As a Lawyer, You Sent the Judge In? Chapter 130

Chapter 130: Rage in court

 The three parties to the trial have made their own psychological preparations.

at the same time.

This court hearing is also a kind of pressure for the members of the collegial panel themselves.

 Fortunately, this trial involved overturning the verdict and major criminal liability issues.

 Members of the collegial panel of Jiangdu High Court, with the Vice President of Jiangdu High Court serving as the presiding judge.

 The deputy president serves as the presiding judge.

Already belongs to the high-end match for court trials.

 It is enough to show the importance attached to this case.

And at the administrative level of the vice president of Jiangdu High Court, there will be no major other situations.

 This is also one of the factors that the Jiangdu High Court took into consideration and arranged for the vice president to serve as the presiding judge.

 The time soon came to around nine forty.

Relevant staff walked into the waiting room.

“Hello, the court hearing is about to begin, please come with me.”

"OK."

Su Bai nodded and followed the staff into the court hearing. Li Xuezhen followed Su Bai quickly.

 All parties enter the court.

 It's approaching ten o'clock.

  Accompanied by the clerk's announcement of court discipline.

"one:.…."

"two:.…."

"three:.…."

"Four:.…."

 After the court discipline was read out, one sentence: "Everyone stand up!"

 “Invite the presiding judge and judges to enter the court.”

 Shuashuashua, all members stand up.

Clerk: "Presiding judge, all personnel have arrived. The court discipline has been read out, and it is in compliance with the opening of the trial."

"OK."

 At the presiding judge's seat, the presiding judge banged the gavel!

 “Everyone, please take a seat.”

 “The court is in session!”

Presiding judge Wang Jianjun sat down after banging the gavel.

 The two judges beside him, Zhou Yun and Zhu Chaoyang, also sat down.

After the presiding judge Wang Jianjun finished speaking, other people in the courtroom also sat down in their seats.

Su Bai raised his head slightly.

 Look towards the presiding judge's seat.

This time the collegial panel has a large lineup of members, including a vice president and two members of the judicial committee.

 In ordinary cases, the chief judge or the deputy chief judge usually serves as the presiding judge, which is considered a high priority.

  It can be seen.

Jiangdu High Court attaches great importance to this case.

And with the deputy president of Jiangdu High Court as the presiding judge, there will be almost no other situations in the trial.

Situations like the last case involving Chu Lei will never happen again.

 Withdraw your gaze.

 On the court hearing stage.

Presiding Judge Wang Jianjun slowly spoke:

“Now that the court session has begun, we will check the information of the parties and ask all parties to state the identities of the persons appearing in court.”

 “Ask the litigant to state the identity of the person appearing in court.”

Su Bai: "Okay, chief judge."

 Su Bai presented information during the court hearing.

 Off the field.

 Since it is a public trial, the trial will be broadcast live.

In Luo Daxiang's live broadcast room, old fans started to comment excitedly when they saw Su Bai reporting the identity of the litigant during the court hearing.

“Teacher Luo, is Lawyer Su in the trial again this time? Oh my god, it's so exciting! Lawyer Su's production must be a high-quality one. Who is Lawyer Su going to send in this time?”

 “Hahaha, the impression is stereotyped, send people in, it fits the image of lawyer Su!”

“While the newcomers are still asking who the lawyer is in this trial, the old fans are already looking forward to this trial and what will happen next!”

“Absolutely awesome! To be able to say something like this upstairs, you must have watched Lawyer Su's trial... Hahahaha!”

“Plus 1 plus 1, every time I watch Lawyer Su fight a lawsuit, the most anticipated part of the trial, especially the live broadcast, is to see who is sent in... and to angrily yell at the judge and other lawyers in court!”

"Yeah.…."

"Okay, okay, everyone, stop talking now. I think the most important thing is to let Teacher Luo tell us the specific circumstances of this trial first. We haven't figured out the specific circumstances of the trial yet, so don't be presumptuous. draw conclusions.”

“Yes, yes, that's the most important thing. Teacher Luo, please tell me the specific situation…”

Luo Daxiang glanced at the content in the comment area with a smile and said:

"Um!"

“As usual, let's talk about the specific circumstances of this trial first.”

“This trial is an old case.”

“To put it simply, it means re-examining old cases... helping the wronged criminal suspects to clear their names and reverse their convictions.”

 Soon, Luo Daxiang gave a general statement of what he had learned about the case.

 After finishing the statement.

  There were a lot of comments in the comment area.

"No, I feel there is something wrong with this case. How could an eighteen-year-old do such an impulsive thing and kill someone? So brave...?"

“Who knows, it's normal for young people to be bold, but the key point is that Lin Haoxue did not plead guilty in prison, and denied it in court, with repeated confessions. I think this is the most interesting thing.”

 “Isn't it a big mistake??”

“Hahaha, everyone, stop thinking nonsense, watch the trial, the trial is the most direct and clear!”

