You became a lawyer and sent the judge in
Chapter 199 Backstabbed!They are all old fried dough sticks, I still don't understand you?
Chapter 199 Backstabbed!They are all old fried dough sticks, I still don't understand you?
If in accordance with the statement made by the defense litigator.
Xie Liang's behavior is completely a card bug.
Notify Li Fei in advance to let them leave Chen Bin's house.
It is equivalent to saying that at the time when Xie Liang arrived, Li Fei and the others did not belong to illegal trespassing.
After all, Li Fei was standing at the door and did not enter Chen Bin's house, so of course it was not an illegal intrusion into the house.
Xie Liang and others "have no evidence" and can only criticize and educate them.
It's legal and compliant, with absolutely no flaws.
In other words, within the rules of the rules and regulations, the use of rules and regulations is reasonable and legal.
In the process described by Jiang Donglin.
Xie Liang was there at the time and did not see Li Fei entering Chen Bin's house.
So from a subjective point of view, Li Fei and others did not illegally break into Chen Bin's home.
That is, the inability to foresee the danger of Chen Bin and He Lijuan did not constitute negligence of duty.
Gee
Cow!
So this is to pass the Qi in advance, and you don’t want to leave any clues, right?
Su Bai finally saw through Xie Liang's behavior.
What is this called?
"Reasonable avoidance."
tsk tsk...
6 to fly! .
…
On the court, Song Yuanhui looked at Su Bai after listening to the defendant's statement and continued:
"The defendant has finished his statement. Is there anything the prosecution needs to add...?"
"There are presiding judges."
Su Bai raised his hand to signal.
"Presiding Judge, our side has doubts about the defendant's statement."
"Please state."
"Ok."
Hearing Song Yuanhui's words, Su Bai nodded: "Judge."
"According to the materials and statements submitted by the prosecution, when Xie Liang learned about the debt collection situation, when he rushed to Chen Bin's house, he had a phone conversation with the debt collection boss."
"What was this phone exchange about?"
"Why is there such a phone conversation?"
"Furthermore, according to the confession of our party, Chen Bin, Li Fei was at Chen Bin's home when Xie Liang and others did not arrive."
"But."
"After calling the police, Li Fei also answered a call."
"After hanging up the phone, I walked out of Chen Bin's house."
"Not long after, Xie Liang and others arrived. That's what Xie Liang saw. Li Fei and others stood at the door of Chen Bin's house, insulting Chen Bin and his mother He Lijuan!"
"in this process."
"Whose call did Li Fei receive?"
"It's a call from the debt collection boss!"
"According to the debt collectors at the scene and the content of the call on Li Fei's mobile phone, we can know this."
"So based on the above, what phone call did Xie Liang make to the debt collector?"
"I would like to ask the defendant, Xie Liang, why did you call the debt collector at that time, and what was the specific content of the call...?"
"How do you explain that after you called the debt collection boss, Li Fei and others left Chen Bin's home and stood at the door. Doesn't it constitute an illegal invasion of the house?"
"It is equivalent to saying that the behavior of Li Fei and others has reasonably avoided the conditions for expulsion."
"We have the right to reasonably suspect that Xie Liang's behavior was to tip off Liang Xingyuan and let him notify debt collectors to avoid illegal intrusion into the house."
.
....
"also."
"When Xie Liang arrived to handle this dispute that day.
Chen Bin and Xie Liang voluntarily stated that Li Fei and others broke into their home.
But Xie Liang didn't respond to this matter at that time. "
"It's just a verbal warning to Li Fei."
"Is this behavior consistent with normal behavior?"
"As for the above behavior, I would like to ask Xie Liang, the defendant party, to answer."
Facing Su Bai's inquiry.
Xie Liang turned his attention to Jiang Donglin for help.
He has a ghost in his heart.
Of course you can't answer positively, but if you lie...
There must be loopholes in lying, and if the loopholes are caught, then the result can be imagined!
Seeing Xie Liang's thoughts, Jiang Donglin frowned slightly, but he didn't speak, nor did he want to help Xie Liang.
This is the crux of criminal proceedings.
Lawyers can help clients make representations.
