You became a lawyer and sent the judge in

Chapter 218 Playing hooligan?OK!Come and judge, let me watch you judge? ! (Ask for monthly ticket)
The atmosphere in the courtroom was solemn.

Looking back, Su Bai simply sorted out the litigation materials.

Take a deep breath.

He looked up at the presiding judge's seat.

In this situation, if the trial continues, it will be a huge headwind for the defendants.

This legal evidence proves that he must see it.

Su Bai continued to fight:
"Presiding Judge, according to Article 56 of the Criminal Procedure Law, Article 57, Article 58, Article 59, Article [-], Article [-] and other relevant regulations."

"The prosecutorial department should bear the corresponding responsibility for producing evidence."

"The prosecutor has the responsibility to exclude the sources of illegal evidence and needs to prove the legality of evidence collection. During the trial, it can raise and choose to exclude illegal evidence that appears during the trial."

"According to the standards for evidence, we have the right to question, and we require the prosecutor to produce legal evidence!"

"This is our reasonable request!"

"This is the right granted to us by the law. If the prosecutor cannot provide the legality of the evidence, then it is a violation of our rights and obligations granted by the law."

"I don't know what kind of mentality the presiding judge has in rejecting our reasonable legal rights."

"Why not."

"We have no further requirements regarding the legality of the source of evidence."

"President judge, you directly convict our client Qin Bao, and I accept your trial on behalf of our client?"

Du Ming:….
Su Bai's words immediately silenced Du Ming.

Although...he wants to be sentenced.

However, there is no good "excuse" or valid reason to make a judgment directly without going through the process. Let alone him, even if the dean came today, he would not dare to make such a judgment.

The procedures that should be in place still need to be in place, and the evidence that should be produced must still be presented as “evidence.”

Why is a test report produced?
Why are some unjust, false and wrong cases not directly adjudicated if there is illegal evidence?
That is, the court hearing must follow the procedures.

Faced with the legal content and tough attitude stated by Su Bai.

Du Ming had no choice but to provide the legality of the source of evidence.

Anyao Group had already figured out the legality of the source of evidence, otherwise, he would not have dared to do this.

Su Bai frowned slightly when he saw the legality of the source of the evidence and the test report provided by a third party.

Good guy!
The test report for the Anshen Medicinal Liquor in the Anyao Group was tested by the Anshi testing agency.

He said how could third-party testing agencies make fraud so easily.

The co-authorship is my own stuff, and I tested it behind closed doors, saying there is nothing wrong with my own stuff!
.
....
The gavel sounded.

Du Ming continued: "Defendant, now that the court has proven to you the legal source of the test report, do you have any other questions?"

"some."

"Presiding judge, the relevant content shown in the test report submitted by us is no different from what Qin Bao said. However, there is a major difference between the test report verified by the prosecutor and the content published by Qin Bao."

"And the testing agency in this trial is a testing agency located in Anshi, which has the possibility and suspicion of fraud."

"According to the rights granted to us by the law, we have the right to suspect that the test report submitted by the prosecutor is false."

"We require a third-party testing agency to conduct re-testing."

dong dong!

The gavel rang, and Du Ming became impatient in the face of Su Bai's request.

If this court process continues, this case will not be tried today!

but
Du Ming didn't care much about whether the trial could be pushed forward.

If the trial is one day late, Qin Bao will be detained for a longer period of time, which will have no impact on him.

It’s just that this test report is a little troublesome….
I heard from the Anyao Group that this evidence has been dealt with and it won't have much impact.

This trial will still continue.

As long as the verdict is not too outrageous and is based on "evidence", then there is basically no problem.

After clarifying the general idea, Du Ming thought silently in his heart and continued:
"According to laws and regulations, appraisal reports are not restricted by region, so the court has the right to reject the request made by the defendant's attorney."

"The evidence submitted by the prosecution has been certified by the court."

"The evidence submitted by the defendant has not been confirmed by the Physical Evidence Bureau, so it will not be accepted for the time being."

"With this, the lawsuit application filed by the defendant is dismissed."

