As a Lawyer, You Sent the Judge In?

Chapter 322 Filed a complaint, High Court: Accepted! transfer jurisdiction

 The request for second instance review was directly rejected by the Intermediate People’s Court.

How to say this?

 To be honest, it’s very unreasonable.

 The conditions for applying for an appeal are that there is a new factual basis or the judgment is deemed to be unreasonable due to legal interpretation.

 The case this time was weak in terms of evidence, so Su Bai did not submit any new evidence.

 Apply for appeal only on the grounds that the law does not apply and the right to interpret the law is insufficient.

This appeal.

 To be honest, it is easy to create a situation, what situation?

 That is, the court of second instance believes that the legal interpretation you proposed is unreasonable and incorrect.

What's the meaning?

  It means that the Intermediate People’s Court believes that the basic court’s judgment does not have any problems in the application of law.

 It is not enough to overturn the first-instance judgment or to make other changes to the judgment.

 The request for appeal was then rejected.

 To put it bluntly, the second-instance court stands from the perspective of the first-instance court.

 It says that your appeal has insufficient grounds and is therefore rejected.

 Is there any solution to this situation?

If you are the victim, you can file a protest.

 However, the defendant, after the appeal is rejected, can only submit another application for retrial.

But then again.

This kind of request to refuse an appeal is very common, such as in the case of Lala.

The lawyer refused to obey the first-instance judgment and made an appeal request, which was rejected by the court.

 If the appeal is rejected, it will be rejected at the second instance.

At this time, it is necessary to file a retrial, which can be filed with a higher court.

but.…

What should I say about this case? It is obviously not very reasonable to be rejected.

 Why was it rejected?

Say it a hundred times, the court still thinks that this case is not enough to attract attention.

  In other words, we agree with the view of the first instance court.

 So the request for application was directly rejected.

“We must also use public opinion to supervise the judiciary...”

Su Bai recited silently.

This kind of case is generally stipulated in the procedural flow.

 It is difficult to continue to appeal.

 Especially for various issues related to the process or other appeal conditions, the process can take half a year.

 half a year’s time.…

 Honestly, it’s too long and I can’t wait!

Not to mention that the total sentence was only one and a half years.

 In accordance with the relevant provisions of the Criminal Procedure Law.

 The judgment shall continue to be enforced during the period of application for appeal or retrial.

  In other words, during the period of appeal, Fang Rufeng still needs to go to jail.

 Furthermore, according to Fang Rufeng's description, the person in his family is suing for divorce.

In this case, if in the divorce lawsuit, the court really took into account Fang Rufeng’s criminal facts.

 Based on caring for the injured party, the division of common property may be more favorable to the other party.

 So Fang Wufeng’s second-instance reversal of the verdict… definitely cannot wait for half a year and needs to be supervised by public opinion.

 Public opinion...

Su Bai invited Li Xuezhen:

“Xuezhen...the court of second instance in this case rejected our appeal request.”

“It takes a certain amount of time to apply for retrial, and the client can’t wait, so it needs public attention. Do you understand?”

Li Xuezhen’s face was full of smiles: “Lawyer Su, I understand!”

 “I’m going to make a call now!”

“Oh, by the way…Since I contacted a lot of media last time, our law firm has got a bunch of more media business cards…”

 “Do you need to contact me one by one?”

“Let’s get in touch. The more people we contact, the more people we will expand and the louder the voice of public opinion will be.”

 “The more help it will give to this case.”

Hearing Su Bai's answer, Li Xuezhen nodded and walked out of the office.

.

 ….

On the other side, after making calls to major media outlets, Li Xuezhen patted her chest and took a long breath.

　　Immediately afterwards, I edited a piece of copy with eyes shining.

 Published the details of the case on the law firm’s short video account.

 Because in recent times, the cases published by Baijun Law Firm in short videos are very representative.

 So every time Baijun Law Firm publishes case information, it attracts the attention of many people.

Of course, not every case has to be posted to a short video account to arouse public opinion.

Like some general cases, as long as there are court procedures and procedures, there are no major problems.

 Things that do not require public opinion to supervise the judiciary will not be published on short videos.

  After all...how to put it?

If all cases are posted on short videos, it will be a huge waste of social and judicial resources.

