As a Lawyer, You Sent the Judge In?

Chapter 321 Rejection of trial? ! Appeal to the Supreme Court!

 Involving cases that are of great importance to the Supreme People’s Procuratorate.…

 Generally, they are major cases, such as public opinion discussions involving criminal acts.

 Perhaps it involves the judgment of an unusual case.

Abnormal case judgments here refer to cases involving unjust, false or wrongful convictions.

For example, in a work report released by the Supreme People's Procuratorate in a certain year, more than a dozen cases in the country were named as the focus of attention.

 Including - "Poisoning Case" and "The Famous Unjust, False and Wrong Case of Being Unjustly Imprisoned for 26 Years"

 "A well-known fruit in Yunnan province violated the regulations and commuted his sentence" and "Involving anti-violent forced death cases", etc.

These cases have certain characteristics in common, that is, they are well-known and have a lot of public opinion.

 Perhaps there are major problems in defining the crime in the case.

  And involves relatively complex crime determination situations.

To put it bluntly... there is only one thing, and that is that court cases, whether they are charges or procedures, have a relatively large impact on society.

 That’s why it gets the attention of the Supreme People’s Procuratorate.

 Let Luo Daxiang speak directly, it may involve a case that the Supreme People's Procuratorate attaches great importance to.

 The complexity of this case is certainly huge!

Su Bai smiled and said: "It involves a case that the Supreme People's Procuratorate attaches great importance to. This case must be quite big!"

“Teacher Luo, where did your case come from?”

Luo Daxiang responded: "Let's talk later. This time I'm coming to Nandu to attend a meeting."

“The meeting is over now, let me go to your law firm to chat.”

 “Okay! Then I’ll wait at the law firm!”

.

 ….

 In the law firm, Luo Daxiang sat on the sofa in the office and chatted with Su Bai about the recent situation.

This is Luo Daxiang’s first time coming to Baijun Law Firm.

 It is inevitable that we will talk about other things.

After a brief chat, Su Bai took the initiative to ask about the case that was of great concern to the Supreme People's Procuratorate.

"Teacher Luo...you said on the phone that this case has attracted the attention of the Supreme People's Procuratorate."

  “What’s going on?”

“Is this case another issue involving the trial party or the prosecutor? Is it an unjust, false or wrongly decided case?”

Luo Daxiang's expression became a little serious when he heard Su Bai mention this case, and he shook his head.

“This case does not involve a conventional miscarriage of justice.”

  “It’s a recent case.”

“The issues involved in the case are a bit complicated. To be precise, there are big problems with the way the case is filed and judged.”

  Are there big problems with the way cases are filed and judged?

  Meaning that in this case, there are problems with the legal interpretation of the crime?

Su Bai heard Luo Daxiang introduce this case, and his curiosity was aroused.

Luo Daxiang continued to speak: "You must have heard of Crime Preparation, right?"

　　　　　　　　　　　　　　　　　　　　　　　　　　ifies.

 Criminal preparation is found in Section 2, Article 22 of the Criminal Law.

 In order to prepare tools for crime, those who make the tools are the preparation for crime.

 For preparatory crimes, the punishment can be reduced or exempted from the punishment compared with the completed crime.

 Criminal preparation and criminal attempt are both the result of failure to complete the crime based on objective facts.

 So, starting from the established criminal charges, a certain criminal penalty is reduced.

In layman’s terms, it probably means that you have not committed a crime yet, but you are planning to commit a crime.

 And the act was carried out in the process of preparing to commit the crime.

This practice is called crime preparation.

 It’s just...

 In criminal cases, criminal preparation is difficult to define.

 In other words, the preparation time for committing a crime is very short, and it is difficult to have a sufficient chain of evidence to prove the suspicion of a crime.

 There are very few cases of this crime being adjudicated in the country.

This crime, in Su Bai's understanding.

 The crime of crime preparation is a crime that aims to reduce criminal behavior before committing a crime and punish criminals.

 For example: two people have a conflict, one party has the idea of ​​​​committing a crime and killing the other party, and takes action in the process.

 During this process, the party about to be harmed discovers the actions of the other party.

 Calling the police in a timely manner and hindering the other party's behavior.

So is it inappropriate to determine intentional homicide in this process?

 Because the person hasn’t taken action yet, how can you determine that the person committed murder intentionally?

 What is intentional homicide? Intentional homicide has objective facts.

Attempted intentional homicide? Attempted intentional homicide also requires the existence of objective facts to be defined as an attempt.

 If you don’t take action, then there is no criminal behavior.

 Based on the fact that there are no objective facts above, is there no way to deal with the person who wants to kill someone?

  It is not.

At this time, you can completely use crime preparation to file a case and convict the party who wants to commit the crime.

This is the legal application scenario of this crime.

 So generally, it does not matter whether the crime is filed, prosecuted, or sentenced under specific circumstances.

It is not easy to advance and carry out.

 “Is this case related to crime preparation?”

"Yes...it is indeed related to crime preparation, and based on what I understand and the first trial that has been completed."

“This case...the sentencing method is intentional homicide based on criminal preparation.”

“The client was sentenced to one year and six months in prison.”

Preparation for the crime of intentional homicide, sentenced to one year and six months in prison?

“What is the specific evidence for sentencing in this process?”

Luo Daxiang said: "The specific evidence for the penalty is based on the client's confession. I want to kill you."

“The public prosecutor and the collegial panel believed that this sentence was potentially threatening and had a subjective intention to kill.”

“So this is the standard for punishment.”

“I know that the specific scene is also important...I have seen the scene in the judgment, and the specific scene is like this..."

　　　….”

  ? ? ?

Su Bai frowned slightly after listening to Luo Daxiang's description.

how to say.…

According to Luo Daxiang’s description, this case completely failed to meet the conditions for criminal preparation.

