As a Lawyer, You Sent the Judge In?

Chapter 170 Judgment! Wrong application of law!

 At the judgment seat.

Ren Yuandong understood that the main content of this court proceeding was to send the former presiding judge in.

However, he cannot make random judgments, and cannot make judgments without basis that are not based on legal and factual basis.

 Otherwise, Qian Wei today will be him another day.

Even criminal sentences for miscarriage of justice are more severe than civil ones.

However...according to the current court situation, Qian Wei's verdict was a violation of the law.

how to say.….

  The prosecution and prosecution have a certain advantage, and we don’t know how the defendant will use legal regulations to solve the problem later.

Ren Yuandong is sorting out the submissions and defenses of the three parties.

 After finishing sorting, he turned his head slightly and looked at the defendant's seat.

　　咚咚!

“Now we will briefly organize and summarize the defense actions of the parties in the trial.”

“As for Qian Wei’s crime of perverting the law, are the parties’ accusations and rebuttals that Qian Wei intentionally used wrong legal regulations, which resulted in a serious wrong judgment in the case and caused huge impact and losses to the parties involved?”

 “Do the parties have any objections to this point?”

 Guan Tong: “No objection.”

 Liu Jun: “No objection.”

Su Bai raised his hand: "President, we have no objection to this fact, but we would like to add something."

 “Please make a statement from the prosecution.”

 “A good judge.”

“According to the evidence submitted by the prosecution, there was a certain degree of subjective intentionality in talking to Chen Meixia’s close relatives before and after Qian Wei’s trial.”

“I hope the full court will take this into consideration.”

　　咚咚!

“The collegial panel has understood this point. Are there any other questions or content?”

 “No more, presiding judge.”

"OK."

　　咚咚!

Ren Yuandong banged the gavel and began to question Qian Wei:

“Qian Wei, when you were judging Zhang Dahu’s case, the other two members of the collegial panel pointed out that if Zhang Dahu lost the case, there would be insufficient evidence.

 And why do the members of the collegial panel insist on using a high degree of probability when they make a claim in the Civil Procedure Law and provide evidence...? "

 Qian Wei sat in the defendant's seat.

Facing the judgment seat, I hesitated for a few seconds.

As a former presiding judge, Qian Wei obviously knew the purpose of Ren Yuandong’s inquiry when faced with this kind of question.

 Thought for a while.

Qian Weicai slowly spoke:

“According to my judgment, Zhang Dahu’s evidence is obviously not as sufficient as Chen Meixia’s evidence, so I chose to use the civil proof rules with a high degree of probability.”

 “What is your basis?”

“My basis is Zhang Dahu’s performance, and Zhang Dahu’s lawyer client did not fully state the facts and the basis for my judgment during the court proceedings.”

Su Bai:? ? ?

 Are you not sure whether it was stated or not?

 Just a tough talk, right?

Su Bai said nothing and continued to listen to the presiding judge's questioning of Qian Wei.

"Then why did you ignore the flaw in Chen Meixia's mouth...that is, an old man in his seventies was knocked down from behind and was knocked into a coma. It was impossible to see the face of the person who hit him. this matter?"

“What factors did you consider at the time regarding this matter?”

"The reason I considered is... Chen Meixia is in her seventies, and her memory may not be very good. She may have been nervous and said the wrong thing during the trial... This is the reason why Chen Meixia appeared in court as a witness today. In today’s court hearing, the presiding judge can conduct further inquiries.”

Hearing Qian Wei's words, Ren Yuandong turned his attention to Chen Meixia in the witness seat.

 Chen Meixia appeared in court as a witness. This is indeed a bit outrageous. After all, it involves a principle of avoidance.

I don’t know what the Changshi Intermediate People’s Court considered, but the prosecutor had nothing to say, and Su Bai did not take the initiative to raise the principle of avoidance.

Ren Yuandong looked at Chen Meixia on the witness stand and asked:

“Chen Meixia, as a client, can you be sure that your previous confession is true?”

