If you were asked to file a lawsuit, how come you were not found guilty?
Chapter 186 What should I do if the judge can’t decide?Submit to the review committee!
Chapter 186 What should I do if the judge can’t decide?Submit to the review committee!
Gudong!
Zhao Guangxin drank all the water in the cup, then picked up the hot water bottle and filled himself with half a cup of water.
I think you are thirsty during the court session, so find yourself an excuse to drink water!
Zhang Lixia and Gu Changzhi looked at each other helplessly, and each took a few sips.
"But no matter how it is determined in the end, the calculation method of the amount of theft in the previous judgment is indeed wrong."
Zhang Lixia recalled that Zhao Guangxin also calculated during the trial, "For every 1000 yuan withdrawn, 999 yuan was stolen. This idea is indeed problematic. The actual amount should be subtracted from the balance on the card."
"That's true, but it's back to the same problem."
Gu Changzhi felt that his brain cells and hair were protesting wildly: "If the balance on the card is enough, isn't it theft? If not, then even if the balance on the card is not enough, as the defender said, it means that the Xu family overdrafted 10,000+ first, not theft. 10,000+.”
The three judges fell silent again.
"You tell me, how could there be such a weird case? How could there be such a weird person?"
Zhao Guangxin sighed: "It would be great if he stole the bank safe, then we wouldn't have to worry about it."
"Now that society has developed like this, cases will only become more and more complicated."
Gu Changzhi also sighed: "So not only does the law need to be revised in time, but we old guys also have to keep learning, otherwise we will not know what to do when we sit on the court and hit the gavel."
"The problem is not that we don't keep pace with the times!"
Zhang Lixia frowned: "I really can't reach the level. I really don't know what to do."
"I think the three of us may not be able to handle this case."
Zhao Guangxin put down the water glass and hesitated: "How about it?"
"I also feel that the three of us don't have the same opinions, or..."
Gu Changzhi agreed deeply and looked at Zhang Lixia.
Both of them focused on themselves. Zhang Lixia frowned and nodded slowly: "How about... huh?"
“If you can’t handle it, call for support!”
Zhang Lixia made a decision: "I will go to the dean now and ask him to submit it to the review committee for discussion and decision."
"Goodbye, Lao Zhang!"
Zhao Guangxin and Gu Changzhi gave a thumbs up, relieved.
For some difficult and complex cases that meet the circumstances, the collegial panel may choose to submit the case to the president for a decision to see whether to submit it to the judicial committee for discussion and decision.
If the three members of the collegial panel like them cannot reach a unified opinion, it is within the scope of submitting it to the review committee for discussion.
"Don't be too happy yet. The dean may not agree to hand it over to the review committee."
Zhang Lixia was a little helpless, "Let's formulate our thoughts into written opinions first. Even if we submit them to the review committee, we still have to report the case in the end, which is not much easier than judging by ourselves."
He knew why Zhao Guangxin and Gu Changzhi were relieved. In cases like this where none of the three judges could come up with a firm opinion, some judges may not be able to encounter one until they retire.
Now that they have encountered each other, they have to be careful.
Submitting the case to the review committee for discussion and decision is the safest and least error-prone option.
"Our brothers are not afraid of trouble. We really don't dare to make a hasty decision."
Zhao Guangxin and Gu Changzhi said that it did not matter what they wrote, the main reason was to make the most fair and reasonable judgment.
"That's it, I'll think about it again when I get back to see if there's anything I've missed, or if there's any way to explain it. Let's see how the dean arranges it." Although he's not entirely sure, Zhang Lixia feels that the Xu family will do this first. Once the case is brought to the dean, there is a high probability that it will go to the review committee.
Just seeing that the Supreme Court sent this case back for reaffirmation, we know that the judges above must have felt that there was something worth exploring in this case.
After the trial ended, Ren Zhen and Chang Jiahang got on the plane back to H City.
Perhaps because he didn't have any extra energy, Ren Zhen casually handed over the task of buying air tickets to Chang Jiahang, and the two of them took the first-class cabin again.
"Ren Lu, why don't you feel that you are not in a high mood?"
Ren Zhen's face was reflected on the window, and Chang Jiahang came over. This was first class, so it wouldn't be uncomfortable, right?
"Thinking about the case."
Looking out through the window, Ren Zhen recalled every word during the trial over and over again.
"I think we played pretty well this time. Are there any problems?"
