As a Lawyer, You Sent the Judge In? Chapter 221

Chapter 221 What are you talking about? Come on, come on, you continue to argue?

 In the court hearing room.

　Du Ming remained silent.

 The cases he has tried, large and small, generally speaking, have encountered many situations.

However, this can be used as a supplementary party to the accusation.

 It is relatively rare to propose an increase in punishment with reasonable grounds and determine that the circumstances are serious.

This Su Bai actually brought it up at the trial and determined that the circumstances were serious? !

Isn't this a direct attack on him? I think the sentence recommended by the prosecutor is too short, and I want him to spend two more years in jail!

Du Ming was feeling angry in his heart.

Su Bai noticed Du Ming's gaze and frowned slightly. Who was he looking at?

 Xiao Li, compare with him!

regret? The path I chose to take, isn't it right for me to sit in the dock now?

After Li Xuezhen's eyes fell on Du Ming, it was obvious that Du Ming's face turned darker.

 At the bench of the judge, Xu Hao banged the gavel and continued the trial of the case.

“The prosecution has completed its supplement.”

“Now let the defendant Ma Wu or the litigation agent make a statement.”

 There are three defendants in this trial, namely Ma Wu, Du Ming, Fang Shijun and Feng Xiang.

Ma Wu's litigation attorney glanced at Ma Wu.

 Based on the evidence provided by the prosecutor, Ma Wu was charged with perjury and abuse of power.

 Different from Du Ming and the two law enforcement officials.

 The evidence submitted by the prosecutor against Ma Wu includes the prosecutor's confession and the direct evidence submitted by the testing department personnel that can kill him.

 There is no point in pleading in court.

 The chain of evidence is complete. If you want to refute it, you can't refute it at all. No matter how much you say, it has no meaning.

As a former public prosecutor, Ma Wu is very clear about this, so the litigation request expressed to the litigation lawyer is:

 “Pleas guilty and accepts punishment, and gets a lighter sentence.”

Ma Wu's litigation lawyers also made statements in accordance with Ma Wu's entrustment wishes during the court hearing.

“Presiding judge, our client is very clear about his criminal behavior and realizes his mistake.”

“To commit criminal acts, one is also inspired by others, has a certain subjective growth, and explains one's own problems at the first time.”

 “Be sincere in your confession and provide timely feedback on what you know.”

“We request the presiding judge to consider this aspect and give our client a lighter sentence.”

“Presiding judge, the above is our defense in court.”

Ma Wu's attorney made a brief statement.

 In this type of criminal sentencing, the prosecutor has sufficient evidence.

The best way for a party involved is to plead guilty and accept punishment, leaving a good impression on the presiding judge, who may even give a lighter sentence in terms of sentencing.

only.….

After the entrusted lawyer finished his statement, Ma Wu raised his head and looked at the public prosecutor's seat with complicated eyes.

 I fell into deep self-blame and endless regret.

He lowered his head and said nothing, and there was no color in his eyes.

 After Ma Wu's attorney completed his statement, Xu Hao looked at the other two law enforcement officers.

 Fang Shijun and Feng Xiang.

“The defendant, Ma Wu, pleaded guilty and punished at the trial, and admitted his crime. The collegial panel has learned about Ma Wu's candor and guilty attitude.”

“Now, let's invite the defendant Fang Shijun and Feng Xiang's attorney to make a statement.”

 Fang Shijun and Feng Xiang defended their innocence, unlike Ma Wu.

 Ma Wu is that the prosecution has definite evidence and a complete chain of evidence.

And their crimes can be refuted, and there is a certain chance that they can plead not guilty.

 There is an essential difference between the two sides.

 Lin Shen, the lawyer appointed by the two men, began to state when faced with Xu Hao's inquiry:

“Presiding judge, we are conducting a not guilty defense. Our main defense opinions are as follows.”

“First of all: we do not agree with the abuse of power alleged by the prosecution.”

“According to the definition of abuse of power: it refers to using one's own functions to do certain “illegal and disciplinary” things for abuse, or exercising one's own functions for profit.”

 “In this case, the specific process is as follows.”

“At that time, our two parties confirmed Qin Bao's criminal behavior after filing a case with Anyao Group.”

