As a Lawyer, You Sent the Judge In?
Chapter 327: As a result of the verdict, the original victim was transferred to the case for trial
Chapter 327: Judgment result, the original victim is transferred to the case for review
With the guidance of the Supreme People's Procuratorate, Fang Rufeng's case is basically equivalent to a verdict of not guilty.
After Su Bai asked Li Xuezhen to re-sign the entrustment contract, he waited for another court hearing.
This trial...
Basically there will be no other problems!
.
….
However, the guidance of the Supreme People's Procuratorate on this case was Lin Fengru, the presiding judge of this case, and other members of the collegial panel.
As well as Wu Chunmei, the prosecutor who has been paying attention to this case, and Xu Xia, Xie Tingting's attorney.
We also saw the details of the Supreme People’s Procuratorate’s guidance on this case.
Especially Xu Xia, after learning the Supreme People’s Procuratorate’s guidance on first-instance cases.
He hurriedly called Wu Chunmei, who was the prosecutor. After getting through, he couldn’t wait to speak:
“Prosecutor Wu.…”
“Does law enforcement and the procuratorate have any new evidence on the Fang Rufeng case?”
Wu Chunmei said: "There is no new evidence in this case."
“We previously determined that this case was guilty, and there may have been certain deviations in our understanding of the law, but now the Supreme People’s Procuratorate has issued corresponding guidance.”
“There should be a verdict of not guilty.”
“But...” Xu Xia hesitated for a few seconds:
“You also know that the Supreme People’s Procuratorate may not know much about this case, and there is a certain deviation between the actual situation and the legal interpretation.”
“So, can Prosecutor Wu...see if there is any new evidence?”
Facing Xu Xia’s words, Wu Chunmei was silent for nearly a minute and then spoke calmly:
“Look again, the prosecutor only submitted the prosecution and evidence.
Let me see if there is any new additional evidence.
However, the specific trial still depends on the views of the presiding judge and the collegial panel.
You prepare yourself mentally in advance. "
“No, Prosecutor Wu, shouldn’t we stand from the perspective of women in Xie Tingting’s case?”
“Why are you mentally prepared?”
“Prosecutor Wu.…”
Xu Xia's voice was a little anxious, but she hadn't finished speaking yet.
There was just a snap sound, and the phone was hung up on the other end.
Looking at the hung up phone, Xu Xia became even more anxious, but there was no other way...
"Why-"
Xu Xia sighed helplessly, but thought about it again.
Mustically read: "As long as it does not affect the subsequent divorce lawsuit, it doesn't matter whether I am found guilty or not..."
After clarifying this idea, the sadness on Xu Xia's face dissipated a little.
.
….
at the same time.
As for the court, Lin Fengru received a reply from the Supreme People's Procuratorate after learning about the first-instance case.
And after reading the comments on related short videos and the impact of public opinion.
He and the other two judges discussed the relevant matters of this case again before the trial.
This time, Lin Fengru expressed a different point of view than last time.
“The Supreme People’s Procuratorate has given guidance...This case has attracted a lot of publicity.”
“I’d like to have a little chat with you about the relevant judgments.”
The female judge frowned: "This case has guidance from the Supreme People's Procuratorate. It is almost impossible to make a judgment based on the legal situation."
“It’s just a pity...”
“From Xie Tingting’s perspective, Fang Rufeng does have the possibility of committing a crime.”
“Without the guidance of the Supreme People’s Procuratorate, the case can still be adjudicated, but now... it is obviously difficult to adjudicate.”
“Judge Lin...can you rethink this case from another perspective?”
Besides, the male judge, who had been silent many times, could no longer listen.
Having accumulated resentment for such a long time, I finally found the opportunity to burst out.
“Are you still standing in Xie Tingting’s perspective?!”
“Thinking, thinking about what?”
“Now that the Supreme People’s Procuratorate has given guidance, can’t you not stand from Xie Tingting’s perspective?”
“If you’re thinking about it from another angle, you’re just waiting for the Supreme Prosecutor’s Office to slap you in the face with guidance and say Fang Rufeng is not guilty, right?”
“Earlier you said Xie Tingting was a victim, I didn’t say anything, but now is it still the case?”
“I’ve been here all day relying on my own subjective opinions to influence legal decisions...can you stop coming up with bad ideas?”
"I..." The female judge's face turned red with anger. She was about to say something but was beaten again.
“What am I?”
“I will tell the court and the judicial committee that you can make suggestions at the collegiate meeting based on your own feelings!”
“There is no need for collegiality in this trial. Fang Rufeng is not guilty and there is no need for deliberation. What do you think, Judge Lin?”
The male judge was silent for several times before, and finally broke out this time.
If the female judge just now were to stand in someone’s perspective, it would affect the outcome of the judgment.
Then all three members of the collegial panel will be punished!
The Supreme People's Procuratorate has issued guidance on the first-instance case. If the second-instance case is not overturned, why are we still waiting?
If he doesn’t explode now, when something happens, he will inevitably be punished as a member of the collegial panel.
In court, if you act according to your own subjective tendencies, you are not responsible to anyone!
I had been holding my breath for several times before, but now I burst out all at once. In one word, it’s great!
On the sidelines, Lin Fengru fell into silence when faced with questions about herself.
After a moment, he said: "Well, let's wait until the court session."
.
….
Soon, the trial was held again.
This court hearing is different from the last one.
This time, Su Bai participated in the trial after reviewing his statement to the Supreme Court and receiving clear guidance.
Even if the presiding judge and the collegial panel disagree, the verdict is not guilty.
However, he can continue to seek explanations from the court and the arbitration committee and submit relevant supervisory reviews.
