As a Lawyer, You Sent the Judge In?

Chapter 104: Counter-accusation: two words: voluntary! You don't want to, why

Chapter 104 Counter-Control: Two words: Voluntary! If you don't want to, why are you still going through it?

When Mo Xiao faced Su Bai's statement and questioning, his mood fluctuated slightly.

but

The adjustment was completed quickly.

Looking quietly at the presiding judge's seat.

As a public prosecutor, he certainly knows that the judgment of this case and the charge of provoking trouble is generally determined by the presiding judge's preference.

Between judgment and non-judgment.

He needs to be alert to the other party's way of disrupting his thinking.

At least, you can’t jump into a big pit.

At the seat of the presiding judge.

After listening to Su Bai's statement, Bai An frowned slightly, and then nodded silently.

Then, he looked at the defendant's seat and the prosecutor's seat.

“Now let the prosecutor state your side of the story.”

“A good judge.”

Mo Xiao nodded slightly, then sorted out the materials in front of him and said:

“According to the representations of the litigants.”

“We have made a brief summary.”

“First, the point expressed by the litigant is that the party involved, Zhang Laidong, did not use force.”

"but!"

“The charging point of view is valid, right?”

“Can the litigant produce actual evidence to prove that the party involved, Zhang Laidong, did not take anything by force?”

“Based on the statements made by the litigants.”

“Currently, the litigant can only prove that Zhang Laidong did not charge fees on some people, but the fact that he did charge fees is real.”

“According to the survey, calculated in terms of amount, there are nearly 15,000 people.”

“The evidence provided by the litigant is only the investigation results of several or dozens of people, which is not enough to expand its scope of application.”

“Let’s talk about it.”

“According to the lawyer’s statement, the fee collected does not account for one-third of the construction cost, but it is also profitable. This statement cannot be used as a factual basis to defend Zhang Laidong’s innocence.”

“As for what the lawyer of the litigating party stated, it is an infringement of the rights of others in the legal sense.”

“This point should be judged based on facts.”

“The law will neither wrong a good man nor fail to punish a bad man.”

“I hope that the litigant’s lawyer can defend the case from the perspective of legal factual basis.”

“Presiding judge, the prosecution has finished its statement.”

After Mo Xiao finished his statement, he looked up at the presiding judge's seat and smiled.

Put a big hat on me?

　　Okay, okay, you come and buckle, I let you buckle!

You have to explain clearly the factual basis even if you want to slap someone with a big label!

　　If you can’t explain clearly, you still have to be sentenced. Even if you blame it all on me, you still have to be sentenced!

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Facing Mo Xiao’s statement, Su Bai took a long breath.

It seems!

This Mo Xiao, as the prosecutor's lawyer during the first trial, studied the Zhang Laidong case very well!

but.…

What are you talking about with me about legal justice...?

Mo Xiao’s statement actually expresses a point of view!

It’s still the same important issue.

Why do you think that Zhang Laidong is not insisting? Can you provide direct evidence to prove this point of view?

ˆ And.

Mo Xiao passed the previous answer.

Also denied the statement made by Su Bai just now——

There is no factual basis that can accurately prove that Zhang Laidong did not insist on force.

The key is “accuracy”.

How to say.

It is indeed a bit tricky.

Of course, Mo Xiao also couldn’t come up with the “accurate” basis for the forced demand. The tangled point between the two sides still lies in this aspect!

At the seat of the presiding judge.

Presiding judge Bai An sorted out the views of both parties and the factual evidence submitted.

Frowning slightly.

Dong dong dong!

Bang the gavel!

“The two sides now have different opinions on whether Zhang Laidong used force in this case.”

“So, for other aspects.”

“For example, Zhang Laidong charges privately, provides free services to some people in need, and provides free services to disadvantaged groups, etc.”

“Do you have any objections to these?”

The evidence is conclusive, who dares to object?

Su Bai: "We have no objection."

Mo Xiao: “We have no objection.”

Dong dong dong!

“Neither the litigants nor the prosecutors have objections to the issues raised by the court.”

“Litigant, do you have anything else to say regarding the client Zhang Laidong’s private charges?”

