You became a lawyer and sent the judge in

Chapter 174 New Criminal Facts, Second Instance: Additional Sentence!

Regarding Qian Wei's second-instance lawsuit, the Provincial High Court quickly agreed to the second-instance request.

It's just that the venue of the trial was not in the Provincial High Court, but it was sent back to the court of first instance for a new trial.

The Chang City Intermediate Court quickly responded to the retrial of the case and fixed the time for the trial.

After the trial time is determined, the eve of the trial.

Guan Tong also specially notified Su Bai to come over and have a look at the judgment of the second instance.

Su Bai agreed to come down, and on the day of the trial, he brought Li Xuezhen to the seat of the trial stand.

Originally, Su Bai just wanted to take Li Xuezhen with him, but what he didn't expect was that Li Xuezhen offered to take Wang Kexin, the little ball head, on his own initiative.

"Lawyer Su..."

"Wang Kexin from our law firm also wants to go to the second trial this time, and wants to join him. I wonder if it's possible?"

Watch the trial.

It doesn't matter how many times you go, it's all about learning.

After greeting Xu Xiang, he confirmed that taking Wang Kexin, a trainee lawyer, would not affect Xu Xiang's work progress.

Su Bai took Li Xuezhen and Wang Kexin to the Changshi Intermediate Court, which was the original court of first instance.

After sitting down.

The little excited expression on Wang Kexin's face is not much less than that of Li Xuezhen!
It's just the light in her eyes, not as clear as Li Xuezhen's.

Su Bai: ...
Only at this time did Su Bai know why Li Xuezhen proposed to bring Wang Kexin along.

Co-authoring is to develop the small team of giving away, right?

Let's witness the moment when the presiding judge was sent in?

tsk tsk...

Su Bai rubbed the center of his brows, if it develops like this, won't all the people in the law firm be crooked in the future?

The upper beam is not upright and the lower beam is crooked.

Pooh!
wrong!

What does this have to do with him?
This trend is clearly perverted by Li Xuezhen! !

Li Xuezhen: I didn't know it before, but Kexin turned out to be a fanatic fan of giving away...
However, Su Bai didn't pay much attention to these.

They are spectators of this trial and do not participate.

only.…

This small team for giving away... can't be expanded any further!

At this time, Liu Jun in the litigant seat noticed Su Bai in the trial seat.

Liu Jun frowned slightly, his gaze fell on Su Bai's face for about five seconds, and then he withdrew his gaze again.

He had prepared very well for this court trial, but he said he was sure of it.

Will win the case! .
...

Must win?

Su Bai noticed Liu Jun's gaze, shook his head slightly, and focused his attention on the trial.
.
 …
After all parties have entered the venue.

Trial.

After the presiding judge gave a brief account of the opening of the court and other things.

The litigants and the prosecution began to present their applications.

Liu Jun directly defended his innocence, and the most critical piece of evidence he presented was:
witness.

The witness was the one who saw Zhang Dahu help Chen Meixia up and take her to the hospital.

From the perspective of witnesses, it was further judged that Zhang Dahu was the one who knocked down Chen Meixia.

Use this as a basis to overturn the judge's verdict against Qian Wei's breach of the law.

Because the most important point in judging Qian Wei's violation of the law is that the judgment deviates from the facts.

If the court judges that Zhang Dahu really knocked down Chen Meixia, then Qian Wei's judgment does not deviate from the facts.

Naturally, the prosecution was dismissed.

Based on this, Liu Jun even questioned the prosecution of the first-instance prosecution.

Regarding this, can Guan Tong bear it?I definitely can't bear it!

You have a leg!
Find a passerby to testify and come to question the prosecution, are you kidding me? !

Guan Tong can confirm that Zhang Dahu did not hit anyone, and the factual evidence has shown that Qian Wei's problem is particularly serious.

A passer-by was called to testify.

I don't know what to remind and explain.

Passers-by insisted that Zhang Dahu helped him up, and then Liu Jun deduced through various details that Zhang Dahu knocked him down.

to be honest.

There is still no direct evidence, and a single piece of evidence cannot form a chain of evidence.

What's more, Guan Tong asked passers-by some detailed questions.

The words of passers-by as witnesses were vague, inconsistent and unclear.

Later, it was natural to judge that the testimony of passers-by was invalid.

