After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgment after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
1.
2. If the defendant is found innocent according to law, a verdict of innocence shall be made;
3. If the defendant cannot be found guilty due to insufficient evidence, a verdict of innocence shall be made because the accused crime cannot be established due to insufficient evidence.
Extended data
Case:
The defendant Zhang and the victim Liu had conflicts due to trivial matters of life. At 1: on June 6, 22, the injured party gathered nine relatives and friends and went to the defendant's house with sticks and knives to "vent their anger". It happened that the defendant had a party with many relatives at home, and when he saw the victim's threat, he wanted to escape. After some "melee", the victim was "one dead and four injured" and several defendants were injured.
after the investigation organ filed a case for investigation, the prosecutor charged Zhang with intentional homicide. During the trial, the defendant's defense lawyer questioned the prosecution's evidence, pointing out that almost all the evidence was the victim's witness, the murder tool had not been found so far, the evidence was single and insufficient, and the defendant was suspected of fraud, claiming innocence.
therefore, the court returned the case to the procuratorate for supplementary investigation. Under the pressure of insufficient evidence and the risk that the defendant may be acquitted, the procuratorate took the initiative to propose to the court that as long as the defendant was found guilty, he could be sentenced to any punishment. The court promised the defendant's lawyer that as long as the defendant admitted guilt, he could be sentenced to probation and immediately "released".
Finally, the defendant agreed with the public prosecutor and the judge, and was also convicted of "intentional injury", but was sentenced to probation for reasons such as self-defense, good attitude of pleading guilty, and cooperation with the trial.
China Government Network-People's Republic of China (PRC) Criminal Procedure Law