There is only this one case at hand now, and Chang Jiahang doesn't think there is anything wrong with it.
"From the perspective of the defense attorney, there is nothing wrong with the beating."
Ren Zhen turned his head: "Basically all the possibilities of this case have been dug out, there should be nothing new.
I'm just thinking, if I were a judge, what crime would I give to the Xu family? "
"The Xu family will be sentenced first?"
Chang Jiahang hesitated for a while: "According to our defense idea, Xu Jiaxian's withdrawal behavior caused his bank card to be overdrafted by more than 17. Isn't it enough to return it as unjust enrichment?"
"That's just theory."
Ren Zhen shook his head: "You have to remember that in the legal world, some cases can draw definite conclusions, but some cases can have many interpretations.
Our defense idea is just one of them, and it may be correct or there may be reasonable explanations. "
"In other words, the judge may not accept our defense opinion this time?"
Chang Jiahang's heart skipped a beat. Then wouldn't my record of perfect wins during the internship be broken?
"Of course it's possible."
Ren Zhen sighed: "The difference between withdrawing and taking directly affects whether this case should be placed in the criminal field or in the civil field.
According to our thinking, the Xu family's withdrawal of money requires the cooperation of the bank, so it does not constitute theft. This is no problem because the cash withdrawn was approved by the bank. Even if it was approved by mistake, it was only delivered after approval.
But if you think about it more deeply, the creditor-debt relationship between the cardholder and the bank is also based on the principle of honesty and trustworthiness.So the Xu family will start with the second withdrawal. It's really hard to say whether the creditor-debt relationship between him and the bank is valid. "
"So the re-election lawyer actually doesn't have a final conclusion on this case?"
Chang Jiahang was a little surprised.
Ever since he met Ren Zhen, he had always felt that Ren Zhen was omnipotent. No matter how difficult the problem was, it would be easily solved in Ren Zhen's hands.
This was the first time that he heard something uncertain from Ren Zhen's mouth.
"Do you really think I'm looking at God's perspective?"
Ren Zhen smiled bitterly: "I said from the beginning that I took this case not because I thought he would be innocent, nor because I really thought he was innocent.
It’s just that I think there are other legal possibilities in this case. It would probably be a pity if I didn’t personally participate in it, right? "
(End of this chapter)
Gudong!
Zhao Guangxin drank all the water in the cup, then picked up the hot water bottle and filled himself with half a cup of water.
I think you are thirsty during the court session, so find yourself an excuse to drink water!
Zhang Lixia and Gu Changzhi looked at each other helplessly, and each took a few sips.
"But no matter how it is determined in the end, the calculation method of the amount of theft in the previous judgment is indeed wrong."
Zhang Lixia recalled that Zhao Guangxin also calculated during the trial, "For every 1000 yuan withdrawn, 999 yuan was stolen. This idea is indeed problematic. The actual amount should be subtracted from the balance on the card."
"That's true, but it's back to the same problem."
Gu Changzhi felt that his brain cells and hair were protesting wildly: "If the balance on the card is enough, isn't it theft? If not, then even if the balance on the card is not enough, as the defender said, it means that the Xu family overdrafted 10,000+ first, not theft. 10,000+.”
The three judges fell silent again.
"You tell me, how could there be such a weird case? How could there be such a weird person?"
Zhao Guangxin sighed: "It would be great if he stole the bank safe, then we wouldn't have to worry about it."
"Now that society has developed like this, cases will only become more and more complicated."
Gu Changzhi also sighed: "So not only does the law need to be revised in time, but we old guys also have to keep learning, otherwise we will not know what to do when we sit on the court and hit the gavel."
"The problem is not that we don't keep pace with the times!"
Zhang Lixia frowned: "I really can't reach the level. I really don't know what to do."
"I think the three of us may not be able to handle this case."
Zhao Guangxin put down the water glass and hesitated: "How about it?"
"I also feel that the three of us don't have the same opinions, or..."
Gu Changzhi agreed deeply and looked at Zhang Lixia.
Both of them focused on themselves. Zhang Lixia frowned and nodded slowly: "How about... huh?"
“If you can’t handle it, call for support!”
Zhang Lixia made a decision: "I will go to the dean now and ask him to submit it to the review committee for discussion and decision."
"Goodbye, Lao Zhang!"
Zhao Guangxin and Gu Changzhi gave a thumbs up, relieved.