“There is a chief judge.”

“Then make your statement.”

“A good judge.”

Su Bai simply sorted out the materials, looked at the prosecutor's seat, and spoke slowly: "I would like to ask the prosecutor a question."

　　咚咚!

“Does the prosecutor agree to ask?”

"agree."

“Parties may ask questions.”

“A good judge.”

Su Bai raised the corner of his mouth slightly and asked:

“I would like to ask the prosecutor, Zhang Laidong’s private construction is indeed illegal, but the prosecutor believes that the subjective purpose of targeting Zhang Laidong is to make a profit, or is it to facilitate the villagers and recover his own costs?”

“The evidence suggests that it is now for profit.”

Mo Xiao opened his mouth to reply.

Su Bai continued to speak:

“I would like to ask the prosecutor, after our client did this, did the villagers have easier access?”

Facing Su Bai's question, a trace of doubt appeared on Mo Xiao's face. How should I put this question? Isn't it obvious?

“According to relevant investigations, what Zhang Laidong did did indeed facilitate the passage of villagers.”

“Okay, thank you to the prosecutor for your cooperation.”

After Su Bai finished asking, he continued to state:

“According to the prosecutor’s answer, our client did provide certain convenience for the villagers’ passage.”

“On the other hand.”

“If we didn’t do this, would the villagers still be charged?”

“Why are the villagers willing to pay the fee?”

“The reason why they are willing to pay two yuan to pass is because they think the two yuan is worth it every time. If it is not worth it, they don’t have to leave at all, so naturally they don’t have to pay.”

“Did Zhang Laidong force others to leave?”

"If there is such a reason, we believe that there is no problem with Zhang Laidong's conviction! And the prosecutor can definitely file a lawsuit for extortion!"

“However, the key point is that Zhang Laidong did not force others to leave, and there was no violation of others’ wishes. From the perspective of Zhang Laidong and the public, it has a certain construction cost.”

"According to his subjective will, there is no compulsion to charge, nor is there any compulsion to let others go. It is all based on the principle of voluntariness. How can there be such a situation of force?!"

“As for what the prosecutor accuses.”

"The number of people can reach 15,000. We have no evidence to prove that these people were not taken by force." "But at the same time, the prosecution also cannot provide factual evidence to show that these people were taken by force."

"in other words."

"Some people may be dissatisfied with the fees in their hearts, but our client, Zhang Laidong, does not force him to enforce the fees. He does not force him to find the other party to charge fees. If he is willing to go through it, he can go through it. If he is not willing, there is no force, and he doesn't have to. Walk."

“Then what’s the purpose of them paying to go from here?”

“If you don’t want to, why do you have to pay?”

“Doesn’t this mean that we subjectively recognize Zhang Laidong’s subjective point of view?”

“We believe that Zhang Laidong has no legal awareness regarding the matter of private charging. There is no criminal behavior subjectively, and there is no disruption to social order objectively. Our behavior should not be charged with provoking trouble.”

“Presiding judge, we have finished our statement.”

After Su Bai finished his statement, he looked at Bai An at the presiding judge's seat.

　To put it bluntly, the practice of charging is indeed unreasonable in the legal sense.

But you cannot be convicted of provoking trouble!

Can’t blame everything on this crime.

After listening to Su Bai's description, Bai An nodded slightly, but according to the evidence provided by the prosecutor,

This matter is really difficult to judge.

Dong dong dong!

Bai An banged the gavel.

“The collegial panel has understood all the opinions of the litigants and prosecutors. Does the prosecutor have anything to add?”

Mo Xiao looked through the materials.

“President, we have nothing to add.”

Dong dong dong!

“After both parties have finished their presentations, there is nothing to add. According to the focus issues of both parties, the collegial panel needs to conduct further discussions.”

Dong dong dong!

“The court is now adjourned and the trial will resume in an hour!”

As the members of the collegial panel left the court, the trial entered an adjournment stage.

….…

The adjournment stage.

Su Bai, who was sitting on the litigating side, and Mo Xiao, who was sitting on the prosecutor's side and was being sued, looked at each other for a moment.

Neither of them spoke, but they were competing in secret.