However, if during the later investigation, the client retracts his confession, then there is a huge difference between the content of the lawyer's statement as the client and the content of the client's retracted confession.
The content of the lawyer's statement is equivalent to perjury in court!
It is possible to send him in!
So facing Xie Liang's request for help, Jiang Donglin pretended not to see it.
dong dong!
Song Yuanhui rang the gavel and looked at the defendant's seat.
"Can the accused party answer the questions raised by the accuser?"
Seeing that Jiang Donglin didn't express anything, Xie Liang sighed inwardly.
Looking up at the presiding judge's seat:
"President, my colleagues at the time also knew the specific situation."
"The reason for the call is that my private relationship with the debt collector, namely Liang Xingyuan, is relatively good."
"I don't know why those debt collectors left Chen Bin's house after I finished calling."
"The prosecution can investigate the specific content. The general content is that Liang Xingyuan asked me what I was doing."
"I told him I was going to work on a case, somewhere."
"Follow-up, I really don't understand anything."
"As for what the other party mentioned, why Chen Bin and I took the initiative to state that Li Fei and others had broken into their home, but there was no response."
"That's because when I arrived, Li Fei and others had already left Chen Bin's house. We need to confirm Chen Bin's words."
"But Li Fei and others completely denied that they broke into Chen Bin's house."
"We have no evidence to prove that Li Fei and others broke into Chen Bin's home."
"If there is no evidence to prove it, then we cannot just listen to the confessions of either party."
"I don't know who is the good guy and who is the bad guy. The situation at that time was more troublesome and there was no evidence."
"If Li Fei and the others are really good people, and we've heard what Chen Bin said, then we've wronged Li Fei?"
"Chen Bin just made a confession, and there is no evidence to prove it, so I haven't made any response yet."
"If Chen Bin could produce corresponding evidence at that time, then I would definitely expel Li Fei and others immediately."
.
....
"We can't just listen to one side without evidence, can we?"
"Moreover, at that time, Chen Bin and his mother He Lijuan did not have any injuries from being beaten. The two sides only had a verbal conflict."
"This verbal conflict does not constitute a particularly serious incident."
"It's mainly about warnings and admonitions."
"If the two sides really had any disputes, something would really happen. If it was going to happen, it would have happened long ago."
"That's what I was thinking."
.
....
tsk tsk...
Facing Xie Liang's statement, Su Bai slightly raised his head and looked at the presiding judge's seat.
In this case.
Neglect of duty is due to one's easy self-confidence and failure to foresee something that can be foreseen, which leads to serious subsequent consequences.
It caused two deaths and three serious injuries, which must have been a serious consequence.
Then I want to judge Xie Liang.It needs to be judged from the serious consequences that can be foreseen but not foreseen from the first point.
Xie Liang knew very well what he was thinking at the time and why he did what he did.
But judging from the way he expressed it and his direction.
There is really nothing wrong with it from this perspective...
how to say.…
Xie Liang is indeed a veteran!
Know how to avoid your own risks.
But.…
According to Xie Liang, judging subjectivity is not about listening to one side's confession.
Instead, it is necessary to combine auxiliary evidence, common sense and corresponding rules and regulations to make a judgment.
The specifics still depend on how the presiding judge handles the case.
Su Bai meditated in his heart.
.
.... ...
On the bench seat.
After listening to Xie Liang's statement, Song Yuanhui briefly organized it.
Then speak:
"The lawsuits filed by all parties against Xie Liang, Li Wanjia, Xu Botao and others have been completed."
"With regard to the accusation of dereliction of duty by the three, the court has made the following conclusions:"
"First, Xie Liang has an acquaintance with Liang Xingyuan, Li Fei's boss, and when handling the dispute, he called Liang Xingyuan in advance and disclosed relevant information."
"Second: In the face of Chen Bin's suggestion that Li Fei illegally invaded the residence, Xie Liang and others did not listen to his opinions when they went to handle the dispute case."
"Does the parties have any objections to the above two points?"
The above two points are irrefutable facts.
All parties have no objections to the two points summarized by Song Yuanhui.
dong dong!
"Since both parties have no objection to the above two points, let's continue with the defense."
"The defendant, Li Wanjia and Xu Botao, did you two understand the call between Xie Liang and Liang Xingyuan at that time?"
