As a Lawyer, You Sent the Judge In?

Chapter 311: Even if the Supreme People's Procuratorate intervenes? Xiao Li: Send it in

Chapter 311 Even if the Supreme People’s Procuratorate intervenes? Xiao Li: Send it in!

The adjournment is over.

At the trial court, all parties took their seats again.

Xu Bo, who is sitting on the prosecutor's seat, will overturn the verdict in this case.

His insistence is not to overturn the verdict.

Stick to one point to make a statement.

That's this case, because it's so long ago.

Moreover, Jiang Wei could not rule out his own suspicion, so he extended the trial time and refused to reverse the case.

but.…

Xu Bo also didn’t know the collegial panel’s views on this case.

So we can only continue to delay this court hearing.

Xu Bo’s eyes fell on the judgment seat.

At this time, Shen Yao, as the presiding judge, was sorting out the relevant opinions of several members of the collegial panel.

After finishing the arrangement, bang the gavel.

　　咚咚!

“The trial continues.”

“Regarding this case, the collegial panel conducted a general discussion on the relevant content of the case.”

“The result of the discussion is that there is no evidence to prove that Jiang Wei committed a crime.”

“There are no objective facts and objective evidence that Jiang Wei committed a home invasion and robbery and subsequent crimes.”

Jiang Wei doesn't understand the law, but since the presiding judge said it, there is no evidence to prove that he committed a crime.

He also knew in his heart that the verdict was about to be overturned!

So I couldn’t help but feel happy.

But the presiding judge continued to state: "At the same time."

“From the perspective of prosecution, there is no objective evidence or factual basis.”

“To prove that Jiang Wei has not committed any crime.”

“In the case of witness statements and illegal evidence stated by the above-mentioned parties.”

“The testimony of the witness who rejected the statement can only express that there is no direct evidence to prove that Jiang Wei has committed a crime.”

“From another perspective, illegal evidence is a case of counterfeiting and forgery and has nothing to do with whether Jiang Wei has committed a crime.”

“So we have an understanding of the situation stated by the appellant and the relevant facts.”

“The collegial panel is concerned about the above two points stated by the appellant.”

“It is believed that the possibility of Jiang Wei’s crime cannot be ruled out.”

“Based on the above determination of the collegial panel, it is believed that there are relatively many possibilities in this case.”

“Therefore, the criminal suspect involved in this case, Jiang Wei, is proposed to be found not guilty.”

“Without judgment for the time being.”

“This case has been adjourned.”

　　　….”

　　咚咚!

The gavel fell, which was particularly harsh in the court hearing.

From Shen Yao's point of view, there is really no way to prove Jiang Wei's guilt in this trial.

But from another perspective.

It can also be determined that there is no way to prove Jiang Wei's innocence.

She cannot convict Jiang Wei, and of course she does not have to convict Jiang Wei.

So we came up with a compromise solution—postponing the trial.

Let the prosecutor add evidence, or let the appellant add exculpatory evidence himself.

In this way, there is no problem with her judgment.

Failing to make a judgment on the spot and requesting a postponement of the trial do not fall within the scope of a wrongful judgment.

It just needs to be postponed for some time.

This is what Shen Yao means when she says, "Let's see again."

When Shen Yao decided to postpone the trial, Li Xiangqian sighed secretly.

This case can indeed be postponed.

But it’s totally unnecessary.…

However, since the presiding judge has already made his choice at the trial, he will make the decision this way.

Then it’s hard for him to say much...

In terms of applying for recusal, he did agree with Shen Yao that there was no need for recusal in this trial.

But this judgment...

“Forget it…there’s no big problem with this judgment.”

Li Xiangqian thought silently in his heart.

…

Xu Bo was relieved at the presiding judge's decision.

But to Su Bai, this judgment is bullshit!

What does it mean that neither guilt nor innocence can be proven, so the trial must be postponed?

It is indeed reasonable to be skeptical!

There is no problem with this.

In this case, Jiang Wei could not produce evidence to prove his innocence.

This is the basic situation.

It was also because of this situation that he was sentenced to life imprisonment.

but.…

Because of this situation, he was sentenced to life imprisonment in the first instance and the second instance. It was very unjust.

What Su Bai didn't expect was that while the case was being reversed, the collegial panel would bring up the matter again!

Say something that cannot prove innocence...and then ask for an adjournment of the trial.

? ? ?

Go to hell!

According to the Criminal Procedure Law, if there is only suspicion but no definite evidence, then the person is not guilty.

It is very unreasonable for you to ask the parties to prove their innocence or guilt.

also.

There are conditions for adjourning the trial.

For example: parties who must participate in the court hearing or other litigants who are unable to be present may apply to postpone the hearing.

Or, the party concerned or the entrusted lawyer may apply for recusal on a temporary basis.

Third: It is necessary to notify new witnesses to appear in court, obtain new evidence, and conduct supplementary investigations.

….

The above are the statutory circumstances for general postponement of court hearings.

But why does this case need to be postponed?

This case was retried and re-litigated, and 13 years have passed.…

Relevant evidence that can be supplemented has already been added.

Why should the trial continue to be postponed?

Isn’t this delaying time? Can adding new evidence add up to other possibilities for this case?

Basically impossible.

