You became a lawyer and sent the judge in
Chapter 242 Question the presiding judge!Why should you drive me away? !
Chapter 242 Question the presiding judge!Why should you drive me away? !
On the bench seat.
After Su Bai finished his statement, the three judges of the collegial panel felt slightly embarrassed.
Especially Wang Mo, who asked the prosecutor and witnesses to give illegal evidence.
alright.…
Now instead of throwing the blame away, the blame has been thrown back on them.
Wang Mo said something silently in his heart.
The point that Su Bai brought up in the trial just now almost directly brought the illegal evidence to the surface.
If adopted...then Su Bai appeals to the second instance.
The first-instance judgment was rejected based on legal loopholes in the first-instance procedure.
In this way, filing a supervisory review will definitely have a significant impact on them.
But the task above...
Wang Mo turned his attention to Ma Qiao. Ma Qiao frowned and turned his head slightly to glance at Li Huan and Wang Mo.
The meaning is obvious...
Now that we have reached a deadlock, what should we do?
The request is reasonable, and there is no fault at all, so we can't impose a hard judgment, right?
A hard verdict would not comply with legal procedures.
In the final analysis, the problem is still left in their hands.
Therefore, according to Wang Mo's proposal just now, this situation cannot be implemented at all.
With no other choice, Ma Qiao had no choice but to continue: "Please ask the defendant to entrust a lawyer to pay attention to his emotions."
"The court did not conduct inquiries about the defendant parties, but conducted well-founded inquiries."
“With regard to these court matters, of course, we must fully understand the facts before we can draw accurate conclusions.”
"The defendant's lawyer cannot accuse the court of one-sided behavior. Here is a warning, and there will be another expulsion hearing!"
A warning?
Another eviction hearing?
Su Bai was completely unhappy, why should he be driven away?
Is there anything wrong with what he just said?
No problem!
Su Bai continued to retort: "I would like to ask the presiding judge which laws and regulations he followed in expelling me?"
"The court has the right to intervene in the trial. According to the court rules, the presiding judge has the right to deal with me, but only if I interfere with the normal order of the trial."
"But also..."
"I have the right to defend my client in this lawsuit."
“I defend my client, what’s wrong with that?”
“Questioning the legality of the source of evidence and the link of evidence is an important way to prove the legality of the source of evidence.”
"I would like to ask the presiding judge, in the lawsuit I just conducted, did you interfere with this trial and the normal process of the trial?"
"I just stated the relevant factual basis."
"Generally speaking, the first thing the presiding judge has to do is to identify the legal source of the evidence, rather than questioning our client in turn."
"Because this is likely to affect the judgment of the court trial, which is equivalent to affecting the legal rights and interests of our client."
"As a defender, I am exercising my legitimate right to defend my client during this process. Why should I be warned?!"
Su Bai's statement had a simple and clear meaning.
To put it bluntly, the reason why Su Bai could reply to him was in accordance with legal procedures.
and.…
The right to defend the client is based on the right to defend the client against the presiding judge's right to intervene in the trial.
The presiding judge has the right to intervene in the progress of the trial, speak during the trial, and have other rights.
However, during this process, both the plaintiff and the defendant’s attorney have the right to defend the client.
To put it bluntly, it is the confrontation between the right of defense and the right of intervention.
In the process of this confrontation... proceed from the facts to see whose starting point is more legally sound.
Ma Qiao: “.…”
He gave a warning once, but the other party still took it seriously?
Ma Qiao couldn't help but feel a little angry and said:
"Judge members have the right to intervene in the trial, and the speeches of the defendant's attorney have seriously affected the progress of the trial."
"So please ask the defendant to appoint a lawyer. He is not allowed to speak without permission... Isn't this clear to the defendant's lawyer?"
Su Bai raised his hand and said, "Presiding Judge, I have something to say."
"In the process of what I just stated, I was exercising my right to defend, defending our client's legitimate legal rights and fighting for our legal rights."
"Explained through the right of defense, there is absolutely no problem with the statement I just made."
"I don't understand why the collegial panel ordered me not to speak based on the progress and order of the trial..."
"Why am I not allowed to speak?"
"... From the perspective of legal rights and interests, my exercise of my right of defense did not affect the order of the trial."
"Based on this, where does the collegial court order me not to allow my defense?"
"I do not agree with the punishment imposed on me by the collegial court."