Li Xuezhen on the side rubbed her eyes. He had stared at Mo Xiao for such a long time, and his eyes were a little sore.

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After taking a small breath, Li Xuezhen turned around and asked Su Bai.

“Lawyer Su...”

“I feel that this trial... will not be easy to fight...”

Su Bai nodded slightly.

“This trial is indeed not an easy one, but judging from the current situation, the presiding judge’s preference has not yet been determined.”

“Now that we have entered the adjournment stage, we don’t know much about the specifics.”

“Let’s wait until after the court session!”

"profound."

“Good lawyer Su.”

Li Xuezhen nodded seriously, rubbed her eyes, and continued to stare...

….….

At the same time, in the live broadcast room outside the court hearing.

In response to this case, heated discussions also broke out.

Some people believe that this matter should indeed be punished because it is an illegal construction after all.

Most people did not deny this matter, but more people believed that this matter should face administrative penalties.

Rather than...to be sentenced for the criminal offense of picking quarrels and provoking trouble.

Generally speaking, the comments in the live broadcast room are quite reasonable.

The comment area of the live broadcast room is also asking Luo Daxiang for his views on this case.

Luo Daxiang also expressed his own views on the focus of constant disputes between the two parties:

"Um!"

“What everyone said makes sense to a certain extent. In the first-instance judgment of this case, the main factor in the judgment was coercion.”

“The point discussed by the litigants and prosecutors also lies in this point.”

“Whether Zhang Laidong is taking the decision by force?”

“But neither side has shown that there is sufficient factual basis.”

“However...the litigant performed slightly better than the prosecutor in terms of stated concepts.”

“I can’t tell what the verdict will be in this case. The specific situation may need to wait until the trial begins and be determined based on the opinion of the presiding judge.”

Luo Daxiang continued to smile and said: "Let's wait and see. After the adjournment is over, there will most likely be a result on whether Zhang Laidong will be sentenced for provoking trouble!"

….…

collegial court, discussion room.

The three members of the collegial panel, Wang Zhihua, Bai An, and Xiao Jun, were sitting on the sofa discussing the judgment of this case.

“Let’s talk, you two can tell us whatever you think.”

"This case is indeed a bit complicated. Neither side can produce enough evidence. In terms of preference, I am a little biased, but I still need to listen to your opinions."

Bai An glanced at the two of them.

The two were silent for a few seconds, and then Wang Zhihua said:

“For this case... I have seen the first-instance judgment. When I saw the first-instance judgment, I felt that there was no big problem.”

“But…”

“The key lies in the lawyer of this litigant, Su Bai.”

“There is not much problem with the defense opinions he stated, and this explanation is also very reasonable in terms of forcing the case.”

"Subjectively speaking... I am partial to the defense opinion of the litigant Su Bai."

“After all...theoretically speaking, the prosecutor cannot produce substantive evidence for prosecution.”

“Since the prosecutor cannot produce substantive evidence to accuse, the litigant has a very strong defense opinion.”

“Then this case cannot be judged as provoking quarrels and provoking trouble according to the judgment of the first instance.”

"Um!"

After listening to Wang Zhihua's words, Bai An nodded.

Then he looked at Xiao Jun and said, "What's your opinion? You can tell me."

Xiao Jun and Wang Zhihua have somewhat different opinions.

Xiao Jun said: "I am more inclined to the prosecution side."

“I’m not saying that I am biased towards the prosecution. I can only say that if I look at the issue from a neutral perspective, I think there is no problem with the fact that not everyone is willing to take out the money.”

“But according to the litigant, it’s completely possible to leave if it’s not voluntary, this…”

“It also makes sense.”

“I won’t say much more about the rest. Let’s see what you think, presiding judge.”

Both judges stated their own opinions.

After listening to their respective statements, Bai An nodded slightly and continued:

“You two have no objection to the fact that the prosecution does not have enough evidence to prove that Zhang Laidong took it by force?”

"no comment."

They both spoke at the same time.

Hearing what the two said, Bai An nodded with a smile: "If you have no objections, let's wait until the court session."

“After listening to their statements, let’s decide the case.”

"OK.…"

"Can.…"