 This is not in line with Su Bai’s original idea.

 What is public opinion used for?

 Public opinion is used to supervise judicial administration.

 Select some classic cases with procedural problems or judgment issues.…

 Then, public opinion will become the driving force to promote the construction of the rule of law.

 The former and the latter are completely different states.

.

 ….

 Soon, Li Xuezhen made a phone call to inform all media outlets of the authenticity of the case and sent relevant emails.

Major media outlets began to publish information about this case one after another.

to be honest.…

Some and many media like to pay attention to Su Bai's case.

 First of all, Su Baida’s cases are particularly topical.

 Secondly, Su Bai personally has a certain influence on the Internet.

This will have a great role in promoting their media to complete the assessment goals!

Soon, a hot topic appeared on the Internet -

 《To judge or not to judge? Is crime preparation a double-edged sword?

 This title was specially posted by Su Bai after he contacted the cooperative media in Nandu.

 The titles given by other media are messy.

However, overall, this media in Nandu is the most topical.

 Below the comments is a brief introduction from the media, a brief analysis of the case, and a final question—

“Crime preparation is a penalty provision for preparatory offenders, but in Fang Rufeng’s case.”

"There are no objective facts in the preparation of the crime. Is it reasonable for the trial court to completely treat it as a "double-edged sword"?"

There are also many comments below:

“Why does the sentence for this crime seem to be similar to provoking trouble? Is the law now beginning to be all-powerful?”

“I don’t know if it is universal flow, but I can see that this judgment is very unreasonable.”

“If it wasn’t posted by Bai Jun Law Firm, I would even suspect it was a rumor! Because it’s so outrageous!”

“They say the novel is outrageous...but how can the reality be even more outrageous?”

“I don’t know why, it’s a blockbuster. Which court heard this case?

 Judging from the current situation, this case will probably make the court famous! "

“Forget it, I’ll just go ahead and wait for the follow-up. I hope to see the results of this follow-up!”

  “.….”     There is constant public opinion on the Internet.

 In addition, Su Bai filed another complaint when Li Xuezhen contacted the media.

It’s just that the key points of the appeal submitted this time are different from those submitted last time.

The last time Su Bai submitted it was that the law did not apply.

 This time, an additional article was added that no objective facts and evidence can prove that Fang Rufeng was prepared to commit a crime.

After submitting the request for retrial, Su Bai waited for public opinion and whether the retrial result would be accepted.

.

 ….

After this topic hit the public opinion, the Saduak High Court quickly noticed the case’s submission for retrial and approved the case.

It is believed that there were indeed issues of relevance in the first-instance judgment of this case.

 Meet the criteria for reexamination.

  Immediately afterwards, the case was transferred to the Shadu Intermediate Court and requested for a retrial.

 The appeal request shall not be dismissed.

.

 ….

at the same time.

Linsha County, in a certain community, a beautifully dressed woman about 30 years old was talking on the phone to someone unknown.

"What?"

“That guy Fang Rufeng filed a complaint? Lawyer Xu, didn’t you say before that the Intermediate Court rejected his appeal?”

 “Why was the appeal suddenly successful again?”

“Will the case be overturned if the appeal is successful? If the case is overturned, will my marriage be inseparable?”

“The High Court designated the Intermediate Court to have jurisdiction over the trial, and the Intermediate Court must conduct the trial, otherwise it will be unjustifiable.”

 At the other end of the phone, a female voice came over: "But don't worry..."

“I am following this case, you are my client, and I have also talked with the prosecutor of this case... There is no big problem with the criminal preparation.”

“And it’s just an appeal and a retrial process. In the end, the judgment may not necessarily lead to victory.”

“Don’t worry, don’t worry, we will just appear in court normally as we did in the first trial.”

"Oh, yes... Regarding the above-mentioned divorce, if your evidence is ready, you can appeal now."

“After we complete the retrial of Fang Rufeng’s criminal preparations, the divorce case here can also be heard.”

 “You will be freed then!”

Xie Tingting heard the voice on the other side reply: "Yes, it's considered a relief!"

“Thank you, Lawyer Xu, for coming here to inform me.”

Xu Xia smiled and said: "Notifying you is a normal procedure. When the court starts, I will notify you again. You can just come here normally."

