As a Lawyer, You Sent the Judge In? Chapter 241

Chapter 241 reminds the collegial panel to pay attention! Explosive counterattack!

 At the judgment seat.

As the presiding judge of this trial, Ma Qiao was in a dilemma as to how to make a verdict.

 The current situation is—

The prosecutor has already forced the prosecution and he needs to make a judgment, but...

How to decide this case?

To be honest, judging from the current correct situation, it can be decided, but the verdict will definitely be reversed later.

If the verdict is overturned later, he will definitely overturn it himself...

If the other party initiates a supervisory review, what should you do?

 So this case faced too many adjudication issues, and Ma Qiao was not sure how to deal with it for a while.

after all.…

  How to put it, at the beginning, he thought that the case should not be judged casually.

If the prosecutor can produce strong evidence, it will not have much impact if he is a little biased.

 But this case is still in trial...

 The prosecution does not have an advantage in terms of evidence or legal defense.

If he insists on making a judgment, he knows very well what the result will be.

　　Although it is said that someone has said hello...but saying hello is still a greeting. The judgment is related to oneself.

Can't you just say hello and take the blame for me?

impossible!

Can you ignore the greeting above? Certainly not.

 So what we are facing now is a small problem, to prove that I have tried my best.

 There is nothing wrong with you if you try your best, right?

Take a deep breath and clear your mind.

 At present, if the trial wants to convict Xiao Haibo, the only way is to obtain illegal evidence.

 Where does the illegal evidence come from?

 The source of illegal evidence can only come from witnesses.

Ma Qiao banged the hammer, looked at Xia Guangming in the witness seat, and asked:

“Witness Xia Guangming, do you have anything to add?”

 Faced with the presiding judge's inquiry, Xia Guangming was a little at a loss because it was different from the script he got...

This case.…

 In the beginning, he did not want to make accusations.

 The reason why he testified against Xiao Haibo was because people from Wanli Co., Ltd. found him.

 Tell him that as long as he chooses to accuse, his principal and interest will be returned, and an additional amount of money will be given to him.

 Otherwise, even if the court enforces the case, Wanli Co., Ltd. can continue to litigate with him repeatedly, which can drag on for at least two or three years.

 Two or three years is too long and he cannot afford to delay it.

 Furthermore, the other party has made it very clear that they don't know if the company will still have money after two or three years.

　　By the time he delays it, he may even lose his principal.

 You must know that the money he invested was all the money he, his wife and family could raise.

 Having no other choice, Xia Guangming had no choice but to press charges.

 But he didn't know what to do about the accusation.

So, according to what the legal affairs department of Wanli Co., Ltd. told him, he should say how to say certain words, how to express how to express them.

 In fact, he also accomplished the above points.

 But the current situation is that the presiding judge came again and asked himself if he had anything to add...

 He can't add anything!

Only if he wins this court case can he get his money. If he doesn't win the case, he still won't get his money back!

And he also saw the situation at the trial, that is, the accusation against Xiao Haibo seemed to be very weak.

what to do?

 If you can't win the case, you won't get the money!

Xiao Haibo felt a little anxious.

At this time, Ma Qiao continued to state the question just now:

“Witness Xia Guangming, do you have anything else you need to add?”

"For example...during the original trial, did Xiao Haibo forge any documents or induce you to make some untrue statements in the court hearing?"

“These untrue statements are not subjectively untrue on your part, but are untrue and inconsistent with the actual situation.”

 “Are the above situations true?”

Su Bai:? ? ?

 What do you mean by asking questions one after another? Is it a hint?

Xia Guangming was about to speak when Su Bai cut him off: "I would like to remind the witness."

“Your confession will have legal effect in court, so you also need to bear corresponding responsibilities and legal obligations.”

“The court and prosecutors will verify the witness's confession and need to produce corresponding written evidence and review evidence.”

“If a witness's testimony is proven to be untrue, criminal measures will be taken.”

Su Bai had been paying attention to Xia Guangming's expression, and could see that he was hesitant.

 So Xia Guangming pointed this out when he was preparing to speak.

Xia Guangming was stunned for a moment when he heard Su Bai's words, and then shook his head: "Presiding Judge, I have nothing more to add."

The hammer struck, Ma Qiao nodded, and then said: "The witness has nothing to add. Does the prosecution have anything to add?"

Shi Xiujie shook his head. At this point in the case, it all depends on the judgment of the presiding judge.

"No."

“Since neither the prosecutor nor the witnesses have anything to add, the trial will be adjourned for now.”

“The court will be adjourned for one hour, and the trial will resume after one hour.”

 Finished.

 Ma Qiao left the court hearing together with two other members of the collegial panel.

 At the court hearing.

Su Bai breathed a sigh of relief, raised his head and saw Shi Xiujie's slightly proud face. He smiled slightly and continued to organize the litigation materials.

 After the adjournment this time, the trial should be announced.

