As a Lawyer, You Sent the Judge In?

Chapter 345 Judgment Result: The defendant’s criminal facts were established!

This time, Wu Yan and others were directly accused of false accusations in reverse, and the facts for filing the case were sufficient.

ˆThe time from filing the case to filing a public prosecution was very fast, and it went directly to the court session.

 During this trial, Wu Yan and others were prosecuted for false accusations.

 According to Article 243 of the Criminal Law, the crime of false accusation and frame-up is committed.

 Fabricating facts and fabricating evidence to falsely accuse others with the intention of subjecting others to criminal liability shall, in serious cases, be punished by imprisonment for not more than three years.

Of course, there is one more point about this crime, a special explanation.

To make false accusations, the subjectivity needs to be determined.

 If it is not intentional or intentional false accusation, but there is no intentional false accusation, or the report is untrue.

   does not apply to this crime.

 At this point we need to understand what a false accusation is.

 According to the guidance and application of the Supreme People’s Procuratorate—there is a subjective difference between false accusation and wrongful accusation.

  The latter is subjective and not intentional.

 The former is intentional framing of others, with the intention of subjecting the other party to criminal liability.

 From the evidence point of view, Su Bai now has sufficient evidence.

Basically, it can be determined that the accusations made by Wu Yan and others are subjective and intentional false accusations.

 In the defense.

As the defendants, Wu Yan and others can only refute from the perspective of wrongful accusation to prove their innocence.

to be honest-

  In other words, under Su Bai's accusation, it needs to be refuted that Wu Yan and others did not act subjectively and intentionally.

  But judging from the existing evidence.

Su Bai has direct evidence that directly proves that Wu Yan and others deliberately accused Xia Mingyuan and intentionally wanted Xia Mingyuan to be held criminally responsible.

In other words, in this trial, if the presiding judge determines that the actions of Wu Yan and others were wrongly accused.

So...to be direct, it must be an act of perverting the law and engaging in malpractice for personal gain.

 It’s just...

The court has not started yet, and Su Bai doesn't know what the direction of this trial will be.

can only say.…

 It will not roll over.

 What should I do if the car overturns?

The relevant personnel must go in!

.

 ….

 On the other side, on the eve of the trial.

 Zhang Xiaojun and He Juan's uncle He Wenjie approached Li Fei.

 Because this time He Juan was also at the defendant's seat.

Therefore, He Wenjie and He Juan's uncle naturally could not watch their niece go in.

 After discussing with Zhang Xiaojun, they wanted to decide not guilty at the court level.

 After the two men approached Li Fei, Zhang Xiaojun spoke first: "Brother Li..."

 “This case of Xiaoyan and Xiaojuan...you must help.”

“To be honest about this case, I didn’t expect that the other party would turn around and bite me again after applying for a retrial and being found not guilty.”

“Sue Xiaoyan and Xiaojuan directly in court.”

 “Isn’t this a slap in the face to us?”

"To be honest, if it weren't for Xia Mingyuan's attorney, I could have dismissed the case directly."

“But you also know the judicial process. Even if I reject it, it will be of no use, so I just wanted to come over and see if we can think of a solution from the judgment side.”

“Brother Li... let’s not talk about anything else, just talking about our friendship for so many years, you can’t watch Xiaoyan and Xiaojuan being sentenced, right?”

He Wenjie on the side also took up the conversation and advised Li Feineng to think more.

 In terms of the subjectivity of this case, there is a slight tendency.

However, facing the two people's openings, Li Fei remained silent for a few seconds: "It's not that I don't want to help with this case."

“I compiled the evidence submitted by Xia Mingyuan’s entrusted lawyer.”

“The evidence he submitted is very sufficient and can directly prove the subjectivity of Xiaoyan and Xiaojuan.”

 “How can I help in this situation?”

  “Do not accept his evidence and it does not comply with the relevant judgment rules.”

“One of you cannot dismiss the case from the aspect of filing the case, and the other cannot dismiss it from the aspect of prosecution.”

“How can I not accept the irrefutable evidence?”

 “Not realistic at all.”

“Besides, if the matter gets serious, it will be very difficult for me to handle it.”

“I can only say that the sentence can be relaxed.”

“According to relevant laws and regulations, although Xiaoyan and Xiaojuan are minors, they are already over 16 years old.”

“It’s okay if you are under 16 years old. According to our country’s current laws, those who are over 16 years old are already required to bear criminal responsibility.”

 “However, the sentence can be lenient...”

"But if I don't pass the judgment, I will be in trouble. You two should know this in your heart."

 Zhang Xiaojun and He Wenjie were both silent.

They also know that this trial is facing lawyers with their own traffic.

If the verdict is not good, it may stir up a wave of public opinion.

 But the two still want to fight for it...after all, the people being prosecuted are their relatives...

 At this situation, Li Fei could only sigh.

He said that he would fight for it if he could in the court trial, but he asked the two of them not to have too much hope.

 It is very difficult to decide not guilty.

Hearing this, Zhang Xiaojun nodded and said nothing...just sighed.

If the final verdict is that Wu Yan is guilty, I guess his sister will definitely not be able to accept this situation.

 All we can do now is to get vaccinated in advance.…

.

 ….

Soon, regarding this court trial, Xia Mingyuan, who was originally the defendant, became the plaintiff and appellant this time.

Three original victims, including Wu Yan, He Juan and Li Bing, became the defendants.

 This court hearing still went relatively smoothly.

 Because there is sufficient evidence and sufficient objective facts.

 The verdict of the first instance directly determined that Wu Yan, He Juan and Li Bing had made false accusations, which resulted in others being held criminally responsible.

