As a Lawyer, You Sent the Judge In?

Chapter 103 Administrative violation? You really dare to say that!

 Linan City Intermediate Court.

 The waiting room before the court session.

Li Xuezhen had a serious face and took a long breath.

 After reorganizing the materials and confirming that they were correct, the little face relaxed.

After Su Bai noticed Li Xuezhen's expression, he smiled and said nothing more.

Immediately afterwards, under the leadership of the staff, the two came to the court hearing site.

 This time.

  It is one against two.

 First: Enter a not guilty plea.

 The second one is to file an administrative lawsuit and revoke the administrative penalty.

  Difficulties of the case.…

 It mainly focuses on the first point, the defense of innocence.

 But the second point is also a difficult point...

Compared to the previous case, this case has one missing party.

 But the overall difficulty is indeed not small.

 One against two is not easy! .

 ….…

 Soon, lawyers from all parties to the trial entered the court.

 After the attorneys of the three parties and the parties have entered the court, the clerk begins to read out the court discipline.

"one:."

"two:."

"three:."

"Four:."

 “The court discipline has been read out, please invite the presiding judge and judges to enter the court!”

　　With the scribe's voice falling.

 Everyone at the court hearing stood up!

 The presiding judge and two judges walked to the court hearing platform.

Su Bai slightly raised his head and looked at the seat of the trial bench. The judge was Wang Zhihua, the presiding judge was Bai An, and the judge was Xiao Jun.

Presiding judge Bai An stood on the bench and banged the gavel: "Everyone, please sit down!"

 Dong dong dong.

  Accompanied by the sound of the gavel falling.

                                       .

 All members sat in their respective seats.

Presiding judge Bai An circled around for a week and then banged the gavel: "The court is now open!"

 All serious.

 Dong dong dong!

Presiding Judge Bai An banged the gavel again: "Now we will begin to verify the identities of the litigant, the litigant, and the parties involved,"

“The appellant is now invited to state the identity of the persons appearing in court.”

 “A good judge.”

Su Bai nodded slightly.

 The most critical point in this case is the determination of picking quarrels and provoking trouble.

 At this point.

 The opinion of the presiding judge is the most critical.

Su Bai had a certain understanding of Bai An and basically didn’t have much inclination towards this case.

At present, what he has to do is to interpret the law to make the presiding judge's preference favor their side and make a judgment!

After thinking about this clearly, Su Bai took a deep breath and continued: "The identity of the person appearing in court on the appeal side."

at the same time.

 On the other side, Luo Daxiang is also live broadcasting content on his French Review account.

 “We have already studied the relevant content of this case!”

“If you are new here, you can check out the video I posted.”

“Today, I will mainly educate you on the crime of picking quarrels and provoking trouble, and the definition of this crime!”

 “What about this sin?”

“It is under Article 293 of the Criminal Law. The party involved in this case was convicted of picking quarrels and provoking trouble at first instance because of Article 3 of the crime.”

“As for the judgment of the first instance, I have posted it in the previous video, so everyone can discuss it freely.”

 Comment area: "After reading it, I feel it is very unreasonable. I hope I can give an accurate explanation! Otherwise, this judgment is just like a joke!"

“That’s right! This matter must be given an accurate explanation, otherwise it will be too unreasonable! Damn, the sentence is so irritating!”

"but."

"etc!"

“For you old fans, do you think the lawyers in this trial look familiar?”

“Nima, isn’t this Lawyer Su! It looks familiar! It must look familiar! We have met several times in Teacher Luo’s live broadcast room!”

 “Hahaha, right! I think so too!”

Luo Daxiang saw the content in the comment area and said with a smile: "This time we are broadcasting the content of the court hearing. It is also a lawsuit entrusted by Lawyer Su. At the same time, this case is also very typical."

 “Everyone can continue to look down.”

.

 ….…

 At the court hearing.

 The relevant identity information has been verified.

 Prosecution lawyer: Mo Xiao.

Water management station lawyer: Meng Haiyang.

 These two are relatively well-known lawyers in Linan City.

 Have a certain ability to judge this case.

More importantly, during the first trial of this case, the prosecutor’s lawyer was Mo Xiao!

It can be said that Mo Xiao has a better understanding of this case and that Zhang Laidong was convicted of provoking quarrels and provoking trouble, and he can also confirm that it is basically impossible for the other party to change the sentence.