 Judging from the evidence currently available, if the court convicts Xiao Haibo, it will definitely be crazy about gain and loss.

　No one would dare to judge like this...

at the same time.

Since this trial involved the frame-up of a lawyer, especially a well-known lawyer in the Nandu District, it also attracted the attention of the Nandu lawyer circle, including the lawyer circles in surrounding provinces and cities.

 Those who watched the live broadcast of the trial this time included many lawyers, court workers, and relevant personnel involved in the legal circle.

 There were a lot of doubts in the barrage of the live broadcast of the trial.

"Hiss... The supervisory department in Chongqing City pretends that everyone has never studied law, right? They asked nonsense questions at the trial. Everyone is a lawyer. Who the **** can't see what the calculation is?"

“To be honest... I think the purpose of this trial is to make Xia Guangming perjury and then accuse the defendant!”

“I've heard this abacus trick in Nandu!”

“Yes! The key point is that this trial is outrageous. Why was it prosecuted? Didn't the prosecutor carefully review this case to see if he could convict the defendant?

 According to relevant regulations, if there is insufficient evidence or the crime is relatively minor and there is no criminal intention, the prosecution should be dismissed. "

"Xiao Haibo's case has fully reached the point where the prosecution should be withdrawn. Isn't this just nonsense using this confession and some other evidence to prove that the defendant committed perjury?"

"Ahem... I watched the live broadcast and saw what was going on in the courtroom. Why do I feel like there is something wrong with the prosecutor in this trial?"

"Haha...what if there is a problem? Since he can conduct a public live broadcast of the trial, he should accept the supervision of public opinion. If this kind of case is judged, which foreign lawyer will dare to go to Chongqing to litigate in the future?"

"If you go to this kind of judicial environment, if you win the case, you will be locked up. Who wouldn't be afraid?"

“Okay, okay, everyone, stop arguing. Judging from the current situation, it is far from reaching the level of judgment... Waiting for the court session, keep watching!”

at the same time.

  In the collegial court discussion room, Ma Qiao and two other judges were sitting on the sofa.

 The other two members of the collegial panel are Li Huan and Wang Mo.

Li Huan, Wang Mo and Ma Qiao were all greeted by the three collegial panel members during this court hearing.

Li Huan rubbed his eyebrows: "Judge Ma, how should this case be judged?"

“The evidence provided by the prosecutor is a bit poor now. This case... is not easy for us to handle..."

“Should we suspend the trial and let the prosecutor sort out the evidence before filing a trial proceeding, or should we directly impose a verdict in this trial?”

Wang Mo on the other side retorted: "If there is anything difficult to deal with, there is no need to suspend the trial. Just sentence it directly. I think the current evidence is enough."

  “That's enough?”     “Yes!”

Wang Mo nodded seriously: "What is the most important content of this trial?"

“According to what the defendant party stated, the most important thing is whether Xiao Haibo's behavior affected the outcome of the judgment at that time.”

“I remember that during the first-instance lawsuit, didn't Xiao Haibo present a piece of evidence?”

“I remember that the evidence seemed to have been accepted by the civil judge of the First Court, and it was about Xia Guangming's views on illegal fund-raising and Wanli Co., Ltd.”

“This trial can be based entirely on this evidence. Wouldn't it be better if the witness directly changes his story and the prosecutor can bring it up at the trial?”

“This is a live trial, not a closed trial, so we can't be blamed for everything, right? We only need to make judgments based on this point. When the time comes, we will have evidence to make judgments, and nothing will fall on us..."

“Also... we can't let us take the blame for everything, otherwise, we will also be traced back to us in the follow-up investigation.”

“In this case, let's contact the prosecutor and let the prosecutor and the witnesses speak. Then we will act according to this...”

 “Judge Ma, is it okay to sentence like this?”

Ma Qiao was silent for a few seconds and did not speak.

When Wang Mo saw this, he said to Li Huan: "This way we can communicate with each other without any impact."

 “Just do it this way…”

 Soon, Ma Qiao nodded to confirm the matter.

Seeing this, Wang Mo sent a message to Shi Xiujie, giving a few hints.

At the same time, during the recess, Shi Xiujie also found an opportunity to tell Xia Guangming about this matter.

Xia Guangming hesitated a little: "The defendant's lawyer said this... If you make a fuss, you will go to jail."

Regarding Xia Guangming's concerns, Shi Xiujie only said one thing: "If this trial fails, you will now be suspected of making false accusations."

Xia Guangming looked troubled, gritted his teeth, and finally nodded, agreeing with Shi Xiujie's approach.

 Xiao Haibo's case will soon be heard again.

At the court hearing, Su Bai originally thought that a verdict was about to be made.

 Unexpectedly, there was a reversal. Prosecutor Shi Xiujie once again presented a new piece of evidence.

Su Bai:? ? ?

In his opinion, this case has now entered the final stage. As long as both parties have completed their court statements, the judgment can continue.

Who would have thought that there would be a big reversal?

