Exclusion application
Applicant:
Lawyer's license number: contact information:
Applicable matters: Xu's confession and other confessions on March 20 18, 20 13 at 20: 44 are excluded according to law.
Fact reason:
In the case of the appellant Xu Moumou accused of intentional injury in your hospital, Beijing Han Zhuo Law Firm accepted Xu Moumou's entrustment and appointed the applicant as the defender according to law.
Defenders come to your hospital to copy all files and read them in detail. Regarding Xu's confession and defense, the defender believes that all the confessions in the investigation stage, especially Xu's confession at 20: 44 on March 18, were illegally obtained by the investigation organ and should not be used as the basis for finalizing the case. Specially apply to exclude Xu's confession at the investigation stage.
The specific reasons are as follows:
According to Article 7 of the Supreme People's Court's Rules for the Exclusion of Illegal Evidence in Handling Criminal Cases (Trial) (20 18 1 Effective), "Before the trial, the judge in charge shall read out the documents and review the legality of evidence collection". However, the first instance of this case involved extremely obvious illegal evidence, but the court of first instance did not examine it according to its authority, let alone exclude it, resulting in unclear facts and insufficient evidence.
1. Exclude 18 Xu's confession at 20: 44 on March.
According to Article 56 of the Criminal Procedure Law of People's Republic of China (PRC), "evidence that should be excluded in the process of investigation, examination, prosecution and trial shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments."
(1) The investigator did not sign.
The interrogation record of the case file 2013081303 at 20: 44 Xu did not have the signature of the investigator. At the same time,
Without correction or reasonable explanation, it cannot be used as conclusive evidence. From this case to the second trial, there is no procedure and opportunity for further error correction, and it is impossible to make further error correction.
According to the Supreme People's Court's application
Defenders believe that it is wrong to fill in the record format items as signatures. According to the provisions of the Ministry of Public Security on the procedures for handling criminal cases by public security organs, the items listed in the interrogation record shall be filled in according to the provisions. Investigators and translators shall sign the interrogation record. " This rule is easy to understand, and "filling" and "signing" are obviously not the same thing. Signing the record is not only a matter of position in the record, but also a way to confirm the authenticity and legality of the record. If the format item "fill in" of the transcript is interpreted as "signature", it is hard to imagine that letting the criminal suspect and witness sign at the beginning of the transcript is recognition. Isn't the following something that investigators can write casually?
(2) The investigators made fraud.
1. See the name of the police officer.
Pictures. Pictures.
2. See one or two police officers in the video.
Pictures. Pictures.
3. Conclusion: Three policemen asked twice, four policemen signed (Jiang, Zhong, Tan, Ma), and there were false signatures.
(three) can not truthfully record the confession.
1. See CD 9, videos 2 1: 06 to 2 1: 16.
X: I just kissed it and it bit me. -I-I have a little pain. A little angry. My voice is a little loud. His voice is a little loud, too loud. Looks like I'm dressed. I pressed it on the sofa. During the pulling process, after it bit me. It was on the sofa. Press the sofa. I didn't do anything else. There is no other action in this.
Wait a minute, there was another one just now. She doesn't want to bite you when you kiss her mouth. He bit your lips and you bit her lips. His voice is a little loud. His accent is sweaty when dancing. Women who dance and sweat are usually stubborn.
X: He wants to shout, but I don't want him to shout. His voice is a little too loud.
You cover him and don't stare at you. Subconsciously, he wanted to shout. Right? He wants to shout
X: Then I really don't know.
His eyes are bleeding. His eyes are bleeding when he is above and below you. He pushed you away. What happened? The police officer said that he strangled him when he pushed it away.
X: I didn't kiss her when I pressed it. Touched my forehead
You put him on the sofa. According to the process on the sofa, did you kiss him?
Bite his lips. He didn't move, did he?
X: He didn't move, and neither did I. I didn't notice.
Did he bite the upper lip, upper lip or lower lip?
X: It should be the lower lip.
You asked for his lower lip, didn't you
X: That's right.
What about after the bite? It's a little loud.
X: Yes, I speak a little loudly.
What did you say to him?
Xu: I said, why did you bite me?
Ask him why he bit you, okay?
X: That's right.
What is he talking about?
X: He didn't speak.
You hugged him. What did he curse? Is it dancing and sweating?
X: His voice is very loud. He didn't scold.
