As a Lawyer, You Sent the Judge In?

Chapter 308 TM doesn’t talk about litigation procedures, right? !

Su Bai looked directly at Shen Yao who was sitting on the trial bench.

This case.…

 He has made his attitude clear, and the collegial panel must give a corresponding answer.

 In any case, the prosecutor in this case should not be Xu Bo.

 Especially since he protested twice, the collegial bench could not give an accurate explanation.

What does it mean?

  Meaning that there is no problem in doing so?

 It’s okay if you think there’s no problem.

 Either you expel me from the trial, or you let Xu Bo continue to be the prosecutor without recusing himself.

 However, a reasonable explanation must be given for expulsion.

 No explanation?

OK!

This trial is a public trial, and you will be expelled from the court without any explanation?

 Are you afraid that the public outcry will not be loud enough?

at the same time.

 During the live broadcast outside the court hearing, many people paid attention to the trial.

After seeing Su Bai’s repeated applications, the prosecutor avoided the case, but was rejected by the presiding judge again and again.

The scolding started directly on the live broadcast barrage.

"Fuck! What the hell? I only watched the trial and saw Lawyer Su asking the prosecutor to recuse himself time and time again."

 “The presiding judge refused.”

“I saw that the presiding judge did not say the reason for his refusal, he just said that it would not affect the normal trial of the court.”

“Can anyone tell me whether what the presiding judge said makes sense?”

“Bah, that’s wrong. Is there any legal basis for what the presiding judge said?”

 “Can anyone explain it?”

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　ifier: “Ahem.…”

“If you have some understanding, I can explain that Lawyer Su’s application for recusal in this trial is well-founded.”

“Generally speaking, in this case, the prosecutor should recuse himself.”

“Or the appellant, that is, Lawyer Su, may ask the prosecutor to recuse himself at the trial.”

“The presiding judge shall decide whether to recuse himself based on the facts.”

“The current situation is that based on the facts, the prosecutor needs to recuse himself. The appellant proposed it, but the presiding judge did not allow it.”

“My guess and estimate is that if the prosecutor recuses himself.

 This will affect the progress of the trial. Perhaps from this point on, the presiding judge is not allowed to recuse himself. "

“Of course there are other possibilities, but what those other possibilities are, I don’t know.”

“But judging from the current situation in the court hearing, it is obvious that the collegial panel did something wrong.”

“When faced with the above-mentioned person’s application for the prosecutor’s recusal, at least a reason must be given or the court should be adjourned for discussion.”

“However, the presiding judge has not given any response so far, so let’s watch this trial again! Haha!”

　　　….”

 After explanations from relevant personnel, everyone understood that there was a problem with the collegial panel.

 couldn’t help but started to curse again! .

 ….

At this time, Shen Yao also laid her eyes on Su Bai on the presiding judge's seat.

This case.…

 In her opinion, it doesn’t matter whether you go through this process or not.

After all, with the consent of the Prosecutor General to allow Xu Bo to appear in court for prosecution, the normal trial process and order will not be affected.

In this case, you can actually avoid it or not, it is the default.

 This is why she said it would not affect the fair judgment of the trial...

only.…

Can this kind of thing be discussed in court?

 Certainly cannot be said at the trial.

after all.…

The trial is being broadcast live now!

 Let’s not avoid this issue. After all, it is a matter within the judicial system.

 The matter was raised during the live broadcast of the court hearing when he should have recused himself but failed to do so.

 Then we should pay attention to the related impacts.

 So we can only keep this matter vague.

 But now, Su Bai is clinging to this issue.

 Even speaking directly, he can be expelled from the court.

 Expelling a person from court while the trial is being broadcast live?

The public opinion of this case is already strong. If Su Bai did this without any violation of regulations, he would do it himself.

The next day’s hot headlines in media across the country were probably about this matter!

 The impact will be very bad!

so.…

 Shen Yao is now very worried about the current court trial situation.

 There was silence for a few seconds.

 Dong dong dong!

 Sounding the gavel, Shen Yao said: "Please entrust a lawyer to the appellant to remain calm and restrained for the time being."

“The collegial panel has learned about the protest made by the lawyer appointed by the above-mentioned person.”

“Everyone’s legal rights and interests in the court hearing are the obligations that everyone should enjoy.”

“As for the appellant’s application for the prosecutor’s recusal, the collegial panel has learned about the facts.”

“It is believed that the presence of the prosecutor in the court hearing does not affect the judgment of the trial.”

“So the request was made to continue the trial.”

