As a Lawyer, You Sent the Judge In?
Chapter 326: The Supreme People’s Procuratorate responded! Not guilty!
Chapter 326 The Supreme People’s Procuratorate responds! Not guilty!
Fang Rufeng’s case is in court.
Su Bai has repeatedly emphasized that the "search vocabulary problem" is not an objective fact.
At least it is not a preparatory fact with criminal intent.
The presiding judge is also willing to listen to opinions during court hearings.
But what? The results of it?
The presiding judge considered the case entirely from Xie Tingting’s perspective based on his own understanding of the law.
how to say.…
To say that the verdict was a violation of the law is a bit of an understatement, because the verdict has not yet been announced.
And a wrongful judgment does not mean that the judgment is wrong, it is equivalent to a wrongful judgment.
Requires subjective intentionality.
At present, it is definitely not feasible to submit the case to supervisory review based on unjust decisions.
But the fact is that there is something wrong with this judgment!
Including related judgments, there are also big problems!
This case has gone through the Provincial High Court and applied for retrial procedures.
If you continue, you can only submit relevant applications to the Supreme Court and Supreme People's Procuratorate.
Judging from the current results, Su Bai can only ask the Supreme Review for guidance on this case.
Otherwise, the subsequent process will be a lot of trouble.
But then again.
Just now, Su Bai directly asked Fang Rufeng to terminate his status as a client lawyer at the court hearing.
According to Lin Fengru, this is indeed a legal loophole.
But the law was in making this.
This issue has already been considered.
Why do you say that?
Because the identity of the lawyer to be terminated is determined by the client.
And it cannot be lifted multiple times. If it is lifted twice, the court can appoint an assisting lawyer.
Or refused according to relevant regulations.
And the parties involved were also involved, deliberately obstructing the order of the trial.
Of course, in the interpretation of law, intention is divided into a series of conditions such as subjectivity and objectivity.
The first time can be said to be subjective and problematic for this case.
But if it continues for the second and third times, then it is obvious that from an objective fact perspective, multiple times is equivalent to "intentional".
Then again, unless there are special circumstances.
Generally, no lawyer will ask the client to terminate his status as a lawyer client in court.
Of course, it is also a right granted by law to directly remove a lawyer’s client’s ID card during the court hearing.
It can only be said to be a strategy and emergency measure. Under normal circumstances, it will not have any impact on the judgment.
How to judge, or how to judge.
.
….
Looking at Li Xuezhen, Su Bai said:
“First report the case, then return to the law firm, and prepare to submit the case to the Supreme People’s Procuratorate and the Supreme Court for guidance.”
“I will sign another entrustment agreement later and do it in your name.”
As soon as she heard the report, Li Xuezhen’s eyes lit up: “Okay, Lawyer Su!”
“However, in this trial...the collegial panel and the presiding judge did something wrong.”
“But if we go to report it, will the report be successful?”
Thinking of this, Li Xuezhen couldn't help but feel a little worried.
“Ahem…”
“It doesn’t matter whether the report can be successful or not, what we have to do is report it first and then talk about it!”
“If you don’t report it, you will never succeed in reporting it, but if you report it, there is still a possibility, do you understand?”
"clear!"
Li Xuezhen nodded seriously with a small face.
Su Bai looked at Li Xuezhen with a hint of satisfaction in his eyes.
This report, to be honest... From the current point of view, the evidence available is insufficient.
But what if something really happens?
Submit a report.
At least the relevant staff will investigate and understand whether this case has been affected by other influences or interference.
Are there any other cases of wrongful judgment?
.
….
At Bai Jun Law Firm, during the suspension of the trial, Su Bai took Li Xuezhen back to the law firm first.
Following this, I contacted Nandu Media.
That is to say, the article "To Judge or Not to Judge?" was previously published. The media titled "Crime Preparation, Is It a Double-Edged Sword".
Dial the number of the editor-in-chief of Nandu Media.
After being connected to the other party, Su Bai spoke straightforwardly:
“I also have a piece of case information here that is relatively popular. I wonder if you, the media, are interested in it?”
Wang Xue, as the editor-in-chief, smiled and said after receiving a call from Su Bai:
“I am definitely interested, Lawyer Su, of course we are interested in your case!”
"OK!"
“Wait a minute, I will send you the title and content, you can just send it under the previous title.”
