hand over his wife to the law because she is the mother of his child. Fortunately, the law did not turn the innocent man into a criminal because of her framing.
No matter in which country, no injustice is the most beautiful scenery of justice. In this complex era of human nature, at any time, we are willing to watch for justice and believe that justice will not be absent.
Source: Legal Reader Author: Ardor