As a Lawyer, You Sent the Judge In?

Chapter 207 Is there definitely a turning point? Wait for the investigation!

 At the court hearing.

Facing Chen Le’s words, presiding judge Li Yongchun frowned slightly.

 There was no discussion on the issue raised by Chen Le, because this issue did not need to be discussed at all.

 In the courtroom, this question has no meaning.

 Innocent?

 That is the reason that the case filer needs to consider.

The court only talks about evidence and legal basis, not what if...

　　咚咚!

 The gavel fell, and Li Yongchun spoke: "Is the recording pen illegal evidence?"

“Prosecutor Dong Zhu, when you asked Zhang Tongwei questions, did you inform Zhang Tongwei or did you get permission to record?”

 Dong Zhu: "This... doesn't exist."

 The gavel struck.

“According to the privacy clause in the evidence, evidence that violates the privacy of the parties is illegal.”

“The evidence submitted by Dong Zhu did not have the consent of Zhang Tongwei, and the relevant content involves Zhang Tongwei’s privacy.”

“That is, the court will not accept it.”

“Does the prosecutor have any objection?”

 As the prosecutor, Zhou Ran did not have any major objections to this matter.

Privacy rights and personal privacy include:

ˆ Matters concerning other people’s marital life, even if it is extramarital relations, should be disclosed to the public as personal privacy.

Although Zhang Tongwei and Xiao Lili are not husband and wife, Dong Zhu’s inquiry involves Zhang Tongwei’s personal relationship.

 Whether the recording of a secret investigation conducted by an individual without the consent of the parties concerned can be used as evidence in a court trial.

 It depends on whether the court considers the evidence to be illegal.

 Or the issue of whether to admit evidence related to the court case.

 The court did not accept this evidence.

 Zhou Ran had no objection.

“The prosecution has no objection.”

　　咚咚!

 The gavel fell, and the dull sound echoed throughout the court hearing.

Xiao Lili tugged on Chen Le's clothes: "Lawyer Chen, does this judgment mean that the evidence submitted by my mother is useless?"

Chen Le nodded: "Yes, the presiding judge has decided that if this evidence is not accepted, this evidence will indeed be of little use."

 “Then what should we do...?”

what to do.….

 Chen Le patted Xiao Lili's palm and told her not to worry too much: "This evidence was recorded without Zhang Tongwei's knowledge, and it involves life privacy."

 “There’s nothing we can do about it.”

“But the crime of infringement is a crime of oral confession, which means that as long as you insist that you are unwilling to do so and it was Zhang Tongwei who forced you, then there is no problem.”

 “Oh oh...okay.”

.

 ….….

 Judgment evidence is complete.

Li Yongchun further inquired based on the defense issues of the prosecutor, prosecution and defendant:

“Xiao Lili, according to what the defendant stated, you didn’t offer any resistance at that time, right?”

Xiao Lili said: "No, presiding judge."

 “I refused at the time.”

“I said I didn’t want it, which meant that I was unwilling. I didn’t expect that Zhang Tongwei would come to force me.”

Li Yongchun frowned slightly and continued:

“You are talking about coercion. Can you tell me specifically where the coercion was carried out? Has Zhang Tongwei ever beaten or threatened you?”

"No...but I was unwilling at that time. I said I didn't want it, but he still continued. I didn't want him to come at that time, but he insisted."

ˆ “.”

 Must?

"In this process, that is to say, your subjective will is that you are unwilling, but you have not resisted, right?"

"Yes."

 “So have you provided any evidence to support your confession?”

“For example, you said at that time that Zhang Tongwei had scolded you, or insulted you, or given you a slight blow.”

“You have scars on your body, or you were mentally traumatized by the situation at that time.”

 “Do you have these evidences?”

 Xiao Lili: "No..."

No.…

Li Yongchun took a look at the litigation materials and did not continue to ask further.

 Instead, he turned his attention to the prosecutor's seat.

“The interrogation of the client Xiao Lili has ended. Does the prosecution have anything else to add?”

.

 ….