"I apply to the collegial court to revoke the warning given to me."
Since the court is so biased in this lawsuit.
So let's be direct. He is not afraid to directly testify about the issues in the trial.
The right of defense is the legal rights and obligations of the parties and the client.
The law gives the presiding judge of the court the right to intervene. The right to intervene is the right to intervene, but the right to intervene cannot be blindly intervened.
As a judge, you, the presiding judge, can warn me for interfering with the trial, but what's wrong with me legitimately exercising my right to defend?
correct!
If you think that I have seriously interfered with the progress of the trial or other matters and kicked me out of the court, then you must provide strong evidence!
This strong evidence cannot be established during my defense process, and the defender cannot be kicked out based on not allowing the defender to speak.
Because this is equivalent to depriving the client of the party’s right to defense.
This is the most critical point for Su Bai to directly shoulder the presiding judge!
After Su Bai finished his statement.
Ma Qiao said nothing in the collegial court for nearly a minute.
Ma Qiao looked away from the litigation materials and looked at the defendant's seat.
"The lawyer appointed by the defendant just interrupted the trial officer's questioning of the defendant's client. Does the lawyer appointed by the defendant know the purpose of my questioning of the defendant's client just now?"
"Based on this, I have every reason to exercise my right to intervene!"
"The warning will not be revoked!"
"Please ask the defendant's agent to remain silent and not to continue to speak on topics unrelated to this case. I will remind you here."
After Ma Qiao finished his statement, he didn't give Su Bai any chance, banged the gavel and continued: "Now all parties are invited to make court statements."
"Please ask the prosecutor to make a court statement..." Su Bai: "..."
???
Is this not giving me a chance to speak at all?
What does it mean?
After scolding yourself for a while, then make a court statement to change the subject?
Ridiculous.…
It was obvious that Ma Qiao was maintaining his dignity as the presiding judge.
More importantly...he didn't want to let himself continue to speak about this trial.
However, Su Bai didn't think too much. He was still carefully preparing the court statement and raised his head slightly to look in the direction of the prosecutor.
Prosecutor Shi Xiujie also knew that this trial was somewhat troublesome.
Therefore, you must perform well in court presentations.
As for which angle to start from, he has already thought about the angle of presentation.
After sorting out the materials for his statement, Shi Xiujie began to state:
"The content of our statement is as follows:"
"First of all, regarding this trial, we believe that based on the testimony of the witnesses:"
"Xiao Haibo, the defendant, is suspected of perjury."
"First of all, from the perspective of witness testimony, the witness's testimony was stated in accordance with the facts, and as Xiao Haibo's client at the time, the witness's confession was more targeted and accurate."
"Secondly... Xiao Haibo, as Xia Guangming's client, repeatedly induced Xia Guangming and other forms of inducement before the case went to court and trial."
"It caused a certain degree of misleading regarding the court case at that time."
"From this aspect... the prosecutor found that Xiao Haibo had perjured himself and asked the court to make a judgment."
"The recommended sentence is two years in prison."
After Shi Xiujie finished his statement, he raised his head slightly to look at the presiding judge's seat, and then turned his attention to Su Bai.
?
Su Bai noticed Shi Xiujie's gaze and ignored it completely.
Because of the other party's statement, in his opinion, there was not much legal basis to accuse Xiao Haibo.
"Maybe I think that no matter what I say, the court will make a decision."
Su Bai thought silently in his heart and remained silent.
He also set his sights on the presiding judge's seat, waiting for the presiding judge to let him make a court statement.
Silence for a few seconds.
The presiding judge Ma Qiao looked down at the litigation materials and said: "Now please make a statement from the defendant party."
When Xiao Haibo heard Ma Qiao's words, he turned to look at Su Bai:
"Presiding judge, we will entrust a lawyer to fully represent you in this trial."
"I request that our lawyer be appointed to make a statement."
Under normal circumstances, it is dangerous to have full representation in criminal cases because confessions may be retracted if you are not careful.
This will have a certain impact on the attorney and may lead to the crime of perjury.
But in this case...
As a lawyer who had helped Su Bai before, the agency contract signed by Xiao Haibo was a full agency contract.
In this regard.
Xiao Haibo believed in Su Bai, and Su Bai also believed in Xiao Haibo.
At the presiding judge's seat, Ma Qiao frowned slightly at Xiao Haibo's request, but still allowed Su Bai to make a statement.
