As a Lawyer, You Sent the Judge In?
Chapter 112: Famous scene, questioning the judges!
Chapter 112 Famous scene, questioning the judges!
In the waiting room.
Chu Lei's expression looked a little nervous and he took a breath.
This lawsuit is for him.
Very important.
After all, this time it was the Supreme Court that instructed the Nandu High Court to retry the case.
If you lose the lawsuit.
Then there may be no chance in the follow-up.
Su Bai saw Chu Lei's nervousness and smiled to indicate that he didn't need to worry.
Now that you have entered the court hearing, you only need to do your best for the rest.
Facing Su Bai's comfort, Chu Lei breathed a sigh of relief, and the pressure in his heart suddenly eased a lot.
Waiting in the waiting room for about twenty minutes.
It’s almost ten o’clock in the morning.
Preparing for the eve of court.
Relevant staff came to the waiting room.
“Hello, it’s almost time for the court session. Please get ready and get ready to enter the court.”
"OK, thanks."
Su Bai stood up and kept up with the staff.
Li Xuezhen followed Su Bai closely with excitement on her face.
.
….….
In the court hearing room.
Three parties entered the court.
The prosecution, the accused Fang Qin Xiaofeng, the entrusted defense lawyer Jiang Min, and the victim Su Bai.
In this case, Su Bai is the victim’s lawyer and the prosecutor together with the prosecutor, exercising the right to prosecute the crime.
to be honest.
As the public prosecutor, the prosecutor exercised its main charging function against Qin Xiaofeng.
As the victim, Su Bai also has the right to accuse, but in general, the prosecutor has a greater say than the victim.
Of course, there are exceptions to everything.
After all relevant persons from the three parties have entered the court.
The clerk begins to read out court discipline and court procedures.
"one:.…."
"two:.…."
"three:.…."
"Four:.…."
“.….…”
After the reading was completed, the clerk continued: "The court discipline and related matters have been read out. Please invite the presiding judge and judges to enter the court."
"All rise!"
.
At the court hearing, everyone stood up.
The presiding judge and two judges walked to the hearing table.
Su Bai stared at the judgment seat.
Judge: He Hui, presiding judge: Zhou Qiangsheng, judge: Zhang Guangquan.
啧….
He Hui….
Li Xuezhen looked at the judge on the trial bench, her eyes shining brightly.
Judge, He Hui!
This time...Lawyer Su should be famous...
After taking a small breath, Li Xuezhen turned her eyes to the seat of the trial platform and stared at it closely.
Seat at the judgment seat.
After the three members of the collegial panel took their seats, He Hui circled the court hearing scene.
After noticing the excited eyes of the victims, Su Bai and Li Xuezhen, especially Li Xuezhen, he frowned slightly.
But he didn’t wait to think about it.
Presiding judge Zhou Qiangsheng banged the gavel.
“Please all sit down, the court is now in session.”
“Now we will verify the identity of the prosecutor, the victim, the accused party and the defense lawyer, and now ask the prosecutor to state the identity of the people appearing in court.”
The prosecution's trial lawyer is a man in his thirties, accompanied by an assistant lawyer.
After hearing the words of the presiding judge, the prosecutor quickly reacted: "Okay presiding judge."
“Identity of persons presented by the prosecution.”
“Public prosecutor Zheng Lijun, assistant lawyer Han Ming.”
Dong dong dong!
After the prosecutor stated his identity during the trial, the presiding judge looked at Su Bai's seat and Jiang Min's seat to ask about the identities of those who appeared in court.
soon.
The identity information of all personnel has been verified.
Zhou Qiangsheng banged the gavel again.
“Now that all the identity information of the trial personnel has been verified, our Nandu High Court will conduct a retrial of the murder case of Lu Ying in accordance with the instructions of the Supreme Court.”
“This case will be heard by Nandu High Court.”
“Members of the collegial panel, judge, He Hui, presiding judge Zhou Qiangsheng, and judge Zhang Guangquan.”
“Whether the three parties to the lawsuit have applied for recusal.”
Prosecution: “No objection, no application for recusal.”
Jiang Min: “No objection, no application for recusal.”
Su Bai took a deep breath, knowing that the critical moment of the trial had arrived.
Hands up: “We have objections, and we apply to all members of the collegial panel to recuse themselves!”
Audience:? ? ?
Application for recusal.
Moreover, he applied for the recusal of all members of the collegial panel.
Isn’t this offending the judge in court?
Three people were offended at once.
This Su Bai is so bold...?