Su Bai's eyes fell on Shi Xiujie, no, what is this?

 Propose new evidence? !

Su Bai retorted in court: "We request cross-examination!"

 The evidence was originally obtained from Xia Guangming's confession, so Shi Xiujie was not worried at all.

As long as Xia Guangming answers well and bites the bullet to death.

 Then basically there is no big problem.

Faced with the consent of the court, Su Bai changed his story about Xia Guangming——

Xiao Haibo, as Xia Guangming's attorney, brought up this piece of evidence during the lawsuit.

 The general content is whether Xia Guangming knew that Wanli Co., Ltd. was illegally raising funds.

Xia Guangming initially answered that he didn't know, but at the trial, he suddenly changed his mind and said that Xiao Haibo told Xia Guangming to tell him that he knew at the trial.

 And it was Xiao Haibo who asked Xia Guangming to say this when he brought it up at the court hearing.

 Xiao Haibo was also very confused about this sudden situation.

 No matter what he does, he cannot get his client to answer such a question.

 Obviously!

This lawsuit was just to get him in, so this kind of illegal evidence was provided!

Of course, Su Bai knew this very well, so he raised cross-examination in court.

 According to Article 47 of the Evidence Provisions, evidence must be submitted for cross-examination by the parties involved.

 The general meaning is that if the party concerned agrees with the evidence, then the evidence is legal.

 If the party does not agree with the evidence, then the prosecutor must provide corresponding evidence to make the party agree with the evidence.

  In other words, the court directly determines the reasonableness of the evidence through the corresponding basis submitted by the prosecutor.

 The cross-examination process also protects the legitimate rights and interests of the parties to a certain extent.

 Cross-examination session.

Xiao Haibo said: "President, I do not agree with the question raised by the witness, and I refuse to admit it."

“I never told Xia Guangming and asked him to state at the trial that he knew or did not know that Wanli Co., Ltd. was illegally raising funds.”

"This is obviously Xia Guangming's slander against me. I request the court to investigate this point."

At the presiding judge's seat, Ma Qiao breathed a sigh of relief, finished sorting out the litigation materials, and looked at the defendant's seat.

“Defendant, what is your basis for not admitting this?”

"The reason why I don't admit this is because I have never said such a thing."

“Never said it before? Can you guarantee the accuracy of what you said?”

 “I can guarantee it!”

Xiao Haibo raised his head and looked at the presiding judge.

Li Xuezhen on the side frowned, also looked at the seat of the trial bench, and couldn't help but whisper:

"Lawyer Su... Isn't it too obvious what the presiding judge is targeting?"

 “What shall we do...”

Su Bai took a deep breath. The presiding judge's statement was indeed very obvious, especially this issue.

what to do.…? !

We don't want to get angry overnight. Those who can fight in court should fight back in court!

Su Bai raised his hand, and then said: "Presiding judge, according to the cross-examination process, the evidence that our client does not admit requires the prosecutor to present corresponding evidence to prove the legality of the evidence."

 “Otherwise it is an illegal act.”

“According to relevant regulations, evidence must be provided by the prosecutor, and the source must be provided and the legality of the evidence must be provided.”

“In the case of Xia Guangming's oral confession as a witness, the confession has not been verified, so it will not be adopted as a condition of judgment against our client according to law.”

“I don't know why the presiding judge asked our client whether he could guarantee the accuracy of these words.”

“But the presiding judge should know that the confession evidence has not been proven and cannot be admitted. If this is the case, why does the presiding judge still question our client?”

“Shouldn't the prosecutor and witnesses be asked?”

 “Or is it that the presiding judge doesn't know this?”

“If you don't know this, I have stated it now, so I hope that the presiding judge should inquire about the legality of the source of the evidence.”

“Instead of questioning our client when the evidence is obviously unreasonable.”

“I would like to remind the collegial panel that the trial cannot be advanced in an illegal manner.”

“If the first-instance court tries us with illegal procedures, then I will make corresponding demands in the second-instance court.”

“Give our client the due legal rights and statutory obligations!”

 The statement is completed.

Su Bai moved his eyes away from the litigation materials and stared directly at the collegial bench seat.

 A blind question, right?

Alright, OK... Wanli Group is located in Xiushui District. You made the verdict today, so I will take this case to the High Court, right?

 The High Court will never have this kind of situation, right?

 Even if you give the verdict today and I lose the case, but I am not convinced, I still have to submit it to the High Court.

 The High Court is not enough?

Then I will take this lawsuit to the Supreme People's Procuratorate and the Supreme Court!

Since the court of first instance was unreasonable, Su Bai had nothing to say except to give him a hard fight from a legal perspective.

 As for the collegial panel's hard verdict, what should Xiao Haibo do?

 It is nothing more than wasting some time and having another second trial, or wasting some more time.

 What he loses is time, and the other party also loses time.

 It's nothing but free time.

 PS: Please give me a monthly ticket~

 (End of this chapter)

Chapter end