 Luo Daxiang looked at the content in the comment area and nodded slightly:

"Yes...the court hearing is the most intuitive and clear. It will be good for everyone to understand the content from the court hearing."

“Okay, let's continue reading.”

in addition.

 Jiangdu, in a certain community.

 Hu Yulong was also watching the live broadcast of the trial nervously.

If this case is overturned...

  It has a considerable influence on him.

 That's why he seemed so nervous when he learned that the High Court was conducting a retrial.

 Because he knows exactly what this case is about...

"Why-"

 Hu Yulong rubbed his eyebrows, took a deep breath, and stared at the live broadcast of the court hearing.

 I am afraid that some other problems may arise.

 At the court hearing.

 Identity information verification completed.

 Presiding judge Wang Jianjun continued:

“Identity information verified.”

“This trial is composed of a collegial panel composed of presiding judge Wang Jianjun, judge Zhou Yun, and judge Zhu Chaoyang. Do all parties have any objections or apply for recusal?”

Su Bai: “No objection, no application for recusal.”

 Yan Xiangshang: “No objection, no application for recusal.”

 Hong Jiantu: “No objection, no application for recusal.”

Wang Jianjun continued: “No party has objections and will not apply for recusal.”

  “The cause of action is hereby announced:”

“The appellant in this case is Lin Haoxue. The reason for the appeal is: it is determined that the first-instance judgment was erroneous, and we request a new judgment. We believe that there is a problem with the factual basis, and that the evidence provided by the law enforcement party is wrong, and we apply for accountability.”

“Is the cause of action true...?”

Su Bai said: "It's true."

 Dong dong dong!

“The cause of the case is true, please submit the claim to the court now.”

“Lawyer representing the litigant, you can now begin to state your claim and factual basis...”

 “A good judge.”

"Presiding judge, before making a statement, I would like to give a general description of the case and apply for a statement."

“Yes, but you must not describe it objectively or based on facts. If you make any untrue remarks, the trial bench has the right to interrupt your statement and reject your lawsuit application.”

 “Do you know this?”

"Okay, presiding judge, I understand." After the application was approved, Su Bai took a deep breath and described the general process of the case.

 “The general history of the case.”

“Six years ago, our client Lin Haoxue left home to go out with his classmates. At about 9:20 in the evening, on his way home, he passed an alley and found a female body.”

 “No surveillance, no cameras.”

“After reporting the case, the police identified our client, Lin Haoxue, as a criminal suspect through investigation.”

“The evidence recognized is as follows:”

“First, the body was in the corner of the alley at that time. After a visit and investigation, we found that there were several people coming and going, but no one found the body. However, it was discovered by Lin Haoxue. I think this is a suspicious point.”

“Second, Lin Haoxue had wounds on his body that day, and they were scratches. It was determined that the wounds were caused by the victim's resistance.”

“Third, there are doubts about Lin Haoxue's confession. During repeated questioning, the confession was not consistent, so it was determined that there were certain problems with Lin Haoxue's confession.”

"fourth.…."

Regarding the accusations against Lin Haoxue and the incident, Su Bai slowly spoke and listed them one by one.

 These are all doubtful points found out from the files of the first instance and the judgment of the first instance.

 There is no falsehood.

Then, after Su Bai finished his statement, he spoke again:

“Presiding judge, based on the findings and judgment of our side in the first instance, we filed the following litigation application in the second instance.”

“One: We believe that the first-instance judgment lacked a large amount of strong evidence to judge Lin Haoxue. There was no strong evidence of crime, and the first-instance judgment did not comply with the judgment regulations.”

“Therefore, we apply to revoke the first-instance judgment and sentence Lin Haoxue not guilty.”

"Two: In a large amount of evidence, we have seen that some evidence provided by law enforcement parties is significantly different from the facts, lacks a strong factual basis, and has relatively strong subjective determinations. We believe that the law enforcement parties have You must be at fault and you need to compensate us.”

"Three: Because we were wrongly convicted, we were detained for six years and missed our own life. We request the court of first instance to compensate us for our wrongful conviction, a total of 3,726,800 Ninety-five dollars and seventy-eight cents."

"Four:.…."

 The remaining points are lawsuit applications for compensation, public apology, and restoration of reputation.

 After finishing the statement.

Su Bai raised his head slightly and looked at the judgment seat.

At the presiding judge's seat, Wang Jianjun frowned slightly.

 He had already understood the general history of this case before.

I also understand that this case is a difficult one because it involves many other aspects.

 That's why the court asked him, the vice-president, to sort out the case as the presiding judge.

Looking at it now

Su Bai put forward so many conditions for litigation.

If ordinary court staff are allowed to preside over the trial, they may not dare to make a judgment directly.

After listening to Su Bai's statement, Wang Jianjun placed the materials he had prepared in advance in front of him.

 Following.

 Hit the gavel.

 Dong dong dong!

 “The litigant has completed its case.”

“Now let's invite the prosecutor and the accused's lawyer to make their statements.”

