As a Lawyer, You Sent the Judge In?

Chapter 172: The final verdict, a question from the soul!

Chapter 172 The final verdict, a question from the soul!

In this case, the two most critical points have been decided.

Then, there is no longer any problem with the verdict of miscarriage of justice.

Conditions for the crime of miscarriage of justice.

　　1: Wrong application of law.

Two: Subjective intentionality.

Three: Judges.

Two judgments and one condition have been met.

The next step is the key issue of prison term!

On the bench, Ren Yuandong looked at the litigation materials, simply sorted them out, and then breathed a sigh of relief.

This case is almost over here.

The rest is to judge Qian Wei based on the specific matters.

As for the specific matter, it is very simple, it is the final court statement.

Dong dong dong!

Ren Yuandong looked around, banged the gavel, and said: "The judgment on Qian Wei's violation of law has been completed."

“Now the parties are invited to make court statements…”

“Prosecutor, please begin your court statement.”

The judgment is completed, which means that Qian Wei's crime has been confirmed.

Guan Tong took a deep breath and looked at the court seat: "Presiding judge, our court statement is as follows:"

“Based on the consequences of the crime of perverting the law, Qian Wei’s judgment was wrong, and the personal losses caused to Zhang Dahu have exceeded 100,000 yuan, up to 400,000 yuan, in accordance with the law.”

“In view of Qian Wei’s intentional ruling, which affected the trial and caused huge losses to the parties, the sentence should be severely punished.”

“The prosecution recommends a sentencing of three years in prison, and the court is requested to adopt it.”

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

Guan Tong’s court statement has only one purpose, and that is to get Qian Wei the punishment he deserves, three years in prison, which is just right.

　　咚咚!

Ren Yuanfang banged the gavel: "The prosecution has finished its statement. Now let's ask the defendant's client to make a statement."

Liu Jun took the litigation materials from his assistant, flipped through a few pages, and said, "Okay, presiding judge."

This court trial has ended, and Qian Wei is certain to be sentenced, but in terms of criminal liability, the sentence will be lighter or heavier.

Heavy

Perhaps several years, or a direct suspended sentence in mild cases.

Liu Jun has studied Qian Wei’s case a lot, and he also knows where to start the court statement to be more conducive to Qian Wei’s sentencing.

Clear your thoughts and begin to state:

“Presiding judge, our court states as follows:”

“We have no objection to Qian Wei’s judgment.”

“The focus is on the sentence given to Qian Wei. Qian Wei’s decision on Zhang Dahu’s case was indeed wrong in some aspects.”

"But... As a judge, you, the presiding judge, know that there are many things that need to be considered when judging a crime."

“Qian Wei was also a presiding judge, and he may have considered and taken into account more things.”

“First of all, regarding the judgment, Qian Wei’s judgment does have certain problems, but he did not accept gifts, nor did he commit any other illegal or criminal behavior.”

"From this point of view, Qian Wei's responsibility is very small. It is just a small mistake and subjective favor that led to a wrong judgment."

“We believe that the punishment against Yu Qian Wei should be lenient. The law is ruthless and people have mercy. As a judge, you, the chief judge, should be able to better understand Qian Wei’s mood when he makes the judgment.”

“Presiding judge, we have finished our statement.”

Su Bai:? ? ? ?

The law has no mercy but the people have feelings.…

Hmm, well said, well said!

For a person who has violated the law, how can we say that the law has no mercy and people have mercy?

The law is the fairest and has no mercy.

You want the presiding judge to empathize with a criminal suspect like Qian Wei?

Tsk tsk.…

For a moment, Su Bai didn't know whether Liu Jun really wanted the presiding judge to think from Qian Wei's perspective, or whether he wanted to unseat the presiding judge Ren Yuandong.

Ren Yuandong frowned slightly after hearing Liu Jun's court statement on the court, but he still banged the gavel.

“Now let Qian Wei, the defendant party, make his final statement.”

"OK.…"

Qian Wei took a deep breath. Knowing the verdict of this trial, he had no hope of getting away with the crime. He could only ask for a reduction in the sentence.

The key is his statement.

“President, my statement is very simple.”

“As for the verdict in Zhang Dahu’s case, I admit that I am guilty.

I know that the judgment I made has had a bad impact on the parties involved.

I now deeply reflect on the fact that my behavior is wrong. "

“Through this trial, I also learned about some bad claims about my behavior.”

“I did not do well in Zhang Dahu’s case. I now formally apologize to Zhang Dahu.”

As Qian Wei spoke, he bowed deeply toward the prosecutor's seat, and then continued to speak.

