As a Lawyer, You Sent the Judge In?

Chapter 124 Question the prosecutor and determine the result!

 At the judgment seat.

Judge Chang Jiang Hetao simply sorted out the trial materials on this case.

  As for this case, I have already made a certain decision in my mind.

 There is no doubt that there is no guilt.

 Avoid unjust, false or wrongful convictions.

 No matter what other judges think, but here he is.

 The legal definition of “no suspicion of guilt” must be followed.

After looking around the trial scene, Judge Changjiang Hetao banged the gavel.

　　咚咚!

“The trial has reached the final stage. All parties have no objections to the final issues of the trial defense.”

　　咚!

 “Now, please let the parties to the lawsuit begin making court statements.”

Jiang Hetao set his sights on the prosecutor's seat.

 “Please let the prosecution begin its statement.”

 Lv Hongmei took a deep breath, knowing that this was the most critical time!

 The court presentation stage.

 This is what she is best at!

 She won many cases with subjective judgments using this final court statement...

A decisive comeback depends on court statements.

 At this time, Xu Qing was on the sidelines and handed the contents of the court statement prepared in advance into Lu Hongmei's hands.

Looking at the materials in her hands, Lu Hongmei held her breath and spoke slowly:

“Presiding judge, our court states as follows…”

“In this case, except for the confession of the party Wang Mingxuan, there is no evidence to prove Wang Mingxuan’s subjectivity.

And the parties concerned cannot use the parties’ confessions as evidence to exonerate themselves. "

  “Moreover.”

“Because the perpetrator, Lin Xiu, is a woman who has just come out of society, she is relatively repulsive to men, and similar bad incidents have happened many times before.”

 “There was a lot of media coverage of this incident.”

“This led to the perpetrator Lin Xiu’s panic.”

“This resulted in Lin Xiu’s dangerous actions and behaviors.”

“Furthermore, Wang Mingxuan had already predicted Lin Xiu’s panic, and before Lin Xiu prepared to take dangerous actions, Wang Mingxuan had obviously noticed it but did not stop it..."

"Why didn't he stop it? Did he think that Lin Xiu had no possibility of dangerous behavior?"

“Don’t he know what the consequences will be if something unexpected happens?”

 “Can he produce evidence to prove his innocence?”

"cannot!"

"Through subjective inference, Wang Mingxuan bears a certain degree of responsibility for Lin Xiu's death. There is a possibility of foreknowledge, but he clearly knows that he cannot claim the serious consequences of foreknowledge. As a result, no evidence can be found from his confession... "

Su Bai:? ? ? ?

　　When hearing this passage, Su Bai twitched the corner of his mouth.

 Do you have any prejudice against the current law enforcement?

 If the previous messy stuff doesn’t matter, I won’t mention it for now.

 Let’s just talk about the last point -

Wang Mingxuan knew clearly that he could not say that he had foreseen the seriousness of the consequences, so that was why he did not get any effective clues from his mouth?

To put it bluntly...the general meaning is that Wang Mingxuan knew that he would be judged if he said that he had foreseen Lin Xiu's dangerous behavior, so he chose not to say it.

　　　…

 Do you know what you are talking about...?

You just asked Wang Mingxuan with leading questions...

If it weren’t for the interruption, Wang Mingxuan might have fallen into your leading questions.

This matter has become such a big deal, and the outside world has spread a lot about it. The law enforcement parties must investigate the factual basis before they can draw a certain conclusion.

You are now saying in your court statement that Wang Mingxuan, an ordinary person, can withstand the questioning of law enforcement...?

 What are you talking about...

You go in and see if you can withstand the pressure of questioning from a top criminal investigator?

 It's off the mark...You are very capable of subjectively framing me.

Now is the stage of Lu Hongmei's court statement, and Su Bai did not interrupt.

Lu Hongmei continued to speak:

"As a woman, the perpetrator has a certain vulnerability. Jumping from the car to death was a forced act. This incident caused a huge social impact. What is the reason? The reason for the huge social impact is that women Rights are not protected and demands are not met, resulting in a situation.”

“I hope that the presiding judge will consider this issue from multiple aspects.”