Song Yuanhui began to ask questions about the other two defendants.
Li Wanjia recalled for a while, then shook his head: "At that time, we didn't know that Xie Liang and that Liang Xingyuan were talking."
Xu Botao also denied knowing about it.
dong dong!
Song Yuanhui continued to ask: "During the dispute over Chen Bin at that time, did you have any disagreements over this dispute with Chen Bin? Or did you have any different opinions?"
Li Wanjia was silent for a while before speaking: "It should have happened."
"I don't know if that counts..."
"You make your statement first."
"OK.…"
Facing the words of the presiding judge, Li Wanjia nodded:
"The situation at the time was like this. I was the person responsible for taking on-site transcripts."
"After asking about the situation at the scene, Chen Bin said that Li Fei's group of debt collectors had entered their home."
"I was listening to Chen Bin's words and was about to write them down, but Xie Liang asked me not to remember them for the time being..."
"What I'm saying is that this is just an ordinary dispute case. If it is recorded, it will become a criminal case."
"If it's not, it will cause a misunderstanding, and it will be too troublesome later."
"What's more... When we were about to leave, I asked Xie Liang if we should drive away those debt collectors.
After all, they have been at the door of Chen Bin's house.
Although I didn't do anything, no one can guarantee that something unexpected will happen later.
Maybe it will cause danger to Chen Bin and Chen Bin's family, and accidents will happen.
I remember it clearly.
At that time, Xie Liang shook his hand and answered me directly, telling me to leave it alone.
He also told me that Li Fei and others are in public places, which do not belong to our jurisdiction, and we cannot expel them.
Then I asked again, even if I couldn't expel them, I could still remind them or ask them to leave.
Xie Liang heard my questioning, but didn't speak, and I didn't continue to ask. "
"..."
Li Wanjia gave a detailed statement of the situation at the scene at that time.
At this time, Song Yuanhui continued to ask another question:
"You mean that you warned Xie Liang at that time and foresaw that Chen Bin and his family might be in some danger, right?"
"Yes... because at that time there were only Chen Bin and Chen Bin's mother, He Lijuan, in Chen Bin's family, and there were more than a dozen adult men who went to collect debts, and there was a relatively large disparity in strength."
"I was reminded of the situation at the time."
"Ok."
After Song Yuanhui finished asking, he turned his attention to Xu Botao.
"The accused party, Xu Botao, is what Li Wanjia stated true?"
"As the third person, have you heard her express her thoughts on this?"
Facing this question, Xu Botao nodded dully: "Yes."
"Li Wanjia did tell Xie Liang about this situation at the time."
"I didn't say anything."
"Well, okay, thank you for your cooperation!"
Immediately afterwards, Song Yuanhui made a general summary of the inquiries from Li Wanjia and Xu Botao.
His eyes fell on the defendant Xie Liang.
.
....
At this time, Xie Liang's eyes flicked anxiously back and forth between Li Wanjia and Xu Botao.
These two people... what's going on!
Now they are on the same boat, how can they backstab him!
Li Wanjia, Xu Botao: Assassinated?
Both of them knew very well in their hearts that if it wasn't for Xie Liang, they wouldn't have sat in the defendant's seat at all.
It's time to confess, it's time to confess.
If you confess, you will be lenient, if you resist, you will be strict, do you understand?
If they still want to cover for Xie Liang now, they will be Xie Liang’s tools to commute his sentence...
about this issue.
The two of them are still very clear and understand, this is not called backstab at all.
Instead, confess!
Moreover.…
Everyone is old fried dough sticks, who doesn't understand?
It's obviously your business, Xie Liang, but you still insist on dragging the two of them into the water...
If they don't confess, they both have to confess here.
The prosecution's seat and the prosecution's seat.
Both Wang Jin and Su Bai looked at the defendant's seat with great interest.
From the current point of view, there is an unexpected situation inside the other party.
The next trial of this trial will be relatively easy to fight.
but.…
For Li Wanjia and Xu Botao, this is the best choice.
Because the two of them didn't mix with Liang Xingyuan.
To be involved in this trial is completely unwarranted.
at this time.…
Standing with Xie Liang?