Chen Meixia knew what she should say to benefit Qian Wei at this time, so she spoke slowly:

“Presiding judge, I am old, and sometimes I can’t remember when I said the right thing and when I said the wrong thing…”

“I can’t remember clearly, I can’t remember clearly…”

Chen Meixia waved her hands repeatedly, then looked at her two sons beside her and said:

“Presiding Judge, if you don’t believe me, you can ask my two sons. They also know that I am old and sometimes forget what I say when I open my mouth.”

“Yes, yes, yes, my mother sometimes forgets what she is saying. After she finishes speaking, she can’t remember the last one.”

 “Yes, I can confirm it.”

 Li Zhuang and Li Jun nodded quickly.

At this time, Su Bai raised his hand to signal.

　　咚咚!

Ren Yuandong banged the gavel and signaled Su Bai to speak: "Is there anything the accuser needs to add?"

Su Bai said: "Chen Meixia, the party involved in the case, said that her memory is somewhat forgotten, so why can she remember Zhang Dahu bumping into you?"

“Also, does the person involved, Chen Meixia, remember what happened in the hospital, or can you remember how you fell?”

“If Chen Dahu hadn’t hit you from behind, then why did you frame Zhang Dahu?”

“This involves some very serious legal issues, and the party involved, Chen Meixia, is requested to answer them seriously.”

Chen Meixia hesitated, not knowing what to say for a moment.

at the same time.

Su Bai continued to add:

“During the trial, Qian Wei considered that Chen Meixia might have some confusion in her memory, and realized that there might be some problems with Chen Meixia’s confession, which meant that the evidence presented by Chen Meixia’s side was not sufficient.

 According to a high degree of probability and civil proof rules, the judgment must be in favor of the party with sufficient evidence.

You are aware that Chen Meixia may have some unclear memories in her old age, so why do you still use a high probability to determine that Zhang Dahu loses the case? "

“The defendant is also requested to explain this issue…”

Su Bai’s question hit the nail on the head, directly touching the main artery of Chen Meixia and Qian Wei.

 Liu Jun, who was sitting at the defendant's entrustment seat, frowned and looked at Chen Meixia and Qian Wei with dissatisfaction.

As a former judge, you should know what to answer and what not to answer. If you give the question to Chen Meixia, isn't this giving the initiative to the other party?

 The opponent now has the initiative, and he is now at a disadvantage.

 Liu Jun felt a little dissatisfied with Qian Wei and Chen Meixia.

 Actually, Qian Wei is also very helpless, because he always has to find a reason to evade, otherwise it will be directly determined as intentional.

 The consequences are more serious.

 But he did not expect that Chen Meixia would say this, so Su Bai seized the opportunity.

 Dong dong dong!

 The gavel fell.

Ren Yuandong spoke: "Has the prosecution finished questioning it?"

“Presiding Judge, our inquiry is finished.”

　　咚!

“Okay, let’s ask the defendant and Chen Meixia from the witness seat to answer.”

“One: Chen Meixia, do you still remember how you were hit? Or do you still remember how you fell to the ground?”

“Second: Defendant, when you judged Zhang Dahu’s case, you said that you considered that Chen Meixia might have memory confusion, but why did you still favor Chen Meixia in judging the evidence?”

 “Please ask questions.”

 Chen Meixia realized that she might have said the wrong thing, and spoke slowly and hesitantly: "I don't remember..."

 After Chen Meixia finished speaking, Ren Yuandong focused on Qian Wei.

Qian Wei took a deep breath: "Presiding judge, when I made a high probability decision, I took into account some of Zhang Dahu's actions that went against common sense, not other factors."

　　咚!

Facing Qian Wei's answer, Ren Yuandong glanced at the litigation materials, and then focused on Qian Wei.

Serious voice:

“According to the evidence submitted by the prosecutor, you had phone calls with Li Mu before the trial and after the verdict, and Li Mu was involved in the trial as a member of the plaintiffs.”