 Mo Xiao remained calm and silent during the trial, quietly reading through the materials.

 Dong dong dong!

On the trial stage, the presiding judge Bai An banged the gavel and focused his gaze on the litigants' seats.

“The identity information of all parties has been verified.”

“This court has jurisdiction over Zhang Laidong’s case. This case will be heard by Linan Intermediate Court. Do all parties have objections and apply for recusal?”

Su Bai: “No objection, no application for recusal.”

Mo Xiao: “No objection, no application for recusal.”

Meng Haiyang compiled the information: "No objection, no application for recusal."

Bai An nodded slightly, and after hearing the answers from all parties, he lowered his head and glanced at the information.

 In this case, he has already understood the evidence submitted by all parties.

  The evidence submitted by both the prosecutor and the litigant has a clear legal basis!

 Whether Zhang Laidong is found guilty still requires pleas from both parties at the trial.

 As for the administrative complaint filed by the litigant.

 Look at this again

After Bai An figured out this idea, he banged the gavel again.

“No party has any objection to the hearing of this case by this court, and the cause of the case is now determined.”

“The cause of this case: The litigant appealed to reject the first-instance judgment and defended Zhang Laidong’s innocence. At the same time, the water management station lodged a protest against Zhang Laidong’s administrative penalty. Is the cause of the case true?”

Su Bai raised his head and looked at the presiding judge's seat: "President, the case is true."

The voice fell.

 Dong dong dong!

 Bai An banged the gavel at the presiding judge's seat: "Confirm that the cause of the case is true."

“The following is a request for the litigant to state the litigation claims, litigation evidence or facts and legal basis.”

 “Good judge!”

Su Bai took a deep breath. This time the key to the lawsuit was coming! Su Bai took out the litigation claims that had been drafted from the litigation materials, and Su Bai slowly stated:

“Presiding judge, our lawsuit application is as follows:”

“1: According to the provisions of our country’s Criminal Law, Article 293, the crime of picking quarrels and provoking trouble.”

“Those who commit one of the following behaviors and disrupt social order will be deemed to be provoking trouble.”

“(1): Beating others at will, the circumstances are serious.”

“(2): Chasing, intercepting, insulting, intimidating others, and the circumstances are serious.”

“(3): Forcibly taking or destroying property at will, occupying public or private property, and the circumstances are serious.”

“(4) Making trouble in public places and causing serious disorder in public places.”

“According to the judgment of the first instance on our client, it is (3): forcibly taking other people’s property, multiple times, and we question this.”

“That is, we apply to revoke the first-instance judgment and change the verdict to not guilty.”

“Two: Regarding the administrative penalty imposed on us by the water management station, we believe that the penalty imposed by the water management station is an administrative violation, that is, we apply to revoke the administrative penalty and make a public apology to our client!”

“Presiding judge, our lawsuit application has been stated.”

 There are only two lawsuit applications this time.

 The first article is relatively normal. After all, it is a defense of innocence.

 But what's going on with the second article?

 Is the penalty at the water management station considered an administrative violation?

 Tsk tsk tsk.

 You really dare to say it!

After listening to Su Bai's statement, Meng Haiyang frowned slightly, said nothing, and just looked at Su Bai.

 Just thinking about what Su Bai said about administrative violations...

.

 ….

 At the judgment seat.

Bai An frowned slightly, and then looked at the seat of the party being sued.

“Now, please let the prosecutor, the litigant, make a statement.”

Mo Xiao sorted out the litigation materials and then spoke:

“We raised objections to the lawsuit’s claim that Zhang Laidong was not guilty and applied to revoke the first-instance judgment.”

"We believe that Zhang Laidong was engaged in illegal construction in this case and was suspected of repeatedly taking other people's property. Based on the evidence provided by the prosecutor and the legal definition of provocation, we confirm that Zhang Laidong has constituted a serious case of provocation. Trouble."

"We believe that it is best not to jump to conclusions before the litigant has strong evidence to prove it. The law is strict and blasphemy is not allowed!"

 “Our statement is complete.”

 After Mo Xiao finished his statement.

Su Bai raised the corner of his mouth slightly, it's best not to jump to conclusions? Are the laws strict?

 Why are you so tough-mouthed?

When I talked about filing a lawsuit, you said I jumped to conclusions. Do you think the law is strict?