Did you say it as Lao Zi?
Xu: He spoke loudly, and his men consciously arrested me.
You are afraid that if he talks loudly, you will be a little absent-minded if his neighbors find out later. Use your left hand and your right hand, right? Cover his mouth, okay?
X: Yes.
His eyes were waiting for you when I gagged him, right?
X: I held him down. My half hand is pressing him, and neither am I. I didn't pay attention to his glasses or anything, I didn't pay attention.
How long has it been pressed?
X: It won't take long. Please wait a moment.
Which hand did the waiter use, remember?
X: I don't remember.
When he resists, you hold it down with your hand, hold it down. How long have the police been in custody?
X: No, a few minutes.
Why does it cause congestion in his eyes? Here in the chest, that's how you fuck him. He must be uncomfortable. Is he struggling? Do you want to fight for you? Turn you with your hands.
X: I was beside him, but he didn't.
P Well, five minutes. Her eyes are closed, right? The way you passed out, right? You have to think about it. The medical examiner said she was in a coma for a while, semi-unconscious.
X: My hand is on it. He should be. It should be on the right. But I don't know if it's right or left.
A few minutes. Five minutes or ten minutes?
X: I really don't remember.
After about three or four minutes, he calmed down, didn't he? No struggle, right?
X: Very calm. I can't remember the time before and after. How long has it been? I really don't remember. I don't remember when. Then I let go of my hand and he leaned there. Don't shout, don't shout. There is no other action. After a while, he took off his coat.
What's the status after 30 minutes? It doesn't move. You let go.
X: If he doesn't resist, I'll let go.
He stopped shouting. How did he fall off the sofa, anyway? Half lying here and not talking. Eyes half open.
X: My eyes were half open and I didn't speak.
2. Evidence volume P24 line
4. Conclusion
Comprehensive Xu's full confession:
X: I just kissed it and it bit me. -I-I have a little pain. A little angry. My voice is a little loud. His voice is a little loud, too loud. Looks like I'm dressed. So I put it on the sofa. During the pulling process, after it bit me. It was on the sofa. Press the sofa. I didn't do anything else. There is no other action in this.
p:
X: He wants to shout, but I don't want him to shout. His voice is a little too loud.
P: …
X: Then I really don't know.
P: …
X: I didn't kiss her when I pressed it. Touched my forehead
P: …
P: …
X: He didn't move, and neither did I. I didn't notice.
P: …
X: It should be the lower lip.
P: …
X: That's right.
P: …
X: Yes, I speak a little loudly.
P: …
Xu: I said, why did you bite me?
P: …
X: That's right.
P: …
X: He didn't speak.
P: …
X: His voice is very loud. He didn't scold.
P: …
Xu: He spoke loudly, and his men consciously arrested me.
P: …
X: Yes.
P: …
X: I held him down. My half hand is pressing him, and neither am I. I didn't pay attention to his glasses or anything, I didn't pay attention.
P: …
X: It won't take long. Please wait a moment.
P: …
X: I don't remember.
P: …
X: No, a few minutes.
P: …
X: I was beside him, but he didn't.
P: …
X: My hand is on it. He should be. It should be on the right. But I don't know if it's right or left.
P: …
X: I really don't remember.
P: …
X: Very calm. I can't remember the time before and after. How long has it been? I really don't remember. I don't remember when. Then I let go of my hand and he leaned there. Don't shout, don't shout. There is no other action. After a while, he took off his coat.
P: …
X: If he doesn't resist, I'll let go.
P: …
X: My eyes were half open and I didn't speak.
Draw a conclusion that what the police officer said is transformed into what the suspect said; Failing to record the interrogation record truthfully and making false interrogation record.
(4) Lure to collect verbal evidence
See CD 9, video 2 1: 09: 40,
1.2 1-07-27 Go straight to 09-00; 09-40 straight jump 08-09; Video material editing is obvious;
2.
X: …
Wait a minute, there was another one just now. She doesn't want to bite you when you kiss her mouth. He bit your lips and you bit her lips. His voice is a little loud. His accent is sweaty when dancing. Women who dance and sweat are usually stubborn.
X: …
You cover him and don't stare at you. Subconsciously, he wanted to shout. Right? He wants to shout
X: …
His eyes are bleeding. His eyes are bleeding when he is above and below you. He pushed you away. What happened?
P I pulled my neck when I pushed it away.