“As for Li Mu being involved in the trial, your call records have been retrieved. How do you explain that the judgment was not influenced by Li Mu?”

 “Presiding Judge.…”

"About this...the other party just asked me what I thought about the trial. They didn't directly ask me to help or anything. I just gave a normal response."

“Then how do you explain Zhang Dahu’s leading questions at the trial?”

“I had a general understanding of the case before the verdict. At that time, I wanted to ask Zhang Dahu in-depth. I may have asked some questions in a hurry and did not pay attention to this aspect.

I didn’t realize it during the questioning. After being reminded by the defendant’s lawyer, who is now the prosecuting lawyer, I realized this and then quickly reacted and conducted a normal questioning. "

　　咚咚!     "Inquiry completed."

“Is there anything that the parties to the litigation need to add or state further?”

Prosecution: “We have nothing to add.”

Su Bai: "We don't have any."

Liu Jun frowned and raised his hand: "Presiding judge, we have something to add."

“Invite the defendant’s litigation attorney to make a statement.”

“Presiding judge... We believe that there is nothing inappropriate in using the high degree of probability, which is a clear rule of proof for civil evidence, to judge Zhang Dahu’s case.”

“The most important point in using this proof rule is to see whether the evidence is sufficient and which party’s evidence is relatively sufficient.”

“When Qian Wei tried this case, he did not consider that there would be problems with Chen Meixia’s oral confession, so he used the civil proof rule of high probability to make the judgment.”

“So what we think is that Qian Wei did not use the wrong laws and regulations...”

“We ask the presiding judge to take this into consideration before making a judgment.”

Su Bai frowned slightly and retorted: "Does the defendant's attorney think this judgment is correct?!"

 Faced with questioning, Liu Jun remained silent and did not speak.

　　咚咚!

 Let the gavel of the Far East be struck.

“Prosecutor, please pay attention to what you say in court and do not interfere with the normal process of the trial.”

 “A little reminder here.”

 “A good judge.”

 After the reminder, Ren Yuandong turned his attention to the defendant's seat.

“The collegial panel has learned about the application of the defendant’s attorney ad litem.”

“Does the defendant’s attorney have any other questions that need to be addressed?”

“Presiding judge, we have no other questions that need to be stated.”

　　咚咚!

　　“Neither party has anything to say, so the court will be adjourned for the time being!”

 “The court will convene in one hour and the trial will continue.”

　　咚!

 With the dull sound of the gavel falling, the court hearing came to an adjournment.

 Three members of the collegial panel left the bench.

 At the court hearing, Liu Jun glanced at Qian Wei calmly and said nothing.

 Qian Wei also knew that his performance in the court trial might be a bit bad.

  But in that case, he really had no other expression.

 Because this kind of inquiry is a dead end and there is no better way to solve it.

If Chen Meixia can answer it well, then there will be no problem.

But he didn't expect that Chen Meixia panicked for a moment when faced with Su Bai's questioning, and answered completely wrong, allowing the other party to seize the opportunity.

 “I don’t know how to judge...”

I hired Liu Jun as my defender, so there should be no problem in acquitting me in this case, right?

 Hmm...it should be no problem.

 Qian Wei was cheering himself up in his heart, but it could be clearly seen from his face that he obviously lacked confidence and looked a little nervous. He looked at the seat on the trial bench and didn't know what he was thinking.

 On the other hand, compared to the defendant, both the prosecutor and the prosecution seemed relatively relaxed.

 Guan Tong and another colleague compiled the materials together and prepared to continue the trial defense in an hour.

Li Xuezhen looked at Su Bai with bright eyes.

 “Lawyer Su...”

 “The court is adjourned!”

Su Bai nodded: "Yes! The court is adjourned."

"Lawyer Su...how do you think the verdict will be announced after the trial begins?"

“I feel like the defendant’s lawyers are pretty good this time…”

Su Bai sorted out the litigation materials in his hand. After finishing, he smiled and said:

“Then do you think it’s the defendant’s lawyer who is better, or me?”