"Does the defendant still have any objections?"

Su Bai:? ? ? ?

Do you have any opinions?
Why was it not confirmed by the Bureau of Physical Evidence?
This is because it has not been confirmed by the Bureau of Physical Evidence since it was submitted before, until the trial.

Su Bai's face was serious and he looked directly at Du Ming: "This trial is much more difficult than he imagined."

It's hard to imagine being treated like this.
.
....
In court.

What's the most important thing?
evidence!

evidence!

Still evidence!

Now the other party is using illegal evidence to prove Qin Bao's illegal and criminal behavior.

What's the point?
This trial included the charges in this case, including the crime of damaging business reputation and product reputation.

——Whoever fabricates and spreads false facts, damages the business reputation and product reputation of others, causes heavy losses to others, or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and the offender shall also be fined.

It is true that it will damage the business reputation and product reputation of Anyao Group.

The key point is whether Qin Bao is spreading rumors.

After denying the evidence he provided, and now using illegal evidence, can this trial be won?
How is it possible to win?

The other party has already blocked the defendant's path.

The most critical thing now is to prevent the verdict of this trial or delay the verdict.

The Anshi Municipal Court will not be allowed to make a ruling.

Because once the Anshi Primary Court makes a judgment, if you want to have a second instance, you have to go to the Anshi Intermediate Court.

To put it bluntly, the second trial will most likely go back to Anshi.

What if the second-instance judgment upholds the first-instance verdict?
.
....
In a case like this, if you want the High Court to reject the retrial, the penalty imposed is not severe.

Unlike the previous cases, which involved serious criminal liability, such as unjust, false and wrongful convictions leading to more than ten years in prison and cases involving the death penalty.

That is to say...

If this case is submitted to the Supreme Court, it may not receive attention for retrial. In other words, because the case does not receive enough attention, there may be a delay.

If the court in Anshi is allowed to make the judgment, there will be problems.

This will lead to Qin Bao being detained for at least two years, or eating from a big pot for at least two years.

It may be easy to wait until release from prison or detention to continue the appeal at that time, but the life of the client will be almost ruined.

Another point is that two years have passed. If the chain of evidence is incomplete, how will accountability be held?

We can only hold the court accountable for its improper decision!
But what caused the improper judgment of the court?
was caused by the illegal evidence provided.

The key point lies in this "illegal evidence".

Two years later, how do you determine that the evidence provided by the other party is illegal?It will take up to one or two years to collect illegal evidence, ask the court to make a determination, and file a case for re-investigation.

This case will definitely drag on for 3 to 4 years.

Let’s not mention the time cost for now.

In terms of the client's demands, do you hope to end this case as soon as possible?
The client is a doctor of medicine and is definitely not willing to delay the process for four years.

Four years are enough to drag down Qin Bao's entire life.

There is one final point, if the High Court sends the case back to An Municipal Court for a new trial.

What unexpected situation will happen again?
.
....
In summary, the case still needs to be transferred to the jurisdiction in accordance with the provisions of the Criminal Procedure Law.

Don't let the first instance verdict come down.

Even if the court wants to delay, it wants to hold Qin Bao longer.

So compared to four years, these few months are the most cost-effective.
.
....
Su Bai took a deep breath. This was the first time that he had openly received special treatment from the court.

Although this case is simple, the facts are complicated.

Not easy to solve.

He raised his head and looked at the presiding judge: "President, we have no objection to the test report."

Du Ming smiled, was he willing to surrender?
Yes, Not Bad!

If this had happened earlier, the court hearing today would not have been so tense.

Du Ming was very satisfied with Su Bai's performance.

You take the money to handle your case. After the trial, your lawyer's fees are paid, and the judgment is concluded on my side.Isn’t everyone happy?
Why do you make it so ugly?

Therefore, Du Ming was still very satisfied with Su Bai's "admittance" attitude.

"Since there are no objections, let's continue with the trial."

"The prosecutor continues to present his case."

"Good judge."

Ma Wu nodded, never expecting that the trial would develop to this level.