There is no reason at all!
PS: Ask for a monthly pass~
(End of this chapter)
If in accordance with the statement made by the defense litigator.
Xie Liang's behavior is completely a card bug.
Notify Li Fei in advance to let them leave Chen Bin's house.
It is equivalent to saying that at the time when Xie Liang arrived, Li Fei and the others did not belong to illegal trespassing.
After all, Li Fei was standing at the door and did not enter Chen Bin's house, so of course it was not an illegal intrusion into the house.
Xie Liang and others "have no evidence" and can only criticize and educate them.
It's legal and compliant, with absolutely no flaws.
In other words, within the rules of the rules and regulations, the use of rules and regulations is reasonable and legal.
In the process described by Jiang Donglin.
Xie Liang was there at the time and did not see Li Fei entering Chen Bin's house.
So from a subjective point of view, Li Fei and others did not illegally break into Chen Bin's home.
That is, the inability to foresee the danger of Chen Bin and He Lijuan did not constitute negligence of duty.
Gee
Cow!
So this is to pass the Qi in advance, and you don’t want to leave any clues, right?
Su Bai finally saw through Xie Liang's behavior.
What is this called?
"Reasonable avoidance."
tsk tsk...
6 to fly! .
…
On the court, Song Yuanhui looked at Su Bai after listening to the defendant's statement and continued:
"The defendant has finished his statement. Is there anything the prosecution needs to add...?"
"There are presiding judges."
Su Bai raised his hand to signal.
"Presiding Judge, our side has doubts about the defendant's statement."
"Please state."
"Ok."
Hearing Song Yuanhui's words, Su Bai nodded: "Judge."
"According to the materials and statements submitted by the prosecution, when Xie Liang learned about the debt collection situation, when he rushed to Chen Bin's house, he had a phone conversation with the debt collection boss."
"What was this phone exchange about?"
"Why is there such a phone conversation?"
"Furthermore, according to the confession of our party, Chen Bin, Li Fei was at Chen Bin's home when Xie Liang and others did not arrive."
"But."
"After calling the police, Li Fei also answered a call."
"After hanging up the phone, I walked out of Chen Bin's house."
"Not long after, Xie Liang and others arrived. That's what Xie Liang saw. Li Fei and others stood at the door of Chen Bin's house, insulting Chen Bin and his mother He Lijuan!"
"in this process."
"Whose call did Li Fei receive?"
"It's a call from the debt collection boss!"
"According to the debt collectors at the scene and the content of the call on Li Fei's mobile phone, we can know this."
"So based on the above, what phone call did Xie Liang make to the debt collector?"
"I would like to ask the defendant, Xie Liang, why did you call the debt collector at that time, and what was the specific content of the call...?"
"How do you explain that after you called the debt collection boss, Li Fei and others left Chen Bin's home and stood at the door. Doesn't it constitute an illegal invasion of the house?"
"It is equivalent to saying that the behavior of Li Fei and others has reasonably avoided the conditions for expulsion."
"We have the right to reasonably suspect that Xie Liang's behavior was to tip off Liang Xingyuan and let him notify debt collectors to avoid illegal intrusion into the house."
.
....
"also."
"When Xie Liang arrived to handle this dispute that day.
Chen Bin and Xie Liang voluntarily stated that Li Fei and others broke into their home.
But Xie Liang didn't respond to this matter at that time. "
"It's just a verbal warning to Li Fei."
"Is this behavior consistent with normal behavior?"
"As for the above behavior, I would like to ask Xie Liang, the defendant party, to answer."
Facing Su Bai's inquiry.
Xie Liang turned his attention to Jiang Donglin for help.
He has a ghost in his heart.
Of course you can't answer positively, but if you lie...
There must be loopholes in lying, and if the loopholes are caught, then the result can be imagined!
Seeing Xie Liang's thoughts, Jiang Donglin frowned slightly, but he didn't speak, nor did he want to help Xie Liang.
This is the crux of criminal proceedings.
Lawyers can help clients make representations.
However, if during the later investigation, the client retracts his confession, then there is a huge difference between the content of the lawyer's statement as the client and the content of the client's retracted confession.
