You became a lawyer and sent the judge in
Chapter 240: If you don’t get used to the accusation, just go ahead and confront Zhang!
Chapter 240: If you don’t get used to the accusation, just fight back!
for this case.
Su Bai had already anticipated the worst plan in his mind.
Even with the worst-case scenario, it would be impossible to convict Xiao Haibo.
Unless the chief judge makes a hard decision, it is impossible to lose.
So what if the presiding judge imposes a hard sentence?
Easy to do!
Turn left when you go out and drive there in 46 minutes.
Su Bai looked directly at the prosecutor's seat and collided with Shi Xiujie's eyes.
The top criminal lawyer in the country, the myth of undefeated...?
The corners of Shi Xiujie's mouth were slightly raised. He originally had a fat, square face, which looked a little unrighteous. This smile also brought out a bit of a villain's triumphant feeling.
Su Bai smiled, is the villain successful?This trial will blow your head off!
.
....
at the same time.
At the presiding judge's seat, facing Su Bai's direct rebuke, Ma Qiao looked down at the litigation materials with an expressionless expression.
"The prosecutor has no further questions to ask?"
"There are presiding judges."
Upon hearing the presiding judge's question, Shi Xiujie blurted out immediately.
Then he sorted out the litigation materials and was about to continue speaking, but was interrupted by Su Bai:
“I would like to ask the prosecutor to think clearly before questioning. We suggest that the prosecutor state and determine the specific matters of our client’s crime.
If there are other questions, we have the right not to answer them. This would be a complete waste of both our time. "
"We suggest that the prosecutor determine the questions to ask before questioning."
dong dong!
Ma Qiao banged the gavel: "The defendant's entrusted lawyer must not interrupt the order of the trial. This is a warning."
"The prosecutor continues to make his case, but he needs to make the main points clear."
Facing the reminder from the presiding judge, Su Bai was not surprised at all, but...
The presiding judge actually reminded the prosecutor?
tsk tsk...
Generally speaking, shouldn’t the court favor the prosecutor?
Especially this case with geographical protection.
Su Bai was a little surprised by Ma Qiao's reminder to the prosecutor.
Shi Xiujie also murmured in his heart, but it was not too loud. As for the specific judgment, it must eventually come to this point. The presiding judge reminded him to speed up the progress of the trial.
"Good judge."
Shi Xiujie nodded and continued:
"The determination of Xiao Haibo's perjury is as follows:"
"Based on relevant evidence and the confessions provided by the parties."
"First: In the case where Xiao Haibo represented Xia Guangming, Xia Guangming was reminded and explicitly told to remain silent as much as possible during the trial.
More importantly... remind Xia Guangming that no matter what Xiao Haibo said at the trial, wait in private until the court or others ask, instruct Xia Guangming to show that it is Xia Guangming's wish. "
"Second: Regarding the relationship between Xia Guangming and the manager of Wanli Co., Ltd., Xia Guangming stated that he and the manager of Wanli Co., Ltd. are friends, and in the initial inquiry, Xia Guangming stated that he and the manager of Wanli Co., Ltd. The manager was a friend, but was corrected by Xiao Haibo. The relationship between the two was business dealings."
"In this process, there is suspicion of intentional guidance and induction."
"Third: During the entire process of entrusting Xia Guangming's case, Xiao Haibo repeatedly influenced Xia Guangming's subjective intentions and participated in guiding and seducing him."
"Specific details include: guiding Xia Guangming to determine the relationship with the manager of Wanli Co., Ltd., guiding Xia Guangming to identify the entire case and teaching Xia Guangming how to express it."
"Presiding Judge, the above is our statement and determination."
After Shi Xiujie finished speaking, he glanced at the defendant's seat with a smile on his face.
Su Bai noticed it, but didn't care. He raised his head slightly and looked at the presiding judge's seat.
In the presiding judge's seat, after listening to the prosecutor's statement, Ma Qiao looked towards the defendant's seat.