However, after Liu Jun's defense in this trial, there is still a possibility that the sentence will be suspended. When the presiding judge asked whether the two parties submitted new evidence.

Guan Tong simply stopped pretending.

The collected evidence was directly submitted to the trial.

"Presiding judge, we have submitted three new pieces of evidence against Qian Wei."

When Guan Tong opened his mouth.

Liu Jun:? ! !
three what?Three new pieces of evidence? !
Guan Tong ignored Liu Jun's reaction and continued:
"The three new pieces of evidence submitted by us are as follows:"

"The first one is the incident collected by the prosecution about Qian Wei receiving expensive gifts in Wang's case."

"The second is that in Xu's case, the prosecution learned that Qian Wei had committed a crime."

"The third is that in a certain case, the prosecution obtained some key judgment evidence."

"Based on the above, Qian Wei formed a new criminal fact."

"We request the members of the collegial panel to judge this."

Afterwards, Guan Tong handed over the relevant evidence to the staff beside him.

The staff on the side handed over the evidence to the members of the integrated court.

After confirming the relevant evidence, Guan Tong continued:
"According to the provisions in Article 399 and Article 385 of the Criminal Law."

"Because of the 385 crimes of accepting bribes and the 399 crimes of perverting the law at the same time, they should be convicted and punished according to the provisions of the heavier punishment."

"According to the final provisions in Article 237, if there are new criminal facts, then the court can impose an additional sentence."

"Therefore, the prosecution proposes to increase the sentence, and proposes a sentence of five years in prison."

After finishing speaking, Guan Tong looked at the presiding judge's seat.

These sources of evidence were all found in the comment area of ​​the short video of Nandu Baijun Law Firm.

The situation at the time was that Li Xuezhen noticed the comments on the short video and notified Su Bai.

Su Bai immediately contacted the person who commented on Qian Wei, the presiding judge who broke the law in the comment area.

The relevant information will then be handed over to the customs for verification and review.

In this short period of time alone, three cases of Qian Wei's perverting the law and other criminal facts with clear evidence were confirmed.

Although it was only said that three judgment cases with clear evidence were confirmed, in fact Su Bai learned about at least eight cases.

It's just a few other cases that don't have clear evidence.

Up to eight!

The harm caused to the parties by an unfair judgment in the court trial is the lack of credibility.

How many people have faced this situation caused by the eight incidents?

What's more, what Qian Wei did was far more than these eight incidents.

According to Su Bai's calculations, during Qian Wei's tenure as the presiding judge, he presided over hundreds of civil litigation cases.

Among these hundreds of judgments, how many judgments were made by Qian Wei based on his own subjectivity?
In these cases where Qian Wei judged according to his own subjectivity, how many people will have a negative impact on the credibility of the judgments of the Southern Metropolis Basic Court?
What is the final result?
The final result is that Qian Wei negates the efforts of many workers who are working hard to build fairness for the law on his own.

For the relevant personnel who violate the fairness of the law.

This kind of person should be severely punished!
As for Qian Wei's desire to reduce his sentence to achieve innocence or probation?

dream!

After the members of the collegial panel learned about the relevant evidence and confirmed it, they handed over the evidence to Qian Wei.

After Qian Wei saw these three strong evidences, his whole face collapsed.

Liu Jun frowned even more.

The second-instance lawsuit must have been lost.

What he can do now is to make Qian Wei's sentence less.

Therefore, his statement is discussed from the above-mentioned non-increased punishment.

In response to this, Guan Tong also made a sharp counterclaim.

"According to Article 237 of the Criminal Procedure Law, the above-mentioned principles and limitations of non-additional punishment."

"When the court of second instance hears a case appealed by the defendant or his legally-designated representative, defender, or close relative, the defendant's sentence shall not be increased.

The court of second instance remands the conditions for retrial by the court of first instance, unless there are new evidentiary conditions, and if there are new criminal facts, an additional sentence can be imposed. "

Regulations on this point.

The most important key is whether the evidence proves that Qian Wei has formed a new criminal fact.

The answer is yes.

However, regarding this point, Liu Jun and Guan Tong expressed their different opinions...

only.….
Whether it is from the perspective of evidence, or from the application and interpretation of the law.

Qian Wei obviously formed a new criminal fact.

The court's judgment on this is also based on these three new evidences, Qian Wei has formed a new criminal fact.

Judgment is over...