“Here is a premise, which is that Qin Bao's criminal suspicion was confirmed when the case was filed at that time, and he will not plead now.”

"continue."

“Two of our parties arrested him.

  is within the scope of our functions.

 It did not violate our authority.

 We admit that we committed illegal behavior at the time, but this illegal behavior violated executive regulations and law enforcement regulations.

 We are willing to accept administrative penalties. "

“But we do not believe that there was an abuse of power, and we hope that the prosecutors can look at it from this point of view.”

“Presiding judge, the above is our defense.”

 After hearing Lin Shen's answer, Xu Hao looked at Du Ming.

 In this trial, there are three defendants, which means three charges are required.

Regarding Ma Wu's confession and punishment, Xu Hao said that his workload has been reduced a lot.

 It's just this...the law enforcement side is a bit tough!

 In fact, in Xu Hao's determination and the determined facts, did the law enforcement parties abuse their powers?

 There must be one!

 It's just….

Although Xu Hao made this certification from his personal point of view, the law pays attention to the integrity of evidence and defense, and everything is based on evidence and legal applicability.

The next trial still needs to see how the prosecutor carries out the prosecution.

“The prosecutor please state or submit the criminal facts or legal explanations for Fang Shijun and Feng Xiang.”

"OK."

Cao Xue nodded and dug out the lawsuit materials about Fang Shijun and Feng Xiang.

Then he said: "We do not agree with the statement of the defense lawyer."

“The first point is that when the person involved was arrested, he did not receive specific notice, nor did he inform the person involved.”

 “From this point of view, this does not comply with the corresponding process.”

 “To a certain extent, this is already illegal.”

“Because the parties concerned, as citizens, have the right to know what laws and things they have violated.”

 “These are things you need to inform when you are arrested.”

“Based on the above, we believe that the two defendants abused their power.”

Facing the prosecutor's question and the two points raised, Lin Shen immediately retorted: “I would like to ask the prosecutor.”

“The prosecutor believes that our criminal behavior was because we violated relevant laws and failed to follow the corresponding legal procedures.”

“But when the prosecution stated this.”

“What I have always said is that we did not follow the legal process.”

 “But what is the legal process?”

 “What is the conduct of our client?”

“Our client followed the corresponding instructions to deal with Qin Bao.”

"The two parties involved took measures after the Anyao Group called the police." "From this point on, the two people were arrested in the process. Is there any problem?"

  “If we interpret it from this perspective, there is no problem at all.”

“According to the prosecutor's statement, the two individuals only violated relevant management regulations, but did not commit any criminal acts, nor did they abuse their powers.”

“After all... according to the prosecution's statement, Fang Shijun and Feng Xiang abused their power.”

“But can arresting a criminal suspect who should be arrested be called an abuse of power?”

 “I don't think this is possible.”

“Having said that, why did the prosecutors rely on the above points to define my two clients and think that they abused their power?”

 “Did either of them accept the gift?”

“Did the prosecutor's investigation reveal that the two individuals had the purpose of abusing their power?”

“In other words, what does the prosecutor believe is the important direct evidence that the two individuals abused their power?”

“Based on the above points, it can be clearly discovered that our client did not abuse his authority, but acted inappropriately, which caused certain consequences and a series of adverse effects.”

“I would like to apply for the prosecutor to drop the charges against us because the charges against us are completely unfounded.”

Lin Shen's statement completely revolves around “authority”.

 Elaborating on the situation of Fang Shijun and Feng Xiang based on the definition of authority, is it an abuse of authority?

 At this point, Lin Shen's explanation has no legal effect or not.

but!

 The effect in the live broadcast of court hearings is very good.

Cao Xue looked at Lin Shen calmly. Before he could speak to refute, Su Bai raised his hand to supplement.

 The hammer sounded, and after receiving the consent of the presiding judge, Su Bai began to make a statement.

“I don't agree with the views of the lawyer appointed by the defendant.”

 In Su Bai's view, Lin Shen's explanation was entirely from the side.

Why do you say that?

Lin Shen only elaborated from the functional point of view, but did not explain it from other aspects.

 The most critical point was not mentioned at all - who asked Fang Shijun and Feng Xiang to go to other provinces?

Fang Shijun and Feng Xiang didn't talk about this, right?