“Good lawyer Su, it’s a pleasure to work with you.”
Hang up the phone, Su Bai sent the previously compiled content to Wang Xue.
Then he and Lin Xuezhen submitted to the relevant departments of the Supreme People's Procuratorate a legal explanation on criminal preparation, as well as the relevant judgment of the Linsha County Basic Court on the case.
Why submit the relevant judgment to the Supreme People’s Procuratorate?
This is because there is “evidence” based on the presiding judge’s concept in this case.
Fang Rufeng searched and killed his cheating wife and mistress. Is this search considered an objective preliminary fact?
Since the presiding judge wants to make this decision, let the Supreme People’s Procuratorate make the decision!
Just like the previous cases of supporting others and cases of self-defense.
The Supreme People's Procuratorate and the Supreme Court have paid considerable attention to these two cases.
and.…
Provided relevant guidance.
This case is as popular and decisive as the supporting cases and self-defense cases.
If there is any dispute, then let the Supreme People's Procuratorate provide relevant guidance.
To put it bluntly, he just went to the Supreme Prosecutor for an explanation.
.
….
Nandu Media, Wang Xue is reviewing and sorting out the completed content.
After the review is completed.
Published to relevant accounts with the title—
"Follow-up: When the integration of realistic scenarios and the collision of legal evidence are based on evidence, should legal evidence be the main one, or should it be based on reasoning? 》
Looking at the content that had been published, Wang Xue smiled with satisfaction.
In these few times of cooperation with Su Bai, the performance assessment originally scheduled above has been completed!
This video is completely overachieved!
good!
At Wang Xue’s request, this video and the previous double-edged sword video were all pinned to the top.
soon-
Driven by the previous popularity, the number of views of this video has skyrocketed again.
And the video content this time is mainly discussion.
Whether the presiding judge may not rely on relevant evidence during trial.
Rather, the judgment shall be made in accordance with legal reasons and the priority between the two.
Why should we discuss this topic?
Because Lin Fengru’s main concept of judgment is to follow legal principles.
Can legal reasoning be followed in civil matters?
Can!
A high degree of probability means a judgment based on legal principles.
What about criminal matters?
Mainly rely on factual evidence. If the victims and defendants involved in criminal cases are sentenced in accordance with their legal rights, the impact will be huge.
So...this case is not only a matter of judgment, but also a guiding issue.
Because there is no similar guidance case before.
Perhaps Luo Daxiang saw this and found Su Bai and entrusted the case.
There is also a high degree of discussion on this topic on the Internet, which is basically divided into two categories.
One category is that what is the verdict if there is no evidence?
It’s a completely blind judgment!
There is another group of people who think that the presiding judge may have a far-sighted view, have certain experience, and make good judgments.
The two sides had a heated discussion on this.
.
….
While the court hearing was suspended, in a community in Linsha County.
Xie Tingting was talking to Xu Xia on the phone at home.
“Lawyer Xu.…”
“It has been many days since the last time the trial was suspended in our case...”
“When will Fang Rufeng’s crime be sentenced?”
“Also…the divorce case will go to trial in two days. If we can’t be found guilty by then, will there be any impact?”
Xu Xia smiled and said: "It does have a certain impact, but don't worry."
“To be on the safe side, I have applied for an extension of the divorce case.”
“Okay, thank you, Lawyer Xu, but I am still worried. The trial of Judge Fang Rufeng has been postponed. Will there be any bad consequences?”
"No, in the courtroom, everything must be based on the judgment of the presiding judge."
“You can search for Su Bai on the Internet. He is one of the top criminal lawyers in the country and is very good at court trials.”
“As long as it is a court case that can be found, the winning rate is almost 100%, but what about this case?”
“Look at how good this lawyer Su is at the trial?”
“Is it useful? It’s not useful at all!”
"You still have to listen to the presiding judge in court. Don't worry, there will be no problem."
“Oh, okay.”
Xie Tingting hung up the phone, and a man hugged Xie Tingting from behind: "Why has this divorce case been postponed again?"
Xie Tingting turned around and said, "What, can't wait any longer?"
“Is it any different if I am with you now than if I am divorced or not?”
“I think you are just thinking about your property!”
“No way, don’t I want us to have a legal identity?”
The man's mouth seemed to be covered with honey, and Xie Tingting seemed to like this very much.