"Does the defendant or the litigation attorney have anything else to say?"
Do you have?
There must be!
Regarding the first and second items, Xiao Haibo has just made a complete statement.
Does the other party pretend that they can’t hear you?
Of course, the prosecutor raised relevant supplements regarding the previous issues.
But this supplement is in a practical sense and has no effect.
It is equivalent to the first point of view, saying that there is induced behavior.
In addition, when Xia Guangming was asked by others in private, he would always say that he was his main administrator.
This point will definitely be examined in criminal proceedings.
However, in civil litigation, the representative has full authority, and Xiao Haibo has fully explained it just now.
There is no need to elaborate further on this point, right?
The same goes for the remaining second and third points.
This is why Su Bai asked the prosecutor to determine the conditions.
Because the other party is so capable!
It gave him the feeling that Xiao Haibo had to be pinned for various crimes. If he couldn't pin it down, he would start to pin him down from the side.
hiss.…
Su Bai took a long breath and continued:
"Presiding judge, we request witnesses to appear in court and make statements."
Facing the current court hearing environment, Su Bai didn't say anything else because it was unnecessary.
Now even if I lay out my plea, it will have no effect.
It would be better to just...invite the witnesses out directly and determine whether there is perjury based on the witnesses' statements in person.
After all, the prosecutor is not a party and may have subjective thoughts about certain matters.
Moreover, witnesses will still need to appear in court when testifying later.
After Su Bai applied for witnesses to appear in court, Ma Qiao immediately agreed.
Witnesses appear in court.
At the presiding judge's seat, Ma Qiao asked the witness Xia Guangming:
"Witness Xia Guangming, did you hear what the prosecutor just said?"
"heard it."
Xia Guangming was sitting in the witness seat just now and heard the trial very clearly.
"Is what the prosecutor just described the situation you experienced at that time?"
"Yes."
"What the prosecutor just described was the situation I experienced. Originally, I originally thought about this lawsuit, and I just dismissed it as a civil lawsuit based on the loan lawsuit."
"Lawyer Xiao, the current defendant, told me that it would be easier to sue Wanli Co., Ltd. for illegal fund-raising. He also told me many other things and gave me various precautions."
"Did he induce or deceive you during this process?" "Yes, presiding judge."
"Please give specific examples."
"Specific examples. The prosecutor has just stated it very clearly. I can't think of any more specific examples yet..."
"Ok."
After questioning the witness Xia Guangming about some relevant matters, the presiding judge Ma Qiao turned his attention to the defendant.
"I would like to ask the defendant... do you have any objections to the accusations made by the witness Xia Guangming in court?"
"some!"
"I will not obey the charges against me!"
Xiao Haibo looked at the presiding judge and spoke.
What I was thinking was, this damn thing is too dark!
He has already explained and stated it once before, and now the presiding judge asks him to continue to state and explain it again?
Does it make sense?
It makes no sense at all!
Is it possible that what you are thinking of is a statement, stated a thousand and eight hundred times, and then looking for loopholes in each statement?
"I have stated it very clearly just now. I have analyzed both the first and second points in great detail."
"first!"
"I asked the witness to admit whatever I said. This is indeed a problem with my statement."
"Because I am a special agent and bear corresponding responsibilities in civil litigation."
“The reason I stated this is that I was worried that the witness would not be able to understand what I meant at first. After I stated it, when the court and others questioned the witness, the witness’s statement was not clear.
In this way, it is easy to cause wrong judgments in civil litigation and affect the final judgment.
Therefore, I have always stressed that the witnesses should do as I said, but in the process, I did not violate any relevant legal provisions on litigation. "
"And I have explained the relevant matters and reasons to the party involved, Xia Guangming."
"He showed that he knew and understood this, which is why I stated that in the first instance."
"also."
"All my statements are based on facts. There is no false content or perjury. Based on the above, I don't know where I have violated the criminal law."
