You became a lawyer and sent the judge in

Chapter 169 Three-party defense, presiding judge: Really fierce!
The use of high probability in the field of civil affairs is actually very common.

But it is rare to use it like Qian Wei.

Even in terms of evidence, neither side has direct evidence.

It's based on life experience.

So in a certain respect, Zhang Dahu's confession and evidence are relatively sufficient compared to Chen Meixia's.

Especially when Chen Meixia made her own confession earlier, Zhang Dahu knocked her down from behind, and Chen Meixia saw Zhang Dahu's face. This basic fact is completely nonsense.

Is this in line with normal logic?
incompatible!
Then why such a judgment?

Obviously there are certain problems.

after all.….
In the original trial, Qian Wei only accepted Chen Meixia's confession as the factual basis, with a high degree of probability, but did not use Chen Dahu's confession, which obviously did not conform to the logic of the trial and the rationality of a fair judgment.

After Su Bai finished his statement, on the trial stage, the presiding judge Ren Yuandong made a brief summary of the prosecution, the defendant and the accuser's statement and defense.

Go through it quickly.

Summary is complete.

Boom boom boom!
Ren Yuandong looked at the defendant's seat: "Now, please ask the defendant to entrust a lawyer to answer the questions raised by the attorney entrusted by the accuser."

"Good judge."

Liu Jun nodded silently to Su Bai's accusation.

Before this lawsuit, he deliberately got to know Su Bai, and knew that he was a top lawyer in the Southern Metropolis criminal circle.

Judging from Su Bai's accusation statement just now, the other party's defense angle is indeed very good.

but.….
As a proficient in duty crimes, he also has his own defense ideas for this type of cases.

It is not to say that facing Su Bai's defense statement, he was at a loss and had no way to deal with it.

Su Bai's statement is based on the fact that Qian Wei used the wrong legal provisions to defend, and it is based on the sixth point of the wrongful judgment he just stated.

As for the second point, that is the result.

That is to say, in terms of the arrangement of this lawsuit, it is still necessary to discuss the plea in accordance with the sixth point.

Clear your mind.

Liu Jun began to make a statement:
"We have objections to the points raised by the accuser."

"As described by the accuser, according to common sense, as an old man in her 70s, Chen Meixia couldn't realize that she was bumped by Chen Dahu. Qian Wei didn't take this into consideration when he tried and sentenced her. Based on the subjective purpose, it is to deliberately judge and create unjust, false and erroneous cases from the standpoint of individual subjectivity, which we do not agree with.”

"First: From Qian Wei's point of view, there is no problem in using high probability to judge this case. The reasons are as follows:"

"(1) As the presiding judge, Qian Wei first considered why Zhang Dahu wanted to help Chen Meixia and send her to the hospital."

"Is it possible that Chen Meixia was hit by Zhang Dahu, so Zhang Dahu is the person in charge?"

"It should be in line with common sense to make a judgment based on common sense?"

"Similarly, in the verdict, the most critical point is that Zhang Dahu paid the medical expenses three times. This is completely unreasonable. Although Zhang Dahu has stated his reasons, there is no evidence!"

"Zhang Dahu has no evidence to prove that what he said is true, and his act of being brave for justice is completely inconsistent with common sense."

"It is completely based on my own confession, and there is no factual basis and evidence to show this point of view."

"Based on life experience and common sense, it is generally refuted and refused to continue to pay the hospital's medical bills."

"Even Zhang Dahu, who really acted bravely and kindly helped to pay the medical expenses, and paid the medical expenses three times in a row, then such a situation violates common sense."

"According to the high degree of probability, is there any problem in judging Zhang Dahu?"

"No problem?"

"Because it meets the conditions of a highly probabilistic judgment."

"(2) Regarding the statement of the accuser, it is said that the other two judges who were adjudicating the case at the time mentioned who claimed and who gave evidence and that there was no sufficient evidence to prove that Zhang Dahu had committed a crime."

"Indeed, there is no problem in this case who uses who claims and who gives evidence."

