You became a lawyer and sent the judge in?

Chapter 170 Judgment! Wrong application of law!

On the judgment seat.

Ren Yuandong understood that the main content of this court proceeding was to send the former presiding judge in.

But he cannot make random judgments, and cannot make unfounded judgments that are not based on legal and factual basis.

Otherwise, Qian Wei today will be him another day.

Even criminal wrongful judgments are more serious than civil ones.

However...according to the current trial situation, Qian Wei's verdict was a violation of the law.

how to say.….

The prosecutor and the prosecution have a certain advantage. I don’t know how the defendant will use legal regulations to solve the problem later.

Ren Yuandong is sorting out the submissions and defenses of the three parties.

After finishing sorting, he turned his head slightly and looked at the defendant's seat.

Boom!

"Now we will briefly organize and summarize the defense lawsuits of the parties in the trial."

"Regarding Qian Wei's crime of perverting the law, are all parties' accusations and rebuttals that Qian Wei deliberately used wrong legal regulations, which resulted in a serious wrong judgment in the case and caused huge impact and losses to the parties involved?"

"Does the parties have any objections to this?"

Guan Tong: "No objection."

Liu Jun: "No objection."

Su Bai raised his hand: "President, we have no objection to this fact, but we would like to add something."

"Please make a statement from the prosecution."

"Good judge."

"According to the evidence submitted by the prosecutor, there was a certain degree of subjective intentionality in the conversations with Chen Meixia's close relatives before and after Qian Wei's trial."

"I hope the full court will take that into consideration."

Boom!

"The collegial panel has already understood this. Are there any other questions or content?"

"No more, Judge."

"OK."

Boom!

Ren Yuandong banged the gavel and began to question Qian Wei:

"Qian Wei, when you were judging Zhang Dahu's case, the other two members of the collegial panel pointed out that if Zhang Dahu lost the case, there would be insufficient evidence.

And why do the members of the collegial panel insist on using a high degree of probability when they make claims in the Civil Procedure Law and provide evidence? "

Qian Wei sat in the defendant's seat.

Facing the judgment seat, he hesitated for a few seconds.

As a former presiding judge, Qian Wei obviously knew the purpose of Ren Yuandong's inquiry when faced with this kind of question.

Thought for a while.

Qian Weicai slowly spoke:

"Because according to my judgment, Zhang Dahu's evidence is obviously not as sufficient as Chen Meixia's evidence, so I chose to use the civil proof rules with a high degree of probability."

"What's your basis?"

"My basis is Zhang Dahu's performance, and Zhang Dahu's lawyer client did not fully state the facts and the basis for my judgment during the court proceedings."

Su Bai:? ? ?

Don't you know whether it was stated or not?

Just talk hard, right?

Su Bai said nothing and continued to listen to the presiding judge's questioning of Qian Wei.

"Then why did you ignore the flaw in Chen Meixia's mouth...that is, an old man in his seventies was knocked down from behind and was knocked into a coma. It was impossible to see the face of the person who hit him. This matter?"

"Regarding this matter, what factors did you consider at the time?"

"The reason I considered is... Chen Meixia is in her seventies, and her memory may not be very good. She may have been nervous and said the wrong thing during the trial... This is the reason why Chen Meixia appeared in court as a witness today. In today’s court hearing, the presiding judge can conduct further inquiries.”

After hearing Qian Wei's words, Ren Yuandong cast his eyes on Chen Meixia in the witness seat.

Chen Meixia appeared in court as a witness. This is indeed a bit outrageous. After all, it involves a principle of avoidance.

I don’t know what the Changshi Intermediate People’s Court considered, but the prosecutor had nothing to say, and Su Bai did not take the initiative to raise the principle of recusal.

Ren Yuandong looked at Chen Meixia in the witness seat and asked:

"Chen Meixia, as a client, can you be sure that your previous confession is true?"

Chen Meixia knew what she should say to benefit Qian Wei at this time, so she spoke slowly:

"Presiding Judge, I am old, and sometimes I can't remember when I said the right thing and when I said the wrong thing..."

"I can't remember clearly, I can't remember clearly..."

Chen Meixia waved her hands repeatedly, then looked at her two sons beside her and said:

"Presiding judge, if you don't believe me, you can ask my two sons. They also know that I am old and sometimes forget what I say when I open my mouth."

"Yes, yes, my mother sometimes forgets what she said. After she finishes speaking, she can't remember the back."

"Yes, I can confirm that."

Li Zhuang and Li Jun nodded quickly.

At this time, Su Bai raised his hand to signal.

Boom!

Ren Yuandong banged the gavel and signaled Su Bai to speak: "Is there anything the accuser needs to add?"

Su Bai said: "Chen Meixia, the person involved in the case, said that her memory is somewhat forgetful, so why can she remember Zhang Dahu bumping into you?"

"Also, does Chen Meixia, the client, remember what happened in the hospital, or can you remember how she fell?"

"If Chen Dahu didn't hit you from behind, then why did you frame Chen Dahu?"

"This involves some very serious legal issues, and the party involved, Chen Meixia, is requested to answer them seriously."

