You became a lawyer and sent the judge in?

In this case, the two most critical points have been decided.

Then, there is no longer any problem with the verdict of miscarriage of justice.

Conditions for achieving the crime of miscarriage of justice.

1: Wrong application of law.

Two: Subjective intentionality.

Three: Judges.

Two judgments and one condition have been achieved.

Next comes the key issue of prison term!

On the bench, Ren Yuandong looked at the litigation materials, simply sorted them out, and then breathed out softly.

This case is almost over here.

All that's left is to look at the specific matters and sentence Qian Wei.

Looking at the specific matters, it is very simple, namely the final court statement.

Boom, boom, boom!

Ren Yuandong looked around, banged the gavel, and said: "The referee's decision on Qian Wei's violation of law has been completed."

"Now all parties are invited to make court statements..."

"Prosecutor, please begin your court statement."

The completion of the judgment means that Qian Wei's crime has been confirmed.

Guan Tong took a deep breath and looked at the court seat: "Presiding judge, our court report is as follows:"

"Based on the consequences of the crime of miscarriage of justice, Qian Wei's judgment was wrong, and the personal losses caused to Zhang Dahu have exceeded 100,000 yuan, up to 400,000 yuan, according to legal provisions."

"Qian Wei's intentional ruling affects the trial and causes huge losses to the parties, so he should be sentenced severely."

"The prosecutor recommends a sentencing of three years in prison, and we ask the court to adopt it."

"Presiding judge, the prosecution has finished its statement."

Guan Tong's court statement had only one purpose, and that was to get Qian Wei the punishment he deserved. Three years in prison was just right.

Boom!

Ren Yuanfang banged the gavel: "The prosecution has finished its statement. Now let's ask the defendant's client to make a statement."

Liu Jun took the litigation materials from his assistant, flipped through a few pages, and said, "Okay, presiding judge."

This time the trial has ended, Qian Wei is certain to be sentenced, but in terms of criminal liability, the sentence will be lighter or more severe.

Heavy

It may take several years, or even a suspended sentence for minor cases.

Liu Jun has studied Qian Wei's case a lot, and he also knows where to start the court statement to be more conducive to Qian Wei's sentence.

Clarify your thoughts and start stating:

"Presiding judge, our court states as follows:"

"We have no objection to Qian Wei's judgment."

"The focus is on Qian Wei's judgment and punishment. Qian Wei's judgment on Zhang Dahu's case was indeed wrong in some aspects."

"But... As a judge, you, the presiding judge, know that there are many things that need to be considered when judging a crime."

"Qian Wei was also the presiding judge. He may have considered and taken into account more things."

"First of all, regarding the judgment, Qian Wei's judgment does have certain problems, but he did not accept gifts, nor did he commit any other illegal or criminal acts."

"From this point of view, Qian Wei's responsibility is very small. It is just a small mistake and subjective favor that led to a wrong judgment."

"We believe that the punishment against Yu Qian Wei should be lenient. The law has no mercy. As a judge, you, the presiding judge, should be able to better understand Qian Wei's mood when he sentenced him."

"Presiding Judge, we have finished our statement."

Su Bai:? ? ? ?

The law is ruthless but the people are kind...

Well, well said, very well said!

For a person who has violated the law, how can we say that the law is ruthless and people are compassionate?

The law is the fairest and has no mercy.

Are you here to make the presiding judge empathize with a criminal suspect like Qian Wei?

Tsk tsk.…

For a moment, Su Bai didn't know whether Liu Jun really wanted the presiding judge to consider from Qian Wei's perspective, or whether he wanted to unseat the presiding judge Ren Yuandong.

After hearing Liu Jun's court statement, Ren Yuandong frowned slightly, but he still banged the gavel.

"Now I invite Qian Wei, the defendant party, to make his final statement."

"OK.…"

Qian Wei took a deep breath, knowing that with the verdict of this trial, he had no hope of being acquitted, so he could only ask for a reduction in the sentence.

The key is his statement.

"Presiding Judge, my statement is very simple."

"As for the verdict in Zhang Dahu's case, I admit that I am guilty.

I know that the judgment I made has a bad impact on the parties involved.

I now deeply reflect on the fact that my behavior was wrong. "

"Through this trial, I also learned about some of the bad claims about my behavior."

"In Zhang Dahu's case, I did not do well. I now formally apologize to Zhang Dahu."

As Qian Wei spoke, he bowed deeply toward the prosecutor's seat, and then continued to speak.

"Although I said I made a wrong judgment, in fact, my original intention... was to achieve a fair judgment and to hope that the elderly could get the compensation they deserve... but I did not expect that I had committed some illegal acts. .”

"To be honest, my intentions were good, but my process and actions were wrong."

"But no matter what, my final result was a serious mistake."

"No matter what verdict the court imposes on me, I will fully accept it."

"However, I still hope that the court can take into account my starting point and my purpose and deal with me appropriately."