“As for Wang Mingxuan’s lack of substantive evidence and his so-called lack of “foresight,” we believe that the perpetrator’s right to life should be protected, and a “bad guy” should not be let go, and a criminal should not be allowed to escape.”

 “Listen more to the voices of public opinion...”

“Presiding judge, we have finished our statement.”

Lu Hongmei took a breath after finishing her statement.

This court statement.

 She didn’t believe it and couldn’t control the judges.

Xu Qing also secretly gave a thumbs up after listening to Lu Hongmei's court statement.

 “That’s really well said.”

Lu Hongmei smiled and did not speak. Instead, she focused her gaze on the court judges sitting on the trial bench.

 At the judgment seat.

 At this time, Feng Qian said from the side: "I think this court statement is very good..."

Jiang Hetao frowned slightly and glanced at Feng Qian lightly, knowing why Wang Mingxuan was sentenced to the full sentence in the first trial.

 Zhang Yingying sat on the other side and sighed deeply after hearing Feng Qian's words.

However, the trial continued and she said nothing more.

　　咚咚!

　　The gavel was struck in the trial of Yangtze River Hetao.

 “The prosecution has completed its case.”

“Now let the litigant’s lawyer make a court statement.”

　　　　　　　　　　　　　　　　　　　　　　　　　　‖

Su Bai pulled out the litigation materials and directly rejected Lu Hongmei's point of view in the first sentence.

“We believe that the prosecution lawyer’s statement has strong personal subjectivity and does not have the professional ethics that a lawyer should have, and we apply to reject the prosecution lawyer’s statement.”

 Audience:? ? ?

Lu Hongmei:? ! ?

This court statement directly accuses her...?

Lu Hongmei’s eyebrows were furrowed and she looked at Su Bai impatiently.

Su Bai noticed it, but didn’t care at all and continued to state:

“According to the provisions of Article 55 of our country’s Criminal Procedure Law, evidence should be valued and oral confessions should not be taken lightly. The evidence must be reliable and sufficient legal conditions must be met.”

“For the sentencing of all cases, emphasis must be placed on evidence and investigation and research, and oral confessions must not be taken lightly. If there is only the defendant’s statement and no other evidence, the defendant cannot be found guilty and sentenced. Without the defendant’s confession, the evidence is reliable and sufficient. The defendant can be found guilty and punished.”

“The evidence is reliable and sufficient and should meet the following conditions:”

“1: The facts of conviction and sentencing are all supported by evidence.”

“Two: The evidence on which the case is finalized has been verified to be true through legal procedures.”

“Three: Based on the evidence in the entire case, reasonable doubt has been eliminated as to the facts identified.”

“The prosecution’s accusation against Wang Mingxuan in this case was determined entirely through “subjective” factors. The facts and evidence relied on our oral confession. I would like to ask the prosecutor’s lawyer, is this reasonable?”

 “Does this comply with the legal definition of a court judgment?!”

“Which law are you basing your accusation on us on? Or are you simply ignoring the legal provisions of Article 55 of the Procedural Law?!”

 “Women are not subject to the law?!”

 The most important thing in a trial is evidence!

 This is beyond doubt.

 Whether it is from subjective factors or objective factors, the debate revolves around one issue, that is, the applicable interpretation of the law and evidence.

It’s like: If during the driving of the vehicle in this case, evidence was found that the perpetrator Lin Xiuyou was beaten.

 Then it is entirely possible to accuse Wang Mingxuan.

 Or perhaps, Wang Mingxuan's behavior of insulting Lin Xiu is also evidence.

 But what is Lu Hongmei’s statement? It is subjective, without any behavioral basis.…

This is inappropriate. Is it nonsense to influence the presiding judge's intention?

Su Bai asked a series of questions, which made Lu Hongmei's head buzz with questions.

no

 Aren’t we making statements to each other…?

 You started attacking me directly...?

 And, I can’t refute it yet.

 It is not the kind that cannot be refuted, but the kind that cannot be refuted.

Didn’t she directly say at the court hearing that Article 55 of the Procedural Law, which emphasizes evidence, is not a legal requirement?

 Definitely not!

 So, faced with Su Bai’s series of questions, Lu Hongmei’s face turned green with anger.