"Now please ask the defendant to entrust a lawyer to make a statement in court."
"Ok."
call.…
Su Bai breathed a sigh of relief when he heard Ma Qiao asking him to state.
At this point in the trial, it is obvious that the collegial bench has a serious bias.
The court statement is equivalent to only one process, because the presiding judge has already made the main decision in his mind.
only.…
As a client and Xiao Haibo's friend, I should make a statement and fight for it.
If you really can't fight for it, just change it to the next one...the second trial.
After sorting out these ideas, Su Bai sorted out the litigation materials, raised his head and stated:
"Regarding this trial, we express our disbelief in the prosecution's accusations in this trial."
"The greatest evidence relied upon by the prosecution is the testimony of witnesses."
"But based on the witness's confession, a complete chain of evidence cannot be formed."
"Moreover, there was no cross-examination on the relevant evidence finally submitted by the witness."
“What is the evidence without cross-examination?”
"Illegal evidence!"
"I don't know what the prosecutor's idea is of using illegal evidence to judge our client."
"But what I can be sure of is...if our client is found guilty based on illegal evidence."
"Then it's a lack of legality!"
"What is destroyed is the dignity of the law. The judgment is based on illegal evidence. This is completely an unjust, false and wrong case!"
"Judge, our statement is over."
Su Bai's statement caused the court hearing to fall into silence.
This is already a naked slap in the face.
Guilty verdict?
Okay, okay, there is no problem, but if you are found guilty, you need to produce legal evidence. Your relevant evidence chain, right?
what?
You can't produce any legal evidence?
So what do you decide?
If no legal evidence can be produced, is that not the same as making a judgment based on illegal evidence? Doesn't the result also constitute an unjust, false, or wrongful conviction?
This statement completely put the members of the collegial panel on the fire.
Put him into a difficult situation.
If this trial is a closed trial... then the verdict will not have a great impact.
However, this trial is a live broadcast and an open trial. I don’t know how many people are watching the content of this trial.
For Ma Qiao and other members of the collegial panel, it is difficult to make a judgment.
call.…
Ma Qiao looked down at the lawsuit materials without saying a word and fell into silence. He didn't know what he was thinking in his heart...
PS: Please give me a monthly ticket~
(End of this chapter)
On the bench seat.
After Su Bai finished his statement, the three judges of the collegial panel felt slightly embarrassed.
Especially Wang Mo, who asked the prosecutor and witnesses to give illegal evidence.
alright.…
Now instead of throwing the blame away, the blame has been thrown back on them.
Wang Mo said something silently in his heart.
The point that Su Bai brought up in the trial just now almost directly brought the illegal evidence to the surface.
If adopted...then Su Bai appeals to the second instance.
The first-instance judgment was rejected based on legal loopholes in the first-instance procedure.
In this way, filing a supervisory review will definitely have a significant impact on them.
But the task above...
Wang Mo turned his attention to Ma Qiao. Ma Qiao frowned and turned his head slightly to glance at Li Huan and Wang Mo.
The meaning is obvious...
Now that we have reached a deadlock, what should we do?
The request is reasonable, and there is no fault at all, so we can't impose a hard judgment, right?
A hard verdict would not comply with legal procedures.
In the final analysis, the problem is still left in their hands.
Therefore, according to Wang Mo's proposal just now, this situation cannot be implemented at all.
With no other choice, Ma Qiao had no choice but to continue: "Please ask the defendant to entrust a lawyer to pay attention to his emotions."
"The court did not conduct inquiries about the defendant parties, but conducted well-founded inquiries."
“With regard to these court matters, of course, we must fully understand the facts before we can draw accurate conclusions.”
"The defendant's lawyer cannot accuse the court of one-sided behavior. Here is a warning, and there will be another expulsion hearing!"
A warning?
Another eviction hearing?
Su Bai was completely unhappy, why should he be driven away?
Is there anything wrong with what he just said?
No problem!
Su Bai continued to retort: "I would like to ask the presiding judge which laws and regulations he followed in expelling me?"
"The court has the right to intervene in the trial. According to the court rules, the presiding judge has the right to deal with me, but only if I interfere with the normal order of the trial."
"But also..."
"I have the right to defend my client in this lawsuit."
“I defend my client, what’s wrong with that?”
“Questioning the legality of the source of evidence and the link of evidence is an important way to prove the legality of the source of evidence.”