After Su Bai finished speaking, he looked towards the judgment seat.
Just kidding, we are acting in accordance with the law, so we are not afraid of the judges.
If you are afraid, you will definitely not win this lawsuit.
Each simply apply for the recusal of all members of the collegial panel.
.
….…
Seat at the judgment seat.
Zhou Qiangsheng looked a little unhappy. After all, he was also the presiding judge, so he directly applied for the recusal of all members of the collegial panel, which made him a little uncomfortable.
So he said calmly:
“Su Bai, the lawyer entrusted by the victim, what objections do you have and what are the reasons for applying for recusal?”
Su Bai didn't pay much attention to Zhou Qiangsheng's emotional changes, and slowly said: "Presiding Judge."
“We believe that the judges violated Article 30 of the Criminal Procedure Law—
The avoidance of case handling personnel who violate prohibited behaviors.
That is, we apply for the judges to recuse themselves! "
He Hui frowned slightly on the bench.
Knowing that Su Bai was talking about him, he looked straight at Su Bai and rubbed his temples.
At this time, the presiding judge Zhou Qiangsheng said: "Please entrust a lawyer to the victim to state the facts."
“A clear statement indicating which judge violated which rule.”
“Please explain clearly why you want to apply for the recusal of all members of the collegial panel.”
“A good judge.”
Su Bai looked at the materials that had been sorted on the table and continued:
“Presiding Judge.”
“Judge He Hui, a member of the collegial panel, violated the prohibited conduct.”
“According to the provisions of Article 28 of the Interpretation of Criminal Procedure, if a judge has any of the following circumstances, the parties and their legal representatives have the right to apply for recusal.”
“First, violate the regulations to meet with the parties, defenders, and agents ad litem of the case.” “Second, recommend and introduce defenders, agents, or lawyers or other personnel to the parties involved in the case to handle the case.”
"three:.….…"
“.….…”
“The above conduct may affect a fair judgment.”
“Those who violate the provisions on appeal shall be ordered to recuse themselves and be held legally responsible in accordance with the law. The parties and their legal representatives shall have the right to request recusal.”
“Judge He Hui asked our client before the trial and wanted to recommend a good law firm to our client, which has violated relevant regulations.”
“Presiding judge, we are exercising our legitimate legal rights and interests. We also ask the presiding judge and members of the collegial panel to recuse themselves!”
….
All judges recused themselves….
This is a bit awesome...
If this avoidance is unsuccessful, then the result of this court hearing will be obvious, and it must be in favor of the other party!
The lawyers at the trial all felt that Su Bai was a bit fierce...
Not only the lawyers at the trial, but also the viewers outside the court who watched the live broadcast of the trial felt that Su Bai was fierce.
In response to the case of Qin Xiaofeng.
With the popularity on the Internet, not only legal commentators are commenting on this case, but also many lawyers from law firms are paying attention to this case.
There were many people watching the trial online.
Facing Su Bai’s strength, many people called him awesome! It’s so fun!
“Oh, I’ve been reading the court trial website for so many years. I’ve seen over 300 cases if not 800, but I’ve never seen a lawyer so angry with a judge in court.”
“It’s so fierce!”
“Hahaha, I agree with the point above. Me too. It’s the first time I’ve seen a lawyer be so fierce and tough on a judge in court.”
“If this avoidance is unsuccessful, then this case will definitely be lost if there is even the slightest tendency!”
“Indeed, I always feel that the victim was a bit impulsive in entrusting a lawyer... He is still too young and not as safe as an old lawyer.”
???”
“What are you talking about? You don’t know this lawyer, do you? I have watched a lot of live broadcasts of court hearings and met this lawyer several times. Every time he litigates, he is fierce.”
“You say you are too young, I feel you are too conservative!”
“Don’t make any noise, don’t make any noise, let’s continue reading!”
“.….…”
Similarly, Luo Daxiang is also live broadcasting the trial,
He did not expect that Su Bai could be so strong, but since he was exercising his legal rights in accordance with the law, questioning him in court and applying for recusal were also defending the dignity of the law.
It’s nothing wrong…
It's just that this avoidance... does require substantive evidence.
Otherwise, it may affect the victim’s prosecution.
He has not talked with Su Bai about this case and does not know the specific details.
But he knew very well that according to Su Bai's character, since he chose to be tough in person, he must have his own ideas.
There won’t be any big surprises.
Let’s continue reading…
Luo Daxiang thought silently in his heart.
.
….….
In the court hearing room.
At the trial bench, He Hui frowned when faced with Su Bai's accusation.