The content of the lawyer's statement is equivalent to perjury in court!
It is possible to send him in!
So facing Xie Liang's request for help, Jiang Donglin pretended not to see it.
dong dong!
Song Yuanhui rang the gavel and looked at the defendant's seat.
"Can the accused party answer the questions raised by the accuser?"
Seeing that Jiang Donglin didn't express anything, Xie Liang sighed inwardly.
Looking up at the presiding judge's seat:
"President, my colleagues at the time also knew the specific situation."
"The reason for the call is that my private relationship with the debt collector, namely Liang Xingyuan, is relatively good."
"I don't know why those debt collectors left Chen Bin's house after I finished calling."
"The prosecution can investigate the specific content. The general content is that Liang Xingyuan asked me what I was doing."
"I told him I was going to work on a case, somewhere."
"Follow-up, I really don't understand anything."
"As for what the other party mentioned, why Chen Bin and I took the initiative to state that Li Fei and others had broken into their home, but there was no response."
"That's because when I arrived, Li Fei and others had already left Chen Bin's house. We need to confirm Chen Bin's words."
"But Li Fei and others completely denied that they broke into Chen Bin's house."
"We have no evidence to prove that Li Fei and others broke into Chen Bin's home."
"If there is no evidence to prove it, then we cannot just listen to the confessions of either party."
"I don't know who is the good guy and who is the bad guy. The situation at that time was more troublesome and there was no evidence."
"If Li Fei and the others are really good people, and we've heard what Chen Bin said, then we've wronged Li Fei?"
"Chen Bin just made a confession, and there is no evidence to prove it, so I haven't made any response yet."
"If Chen Bin could produce corresponding evidence at that time, then I would definitely expel Li Fei and others immediately."
.
....
"We can't just listen to one side without evidence, can we?"
"Moreover, at that time, Chen Bin and his mother He Lijuan did not have any injuries from being beaten. The two sides only had a verbal conflict."
"This verbal conflict does not constitute a particularly serious incident."
"It's mainly about warnings and admonitions."
"If the two sides really had any disputes, something would really happen. If it was going to happen, it would have happened long ago."
"That's what I was thinking."
.
....
tsk tsk...
Facing Xie Liang's statement, Su Bai slightly raised his head and looked at the presiding judge's seat.
In this case.
Neglect of duty is due to one's easy self-confidence and failure to foresee something that can be foreseen, which leads to serious subsequent consequences.
It caused two deaths and three serious injuries, which must have been a serious consequence.
Then I want to judge Xie Liang.It needs to be judged from the serious consequences that can be foreseen but not foreseen from the first point.
Xie Liang knew very well what he was thinking at the time and why he did what he did.
But judging from the way he expressed it and his direction.
There is really nothing wrong with it from this perspective...
how to say.…
Xie Liang is indeed a veteran!
Know how to avoid your own risks.
But.…
According to Xie Liang, judging subjectivity is not about listening to one side's confession.
Instead, it is necessary to combine auxiliary evidence, common sense and corresponding rules and regulations to make a judgment.
The specifics still depend on how the presiding judge handles the case.
Su Bai meditated in his heart.
.
.... ...
On the bench seat.
After listening to Xie Liang's statement, Song Yuanhui briefly organized it.
Then speak:
"The lawsuits filed by all parties against Xie Liang, Li Wanjia, Xu Botao and others have been completed."
"With regard to the accusation of dereliction of duty by the three, the court has made the following conclusions:"
"First, Xie Liang has an acquaintance with Liang Xingyuan, Li Fei's boss, and when handling the dispute, he called Liang Xingyuan in advance and disclosed relevant information."
"Second: In the face of Chen Bin's suggestion that Li Fei illegally invaded the residence, Xie Liang and others did not listen to his opinions when they went to handle the dispute case."
"Does the parties have any objections to the above two points?"
The above two points are irrefutable facts.
All parties have no objections to the two points summarized by Song Yuanhui.
dong dong!
"Since both parties have no objection to the above two points, let's continue with the defense."
"The defendant, Li Wanjia and Xu Botao, did you two understand the call between Xie Liang and Liang Xingyuan at that time?"
Song Yuanhui began to ask questions about the other two defendants.
