As a Lawyer, You Sent the Judge In?

Chapter 307: Application for recusal and multiple protests against the presiding judge’s decision

Chapter 307: Application for recusal and multiple protests against the presiding judge’s decision!

Jiang Wei's case was due to the intervention of the Supreme People's Procuratorate.

Pingyuan Provincial High Court has begun the retrial process.

Provincial inspection...

We also conducted a comprehensive investigation into this case and reviewed relevant evidence.

soon.…

The provincial inspection team’s verification work on this case has been completed.

The Provincial High Court notified all parties to participate in the trial and communicated the court date to all parties.

Su Bai felt a lot more relaxed when he received the notification from the Provincial High Court about the court opening time.

He has learned about Jiang Wei's case repeatedly.

As long as the appeal can be successful, the court will then be opened.

There are basically no other issues in this case.

Because whether it is based on evidence, witnesses, confessions or other circumstances.

Like the Supreme People's Procuratorate's reply certification, this case has no objective facts.

It can be proven that Jiang Wei broke into a house, robbed, forced others to have **** and killed them afterwards.

So - as long as the court is held, the relevant matters of the case will be verified.

This case is equivalent to overturning the verdict.

….

Soon...the day of the trial.

In the waiting room.

Su Bai took Li Xuezhen and Jiang Wei and sat together in the waiting room waiting for the court hearing.

Li Xuezhen’s expression was excited.

Jiang Wei seemed a little uneasy.

He has been in jail for so long.

Having been in jail for nearly 13 years.

Finally released from prison, the appeal ran for another year or two, and this time it went to court.

It was not easy for him.

So Jiang Wei was in a very excited mood before entering the court session.

“Lawyer Su...this time the court session...”

Su Bai knew what Jiang Wei wanted to say, so he smiled and said, "Don't worry..."

“I’ve already understood this case, and there’s nothing wrong with it.”

"Um!"

Hearing Su Bai's words, Jiang Wei nodded heavily and felt a lot more relaxed.

Not long after, a staff member walked into the waiting room and said:

“The trial is about to begin, please come with me into the courtroom.”

"OK, thanks."

Su Bai nodded and led Li Xuezhen and Jiang Wei into the court hearing.

After all parties are seated.

After the clerk reads out the court discipline and related matters.

Members of the collegial panel entered the court hearing room and took their seats on the trial bench.

Presiding judge Shen Yao serves as the vice president of the Provincial High Court.

　　After sorting out the materials in front of me, I walked around the court hearing scene.

The Provincial High Court pays more attention to the case that the Supreme People's Procuratorate intervened and retried this time.

So I arranged for her, the vice-president, to appear in court for the trial.

This case...how to put it?

As the vice president of the Provincial High Court, she has also participated in hearing such appeal cases.

This kind of appeal case...

To be honest, she has seen a lot of various situations. This case...

Shen Yao glanced at the prosecutor's seat, stopped thinking, and then banged the gavel.

“Start now to verify the identity of those who appear in court...”

“Now verify the identity of the persons appearing in court for the prosecution.”

At the prosecutor's seat.

In this court hearing, Xu Bo took the initiative to apply to be the prosecutor.

And he and another prosecutor formed the prosecutor of this trial.

Xu Bo glanced in Su Bai's direction, and then said:

“Public prosecutor Xu Bo, public prosecutor Lu Liang.”

Su Bai heard Xu Bo's voice and glanced towards the prosecutor's seat.

Xu Bo?

Isn’t he the prosecutor responsible for prosecuting Jiang Wei more than ten years ago?

Just don’t evade yourself.

But why are you appearing in court again now, and as a public prosecutor?

They are worried that if the case is overturned, they will be held accountable.

Or is it because someone else wants to participate in this trial in person?

But no matter what the reason.

Xu Bo shouldn’t have appeared in this trial as a prosecutor, right? !

Before Su Bai could think about it further, the presiding judge Shen Yao continued to speak:

“Please state the identity of your party, the appealing party.”

"OK."

Su Bai nodded: "Our people appearing in court are Su Bai and Li Xuezhen, lawyers from Nandu Baijun Law Firm."

“Party involved: Jiang Wei.”

"OK."

After both parties stated their respective identities, Shen Yao continued the corresponding process.

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

“This trial was conducted by the Pingyuan Provincial High Court. The members of the collegial panel are presiding judge Shen Yao, judge Li Xiangqian, and judge Ma Da.”

“For the relevant persons involved in this case, do the above persons need to apply for recusal?”

Su Bai looked at the prosecutor's seat.

Xu Bo, who is sitting on the prosecutor's seat, was the prosecutor who tried Jiang Wei's case.

Su Bai heard Jiang Wei describe that Xu Bo was a public prosecutor and prosecutor at the beginning.

　　How can I put it this way? The actions taken in this case are very radical.

Some of the evidence and accusations were brought forward by Xu Bo.

He didn’t know why Xu Bo could still appear in the retrial proceedings.

Because according to the principle of recusal, Xu Bo should voluntarily recuse himself during the retrial procedure!

This kind of non-recusal behavior is intended to make him recusal in court at the trial?

In any case, Xu Bo should recuse himself from this retrial, no matter what the circumstances.

During the presiding judge’s questioning, Su Bai immediately raised his hand:

“Presiding Judge.”

“The appellant applies for the recusal of prosecutor Xu Bo.”

Shen Yao said: "State the reasons."

Su Bai continued: "According to the avoidance rules in the Criminal Procedure Law."

“Those who may be subject to unfair judgments should recuse themselves.”

“Public prosecutor Xu Bo, as a public prosecutor, made relevant determinations on our client’s case 13 years ago.”

“Circumstances have arisen in which we are found guilty.”

