You became a lawyer and sent the judge in

Chapter 104 Counter-control: Two words: Voluntary!If you don't want to, why do you want to live?

When Mo Xiao faced Su Bai's statements and questions, his mood fluctuated slightly.

but
It will be adjusted in no time.

Quietly watching the presiding judge's seat.

As a public prosecutor, he certainly knows that the judgment of this case and the charge of picking quarrels and provoking trouble is generally determined by the presiding judge's inclination.

Between judgment and non-judgment.

He needs to be vigilant against the other party's way of disturbing his thinking.

At least, you can't jump into the big pit.

On the presiding judge's seat.

After listening to Su Bai's statement, Bai An frowned slightly, then nodded silently.

Immediately afterwards, he looked at the seat of the accused party and the seat of the prosecution.

"Now, the prosecution, state your case."

"Good judge."

Mo Xiao nodded slightly, then sorted out the materials in front of him, and said:

"According to the statement of the litigant."

"We made a simple summary."

"First, the point of view expressed by the litigants is that Zhang Laidong, the party concerned, did not forcefully demand."

"but!"

"Is the point of view of charging established...?"

"Can the litigant produce actual evidence to prove that Zhang Laidong, the party concerned, did not force her at all?"

"Based on the statement of the litigant."

"Currently, the litigants can only prove that Zhang Laidong charged the fee, and only some people did not claim it. However, according to the investigation, Zhang Laidong's account books and records, Zhang Laidong charged about 3 yuan for crossing the bridge."

"3 yuan is based on two yuan per person."

"Nearly 5000 people."

"The evidence provided by the litigant is nothing more than the investigation results of several or dozens of people, and it is not enough to expand it to the entire scope of application."

"Say more."

"According to the statement of the lawyers of the litigant, the collection fee does not account for one-third of the construction cost, but it is also of a profit nature. This statement cannot be the factual basis for defending Zhang Laidong's innocence."

"As for what the lawyers of the litigating party stated, it is a statutory infringement of the rights and interests of others."

"This point should be judged on the basis of facts."

"The law will not wrong a good man, nor will it not punish a bad man."

"I hope that the lawyers of the litigating party can defend from the perspective of legal factual basis."

"Presiding judge, the prosecution has finished its statement."

After Mo Xiao finished his statement, he looked up at the presiding judge's seat and smiled slightly.

Give me a big hat?

Okay, okay, you buckle, let you buckle!
You have to clarify the factual basis even if you put a big hat on it!
If you don't speak clearly, you should still be sentenced. Even if you blame me for everything, you still have to be sentenced!
hiss.
Facing Mo Xiao's statement, Su Bai let out a long breath.

It seems!

This Mo Xiao, as the public prosecutor in the first instance, did a good job of researching Zhang Laidong's case!
but.…

What legal justice are you talking to me about...?
Mo Xiao's statement actually expressed a point of view!
It's still the main point.

Why do you think that Zhang Laidong is not taking it by force? Can you produce direct evidence to prove this point of view?

and.

Mo Xiao passed the previous answer.

He also denied Su Bai's statement just now——

There is no factual basis to prove it accurately, and Zhang Laidong did not insist on it.

The key is "accurate".

How to say.
It is indeed a little tricky.

Of course, Mo Xiao also couldn't come up with an "accurate" basis for forcing his claim, and the entanglement between the two sides still lies in this aspect!
On the presiding judge's seat.

The presiding judge Bai An sorted out the views of both parties and the factual evidence submitted.

Frowning slightly.

Boom boom boom!
The gavel is sounded!
"Now the two parties have different opinions on whether Zhang Laidong is taking the matter by force in this case."

"Then, for other aspects."

"For example, Zhang Laidong built the bridge illegally, collected fees privately, and provided free fees to needy groups, and whether there is any objection to Li's voluntary return of bridge funds as stated by the litigant?"

The evidence is conclusive, who dares to object?

Su Bai: "We have no objection."

Mo Xiao: "We have no objection."

Boom boom boom!
"The litigants and the prosecution have no objection to the questions raised by the court."

"Party of the lawsuit, do you have anything else to say about the matter of Zhang Laidong's private collection of fees?"

"There are presiding judges."

"Then make your statement."

"Good judge."

