As a Lawyer, You Sent the Judge In?

Chapter 218 Playing hooligan? OK! Come and judge, let me watch you judge? ! (Ask for monthly ticket)

 The atmosphere in the courtroom was solemn.

Looking away, Su Bai simply sorted out the litigation materials.

 Take a deep breath.

 Looking up at the presiding judge's seat.

In this case, if the trial continues, it will be a huge headwind for the defendant.

 This legal evidence proves that he must see it.

Su Bai continued to fight:

“The presiding judge, in accordance with Articles 51, 56, 57, 58, 59, 60 and other relevant regulations of the Criminal Procedure Law.”

“The prosecutorial department should bear the corresponding responsibility for producing evidence.”

“The prosecutor has the responsibility to exclude the sources of illegal evidence, and needs to prove the legality of evidence collection. During the trial, it can raise and choose to exclude illegal evidence that is suspected to appear in the trial.”

“According to the standards for evidence, we have the right to question, and we require the prosecutor to produce legal evidence!”

 “This is our reasonable request!”

“This is the right granted to us by the law. If the prosecutor cannot provide the legality of the evidence, it will violate our rights and obligations granted by the law.”

“I don’t know what kind of mentality the presiding judge has in rejecting our reasonable legal rights.”

 “How about otherwise.”

“We do not require the legality of the source of evidence.”

“President judge, you directly convict our client Qin Bao, and I accept your trial on behalf of our client?”

 Du Ming:.….

Su Bai's words immediately silenced Du Ming.

 Although he said...he will judge.

However, there is no good "excuse" or valid reason to make a judgment directly without going through the process. Let alone him, even if the dean came today, he would not dare to make such a judgment.

The procedures that should be in place still need to be in place, and the evidence that should be produced must still be presented as "evidence."

 Why is a test report issued?

 Why are some unjust, false and wrong cases not directly adjudicated when there is illegal evidence?

 That is, the court hearing must follow the procedures.

Faced with the legal content and tough attitude stated by Su Bai.

 Du Ming had no choice but to provide the legitimacy of the source of evidence.

An Yao Group has already established the legality of the source of evidence, otherwise, he would not have dared to do so.

Su Bai frowned slightly when he saw the legality of the source of evidence and the test report provided by a third party.

 Good guy!

The test report for the Anshen Medicinal Liquor of the Anyao Group was tested by the Anshi testing agency.

 He ​​said how could third-party testing agencies make fraud so easily.

 The co-authored items are my own, and I tested them behind closed doors, saying that there is nothing wrong with my own items!

.

 ….

 The gavel struck.

Du Ming continued: "Defendant, now that the court has proven to you the legal source of the test report, do you have any other questions?"

"some."

“Presiding judge, the relevant content shown in the test report submitted by us is no different from what Qin Bao said. However, there is a major difference between the test report verified by the prosecutor and the content published by Qin Bao.”

“And in this trial, the testing agency is a testing agency located in Anshi, which has the possibility and suspicion of fraud.”

“According to the rights granted to us by the law, we have the right to suspect that the test report submitted by the prosecutor is fake.”

“We require a third-party testing agency to conduct re-testing.”

　　咚咚!

 The gavel rang, and Du Ming became impatient in the face of Su Bai's request.

　　If this court procedure continues, this case will not be tried today!

but

Du Ming doesn't care much about whether the trial can be pushed forward.

 If the trial is one day late, Qin Bao will be detained for a longer period of time, which will have no impact on him.

 It’s just that this test report is a bit troublesome….

 I heard from the Anyao Group that this evidence has been dealt with and it won’t have much impact.

This trial will still continue.

 As long as the judgment is not too outrageous and is based on “evidence”, then there is basically no problem.

 After sorting out the general idea, Du Ming thought silently in his heart and continued:

“According to laws and regulations, appraisal reports are not restricted by region, so the court has the right to reject the request made by the defendant’s attorney ad litem.”

“The evidence submitted by the prosecution has been certified by the court.”

“The evidence submitted by the defendant has not been confirmed by the Physical Evidence Bureau, so it will not be accepted for the time being.”

“Hereby, the lawsuit application filed by the defendant is dismissed.”

 “Does the defendant have any comments?”

