基本审讯流程犯了“技术错误”      高庭撤销调侃“真主字眼袜子”青年判决 - video Dailymotion

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八点最热报 | 华裔青年卓伟隆因为拿“真主字眼袜子”事件开玩笑被定罪之后，向高庭提出上诉。而高庭今天推翻了地庭的这项裁决，指示地庭重新审讯。高庭究竟是基于什么原因驳回裁决呢？之前判的刑罚哪里出了问题呢？如果最终的审讯结果和判决和之前的不同，被告卓伟隆又可以怎样做呢？（主播：颜江瀚）

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00:00 Before watching the video, I remind you that there is more content on the Hotpoint website.

00:05 In the KK convenience store socks wave,

00:08 because he made fun of the "real" pair of self-made socks on social media,

00:12 which caused netizens to be dissatisfied and asked him to publicly apologize,

00:16 Zhuo Weilong admitted to Diting earlier and was sentenced to six months in prison and fined 12,000 RMB.

00:22 However, after Zhuo Weilong, he filed a lawsuit,

00:25 and Gao Ting overturned Diting's ruling today,

00:28 and ordered Diting to re-interrogate.

00:31 What was the reason for Gao Ting's re-interrogation?

00:35 What was the problem with the previous sentence?

00:39 If the final trial result and verdict are different from the previous one,

00:44 what can the defendant Zhuo Weilong do?

00:46 For this case,

00:48 the professional lawyer Zheng Yihua pointed out when he was interviewed by 8.4 Daily that

00:51 generally, when the defendant faces a charge,

00:54 if he admits his crime,

00:56 the local judge will read the content of the charge and the sentence to the defendant.

01:02 However, according to the judge Gao Ting who investigated Zhuo Weilong's case,

01:06 there was a flaw in the process of Diting's interrogation.

01:10 It was not recorded whether Zhuo Weilong clearly stated that he understood the charge and sentence after admitting his crime.

01:17 In addition, Zhuo Weilong did not appoint a lawyer to defend or explain the situation at the time.

01:23 Therefore, Zhuo Weilong's right was not protected.

01:26 Because of this, Gao Ting decided to revoke the verdict

01:30 and hand the case to another Diting to re-interrogate.

01:33 As for Gao Ting's decision to revoke the verdict,

01:36 Zheng Yihua also thought that Diting made some technical errors in the basic interrogation process.

01:42 The judge Gao Ting only revoked the verdict because there were problems in the judicial procedure.

01:48 It had nothing to do with whether Zhuo Weilong's earlier sentence was too heavy or too light.

01:55 After Gao Ting's interrogation,

02:00 she found that there were some technical errors in the process of the defendant's confession in the local court.

02:07 As a result, the defendant's legal rights were not fully protected.

02:12 Although the defendant admitted his crime,

02:14 before he confessed, the local court and the prosecutor in charge of the case

02:20 were responsible for ensuring that the defendant knew what kind of problems he was facing

02:26 and what the criminal proceedings would be.

02:28 The record of the case must be clear.

02:30 To put it simply,

02:32 the word "confession" must be in the record of the entire court.

02:36 The judge Gao Ting was also very cautious.

02:38 She also reviewed all the records in the court and found that there was no such record.

02:44 Only because of this reason, the court was able to revoke the verdict.

02:48 The young Chinese Zhuo Weilong,

02:50 after being convicted of the "confession" incident,

02:52 filed a complaint with the court.

02:54 The court's judge, based on the fact that the court was reading the charges and the verdict,

02:58 did not have Zhuo Weilong's most important "I understand" statement.

03:01 Therefore, the court decided to revoke the verdict and re-interrogate the court.

03:05 The professional lawyer, Zheng Yihua, pointed out that

03:08 in addition to the technical errors in the case,

03:11 the court would also base it on the lack of evidence, incomplete charges,

03:14 or the fact that the prosecutor did not re-interrogate the defendant after the change of charges,

03:19 and therefore revoked the verdict.

03:21 However, she also believes that this case was a waste of taxpayers' money and time.

03:27 According to the news,

03:29 Judge Gao Ting did remind all the judges and all the law enforcement officers in the legal system

03:37 to follow the procedure strictly

03:41 to ensure that this kind of mistake would not happen again.

03:44 Because you are wasting taxpayers' money and time.

03:47 Because of some technical issues,

03:49 the defendant must be transferred to another court to be re-interrogated.

03:56 What does "re-interrogation" mean?

03:58 The defendant will face the same "confessions" again.

04:01 After the judge understands the verdict,

04:04 the judge will make a choice again whether to confess or not.

04:07 In other words, all the previous actions were not effective.

04:11 As the case needs to be re-interrogated,

04:14 it is not yet certain whether Zhuo will be convicted.

04:17 The Justice Department pointed out that

04:19 if the defendant has already paid a fine of RMB12,000,

04:21 there is still a chance that Zhuo will be convicted.

04:25 If she chooses to confess again,

04:27 because the judge is different now,

04:29 it seems that the judge's verdict at that time

04:32 was that Zhuo was convicted.

04:34 If the verdict was also RMB12,000,

04:36 she might be released on the spot.

04:38 If she chooses to resist the verdict,

04:40 that is, she chooses not to confess,

04:42 the case will be tried.

04:44 Because she did not have a legal representative before,

04:46 now she has a legal representative.

04:48 When the case is tried,

04:50 many people will ask,

04:52 "What did she do when she was in jail?"

04:54 After the final result of the trial,

04:56 if she is innocent,

04:58 she has the right to sue the government of China

05:01 for her involvement in the jailing and fining.

05:05 If she is still convicted,

05:08 the judge will apply the sentence

05:10 she has received before

05:12 to make a reasonable judgment.

05:15 Thanks for watching!

05:18 The End

05:21 The End

05:24 The End

05:26 [BLANK_AUDIO]

基本审讯流程犯了“技术错误” 高庭撤销调侃“真主字眼袜子”青年判决

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