You became a lawyer and sent the judge in

Chapter 101 The First Administrative Litigation Case

legal sense.

The definition of picking quarrels and provoking trouble is very vague.

Basically, there are only three points for being convicted on this charge.

First, it caused extremely bad influence. Second, our lawyer is a rookie. Third, there is a problem with the procedure.

It is difficult to have problems with programs in this world.

Didn't see that last time, the judges who judged the Guo Xiaojun case were all transferred from their posts...

So generally there will be no procedural problems.

Of course, in court proceedings.

The main key to the judgment, which includes the subjective intention of the judges.

Building bridges is a good thing.

According to Zhang Laichun, in this case, the
It's outrageous!

It's just off the charts!

The person sentenced was Zhang Laichun's elder brother Zhang Laidong.

He was sentenced to a six-month term for paying for bridge repairs.

Su Bai took a breath, and then asked: "Did you hire a lawyer during the first trial...?"

Zhang Laichun scratched his head.

"This... During our first trial, we hired a lawyer, but we just hired a lawyer at random. I feel that the professional level is not very good."

"We think that what we did is a good thing and there is no big problem, but who would have thought that we will be sentenced"

If the business level is not very good, then this question can be regarded as the answer.

If a public prosecutor is like Lu Wei, facing those who have already filed a case, they would like to send them all in. When encountering such a case, they will definitely find a way to send you in.

And so.

pick a quarrel.

As long as this charge is a little sidelined, the public prosecutor can completely influence the will of the judges.

hiss.
This kind of ambiguous crime is really difficult for other lawyers to handle!

After all, the most important thing about the definition of this crime is the intention of the judges.

but
As for this case, it is outrageous to be filed.
After all, Zhang Laidong's bridge repair is obviously a good thing.
If it is not for certain key evidence or other reasons, how could the case be filed?

Su Bai asked a few more key questions before he understood the whole story.

It turned out that there was a bridge construction company, which saw that there was no public bridge in this place.

I want to apply for the public bridge project in this place.

But one place cannot have two bridges, so the company discussed with Zhang Laidong whether it is possible to demolish the private bridge.

What Zhang Laidong meant was that the other party hadn't built the bridge yet, and people wanted to leave this private bridge, so he didn't agree.

Without further ado, the bridge construction company reported to the relevant law enforcement agencies on the grounds that Zhang Laidong built the bridge illegally and collected fees without permission.

Zhang Laidong was prosecuted.

But also to the relevant departments to report.

Let Zhang Laidong face an administrative fine of 30 yuan.

According to Zhang Laichun's description, Su Bai had a general understanding of the relevant issues and the relevant appeals.

The appeal is simple.

First: plead not guilty.

Second: Apply for revocation of administrative fines.

Facing Zhang Laichun's lawsuit, Su Bai nodded slightly.

However, Zhang Laichun's description of the specific situation is not yet detailed, and the relevant information needs to be understood through the dossier.

If there is no dossier
It's hard to say what's going on.

Moreover, he also needs to further understand the ideas of the parties.

After thinking about it, Su Bai said, "According to your statement, I already understand the general process."

"If you intend to go to our law firm to file a lawsuit, you can sign a power of attorney first."

"With the power of attorney, our law firm can carry out the next step of the investigation."

"Good Lawyer Su."

Zhang Laichun nodded, then wrinkled his face slightly, and asked:
"...Lawyer Su, can my brother win this case?
Just don't go to jail.

And the administrative penalty of 30 yuan is indeed too much for us.

Can it be less? "

Su Bai pondered for a few seconds and said, "We can only say this, try our best, we can't guarantee it."

Zhang Laichun nodded silently: "Good Lawyer Su, I understand."

Soon, the relevant power of attorney has been signed.

Before leaving Haifang Law Firm, Xiao Haibo forced two catties of tea:
"Lawyer Su, thank you for helping me this time. There are many issues involved in this case, and the lawyer's fee is not very high."

"But it was introduced by an old client of mine, so it's not easy to refuse."

"Lawyer Su, even if you have helped me a lot this time, I will definitely help you with any civil litigation problems your law firm encounters in the future!"

Facing Xiao Haibo's words, Su Bai smiled slightly.

"Lawyer Xiao is being polite."

In this case, even if the lawyer's fee is not required, Xiao Haibo's favor will be fine.

Nandu Civil v. the favor of the senior partner of the top law firm, no matter how you look at it, it's not a loss, okay? .
.... ...

On the way back to Baijun Law Firm.