Su Bai simply sorted out the materials, looked at the prosecutor's seat, and said slowly: "I want to ask the prosecutor a question."

dong dong!

"Will the prosecution agree to the inquiry?"

"agree."

"Parties may ask questions."

"Good judge."

The corner of Su Bai's mouth raised slightly, and he asked:
"I would like to ask the prosecutor, Zhang Laidong's private construction of the bridge is indeed an illegal construction, but the prosecutor believes that the subjective purpose of building the bridge against Zhang Laidong is for profit, or is it for the convenience of the villagers while recovering their own costs?"

"According to the evidence, it is now for profit."

Mo Xiao replied.

Su Bai continued to speak:
"I would like to ask the prosecution, after the bridge is built, will it be easier for the villagers to pass?"

Facing Su Bai's question, a trace of doubt appeared on Mo Xiao's face. This question, how should I put it, isn't it obvious?

"According to relevant investigations, the bridge built by Zhang Laidong has indeed provided convenience for the villagers to travel."

"Okay, thank you for your cooperation."

After Su Bai finished asking, he continued to state:

"According to the prosecutor's answer, the bridge does provide some convenience for the villagers to pass through."

"On the other hand."

"If there is no bridge, will the villagers still be charged?"

"What is the reason why the villagers are willing to pay the toll for walking on this bridge?"

"The reason why they are willing to pay the toll of 2 yuan to walk on this bridge is because they think it is worthwhile to cross the bridge at [-] yuan each time. If it is not worth it, they don't have to take the bridge at all, so naturally they don't have to pay the toll."

"Did Zhang Laidong forcefully say that others must walk on this bridge?"

"If there is such a reason, we believe that there is nothing wrong with Zhang Laidong's conviction! And the prosecution can completely sue for extortion!"

"However, the key point is that Zhang Laidong did not force others to walk on this bridge. There is no such thing as going against the wishes of others. From the point of view of Zhang Laidong and the general public, this bridge was built by Zhang Laidong, and he has a certain investment cost."

"According to his subjective wishes. There is no mandatory charge, nor is it mandatory for others to cross the bridge. It is all based on the principle of voluntariness. How can there be such a situation?!"

"As for the prosecution's complaint."

"The toll on this bridge is 3 yuan, and the number of people can reach 15000. We have no evidence to prove that these people were not taken by force."

"But at the same time, the prosecution also failed to provide factual evidence that these people were taken by force."

"in other words."

"Some people may be dissatisfied with the bridge toll in their hearts, but Zhang Laidong, our client, did not enforce it. He did not force to find the other party to charge. If he is willing to pass here, then he can pass here. If he does not want to, it is not compulsory. You don't have to walk on this bridge."

"Then what's the point of them paying to cross the bridge here?"

"Why pay to cross this bridge if you don't want to?"

"From this aspect, doesn't it mean that Zhang Laidong's point of view of charging fees for bridge construction is subjectively approved?"

"We believe that Zhang Laidong has no legal awareness in the matter of charging privately. There is no criminal behavior in the subjective aspect, and there is no disturbance of social order in the objective aspect. Our behavior should not be accused of picking quarrels and provoking trouble."

"Judge, we have finished our statement."

After Su Bai finished his statement, he looked at Bai An who was sitting on the presiding judge's seat.

To put it bluntly, the practice of charging fees is indeed unreasonable in the statutory sense.

But you can't be convicted of picking quarrels and provoking trouble!
You can't put everything on this charge.

After listening to Su Bai's description, Bai An nodded slightly, but according to the evidence provided by the prosecution
This is really hard to judge.
Boom boom boom!
Bai An struck the gavel.

"The collegial panel has fully understood the opinions of the litigant and the prosecution. Is there anything the prosecution wants to add?"

Mo Xiao flipped through the materials.

"Judge, we have nothing to add."

Boom boom boom!
"After both parties have made their statements, there is nothing to add. According to the focus of both parties, the collegial panel needs to conduct further discussions."

Boom boom boom!
"Now enter the adjournment stage, and the trial will continue in an hour!"

With the departure of the members of the collegial panel, the trial entered an adjournment stage.
.
.... ...

adjournment stage.

Su Bai on the litigant's seat and Mo Xiao on the accused's prosecutor's seat exchanged glances.