"I would like to ask the presiding judge, in the lawsuit I just conducted, did you interfere with this trial and the normal process of the trial?"
"I just stated the relevant factual basis."
"Generally speaking, the first thing the presiding judge has to do is to identify the legal source of the evidence, rather than questioning our client in turn."
"Because this is likely to affect the judgment of the court trial, which is equivalent to affecting the legal rights and interests of our client."
"As a defender, I am exercising my legitimate right to defend my client during this process. Why should I be warned?!"
Su Bai's statement had a simple and clear meaning.
To put it bluntly, the reason why Su Bai could reply to him was in accordance with legal procedures.
and.…
The right to defend the client is based on the right to defend the client against the presiding judge's right to intervene in the trial.
The presiding judge has the right to intervene in the progress of the trial, speak during the trial, and have other rights.
However, during this process, both the plaintiff and the defendant’s attorney have the right to defend the client.
To put it bluntly, it is the confrontation between the right of defense and the right of intervention.
In the process of this confrontation... proceed from the facts to see whose starting point is more legally sound.
Ma Qiao: “.…”
He gave a warning once, but the other party still took it seriously?
Ma Qiao couldn't help but feel a little angry and said:
"Judge members have the right to intervene in the trial, and the speeches of the defendant's attorney have seriously affected the progress of the trial."
"So please ask the defendant to appoint a lawyer. He is not allowed to speak without permission... Isn't this clear to the defendant's lawyer?"
Su Bai raised his hand and said, "Presiding Judge, I have something to say."
"In the process of what I just stated, I was exercising my right to defend, defending our client's legitimate legal rights and fighting for our legal rights."
"Explained through the right of defense, there is absolutely no problem with the statement I just made."
"I don't understand why the collegial panel ordered me not to speak based on the progress and order of the trial..."
"Why am I not allowed to speak?"
"... From the perspective of legal rights and interests, my exercise of my right of defense did not affect the order of the trial."
"Based on this, where does the collegial court order me not to allow my defense?"
"I do not agree with the punishment imposed on me by the collegial court."
"I apply to the collegial court to revoke the warning given to me."
Since the court is so biased in this lawsuit.
So let's be direct. He is not afraid to directly testify about the issues in the trial.
The right of defense is the legal rights and obligations of the parties and the client.
The law gives the presiding judge of the court the right to intervene. The right to intervene is the right to intervene, but the right to intervene cannot be blindly intervened.
As a judge, you, the presiding judge, can warn me for interfering with the trial, but what's wrong with me legitimately exercising my right to defend?
correct!
If you think that I have seriously interfered with the progress of the trial or other matters and kicked me out of the court, then you must provide strong evidence!
This strong evidence cannot be established during my defense process, and the defender cannot be kicked out based on not allowing the defender to speak.
Because this is equivalent to depriving the client of the party’s right to defense.
This is the most critical point for Su Bai to directly shoulder the presiding judge!
After Su Bai finished his statement.
Ma Qiao said nothing in the collegial court for nearly a minute.
Ma Qiao looked away from the litigation materials and looked at the defendant's seat.
"The lawyer appointed by the defendant just interrupted the trial officer's questioning of the defendant's client. Does the lawyer appointed by the defendant know the purpose of my questioning of the defendant's client just now?"
"Based on this, I have every reason to exercise my right to intervene!"
"The warning will not be revoked!"
"Please ask the defendant's agent to remain silent and not to continue to speak on topics unrelated to this case. I will remind you here."
After Ma Qiao finished his statement, he didn't give Su Bai any chance, banged the gavel and continued: "Now all parties are invited to make court statements."
"Please ask the prosecutor to make a court statement..." Su Bai: "..."
???
Is this not giving me a chance to speak at all?
What does it mean?
After scolding yourself for a while, then make a court statement to change the subject?
Ridiculous.…
It was obvious that Ma Qiao was maintaining his dignity as the presiding judge.
More importantly...he didn't want to let himself continue to speak about this trial.
However, Su Bai didn't think too much. He was still carefully preparing the court statement and raised his head slightly to look in the direction of the prosecutor.
Prosecutor Shi Xiujie also knew that this trial was somewhat troublesome.
Therefore, you must perform well in court presentations.
As for which angle to start from, he has already thought about the angle of presentation.