Li Xuezhen's face was straight, recalling what happened in this case, her tone was serious:

"Lawyer Su, I don't understand"

"Why would someone do this!"

"Isn't it a good thing for someone to build a bridge?"

"It's really annoying that someone still reported it..."

"unacceptable!"

"I think the person who reported should be sent in!"

Li Xuezhen's small face was full of anger.

Su Bai smiled at the side and said:
"There are indeed certain problems in this case. According to what Zhang Laichun said, this matter was reported and provided by the person in charge of the bridge repair company."

"Can file a case."

"That shows that the evidence does have a certain legal basis."

"It's very wicked to be immoral, but such a sentence should be based on relevant laws and regulations, so let's read the file first!"

"profound.…"

"Good Lawyer Su"

"Lawyer Su, what I said just now was out of anger. I didn't intend to send people in. Don't get me wrong, Lawyer Su."

Su Bai:? ? ?
What you just said is the truth, right?

Tell me...you see someone who doesn't want to send him in.
The other party's lawyer, the accused party, the accused party, and even the presiding judge, one counts as one, which one do you not want to...?

explain this to me now
Can you believe it?

Su Bai just went through these words roughly in his heart, but didn't say the specifics.

It's fine to know Li Xuezhen's little thoughts, she can correct them slowly and subtly
but!

If you say it out, this kind of thinking will be aggravated, then you will be in trouble in the future.
"Well, I see."

"Let's get the files of the first trial first."

Seeing that Su Bai didn't pay much attention, Li Xuezhen breathed out cautiously.

Hey.
Just now I was careless and didn't control my thoughts, but luckily nothing went wrong.
Seeing that Su Bai had strode away, Li Xuezhen trotted to follow.

Zhang Laidong's case is not in Nandu, but in a county next to Linshi in Nandu.

Named Nanchuan County.

Nanchuan County is under the jurisdiction of Linnan City.

This case was also heard by the Nanchuan County Court in the first instance.

Came to Nanchuan County Court.

Su Bai submitted relevant materials and applied for copying the dossier.

After receiving Su Bai's relevant materials, the relevant staff checked it carefully, and then said:
"For the relevant files, it will take about two hours to copy them."

"Please wait patiently."

"OK, thanks."

Su Bai smiled and thanked him.

After sitting in the hall with Li Xuezhen and waiting for nearly two hours.

The female staff smiled and handed the copied file to Su Bai.

"Hello, here is the file you want."

"Thank you."

"You're welcome, this is the job we should be doing."

After Su Bai took the file, he handed it to Li Xuezhen.

After Li Xuezhen put the file into the briefcase, she patted the briefcase:

"Lawyer Su, the file has been obtained, what should we do next?"

"Well, let's go back to the law firm first."

Su Bai nodded slightly.

The dossier has been obtained, so the remaining problem is to check the dossier to see if there is any problem, and then go to see the party.

Linnan City is not far from the south. Soon, Su Bai and Li Xuezhen took a taxi and returned to the law firm.

And, sort out the files.

An hour later, Su Bai rubbed the center of his brows, and roughly sorted out the contents of the dossier.

And after clarifying the relationship between the evidence and the verdict, after taking a long breath, I had a rough judgment in my heart.

this case.

There is indeed a certain degree of difficulty.

The difficulty lies in the tendency of judges.

Let me talk about the verdict of the first instance
The reason why Zhang Laidong was found guilty of picking quarrels and provoking troubles in the first instance was mainly due to one point, according to the third point in the definition of the crime of picking quarrels and provoking troubles.

Forcibly taking or arbitrarily destroying or occupying public or private property, the circumstances are serious.

Reasons for judgment.

The bridge repair institute occupied public and private properties and collected fees for their own profit.

The amount of profit reached 3 yuan, that is to say, he was sentenced to six months in prison.

have to say
This crime of picking quarrels and provoking trouble is really awesome.

According to this definition, there is indeed nothing wrong with it.
But this crime is completely unreasonable to sentence you, and you can't find any faults.

You say you are not guilty?
it is good!
I will directly take out the laws and regulations, read them to you, and then explain them to you.

You still say you are not guilty?

No, why are you so stubborn?
I read it to you in accordance with the laws and regulations, and you still say you are not guilty?
Talk back? !
Sentence you!

Not only is the judgment, but there is nothing wrong with the judgment, leaving you with nothing to do.

Because the judgment is completely in accordance with the laws and regulations, you can't find any faults.

hiss.
Let’s take a look at the judgment of administrative punishment again. Without approval, the bridge was built privately and unjustly enriched, and the penalty was 30 yuan.

