You became a lawyer and sent the judge in

Chapter 171 You said you were innocent, so you are innocent?Judge: Judgment!

Soon, the recess is over.

Continue to court.

Three members of the collegial panel were seated.

Su Bai raised his head slightly to look at the seats on the trial bench, and said silently in his heart:

As long as the judgment that the application of the law is wrong is made, then this court trial is almost over.

The presiding judge misapplied the law, causing huge losses to the parties. No matter what, if they are prosecuted, they have to go in!

Three parties in court.

They are all looking at the presiding judge's seat.

dong dong!

The presiding judge Ren Yuandong sounded the gavel: "The adjournment is over, and the trial will continue now."

"According to the defenses of all parties, we now make a judgment on whether Qian Wei's judgment on Zhang Dahu's case was wrong in applying the law."

Qian Wei breathed nervously on the defendant's seat, looking straight at Ren Yuandong.

Only Ren Yuandong said: "Qian Wei's judgment against Zhang Dahu in Zhang Dahu's case is obviously wrong in applying the law."

"Based on the following:"

"According to the highly probable civil evidence rules, the judgment is based on the party with relatively sufficient evidence, but in Zhang Dahu's case, according to the relevant evidence and subjective conditions, Zhang Dahu's party obviously has more sufficient factual basis. "

"Clearly does not qualify as high probability."

"Therefore, it is judged that Qian Wei applied the law wrongly in Zhang Dahu's case."

dong dong!

After the judgment was completed, Ren Yuandong slammed the gavel: "Do you have any objections?"

Guan Tong breathed a sigh of relief: "We have no objection."

Su Bai: "We have no objection."

Liu Jun frowned, and wanted to express his objection, but Chen Meixia's previous performance... Even if she made a statement, she would be dismissed.

"We have no objection."

Liu Jun's voice fell.

Qian Wei's breathing stagnated for a few seconds, and he felt a tightness in his chest. Then he took a few long breaths before he recovered. At the same time, he kept complaining in his heart. He knew that Chen Meixia would not have come over!

Otherwise, such a thing might not have happened!

If Chen Meixia hadn't made the statement like that at the time, Su Bai might not have been able to catch the loophole, and the result now would be completely different.

At this time, Qian Wei's heart was full of complaints against Chen Meixia, rather than thinking that he had done something wrong.
.
 …
After the judgment was completed, the reactions of all parties were different, and the trial continued.

dong dong!

"There is no objection from all parties, so the next step is to judge whether Qian Wei's subjectivity is intentional."

Perverting the law in adjudicating, misapplying the legal basis, violating the factual basis, and having subjective intentional behavior.

After using the error of law to determine.

As for the judgment of subjectivity, it is relatively easy.

Su Bai muttered silently, there is nothing wrong with this case.

dong dong!

Ren Yuandong looked at the prosecution: "The prosecution, please make a statement."

"Good judge."

Guan Tong sorted out the materials in his hand, and said:
"The prosecution believes that the objective factual basis shows that Qian Wei has the condition of subjective intention."

"The specific situation has the following two points:"

"First: In the case of knowing that the application of the law is wrong, it still does not listen to the advice of the collegial panel, does not use the civil procedure regulations of who claims and who provides evidence to make a judgment, but uses a high degree of probability to judge the case. There is a certain degree of subjective intentionality. .”

"Second: There is a call record with Li Mu, and this case was mentioned in the chat. As a judge, he did not avoid it in a timely manner. He intentionally contacted the relevant personnel of this case, which was intentional in the subjective sense."

"The prosecution has finished its statement."

After Guan Tong finished his statement, Ren Yuandong turned his attention to the defendant's seat and said, "Now, the client of the defendant is invited to make a statement and rebuttal..."

"Ok."

Liu Jun nodded slightly, and raised objections based on the prosecution's accusation:
"We do not agree with Qian Wei's intentional performance on the two points raised by the prosecution."

"First of all, how did the prosecution determine that Qian Wei did not listen to the advice of the collegial panel and continued to use a high degree of probability to judge the case when he knew that the application of the law was wrong?"

"I don't know how the prosecution came to this conclusion."

"According to the situation shown by the evidence and the result of the judgment in the trial.

Qian Wei's use of a high degree of probability is indeed a mistake in the application of law.

But under the circumstances at that time, it cannot be said that he applied the law wrongly, but it means that he did it on purpose, right? "

"Is there a possibility that Qian Wei's trial level is relatively poor, or is it due to the influence of objective factors, which led to wrong judgments?"

"Based on the above conditions, we do not agree with the prosecution's accusation against Qian Wei."

"Judge, we have finished our statement."

dong dong!

Ren Yuandong struck the hammer and set his sights on the accuser's seat.

"Now I invite the prosecution to add."

"Good judge."

Su Bai smiled after listening to the mutual defense between the prosecution and the defendant's attorney.

The questions raised by the prosecution were sharp.

The defense's rebuttal was only a rebuttal to the prosecution's first point.

There is indeed some truth in the rebuttal, but he didn't mention a single word about the second point.

Why not mention the second point?

Because of the second point, the defendant's legal representative also knew that he could not refute it at all.

Regarding the relationship at this level, Su Bai said:
"Our statement is very simple, that is, I want to ask the defendant and the defendant's agent a few questions."

"Does Qian Wei know about the relationship between Li Mu and Chen Meixia? We've already mentioned this case, so he must know about the relationship at this level, right?"

