As a Lawyer, You Sent the Judge In?

Chapter 200: The verdict! Convicted, dereliction of duty!

 Chapter 200 The verdict! Convicted, dereliction of duty!

 At the court hearing.

 Xie Liang was surprised when faced with the backstabs from Li Wanjia and Xu Botao, and was followed by anger.

But.….

Facing Xie Liang’s anger, Li Wanjia and Xu Botao looked calm and looked directly at the seat of the presiding judge.

Song Yuanhui briefly compiled the statements of Li Wanjia and Xu Botao.

 Continue to speak: "The defendant Xie Liang."

“Do you have any objection to the statements made by Li Wanjia and Xu Botao?”

 Facing this problem.

 Xie Liang was silent for two seconds.

 Objection?

 What Li Wanjia and Xu Botao said are facts, and the situation at that time was not much different from what Li Wanjia said.

 What objection could he have?

 In other words, he did not dare to talk nonsense in the courtroom.

 Shaked his head, Xie Liang said: "Presiding judge, I have no objection." ’

  咚咚!

“The defendant and his party have no objection.”

 “Then next, I will ask you a few questions and ask you to answer them truthfully.”

 “A good judge.”

Hearing Xie Liang’s description, Song Yuanhui continued:

 “According to Li Wanjia’s statement.”

“At that time, you, Li Wanjia, and Xu Botao went to Chen Bin’s house to resolve the dispute.”

“During the handling of the case, the Li Wanjia suggested that Li Fei and a dozen other people, as adult males, might cause potential harm to Chen Bin and his mother. Why didn’t you listen?”

"I"

“President, I have already answered this question.”

“The situation at the time was that the conflict between Li Fei and others and Chen Bin and his mother He Lijuan was just an ordinary dispute case, and I didn’t think about it at all.”

.

 ….

“So did you think you had resolved the dispute?”

 At this time, Su Bai raised his hand to supplement.

Su Bai’s addition to this question received Song Yuanhui’s tacit approval.

Facing Su Bai’s sudden question, Xie Liang was stunned for a moment before speaking slowly:

“At that time, Li Fei and others verbally agreed not to continue to harass Chen Bin and He Lijuan. Of course, this dispute case was resolved!”

Su Bai continued to ask:

“Then why did you stop the Li Wan family from recording that Li Fei and others had entered Chen Bin’s house?”

“Your words at the time were:

This is just an ordinary dispute. If it is recorded, it will become a criminal case. What is the purpose of this sentence? "

 Faced with a series of questions.

 Xie Liang didn’t know how to answer at this time.

 Instead, he turned his attention to Li Wanjia and Xu Botao. If it weren't for the backstabbing of the two of them, he would not be facing such pressing pressure now.

but.…

 The current situation is that the facts have already happened, and we still need to deal with the current affairs first.

 After being silent for nearly half a minute, Xie Liang replied:

  “My idea at the time when I said this was very simple…”

“When we handle some dispute cases, we often encounter people who are unreasonable or talk nonsense.”

“In this case, you must determine what is going on at the scene.”

“What if Chen Bin is talking nonsense, then wouldn’t we have been wronged by Li Fei and others?”

.

 …

Su Bai:? ? ?

 This is because he doesn’t know the rules, right?

 A record is a record.

 The on-site records are only used as a basis for subsequent judgment.

 Failure to record is itself an offense.

 Xie Liang must be very clear about this.

 So when making a statement, try your best to distance yourself from the relationship.

Facing Xie Liang’s answer, Su Bai did not continue to ask further questions.

Xie Liang breathed a sigh of relief... He thought his statement had passed the test.

 But at this time...

 On the bench, the presiding judge banged the gavel.

  咚咚!

“Defendant Xie Liang, is it true that you asked Li Wanjia not to record Chen Bin’s oral statement?”

“President...this matter is true, but there is a reason why I did it.”

“I would like to explain the reasons in detail and ask the presiding judge for permission.”

Facing the request, Song Yuanhui spoke:

“The collegial panel has already understood what the defendant Xie Liang said, and the reasons stated will not affect the judgment of the trial, so it refuses to state it.”