Li Xuezhen’s face was serious: “Of course it’s Lawyer Su.”

“In my opinion, there are only two types of lawyers, one is Lawyer Su and the other is other lawyers.”

Su Bai smiled and continued to answer Li Xuezhen’s last question:

“There is a high probability that Qian Wei will be sentenced after the trial.”

“But based on the current situation, there is still a small shortcoming in the judgment of a violation of the law. It may be necessary to determine a fact first.”

 “Fact?”

“Well, it is most likely that the wrong legal regulations were used. Because in this trial, the prosecutor and we both made the same defense, that is, it is highly probable and should not be applied to the trial of Zhang Dahu’s case.”

“Just from the discussions of Chen Meixia and Qian Wei, it is shown that Qian Wei knows who advocates and who provides evidence, and also thinks that Chen Meixia’s evidence is slightly insufficient.”

“It is highly probable that whose evidence is relatively sufficient to determine who wins the case. Obviously, Qian Wei’s determination is inaccurate, so there is a high probability that the legal regulations used are wrong.”

 “Then what...?”

"Then?" Su Bai smiled slightly: "After this judgment is made, Qian Wei will definitely go in to eat in a big pot, but we need to see how many years he will eat."

Li Xuezhen nodded heavily: "Oh, it's clear!"

 I thought silently: +++++++1!

.

 ….….

at the same time.

 In the collegial court discussion room.

Ren Yuandong, Yin Wenhui and Tang Lin, as members of the collegial panel in this case, discussed the judgment of this case.

“As for this trial, it has now entered the second stage, and the defenses of all parties have been stated.

The Provincial High Court handed over this judgment to our Intermediate Court, which is a sign of trust in our Intermediate Court.

The court’s decision to appoint us as judges is also a recognition of us. Now that we have defended ourselves, what do you two think of this case? "

Ren Yuandong glanced at the two people in front of him and asked.

Yin Wenhui took the test for a few seconds before speaking: "Based on the existing evidence, there is obviously something wrong with the defendant."

“Although it is not subjective, the facts and legal regulations based on it are wrong... There should be no problem with this judgment, right?”

“There is no problem, I think there is no problem, Zhang Dahu, that case is simply nonsense based on a high degree of probability.”

“Who doesn’t know that although this high degree of probability is commonly used in court trials, it is also a very vague legal definition?”

“Sometimes it’s a bit unscrupulous...Forget it, let’s not talk about it, let’s not talk about it anymore, let’s just discuss this case.”

Tang Lin shook his head, sighed, and asked another question by the way: "Presiding Judge Ren, do you think there is a problem with this judgment?"

Ren Yuandong smiled and shook his head: "I don't think there is any problem with this judgment. The main reason why I didn't announce it on the spot is to ask for your opinions."

“If there is a disagreement, it’s better to discuss it.”

“I didn’t see the defendant today. Because he did not listen to the opinions of the other two judges and made his own opinion, he is now the defendant.”

“What if something happens if I don’t ask you two for your opinion?”

Ren Yuandong smiled and made a joke.

Yin Wenhui and Tang Lin both smiled.

“Since Nandu has accepted this case, it means that Qian Wei must have certain problems.

Perhaps I have often done this kind of thing in the past and ignored the law all day long. This time I just encountered a problem and was caught by the supervisory department. "

“Presiding Judge Ren, you are different. We all have a reverence for the law, so that kind of situation will definitely not happen.”

"President Ren, you are worrying too much. Even if you decide directly, there will be no problem."

 “Haha...Xiao Tang is right!”

Ren Yuandong smiled and nodded.

 “Then since there is no problem, let’s judge it like this.”

"OK, all right."

"no problem."

Yin Wenhui and Tang Lin nodded at the same time.

 After the three people discussed the verdict of the trial, they studied the details and other parts of the case.

 Waiting for the continuation of the case to be heard.

 PS: Please give me a monthly ticket~

 (End of this chapter)