Su Bai:? ? ? ?

 Do you have any opinions?

 Why has it not been confirmed by the Bureau of Physical Evidence?

  This is because it has not been confirmed by the Bureau of Physical Evidence since it was submitted before, until the court session.

Su Bai looked seriously and looked directly at Du Ming: "This trial is much more difficult than he imagined."

 It’s hard to imagine being treated like this.

.

 ….

 At trial.

 What is the most important thing?

evidence!

evidence!

 It’s still evidence!

Now the other party is using illegal evidence to try to prove Qin Bao's illegal and criminal behavior.

What sense does that make?

This trial includes the charges in this case, including the crime of damaging business reputation and product reputation.

—Whoever fabricates and spreads false facts, damages the business reputation and product reputation of others, causes heavy losses to others, or has other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and the offender shall also be fined.

It is true that it will damage the business reputation and product reputation of Anyao Group.

 The key point is whether Qin Bao is spreading rumors.

　　The evidence he provided has been denied, and now illegal evidence is being used. Can this trial be won?

How is it possible to win?

The other party has already blocked the defendant’s path.

 The most critical thing now is to prevent the judgment of this trial or delay the judgment.

 Do not let the Anshi Municipal Court make a judgment.

 Because once the Anshi Primary Court makes a judgment, if you want to have a second instance, you have to go to the Anshi Intermediate Court.

 To put it bluntly, the second trial will most likely go back to Anshi.

What if the second-instance judgment upholds the first-instance judgment?

.

 ….

In a case like this, if you want the High Court to reject the retrial, the penalty imposed is not severe.

 Unlike the previous cases, which involved serious criminal liability, such as unjust, false and wrongful convictions leading to more than ten years in prison and cases involving the death penalty.

 That is to say...

 This case may not receive the attention of the Supreme Court if it is submitted to the Supreme Court. In other words, because the case does not receive enough attention, there may be a delay.

 There will be problems if the court in An City is allowed to make the judgment.

This will lead to Qin Bao being detained for at least two years, or eating from a big pot for at least two years.

It may be easier to wait until you are released from prison or end of detention and then continue to appeal, but the life of the client will be almost ruined.

 One more point, two years have passed. If the chain of evidence is incomplete, how will accountability be held?

 It is not easy to hold people accountable.

You can only apply for state compensation, but for Qin Bao, applying for state compensation will have a great impact on his life.

 So the focus is still on the judgment.

 The key point of the judgment lies in this "illegal evidence". Illegal evidence is time-sensitive.

 If a certain period of time has passed, illegal evidence cannot be judged to be illegal.

 It is very difficult to determine and collect illegal evidence, and it may take up to one or two years.

 This case is likely to drag on for three to four years.

 Let’s not mention the time cost for now.

 In terms of the client’s demands, do you hope to end this case as soon as possible?

The client is a doctor of medicine and is definitely not willing to delay the process for four years.

 Four years are enough to drag down Qin Bao's entire life.

There is one last point, if the High Court sends the case back to An Municipal Court for a new trial.

 What unexpected situation will happen again?

.

 ….

 In summary, the case still needs to be transferred to the jurisdiction in accordance with the provisions of the Criminal Procedure Law.

 Do not let the judgment of the first instance be passed down.

Even if the court wants to delay it and want to hold Qin Bao for a longer time.

 Compared to four years, these few months are the most cost-effective.

.

 ….

Su Bai took a deep breath. This was the first time he had openly received special treatment from the court.

Although this case is simple, the facts are complicated.

 It is not easy to solve.

He raised his head and looked at the presiding judge: "Presiding judge, we have no objection to the test report."

Du Ming smiled, was he taking the initiative to give in?

Yes, Not Bad!

If this had been done earlier, the court hearing today would not have been so tense.

 Du Ming was very satisfied with Su Bai's performance.

You take the money to handle your case. After the trial is over, your lawyer's fees are paid, and the judgment is completed on my side. Isn’t everyone happy?

 Why do you make it so ugly?

 So Du Ming was very satisfied with Su Bai's attitude of "acknowledging his mistake".

“Since there are no more opinions, let’s continue the trial.”

 “The prosecution continues to state.”