"The above is my answer."
Facing Xiao Haibo's statement, Ma Qiao was expressionless. Before he could speak, Shi Xiujie hurriedly began to question Xia Guangming.
"Does the witness have anything else to say?"
Xia Guangming shook his head: "I haven't thought of it yet, I forgot."
Su Bai: ...
You are here to play double act together, right?
Su Bai raised his hand, and after getting Ma Qiao's consent, he stated:
"President, I think the general situation of this trial has been decided."
"There is no need to elaborate further."
"Based on our client's description and the prosecutor's description, the facts have become clear."
"The general meaning is that from the witness's accusation and the witness's confession, it can be clearly seen that the witness relied on his own subjectivity to prove that our client had induced him."
"But it's not actually..."
"The actual fact is that when our client was assisting the witness in entrusting the witness, the witness did not think about certain aspects or thought inappropriately."
"For example, it can be clearly seen whether the manager of Wanli Co., Ltd. and the witness know each other and whether they are friends."
"The witness believes that the manager of Wanli Co., Ltd. is his friend and the relationship between the two is a loan."
"But in fact, our client believes that the other party's illegal fund-raising is well-founded. The other party's identification of himself is not a loan, but a purchase."
"There is no IOU between the two parties, but there is evidence of purchase."
"It is obvious from this that the relationship between the two people is not a loan."
"This denies the witness's subjective judgment at the time."
"Our client relied on evidence to correct the witness's erroneous subjective judgment. Could it be said that it was inducement and bad guidance?"
"Whether it is from a legal or subjective perspective, there is evidence to prove that it was a purchase and there was illegal fund-raising. This is an ironclad fact, not a loan relationship imagined by the witness subjectively."
"Based on the witness's testimony, does it mean it's a loan?"
"If this is the way to authenticate, then why do we need evidence?"
"No evidence is needed, the court can convict us on the spot!"
"If the witness must exist and say that the relationship between the two people is a loan, then when our client Xiao Haibo informed Xia Guangming about this and listed the relevant evidence, why didn't Xia Guangming deny and refute it?"
"Go and ask our client to file a civil lawsuit for loan against Xia Guangming?"
"Based on the above, it can be clearly seen or certified that our client did not engage in any inducement behavior, but based on the facts, we reminded Xia Guangming."
"It's just that this reminder was mistaken by Xia Guangming as inducement. Moreover, from another perspective:"
"Perjury affects the correct judgment of the judiciary, but our client is helping Xia Guangming in the trial of this case."
"The suggestions and tips he gave Xia Guangming were not considered to have affected the correct judicial judgment, because the case was based on a solid foundation and the certainty and legality of the evidence could be guaranteed."
"Based on the above examples..."
"We believe that our client should be found not guilty in this trial."
Su Bai's statement was very simple.
to be honest.
The general meaning is that Xia Guangming is talking nonsense about this trial. His accusations are based entirely on his own subjective wishes, while Xiao Haibo corrects Xia Guangming's subjective opinions based on the evidence.
Can correcting Xia Guangming's ideas based on facts be called perjury?
Can this be called inducing and lead to errors in judicial decisions?
Certainly not!
If it were not for the geographical protection, this case would have been dropped during the investigation or when the prosecutorial department was investigating.
If you have to file a case, then ask the law enforcement agencies to continue to add evidence.
Just relying on Xia Guangming's confession to correct me is not completely nonsense...
Furthermore...according to the provisions of the Criminal Procedure Law, illegal evidence must be excluded in accordance with the law.
The prosecutor completely failed to fulfill its corresponding responsibility on this point.
Still insisting on filing a public prosecution...
Are you all right?
Even if we insist on filing a public prosecution, will the court still impose a mandatory sentence now?
Everything was stated so clearly, Su Bai didn't quite believe that the court would impose a harsh sentence.
Su Bai raised his head slightly and looked at the presiding judge's seat, waiting for Ma Qiao to make the relevant judgment.