Chen Le heard Li Yongchun's question and raised his hand to speak.

 “Some chief judges…”

“We would like to make a supplement, that is, we must take into account the environmental issues surrounding Zhang Tongwei’s illegal crimes at that time.”

“Under the circumstances at that time, as a woman, could Xiao Lili refuse Zhang Tongwei in Zhang Tongwei’s home?”

“If Zhang Tongwei is rejected, should Zhang Tongwei’s violent behavior be taken into consideration?”

“So Xiao Lili’s subjective wish is indeed that she doesn’t want to, and she also verbally refused, but under the pressure brought by Zhang Tongwei to her.”

 “I dare not refuse Zhang Tongwei.”

 “This has led to the current situation.”

“I would like to ask the members of the collegial panel and the presiding judge to consider the scene and situation from the perspective of a woman.”

“Is it possible that women are physically weaker than men, so Xiao Lili doesn’t dare to say no too much?”

"Presiding judge, I still believe that no one is willing to use their innocence to make false accusations. According to Xiao Lili's confession, she was forced."

  “We believe that we need to consider it from many aspects.”

  “This is what we have added.”

 Tsk tsk.…

 Multiple aspects?

 From what aspects should we consider these factors?

 Didn’t you make it very clear just now?

 Zhang Tongwei had already stated the process in detail, and Xiao Lili did not refute it.

 What does it mean to have a possibility?



 Let the presiding judge consider it from a female perspective.

 In law, men and women are equal presiding judges. Regardless of whether we consider it from the perspective of the man or the woman, it also needs to be considered based on the facts.

 Chen Le’s statement, to put it mildly, is that as an aid lawyer, he doesn’t know much about trial experience.

 Speak harshly.

This is completely questioning the judgment of the presiding judge and denying the basic principle of equality of all persons under the law.

Presiding judge Li Yongchun did not answer Chen Le's question, but asked the question to Su Bai.

“Does the defendant have anything to say about the prosecution’s statement?”

 No, the opportunity has come.

Su Bai nodded: "President, we believe that what the prosecution stated has no basis at all."

"I would like to ask the prosecutor's lawyer a question. Why do you think it is not necessary for Xiao Lili to accuse Zhang Tongwei of her innocence?"

 Chen Le was silent for a few seconds.

Su Bai smiled and continued: "What the prosecutor's lawyer thinks is because of his own starting point, right?"

“Is it because of common sense issues in society?”

“But can the prosecutor’s lawyer consider a prerequisite factor, that is, Xiao Lili, why should she accuse Zhang Tongwei?”

“If Xiao Lili was forced to do so, why didn’t she file a case immediately when she had a relationship with Zhang Tongwei before, but now instead of filing a case this time?”

“From this point of view, facts do not constitute absoluteness, and common sense judgments are not consistent with the basis of facts.”

“Then why did Xiao Lili accuse Zhang Tongwei?”

 “Let’s start with the quarrel between Zhang Tongwei and Xiao Lili.”

“The reason for the quarrel between the two parties was that they had a dispute about the relationship and conditions of marriage.”

 “Causing a quarrel….”

 “And what happened after the disputes and quarrels occurred?”

“What happened again was that Xiao Lili took the initiative to apologize and went to Zhang Tongwei’s house.”

“Xiao Lili took the initiative in all this.”

“Zhang Tongwei is the passive party, or Zhang Tongwei does not have the subjectivity or motive to commit a crime.”

“There is also a voice recorder. Dong Zhu has prepared the voice recorder a long time ago, so there is a certain degree of illegal seduction.”

“From this point of view, there is a certain illegality in obtaining evidence.”

“During the case filing process, Dong Zhu also communicated with Zhang Tongwei’s family and requested high compensation.”

“It can be clearly seen in this process that the other party has a strong purpose.”

“This kind of purpose is obviously the purpose arising from economic problems.”

"It has nothing to do with the crime. From this point of view, the other party bears a lot of responsibility."

“Prosecutor’s statement” Why Xiao Lili used her innocence to accuse Zhang Tongwei. ""

 “The answer is very simple.”