Xie Liang's heart skipped a beat when he heard that Song Yuanhui refused to allow him to make a statement.

 At the same time, the presiding judge sat down after rejecting Xie Liang’s request.

 Song Yuanhui has made a certain decision in his mind regarding the judgment of this case.

but….

 Some matters need to be further determined.…

Song Yuanhui spoke slowly: "Defendant, can you describe your general state of mind at that time?"

“It’s the psychology of the whole process, why do you behave inconsistently with your normal cognition.”

Xie Liang was a little confused about the presiding judge’s question.

 He didn’t know the significance of the presiding judge’s question…

So he turned to look at his client lawyer, Jiang Donglin.

 Jiang Donglin:.….

Noticing Xie Liang’s gaze, Jiang Donglin remained silent.

Originally, he thought that this trial was only difficult to a certain extent and that Xie Liang would not be found guilty of dereliction of duty.

  But looking at it now….

It is certain that Xie Liang was derelict in his duties, and may also be involved in some other crimes.

  Judging from the statements of Li Wanjia and Xu Botao.

 Xie Liang obviously had selfish motives in resolving Chen Bin's dispute.

 At present, there is sufficient indirect evidence and a chain of evidence has been formed.

Even if he had eight mouths, he couldn't help Xie Liang escape the crime.

So faced with Xie Liang’s request for help, Jiang Donglin was unable to help.

  咚咚!

“The defendant, Xie Liang, is invited to make a statement.”

Song Yuanhui did not give Xie Liang much chance on the court hearing stage and spoke seriously again.

Xie Liang took a deep breath and spoke slowly: "Presiding Judge."

“Actually, I didn’t have much thought at the time. I just wanted to solve the case as quickly as possible. Maybe I overlooked some other circumstances.”

 “But I take my work very seriously.”

“I really didn’t expect any other unexpected situations at the time. I just thought it was an ordinary debt dispute.”

“We can’t intervene in debt disputes, so we can only mediate.”

 “This is my general psychology.”

Song Yuanhui: "Have you ever thought about other unexpected situations that might occur at that time?"

"No.…"

After asking the last question, Song Yuanhui briefly sorted out the litigation defense materials currently available and the statements of all parties.

  Confirmation completed.

Looking around the court hearing scene, he spoke seriously:

“Does the parties have any objections to the above responses?”

 The above reply.

  It is obtained based on the evidence available to the parties in court.

  Neither the prosecution, prosecution nor defense lawyers had any objections.

At the trial table, Song Yuanhui heard that there were no objections from all parties and banged the gavel.

“As for the specific issues in this case, the collegial panel has already understood it.”

 “Let’s start making court statements.”

 Court statement.…

Su Bai smiled slightly after hearing Song Yuanhui's words.

The court brief is the final stage of the court hearing.

 The presiding judge requires a court statement.

 That means that the final plea for the crime must be made and the verdict will be announced immediately.

The verdict of this trial is obvious.

 Based on the current court hearing situation.

 Indirect evidence has pointed to Xie Liang indeed being guilty of dereliction of duty.

Plus.

 The statements and accusations made by Li Wanjia and Xu Botao.

ˆ It was further confirmed that Xie Liang had violated many rules, deliberately ignored and violated the law.

  Xie Liang will definitely not be able to escape if he is found guilty of dereliction of duty!

Jiang Donglin sighed slightly after hearing the presiding judge's request for a court statement.

 But he didn’t say anything.

.

 ….

At the trial table, Song Yuanhui continued: "Now let the prosecutor make a court statement."

 “A good judge.”

Wang Jin nodded and began to prepare a statement.

 For this case.

 All indirect evidence has pointed out Xie Liang's dereliction of duty.

 Xie Liang’s subjectivity has been proven by the oral confessions of two colleagues, Li Wanjia and Xu Botao, and related facts.

 So in the last part of the court statement, the prosecutor's statement is very simple.

  It only takes a brief analysis of the three people’s sentences.

 Clear your thoughts.

Wang Jin spoke slowly: "Presiding judge, the prosecutor's statement is as follows:"

“The prosecutor believes that in this case, Xie Liang, as the main case handler, did not listen to the opinions of his colleagues. He could clearly foresee that there might be serious consequences in the follow-up, but he ignored it.”

