As a Lawyer, You Sent the Judge In?

Chapter 198 Good guy! You have studied this legal clause thoroughly!

  The nineteenth day of the month.

　　Northern Capital.

Su Bai took Li Xuezhen to the booked hotel in advance.

Since the court session was held on the morning of the 20th, the location was still in Beidu.

 So Su Bai rushed over from Nandu in advance.

check in to a hotel.

At the door of the room, Xiao Li's eyes were intense.

“Lawyer Su, let’s continue discussing this case? It’s okay to exchange materials...”

 Su Bai: .….

 Ahem.…

 Do you want to continue discussing this case with me?

 I don’t know what’s going on in your little head?

"There is nothing further to discuss in this case. Get up early tomorrow and have a good rest."

"profound."

 Snap, the door is closed.

Li Xuezhen returned to her room with a listless face.

.

 ….

 Wait until the next day.

Su Bai finished washing and took Li Xuezhen to the gate of Beidu Intermediate Court.

 This court session is different from the last one.

ˆDue to bad social impact and other reasons.

 This case was heard in closed court.

 There is no media blocking the door.

Before the trial, Su Bai actually thought about holding a public trial in order to prevent other situations from arising.

 But the court rejected it outright.

However, a few days before the trial, he learned that the chief judge of the trial, that is, the presiding judge, was still Song Yuanhui.

So, I didn’t think much about it.

Su Bai looked at the door of Beidu Intermediate Court and smiled.

He also did not expect that in such a short period of time, he would step into the gate of Beidu Intermediate Court so quickly.

Muttering a few words silently in his mind, Su Bai took Li Xuezhen and walked into the court after meeting Chen Bin.

 In the waiting room.

Su Bai, Li Xuezhen and Chen Bin didn't sit there for long before they were brought to the court hearing by the corresponding staff.

 It’s approaching court time.

 All parties are seated, this time the trial is still three-party.

  As the public prosecutor, the prosecutor prosecuted Xie Liang and others for malfeasance in their duties.

 Su Bai is only serving as a third-party accuser to provide supplements and further explanations.

  Or provide corresponding evidence that the prosecution has not found and provide a confession to supplement the legal basis.

At the same time, other debt collectors who broke into Chen Bin’s home were also tried together.

But this time….

As subjects of incidental trials, they also act as witnesses who provide oral statements and provide specific circumstances at the time.

.

 ….….

 At the court hearing.

 The clerk announces the court discipline and other matters of the trial.

 Continue to speak: "Please invite the presiding judge and the judge to enter the court."

The voice fell.

Song Yuanhui and the other two presiding judges walked into the courtroom.

 Looked around.

Seeing Su Bai's face, Song Yuanhui sighed secretly, and then banged the gavel: "The court is now open."

 Subsequently, verification of the court hearing identities of relevant persons began.

 The prosecutors are a public prosecutor and a public prosecutor assistant, namely Wang Jin and Li Ketao.

 While the defendant is at the table.

 In addition to Xie Liang, the defendant also had two colleagues who were working with Xie Liang at the time.

 The two are Li Wanjia and Xu Botao.

The defendant's litigation representative was Jiang Donglin, a lawyer from Beidu Law Firm invited by Xie Liang.

 The identity of the information has been verified.

Song Yuanhui continued: "The court trial identity verification of the relevant personnel has been completed."

“This case will be heard by the Beidu Intermediate People’s Court. The judges are Chief Judge Song Yuanhui, Judge Meng Hao, and Judge Qi Yu.”

“Do the parties have objections to the trial personnel and apply for recusal?”

 Both parties have no objections and do not apply for recusal.

Song Yuanhui nodded.

This time, he served as the chief judge and dragged Meng Hao into this trial as a judge.

 Originally Meng Hao was unwilling.

However, Song Yuanhui told Meng Hao that if he had any objections or had other ideas, he could go to Vice President Li.

Meng Hao was silent on the spot. He even suspected that Song Yuanhui didn't want to do it, but Vice Dean Li asked Song Yuanhui to find the dean!

Song Yuanhui himself will definitely not be able to expose this matter.

Just beat him up and drag Meng Hao into the collegial court.

He didn't believe that Meng Hao would really go to Vice President Li to "protest".

 So, Meng Hao was still participating in the collegial panel this time.

Thinking of this matter, Song Yuanhui smiled and regained his thoughts.

 After all parties have no objections, continue speaking:

“Parties to the trial do not apply for recusal and have no objection to the pre-trial meeting.”