 But he couldn’t say much else, so he could only remain silent.

 For this trial.

Su Bai has already been prepared, so there is no need to worry at all.

As long as the judge dares to say no, the first thing to do after the trial is to write materials. Report directly.

 There is nothing more to say about this.

 Just report it directly and that’s it.

After the thought flashed through, Su Bai continued to state:

“The prosecution’s statement is from the perpetrator’s side and is expressed from a subjective perspective.”

   “But.”     “The principle of application of law is to judge whether a person is guilty or not based on evidence.”

 “Rather than from some subjective aspect.”

“Presiding judge, we have finished our statement.”

 After Su Bai finished his statement, he looked towards the trial seat.

 The judgment seat at this time.

Jiang Hetao considers the impact on society.

Zhang Yingying sided with Su Bai, while Feng Qian sided with the prosecutor.

 Judges are not unanimous in their opinions.

After being silent for more than ten seconds, Jiang Hetao looked at Feng Qian: "Feng Qian, what do you think...?"

Feng Qian did not hesitate: "I think we should start from the perspective of social influence..."

Jiang Hetao frowned slightly.

“Since the opinions are not unanimous, let’s discuss it again.”

　　咚咚!

 The gavel was struck to adjourn the case, and a judgment was made after the court session.

 Second adjournment!

.

 ….….

 During the recess.

At the litigant's seat, Su Bai's expression was dull. In this trial, no matter how many times it was adjourned, even if the judge discussed some subjective factors and there was no substantive evidence, Wang Mingxuan could not be found guilty.

 You want to determine someone’s guilt based on a subjective factor

 If I don’t send you in, who will?

　　Bah!

 Who are you sending in?

His idea was misled by Xiao Li!

 At the prosecutor's seat.

 Xu Qing and Lu Hongmei were undecided about the questions Su Bai had just asked in the court hearing.

 I don’t know what will happen after the court is adjourned this time.

Xu Qing whispered: "I feel that the lawyer on the opposite side seems to be more confident than us in making court statements..."

 Hearing what Xu Qing said.

Lu Hongmei frowned deeply and said nothing.

Xu Qing knew that he had said the wrong thing just now, so he looked at Lu Hongmei carefully and did not continue to speak.

.

 ….….

 At the same time, members of the collegial panel were discussing in the room.

Jiang Hetao spoke directly: "Let's talk about it. Tell us what you two think."

“You two had different opinions before the court statement. Now you two can talk about it after the statement.”

Feng Qian: "I still have the same opinion. I think it is an established fact that the perpetrator died... and you have also seen the huge social impact, Judge Jiang..."

 Zhang Yingying frowned, no, the court statement has ended...

The litigant has already come up with it and explained it absolutely to the legal provisions. Isn’t it a violation to bite the bullet and judge it?

 Zhang Yingying was silent for a few seconds, and then said: "I still maintain my opinion."

“And I think the acquittal has indeed had a huge social impact, but if the person is convicted, it will be a violation of our procedures and a violation of statutory regulations.”

“This will have a huge impact on the credibility of the judiciary...The social impact of public opinion will be even greater.”

“Presiding judge, I think we should not only consider the public opinion of the perpetrator, but also the social influence of the judicial department.”

“I still think the verdict is innocent in this matter...and the litigation lawyer Su Bai...is a senior and top criminal lawyer in Nandu..."

“If we are found guilty in this case, then it is obvious that there are certain problems with the sentencing result of our collegial panel members…”

“After all, through judicial interpretation, this case does not have strong evidence to prove Wang Mingxuan’s guilt, based on the principle of acquittal and in accordance with the legal provisions of Article 55 of the Procedural Law.”

“A guilty verdict...then it is very likely that the other party will question the outcome of the trial.”

"Question? Our verdict is well-founded, how can he question it?"

 Feng Qian asked further.

Zhang Yingying was silent and didn’t want to talk at all.

 Yes, yes, your sentence is well-founded.

 But if the other party raises questions about your judgment during the court trial, how do you answer them?

You can’t give an explanation, why do you make such a judgment?

The other party has already provided legal basis, but you still insist on making this judgment. If you don’t go in, who will?