"But based on the above point of view, there is also no problem in using a high degree of probability, because such a judgment is based on facts."

"(3) Since in the above judgment, the judgment was made with a high degree of human nature, and the corresponding conditions are met, then Qian Wei does not constitute the crime of perverting the law, because the subjective and intentional conditions for the crime of perverting the law have not been met, and its error has not been applied. Judgment under the laws and regulations."

"That is, we believe that the prosecution's and the prosecution's litigation defense and litigation application should be dismissed."

Liu Jun opened his mouth lightly and finished his statement and looked at the presiding judge's seat.

What is the key point of the judgment of this case?
The question lies in whether Qian Wei intentionally made a judgment for the crime of perverting the law and whether the law applied to the judgment was wrong.

If the presiding judge cannot make a judgment by answering the lawsuit based on these two points, then the goal of exonerating Qian Wei can be achieved.

For this case, Liu Jun has known about it a long time ago, and he has already thought about how to defend it.

So the current situation is that everything is under his control.

Although Su Bai is a top criminal lawyer in Southern Metropolis, he does not necessarily have deep cultivation in the field of duty-related crime law.

Liu Jun finished his statement.

dong dong dong.

On the trial stand, the presiding judge Ren Yuandong slammed the gavel, looking at the content of the litigation materials and fell into thought.

He has learned about this case, and the most important thing is this point. How to confirm Qian Wei's intentional intention of breaking the law?
When Su Bai made his first accusation, he spoke very well, completely expressing Qian Wei's subjectivity and legal misuse.

But Liu Jun's rebuttal was also very sharp.

First, from Qian Wei's point of view, he explained why a high degree of probability should be applied, and then explained Qian Wei's subjective expressiveness.

This case not only examines the struggle of the lawyers, but also examines his level as the presiding judge.

After a few seconds of silence, the trial Yang Renyuan turned to the prosecutor's seat:
"Does the prosecution have anything else to say?"

Guan Tong has a relatively deep understanding of this case.

At the same time, this lawyer also had a certain understanding of Liu Jun, and Guan Tong disagreed with Liu Jun's statement and defense.

Because as the public prosecutor of this lawsuit, Guan Tong is also a relatively proficient public prosecutor for job crimes.

He knew the purpose of Liu Jun's reply, and he also knew how to deal with Liu Jun's reply.

So he made a statement: "The presiding judge... we do not agree with the statement made by the defendant's attorney."

"First of all, the first point is that according to the high probability, the evidence on both sides is insufficient, and the side with relatively sufficient evidence should be favored."

"Aiming at this concept, the lawyer representing the defendant obviously deliberately blurred this concept."

"And completely ignored the objective reasons, and used Qian Wei's subjective argumentation."

"First of all, what I don't understand is why the agent of the litigated party should rely on Qian Wei's subjective argumentation?"

"Do you think Qian Wei's subjectivity is not intentional?"

"But if Qian Wei's subjectivity was not intentional, why did he only adopt the plaintiff's point of view and not the defendant's point of view during the trial?"

"According to the accuser's description, regarding Chen Meixia's confession after she was knocked down, does this violate common sense?"

"But why did Qian Wei deliberately ignore this point in the court trial instead of adopting it? If this point is adopted, then can Chen Meixia's relative adequacy of evidence be greater than Zhang Dahu's relative adequacy? ?”

"At this point, if Zhang Dahu's relative adequacy is relatively high, can a high probability be used to determine that Zhang Dahu lost the lawsuit?"

"Is it so that it can't be judged?"

"According to the law, in the legal sense, it is not possible to rely on the subjectivity of criminal suspects to prove some facts, because it is impractical.

Because the subjectivity of the criminal suspect will help him to get rid of the crime, it is necessary to analyze and further adopt it from an objective perspective. "

"Then we analyze and judge Qian Wei's behavior based on objective facts and reasons."

"In this case, what are the objective facts and basis?"