Faced with the presiding judge's postponement of the trial, Su Bai directly raised his hand.

“Presiding Judge.…”

“We would like to ask the presiding judge about the reasons for adjourning this trial.”

“The reason given by the presiding judge is that we cannot prove our innocence.”

“However, this trial is a retrial, and it still applies to the statutory situation of innocence beyond doubt.”

“Can it be said that in this trial, the prosecutor can produce any other strong evidence.”

“Or is it necessary to add other strong evidence to make a strong accusation against our client?”

“President, our client used illegal evidence and witness testimony that was insufficient to form direct evidence in the first and second instance judgments.”

“These two points are the main evidence and important components in the chain of evidence to convict our client.”

“In this retrial, it has been proven that these two kinds of evidence have no objective facts and are illegal evidence.”

“In this case, there is no conclusive evidence to accuse us of guilt, and we should be found not guilty.”

“But why did the presiding judge use these two pieces of evidence—not to convict us, but also not to convict us—to ask for an adjournment of the trial?”

“This method of judgment is very unreasonable!”

“We believe that this judgment should be rejected and we should be found not guilty.”

Facing Su Bai’s gesture and statement, Shen Yao frowned slightly on the trial stand.

But he ignored the relevant opinions stated by Su Bai.

Slightly raised his head from his lowered head to look at Su Bai:

“The decision to postpone the trial is made by the collegial panel.”

“Please hire a lawyer from the above-mentioned parties and respect the decision of the collegial panel.”

“The collegial panel made its determination in accordance with the law and there were no violations.”

“Belongs to a legal judgment.”

“Based on this point, the opinion of the lawyer appointed by the appellant is rejected.”

Finished.

Shen Yao looked around the court and asked:

“Do the parties to the trial have any other opinions?”

"If there are no other opinions, then the trial will end first and wait for the court to notify the parties of the time for another hearing."

Su Bai:? ? ?

Do you have any other opinions? How did you get this question out of your mouth?

You must have opinions!

You keep adjourning the trial and cannot give Jiang Wei time to accurately reverse the case.

If the trial continues to be postponed.

Then this case is likely to continue to be delayed for 1 to 2 years.

Two years.…

The cucumber vegetables will be cold by then!

Su Bai raised his hand again: "I protest against this trial."

“Because according to legal provisions, we believe that this trial does not meet the conditions for adjourning the trial.”

“This trial...whether it is from a legal point of view, or from an objective factual point of view.”

“We should be acquitted, and we will not accept the decision to postpone the trial.”

In response to Su Bai’s protest, Shen Yao said:

“The collegial panel in this case has made relevant judgments.”

“As for the appellant’s protest...dismissed!”

Dong dong dong!

The gavel fell, and Shen Yao did not give Su Bai any chance.

“The court is now closed.”

After finishing speaking, he said to the cameraman of the live broadcast of the trial: "The court has been closed. The live broadcast of the court trial can be turned off now."

Immediately afterwards, after packing up the relevant litigation materials, he took the other two members of the collegial panel and prepared to leave the trial bench.

Su Bai caught up and said, "Presiding judge, I think it is very unreasonable to postpone the trial."

"This case has been decided. No matter whether it is postponed or not, this case cannot prove our criminal facts."

“Why is there still a postponement of the trial when there are no criminal facts?”

Shen Yao is not very tall, so when Su Bai chased her over for questioning.

Shen Yao raised her head slightly and looked at Su Bai.

“The collegial panel of this case has requested an adjournment of the trial.”

"The court is closed now. You and I have said so much, but it has no effect. Do you understand?"

“Besides, if your client is not guilty, even if the trial is postponed, so what if it takes some time?”

Su Bai:.…

Looking at Shen Yao's impatient expression, Su Bai didn't know what to say for a moment.

How could she say these words so confidently?

But Su Bai still wants to fight for it one more time:

“But the Supreme People’s Procuratorate has already intervened in this case.”

“As for the postponement of the trial, I would like to ask, when will the presiding judge next hold court?”

“If the Supreme People’s Procuratorate intervenes, then relevant procedures need to be followed. We cannot say that the Supreme People’s Procuratorate intervenes and we should acquit the case.”

“Waiting for notice when the next court session will be held!”

“Okay, don’t talk about the rest, go back and wait for the notification!”

Shen Yao finished speaking impatiently and then left the courtroom.

Looking at the figures of the presiding judge and the other two members of the collegial panel walking away.

Li Xuezhen stood aside and asked in a low voice:

"Lawyer Su...I have found the department that reported the report..."

“What does this mean that there is an obvious preference for the prosecutor... If it weren’t for the open trial, there would be the intervention of the Supreme People’s Procuratorate..."

“I always feel that this verdict is likely to continue to convict Jiang Wei.”

　　　….”

“Let’s go...Lawyer Su.”

Li Xuezhen spoke from the side.

Su Bai also sighed deeply. He did not expect that the final result of this case would be like this.

Delay the trial?

Why should the trial be postponed when the judgment can be made on the spot?

He did not understand the reason why the presiding judge did this.

But obviously, this is not a good thing for his client Jiang Wei.

The inability to overturn the verdict means that the grievances committed cannot be cleared away.

The presiding judge did not give a specific time for the postponement of the trial. Is it going to be delayed forever?

Definitely impossible.