The fine was too heavy for Zhang Laidong to afford.

Gee
I have to say that in order to take over the project, that bridge construction company understood the law and reported it without saying a word. Not only did it report, but the report was successful!

TMD.

After Su Bai understood these, he went through the evidence materials submitted in the dossier.

After a brief tidying up, he let out a long breath.

"Meet the parties first!"
.
.... ...

On the second day, Su Bai brought Li Xuezhen to the Nanchuan County Detention Center.

After submitting relevant materials.

For people like Zhang Laidong who have only been sentenced to six months, the detention center will review the materials and inquire about related matters.

The corresponding staff brought Su Bai and Li Xuezhen to the summoning room.

How to say.
No need for sophistication, the efficiency of Nanchuan County is quite high!

Summon the room.

After the relevant staff ordered some related matters and regulations, they said:

"It will take about 10 minutes to summon the suspect."

"OK, thanks."

Su Bai thanked politely and Li Xuezhen waited quietly in the summoning room.

Li Xuezhen has a straight face.

I have a lot of admiration for Zhang Laidong, who does good deeds by building bridges.

soon.

Zhang Laidong came to the summoning room. Although he was not too old, he looked very old. Compared with Zhang Laichun, the skin on his face was darker.

At first glance, it is caused by years of hard work.

After Zhang Laidong saw Su Bai, his eyes lit up a little, and then he sat on the stool, facing Su Bai, he seemed a little stiff, and he calmed down for a few seconds before he opened his mouth and said:

"Hi lawyer, I'm Zhang Laidong."

Su Bai smiled and nodded: "Hello, I am your attorney, Nandu Baijun Law Firm, Su Bai."

"Just call me Lawyer Su."

"Good Lawyer Su."

Hearing Su Bai's words, Zhang Laidong's cautious mood eased a lot, and there was a gleam of brightness in his eyes.

"Lawyer Su, in fact, it doesn't matter if I'm sentenced to six months. That bridge is for the convenience of the villagers to cross the bridge, and I don't charge for profit. As long as someone builds it and it's convenient for the villagers, it doesn't matter if it is demolished."

"only."

"My children are going to college. After I was sentenced, this will affect my children's going to college."

"I still hope that the law can look at me for the sake of building bridges. Don't let this affect my children's college education and the money. It's too much, and I can't afford it."

"Lawyer Su, I just want this request..."

When Zhang Laidong spoke, his dark face was completely wrinkled.

"call"

Su Bai looked at Zhang Laidong.

For people like Zhang Laidong, I couldn't help feeling a little admiration in my heart.

There was a few seconds of silence.

After sorting out his emotions, Su Bai slowly said: "Yes! I have already understood your appeal."

"In this case, our law firm will try our best to help you with the appeal."

"You don't have to think about the rest... just leave it to our law firm."

"The key point now is the second trial."

"Do you have anything to say about the evidence? Or is there anything to refute, is there any disagreement?"

Su Bai took out the relevant evidence materials from the briefcase and put them on the table.

After Zhang Laidong took the materials with both hands, he squinted his eyes and carefully looked at the materials that Su Bai gave him bit by bit.

If the material is messed up, smooth it out with wrinkled hands.

After half an hour.

Zhang Laidong rubbed his eyes with rough hands, pointed to some problems on the material, and said slowly:
"Lawyer Su, I think there is something wrong with these points."

Su Bai nodded.

Instruct Li Xuezhen to record it.

Li Xuezhen recorded the question pointed out by Zhang Laidong with a straight face.

After finishing.

Su Bai looked at the recorded materials, roughly went through them, sorted them out, and put them into the briefcase.

Immediately afterwards, he instructed Zhang Laidong to do some related matters.

Zhang Laidong nodded seriously: "Good Lawyer Su, I will listen to you."

After dealing with all this.

Su Bai took Li Xuezhen out of the detention center.

After walking out of the detention center, Li Xuezhen's face was depressed, and she spoke slowly:
"Lawyer Su, I think that Zhang Laidong is really a good man, he shouldn't be sentenced."

"Lawyer Su, we must win this lawsuit, right?"

The corner of Su Bai's mouth raised slightly: "Do you think I will lose the lawsuit?"

Li Xuezhen's eyes narrowed into a crescent moon: "Lawyer Su, no!"

Su Bai: This is the first administrative-related lawsuit, and I will definitely not lose!

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(End of this chapter)