Neither of them spoke, but they competed silently in the dark.

Li Xuezhen on the side rubbed his eyes, he stared at Mo Xiao for so long, his eyes were a little sore.

"call.…."

With a small breath, Li Xuezhen turned her head to ask Su Bai.

"Lawyer Su..."

"I feel that this trial...is not easy..."

Su Bai nodded slightly.

"It's true that this trial is not easy, but judging from the current situation, the presiding judge's preference has not yet been determined."

"Now it is entering the adjournment stage, and I don't know much about the specifics."

"Let's talk about it after the trial!"

"Oh."

"Good Lawyer Su."

Li Xuezhen nodded seriously, rubbed her eyes, and continued to stare...
.
 …
At the same time, in the live broadcast room outside the court hearing.

Aiming at this case, heated discussions erupted.

Some people think that this matter should indeed be sentenced, after all, it is an illegal bridge construction.

Most people did not deny this matter, but more people believed that this matter should be faced with administrative punishment.

Rather than.... to be sentenced on the criminal charge of picking quarrels and provoking trouble.

Generally speaking, the comments in the live broadcast room are quite reasonable.

The comment section of the live broadcast room is also asking Luo Daxiang's opinion on this case.

Aiming at the focus of the constant disputes between the two parties, Luo Daxiang also expressed his views:

"Ok!"

"What everyone said has some truth. In the verdict of the first instance of this case, the main factor in the verdict is to force it."

"That's also the point of discussion between the litigants and the prosecution."

"Whether Zhang Laidong is a forceful one?"

"But neither side has shown that there is enough factual basis."

"However... the litigant's concept of statement is slightly better than that of the prosecution."

"In this case, I can't judge how to judge. The specific situation may have to wait until after the trial and judge according to the opinion of the presiding judge."

Luo Daxiang continued to smile and said: "Let's see again, after the adjournment is over, there is a high probability that there will be a decision on whether to judge Zhang Laidong for picking quarrels and provoking trouble!"
.
.... ...

Collegial panel, discussion room.

The three members of the collegial panel, Wang Zhihua, Bai An, and Xiao Jun, were sitting on the sofa discussing the verdict of this case.

"Tell me, you two can talk about what you think."

"This case is indeed a bit complicated, and neither side can produce enough evidence. In terms of inclination, I am a little biased, but I still need to listen to the opinions of the two of you."

Bai An glanced over the two of them.

The two were silent for a few seconds, then Wang Zhihua said:

"For this case... I have seen the verdict of the first instance. When I read the verdict of the first instance, I don't think there is any big problem."

"But..."

"The key lies in the lawyer of the litigant, Su Bai."

"There is no big problem with the defense he stated, and this explanation is very reasonable for insisting."

"Subjectively... I am partial to the defense of Su Bai, the litigant."

"After all...theoretically speaking, the prosecution cannot produce substantive evidence to accuse."

"Since the prosecution cannot produce substantive evidence to accuse, the litigant has a very strong defense opinion."

"Then it is impossible to judge picking quarrels and provoking trouble in accordance with the judgment of the first-instance litigation in this case."

"Ok!"

After listening to Wang Zhihua's words, Bai An nodded.

Then he looked at Xiao Jun again: "What about your opinion, you can talk about it."

Xiao Jun and Wang Zhihua had somewhat different opinions.

Xiao Jun said: "I am more inclined to the prosecution side."

"It's not that it is biased towards the prosecution side, but I can only say that if we look at the issue from a neutral perspective, I don't think there is a problem with the prosecution's point that not everyone is willing to take the money out."

"But according to the litigant, it is not voluntary to cross the bridge at all, this..."

"It also makes sense."

"I won't say much about the rest, let's see what the judge thinks."

Both judges presented their views.

After listening to their respective statements, Bai An nodded slightly, and continued:
"The prosecution doesn't have enough evidence to show that Zhang Laidong insisted on it. Do you two have any objection to that?"

"no comment."

The two spoke at the same time.

Hearing what the two said, Bai An nodded with a smile: "Since you have no objection, let's wait until the court hearing."

"After listening to their statements, we will judge the case."

"OK.…"

"Can.…"

Regarding Bai An's decision, neither of them had much opinion.

PS: Ask for a monthly pass~

(End of this chapter)