Li Wanjia recalled for a while, then shook his head: "At that time, we didn't know that Xie Liang and that Liang Xingyuan were talking."
Xu Botao also denied knowing about it.
dong dong!
Song Yuanhui continued to ask: "During the dispute over Chen Bin at that time, did you have any disagreements over this dispute with Chen Bin? Or did you have any different opinions?"
Li Wanjia was silent for a while before speaking: "It should have happened."
"I don't know if that counts..."
"You make your statement first."
"OK.…"
Facing the words of the presiding judge, Li Wanjia nodded:
"The situation at the time was like this. I was the person responsible for taking on-site transcripts."
"After asking about the situation at the scene, Chen Bin said that Li Fei's group of debt collectors had entered their home."
"I was listening to Chen Bin's words and was about to write them down, but Xie Liang asked me not to remember them for the time being..."
"What I'm saying is that this is just an ordinary dispute case. If it is recorded, it will become a criminal case."
"If it's not, it will cause a misunderstanding, and it will be too troublesome later."
"What's more... When we were about to leave, I asked Xie Liang if we should drive away those debt collectors.
After all, they have been at the door of Chen Bin's house.
Although I didn't do anything, no one can guarantee that something unexpected will happen later.
Maybe it will cause danger to Chen Bin and Chen Bin's family, and accidents will happen.
I remember it clearly.
At that time, Xie Liang shook his hand and answered me directly, telling me to leave it alone.
He also told me that Li Fei and others are in public places, which do not belong to our jurisdiction, and we cannot expel them.
Then I asked again, even if I couldn't expel them, I could still remind them or ask them to leave.
Xie Liang heard my questioning, but didn't speak, and I didn't continue to ask. "
"..."
Li Wanjia gave a detailed statement of the situation at the scene at that time.
At this time, Song Yuanhui continued to ask another question:
"You mean that you warned Xie Liang at that time and foresaw that Chen Bin and his family might be in some danger, right?"
"Yes... because at that time there were only Chen Bin and Chen Bin's mother, He Lijuan, in Chen Bin's family, and there were more than a dozen adult men who went to collect debts, and there was a relatively large disparity in strength."
"I was reminded of the situation at the time."
"Ok."
After Song Yuanhui finished asking, he turned his attention to Xu Botao.
"The accused party, Xu Botao, is what Li Wanjia stated true?"
"As the third person, have you heard her express her thoughts on this?"
Facing this question, Xu Botao nodded dully: "Yes."
"Li Wanjia did tell Xie Liang about this situation at the time."
"I didn't say anything."
"Well, okay, thank you for your cooperation!"
Immediately afterwards, Song Yuanhui made a general summary of the inquiries from Li Wanjia and Xu Botao.
His eyes fell on the defendant Xie Liang.
.
....
At this time, Xie Liang's eyes flicked anxiously back and forth between Li Wanjia and Xu Botao.
These two people... what's going on!
Now they are on the same boat, how can they backstab him!
Li Wanjia, Xu Botao: Assassinated?
Both of them knew very well in their hearts that if it wasn't for Xie Liang, they wouldn't have sat in the defendant's seat at all.
It's time to confess, it's time to confess.
If you confess, you will be lenient, if you resist, you will be strict, do you understand?
If they still want to cover for Xie Liang now, they will be Xie Liang’s tools to commute his sentence...
about this issue.
The two of them are still very clear and understand, this is not called backstab at all.
Instead, confess!
Moreover.…
Everyone is old fried dough sticks, who doesn't understand?
It's obviously your business, Xie Liang, but you still insist on dragging the two of them into the water...
If they don't confess, they both have to confess here.
The prosecution's seat and the prosecution's seat.
Both Wang Jin and Su Bai looked at the defendant's seat with great interest.
From the current point of view, there is an unexpected situation inside the other party.
The next trial of this trial will be relatively easy to fight.
but.…
For Li Wanjia and Xu Botao, this is the best choice.
Because the two of them didn't mix with Liang Xingyuan.
To be involved in this trial is completely unwarranted.
at this time.…
Standing with Xie Liang?
There is no reason at all!
PS: Ask for a monthly pass~
(End of this chapter)
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