Chen Meixia hesitated, not knowing what to say for a moment.

at the same time.

Su Bai continued to add:

“During the trial, Qian Wei took into account that Chen Meixia might have some confusion in her memory and realized that there might be some problems with Chen Meixia’s confession, which means that the evidence presented by Chen Meixia’s side was not sufficient.

According to the high degree of probability and civil proof rules, the judgment must be in favor of the party with sufficient evidence.

You are all aware that Chen Meixia may have some unclear memories in her old age, so why do you still use a high probability to determine that Zhang Dahu loses the case? "

"Please also ask the defendant to explain this issue..."

Su Bai's question hit the nail on the head, directly touching the main arteries of Chen Meixia and Qian Wei.

Liu Jun, who was sitting at the defendant's entrustment seat, frowned and looked at Chen Meixia and Qian Wei with dissatisfaction.

As a former judge, you should know what to answer and what not to answer. If you give the question to Chen Meixia, isn't this giving the initiative to the other party?

Now the opponent has taken the initiative, and he is now at a disadvantage.

Liu Jun felt a little dissatisfied with Qian Wei and Chen Meixia.

In fact, Qian Wei was also very helpless, because he always had to find a reason to shirk, otherwise it would be directly determined as intentional.

The consequences are more serious.

But he didn't expect Chen Meixia to say this, so Su Bai seized the opportunity.

Boom, boom, boom!

The gavel fell.

Ren Yuandong spoke: "Has the prosecution finished questioning it?"

"Presiding Judge, our inquiry is finished."

Boom!

"Okay, then let me ask the defendant and Chen Meixia on the witness stand to answer."

"One: Chen Meixia, do you still remember how you were hit? Or do you still remember how you fell to the ground?"

"Two: Defendant, when you judged Zhang Dahu's case, you said that you considered that Chen Meixia might have memory confusion, but why did you still favor Chen Meixia in judging the evidence?"

"Q\u0026A please."

Chen Meixia realized that she might have said the wrong thing, and spoke slowly and hesitantly: "I don't remember..."

After Chen Meixia finished speaking, Ren Yuandong focused on Qian Wei.

Qian Wei took a deep breath: "Presiding judge, when I made a highly probable decision, I took into account some of Zhang Dahu's actions that went against common sense, not other factors."

Boom!

Faced with Qian Wei's answer, Ren Yuandong glanced at the conveying materials, and then set his sights on Qian Wei.

The voice is serious:

"According to the evidence submitted by the prosecutor, you had a phone call with Li Mu before the trial and after the verdict, and Li Mu was involved in the trial."

"As for the plaintiffs who were involved in this trial, Li Mu, your call records have been obtained. How do you explain that the judgment was not influenced by Li Mu?"

"presiding judge.…"

"Regarding this...the other party just asked me what I thought about the trial. They didn't directly ask me to help or anything. I just responded normally."

"Then how do you explain Zhang Dahu's leading questions at the trial?"

"I had a general understanding of this case before the verdict. At that time, I wanted to question Zhang Dahu in depth. Some of the content may have been asked in a hurry and I did not pay attention to this aspect.

I didn't realize it during the questioning. After being reminded by the defendant's lawyer, who is now the prosecution lawyer, I realized this and then quickly reacted and conducted a normal questioning. "

Boom!

"Inquiry completed."

"Does the parties to the lawsuit have anything further to add or state?"

Prosecutor: "We have nothing to add."

Su Bai: "We don't have any."

Liu Jun frowned and raised his hand: "Presiding judge, we have something to add."

"Invite the defendant's litigation attorney to make a statement."

"The presiding judge... We believe that there is nothing inappropriate in using a high degree of probability, which is a clear rule of proof for civil evidence, to judge Zhang Dahu's case."

“The most important core point of using this proof rule is to see whether the evidence is sufficient and which party’s evidence is relatively sufficient.”

"When Qian Wei tried this case, he did not consider that there would be problems with Chen Meixia's confession, so he used the civil proof rule of high probability to make the judgment."

"So what we think is that Qian Wei did not use the wrong laws and regulations..."

"We ask the presiding judge to take this into consideration before making a judgment."

Su Bai frowned slightly and retorted: "Does the defendant's attorney think this judgment is correct?!"

Faced with the questioning, Liu Jun remained silent and did not speak.

Boom!

The gavel of Ren Far East was struck.

"Prosecutor, please pay attention to your speech in court and do not interfere with the normal process of the trial."

"A little reminder here."

"Good judge."

After Ren Yuandong finished reminding him, he turned his attention to the defendant's seat.

“The collegial panel has learned about the application of the defendant’s attorney ad litem.”

"Does the defense attorney have any other issues to address?"

"Presiding Judge, we have no other questions that need to be stated."

Boom!

"Both parties have nothing to say, so the court will be adjourned for now!"

"The court will convene in an hour and the trial will continue."

Boom!

With the dull sound of the gavel falling, the trial came to an adjournment.

The three members of the collegial panel left the bench.

In the court hearing, Liu Jun looked at Qian Wei calmly and said nothing.