“The cause of action will now be announced:”

“Cause of the case: The prosecutor filed a lawsuit against Xie Liang, Li Wanjia (female), and Xu Botao.”

“The prosecutor believed that the three persons had confirmed their dereliction of duty when exercising the functional rights granted by the relevant departments, so they appealed for the crime of dereliction of duty.”

 “And investigate the corresponding responsibilities.”

“As well as investigating the issue of debt collectors illegally breaking into Chen Bin’s home related to this case.”

“Is the cause of action true?”

 “Yes, Chief Judge, the case is true.”

 After prosecutor Wang Jin finished answering, Song Yuanhui nodded slightly.

“The cause of the case has been confirmed, and the Beidu Intermediate People’s Court will now start hearing this case in accordance with the law.”

“Please ask the prosecutor to start stating the lawsuit application and relevant factual basis.”

 “A good judge.”

Wang Jin nodded. For this case, the prosecution has sufficient indirect evidence and there are no other problems.

 Just give a step-by-step presentation.

Thinking of this.

Wang Jin began to state: "Presiding judge, based on the evidence we submitted, our lawsuit application is as follows."

“As for the debt collector who broke into Chen Bin’s home, we believe that the other party has committed malicious intrusion into other people’s homes and violated other people’s privacy.”

 “Should be tried for the crime of illegally breaking into another person’s house.”

“Recommended sentences: one year in prison for principal accomplices and six months in prison for minor felons.”

.

 ….

“In this case, Xie Liang and three others seriously violated laws and regulations, resulting in dereliction of duty, and have been suspected of committing the crime of dereliction of duty.”

“The prosecution made the following charges regarding the conduct of the three persons:”

“First: After Chen Bin called the police, department communications staff informed Xie Liang and asked him to go to Chen Bin’s home to resolve the dispute.”

“After Xie Liang and three other people arrived at Chen Bin’s home, according to the oral statements of Chen Bin and the debt collector at the time, they learned that Xie Liang and the others did not stop the debt collector.

 Just give a verbal warning and tell the debt collector not to do anything else, and then leave. ” ˆ ˆ “During the course of this series of events, the danger that the party involved, Chen Bin and his mother, suffered under the circumstances was not foreseen. "

“Moreover, Xie Liang and three other people faced repeated requests from Chen Bin and his mother He Lijuan to expel the debt collectors.

Xie Liang and the others did not agree to Chen Bin's request. They only gave an ambiguous response and did not take any other effective actions. "

“This also led to the behavior of Xie Liang and others, which led to the subsequent consequences.”

“This resulted in Chen Bin’s excessive defense, resulting in two deaths, three serious injuries, and minor injuries to many others.”

“In this regard, the prosecutor believes that Xie Liang and three others failed to be fair and resolve disputes when performing their functions, which caused huge consequences and corresponding negative social influence.”

“With this, the prosecutor accused Xie Liang and three others of dereliction of duty.”

"also!"

“Through interviews and investigations, the prosecutor found that Xie Liang knew and had relevant connections with the boss behind the loan company, who was also the boss of the debt collector this time.”

“The call records also show that Xie Liang had three phone calls with the boss of the lending company before arriving at Chen Bin’s home and after leaving Chen Bin’s home.”

“Using this as a clue, the prosecutor believes that this was a dereliction of duty caused by a favor, and resulted in corresponding dereliction of duty and malpractice for personal gain.”

"based on above,"

“We request the court to rule on this.”

“Presiding judge, the prosecution has finished its statement.”

Wang Jin finished his statement and sorted out the relevant litigation materials.

 In this case, the prosecutor conducted many interviews and investigations.

 The results and evidence of the investigation showed that Xie Liang and three others had engaged in improper behavior.

 That’s why the prosecutors launched a public prosecution against Xie Liang and others.

 The evidence in this case is conclusive. From the relevant indirect evidence, there are basically no major problems.

 Meg malfeasance is a large type of crime.

  This includes a series of crimes including abuse of power, dereliction of duty, intentional leakage of confidentiality, negligent disclosure of confidentiality, bending the law for personal gain, dereliction of duty in ruling, bending the law in arbitration, and malpractice for personal gain.

The last time Su Bai sent the chief judge in, it was one of the crimes of dereliction of duty: bending the law for personal gain and bending the law in civil administration.

These crimes of malfeasance mostly refer to illegal and criminal acts committed by judicial management and some administrative department personnel.

 Obviously, in this case, the prosecutor believed that the actions of Xie Liang and the others also constituted the crime of dereliction of duty, and they were dereliction of duty within the crime of dereliction of duty.