  “And with a certain degree of intentionality.”

“So the prosecutor believes that Xie Liang should bear the main responsibility in this case.”

 “Recommended sentence: two years in prison.”

“And the other two parties in this case are Li Wanjia and Xu Botao.”

“The two of them had foreseen the possible serious consequences of this case and had given corresponding reminders, but they were not adopted by Xie Liang.”

“The prosecutor believes that based on their subjectivity, the two people should be punished leniently.”

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

.

 ….

  咚咚!

“The prosecution has completed its statement. Now let’s invite the defendant’s attorney or litigant to make a statement in court.”

 “A good judge.”

Facing the final court statement, Jiang Donglin knew that it was certain that Xie Liang would be found guilty.

 Hence, the statement still needs to be made from the perspective of sentence reduction.

Jiang Donglin took a deep breath and continued: "The presiding judge."

“Our court states as follows:”

“In this case, the defendant Xie Liang adhered to the concept of maintaining his duties when handling the dispute between Chen Bin, Li Fei and others.”

“However, it may be due to the nature of the work and working years, and the certain conservative concepts resulting from making judgments based on one’s own experience, and made corresponding wrong judgments, which led to greater consequences in the future.”

“In such a situation, Xie Liang may have had some negligence, but this negligence is not considered serious.”

"also."

“During this process, Xie Liang did carry out serious criticism and education on Li Fei and others.”

  “Mediated by relevance.”

“So we believe that Xie Liang’s negligent behavior should be punished lightly or reduced.”

“I hope that the presiding judge can take into account the nature of Xie Liang’s work and the specific circumstances at the time to make a judgment.”

“Presiding judge, we have finished our statement.”

Jiang Donglin’s statement was entirely made from two aspects: penalty reduction and mitigation.

 To put it bluntly, it means escaping responsibility.

 After listening to the defendant's statement, Song Yuanhui looked at Su Bai again.

 “Now let the prosecution make its statement.”

Facing the words of the presiding judge, Su Bai nodded: "Okay, presiding judge."

“We believe that Xie Liang’s work attitude is completely improper and constitutes serious dereliction of duty.”

 “In the case of Chen Bin.”

“Chen Bin’s defensive behavior resulted in two deaths, three serious injuries, and minor injuries to many others.”

 “This is the consequence.”

“But at the same time, there is another hypothesis.”

 “Think about it differently.”

“If the court does not determine that Chen Bin acted defensively, it will be proven based on the recommended sentence and other materials submitted by the prosecutor.”

“There is a certain possibility that Chen Bin will be sentenced to death.”

“Chen Bin was really sentenced to death, which would be a major trauma to the judiciary and legal justice.”

 “The consequences will be unpredictable.”

 “And what is the premise for such a big consequence?”

“The premise is just a small dereliction of duty, just a casual neglect?”

"Xie Liang's own behavior does not represent himself. Because of his reasons, such serious consequences have been caused. We believe that the sentence should be stern and severe."

“This is not just a judgment for legal justice, but also a judgment for procedural justice.”

“Our point of view is to ask the court to consider the serious consequences of Xie Liang’s behavior.”

“Presiding judge, we have finished our statement.”

  咚咚!

 The presentations of the three parties have been completed, after listening to the statements of all parties.

Song Yuanhui silently made a simple summary in his heart.

 Then he turned to look at Meng Hao, noticing that Meng Hao nodded slightly and banged the gavel.

“The parties have completed their presentations in court and are now adjourning!”

 “After the court session, announce the verdict!”

  咚咚!

 The gavel was struck, and the court entered the adjournment stage.

 As the members of the collegial panel left the court hearing stage, Xie Liang's face looked very ugly in the court hearing.

 As for the defendants, Li Wanjia and Xu Botao looked calm.

 The happiest person was Li Xuezhen, with an excited face and silently thinking: ++++.

 ….….

 In the collegial court discussion room.

Song Yuanhui looked at Meng Hao and Qi Yu: "There is no problem in convicting Xie Liang for dereliction of duty."

“The indirect evidence is enough to form a chain of evidence. Regarding the sentence, do you two have anything to say?”