PS: Readers please vote for me~
(End of this chapter)
for this case.
Su Bai had already anticipated the worst plan in his mind.
Even with the worst-case scenario, it would be impossible to convict Xiao Haibo.
Unless the chief judge makes a hard decision, it is impossible to lose.
So what if the presiding judge imposes a hard sentence?
Easy to do!
Turn left when you go out and drive there in 46 minutes.
Su Bai looked directly at the prosecutor's seat and collided with Shi Xiujie's eyes.
The top criminal lawyer in the country, the myth of undefeated...?
The corners of Shi Xiujie's mouth were slightly raised. He originally had a fat, square face, which looked a little unrighteous. This smile also brought out a bit of a villain's triumphant feeling.
Su Bai smiled, is the villain successful?This trial will blow your head off!
.
....
at the same time.
At the presiding judge's seat, facing Su Bai's direct rebuke, Ma Qiao looked down at the litigation materials with an expressionless expression.
"The prosecutor has no further questions to ask?"
"There are presiding judges."
Upon hearing the presiding judge's question, Shi Xiujie blurted out immediately.
Then he sorted out the litigation materials and was about to continue speaking, but was interrupted by Su Bai:
“I would like to ask the prosecutor to think clearly before questioning. We suggest that the prosecutor state and determine the specific matters of our client’s crime.
If there are other questions, we have the right not to answer them. This would be a complete waste of both our time. "
"We suggest that the prosecutor determine the questions to ask before questioning."
dong dong!
Ma Qiao banged the gavel: "The defendant's entrusted lawyer must not interrupt the order of the trial. This is a warning."
"The prosecutor continues to make his case, but he needs to make the main points clear."
Facing the reminder from the presiding judge, Su Bai was not surprised at all, but...
The presiding judge actually reminded the prosecutor?
tsk tsk...
Generally speaking, shouldn’t the court favor the prosecutor?
Especially this case with geographical protection.
Su Bai was a little surprised by Ma Qiao's reminder to the prosecutor.
Shi Xiujie also murmured in his heart, but it was not too loud. As for the specific judgment, it must eventually come to this point. The presiding judge reminded him to speed up the progress of the trial.
"Good judge."
Shi Xiujie nodded and continued:
"The determination of Xiao Haibo's perjury is as follows:"
"Based on relevant evidence and the confessions provided by the parties."
"First: In the case where Xiao Haibo represented Xia Guangming, Xia Guangming was reminded and explicitly told to remain silent as much as possible during the trial.
More importantly... remind Xia Guangming that no matter what Xiao Haibo said at the trial, wait in private until the court or others ask, instruct Xia Guangming to show that it is Xia Guangming's wish. "
"Second: Regarding the relationship between Xia Guangming and the manager of Wanli Co., Ltd., Xia Guangming stated that he and the manager of Wanli Co., Ltd. are friends, and in the initial inquiry, Xia Guangming stated that he and the manager of Wanli Co., Ltd. The manager was a friend, but was corrected by Xiao Haibo. The relationship between the two was business dealings."
"In this process, there is suspicion of intentional guidance and induction."
"Third: During the entire process of entrusting Xia Guangming's case, Xiao Haibo repeatedly influenced Xia Guangming's subjective intentions and participated in guiding and seducing him."
"Specific details include: guiding Xia Guangming to determine the relationship with the manager of Wanli Co., Ltd., guiding Xia Guangming to identify the entire case and teaching Xia Guangming how to express it."
"Presiding Judge, the above is our statement and determination."
After Shi Xiujie finished speaking, he glanced at the defendant's seat with a smile on his face.
Su Bai noticed it, but didn't care. He raised his head slightly and looked at the presiding judge's seat.
In the presiding judge's seat, after listening to the prosecutor's statement, Ma Qiao looked towards the defendant's seat.
"Does the defendant or the litigation attorney have anything else to say?"