“Now please let the prosecutor start the lawsuit statement.”

Facing the presiding judge's questioning, Kong Jiantu understood the case and could not say much.

After all, it was a case six years ago and he was not involved. Whether there are any problems in it has nothing to do with him.

 He just needs to maintain a neutral attitude during the trial.

Kong Jiantu sorted out the materials on the case and said:

“The prosecutor believes that there are indeed doubts in this case, but whether to revoke the judgment of the first instance needs to be based on the evidence and facts.”

 “The litigant has completed its presentation.”

“Now please let the attorney of the accused party make a statement.”

Yan Xiangshang took a deep breath. He was not sure how to judge this case.

  But one thing is certain:

This case must not lead the problem to them, saying that there is something wrong with the evidence they provided...

It would be a big problem if the judgment of this issue was left to them.

Yan Yan glanced upward at Su Bai at the litigant's seat, and slowly said:

“I think the accusations made by the litigant against us are seriously inconsistent with the actual situation.”

“The litigant believes that we are negligent and at fault, but we do not agree with this point.”

“We apply for the litigant to reject our accusation and request that the litigant apologize to us in court for seriously damaging our image.”

 Tsk tsk.…

　　It's really tough!

 Now that this situation has happened, you are still saying that it has seriously affected your image, so do you want to apologize to you in court?

no.…

If I don't have evidence or a certain factual basis, do I dare to make such a claim in court?

Definitely not!

 But you want me to apologize now?

Su Bai looked at Yan Xiang... This kind of lawsuit request is really powerful to be able to express it.

 Thick-skinned.

but.…

 At present, the trial defense has not officially started.

This kind of litigation request made by the other party is within the normal scope.

but!

 You wait until the defense is over and try again to see whether it is your words or my trial evidence that is stronger!

 The three parties' litigation applications have been stated.

 At the judgment seat.

Wang Jianjun banged the gavel: “All parties have completed their presentations and now begin to present factual basis and defense.”

“Litigation party, you apply for innocence. Now please state the reasons for your innocence.”

 “A good judge.”

Su Bai nodded slightly and then spoke.

“Our reason for finding innocence is that the evidence is insufficient and cannot meet the requirements for convicting our client, Lin Haoxue, of his crime.”

“We have already made a statement on the basis of the first-instance judgment and the entire case, and will not make further statements.”

"above."

“The history of the case and the evidence and factual basis provided by law enforcement cannot convict us.”

“For example: The conditions for law enforcement to determine that we are a criminal suspect are:”

“We passed through that alley, and many people passed by it, but why was it that we were the only ones who found the female body... This is used to identify us as a criminal suspect.”

  “We do not agree with this point.”

“First of all, this approach does not comply with the legal basis. To accuse a suspect on a legal basis means to make an accusation based on clues based on facts.”

“Use the above statement to accuse us. As a suspect, this is completely nonsense.”

"We found a female body, and then what? Others may have discovered it because others did not pay attention. We may have discovered it because we were more careful in our daily walking habits. There are no factual clues to confirm it. It is reasonable to suspect this, but Which domestic law is this accusation based on?”

 “Does not comply with any laws and regulations!”

“Furthermore, the charge of the first instance and the prosecution was that our client assaulted the victim and brutally killed him,”

  “I strongly disagree with this point.”

“According to the statement of the first-instance judgment, the fact that we have committed a crime was confirmed based on our confession and the side confessions of some other people, including some subjective judgments.”

"But there is no strong evidence to prove that we violated the victim and brutally killed him."

“Can the accused side show that we have strong evidence that we violated the victim and brutally killed him?”

"No!"

“Then why should we be handed over to the prosecutor and prosecute us?”

“According to Article 55 of my country's Criminal Procedure Law: emphasis is placed on evidence and less on oral confessions.”

 “Especially in the judgment of some particularly serious crimes.”

“If there is no strong evidence to prove that a crime has been committed, then a verdict of not guilty should be made.”

"also!"

“The most important point is that our client's confession is repeated and there is no confirmed confession. Why should it be used as evidence in the trial?”

“Does this comply with the process and regulations of court judgment?”

“Presiding judge, what we refer to are the omissions in the first-instance judgment and the doubtful points in the file. We have finished our presentation.”

　　After Su Bai finished his statement, he looked quietly at the judgment seat.

This court trial.

 There is no doubt that Lin Haoxue is not guilty.

but.…

 This case was decided six years ago and there were many omissions.

Su Bai needs to slowly reveal these missing points.

Facing Su Bai's anger and questioning in court, Yan rubbed his eyebrows upward.

 Appears to have an extra headache.

 As the accused's lawyer, his litigation goal is to prevent the other party from winning the case.

 But look at the current situation...

Whether he can cope with it is another matter...

 Sighed deeply.

 I realized that I had to bite the bullet...

  Yan looked up at the materials in front of the seat, waiting for the presiding judge's questions.

 PS: Please give me a monthly ticket.…

 (End of this chapter)

Chapter end