X: …
You put him on the sofa. According to the process on the sofa, did you kiss him?
Bite his lips. He didn't move, did he?
X: …
Did he bite the upper lip, upper lip or lower lip?
X: …
You asked for his lower lip, didn't you
X: …
What about after the bite? It's a little loud.
X: …
What did you say to him?
X: …
Ask him why he bit you, okay?
X: …
What is he talking about?
X: …
You hugged him. What did he curse? Is it dancing and sweating?
X: …
Did you say it as Lao Zi?
X: …
You are afraid that if he talks loudly, you will be a little absent-minded if his neighbors find out later. Use your left hand and your right hand, right? Cover his mouth, okay?
X: …
His eyes were waiting for you when I gagged him, right?
X: …
How long has it been pressed?
X: …
Which hand did the waiter use, remember?
X: …
When he resists, you hold it down with your hand, hold it down. How long have the police been in custody?
X: …
Why does it cause congestion in his eyes? Here in the chest, that's how you fuck him. He must be uncomfortable. Is he struggling? Do you want to fight for you? Turn you with your hands.
X: …
P Well, five minutes. Her eyes are closed, right? The way you passed out, right? You have to think about it. The medical examiner said she was in a coma for a while, semi-unconscious.
X: …
A few minutes. Five minutes or ten minutes?
X: …
After about three or four minutes, he calmed down, didn't he? No struggle, right?
X: …
What's the status after 30 minutes? It doesn't move. You let go.
X: …
He stopped shouting. How did he fall off the sofa, anyway? Half lying here and not talking. Eyes half open.
X: …
To sum up, the case file No.2065438+March 18 March 20: 44 did not contain the word "covering your nose and mouth" in Xu's interrogation record, so why did the court of first instance recognize the word "covering your nose and mouth"? This interrogation record was falsely filled in by the police officer, without the signature of the police officer, and the interrogation content was not truthfully recorded, so the police officer was obviously inducing confession. This statement is wrong again and again, three mistakes and four mistakes, and should be ruled out by illegal evidence according to relevant laws.
2. Exclude the interrogation record of Xu on March 3, 20 18 10: 32.
(1) Asking the police for false opinions (2)
(2) The interrogation record has not been signed by the investigator.
According to Article 126 of the Criminal Procedure Law of People's Republic of China (PRC), "The provisions of Article 122 of this Law shall also apply to the questioning of witnesses." Combined with "the Supreme People's Court on application"
(3) Failing to inform the witness of his rights and obligations
When Xu met, he said that he was not informed of his rights and obligations when he first asked, and the notice was signed later.
All the questioning videos can confirm the above facts. Without the witness's right and obligation notification, the right and obligation notification is false.
According to the Supreme People's Court's application
"(5) Whether to inform the witness of his rights, obligations and legal responsibilities in the first inquiry" should exclude the transcript of Xu's first inquiry.
Three. Exclude the interrogation record of Xu on March 3, 20 18 16: 40.
(1) Interrogating fake and false policemen
1. See the name of the police officer.
2. See the police officer in the video?
Three or four.
3. Conclusion: Two policemen asked twice, and three policemen signed (Jiang, Zhong, Tan), with fake signatures.
(two) false signatures asked by one person and asked by many people.
Five or six.
According to the Supreme People's Court's application
(3) The rights and obligations of not informing the suspect.
When Xu met, he said that he was not informed of his rights and obligations during the first interrogation, and the notice was signed later. All the interrogation videos can confirm the above facts. There is no right and obligation to inform the suspect, and the notification of rights and obligations is false.
According to the Supreme People's Court's application
Four. Exclude the interrogation record of XXX at 9: 00 on March 20 19 18.
(1) The reason for not signing the investigator is the same as above.
(2) False and forged signatures
Two people asked, three people signed (Zhong, Jiang, Tan). That is, some people have many signatures, while others have missed them.
The jurisprudence is the same as above, so I won't repeat it.
To sum up, in order to standardize judicial behavior, promote judicial justice, and safeguard the legitimate rights and interests of the defendant Xu Moumou, we request your hospital to exclude the confession record of the defendant Xu Moumou as untrue and illegal evidence according to the above illegal facts and relevant regulations.
I am here to convey
Wuhan Intermediate People's Court
Applicant:
Lawyer:
2019165438+1October 20th
Attachment: photo screenshot