Originally, he thought that as the defendant's litigation attorney, he would become a top criminal lawyer in the country.

Su Bai was able to fight against the prosecutor in court.

But now from the actual point of view, if it is really a head-on confrontation, even the top criminal barrister in the country cannot do it.

tsk tsk...

Ma Wu secretly laughed twice at what Su Bai had experienced today.

"Presiding judge, based on the third-party test report, it is obvious that Qin Bao is suspected of forgery, and the matters related to the forgery are completely different from the real situation."

"It has been suspected of spreading rumors."

"Based on the financial reports provided by Anyao Group and the evidence collected by the prosecutors, it was found that Anyao Group's reputation was damaged, its credibility was damaged, and its products were unsaleable."

"Objective facts have been reached."

"That's right, we request that the criminal suspect Qin Bao be sentenced for his illegal and criminal acts."

"..."

"Okay, the court has heard the prosecutor's opinion. Does the defendant have anything else to say?"

Du Ming's slightly bald head cracked with laughter.

Unexpectedly, Su Bai's next words made Du Ming freeze on the spot.

"President...we have something to say and we have objections."

"We believe that there are major problems with the litigation process involved in the entire case."

Are there major problems with the litigation process?

What kind of trouble was this? Du Ming felt a little unhappy, frowned slightly, and said:
“What are the major issues with the litigation process involved?”

Su Bai continued: "This criminal case is investigated by law enforcement agencies."

"But during the process of arresting our client and transferring him to the court, we believe that there were serious illegal acts."

"What are they?" Du Ming's tone sounded very unhappy.

"First, arrest us across provinces, based on the specific circumstances I asked our client and our client's statement."

"At that time, they were arresting us, and they did not produce any identification, which seriously did not comply with the arrest procedures."

"Second, according to the management regulations for cross-regional arrests, there was no consultation to conduct arrests in accordance with the arrest management regulations."

"Based on the above, we believe that there were illegal behaviors during the arrest of us at that time, and we request the court to investigate this."

"We suggest that the court be temporarily adjourned and that the case be reheard after additional supplements are made on this issue."

"???"

Du Ming stared at Su Bai.

Does the question raised have any impact on the outcome of the case?

No impact at all!
It's nothing more than delaying time. When the court conducts relevant investigations into this behavior, the court will reopen and Qin Bao will still be found guilty...
To be honest, Du Ming didn't understand why Su Bai asked for this.

Ordinary presiding judges and judges would never expect that the other party would propose to transfer jurisdiction.

Du Ming said: "This point does not affect Qin Bao's verdict. The trial will continue."

Su Bai raised his hand and said: "We believe that there were illegal acts during the filing of the case. Is it true that the court rejected our request to launch an investigation?"

"Please ask the court to answer the questions I raised."

"Did the court refuse to investigate the illegal conduct filed in the case and decide to continue the trial?"

Du Ming: "..."

No...didn't you just give in?
Why are they suddenly at odds again and asking for an adjournment?
Du Ming didn't believe that Su Bai didn't know that after the adjournment, Qin Bao was tried again and the verdict was still guilty.

So what is Su Bai's purpose in requesting an adjournment?
Investigate illegal evidence? !
This is the only possibility Du Ming can think of.

Investigate illegal evidence during the adjournment period, and wait until the next trial to eliminate the prosecution's accusations with illegal evidence.
.
...

"It turns out that was the purpose of the attack."

Du Ming smiled and didn't take it too seriously.

If you rely solely on your personal abilities, you can investigate and uncover illegal evidence.

Then for certain cases, it will not be so difficult for the prosecutor to investigate and collect evidence.

In his opinion, Su Bai's behavior was completely whimsical.
.
....
at the same time.

Li Xuezhen kept staring at the presiding judge's seat.

This court hearing was the worst he had ever encountered with Lawyer Su.

This kind of trial is no longer a legal plea at all.

This is because the other party is being unreasonable and acting like a hooligan.

At the same time, Xiao Li was silently thinking about how to help Lawyer Su win this lawsuit.

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(End of this chapter)