 Alright, alright, alright!

 You will know in a moment whether the law is strict or not!

Su Bai's eyes fell on Mo Xiao.

 Similarly, Mo Xiaozhi’s eyes met Su Bai’s.

 Neither of them gave in.

Su Bai raised the corners of his mouth slightly and said nothing.

 After Su Bai and Mo Xiao finished their statements.

Presiding judge Bai An summarized the evidence submitted by the litigant, that is, Su Bai’s side, and the evidence submitted by the prosecutor.

 Following.

　　focused on Su Bai.

“Litigation party, I have a few questions about the evidence submitted by the prosecution and you.”

“First, how do you prove that Zhang Laichun didn’t take it by force?”

“Second, what is the basis for the facts you determined?”

“Third, do you have any objection to Zhang Laidong’s illegal construction and private charging?”

Bai An asked three questions in a row. Su Bai knew that these three questions were very critical.

Since the presiding judge has pointed out these three issues, it shows that in the presiding judge’s mind, these three issues are the key to his intentionality.

Su Bai simply sorted out the materials, then raised his head slightly and said:

“Presiding judge, we have no objection to Zhang Laidong’s illegal construction and private charging...”

 The evidence on this issue is conclusive and there is no possibility of dissent.

but!

 The other two questions are the key to the presiding judge’s inquiry.

only.…

 The boundaries between the key points of these two issues are blurred.…

Su Bai took a deep breath, and then said:

“Presiding judge, in the evidence we submitted, Zhang Laidong did not collect fees compulsorily, but mostly collected fees on a voluntary basis.”

“There were no repeated forcible demands mentioned in the prosecution’s complaint...”

“Furthermore, the prosecutor accused us of intercepting and charging fees and harming the interests of the masses. This matter has no factual basis.”

“Because we paid for it ourselves, the interception charges were to compensate for our losses, and we benefited from it. However, there is no factual basis for intentional crime in the subjective aspect, and it does not disrupt social order in the objective aspect.”

“According to the criminal law, the definition of crime is infringement of the legal rights and interests of others.”

“But if we charge a fee, will it infringe on other people’s legal rights?”

"not at all!"

 “On the other hand, we have facilitated the interests of others.”

“It is a good thing and does not infringe on the legal rights and interests of others!”

"If we are judged to be provoking quarrels and provoking trouble, does that mean that in a legal sense, we have violated the legal rights and interests of others and caused disruption to social order?"

“Then let me ask the prosecutor, if our purpose is to infringe on the legal rights and interests of others and cause damage to social order, then why should we build it to facilitate others?”

"So far, the fees collected by Zhang Laidong do not account for 1/3 of the construction cost... and have also exempted some people in need and some urgent matters. In these matters, we have infringed on the legal rights and interests of others. ?"

 “Let’s talk about the subjective aspect again.”

“During the execution of the first-instance judgment, Zhang Laidong was ordered to return all the fees collected.”

 “After return.”

“One of them, named Li, gave the returned property to Zhang Laidong’s family again.”

“During this process, Zhang Laidong was not present throughout the entire process, and there was no forced request.”

 “Then why does this happen?”

“The reason is that Zhang Laidong’s incident is a good thing for the nearby villagers.”

"It's all voluntary, there is no compulsion. Could it be said that if someone gives it voluntarily, it can be regarded as being forced to do so?!"

“This is completely unreasonable and does not comply with the legal interpretation of forceful demands!”

“The above is our factual basis for applying to revoke the first-instance judgment of Zhang Laidong.”

“And all the corresponding evidence has been submitted, and the presiding judge can review and confirm it.”

to be honest.

In this debate, the prosecutor’s defense is whether Zhang Laidong was forced to plead.

He was supposed to be questioned, but through these questions from Su Bai, he instead put the question back to the prosecutor.

 This question is inherently ambiguous.

Whoever takes the initiative has the right to speak.

 Based on the current situation, it is obvious that he has a certain initiative.

 The prosecution lost the defense and Zhang Laidong changed the sentence, so there would be no problem.

　　If the plea wins...well, it is impossible for the prosecution to win!

 Mo Xiao frowned slightly after listening to Su Bai's statement.

 This...is this a direct slap on his face?

 And you asked him the question?

this.…

 What a big hat!

 PS: Please give me a monthly ticket~

 (End of this chapter)