Fang Shijun and Feng Xiang did not mention this point, so it was already clear that they were the main culprits this time.

 Anyao Group has filed a case.

 Yes, that's right, a case has been filed.

 But does this have anything to do with your authority?

  It doesn't matter.

 After filing a case, you should enforce the law in accordance with the relevant regulations. This is a normal process and compliance behavior. This is your authority.

But if you don't enforce the law in accordance with the relevant regulations, doesn't this exceed your own authority?

 Abuse of power also falls within this aspect of the definition.

 Do Fang Shijun and Feng Xiang have law enforcement rights outside the province?

No!

 If you don't have the power to enforce the law, why are you arresting people?

 And what identity did you use to arrest people?

 You are using your identity as a law enforcer, right?

There is no law enforcement power, but you use your identity as a law enforcement officer to arrest a person who is just filing a case. No one notifies you to arrest him.

 The coordination is not completed, so you rush over to arrest people.

How should this be punished?

If it's not a crime of abuse of power, how about a crime of kidnapping in public?

 Furthermore, Lin Shen has always emphasized that the two people only violated relevant management regulations and did not commit abuse of power.

 In fact, the two people not only violated relevant management regulations, but also committed abuse of power!

Su Bai continued: "In response to the lawyer's statement entrusted by the defendant, I just want to ask a few questions here."

“First: Why did the defendant fail to follow the established procedures?”

“According to the established procedure, shouldn't we first apply to the higher authorities and then make corresponding processing results?”

 “Who told them to do this?”

“Second: Does failure to comply with management regulations count as a violation of relevant authority?”

“Third: Only by acting in accordance with the law and following the corresponding procedures can we be regarded as complying with our own powers.”

 “Otherwise it would be abuse.”

“The actions of the two defendants were clearly an abuse of their authority because they failed to follow established rules and procedures.”

“Fourth, didn't the prosecutor make it very clear just now?”

“The direct evidence that the two abused their power is that they illegally used their power, which is already within the scope of abuse of power!”

“I don't know what the defendant's attorney wanted to express.”

“But according to the relevant legal provisions, the defendant did abuse his function.”

"There is no doubt about this. Even if the defendant's attorney wants to refute it, can you produce the corresponding legal evidence to prove that they did not violate the law?"

After Su Bai briefly summarized the problem, his eyes fell on Lin Shen.

Lin Shen's rebuttal to Cao Xue, to be honest, does not have much legal definition.

It's just that Cao Xue's previous statement was not clear, which gave Lin Shen a chance to refute.

 That's all.

Faced with several questions raised by Su Bai, Lin Shen was silent for a few seconds...

 Fang Shijun and Feng Xiang on the side did not have a deep understanding of the legal provisions.

 I just felt that Lin Shen's performance just now was very passionate, and there was a high possibility that they would be able to escape guilt.

 The two of them were sitting at the defendant's seat, keeping their eyes on Lin Shen, gesturing for him to continue speaking.

 Continue to refute...continue to fight against the prosecutor.

but.…

Lin Shen knows how much he weighs, and he is just a performing criminal lawyer.

Precisely….

　　It is said to be very glamorous at the court hearing, but in fact it does not have much legal "effect".

 Otherwise... he wouldn't have been invited by Fang Shijun and others to act as entrusted agents.

These questions asked by the other party are very critical. It can be said that they directly hit the key points of the judgment of Fang Shijun and Feng Xiang.

 Can he answer?

cannot.…

  Simply put this issue directly to his client.

“I am a general agent, and I would like to ask the parties to answer questions about the parties themselves.”

  Xu Hao agreed to Lin Shen's request and gave the two parties the right to answer questions.

only.…

 Faced with these problems, both Fang Shijun and Feng Xiang stared blankly.

 I don't know how to answer.…

　　Can only blink hard at Lin Shen.

Lin Shen calmly turned his head and looked at the presiding judge's seat, but not at the defendant's seat.

 Noticing this small detail, Su Bai smiled.

 What a “smart lawyer”!

 Send it in as soon as it's time to send it in. What else is there to talk about here?

PS: Sorry for being late, I was delayed a bit while revising the article...

 Asking for a monthly ticket~

 (End of this chapter)

Chapter end