For some difficult and complex cases that meet the circumstances, the collegial panel may choose to submit the case to the president for a decision to see whether to submit it to the judicial committee for discussion and decision.
If the three members of the collegial panel like them cannot reach a unified opinion, it is within the scope of submitting it to the review committee for discussion.
"Don't be too happy yet. The dean may not agree to hand it over to the review committee."
Zhang Lixia was a little helpless, "Let's formulate our thoughts into written opinions first. Even if we submit them to the review committee, we still have to report the case in the end, which is not much easier than judging by ourselves."
He knew why Zhao Guangxin and Gu Changzhi were relieved. In cases like this where none of the three judges could come up with a firm opinion, some judges may not be able to encounter one until they retire.
Now that they have encountered each other, they have to be careful.
Submitting the case to the review committee for discussion and decision is the safest and least error-prone option.
"Our brothers are not afraid of trouble. We really don't dare to make a hasty decision."
Zhao Guangxin and Gu Changzhi said that it did not matter what they wrote, the main reason was to make the most fair and reasonable judgment.
"That's it, I'll think about it again when I get back to see if there's anything I've missed, or if there's any way to explain it. Let's see how the dean arranges it." Although he's not entirely sure, Zhang Lixia feels that the Xu family will do this first. Once the case is brought to the dean, there is a high probability that it will go to the review committee.
Just seeing that the Supreme Court sent this case back for reaffirmation, we know that the judges above must have felt that there was something worth exploring in this case.
After the trial ended, Ren Zhen and Chang Jiahang got on the plane back to H City.
Perhaps because he didn't have any extra energy, Ren Zhen casually handed over the task of buying air tickets to Chang Jiahang, and the two of them took the first-class cabin again.
"Ren Lu, why don't you feel that you are not in a high mood?"
Ren Zhen's face was reflected on the window, and Chang Jiahang came over. This was first class, so it wouldn't be uncomfortable, right?
"Thinking about the case."
Looking out through the window, Ren Zhen recalled every word during the trial over and over again.
"I think we played pretty well this time. Are there any problems?"
There is only this one case at hand now, and Chang Jiahang doesn't think there is anything wrong with it.
"From the perspective of the defense attorney, there is nothing wrong with the beating."
Ren Zhen turned his head: "Basically all the possibilities of this case have been dug out, there should be nothing new.
I'm just thinking, if I were a judge, what crime would I give to the Xu family? "
"The Xu family will be sentenced first?"
Chang Jiahang hesitated for a while: "According to our defense idea, Xu Jiaxian's withdrawal behavior caused his bank card to be overdrafted by more than 17. Isn't it enough to return it as unjust enrichment?"
"That's just theory."
Ren Zhen shook his head: "You have to remember that in the legal world, some cases can draw definite conclusions, but some cases can have many interpretations.
Our defense idea is just one of them, and it may be correct or there may be reasonable explanations. "
"In other words, the judge may not accept our defense opinion this time?"
Chang Jiahang's heart skipped a beat. Then wouldn't my record of perfect wins during the internship be broken?
"Of course it's possible."
Ren Zhen sighed: "The difference between withdrawing and taking directly affects whether this case should be placed in the criminal field or in the civil field.
According to our thinking, the Xu family's withdrawal of money requires the cooperation of the bank, so it does not constitute theft. This is no problem because the cash withdrawn was approved by the bank. Even if it was approved by mistake, it was only delivered after approval.
But if you think about it more deeply, the creditor-debt relationship between the cardholder and the bank is also based on the principle of honesty and trustworthiness.So the Xu family will start with the second withdrawal. It's really hard to say whether the creditor-debt relationship between him and the bank is valid. "
"So the re-election lawyer actually doesn't have a final conclusion on this case?"
Chang Jiahang was a little surprised.
Ever since he met Ren Zhen, he had always felt that Ren Zhen was omnipotent. No matter how difficult the problem was, it would be easily solved in Ren Zhen's hands.
This was the first time that he heard something uncertain from Ren Zhen's mouth.
"Do you really think I'm looking at God's perspective?"
Ren Zhen smiled bitterly: "I said from the beginning that I took this case not because I thought he would be innocent, nor because I really thought he was innocent.
It’s just that I think there are other legal possibilities in this case. It would probably be a pity if I didn’t personally participate in it, right? "
(End of this chapter)
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