Meng Hao said: "As for the prison term, let's follow what the prosecutor said. I think a two-year prison sentence is more appropriate."

“However, it is only the charge of dereliction of duty. In the future, I suspect that the prosecution may want to add other charges.”

"But...this has nothing to do with our trial."

“What about the sentences of Li Wanjia and Xu Botao?”

Song Yuanhui asked again.

Meng Hao replied: "According to the evidence provided by the prosecution and the confessions of the two people, neither of them is qualified as derelict in their duties..."

“Well! But these two people are involved in administrative penalties, so let’s leave this to the law enforcement department!”

"OK!"

While Song Yuanhui and Meng Hao were discussing, Qi Yu didn't say much.

soon.…

 The adjournment is over.

 Amid the re-opening of the court by the clerk, the members of the collegial panel once again walked onto the bench.

  咚咚!

Song Yuanhui knocked the hammer and spoke again:

 “The adjournment is over.”

 “Now let’s announce the results of the court trial!”

 Everyone stood up, waiting for Song Yuanhui to announce the verdict.

 Song Yuanhui began to read:

“After research and decision by the collegial panel, the current verdict is as follows:”

“In response to the prosecution’s accusation that Xie Liang neglected his duties as a functional employee, the court found that the facts were established.”

 “The reasons are as follows:”

“According to the conditions for dereliction of duty in the crime of dereliction of duty:”

“First, subjectively, it was due to oneself being overconfident or able to foresee but not foreseeing, which resulted in major consequences.”

 “Two: caused major consequences.”

“Based on these two conditions, the relevant indirect evidence submitted by the prosecutor, and the direct confessions of the defendants Li Wanjia and Xu Botao.”

“It proves that Xie Liang was able to foresee under the circumstances that there may be major consequences in the follow-up.”

 “Being able to foresee but not foreseeing, overconfident.”

  “And caused subsequent serious and major consequences.”

 “Xie Liang’s crime of dereliction of duty, the conditions are constituted.”

“It is hereby ruled that Xie Liang neglected his duties and failed to fulfill his responsibilities, causing heavy losses to the interests of the people.”

“Xie Liang is sentenced to two years in prison!”

.

 ….….

“Aimed at the defendant parties Li Wanjia and Xu Botao.”

“The court believes that in this case, Li Wanjia and Xu Botao acted foreseeably, and provided corresponding reminders to Xie Liang, the main case handler.”

“And pointed out Xie Liang’s violations during the court hearing and did not conceal them.”

“It is hereby ruled that Li Wanjia and Xu Botao are not guilty of dereliction of duty.”

   ….”

 After the verdict of dereliction of duty has been pronounced.

Song Yuanhui also sentenced those debt collectors for illegally invading homes.

This time at the trial, there was no discussion of the crime of illegal home invasion by debt collectors.

 This is because the debt collectors have already admitted their guilt and accepted punishment, and only need to give a rough sentence.

The sentences imposed as an accessory are relatively short, with most being fixed-term imprisonment ranging from three months to six months.

 Severe cases involving destruction of property are punishable by imprisonment ranging from six months to one year and six months.

 After stating the corresponding verdict, Song Yuanhui banged the gavel.

 The court is closed!

  咚咚!

 The dull sound of the hammer echoed in the court hearing.

 The dull sound not only appeared in the court hearing, but also echoed in Xie Liang's heart.

Xie Liang looked straight at the judgment seat and asked loudly:

 “Presiding judge...I do not obey the judgment!”

“I, Li Wanjia and Xu Botao participated in resolving the dispute together. Why is it that only I was sentenced and not them?”

 “I seriously doubt there is something going on here!”

Xie Liang himself was confused as to why Li Wanjia and Xu Botao stabbed him in the back.

Now that I heard the results of the trial, I couldn't help but wonder if there was something wrong with it.

 Facing Xie Liang’s questioning.

Song Yuanhui said calmly: "It is your right to question."

 “If you have any questions, please submit them to the relevant departments.”

After finishing his words, Song Yuanhui left the court seat.

 PS: Please give me a monthly ticket~

 (End of this chapter)

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