Zhang Yingying remained silent and did not speak... because she did not want to pay attention to Feng Qian at all.

Jiang Hetao took a long breath and nodded, obviously understanding more than Feng Qian.

 He was originally worried about public opinion and influence, and thought about whether he should have a suspended sentence.

  There is a certain tendency, but not much.

 But what Zhang Yingying said.

  If the judgment is made based on public opinion and influence.

 That is the greatest injustice to justice!

 The influence caused by this is much greater than the subsequent situation caused by public opinion and influence!

 With this in mind...

Jiang Hetao stood up: "Yes! I support Zhang Yingying's point of view."

"But.…"

Feng Qian wanted to say more, but was directly interrupted by Jiang Hetao.

“No but, Feng Qian, I think there is a certain problem with your subjective factors, and you were too subjective during the trial.”

“As a judge, you do have your own preferences, but your preference is too obvious, illogical, and even ignores basic legal provisions!”

“This idea of ​​yours is very dangerous and you are not suitable to serve as a judge.”

"I will report this matter to the dean later and request to be transferred from your position."

 “Okay! This matter is settled!”

Feng Qian wanted to speak and said that she knew she was wrong, but Jiang Hetao waved her hand and blocked her.

As the presiding judge, Jiang Hetao was much higher than her. Feng Qian was a little anxious about Jiang Hetao's words, but there was nothing she could do.

Seeing this, Zhang Yingying said nothing more.

If Jiang Hetao really adopts Feng Qian's opinion today.

So.…

 The follow-up will be very troublesome.…

 As the presiding judge, Jiang Hetao will also be seriously affected.

 So this is one of the reasons why Jiang Hetao is so serious.

 An unfair judgment will have a profound impact on the credibility of the judiciary.

 Obviously.…

 Feng Qian is too subjective and is indeed not suitable to continue to serve as a judge.

.

 ….….

 The court recess time passed by in a hurry.

 In the voice of the clerk, the third hearing was held.

 The court convenes to announce the verdict.

　　咚咚!

Jiang Hetao banged the gavel.

Clerk: “Everyone stands up and asks the presiding judge to announce the verdict!”

　　咚!

Jiang Hetao picked up the judgment materials with both hands and spoke slowly:

“The cause of this case: Wang Mingxuan refused to obey the first-instance judgment and requested an appeal to the second instance to plead not guilty.”

“This court has jurisdiction over this case, and all applicable laws shall be in accordance with domestic laws.”

“The verdict is announced below:”

“According to the research decision of the collegial panel, the litigant applied to revoke the first-instance judgment and defended his innocence. The results of the current judgment are as follows:”

“1. To revoke the first-instance judgment in response to the application filed by the litigating party.”

“The second-instance court, the Shah Du High Court, determined that the first-instance judgment was unclear about Wang Mingxuan’s subjective judgment and had no strong factual basis.”

“The method of relying on the judgment is only based on Wang Mingxuan’s subjective identification and the perpetrator’s psychological identification, and there is no objective evidence for identification.”

“According to Article 55 of the Criminal Procedure Law:”

“If there is no evidence to prove guilt, the conditions for imposing a sentence are not met.”

  “In this way.”

“This court, the Saduak High Court, as the court of second instance, finds:”

 “Revoke the result of the first instance judgment.”

“Wang Mingxuan was found not guilty and released in court!”

“According to the provisions of my country’s Procedural Law, if both parties determine that the facts of the judgment or the basis for the judgment are wrong, they may submit a review and supervision to the relevant department after the court is closed, or file a request for retrial.”

“The judgment will be issued to all parties within ten days of the close of court.”

　　咚!

 The gavel sounded, announcing the result.

 “Closed court!”

 As the last two words fell, the result of the judgment also came out.

Lu Hongmei was sitting on the prosecutor's seat, looking at Feng Qian, and was stunned for a few seconds.

 No...how could this be acquitted so directly?

 At least there should be a suspended sentence, right?

 In the first trial, the verdict was full. This time, not only was there no verdict, but a verdict of not guilty?

This is a little different from what Lu Hongmei imagined...

 PS: Please give me a monthly ticket~

 (End of this chapter)