"In this case, the prosecutor Xu Bo may have an unfair tendency towards us." "It involves affecting the fairness of this trial."

“Based on this condition, it complies with the principle of recusal, so we apply for the recusal of prosecutor Xu Bo!”

At the prosecutor's seat, Xu Bo looked at the appellant's seat and immediately spoke:

“The public prosecutor’s participation in this trial will not affect the outcome of this judgment.”

“And the public prosecutor has applied to the Director of Public Prosecutions, which meets the requirements for a trial.”

“So there is no avoidance.”

“Based on this point, I refute the recusal request of the appellant’s attorney.”

After Xu Bo finished speaking, his eyes fell on Su Bai.

This case was indeed reviewed by him 13 years ago, when he was still an ordinary prosecutor.

It’s now 13 years ago.…

He has taken the initiative to explain the situation to the prosecutor general and wants to participate in this public prosecution.

Concurred.

In this case, Su Bai made an application for recusal in court.

But.…

Apply for recusal, but do not have to do so.

Su Bai:? ? ?

According to the principle of recusal, if the appellant or defendant has any objection to the judge of the collegial panel, he or she may apply to the collegial panel to recuse himself or herself in court.

It is up to the dean to decide whether to withdraw.

The prosecutor decides whether to recuse himself or herself.

Although Xu Bo’s statement has been approved by the Prosecutor General.

But what is the situation in this case?

In this case, Xu Bo, as a public prosecutor, prosecuted Jiang Wei more than ten years ago, and the recommended sentence was the death penalty.

Now it’s finally time to re-examine...

Xu Bo once again appeared as the prosecutor in this trial.

He said there is no need to avoid it, so there is no need to avoid it?

At the seat of the presiding judge.

Shen Yao's avoidance of Su Bai's application.

And the public prosecutor has obtained the consent of the Prosecutor General and does not need to directly recuse himself. Relevant verifications have been carried out.

Then he spoke: “The appellant believes that the conditions for the prosecutor to recuse himself are—”

“The prosecutor participated in the sentencing of Jiang Wei.”

“This is considered to be a factor that may affect the fair decision of this trial.”

“For this point, the collegial panel believes that it does not constitute a necessary condition that affects the fair judgment of this trial.”

“So this avoidance will be rejected and no further discussion will be allowed.”

"alright.…"

“Now let’s get on with the trial.”

Dong dong dong!

The presiding judge knocked the hammer, glanced at Su Bai's position and said.

? ? ?

What does mean?

What if you’re obviously bullying someone?

Why should it be rejected?

His recusal in the court hearing fully complied with the recusal rules in the Criminal Procedure Law.

Even the collegial panel believes that the appearance of prosecutor Xu Bo will not affect the fair judgment of this trial.

What is the guarantee?

One more point, why didn’t the presiding judge allow further deliberations?

Su Bai raised his hand to indicate that he wanted to ask clearly.

But Shen Yao, as the presiding judge, has always ignored Su Bai's raise of hands.

Continue to speak: "Please state the appellant's lawsuit application."

Su Bai did not state the lawsuit application, but continued to ask about the avoidance principle.

“Presiding judge, I don’t understand why the collegial panel rejected my application for recusal?”

“My application for recusal is a reasonable application made in accordance with the relevant provisions of the Criminal Procedure Law.”

“Presiding judge, what you just stated, Xu Bo’s appearance in court as a prosecutor will not affect the fair judgment of this case.”

"So as the presiding judge, how do you judge that Xu Bo's violation of regulations and his failure to recuse himself will not affect the fairness of the trial?"

“I still stick to my principles and apply for the prosecutor’s recusal!”

Shen Yao’s expression was flat: “The collegial panel cannot answer this question.”

“As for the issue of recusal, the collegial panel has just said that.”

“Whether or not you recuse yourself does not affect the fair judgment…”

“Since recusal does not affect the work decision, why not allow Xu Bo to recusal?”

“The prosecutor did not recuse himself even though he knew he should recuse himself.”

“The appellant here raised issues that should be avoided, and the collegial panel rebutted them.”

“In this case, how can I believe that the collegial panel said that the prosecutor did not recuse himself or affect the fair judgment?”

“I protest!”

“The collegial panel is required to strictly follow the recusal rules in the Criminal Procedure Law.”

“Public prosecutor Xu Bo is requested to recuse himself!”

Dong dong dong.

The gavel struck, and Shen Yao frowned slightly:

“The collegial panel has just answered the request of the attorney entrusted with the appeal.”

“Rejected without further discussion!”

“How to ensure the fairness of the judgment is not a question that the appellant’s lawyer should consider.”

"alright!"

“The trial continues!”

Su Bai retorted: “But the procedures and rules of the court trial were not conducted in accordance with legal procedures.

We cannot accept the trial being conducted against us in this court hearing! "

“I protest again!”

“If the collegial panel thinks that there are any problems with my protest, it can completely expel me from the court!”

“But give corresponding reasons and explanations.”

“President, I still adhere to our principles.”

“If the presiding judge believes that the presence of prosecutor Xu Bo at the trial cannot affect the fair judgment of the trial, then please give a reasonable explanation!”

Su Bai raised his head and looked directly into Shen Yao's eyes.

Applying for recusal has always been rejected...How can he believe that the members of the collegial panel will make a fair judgment?

Let’s talk more…

Xu Bo, as the prosecutor at the time, appeared in the courtroom this time.

Obviously does not comply with the requirements of a court hearing.

If it is because of this matter, let the retrial uphold the judgment of the second instance.

Then all the previous efforts were in vain.

Hence, the court hearing process must comply with relevant process issues.

Applying for recusal is their legal right.

In this case, the collegial panel rejected his application for litigation.

Is it reasonable?

Definitely unreasonable!