"okay!"

　　　….”

Hang up the phone, Xie Tingting took a deep breath and turned to look at the man beside her.

"After Fang Rufeng is found guilty, I will file for divorce and we can be together."

"happy?"

 The man smiled and hugged Xie Tingting: "Happy..."

“But you are divorced, and you still have joint property in this house. Did your lawyer tell you how much you can divide?”

 “Why, you only care about my property?”

 The man apologized and smiled: "Of course not... I just want to be with you."

"But what I'm curious about is, how did you get your husband in?"

“It stands to reason that the court hearing process should be quite complicated, right?”

Xie Tingting smiled and said, "You don't have to worry about how I got him in, as long as we can be together in the future."

 The man smiled and nodded.

.

 ….

 In addition...since the Provincial High Court took notice of the case, it was transferred to the Intermediate People's Court for hearing.

Su Bai did not continue to pay attention.

 As long as the case is reversed through normal court proceedings, it will be fine.

.

 ….

 Due to the public opinion in the society and the designated jurisdiction of the High Court, the case was decided.

Shadu Intermediate People’s Court accepted Fang Rufeng’s case.

but.…

 In the First Criminal Division of the Intermediate People's Court, Lin Fengru, as a criminal judge.

  She frowned slightly when the court appointed her as the presiding judge for this trial.

She knew about this case when she accepted it.

  She has already determined this case and there is no problem with the judgment of the first instance court.

 And advocated the rejection of the appeal request.

Why?

 Because the trial document of the first instance of this case clearly stated the circumstances at that time.

 When a man faces his wife cheating on her, he must have the intention to kill her.

 Otherwise, this would be abnormal.

 The judgment of the first instance also clearly stated that—

Fang Rufeng was very angry when he learned that his wife had cheated on her.

 For a man, he will have the idea of ​​​​murder and express his views, and he is already prepared to commit a crime.

From this point of view, doesn’t it clearly show that Fang Rufeng has criminal thoughts and the conditions for committing a crime?

 At least in her opinion, there is not much problem with the judgment of this case.

 The only controversial point may be the prison term.

After all, considering Fang Rufeng’s condition at the time, he should be sentenced to a suspended sentence or six months in prison.

 In fact, Lin Fengru also knew the judge of the first instance.

　　I asked the presiding judge of the first-instance judgment. The presiding judge of the first-instance judgment was also a woman.

 What I’m talking about is that from a woman’s perspective, it does have its own harmful effects.

 Furthermore, the lawyer appointed by China Rufeng in the first-instance judgment at that time was not of a good standard.

 Resulting in the judgment of the first instance.

"The second instance judgment...discuss with the other two judges on how to make a judgment."

Lin Fengru thought silently in her heart.

.

 ….

at the same time.

 The retrial proceedings regarding Fang Rufeng are about to begin.

 The day of the court session.

At the entrance of Shadu Intermediate Court, because the victim decided to appear in court this time, he raised his privacy and did not want to be discussed by outsiders.

 Applied for a closed hearing.

  Obtained the consent of the court.

 In this regard, Su Bai did not make any statement on the decision made by the court.

 After all, the victim asserts his or her own legal rights, which are rights granted by the law.

 The court agreed that it was the court's prerogative.

He cannot fight against the legal rights and interests of others just because he wants to bring public opinion closer to his side.

 On the other side, in the waiting room.

 Xie Tingting was sitting in the waiting room and asked Xu Xia beside her.

"Lawyer Xu... I have inquired about it. In this second trial, the person facing you is a famous criminal lawyer, and the winning rate is almost 100%."

“Our case…should there be no problem?”

Xu Xia comforted him: "The person opposite is indeed a famous criminal lawyer. I admit that I may not be as good as the lawyer opposite in some aspects."

"But this case... I have learned about it in detail."

 “There will definitely be no other problems.”

“Besides, at the trial, the points we raised were not for the opposing lawyer to refute, but for the presiding judge to hear.”

“As long as the presiding judge can agree with our point of view, we can win the case, do you understand?”

"Understood."

 Xie Tingting nodded seriously and thought silently in her heart.

As long as this trial is over...the rest will not be a problem.

Thinking of this, Xie Tingting couldn't help but feel a burst of joy in her heart.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)