As a Lawyer, You Sent the Judge In? Chapter 242

 Chapter 242 Question the presiding judge! Why should you drive me away? !

 At the judgment seat.

 After Su Bai finished his statement, the three judges of the collegial panel felt slightly embarrassed.

Especially Wang Mo who asked the prosecutor and witnesses to give illegal evidence.

alright.…

Now the blame has not been thrown away, but has been thrown back at them.

Wang Mo said something silently in his heart.

The point that Su Bai raised at the trial just now almost directly brought the illegal evidence to the surface.

 If it is adopted...then Su Bai appeals to the second instance.

 To reject the first-instance judgment based on legal procedural loopholes in the first-instance trial.

 In this case, filing a supervisory review will definitely have a significant impact on them.

 But the task above….

Wang Mo turned his attention to Ma Qiao. Ma Qiao frowned and turned his head slightly to glance at Li Huan and Wang Mo.

 The meaning is very obvious.…

 Now that we have reached a deadlock, what should we do?

The person's request is reasonable and there is no fault at all, so we can't make a hard decision, right?

 Hard judgment is not in compliance with legal procedures.

 At the end of the day, the problem is still in their hands.

 So according to Wang Mo's proposal just now, this situation cannot be implemented at all.

Having no other choice, Ma Qiao had no choice but to continue speaking: "Please ask the defendant to entrust a lawyer to pay attention to his emotions."

“The court did not conduct inquiries about the defendant party, but conducted well-founded inquiries.”

“About these court aspects, of course, we must fully understand the facts before we can draw accurate conclusions.”

“The defense lawyer cannot accuse the court of one-sided behavior. Here is a warning, and there will be another expulsion hearing!”

 A warning?

  Is there another eviction hearing?

Su Bai was completely unhappy. Why should he be driven away?

 Is there anything wrong with what he just said?

 No problem!

Su Bai continued to retort: ​​"I would like to ask the presiding judge which laws and regulations he followed in expelling me?"

"The court has the right to intervene in the trial. According to the court rules, the presiding judge has the right to deal with me, but only if I interfere with the normal order of the trial."

 “But equally.…”

“I have the right to defend my client in this lawsuit.”

“I defend my client, what's wrong with that?”

“Challenging the legitimacy of the source of evidence and the link of evidence is an important way to prove the legitimacy of the source of evidence.”

“I would like to ask the presiding judge, in the lawsuit I just conducted, did you interfere with this trial and the normal process of the trial?”

  “I just stated the relevant factual basis.”

"Generally speaking, the first thing the presiding judge has to do is to identify the legal source of the evidence, rather than questioning our client in turn."

“Because this is likely to affect the judgment of the court trial, which is equivalent to affecting the legal rights and interests of our client.”

"As a defender, I am exercising my legitimate right to defend my client during this process. Why should I be warned?!"

 Su Bai's statement has a simple and clear meaning.

　To put it bluntly, the reason why Su Bai could reply to him was in accordance with legal procedures.

 and.…

  It is based on the right to defend the client against the presiding judge's right to intervene in the trial.

 The presiding judge has the right to intervene in the progress of the trial and speak during the trial, as well as other rights.

However, during this process, both the plaintiff and the defendant's attorney have the right to defend the party.

　To put it bluntly, it is the confrontation between the right of defense and the right of intervention.

 In the process of this confrontation...start from the facts and see whose starting point is more legally sound.

 Maqiao: “.…”

 He gave a warning once, but the other party was more serious?

Ma Qiao couldn't help but feel a little angry and said:

“Judge members have the right to intervene in the trial, and the speeches of the defendant's lawyers have seriously affected the progress of the trial.”

“So please appoint a lawyer for the defendant. You are not allowed to speak without permission... Isn't this clear to the lawyer for the defendant?”

Su Bai raised his hand and said, "Presiding Judge, I have something to say."

“In the process of what I just stated, I was exercising my right of defense, defending our client's legitimate legal rights and interests, and fighting for our legal rights and interests.”

“Explained through the right of defense, there is absolutely no problem with the statement I just made.”

“I don't understand why the collegial panel ordered me not to speak due to the progress and order of the trial...”

 “Why am I not allowed to speak?”

“...From the perspective of legal rights and interests, my exercise of my right of defense did not affect the order of the trial.”

“Based on this, how can the collegial panel order me not to allow me to defend myself?”

 “I do not agree with the punishment imposed on me by the collegial panel.”

“I apply to the collegial panel to revoke the warning given to me.”

 Since the court is so biased in this lawsuit.

Let's be direct. He is not afraid to directly testify about the trial issues in the courtroom.

 The right to defense is the legal rights and obligations of the parties and the client.

 The law gives the presiding judge of the court the right to intervene. The right to intervene is the right to intervene, but the right to intervene cannot be blindly interfered with.

As a judge, you, the presiding judge, can warn me for interfering with the trial, but what is wrong with me legitimately exercising my right to defend?

correct!

If you think that I have seriously interfered with the progress of the trial or other matters and kicked me out of the court, then you must provide strong evidence!

This strong evidence cannot be established during my defense process, and the defender cannot be kicked out based on not allowing the defender to speak.

 Because this is equivalent to depriving the client of the party's right to defense.

This is the most crucial point for Su Bai to directly shoulder the presiding judge!

 After Su Bai finished his statement.

Ma Qiao remained silent in the collegial court for nearly a minute.

Ma Qiao looked away from the litigation materials and looked at the defendant's seat.

“The lawyer appointed by the defendant just interrupted the trial officer's questioning of the defendant's client. Does the lawyer appointed by the defendant know the purpose of my questioning of the defendant's client just now?”