Do you have?
There must be!
Regarding the first and second items, Xiao Haibo has just made a complete statement.
Does the other party pretend that they can’t hear you?
Of course, the prosecutor raised relevant supplements regarding the previous issues.
But this supplement is in a practical sense and has no effect.
It is equivalent to the first point of view, saying that there is induced behavior.
In addition, when Xia Guangming was asked by others in private, he would always say that he was his main administrator.
This point will definitely be examined in criminal proceedings.
However, in civil litigation, the representative has full authority, and Xiao Haibo has fully explained it just now.
There is no need to elaborate further on this point, right?
The same goes for the remaining second and third points.
This is why Su Bai asked the prosecutor to determine the conditions.
Because the other party is so capable!
It gave him the feeling that Xiao Haibo had to be pinned for various crimes. If he couldn't pin it down, he would start to pin him down from the side.
hiss.…
Su Bai took a long breath and continued:
"Presiding judge, we request witnesses to appear in court and make statements."
Facing the current court hearing environment, Su Bai didn't say anything else because it was unnecessary.
Now even if I lay out my plea, it will have no effect.
It would be better to just...invite the witnesses out directly and determine whether there is perjury based on the witnesses' statements in person.
After all, the prosecutor is not a party and may have subjective thoughts about certain matters.
Moreover, witnesses will still need to appear in court when testifying later.
After Su Bai applied for witnesses to appear in court, Ma Qiao immediately agreed.
Witnesses appear in court.
At the presiding judge's seat, Ma Qiao asked the witness Xia Guangming:
"Witness Xia Guangming, did you hear what the prosecutor just said?"
"heard it."
Xia Guangming was sitting in the witness seat just now and heard the trial very clearly.
"Is what the prosecutor just described the situation you experienced at that time?"
"Yes."
"What the prosecutor just described was the situation I experienced. Originally, I originally thought about this lawsuit, and I just dismissed it as a civil lawsuit based on the loan lawsuit."
"Lawyer Xiao, the current defendant, told me that it would be easier to sue Wanli Co., Ltd. for illegal fund-raising. He also told me many other things and gave me various precautions."
"Did he induce or deceive you during this process?" "Yes, presiding judge."
"Please give specific examples."
"Specific examples. The prosecutor has just stated it very clearly. I can't think of any more specific examples yet..."
"Ok."
After questioning the witness Xia Guangming about some relevant matters, the presiding judge Ma Qiao turned his attention to the defendant.
"I would like to ask the defendant... do you have any objections to the accusations made by the witness Xia Guangming in court?"
"some!"
"I will not obey the charges against me!"
Xiao Haibo looked at the presiding judge and spoke.
What I was thinking was, this damn thing is too dark!
He has already explained and stated it once before, and now the presiding judge asks him to continue to state and explain it again?
Does it make sense?
It makes no sense at all!
Is it possible that what you are thinking of is a statement, stated a thousand and eight hundred times, and then looking for loopholes in each statement?
"I have stated it very clearly just now. I have analyzed both the first and second points in great detail."
"first!"
"I asked the witness to admit whatever I said. This is indeed a problem with my statement."
"Because I am a special agent and bear corresponding responsibilities in civil litigation."
“The reason I stated this is that I was worried that the witness would not be able to understand what I meant at first. After I stated it, when the court and others questioned the witness, the witness’s statement was not clear.
In this way, it is easy to cause wrong judgments in civil litigation and affect the final judgment.
Therefore, I have always stressed that the witnesses should do as I said, but in the process, I did not violate any relevant legal provisions on litigation. "
"And I have explained the relevant matters and reasons to the party involved, Xia Guangming."
"He showed that he knew and understood this, which is why I stated that in the first instance."
"also."
"All my statements are based on facts. There is no false content or perjury. Based on the above, I don't know where I have violated the criminal law."
"The above is my answer."