"According to the prosecution's investigation, the private relationship between Qian Wei and Li Mu is relatively good. Why didn't Qian Wei immediately take action when he learned that Li Mu had a relationship with the parties involved in this case?" Avoidance principle?"

"Is it because of your own favor?"

"And the most important point is why Qian Wei didn't listen to the suggestions of the members of the collegial panel, made a wrong judgment, and used a high degree of probability?"

"In this intentional subjective judgment."

"First of all, Qian Wei and Li Mu passed the conversation, did not take evasion, and then made a wrong judgment."

"It's not just knowing after a wrong judgment."

"There is a causal relationship between the two, not a causal relationship."

"As a presiding judge, there are many cases that have been judged, and Qian Wei's judgment level as stated by the attorney entrusted by the litigant may be poor, and there may also be certain objective factors."

"However, Qian Wei's judgment level is poor, but he has served as the presiding judge for so long, shouldn't he understand the most basic truth?
And there were two other members of the collegial panel, but he didn't accept them. Could it just be covered up by the poor level of judgment? "

"Why did Qian Wei make this judgment after Li Mu and Qian Wei had a conversation?"

"In addition, there are certain objective factors. I would like to know what objective factors the defendant's agent refers to?"

Su Bai's eyes fell on Liu Jun, and Liu Jun was silent for a few seconds.

Regarding the phone call, he really couldn't refute it, because Qian Wei did not adopt the principle of avoidance, and he also knew the essence and reason of this case.

In essence, it was Qian Wei's sophistication. He originally swore that nothing would happen, but he didn't expect the car to overturn this time.

It is difficult to refute this point.

That's why Liu Jun only refuted the prosecution's question and didn't bring the topic to this aspect.

Su Bai pointed out this problem in the supplementary statement.  …

It is indeed difficult to answer.

Actually.

The most important thing in this case is the defense point of whether the application of the law is wrong.

As for subjectivity?
The reply point of subjectivity does not appear to be particularly important.

Because the case has been prosecuted, the members of the collegial panel must have already focused on the subjective aspect.

If the defendant cannot come up with sufficient evidence, factual proof and supporting materials.

Then, with regard to the judgment of subjectivity, the collegiate panel can directly determine intentionality.

Besides, in the case of Qian Wei.

Various indirect proofs and direct proofs formed a complete chain of evidence, and Qian Wei was not accused of subjective intentionality with a single piece of evidence.

Therefore, it is difficult to refute.

Liu Jun knew this very well.

After a few seconds of silence, Liu Jun spoke slowly:
"To judge whether Qian Wei is subjective or not, although it is said to proceed from an objective point of view, Qian Wei's subjectivity is also extremely important."

"Otherwise, it is easy to cause a wrongful case and wrongly judge a good presiding judge."

Su Bai: "????"

What does this say?

It is easy to cause a wrongful case and wrongly judge a good presiding judge?

What is your purpose in saying this?
Does this mean that the accusation against Qian Wei was wrongly judged?
Tsk...
Su Bai retorted without hesitation:

"Then I would like to ask the litigation attorney, from Qian Wei's point of view, his subjectivity is very important, but he only needs to say that he didn't do it on purpose, so does he negate objectivity?"

"And what about the cases he misjudged?"

"What about the parties in the cases he misjudged?
After all, when Qian Wei made the judgment, he didn't even follow the law as to who claimed and who produced evidence and the lack of evidence, but judged Zhang Dahu to bear the responsibility according to the rules of proof. "

"For this case, did he care about whether it was a wrong case?"

"During Qian Wei's tenure as the presiding judge, did he ever consider what kind of impact a wrong judgment would have on the parties?"

"If you don't pass objective evidence, what do you need to pass? Qian Wei himself said that he is not guilty, so he is not guilty?"

"If that's the case, what do you need evidence for?"

Facing Su Bai's questioning.

Liu Jun did not continue to speak.

On the presiding judge's seat, Ren Yuandong thumped the gavel and looked at the defendant for questioning.

"Defendant Qian Wei, regarding the evidence presented to you by the prosecution and the prosecution, do you have any objections to the above objective facts?"

Qian Wei shook his head: "Judge, I have no objection."

The accusations of the prosecution and the prosecution are based on evidence and facts, and he really has nothing to refute.

Only after going through the defense of this trial, Qian Wei also realized that the defense of this trial has reached the final stage.

Taking a deep breath, he set his sights on the presiding judge's seat.

The presiding judge Ren Yuandong circled around the trial scene.

Ring the gavel.

"Do all parties have objections to the content of the above defense or have other defense opinions?"

Guan Tong: "No objection, no other arguments."

Su Bai: "No objection."

Liu Jun frowned: "There is no other reply."

Boom boom boom!
"None of the parties has any other defense opinions, and it is now judged that Qian Wei's subjective judgment is intentional."

dong dong!

"Are there any objections from all parties?"

All three parties expressed no objection to the decision.

On the defendant's seat, Qian Wei looked depressed, and his eyes fell on his entrusted seat.

Liu Jun noticed Qian Wei's gaze, but he didn't speak, not even a hint of emotional expression.

He had tried his best in this case, and it was only because Qian Wei didn't grasp it well in the first judgment in the early stage.

Seeing this, Qian Wei felt extremely regretful, and looked at the presiding judge's seat, not knowing what he was thinking.

PS: Ask for a monthly pass~

　I must end this case today~ Because the statement is more exciting, it is divided into two chapters~ Get out of the code and try to post it as soon as possible.

　　
　
(End of this chapter)