In a criminal case, this core "case handling instructions" were discovered, and this is how it works in the verdict!
Screenshot of the verdict
And the content of this "case handling note" is as follows:
Tell me, what exactly is this material? I asked many lawyers and law school experts, but they couldn't talk about the reason, and finally said that this is not a "thing"!
First, the unit handling the case was the Weihai Sub-Bureau, not the Entry-Exit Detachment. What kind of case did the Entry-Exit Detachment handle? Why did you get into the case file handled by the sub-bureau directly under you without a chance? Second, some say that this is a statement of laws and regulations? I searched through all the laws and regulations of the People's Republic of China, but I did not find a legal document containing the above content! Third, some say that this is documentary evidence? Documentary evidence is generally formed before or during the occurrence of the case, before the start of the litigation or at least before it is collected, and this "case handling statement" is formed after the case is not handled! Fourth, some say that this is a normative document. However, Weihai Entry and Exit flatly denied that it was a normative document, and it had not been reviewed for the record! It is also recognized that it is not the basis for its visa approval. Fifth, what else is it said that this is the material to prove the facts of the case? However, in criminal cases, evidence used to prove the facts of the case shall be collected and fixed in accordance with law, and must not be replaced by a "Case Handling Explanation". Sixth, some say that this is witness testimony? Then, in terms of form, it is necessary to transform such a unilateral "self-written material" into an "interrogation record" that conforms to the testimony of the witness, and the signature of the issuer and approver can be used as the statutory type of evidence. Seventh, the conditions for the extension of a foreigner's visa can only be stipulated by laws and regulations, and no other unit or person can make provisions for this purpose. Moreover, the "Case Handling Instructions" is obviously contrary to the provisions of Article 29 of the "Law of the People's Republic of China on the Administration of Exit and Entry"!
According to the lawyer, there are generally three main types of "case handling explanations" and "explanations of circumstances" in criminal cases: first, proving the process of voluntary surrender and meritorious service, and the process of returning to the case; the second is a supplemental and corrective explanation that proves the legality of the interrogation process; The third is to prove procedural flaws in the course of the investigation. Such as a description of voluntary surrender and meritorious service; the arrest of the criminal suspect, the unsuccessful search for other criminal suspects, the handling of other persons involved in the case, and the jurisdiction of the case; Explanations of the reasons for the inability to identify, compare, identify, identify, or appraise, the reasons for formal flaws in the relevant evidence, the identity of the subject, the circumstances of the special case handling, and the circumstances of the call records. This "case handling explanation" is the first time I have seen it in more than 20 years of practice, and it is as strong as a case of the Supervision Commission or as complex as a case of equity of a listed company, and it does not dare to issue such a case handling explanation! As a result, I deeply feel that my knowledge is shallow. sighed: If it is so logical, there is no need to collect evidence to handle the case, write a note: "Zhang constitutes a certain crime" and hand it over to the court. The judge's judgment: Based on the "explanation" of what crime Zhang has constituted, the sentence ------, will not be enough. How easy! How convenient!
Please headline netizens, take a closer look, what kind of "thing" is this?