"Obviously, Xiao Lili wanted to exchange for the real estate of Zhang Tongwei's family, so she filed a case against Zhang Tongwei and requested compensation from Zhang Tongwei's family on the condition of the letter of understanding."

“And we believe that the prosecution’s statement was not based on factual conditions and legal basis at all. It was entirely an emotional statement, and the case was judged based on personal subjective and social experience.”

“We believe that the prosecution’s statement should be rejected.”

　　咚咚!

"Does the prosecution have anything else to say?" Facing a series of questions raised by Su Bai, Chen Le wanted to refute.

 But in this process, I don’t know how to refute.

Xiao Lili whispered from the side: "Lawyer Chen, that's not the case."

“I didn’t ask for compensation from their family, I just wanted the other party to compensate me.”

  Chen Le nodded: "I know..."

 But from a legal perspective, this is the issue Su Bai sued.

  It does have a legal basis.

 As for the conditions for determining the crime of oral confession, it mainly depends on the basis of the presiding judge's determination.

If the presiding judge favors the prosecution, then a single confession and one piece of inadmissible evidence will be used.

 It is very difficult to win this lawsuit.

 After thinking for about a minute, Chen Le sighed helplessly: "Presiding Judge, we have nothing more to say."

　　咚咚!

“Since there is nothing further to state, let’s adjourn now.”

 The hammer falls.

 Enter the adjournment stage.

 At the defendant's seat, Su Bai smiled slightly.

If nothing else happens, this trial is basically stable, and Zhang Tongwei will definitely be found not guilty and acquitted.

 The reason is also very simple.…

 Based on the specific focus of the crime of rape, there are basically no problems with this case.

 The method of replying is also very simple. Just verify Xiao Lili’s subjective wishes from the side.

I can only say that...when filing the case, supporting evidence was taken into consideration.

 And the confession of Xiao Lili, the client.

 However, the judgment on the supporting evidence and Xiao Lili’s oral confession is made by the court.

it means.

  If the court has not judged the evidence, then this evidence will only play a role in the filing of the case and review by the prosecutor, but will not have any effect on the judgment of the case.

 Judgment and judgment are the work of the courts.

At the prosecutor's seat, Chen Le was still comforting Xiao Lili not to worry, and the court's collegial panel was currently deliberating.

At worst, if Zhang Tongwei cannot be found guilty on appeal in the first instance, then there will be a second instance.

Xiao Lili nodded seriously: "Thank you, Lawyer Chen."

Chen Le smiled and nodded.

.

 ….

 In the collegial court discussion room.

With regard to whether to sentence Yu or not to sentence Zhang Tongwei, three members of the collegial panel sat on the sofa to discuss.

“How do you say...Should this case be ruled that Zhang Tongwei forced a woman to have **** against her will?”

“Duan Lanlan, as a woman, what do you think of the prosecutor’s statement?”

Duan Lanlan was silent for a few seconds and then said with a smile: "President, to be honest, although I am a woman, I am not very optimistic about this case."

"How to say?"

“First of all, the main evidentiary conditions for judging this case are the recording equipment submitted by Dong Zhu, plus Xie Lili’s confession as a party involved.”

“These two are the most important. Among them, Dong Zhu’s recording is mainly to further confirm whether Xiao Lili was unwilling at that time.”

“But based on the statements made by Zhang Tongwei’s agent and the objective facts, the main issue in this case is whether Xiao Lili is really unwilling...”

“Based on the specific circumstances of this case, I think Xiao Lili definitely had the idea of ​​blackmailing Zhang Tongwei.”

 “This is my personal opinion.”

 “Well, Zhang Qi, what do you think?”

 Zhang Qi smiled: "My thoughts are the same as Duan Lanlan's. I always feel that this feels a bit like extortion, but it cannot be said to be extortion in a legal sense."

"After all, the two were engaged. My feeling is more that they had a conflict, and then the woman got angry and took the man to court."

"But... Xiao Lili's mother prepared a recording pen in advance... There is something wrong with this."