The listed criminal evidence is also very complete, and the call records and other matters of Xie Liang and others have been retrieved accordingly.

 After listening to the prosecutor’s statement, Song Yuanhui banged the gavel expressionlessly.

“The prosecution’s lawsuit application has been stated. Now the defendant is invited to make a statement.”

 Liang Donglin, litigation agent of the defendant.

Appear calm when facing the prosecution’s application for litigation and the prosecution’s accusations.

As a lawyer from Beidu who specializes in dealing with administrative crimes and malfeasance in office, he knew that this trial would be difficult for Xie Liang and others.

Just because it is difficult to fight, does not mean that it cannot be fought.

 He had also talked about this case with Xie Liang before and comforted Xie Liang.

 As far as he knows, the main reason for this case is that it has caused serious consequences.

 That's why he was prosecuted.

 For this point, Jiang Donglin knew very well in his heart how to fight.

　　How to win the case?

 After hearing the presiding judge ask the defendant to make a statement.

Jiang Donglin placed the litigation materials prepared in advance on the table and began to make his statement.

“Presiding judge, we do not agree with the prosecution’s accusation against us.”

  “The following is our view:”

“First of all, the subjective manifestations of the crime of dereliction of duty in the crime of dereliction of duty are: due to the perpetrator’s negligence, overconfidence or leaving the post without authorization, etc.”

“The objective manifestation is that the actor caused significant losses to public property and people’s interests because he failed to perform his functions and responsibilities.”

“Necessary conditions must be formed both subjectively and objectively to constitute the crime of dereliction of duty.”

“Among them, the crime of dereliction of duty has the following characteristics.”

“First: Whether the perpetrator has subjectively neglected his duties, which means that the perpetrator can foresee that serious consequences will occur due to his improper functions.”

 “The second one is that it has caused serious consequences.”

“The first thing that needs to be discussed is the subjective situation of our party, that is, the perpetrator.”

“According to relevant evidence provided by the department:”

“On the same day, when Xie Liang received a call from the department, he hurried to the address reported by Chen Bin with two other people.”

“During this process, Xie Liang and others acted quickly, and the entire process took no more than 20 minutes.”

“After arriving at the scene, according to our client’s description, this is what we saw.”

“When Xie Liang and three others arrived, Li Fei and others stood at the door of Chen Bin’s house and insulted Chen Bin’s mother He Lijuan.”

“There is no beating, insult to dignity or restriction of personal freedom.”

 “In accordance with relevant laws and regulations and department-related laws and regulations:”

“Insults, behavior that does not involve personal injury, can only be mediated, and there is no legal obligation to expel.”

"As for mediation, Xie Liang and others did mediate at that time, conducted general inquiries on both parties, and warned Li Fei and others."

“From a functional perspective, Xie Liang and others have already done their job well.”

“That is, we believe that Xie Liang and others did not neglect their duties.”

“So we apply to withdraw the prosecution’s lawsuit application and restore our client’s reputational rights.”

“Presiding judge, we have finished our statement.”

Jiang Donglin’s statement is based on the legal conditions stipulated by relevant departments.

If according to Jiang Donglin's statement, Xie Liang and others did not neglect their duties.

 But what about the actual situation?

After hearing Jiang Donglin’s description, Chen Bin was so angry that he wanted to curse his mother.

 Why was Li Fei and others standing at their door when Xie Liang came?

 That's because Li Fei received a call!

It turned out that Li Fei and his men were at his home and verbally insulted his mother, He Lijuan.

 And there were plans to make further threats, but at this time, I don’t know who made a call.

 After receiving the call, Li Fei walked out of his house with all the debt collectors.

 Shortly afterwards, Xie Liang and others came.

 The timing is very clever.

 So when Xie Liang came, he saw Li Fei and others standing at the door of their house!

Originally, Chen Bin was curious as to why Li Fei and other debt collectors walked out of his house after receiving the call!

 The reason for co-authorship? !

 Walking out of his house and standing at the door is equivalent to not trespassing on someone else's house?

 The abacus is here?

 The legal provisions have been thoroughly studied by Xie Liang!

Su Bai noticed Chen Bin's mood swings, smiled and patted Chen Bin on the shoulder.

"Don't worry, wait a moment, the presiding judge will let us provide additional explanations."

 “At that time, you can make additional statements.”

 “Okay Lawyer Su, I understand.”

 Chen Bin calmed down and nodded.

 PS: Please give me a monthly ticket~

 (End of this chapter)