"It was Qian Wei who did not agree with the arguments put forward by the other two judges among the members of the collegial panel at that time, who argued who presented evidence and the evidence was insufficient, and chose a high degree of probability for his judgment."

"And used his own subjective judgment in the judgment."

"Just say a little bit."

"In the verdict, Qian Wei made a judgment: Neither party stated in the trial that Chen Meixia was in a coma at the time, and it was because of her own reasons that she slipped or fell to the ground, so it was judged to be a man-made knock."

"Both parties did not make a statement at the trial, so can it be determined that it was knocked down by humans?"

"According to the replay of the live broadcast of the trial, the reason for the lack of statement is that the dispute between the two parties is not here."

"And as a presiding judge, Qian Wei has a certain conclusion. If he has considered this point, why didn't he ask both parties?"

"But in the judgment, did you use this point?"

"What constitutes the cause of this?"

"in addition!"

"Judging from the replay of the live broadcast of the trial, Qian Wei faced the defendant Zhang Dahu step by step, and in the process, he even used the method of inducement to conduct interrogation."

"As the presiding judge, it's impossible for Qian Wei not to know that the induced evidence and confession are illegal?"

"If all these factors are combined, then what is Qian Wei's purpose in doing this?"

"The purpose is written in the verdict, that is to let Zhang Dahu lose the lawsuit."

"Is this a serious violation of the truth and distortion of the facts through the judgment?"

"According to the objective facts and evidence, isn't Qian Wei a pervert of the law?"

"Isn't it deliberately distorting the facts of the judgment?"

"The presiding judge and the prosecution believe that the statements made by the defendant's agent are completely taking light and avoiding important points.

It is to excuse the criminal suspect Qian Wei. The subjectivity of the criminal suspect does not have the conditions for certification and the reasons for defense as evidence.

Therefore, the prosecution applied to dismiss the defendant's request to appoint an agent to defend the lawsuit. "

"Judge, our defense is over."

Guan Tong's statement.

I have to say that as a public prosecutor, the attack on Qian Wei was very swift and violent.

To sum it up, there are two points:
The first point is to refute the subjectivity of Qian Wei stated by Liu Jun, but proceed from objective facts to demonstrate Qian Wei's subjectivity.

The second point is that Qian Wei had inductive inquiries during the trial.

The subjectivity of Qian Wei's further judgment through this point is that the intentional judgment was contrary to the facts, violated the law, and committed the crime of perverting the law.

On the presiding judge's seat, Ren Yuandong nodded slightly, expressing his understanding of the point of defense raised by the prosecutor, Guan Tong.
.
....
at the same time.

Su Bai looked at the prosecution seat with a smile.

Originally, he also wanted to refute from this aspect, and the way of argumentation was more intense, but Guan Tong was the first to raise it.

In the defense of Liu Jun and Guan Tong.

The most important thing for both parties is to judge according to Qian Wei's main subjectivity.

Although Liu Jun refuted his question, the point he used was to express it through subjectivity.

There is no evidence to prove this subjectivity.

So for Guan Tong, it is relatively easy to refute.

That is to refute subjectivity from the side of objectivity, and to prove it with factual evidence.

At this trial...
Whether it is him, the prosecution, or the attorney of the defendant.

All three parties have vigorously defended this point.

Now let's see...

This trial is going to be a fantastic plea.

This made Su Bai faintly look forward to what kind of method Liu Jun will use next to excuse Qian Wei.

call.….
The litigation representatives of the three parties in the trial all looked at the seats on the trial table at the same time.

This made Ren Yuandong, the presiding judge, also feel some pressure.

The content of the defenses of all parties has a basis if you look at it alone.

So it shows that the three parties have studied the content of this trial and the legal provisions in accordance with it very deeply.

As the presiding judge, if the level of disclosure is not enough...

Then there may be many problems.

It's hard to judge now!

Ren Yuandong thought silently in his heart.

PS: Ask for a monthly pass~

　Why do some people still say that the monthly ticket is used to motivate me by voting for the previous one.

　　
　
(End of this chapter)