After sorting out the materials for his statement, Shi Xiujie began to state:
"The content of our statement is as follows:"
"First of all, regarding this trial, we believe that based on the testimony of the witnesses:"
"Xiao Haibo, the defendant, is suspected of perjury."
"First of all, from the perspective of witness testimony, the witness's testimony was stated in accordance with the facts, and as Xiao Haibo's client at the time, the witness's confession was more targeted and accurate."
"Secondly... Xiao Haibo, as Xia Guangming's client, repeatedly induced Xia Guangming and other forms of inducement before the case went to court and trial."
"It caused a certain degree of misleading regarding the court case at that time."
"From this aspect... the prosecutor found that Xiao Haibo had perjured himself and asked the court to make a judgment."
"The recommended sentence is two years in prison."
After Shi Xiujie finished his statement, he raised his head slightly to look at the presiding judge's seat, and then turned his attention to Su Bai.
?
Su Bai noticed Shi Xiujie's gaze and ignored it completely.
Because of the other party's statement, in his opinion, there was not much legal basis to accuse Xiao Haibo.
"Maybe I think that no matter what I say, the court will make a decision."
Su Bai thought silently in his heart and remained silent.
He also set his sights on the presiding judge's seat, waiting for the presiding judge to let him make a court statement.
Silence for a few seconds.
The presiding judge Ma Qiao looked down at the litigation materials and said: "Now please make a statement from the defendant party."
When Xiao Haibo heard Ma Qiao's words, he turned to look at Su Bai:
"Presiding judge, we will entrust a lawyer to fully represent you in this trial."
"I request that our lawyer be appointed to make a statement."
Under normal circumstances, it is dangerous to have full representation in criminal cases because confessions may be retracted if you are not careful.
This will have a certain impact on the attorney and may lead to the crime of perjury.
But in this case...
As a lawyer who had helped Su Bai before, the agency contract signed by Xiao Haibo was a full agency contract.
In this regard.
Xiao Haibo believed in Su Bai, and Su Bai also believed in Xiao Haibo.
At the presiding judge's seat, Ma Qiao frowned slightly at Xiao Haibo's request, but still allowed Su Bai to make a statement.
"Now please ask the defendant to entrust a lawyer to make a statement in court."
"Ok."
call.…
Su Bai breathed a sigh of relief when he heard Ma Qiao asking him to state.
At this point in the trial, it is obvious that the collegial bench has a serious bias.
The court statement is equivalent to only one process, because the presiding judge has already made the main decision in his mind.
only.…
As a client and Xiao Haibo's friend, I should make a statement and fight for it.
If you really can't fight for it, just change it to the next one...the second trial.
After sorting out these ideas, Su Bai sorted out the litigation materials, raised his head and stated:
"Regarding this trial, we express our disbelief in the prosecution's accusations in this trial."
"The greatest evidence relied upon by the prosecution is the testimony of witnesses."
"But based on the witness's confession, a complete chain of evidence cannot be formed."
"Moreover, there was no cross-examination on the relevant evidence finally submitted by the witness."
“What is the evidence without cross-examination?”
"Illegal evidence!"
"I don't know what the prosecutor's idea is of using illegal evidence to judge our client."
"But what I can be sure of is...if our client is found guilty based on illegal evidence."
"Then it's a lack of legality!"
"What is destroyed is the dignity of the law. The judgment is based on illegal evidence. This is completely an unjust, false and wrong case!"
"Judge, our statement is over."
Su Bai's statement caused the court hearing to fall into silence.
This is already a naked slap in the face.
Guilty verdict?
Okay, okay, there is no problem, but if you are found guilty, you need to produce legal evidence. Your relevant evidence chain, right?
what?
You can't produce any legal evidence?
So what do you decide?
If no legal evidence can be produced, is that not the same as making a judgment based on illegal evidence? Doesn't the result also constitute an unjust, false, or wrongful conviction?
This statement completely put the members of the collegial panel on the fire.
Put him into a difficult situation.
If this trial is a closed trial... then the verdict will not have a great impact.
However, this trial is a live broadcast and an open trial. I don’t know how many people are watching the content of this trial.
For Ma Qiao and other members of the collegial panel, it is difficult to make a judgment.
call.…
Ma Qiao looked down at the lawsuit materials without saying a word and fell into silence. He didn't know what he was thinking in his heart...
PS: Please give me a monthly ticket~
(End of this chapter)
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