“The reason is that the collegial panel will make a judgment based on relevant evidence, rather than solely adopting the prosecutor’s opinion.”

“The appellant is asked to entrust a lawyer to understand this point.”

“The above is the reasonable explanation given by the collegial panel!”

“The collegial panel has given a corresponding explanation. Does the lawyer appointed by the appellant have any other objections?”

 Faced with the sudden change in attitude of the presiding judge.

Su Bai also knew it. This trial was a live broadcast.

  No matter what, the collegial panel definitely needs to pay attention to the impact.

but.…

 Given a corresponding explanation, it does not mean that the matter has been resolved.

 Although it was said in front of the live broadcast, an explanation was finally given.

 But what if during the trial, there is still a side that favors the prosecutor?

 In court trials, no matter from which perspective.

 The purpose of a court hearing is to help the client safeguard the legal rights and interests.

 At present, the collegial panel has not expressed its attitude on recusal, after he stated the relevant legal rules.

Still did not give a clear answer as to whether the prosecutor would recuse himself.

What does it mean?

It just means that the collegial panel will rely on relevant evidence, but if the prosecutor produces some evidence.

 Under the tendency of ambiguity, the power of interpretation still lies with the collegial panel.

so.…

 Everything must still be based on legal procedures and relevant provisions of the procedural law.

 There is nothing wrong with following the process.

Su Bai raised his hand and said: "We still insist on applying for the prosecutor's recusal in accordance with the recusal principle in the Criminal Procedure Law."

"Um!"

Shen Yao nodded expressionlessly, then banged the gavel:

“Since the appellant still insists on applying for the prosecutor to recuse himself.”

 “Then the trial will be adjourned!”

“Discuss whether the prosecutor should recuse himself, and then hold a trial!”

 Dong dong dong!

The sound of the gavel falling was particularly deafening in the court hearing.

 The court is adjourned.…

 As the presiding judge and the judges left the seat, Su Bai rubbed his brows.

What to say about this trial...

 The prosecutor who was supposed to recuse himself did not recuse himself. This was originally a violation in the litigation process.

Like some unfair judgments, generally speaking, there are irregularities in the litigation process.

 So in general, in order to avoid unfair judgments, the Provincial High Court pays more attention to the litigation process.    Avoid violations of regulations.

 But today at the Pingyuan Provincial High Court, he proposed that the prosecutor should recuse himself.

Not only did the collegial panel fail to listen to the opinions of the lawyer entrusted by the above-mentioned parties, that is, its own opinions, but it also continued to push forward the trial process forcefully.

What does this mean?

 It means that the High Court does not pay attention to violations at all.

 What if an unfair verdict occurs?

 This is what Su Bai is most concerned about.

　　Although I said that I had toughened the presiding judge in the court hearing just now.

 Let the collegial panel have an opinion on itself.

  However, if the process continues, it may have a considerable impact on the final judgment of the entire case.

From the latter point of view, the presiding judge's own opinion seems insignificant.

Let’s talk again.

This trial is a public trial.

 The collegial panel must pay attention to public opinion and public perceptions.

 So in terms of judgment, Su Bai believes that there will be no other problems.

 If you have an opinion, can you really favor the verdict?

after all.…

 As the highest court of a province, the Provincial High Court will have obvious bias in its judgment.

Or.…

Making blind decisions and making harsh decisions is equivalent to sending yourself into trouble.

 The court is now adjourned to discuss whether the prosecutor should recuse himself or herself.

 To be honest, it’s a good thing for their side.

At least.…

 The necessary court proceedings and relevant litigation laws and regulations must be followed.

.

 ….

 It’s just...

 After the presiding judge announced the adjournment of the trial, Jiang Wei's eyes were filled with deep worry.

 The main reason is that I have never seen such a scene of angrily attacking the presiding judge in court.

 Can’t help but feel a little worried.

“Lawyer Su...if we speak like this to the presiding judge at the trial, will it leave a bad impression on the presiding judge?”

 “In case this case...”

“What should we do if the presiding judge doesn’t overturn the verdict?”

Su Bai smiled and comforted: "As long as there is no objective evidence in this case, it can prove that you committed a crime..."

“That is to say, as long as you have not committed a crime, the original verdict will definitely not be upheld.”

“The Supreme People’s Procuratorate has intervened and made relevant responses…”

 “Don’t worry, there’s nothing to worry about.”

Besides, Li Xuezhen also comforted her: "There will be no other surprises in this case."

 “Believe in Lawyer Su!”

