If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 123 More than the first time

When Ren Zhen intervened, the case had been transferred to the court for some time, so within a few days, the court date was set.

Since Song Jiale withdrew his plea and punishment, the case that should have been tried under summary procedures was eventually decided to be tried under ordinary procedures.

And before the trial, the judge in charge of the case also called Ren Zhen to inform him that a pre-trial meeting would be held to prepare them.

"Pre-trial conference? Is this procedure really used by courts?"

Chang Jiahang was a little surprised.

A criminal pre-trial conference means that under certain circumstances, after the judge decides to open the trial but before the formal trial begins, he will notify the prosecution and defense to sit together to deal with procedural issues that may cause delay or interruption of the trial.

Chang Jiahang only heard the teacher mention this program when he was in school. He still clearly remembers that when the teacher talked about this system, he said with regret and helplessness that although the system is good, it is in name only in our country. , even if it is occasionally applied, it cannot achieve the desired effect at all.

Although he has not studied it in depth, he knows that the main function of this procedure is to focus on the focus of disputes between the prosecution and the defense and improve the efficiency of the trial.

I was lucky enough to see such a program that only existed in legends during my internship?
Chang Jiahang was a little excited.

"Although few courts will choose to apply it, it is not entirely true."

Ren Zhen recalled the information he had just checked, "The Dafeng District Court in K City was one of the pilot courts for pre-trial conferences. It is said that the results after so many years are good, so the judges here hold pre-trial conferences more frequently. Much more.”

Ren Zhen was somewhat surprised when he received the notice of a pre-trial meeting.

Ren Zhen has participated in this program several times, but without exception, the experience was not very good for various reasons.

I wonder if this pilot court will do better.

If nothing else, it was probably because he withdrew his plea and punishment after discussing with Song Jiale, which led the court to believe that there were areas in this case that needed to be clarified in advance, which led to this meeting.

The judge also wants to clarify in advance what the disputes between the two parties are, so as to avoid any surprises during the formal trial, which will cause the trial process to be delayed.

"Today we have a pre-trial meeting, just to clarify where you have disputes, so that we can be prepared."

In Dafeng District Court, Ning Qufei sat in the middle and announced the start of the pre-trial meeting.

On both sides of the judge, Gao Qilin and his assistant looked calm and composed. Across from them sat Ren Zhen, Song Jiale and Chang Jiahang.

The pre-trial conference is not a formal court hearing, and the regulations vary from place to place, so the format is relatively free. After just a few words, the meeting gets straight to the point.

"Then let the prosecutor tell you first. Do you have any objections to the case now?"

Hearing the judge's question, Gao Qilin immediately nodded: "Originally, after Song Jiale pleaded guilty and accepted punishment, the sentencing recommendation we gave was two and a half years, but now that he has gone back on his word, we feel that this sentencing recommendation needs to be changed. The version previously submitted to the court It’s void.”

Ning Qufei nodded, which was expected.

The sentencing recommendations given by the public prosecution agency are based on the defendant's performance and circumstances before prosecution. The two and a half years were originally based on the defendant's plea and punishment. Now that this circumstance has disappeared, it is inevitable that the sentencing recommendations will be increased.

Of course, the aggravation is just a suggestion. The final decision of the court still depends on the judge's judgment.

"On this point, does the defendant have anything to say?"

Ning Qufei looked at Ren Zhen and Song Jiale: "Withdrawing the guilty plea and accepting punishment will be detrimental to the defendant's sentencing. Are you sure you don't want to plead guilty and accept punishment?"

The implication is that now that everyone is sitting together, you still have room to regret your confession and punishment.

"We are sure." Ren Zhen said calmly: "The defendant has not committed a crime, and of course we cannot plead guilty."

Is this a plea of ​​not guilty?
Ning Qufei glanced at him somewhat surprised, but didn't say anything more.

"Then does the defendant have any objections? You can raise them."

Ren Zhen took out several stacks of A4 paper from his bag and divided out several copies.

"The defense opinions can be submitted later. We will not discuss substantive issues at the pre-trial conference, only procedural issues."

Seeing this, Ning Qufei reminded him.

Theoretically speaking, the pre-trial conference does not discuss the substantive issues of the case and avoids the judge from making prejudgments and judgments about the case.

Otherwise, it would be equivalent to a pre-trial conference, and a formal trial would be unnecessary.

This is also one of the reasons why many places are reluctant to use pre-trial conferences. If the issues discussed accidentally go beyond the scope, and if others find fault, the pre-trial conference will be in vain.

But at least from this point of view, Ning Qufei had a good grasp of the meeting to prevent the defendant's litigation rights from being infringed before the official trial.

It seems that the pilot was not in vain.

Ren Zhen felt better about this court and shook his head at the judge: "I don't want to submit a defense opinion. I have problems with the procedures of the law enforcement agencies and the public prosecution agency at various stages."

"Oh?"

Ning Qufei regained his energy, and this was definitely something that should be discussed today.

It seems that today’s pre-trial meeting was not in vain!

Ren Zhen handed the materials in his hand to Ning Qufei, and then handed another copy to Gao Qilin opposite.

There are not many words on each piece of paper, but it is very concise, and relevant evidence is attached at the back, allowing people to see at a glance what Ren Zhen's problem is.

“First point, according to the provisions of Article 30 of my country’s Criminal Procedure Law, when the investigation agency interrogates a criminal suspect for the first time, it should inform the criminal suspect that he has the right to entrust a defender.

However, according to the content of the interrogation transcript and the defendant's statement, the investigating agency did not inform Song Jiale that he had this right during the first interrogation.

This directly led to Song Jiale's misunderstanding of his situation, and he even thought that he was under administrative detention. How ridiculous?

This is a blatant violation of the defendant’s litigation rights! "

Anyway, the pre-trial meeting was not a trial, and the investigation agency was not present. Ren Zhen's words were not polite at all, which made the judge and prosecutor's expressions change slightly.

Although they are not the ones being accused, as they are also public servants, this lawyer does not consider our face to some extent, right?

"Song Jiale, when the investigation agency first interrogated you, didn't you tell you that you could entrust a lawyer?"

Ning Qufei asked and at the same time turned to the copy of the inquiry transcript at the back.

"No."

Song Jiale shook his head: "Not just the first time, they never told me every time."

(End of this chapter)