"Although I said I made a wrong judgment, in fact, my original intention... was to achieve a fair judgment and to hope that the elderly could receive due compensation... but I did not expect that I had committed some illegal acts. ”

“To be honest, my starting point was good, but my process and behavior were wrong.”

“But no matter what, my final result was that something serious went wrong.”

“No matter what the court’s verdict is, I will fully accept it.”

"However, I still hope that the court can take into account my starting point and my purpose and deal with me appropriately."

"This ends my statement. Thank you to the presiding judge and to the members of the collegial panel."

Su Bai understands... Co-author Liu Jun, the defendant's attorney, and Qian Wei are the defendants. The parties have already discussed how to make court statements.

Want to reduce your sentence?

Using court statements to achieve reduced sentences or suspended sentences?

Su Bai frowned slightly, then relaxed his brows and looked at the defendant's seat with a smile.

　　咚咚!

“The defendant’s court statement has been completed, and the prosecution is now invited to make its final court statement.”

“A good judge.”

Su Bai nodded slightly. If the other party wanted to play the emotional card, he would have to make a statement from a legal perspective.

Especially...I remember how arrogant Qian Wei was at the court hearing.

Such judges should be punished by law.

Must be severely punished!

“Presiding judge, our court states as follows:”

“First of all, we believe that there are certain problems with the statements made by the defendant’s attorney ad litem.”

“I cannot understand what was stated by the defendant’s attorney ad litem. Qian Wei’s illegal judgment in Zhang Dahu’s case was just a small mistake and a favor.”

“The law is strict, and a small mistake may have serious consequences and impact.”

“Besides, what is a small mistake?”

“A small mistake caused Zhang Dahu to bear a debt of 400,000 yuan.”

“As a judge, can Qian Wei imagine how unaffordable 400,000 yuan would be for Zhang Dahu’s family?”

“The defendant’s litigation attorney made this matter so easy. Was he speaking from the defendant’s perspective, or from his own perspective?”

“Or maybe you are used to being aloof and think 400,000 is not worth mentioning?”

“Human relationships cannot be defined by law, but the law is also not a choice in human relationships.”

“Is the law personal? Is the law defined by Qian Wei?”

"no!"

“If not, why should Qian Wei use the law as a favor?!”

"besides.…"

“Can the defendant’s attorney explain what it means to be aware of Qian Wei’s situation when he was also the presiding judge?”

“One is a judge and the other is a defendant suspect. Is there any connection between the two?”

"also!"

"The law is ruthless and people are ruthless. The reason why the law is ruthless is because of the fairness of the law."

“The law gives everyone present an equal opportunity. Whether you are a powerful person or a civilian, you all enjoy legal fairness in accordance with the law.”

“Can a person despise the fairness of the law because of his emotions?”

“How can the so-called so-called worldly behavior violate the rules and trample on other people’s legal rights?”

"cannot!"

“What is the purpose of the construction of law? It is to construct an equal right.”

“Qian Wei, as the presiding judge of Zhang Dahu’s case, based on his own subjectivity, knew that this case was related to his friend’s relatives, and he had the right to enforce the law according to his own rights.”

“What did the arbitrary disregard for the fairness of the law in sentencing cause to Zhang Dahu?”

“It resulted in an unfair legal judgment!”

“What is caused is the defect of the rule of law!”

“In law classes, we often hear teachers say that one unfair trial is worth ten criminal acts.”

“Has anyone ever thought about what would happen if Qian Wei’s judgment is confirmed?”

"The consequence is that in the absence of evidence, the court can make a judgment based on the experience of this court trial: The old man was not bumped, why did you help him?" "So in court, for those who are truly courageous, and for those who are truly courageous, What is the attitude of a well-intentioned person who does good things?”

“Won’t it chill these kind-hearted people?”

“And when they face such a question, how should they explain it?”

“I explained that I was helping people with good intentions, but the court ordered me to pay 400,000 yuan in compensation. The result is that no one will help me.”

“Is this what Qian Wei said that his starting point was good but the process was illegal?”

“The law is about letting good people take the blame and seeking benefits for those who accuse malicious accusers, right?”

“If his starting point is good, as a judge, why doesn’t he uphold the justice of the law?!”

“Why do you think so?”

“Is it possible to evaluate the law based on his preferences and favors?”

“Is that fair to the parties concerned?”

"unfair!"

“At the same time, I also want to ask the defendant.”

"Defendant, I would like to ask you to ask the court to consider commuting the sentence as appropriate because you are worried that your sentence is too severe and that staying in it for a long time will have a bad impact on you, or because you have really reflected on it and why you are in it. Do you regret everything you did above the court hearing?”

“What you call a fair judgment is that you don’t look at the evidence and make a judgment according to the legal procedure regulations?!”