"Um!"

“So you all tend to believe that Zhang Tongwei is innocent in this case, right?”

"right."

"Yes."

 “Well! Then there is no problem with the judgment of this case.”

 “Let’s wait for the court session.”

Li Yongchun nodded and spoke.

.

 ….….

 Soon, the court recess ended.

 It has entered the court hearing stage.

 Three members of the collegial panel made a general arrangement of the case, determined the direction of the judgment, and allowed the three parties to begin making court statements.

 At the prosecutor's seat, Zhou Ran made corresponding court statements about this trial.

 The content of the statement is clear and concise.

 It is basically an analysis of this case and a general understanding of the situation of this case.

 And the conditions for Zhang Tongwei’s crime of **** were stated again.

  What is relatively crucial is the statement of the accuser, Xiao Lili.

The prosecution was represented by court defender Chen Le.

  Chen Le’s statement mainly revolved around Xiao Lili’s subjective wishes.

 And repeatedly emphasized that women’s rights should be protected.

At this, Su Bai smiled and made only one request when making his statement.

“Presiding judge, we only have one request for our statement, which is to ask the collegial panel to make a judgment from the perspective of legal fairness.”

.

 ….

 This court hearing is relatively simple in terms of presentation.

　　咚咚!

 The gavel was struck, and after listening to the statements of all parties, Li Yongchun also began to read out the verdict.

“The prosecutor filed a case against Zhang Tongwei for forcing a woman to have an improper relationship against her will.”

 “The court ruled on this:”

“One: The court believes that in this case, all Xiao Lili’s actions before the relationship were voluntary and she took the initiative.”

 “And did not engage in any obvious act of resistance in the process.”

“It can be determined from this that Xiao Lili is not in a forced state subjectively.”

“Two: The court will not accept the evidence provided by Dong Zhu. There is insufficient relevant evidence for Xiao Lili’s accusation against Zhang Tongwei.”

“Three: Zhang Tongwei did not engage in forced behavior, so the prosecution’s request and the accuser’s request for civil compensation are rejected.”

“This trial will be heard by Nandu Dongcheng District Court. This court has jurisdiction and all applicable laws shall be in accordance with domestic laws.”

 “This case is a first-instance judgment.”

“If the parties to the lawsuit believe that the judgment is not consistent with the facts, they can continue to appeal or submit to the relevant departments for supervisory review.”

　　咚咚!

 “Closed court!”

Serious voices were accompanied by the fall of the gavel, and both of them echoed in the courtroom at the same time.

After hearing the verdict, Su Bai was not surprised or surprised.

This trial was relatively simple and did not require much judgment.

More importantly, the prosecutor and the court reached a consensus on conditions.

The trial itself has certain problems. Coupled with the lack of evidence, the court and prosecutor's preferences are also obvious.

 Subjectively speaking, I tend to prefer Zhang Tongwei.

 I brought it up myself, and what Dong Zhu handed over was illegal evidence.

 The judgment is based on illegal evidence. This point alone does not require too much explanation.

 Beside…

Li Xuezhen smiled and said: "Lawyer Su...is this trial over?"

Su Bai smiled and nodded: "Yeah! It's over!"

 “What’s next?”

 Next.…

Su Bai turned his gaze to the accuser's seat.

 Chen Le, the prosecution’s assisting lawyer, continued to comfort Xiao Lili.

"This trial...the court did not accept the evidence is the key, but it did not accept your confession to make a judgment. I think there is a certain problem."

“It doesn’t matter, we’ll have to appeal for a second trial at worst…”

“There will definitely be a change in the second trial...”

Xiao Lili sighed in her heart, but her expression looked very happy.

"Really?"

“Is there really any improvement after the second trial?”

"Yeah, there is!"

Chen Le nodded seriously.

Su Bai:? ? ?

 Is there any improvement in the second trial of this case?

 Ahem.…

 Don’t say that yet.…

Let’s wait for an investigation into false lawsuits and fraud.

 PS: Looking for a monthly pass?

 (End of this chapter)