There is no objection to this.
At the trial table, Lin Fengru frowned as she looked at Su Bai who was once again sitting at the appellant's seat.
But he didn’t say much and continued the relevant proceedings of the court hearing.
This time, although Lin Fengru was a little dissatisfied with Su Bai's direct interruption of her last time in the court hearing.
But after all, Su Bai participated in this trial with the guidance of the Supreme People's Procuratorate.
For the last judgment, Fang Rufeng objectively carried out criminal preparation behavior.
This time Lin Fengru directly rejected her previous judgment.
This judgment was rejected, and the rest was relatively simple.
Why?
Because it is very simple to meet other conditions for criminal preparation, the most critical one is this determination. also.
The crime of criminal preparation must consist of four basic points.
As long as one item is rejected, the criminal facts will not be established.
Summary—There are not many issues in this trial.
.
….
After rejecting the previous relevant judgment, Lin Fengru continued the trial.
Let the parties begin their court presentations.
Wu Chunmei didn’t say much, she just gave a brief explanation.
The reasons for filing this public prosecution and the criminal acts identified.
After all, based on her current views and existing evidence, she does not believe that Fang Rufeng committed a crime.
However, when Xie Tingting was asked to explain, Xu Xia still wanted to fight for it.
"Presiding Judge... I have something to say about this case."
“Although the provisions of the law and the guidance of the Supreme People’s Procuratorate indicate that there are no objective facts in this case that can prove Fang Rufeng’s guilt.”
“But there are indeed certain problems with Fang Rufeng’s approach.”
“It has also had a certain impact on our client, especially mentally.”
“We believe that no matter what the verdict is, we will accept it.”
“But we need to give certain compensation for the mental losses caused to us.”
"From this point of view, we hope that the other party can issue us a relevant apology."
“We hope that the presiding judge will agree to our request.”
?
Put a question mark above your head.
Apologize?
Isn’t this just what you want to use when going through divorce proceedings and dividing property?
The sound of the abacus clanking was heard by Su Bai who was sitting on the appellate side's seat.
how to say.…
In this lawsuit, the main purpose of the other party is property.
Knowing that this trial is going to fail, you still want to continue to play the emotional card and ask them to issue a letter of apology?
Have you lost all face?
Su Bai immediately retorted: "President, we do not agree with the other party's request."
"first.…"
“The other party’s point of view is that mental compensation is needed and we should apologize.”
“But why should we apologize?”
“The other party cheated first and betrayed the marriage during the marriage, and yet he still wants us to apologize. What’s the point?”
“Even if it is based on a legal scenario, after we learned about the other party’s cheating at that time, we did this. Are there any other problems?”
"No!"
“So we firmly do not agree with the other party’s point of view and issue any apology.”
“But the woman is relatively fragile in the family and is a vulnerable group.” Xu Xia retorted.
“In Fang Rufeng’s marriage, Xie Tingting did not appear to be fragile, and she was not a vulnerable group.”
“Did Fang Rufeng cause any physical harm to Xie Tingting?”
“If we talk about mental injury.”
"Then we believe that the mental damage caused by our cheating is greater, and we require Xie Tingting to give us a certain apology!"
Xu Xia’s statement is completely untenable and has no legal basis.
It can be seen that they just want to make some relatively unreasonable demands through the presiding judge.
but.…
Lin Fengru, who was sitting on the bench, struck the hammer directly.
“The application made by Xie Tingting just now has no basis.”
“Fang Rufeng was found not guilty, which is the relevant litigation defense in this trial.”
“Whether Fang Rufeng was at fault during this process has nothing to do with this court hearing. Therefore, the application filed by Xie Tingting’s party is rejected!”
After Lin Fengru rejected Xu Xia’s application, the hammer sounded again.
The verdict was announced,
There is no problem with the verdict this time.
Fang Rufeng was declared innocent directly in court.
Of course...this was also something Su Bai expected.
After all, the Supreme People's Procuratorate has already given guidance. If you impose a harsh judgment, do you really think there is nothing you can do about it?
Even in a court trial, the presiding judge has the relevant legal interpretation rights, but it is not such a hard interpretation!
After hearing that Fang Rufeng was found not guilty, Su Bai breathed a sigh of relief.
But at this moment, Li Xuezhen’s eyes were shining brightly.
Constantly swinging back and forth between the judgment seat and Xie Tingting's seat.
At this time, Xie Tingting's expression looked a little worried:
“Lawyer Xu... Now that Fang Rufeng has been found not guilty, what will happen to our divorce case?”
Xu Xia: "Don't worry about the divorce lawsuit. Now that it's going like this, the two of you can definitely divorce due to a breakdown in relationship."
“However… certain problems may arise in the division of property.”
Property division?
Before Xie Tingting could ask, Xu Xia interrupted: "Let's talk about it when we get back!"
"OK."
Xie Tingting nodded.
When the two people walked out of the trial venue, several law enforcement officers were standing outside the door.
The two of them didn't pay too much attention and bypassed several law enforcement officers when they were about to leave.
But he was stopped by these law enforcement officers.
Xu Xia raised her head, and when she was confused, one of the law enforcement officers produced relevant materials.
“Are they Xie Tingting and Xu Xia?”
"We received a call and filed a case. We have a case now. Please cooperate with the investigation."
“Please come with us...”
Xu Xia looked puzzled: "There are two of us?"
"Yes, aren't you Xie Tingting's attorney? That's you."
Xu Xia turned her head to look at Xie Tingting and found that something was wrong with Xie Tingting's expression.
He took another look at the report description of the filing materials and frowned.
I thought silently: I fell into a pit...
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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