Then why is he still sentenced to one year and six months in prison for intentional homicide?

  In this case, the scene described is - between a man and a woman, the woman cheated on her and was discovered by the man.

 In this case, if the man blurts out, he will definitely kill the woman in the future.

 But in this case, it was just a word, without actual action.

 The woman reported the crime.

 There is a follow-up situation.

 From the overall situation.

 Whether it is in accordance with legal principles or in accordance with common sense, it does not conform to the logic of the law.

 After Su Bai learned about the case, he immediately decided to take it on.

 And ask Luo Daxiang to notify the relative client and sign an entrustment agreement, so that he can continue with the relevant procedures.

.

 ….

The person who came to contact you about this case was Fang You, the father of the client?

 The client, Fang Rufeng, was sentenced to one year and six months in prison.

 The process of signing the entrustment was very fast and there were no other problems.

 This case was originally introduced by Luo Daxiang.

 So both Fang You and Fang Rufeng accepted the commission from Bai Jun Law Firm.

 After receiving the entrustment.

Su Bai brought relevant materials to the place where the case was filed, a county near Shadu.

Linsha County Detention Center.

 This case is a sentencing case conducted by Linsha County Basic Court.

The client, Fang Rufeng, is currently detained in the Linsha County Detention Center and has not been transferred to prison for the time being.

.

 ….

 In the detention center.

Fang Rufeng described the whole process in detail and kept complaining:

“She cheated on me at the time, and she kept irritating me, saying that I was a loser, that I couldn’t make any money, and that I deserved to be cuckolded.”

 “I definitely can’t bear this!”

 “I just said, I want to kill her!”

"Then a case was filed. I don't even know what happened and why the case was filed..."

“I didn’t do anything, I didn’t do anything, and now I’m being investigated?”

“I was sentenced to one year and six months in prison...I simply cannot accept it.”

“And most importantly, the woman is now filing for divorce.”

“She said I had the tendency to kill her, that I had committed a crime, and asked me to leave the house to compensate for her mental loss.”

“My parents have reconciled with her, and she still wants my parents’ pension. Isn’t this inappropriate for trying to eat up the money my family has worked hard to save all their lives?”

 “Why?”

Su Bai motioned to Fang Rufeng to calm down:

“The judgment in this case is indeed unreasonable, but the first thing we need to do now is to clarify this case.”

 “A good lawyer...”

 Fang Rufeng nodded and calmed down his emotions.

 Following that, Su Bai asked several more key questions.

 When he walked out of the detention center, Su Bai breathed a sigh of relief.

How to talk about this case? I almost understand it.

  Generally speaking...the reason why Luo Daxiang said that this case will receive the attention of the Supreme People's Procuratorate.

 It is because the judgment in this case is very unreasonable.

 The charge is inappropriate.

 The sentence for the crime does not apply to the circumstances of the crime.

 Whether a crime is committed or not depends on the facts.

There are no criminal facts, and the sentence is based on criminal preparation, but it does not meet the circumstances of criminal preparation.

 Based on the above points, the determination of the crime is very unreasonable.

 Then there is.

  If all judgments are made according to this situation.

Perhaps a simple sentence will make people go in and stay.

 Severely enlarged the scope of this crime, which is different from the original intention of formulating this crime.

If this case becomes a big publicity, at least it will have a certain degree of exposure in the legal circle.

Then the Supreme People’s Procuratorate is likely to formulate an understanding and application of this crime.

 Just like Qi Feng’s self-defense case, it was written into the criminal law book.

.

 ….

 The dossier and the verdict Su Bai read the verdict and the dossier when he went to meet with Fang Rufeng.

˜Fang Rufeng’s confession evidence and confession in the judgment—

In the case of Fang Rufeng’s wife cheating, based on common sense, it is very likely that the man will carry out his criminal intention.

 So Zaifang Rufeng blurted out, I want to kill you, this is a subjective condition.

 And in this case, Fang Rufeng has the conditions to commit the crime.

Based on the above, Fang Rufeng was convicted of intentional homicide in accordance with Article 22 of the Criminal Law and sentenced to one year and six months in prison.

 Common sense?

 That’s bullshit!

 The judgment of the first instance obviously had certain problems.

 Su Bai compiled the relevant evidence materials after accepting the entrustment, and the applicable laws vary.

 A request for second instance was submitted to the Shadu Intermediate Court.

 During this period, Su Bai also made a special trip to the detention center to understand the situation.

 And to comfort Fang Rufeng, there are certain problems in the application of the law in this case.

Let him wait patiently for some time. After the intermediate court accepts the case, the case will be overturned.

at the same time.…

Su Bai is also sorting out the litigation materials to be submitted to the second instance and evidence that is beneficial to other parties.

 After everything was ready, Su Bai waited for the court's reply.

 But what we waited for was a rejection reply from the Intermediate Court—

 The Intermediate Court held that the judgment of the first instance court was reasonable, the charge was appropriate, and there were no other circumstances.

 Reject the above request.

  ? ? ?

 Rejected?

Su Bai was stunned for a moment after receiving the reply from the Intermediate Court.

 No...there are no problems with the evidence materials he applied for.

 Generally, the court will reorganize the case.

 In this case, Fang Rufeng was objectively unprepared to commit a crime.

How can criminal preparation be used to sentence Fang Rufeng?

If the verdict is like this, does it mean that just by arresting a person, it can be said that he is prepared to commit a crime?

 Almighty sin? !

The Intermediate Court refused to hear the case, thinking that the first-instance judgment was reasonable, right?

OK! Keep appealing!

If it really doesn’t work, you can still go to the Supreme People’s Procuratorate! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)