“So where is your so-called legal fairness? Is it in your mouth or in your heart?!”

"You are just talking here and pretending to be remorseful in order to reduce your sentence. In fact, you are talking about equality under the law, but trampling the law under your feet!"

“Ask me again, why?!”

“Why should I be given a lighter sentence?!”

“As a violator of the law, why do you demand a lighter sentence?!”

Su Bai turned around and looked firmly at the presiding judge's seat.

“So we believe that the court statements made by the defendant’s attorney ad litem and the defendant’s parties shall not be adopted!”

“We request that the defendant who trampled on the dignity of the law and violated the law be severely sentenced!”

“I believe that the collegial panel’s judgment can give our client a fair statement.”

“Presiding Judge, our court statement has been completed.”

Su Bai finished his statement and the courtroom was very quiet.

The voice of questioning reached everyone’s ears.

There was no sound in the court hearing for a long time, and everyone's attention was focused on Su Bai.

A few seconds after Su Bai finished speaking, Ren Yuandong knocked the gavel.

　　咚咚!

“The courts of all parties have finished their presentations and entered the adjournment stage, and the verdict will be announced an hour later.”

　　　…

Su Bai let out a long sigh of relief when he heard the sound of adjourning the court.

At this time, Guan Tong gave him an approving look and a thumbs up.

Obviously, Guan Tong agrees with Su Bai's words.

Su Bai smiled and nodded in response.

….….

In the collegial court discussion room.

Ren Yuandong and the other two judges looked serious.

Tang Lin suddenly said: "Five years?"

Yin Wenhui rubbed her eyebrows: "It won't be that long. I personally think three years and six months is the best sentence."

“Three years and six months?”

Ren Yuandong spoke in confusion.

“Well! Three years and six months, mainly for this case, as a first-instance case, although we can give a slightly heavier sentence.

However, three years and six months is a sentencing method that takes into account that if this lawsuit has a greater impact... "

“If Qian Wei wants to continue the appeal to the second instance, the most important point is that the second instance court needs to consider whether the sentence is too harsh.”

“Our three years and six months are just right, neither too heavy nor too light. Qian Wei has no new evidence. If he applies for a second instance, his appeal may not be successful.”

"Um!"

"OK!"

“Just do it this way.”

Ren Yuandong nodded and confirmed the verdict. At the same time, he also thought silently in his heart: If Zhang Dahu's trial spreads, it is really likely to have a huge impact.

at the same time.

Ren Yuandong also agreed with Su Bai’s statement that the law is not personal.

….….

Soon, the adjournment ended and the court reconvened.

Ren Yuandong, Tang Lin, and Yin Wenhui stood on the court hearing stage.

　　咚咚!

Ren Yuandong: “The result of the trial will now be announced.”

Clerk: “Everyone stands up and asks the presiding judge to announce the result of the trial!”

At the court hearing, all members stood up.

Looking at the seat of the presiding judge.

Ren Yuandong began to announce the verdict: "The cause of this case:"

“The defendant Qian Wei, as a judge, conducted an unfair trial in Zhang Dahu’s case and was prosecuted for the crime of perverting the law.”

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

“The verdict is announced below:”

“After deliberation and decision by the collegial panel, a public prosecution was launched against the prosecution for the crime of miscarriage of justice.”

“Based on the crime of miscarriage of justice in Article 399 of the Criminal Law:”

“In civil administrative trial activities, deliberately violating the facts and the law and making wrongful judgments.”

“In serious cases, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.”

“If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.”

“Based on the judgment and the evidence submitted, Qian Wei was found to have committed civil and administrative violations of the law.”

“Qian Wei was sentenced to three years and six months in prison.”

“Also, because Qian Wei’s illegal judgment resulted in illegal judgment results and procedures, that is, the Zhang Dahu case that he judged was revoked.”

“As for the defendant’s claims, all claims are rejected!”

“This case is a first-instance judgment. If the party Qian Wei believes that the judgment is contrary to the facts, or there are any problems in the wrong application of the law, he can proceed with the above in accordance with the law or submit it to the relevant department for supervision and review.”

“The judgment will be sent to all parties within ten days.”

　　咚咚!

The gavel fell, and the sound was clear and loud.

“Closed court!”

As soon as Far East’s voice fell, the trial came to an end.

At the defendant's seat, Qian Wei's expression was complicated.

Three years and six months? !

The sentence is so severe!

He will definitely continue to appeal and will not give up until he is given a suspended sentence!

You can even appeal for innocence!

Although he said at the trial that he repented, his actual purpose was to get the court to sentence him to a suspended sentence.

But if the court doesn’t rule that way... then he will definitely continue to appeal!