Facing Xiao Haibo's statement, Ma Qiao was expressionless. Before he could speak, Shi Xiujie hurriedly began to question Xia Guangming.
"Does the witness have anything else to say?"
Xia Guangming shook his head: "I haven't thought of it yet, I forgot."
Su Bai: ...
You are here to play double act together, right?
Su Bai raised his hand, and after getting Ma Qiao's consent, he stated:
"President, I think the general situation of this trial has been decided."
"There is no need to elaborate further."
"Based on our client's description and the prosecutor's description, the facts have become clear."
"The general meaning is that from the witness's accusation and the witness's confession, it can be clearly seen that the witness relied on his own subjectivity to prove that our client had induced him."
"But it's not actually..."
"The actual fact is that when our client was assisting the witness in entrusting the witness, the witness did not think about certain aspects or thought inappropriately."
"For example, it can be clearly seen whether the manager of Wanli Co., Ltd. and the witness know each other and whether they are friends."
"The witness believes that the manager of Wanli Co., Ltd. is his friend and the relationship between the two is a loan."
"But in fact, our client believes that the other party's illegal fund-raising is well-founded. The other party's identification of himself is not a loan, but a purchase."
"There is no IOU between the two parties, but there is evidence of purchase."
"It is obvious from this that the relationship between the two people is not a loan."
"This denies the witness's subjective judgment at the time."
"Our client relied on evidence to correct the witness's erroneous subjective judgment. Could it be said that it was inducement and bad guidance?"
"Whether it is from a legal or subjective perspective, there is evidence to prove that it was a purchase and there was illegal fund-raising. This is an ironclad fact, not a loan relationship imagined by the witness subjectively."
"Based on the witness's testimony, does it mean it's a loan?"
"If this is the way to authenticate, then why do we need evidence?"
"No evidence is needed, the court can convict us on the spot!"
"If the witness must exist and say that the relationship between the two people is a loan, then when our client Xiao Haibo informed Xia Guangming about this and listed the relevant evidence, why didn't Xia Guangming deny and refute it?"
"Go and ask our client to file a civil lawsuit for loan against Xia Guangming?"
"Based on the above, it can be clearly seen or certified that our client did not engage in any inducement behavior, but based on the facts, we reminded Xia Guangming."
"It's just that this reminder was mistaken by Xia Guangming as inducement. Moreover, from another perspective:"
"Perjury affects the correct judgment of the judiciary, but our client is helping Xia Guangming in the trial of this case."
"The suggestions and tips he gave Xia Guangming were not considered to have affected the correct judicial judgment, because the case was based on a solid foundation and the certainty and legality of the evidence could be guaranteed."
"Based on the above examples..."
"We believe that our client should be found not guilty in this trial."
Su Bai's statement was very simple.
to be honest.
The general meaning is that Xia Guangming is talking nonsense about this trial. His accusations are based entirely on his own subjective wishes, while Xiao Haibo corrects Xia Guangming's subjective opinions based on the evidence.
Can correcting Xia Guangming's ideas based on facts be called perjury?
Can this be called inducing and lead to errors in judicial decisions?
Certainly not!
If it were not for the geographical protection, this case would have been dropped during the investigation or when the prosecutorial department was investigating.
If you have to file a case, then ask the law enforcement agencies to continue to add evidence.
Just relying on Xia Guangming's confession to correct me is not completely nonsense...
Furthermore...according to the provisions of the Criminal Procedure Law, illegal evidence must be excluded in accordance with the law.
The prosecutor completely failed to fulfill its corresponding responsibility on this point.
Still insisting on filing a public prosecution...
Are you all right?
Even if we insist on filing a public prosecution, will the court still impose a mandatory sentence now?
Everything was stated so clearly, Su Bai didn't quite believe that the court would impose a harsh sentence.
Su Bai raised his head slightly and looked at the presiding judge's seat, waiting for Ma Qiao to make the relevant judgment.
PS: Readers please vote for me~
(End of this chapter)
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