"This ends my statement. Thank you to the presiding judge and to the members of the collegial panel."

Su Bai understood... Co-author Liu Jun, the defendant's attorney, and Qian Wei were the defendants. The parties had already discussed how to make court statements.

Want a reduced sentence?

Use court statements to achieve reduced sentences or probation?

Su Bai frowned slightly, then relaxed his brows and looked at the defendant's seat with a smile.

Boom!

"The defendant's court statement has been completed, and the prosecution is now invited to make its final court statement."

"Good judge."

Su Bai nodded slightly. If the other party wanted to play the emotional card, he would have to make a statement from a legal perspective.

Especially... I remember how arrogant Qian Wei was at the trial.

Such judges should be punished by law.

Must be severely punished!

"Presiding judge, our court states as follows:"

"First of all, we believe that there are certain problems with the statements made by the defendant's attorney ad litem."

"I cannot understand what was stated by the defendant's attorney ad litem. Qian Wei's illegal judgment in Zhang Dahu's case was just a small mistake and a favor."

"The law is strict, and a small mistake may have serious consequences and impact."

"Besides, what do you mean by a small mistake?"

"A small mistake caused Zhang Dahu to bear a debt of 400,000 yuan."

"As a judge, can Qian Wei imagine how unaffordable 400,000 yuan would be for Zhang Dahu's family?"

"The defendant's litigation attorney made this matter so easy. Was he speaking from the defendant's perspective, or was he speaking from his own perspective?"

"Or maybe you are used to being aloof and think 400,000 is not worth mentioning?"

"Favor cannot be defined by law, but the law is also not a choice in dealing with favors."

"Is the law personal? Is the law defined by Qian Wei?"

"no!"

"If not, why would Qian Wei use the law as a favor?!"

"besides.…"

"Can the defendant's litigation attorney explain what it means that he was the presiding judge before and could know Qian Wei's situation?"

"One is a judge and the other is a defendant suspect. Is there any connection between the two?"

"also!"

"The law is ruthless and people are ruthless. The reason why the law is ruthless is because of the fairness of the law."

"The law gives everyone present an equal opportunity. Whether you are a powerful person or a civilian, you all enjoy legal fairness in accordance with the law."

“Can a human being be so sentimental as to despise the fairness of the law?”

"Can the so-called so-called sophistication of people be enough to violate the rules and trample on other people's legal rights?"

"cannot!"

"What is the purpose of the structure of the law? It is to create an equal right."

"Qian Wei, as the presiding judge of Zhang Dahu's case, based on his own subjectivity, knew that this case was related to his friend's relatives, and he had the right to enforce the law."

"What did the casual disregard of the fairness of the law in sentencing cause to Zhang Dahu?"

"What resulted was an unfair legal verdict!"

“It’s caused by flaws in the rule of law!”

“In law classes, we often hear teachers say that one unfair trial is worth ten crimes.”

"Has anyone ever thought about the consequences if Qian Wei's decision is confirmed?"

"The consequence is that in the absence of evidence, the court can make a judgment based on the experience of this trial: The old man was not knocked down, why did you help him?"

"So in court, what kind of attitude is there towards those who are truly brave and do good things with good intentions?"

"Wouldn't it chill these kind-hearted people?"

"And when they face such a question, how should they explain it?"

"I explained that I was helping people with good intentions, but the court ordered a compensation of 400,000 yuan. The result is that no one will help."

"Is this what Qian Wei said that his starting point was good but the process was illegal?"

"The law is about letting good people take the blame and seeking benefits for those who accuse malicious accusers, right?"

"If his starting point is good, as a judge, why doesn't he uphold the justice of the law?!"

"Why do you think so?"

"Is it possible that he evaluates the law based on his preferences and favors?"

"Is that fair to the person involved?"

"unfair!"

"At the same time, I also want to ask the defendant."

"Defendant, I would like to ask you to ask the court to consider commuting the sentence as appropriate because you are worried that your sentence is too severe and that staying in it for a long time will have a bad impact on you, or because you have really reflected on it and why you are in it. Do you regret everything you did during the trial?"

"What you call a fair judgment is that you don't look at the evidence and make a judgment according to the legal procedure regulations?!"

"So where is your so-called legal fairness? Is it in your mouth or in your heart?!"

"You are just talking here and pretending to be remorseful in order to reduce your sentence. In fact, you are talking about equality under the law, but you are trampling the law under your feet!"

"Ask me again, why?!"

"Why should I be given a lighter sentence?!"

"As a violator of the law, why do you demand a lighter sentence?!"

Su Bai turned around and looked firmly at the presiding judge's seat.

“So we believe that the court statements made by the defendant’s attorney ad litem and the defendant’s parties will not be adopted!”

"We request that the defendant who trampled on the dignity of the law and violated the law be severely sentenced!"

“I believe the collegial panel’s judgment can give our client a fair statement.”