The results of the second trial regarding Qian Wei have come to an end.

Liu Jun's final court statement was extremely pale in the face of absolute evidence and factual basis.

All stood up, and the presiding judge began to announce the outcome of the trial.

Sentence!

"After the collegial panel's research and decision, Qian Wei has a new basis for criminal facts, and he will be punished for several crimes. Qian Wei will be sentenced to four years and six months in prison!"

Four years and six months in prison...

When the muffled sound of the gavel surrounded the entire courtroom, Qian Wei's entire face looked extraordinarily pale.

The result of the second trial was completely different from what he expected.

The prosecution submitted new factual evidence. Not only did he not have his sentence commuted, or he was sentenced to probation, he even got an extra year of sentence!
This time the second-instance verdict... It can be said that he was sentenced to death. He was sentenced to four years and six months in prison.

It is impossible to appeal anymore...

Faced with this situation, Qian Wei cupped his pale face with both hands, wondering what was going on in his heart.

Su Bai sat in the review seat, noticed Qian Wei's behavior, and there was no wave in his heart.

Now Qian Wei should feel regret in his heart, right?

I don't know if I regret that doing so has caused so many parties to suffer legal injustice.

I still regret that after waiting for four years and six months, I will not have a good retirement life when I come out...

Of course, the latter is more likely.

And Liu Jun had a calm expression, shook his head slightly, sorted out the litigation materials, and left the court hearing.

He had already discussed this trial with Qian Wei, no matter what, he had tried his best.

The prosecution presented new proof materials, which were beyond everyone's expectations, and he took every penny he should get, so whether he wins or loses the lawsuit has nothing to do with him.

Take money to work.

Whether things are done or not, it doesn't matter much to him.
.
 …
The moment of sentencing.

The most excited should be the two seats on the judging table.

Li Xuezhen and Wang Kexin.

One stared at Qian Wei closely, and there was an exciting light in his eyes.

Another little ball shook wildly.

Two people stand together, there is a very good feeling.

And at this time, Wang Kexin stretched out three fingers, which then turned into four fingers.

Li Xuezhen stretched out a finger, then bent it down.

Su Bai:? ? ?
You are excited, I know and can understand, because you want to see Qian Wei's punishment increased, and Qian Wei's sentence is sentenced, and you feel very happy from the bottom of your heart.

But what does it mean to stretch your finger?
Su Bai said that he didn't quite understand...
Fortunately, at this time, Guan Tong had already sorted out the relevant litigation materials and came before Su Bai.

He took a deep breath, and the expression on his whole face was extraordinarily relaxed.

It can be seen... that Qian Wei, the presiding judge who violated the fairness of the law, was sent in. Guan Tong's hair was filled with excitement.

Should have used Rejoice...

Su Bai thought silently in his heart.

"Lawyer Su...this trial is over! After four years and six months, the second trial is over. There should be no other problems with Qian Wei's judgment."

"It is impossible to appeal or file a supervisory review!"

"It's thanks to Lawyer Su, the three new pieces of evidence you provided. Otherwise, the trial would really go wrong, and Liu Jun would be sentenced to probation."

Su Bai smiled:
"If it wasn't for Qian Wei's judgment based on personal subjectivity when making judgments, or making so many mistakes in so many judgments."

"It's impossible to have that much evidence."

"However...someone like Qian Wei has judged so many cases in the position of judge...he is really lucky."

"Well, it's not lucky, mainly because this guy was very smart when he made the judgment."

Su Bai and Guan Tong chatted about the case with each other.

But we didn't talk for too long...

Qian Wei's second-instance judgment is over, and Su Bai returns to Baijun Law Firm with Li Xuezhen and Wang Kexin.

along the way.

Li Xuezhen and Wang Kexin looked like they wanted to communicate but did not dare to communicate too deeply.

Su Bai looked at it silently and didn't speak.

Inside the office.

call.…

Su Bai took a deep breath, took Li Xuezhen with him, and came to the Southern Metropolis Prosecutor's Office.

The staff who received Su Bai was still the same as before.

After seeing Su Bai coming, the staff member greeted with a smile.

"Come back to life...?"

"Correct!"

"Come to live..."

"Well, let's fill out this form first. The last time it was a wrongful referee, what is it this time?"

"Obstruction of justice..."

staff member:? ? ? ?

PS: Ask for a monthly pass~

(End of this chapter)