 At the same time, Li Xuezhen was also thinking silently in her heart: "If any other unexpected situation occurs..."

 “This case is even more exciting!”

 It is the Provincial Academy after all, so how exciting it is!

Wonderful!

.

 ….

at the same time.

 After the adjournment, three members of the collegial panel came to the discussion room.

We discussed the issue that Su Bai just applied for recusal.

 At the court hearing.

 Whether to recuse can be decided by the presiding judge.

Shen Yao felt dissatisfied with Su Bai's repeated refutation of her just now.

  She serves as the vice-president of the High Court and the presiding judge in this case.

 At the time of trial, there should be absolute jurisdiction.

Who could have imagined being questioned by a lawyer face to face during a live broadcast of a public hearing that attracted so much publicity? !

 Although it was not shown in court, it was in private.

 Shen Yao has very big opinions on Su Bai.

“About the request made by the lawyer entrusted by the appellant to withdraw from the prosecutor, should I file a recusal?”

Shen Yao and two other members of the collegial panel asked.

 Li Xiangqian and Ma Da, as judges, were thinking deeply.

Li Qianqian looked at Shen Yao's slightly dissatisfied attitude, hesitated for a moment, and then said:

“The appellant entrusted a lawyer to propose that the prosecutor’s recusal is indeed in compliance with the relevant provisions of the Procedural Law.”

"but.…"

“After we responded with the relevant explanation, the lawyer should not continue to hold on to the matter.”

"This case...how should I put it, there is indeed something wrong with the procedure."

“However, in public trials, we still need to pay attention to the influence of public opinion.”

“Otherwise, if you cause public opinion, you may be held accountable and punished.”

“My idea is... Regarding the issue of recusal in the Criminal Procedure Law, according to the provisions of the Criminal Procedure Law, we should ask the prosecutor general whether it is appropriate.”

 On the other side, Ma Da said: "Actually, I don't agree with avoidance."

"Why?"

"We really agree to recuse ourselves. Then according to relevant laws and regulations, we need to form a separate collegial panel to continue hearing this case."

“We have already explained the relevant issues clearly at the trial.”

“Although there may be certain problems in legal procedures, since the prosecutor’s office allowed Xu Bo to appear in court for prosecution.”

 “Then it means there’s no big problem.”

 “According to my idea, it is whatever it is.”

 “Continue the trial!”

At this time, Li Xiangqian asked again:

“But what should I do if Su Bai keeps protesting during the live trial?”

Ma Da waved his hand with a nonchalant look on his face:

"The main concern about this trial is the issue of public opinion. If Su Bai keeps protesting and is dissatisfied with the legal procedures."

 “Then shall the trial continue?”

“Should public opinion be allowed to affect judicial decisions and the advancement of justice?”

“If you keep protesting, and it’s a meaningless protest, just ask the bailiff to take you away from the court hearing.”

“There were a lot of scoundrels in court trials before, and the condemned criminals acted arrogantly and roguely in court. Shouldn’t they be sentenced in the end?”

“So my point is that we can’t be swayed by public opinion, how to proceed with this case!”

 After listening to the opinions of Li Xiangqian and Ma Da, Shen Yao nodded lightly and said:

"Um!"

 “I’ll ask the prosecutor general here.”

.

 ….

soon.…

 The adjournment was over. After Shen Yao sat on the presiding judge's seat, she banged the hammer and announced that the court would reopen.

 “The trial continues.”

“After deliberation by the collegial panel, the prosecutor Xu Bo decided whether to recuse himself.”

“Confirmation: In this trial, Xu Bo served as the prosecutor last time.”

“Maybe you have a better understanding of this case and whether the appellant Jiang Wei has committed a crime.”

“Therefore, the court does not support the appellant’s application for recusal.”

“The appellant, if he has any doubts about the determination, may point them out after the hearing.”

“In the court hearing, there shall no longer be any discussion on whether the prosecutor recuses himself or herself.”

 Dong dong dong!

 The gavel struck, making Su Bai stunned for a moment.

  ? ? ?

TM doesn’t talk about litigation procedures anymore, right? !

 Do you think there is no problem? !

 What does it mean to have a clearer understanding? Are there any criminal facts?

 Are there any criminal facts that were not based on this evidence? !

 Public prosecutor Xu Bo, who had served as a prosecutor before, adopted a laissez-faire attitude when there was no objective factual evidence.

 Just forget it if you don’t hold people accountable.

 Let him continue to serve as public prosecutor? !

 The reason is still clearer about the case process.…

  ? ? ?

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)