"Presiding Judge, our court statement is complete."

After Su Bai finished his statement, the courtroom was very quiet.

The question reached everyone's ears.

There was no sound in the court hearing for a long time, and everyone's attention was focused on Su Bai.

A few seconds after Su Bai finished speaking, Ren Yuandong knocked the gavel.

Boom!

“After the parties’ presentations were completed, the court entered the adjournment stage, and the verdict was announced an hour later.”

call.…

Su Bai breathed a sigh of relief when he heard the voice of Xiuting.

At this time, Guan Tong gave him an approving look and a thumbs up.

Obviously, Guan Tong agreed with Su Bai's words.

Su Bai smiled and nodded in response.

.

….….

In the collegial court discussion room.

Ren Yuandong and the other two judges looked serious.

Tang Lin suddenly said: "Five years?"

Yin Wenhui rubbed her eyebrows: "It won't be that long. I personally think three years and six months is the best sentence."

"Three years and six months?"

Ren Yuandong spoke in confusion.

"Well! Three years and six months, mainly this case, as a first-instance case, although we can give a slightly heavier sentence.

However, three years and six months was considered as the sentencing method if this lawsuit had a greater impact... "

"If Qian Wei wants to continue the appeal to the second instance, the most important point is that the second instance court needs to consider whether the sentence is too harsh."

"Our three years and six months are just right, neither too serious nor too light. Qian Wei has no new evidence. If he applies for a second instance, his appeal may not be successful."

"Um!"

"OK!"

"Just follow this."

Ren Yuandong nodded and confirmed the verdict, while also thinking silently in his heart: If word of Zhang Dahu's trial spreads, it is really likely to have a huge impact.

at the same time.

Ren Yuandong also agreed with Su Bai's statement that the law is not personal.

.

….….

Soon, the adjournment ended and the court reconvened.

Ren Yuandong, Tang Lin, and Yin Wenhui stood on the court hearing stage.

Boom!

Ren Yuandong: "Now announce the result of the trial."

Clerk: "Everyone stand up and ask the presiding judge to announce the result of the trial!"

Swish, swish, swish.

At the court hearing, all members stood up.

He stared at the seat of the presiding judge.

Ren Yuandong began to announce the verdict: "The cause of this case:"

"In response to the unfair trial of the Zhang Dahu case by the defendant Qian Wei as a judge, he was prosecuted for the crime of perverting the law."

“This court has the jurisdiction to hear this case, and all applicable laws shall be in accordance with domestic laws.”

"The verdict is announced below:"

"After the collegial panel studied and decided to initiate a public prosecution for the crime of perverting the law proposed by the prosecutor."

"Based on the crime of miscarriage of justice in Article 399 of the Criminal Law:"

"In civil administrative trial activities, deliberately violate the facts and the law and make wrongful decisions."

"If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention."

"If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years."

“Based on the judgment and the evidence submitted, Qian Wei was found guilty of civil and administrative abuse of law.”

"Qian Wei was sentenced to three years and six months in prison."

"And, because Qian Wei's illegal judgment resulted in illegal judgment results and procedures, that is, the Zhang Dahu case that he judged was revoked."

“All the defendant’s claims are dismissed!”

"This case is a first-instance judgment. If the party Qian Wei believes that the judgment is contrary to the facts, or there are any problems in the wrong application of the law, he can proceed with the above in accordance with the law or submit it to the relevant department for supervision and review."

"The judgment will be sent to all parties within ten days."

Boom!

The gavel fell, and the sound was clear and loud.

"Closed court!"

Ren Yuandong's voice fell, and the trial came to an end.

In the defendant's seat, Qian Wei had a complicated expression.

Three years and six months? !

The sentence is so severe!

He will definitely continue to appeal and will not give up until he is given a suspended sentence!

You can even appeal for innocence!

Although he said at the trial that he was repentant, his actual purpose was to get the court to sentence him to a suspended sentence.

But if the court doesn't rule that way...then he will definitely continue to appeal!

at the same time.

In the witness seat, Mrs. Chen Meixia Chen sighed.

He turned to Li Zhuang and asked, "Does this judgment mean that Zhang Dahu's compensation to us is gone?"

Li Zhuang nodded: "No, Mom."

Chen Meixia looked regretful: "Can I still get it back?"

Li Jun stood aside and shook his head: "It probably won't work."

"Why--"

"What do you mean this lawsuit is about?"

"Why can't it work?"

"Then this lawsuit has nothing to do with us, right? Can we leave?"

"able.…"

"Well! Let's go then. We can discuss it when we get back. If it doesn't work out, let's forget it."

Chen Meixia waved her hand and asked Li Zhuang to help her prepare to leave the court.

At this time, Li Xuezhen turned her attention from the defendant's seat to Chen Meixia, Li Zhuang, and Li Jun.

+1+1+1+1…

Delightful!

PS: Please vote for me~