Qian Wei also knew that his performance at the trial might be a bit bad.

But in that case, he really had no other expression.

Because this kind of inquiry is a dead end, and there is no better way to solve it.

If Chen Meixia can answer it well, then there will be no problem.

But he didn't expect that when Chen Meixia faced Su Bai's questioning, she panicked for a moment and answered completely wrong, allowing the other party to seize the opportunity.

"I don't know how to judge..."

I hired Liu Jun as my defender, so there should be no problem in acquitting me in this case, right?

Hmm... it should be no problem.

Qian Wei cheered himself up in his heart, but it could be clearly seen from his face that he obviously lacked confidence and looked a little nervous. He looked at the seat of the trial platform and didn't know what he was thinking.

On the other hand, compared to the defendant, both the prosecutor and the prosecution seemed relatively relaxed.

Guan Tong and another colleague compiled the materials together and prepared to continue the trial defense in an hour.

Li Xuezhen looked at Su Bai with bright eyes.

"Lawyer Su..."

"The court is adjourned!"

Su Bai nodded: "Yes! The court is adjourned."

"Lawyer Su...how do you think the verdict will be announced after the trial begins?"

"I feel like the defendant's lawyers are pretty good this time..."

Su Bai sorted out the litigation materials in his hand, then smiled and said:

"Then do you think it is the defendant's lawyer who is better, or me?"

Li Xuezhen's face was serious: "Of course it's Lawyer Su."

"In my opinion, there are only two types of lawyers, one is Lawyer Su and the other is other lawyers."

Su Bai smiled and continued to speak, answering Li Xuezhen's last question:

"There is a high probability that Qian Wei will be judged after the trial."

"But based on the current situation, if you want to determine that the referee has violated the law, there is still a small shortcoming. He may first determine a fact."

"fact?"

"Well, it is most likely that the wrong legal regulations were used. Because in this trial, the prosecutor and we both made the same defense, that is, they believe that it is highly probable and should not be applied to the trial of Zhang Dahu's case."

"Just from the discussions of Chen Meixia and Qian Wei, it is shown that Qian Wei knew who advocated and who provided evidence, and also believed that Chen Meixia's evidence was slightly insufficient."

"It is highly probable that whose evidence is relatively sufficient to determine who wins the case. Obviously, Qian Wei's determination is not accurate, so there is a high probability that the legal regulations used are wrong."

"Then what...?"

"Then?" Su Bai smiled slightly: "After this judgment, Qian Wei will definitely go in to eat in a big pot, but we need to see how many years he will eat."

Li Xuezhen nodded heavily: "Oh, it's clear!"

Thinking silently in your mind: +++++++1!

.

….….

at the same time.

In the collegial court discussion room.

Ren Yuandong, Yin Wenhui and Tang Lin, as members of the collegial panel in this case, discussed the verdict of this case.

“As for this trial, it has now entered the second stage, and all parties have completed their defenses.

The Provincial High Court handed over this judgment to our Intermediate People's Court, which is a sign of trust in our Intermediate People's Court.

The court's decision to appoint us as judges is also a recognition of us. Now that we have defended ourselves, what do you two think of this case? "

Ren Yuandong glanced at the two people in front of him and asked.

Yin Wenhui spoke after taking the test for a few seconds: "Based on the existing evidence, there is obviously something wrong with the defendant."

"Although it is not subjective, the facts and laws and regulations based on it are wrong... There should be no problem with this judgment, right?"

"There is no problem, and I think there is no problem. Zhang Dahu, that case is simply nonsense based on a high degree of probability."

"Who doesn't know that although this high degree of probability is very commonly used in court trials, it is also a very vague legal definition?"

"Sometimes it's a bit unscrupulous...Forget it, let's not talk about it, let's not talk about it anymore, let's just discuss this case."

Tang Lin shook his head, sighed, and asked another question by the way: "Presiding Judge Ren, do you think there is a problem with this judgment?"

Ren Yuandong smiled and shook his head: "I don't think there is any problem with this judgment. The main reason why I didn't announce it on the spot is to ask for your opinions."

"If there is a disagreement, it's better to discuss it."

"I didn't see the defendant today. Because he did not listen to the opinions of the other two judges and made his own opinion, he is now the defendant."

"What if something happens if I don't ask you two for your opinion?"

Ren Yuandong smiled and made a joke.

Yin Wenhui and Tang Lin both smiled.

"Since Nandu has accepted this case, it means that Qian Wei must have some problems.

Maybe I often did this kind of thing in the past, not taking the law seriously all day long, but this time I just encountered a hard problem and was caught by the supervisory department. "

"President Ren, you are different. We all have a reverence for the law, and that situation will definitely not happen."

"Judge Ren, you are worrying too much. Even if you decide directly, there will be no problem."

"Haha...Xiao Tang is right!"

Ren Yuandong smiled and nodded.

"Then since there is no problem, let's judge it like this."

"OK, all right."

"no problem."

Yin Wenhui and Tang Lin nodded at the same time.

After the three people discussed the verdict of the trial, they studied the details and other parts of the case.

Awaiting the continuation of the case.

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