After listening, I didn’t care about anything anymore, I just kept saying, hurry up, hurry up.
.
….
the other side.
While the trial was suspended, the three members of the collegial panel responsible for Fang Rufeng’s case.
They all had different views on this case, and the female judge was particularly dissatisfied with the suspension of the trial.
“Is there any significance in delaying the trial by lifting the commission in this case?”
“It can’t affect the outcome of the verdict!”
“The outcome of this case has already been decided. It’s just that the defendant wanted to delay it for a little while. After all, it’s a retrial.”
“I think we should urge Fang Rufeng’s case to be heard again as early as possible.”
“Otherwise, procrastinating is not an option…”
Lin Fengru nodded after hearing the female judge’s suggestion:
“I will supervise and pay attention to this case.”
Another male judge who was also in the collegial panel fell silent again when faced with the exchange between the female judge and Lin Fengru.
It's not that he doesn't want to refute...but that his refutation doesn't make any sense.
He can only express his views in the judgment and judgment.
.
….
at the same time.
After the Nandu media released the highly controversial discussion, public opinion hot spots began to gradually rise.
Because the content of the discussion involves the presiding judge’s court hearing authority and the most concerned matter—
Should there be a guilty verdict in this case?
Then there is—
I just said, "I'm going to kill you, and I will search to see if there will be a death penalty after killing you." Can this be used as evidence?
The quarrel between the two groups became increasingly fierce.
Even to the extent that it gradually goes astray, the people who go astray mainly start from the perspective of women.
The same opinion as Lin Fengru - "If it happens."
On the other hand, those on the other side are relatively rational and start the discussion from reality - "There are no ifs."
Of course, there are also many big figures in the legal circle who have spoken out and believe that it should not be used as evidence in court trials.
And called on the Supreme People’s Procuratorate to give a guiding answer.
Applying for guidance from the Supreme People's Procuratorate has attracted many tags, and this topic has also become a hot search topic.
.
….
The highest inspection.
In fact, there is relevant public opinion concern in every department.
The annual important cases sometimes designated by the Supreme People's Procuratorate are public opinion cases that attract attention.
Then provide certain guidance and demonstration effects on these public opinion cases that have received relatively high attention.
In an office.
Staff submitted a hot topic.
“Director Li...there has been a hot case on the Internet recently, and public opinion has been very loud.”
“This is the relevant content I have compiled, please take a look at it, Director Li.”
"good."
Director Li took over the relevant content, glanced at it, and then said: "I will discuss this case with other leaders."
“Give relevant guidance.”
.
….
After the others left, Director Li looked at the information again and muttered silently: "Isn't this nonsense?"
“How can a criminal case be decided without evidence?”
“Completely violates the judgment and proceedings of criminal cases!”
Soon, there was an internal discussion and it was agreed that there were certain problems with the trial of the case.
And directly provided relevant guidance on the case.
—The content involved in the Fang Rufeng case itself did not reach the level of objectively committing criminal preparatory actions.
Whether it’s from Fang Rufeng’s words or actions.
They can only conclude that Fang Rufeng has a criminal consciousness in terms of subjective intentions.
There are no objective preparatory conditions.
During the trial, the judges may also use unknown or foreseeable behaviors to plan legal scenarios for the case.
Any situation that is inconsistent with the available evidence should not be accepted.
.
….
The guidance given by the Supreme People's Procuratorate can be said to be very clear and clear.
Just point to your nose and say, how did you handle this case?
How is it judged?
In Bai Jun Law Firm, Su Bai watched the Supreme People's Procuratorate provide guidance on the case.
Smiled slightly, isn’t this statement justifiable?
With the guidance of the Supreme People's Procuratorate, aren't there basically no other possibilities for this case?
The guidance issued by the Supreme People's Procuratorate is generally the most objective and practical.
Hold the court again and do not follow this guidance, which is equivalent to saying that the judgment was perverted.
Following this guidance will directly prove Fang Rufeng’s innocence.
In any case, the explanation is now settled.
“Waiting for the trial!”
Su Bai thought silently in his heart.
On the other side, Li Xuezhen is also looking forward to another court hearing.
The review is not good?
Still continuing to judge?
Send it in, send it all in!
Happy!
Xiao Li's face was filled with an expression of satisfaction.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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