 “A good judge.”

  Ma Wu nodded, not expecting that the trial would develop to this level.

 Originally, he thought that as the defendant's litigation attorney, he would be a famous top criminal lawyer in the country.

Su Bai was able to fight against the prosecutor in court.

 But now from the practical point of view, if we really go head-to-head, even the top criminal barrister in the country cannot do it.

 Tsk tsk.…

Ma Wu secretly laughed twice at Su Bai's encounter today.

“Presiding judge, based on the third-party test report, it is obvious that Qin Bao is suspected of forgery, and the matters related to the forgery are completely different from the real situation.”

 “Already suspected of spreading rumors.”

“Subsequently, based on the financial reports provided by Anyao Group and the evidence collected by the prosecutors, the reputation of Anyao Group was damaged, its credibility was damaged, and its sales were unsaleable.”

 “An objective fact has been reached.”

“That’s right, we request that the criminal suspect Qin Bao be sentenced for his illegal and criminal acts.”

　　　….”

“Okay, the court has heard the prosecutor’s opinion. Does the defendant have anything else to say?”

Du Ming’s slightly bald head had creases in laughter.

Unexpectedly, Su Bai's next words made Du Ming freeze on the spot.

"Presiding judge...we have something to say and we have objections."

“We believe that there are major problems with the litigation process involved in the entire case.”

 There are major problems with the litigation process?

What kind of trouble is this? Du Ming felt a little unhappy, frowned slightly, and said:

“What are the major issues in the litigation process involved?”

Su Bai continued: "This criminal case is investigated by law enforcement agencies."

"However, during the process of arresting our client and transferring him to the court, we believe that there were serious illegal acts."

 “What are they?” Du Ming sounded unhappy.

“First arrest us across provinces, based on the specific circumstances I asked our client and our client’s statement.”

“First: the process followed does not comply with the relevant legal process.”

“Second, according to the management regulations on cross-regional arrests, there was no consultation to conduct arrests in accordance with the arrest management regulations.”

“Based on the above, we believe that there were illegal acts during the arrest of us at that time, and we request the court to investigate this.”

“We recommend that the trial be temporarily adjourned and that the trial be re-opened after additional supplements are made on this issue.”

　　　　???”

Du Ming stared at Su Bai.

  Does the question raised have any impact on the outcome of the case?

  There is no impact at all!

It is nothing more than delaying time. When the court conducts relevant investigations into this behavior and the court opens again, Qin Bao will still be found guilty...

To be honest, Du Ming didn't understand why Su Bai asked for this.

Ordinary presiding judges and judges would never expect that the other party would propose to transfer jurisdiction.

Du Ming said: "This point does not affect Qin Bao's verdict. The trial will continue."

Su Bai raised his hand and said, "We believe that there were illegal acts during the filing of the case. Does the court reject our request to investigate?"

“Please ask the court to answer the questions I raised.”

“Did the court refuse to investigate the illegal conduct filed in the case and decide to continue the trial?”

 Du Ming: “.….”

 No...Didn’t you just give in?

 Why did the situation suddenly arise again and an adjournment was requested?

Du Ming didn't believe that Su Bai didn't know that after the adjournment, Qin Bao was tried again and the verdict was still guilty.

So what is the purpose of Su Bai's request for an adjournment?

 Investigating illegal evidence? !

 This is the only possibility that Du Ming can think of.

 Investigate illegal evidence during the adjournment stage, and wait until the next court session to exclude the prosecution's accusations with illegal evidence.

.

 …

 “It turns out that this was the purpose.”

Du Ming smiled and didn't take it too seriously.

If you rely solely on your personal abilities, you can investigate illegal evidence.

 Then for certain cases, it will not be so difficult for prosecutors to investigate and collect evidence.

Su Bai's behavior, in his opinion, was completely whimsical.

.

 ….

at the same time.

Li Xuezhen kept staring at the presiding judge's seat.

 This court hearing was the worst one he encountered with Lawyer Su.

This kind of trial is no longer a legal plea at all.

This is because the other party is being unreasonable and acting like a hooligan.

 At the same time, Xiao Li was also thinking silently in his heart about how to help Lawyer Su win this lawsuit.

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 (End of this chapter)