No... you can apply for recusal, of course there will be no problem.
Then why don't you apply for recusal in advance when the judges are open to the public...?
Do you have to apply for recusal from the court hearing?
And this case, the live broadcast of the trial, became nationally famous.
He Hui suspected that Su Bai did it on purpose!
This point was brought up deliberately at the trial!
Actually, Su Bai did bring it up on purpose.
The purpose is, of course, to bring the deserving people to justice.
.
….…
The atmosphere of the trial was a little bit off, in the trial seat.
Zhou Qiangsheng frowned slightly.
At this time, it shows that there is something wrong with the judge. Isn’t this a slap in the face?
Zhou Qiangsheng said calmly:
“Client lawyer Su Bai, you stated that the judge He Hui violated the prohibited conduct and avoided the issue. Do you have any evidence that the judge He Hui violated the rules?”
“There is a chief judge.”
Su Bai spoke slowly, and then handed the call recording evidence to the staff on the side.
Secret illegal recordings violate the privacy rights of others and may not be used as court evidence.
However, normal call recordings are valid and can be used as evidence.
After Su Bai submitted the recording evidence, the presiding judge Zhou Qiangsheng reviewed the details in the evidence.
content:
He Hui: “Have you appointed a law firm here?”
“You need to appoint a lawyer for the court hearing. If you need it, you can apply for legal aid and the court will make arrangements.”
The rest is what Chu Lei said.
Judging from this content, there is indeed no big problem.
So Su Bai told Chu Lei at that time that this evidence was not considered evidence, but a simple inquiry of Chu Lei.
The key point is this.
Avoidance matters.
He Hui’s inquiry can be used to apply for recusal!
Although there is no substantive evidence to show that He Hui directly recommended lawyers and law firms to Chu Lei.
However, as a client lawyer, he has the right to challenge.
Similarly, the other party has no substantial evidence to prove that the other party does not have this intention.
This is enough.
After Zhou Qiangsheng reviewed the evidence submitted by Su Bai, he handed it over to He Hui.
He Hui’s face was not very pretty. He looked at Su Bai’s seat and said:
“This call record is just me asking Chu Lei if he has entrusted a good law firm. If not, the court can make arrangements.”
“And based on the content of the recording, there is no evidence to show that I recommended lawyers and law firms for the parties in this case.”
“The essence of this matter is that I want the parties to know more about the trial and give me a well-intentioned reminder.”
“The recusal request is rejected and the trial continues.”
Su Bai:? ? ?
A tough one, right?
But whether to reject the request or not, what does it have to do with you...?
“Then let me ask the judge, why do I need to call my client and ask him if he has hired a good lawyer?”
“When we submitted the lawsuit application, it should have stated the client’s law firm and lawyer, right?”
“Did Judge He not notice or not see it?”
“Judge He, do you have any evidence to show that you have good intentions and do not want our client to change law firms and attorneys?”
“Similarly, the last and most important point is, why does Judge He reject our application for recusal?!”
“According to Criminal Procedure, Recusal Procedure, Article 31, the recusal of judges, prosecutors, and investigators shall be decided by the president, the chief prosecutor, and the person in charge of the public security organ respectively.”
“The presiding judge and the judges have no right to decide whether to recuse themselves.”
“I would like to ask the judges, is the decision to recuse yourself a decision made by the members of the collegial panel after a collective study?”
“If so, what is the basis for making this decision? Which laws and regulations are it based on...?!”
“Doesn’t the power of interpreting the law belong to the definition of the law, but lies in the hands of the judges?!”
“I would like to ask the members of the collegial panel to answer my question directly!”
After Su Bai finished speaking, he looked directly at the three judges on the bench.
Zhou Qiangsheng:? ? ?
Zhang Guangquan:? ? ?
He Hui:? ! ?
Personnel at the court hearing:? ? ?
It is really difficult to let Su Bai serve as the client's lawyer!
He Hui had a headache. He knew that Su Bai was difficult to deal with, but he didn't expect it to be so difficult!
This also confirms that his initial thinking was correct, that is, not to let Su Bai serve as Chu Lei's attorney...
It’s just a pity.…
This matter was not completed, which led to the current trouble.
but.…
Who would have thought that Su Bai would really dare to confront the presiding judge and judges of the collegial panel in court!
PS: Please give me a monthly ticket~
Didn’t break it intentionally~
I’ve just finished writing this, so I’m off to type~
This chapter is about a famous scene of a real court trial~
(End of this chapter)
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