“Based on this, I have every reason to exercise the right to intervene!”

 “The warning will not be revoked!”

“The defendant is requested to entrust his attorney to remain silent and not to continue speaking on topics unrelated to this case. I will remind you here.”

After Ma Qiao finished his statement, he knocked the gavel and continued to speak without giving Su Bai any chance: "Now all parties are invited to make court statements."

   “Invite the prosecutor to make a court statement...”     Su Bai: “.…”

 Does this mean that you don't give yourself a chance to speak at all?

What does it mean?

 After scolding yourself for a while, then make a court statement to change the subject?

 Outrageous.…

 It was obvious that Ma Qiao was maintaining his dignity as the presiding judge.

 More importantly...he didn't want to let himself go on about this trial.

However, Su Bai didn't think too much. He was still preparing the court statement seriously and raised his head slightly to look in the direction of the prosecutor.

Prosecutor Shi Xiujie also knew that this trial was somewhat troublesome.

 So you must perform well in court presentations.

 As for which angle to start from, he has already thought about the angle of presentation.

 After sorting out the materials for the statement, Shi Xiujie began to state:

“Our statement is as follows:”

“First of all, regarding this trial, we believe that based on the testimony of the witnesses:”

“The defendant, Xiao Haibo, is suspected of perjury.”

“First of all, from the perspective of the witness's testimony, the witness's testimony was based on the facts, and as Xiao Haibo's client at the time, the witness's oral confession was more targeted and accurate.”

“Secondly….As Xia Guangming's client, Xiao Haibo repeatedly induced and otherwise induced Xia Guangming before the case went to court and trial.”

“It caused a certain degree of misleading regarding the court cases at that time.”

“From this point of view...the prosecutor found that Xiao Haibo had perjured himself and asked the court to make a judgment.”

 “The recommended sentence is two years' imprisonment.”

Shi Xiujie finished his statement, raised his head slightly and looked at the presiding judge's seat, and then turned his attention to Su Bai.

Su Bai noticed Shi Xiujie's gaze and ignored it completely.

 Because of the other party's statement, in his opinion, there was not much legal basis to accuse Xiao Haibo.

“Perhaps I think that no matter what I say, the court will make a decision.”

Su Bai thought silently in his heart and remained silent.

Similarly, he set his eyes on the presiding judge's seat, waiting for the presiding judge to let him make a court statement.

 Be silent for a few seconds.

Presiding judge Ma Qiao looked down at the litigation materials and said: "Now please make a statement on the part of the defendant."

Xiao Haibo heard Ma Qiao's words and turned to look at Su Bai:

“Presiding judge, we will entrust a lawyer to represent you fully in this trial.”

 “I apply for my lawyer to make a statement.”

 Under normal circumstances, it is very dangerous to have full representation in criminal cases, because if you are not careful, you may encounter a reversal of the confession.

 This will have a certain impact on the attorney and may lead to the crime of perjury.

 But in this case.…

As a lawyer who had helped Su Bai before, the entrustment contract signed by Xiao Haibo was a full agency entrustment contract.

Xiao Haibo believed in Su Bai, and Su Bai also believed in Xiao Haibo.

At the presiding judge's seat, Ma Qiao frowned slightly at Xiao Haibo's request, but still let Su Bai make a statement.

“Now please ask the defendant to entrust a lawyer to make a court statement.”

"OK."

Hearing Ma Qiao ask him to make a statement, Su Bai breathed a sigh of relief.

At this point in the trial, it is obvious that the collegial bench has a serious bias.

 The court statement is equivalent to only one process, because the chief judge has already made the main decision in his mind.

 It's just...

As a client and as a friend of Xiao Haibo, I should make a statement and fight for it.

 If you really can't win, just change it to another one...a second trial.

 After sorting out these ideas, Su Bai sorted out the litigation materials, raised his head and stated:

“Regarding this trial, we do not understand the prosecution's accusations in this trial.”

“The biggest piece of evidence relied upon by the prosecution is the testimony of witnesses.”

“But based on the witness's confession, a complete chain of evidence cannot be formed.”

“Moreover, there was no cross-examination on the relevant evidence finally submitted by the witness.”

“What is the evidence without cross-examination?”

 “Illegal evidence!”

“I don't know what the prosecutor's idea is of using illegal evidence to judge our client.”

“But what I am sure of is...if our client is found guilty based on illegal evidence.”

 “Then it's the lack of legal system!”

“What is destroyed is the dignity of the law. The judgment is based on illegal evidence. This is completely an unjust, false and wrong case!”

“Presiding judge, our statement is complete.”

Su Bai's statement caused the court hearing to fall into silence.

 This is already a naked slap in the face.

 Judgment guilty?

　　Okay, okay, there is no problem, but if you are found guilty, you need to produce legal evidence. Do you have the relevant evidence chain?

What?

 You can't produce any legal evidence?

Then what do you judge?

If no legal evidence can be produced, isn't that the same as using illegal evidence to make a judgment? The result of the judgment is also an unjust, false, and wrongful conviction?

This statement completely put the members of the collegial panel on the fire.

 Putting him into a difficult situation.

  If this trial is a closed trial...then the verdict will not have a great impact.

But this trial is a live trial and a public trial. I don't know how many people are watching the content of this trial.

 For members of the collegial panel such as Ma Qiao, it is difficult to make a judgment.

Ma Qiao looked down at the lawsuit materials without saying a word, falling into silence. He didn't know what he was thinking in his heart...

 PS: Please give me a monthly ticket~

 (End of this chapter)

Chapter end