 The crime of false accusation and frame-up was established.

 However, since the three persons are under 18 years of age and have reached 16 years of age, they should bear criminal liability, but their criminal liability can be reduced.

 Finally, the sentence was reduced.

As the main person involved in this false accusation, Wu Yan was sentenced to six months in prison, suspended for one year. He Juan and Li Bing were each sentenced to three months and suspended for six months.

 Although they were all sentenced to probation, as minors, especially the three high school students.

 Has a huge influence on it.

The moment the verdict was announced, Zhang Cuili was sitting in the hearing seat and couldn't help but yelled:

“There must be something wrong with this verdict!”

 “My daughter did not intentionally make false accusations at all!”

 “What is this verdict about...?”

Facing the verdict, Zhang Cuili was so angry that the flesh on her face was trembling.

Although Zhang Xiaojun had already informed her in advance that Wu Yan might be found guilty in this verdict.

 But her focus is only on the possibility.

When I actually heard the verdict, I still couldn’t control it.

Why.?

Just imagine, you were used to being arrogant, but now you are slapped in the face by others.

　　Even if the daughter I care about the most is found guilty, her future future will be ruined.

How could Zhang Cuili endure it?

On the side, when facing the verdict, Wu Yan, He Juan, and Li Bing also burst into tears.

 Seeing this scene, Zhang Cuili felt even more distressed...

Zhang Xiaojun on the side quickly grabbed Zhang Cuili and whispered:

“Sister...Okay, this is in court, not at home.”

 “A suspended sentence of a few months is already quite good…”

 Zhang Cuili calmed down for a moment, and then spoke, slightly questioning: "Isn't it good to have a suspended sentence?"

 “That’s your niece!”

“Now that I have been sentenced to a suspended sentence and have a criminal record, what will I do in the future?”

 Zhang Xiaojun knew that it was hard to say anything now, so he might as well say nothing at all.

Zhang Cuili continued: "I don't care. If Xia Mingyuan can appeal and be found not guilty, Xiao Yan can definitely do the same."

“You, my uncle, think of a way, and we can appeal and get a not guilty verdict.”

“Think about it, if Xiaoyan is really found guilty, her life will be ruined. Xiaoyan is the one you have seen since childhood. Can you bear it?”

Hearing this, Zhang Xiaojun was silent for a few seconds: "I will think of a solution later, don't worry now."

Hearing Zhang Xiaojun’s promise that he would find a solution, Zhang Cuili relaxed and said nothing more.

.

 ….

 At the appellant’s seat.

 The moment he heard the verdict, Xia Mingyuan was visibly relieved.

For him, this case proved his innocence and allowed the person who made the false accusation to fall into criminal punishment.

Although it is only a suspended sentence, it is still a sentence.

 At least it seems to be righteous.

Xia Mingyuan turned to look at Su Bai: "Lawyer Su...this case has been decided."

"Well...after such a long time, the follow-up to the false accusation has finally been resolved."

Su Bai nodded.

Judging from the results, currently, Wu Yan, He Juan and Li Bing have received the punishment they deserve.

 But in fact, Xia Mingyuan's case was able to be filed, prosecuted, and sentenced.

 It involves not only other people, but also other aspects.

but.…

 In the final analysis, it is still because the judicial environment is not good...

 For example: if Wu Yan, He Juan and Li Bing are censored.

 It will definitely be necessary to examine how Wu Yan, He Juan and Li Bing decided to prosecute in the first place.

 How did the prosecution succeed?

 Are there any other people involved?

 Obviously, in this case, Zhang Xiaojun and He Wenjie were not investigated.

 Mainly because I review it myself, which provides certain conveniences in this regard.

 Otherwise, Wu Yan, He Juan and Li Bing, three minors, must have truthfully confessed to the criminal investigators’ review.

 It has not been investigated. It can only be said that there was no investigation in this area deliberately.

However, at this time, Xia Mingyuan spoke again: "Lawyer Su..."

“This case has been decided and my reputation has been restored to a certain extent.”

“But there is an obvious tendency towards the relatives of Wu Yan and He Juan, as well as the presiding judge of the second instance.”

 “Is there nothing we can do?”

“To be honest... although the students Wu Yan and He Juan said they were suing me, in fact, they still had the support of their parents behind them.”

“If there was no support, it would have been clearly investigated when the case was filed that I was not guilty of molestation, and I would not have stayed in the detention center for six months.”

 “Not to mention the rumors that I have been subjected to for the past few months.”

"to be honest.…"

“Lawyer Su, is there no way to prosecute these people?”

Xie Hui pulled Xia Mingyuan’s clothes:

“Our success in this case depends entirely on Lawyer Su.”

“If it weren’t for Lawyer Su’s case, we wouldn’t have won.”

“The school also agrees that you can go back to teaching. Let’s not think about anything else.”

Xia Mingyuan sighed and said nothing, but silently looked at Su Bai.

Su Bai can understand Xia Mingyuan's thoughts.

 To put it bluntly...Although on the surface, Wu Yan and others were given the appropriate judgment and punishment.

 But actually during the process of Xia Mingyuan being falsely accused.

It is not just the oral confessions and accusations of Wu Yan and others, it must also involve the intentional tendencies of Zhang Xiaojun, He Wenjie and the judges.

Xia Mingyuan's idea is also very simple. Those who should be punished should be punished.

 Those involved must be held accountable.

Regarding this point, Su Bai slowly spoke:

 “This aspect is quite troublesome.”

 “But it’s not impossible...”

Hearing this, Xia Mingyuan instantly became energetic.

to be honest.…

 If it is possible to send in all those who have failed in their duties.

Then he must be willing! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)