As a Lawyer, You Sent the Judge In?

Chapter 333: A difficult judgment. The law stipulates that it can be judged, but can it be judged?

 As to whether the evidence is forged, it needs to be certified by the Physical Evidence Division.

but!

 Why was Su Bai able to recognize at a glance that the evidence submitted by the defendant's industrial and commercial administration was forged?

 Because of the evidence submitted under the Business Administration.

 The time when the Industrial and Commercial Administration met with the manager of Dafa Supermarket and Wang Hai was around 10 a.m. on the 15th of the month when Xiao Pingjun made the complaint.

 The time and place are also clearly written on the record.

But...according to Xiao Pingjun's description, the morning of the 15th of that month was the time when Xiao Pingjun went to defend his rights.

 Wang Hai, the manager and general manager of Dafa Supermarket, spent the whole morning at Dafa Supermarket dealing with Xiao Pingjun’s rights protection matter.

 There is simply no time to go to the industrial and commercial administration department for an interview.

 Haven’t anyone in the business administration department considered this?

 Or in other words, did you randomly fill in the time to supplement it later?

 The purpose is not to be held accountable?

Su Bai wanted to confirm the time again, so he turned around and asked Xiao Pingjun:

“Is the time you defended your rights at the entrance of Dafa Supermarket on the 15th of the month?”

Xiao Pingjun nodded: "Lawyer Su, I can confirm this."

“It was on the 15th of that month.”

“I remember very clearly that Dafa Supermarket called the police at that time.”

“It’s just that I held up a sign in front of Dafa Supermarket and didn’t disrupt the order.”

“I was only given a verbal warning, and the law enforcement officers did not do much to stop me.”

“Then the manager of Dafa Supermarket and Wang Hai personally came out to refute the rumors and were there all morning.”

After confirming this matter, Su Bai looked at the presiding judge: "Presiding Judge."

“We question the evidence presented by the defendant’s industrial and commercial administration.”

At this time, business administration lawyer Yu Yan spoke:

“As for the authenticity of the interview transcript, we can conduct relevant appraisals.”

“There is no question about the authenticity of the transcript.”

"There won't be any problems? Then I would like to ask the defendant, what is recorded in the transcript is true, but what about the time?"

Su Bai opened his mouth to retort.

“On the morning of the 15th of that month, our client Xiao Pingjun defended his rights at the entrance of Dafa Supermarket.”

“Wang Hai, the general manager of the supermarket, and the manager in charge of the supermarket have been dealing with Xiao Pingjun’s rights protection all morning.”

“The evidence issued by the Business Administration is the interview accepted at 10 a.m. on the 15th.”

“Now the defendant tells us that everything recorded in the transcript is true, and the content of the transcript is indeed true, but why does it not match the time point?”

“If the timing doesn’t match, it’s not considered forged evidence. I don’t need to state this anymore, right?”

“If it is really certain and real evidence, there will be no problem of not matching the time.”

"also."

“Wang Hai, the general manager of the defendant Dafa Supermarket, is now at the scene.”

“The presiding judge can ask Wang Hai in court whether he went to the industrial and commercial administration for an appointment at that time.”

“But here, I would like to remind the defendant that if there is a false confession in court, it will be treated as perjury and will be sentenced.”

 At the judgment seat.

 Faced with this unexpected situation, the defendant submitted forged evidence and was caught red-handed by the plaintiff.

to be honest.…

 Peng Guangliang has tried many cases as the presiding judge.

 I have seen forged evidence, but the forged evidence was pointed out in court, and it was pointed out with reasonable evidence.

That’s rare.

Peng Guangliang did not know the details of the interviews with relevant departments.

But based on the answers given by both parties, Peng Guangliang could also understand it.

 This means that the relevant departments did not make an appointment.

 But in order to eliminate the impact and avoid being accused of failure to act.

Afterwards, I made up an interview instructions. The date was wrong, causing the current situation?

 Or...are there other situations?

Peng Guangliang looked at Wang Hai and said:

“Wang Hai, as for the plaintiff’s complaint, you were handling the complaint on the morning of the 15th of that month.”

“I don’t have time to make an appointment. Do you still have any relevant impressions about this matter?”

Facing the presiding judge’s questions, Wang Hai also fell into silence.

 How should he answer this?

 Although he knows how to answer the appointment, it is a good thing for business management.

 But just now Su Bai reminded him that he made a confession that did not conform to the facts at the trial.

 It will be dealt with according to the crime of perjury!

　　It is true that he did not have an appointment that day, and the follow-up matters will be recorded later.

 Because the case was already in court at that time.…

 Another point is that, according to the time at that time, it would have been considered a failure to respond within the prescribed time.

In this regard, the business administration side said that it would be good to arrange a time within the specified time limit.

  Anyway, as the parties involved, if they don’t disclose the time of the interview, no one will know when the interview will take place.

Even if it is perjury, the other party cannot provide evidence to prove that it is perjury.

It won't have much impact either.

 But... what he didn't expect was that the date of this evidence was the 15th of the month!

 So many people were watching that day, what did he say?

 So Wang Hai could only give a vague answer to this matter:

“President, I don’t remember this matter very clearly.”

.

 ….

 At the judgment seat, Peng Guangliang struck the hammer.

 As for the matter of forgery, to be honest, it is still necessary to rely on relevant certificates to determine whether the evidence is true.

 Since there are doubts about this evidence in this trial.

 The authenticity of the evidence cannot be confirmed in court.

 Because the defenses of both parties cannot confirm the truth.

 To put it bluntly - both sides insist on their own opinions, and it is completely impossible to determine whether it is true or false.

 It can only be legally confirmed by relevant personnel from the Physical Evidence Bureau and court appraisal.

 Without legal confirmation, the presiding judge will not accept the evidence.

 As to whether it is perjury, that is another matter.

  It has little relevance to the judgment of this trial.

 Clear your thoughts.

Peng Guangliang banged the gavel: "Because the evidence issued by the Industrial and Commercial Administration is questionable."

“And it is temporarily impossible to prove the definite authenticity of its evidence.”

 “In this court, this evidence will not be admitted!”

“Moreover, the collegial panel believes that this evidence will not affect the follow-up of the trial. Do the plaintiff and defendant have any objections to this point?”

 The gavel was struck, and Peng Guangliang refused to accept the evidence provided by Yu Yan.

 Concerning this situation, Yu Yan did not continue to speak, nor did he have any objections.

   After all...if there is any objection, the evidence needs to be appraised and the evidence reheard before a new trial. It is even more unfavorable for them.

Su Bai had no objection to the presiding judge’s request to continue the trial.

The main purpose of this lawsuit is still an administrative trial.

 Evidence needs to be inspected and inspected by the Bureau of Physical Evidence to determine whether it is true or false.

  Let's talk about it again... In this trial, the relevant persons cannot be sentenced based on falsified evidence.

but.…

 With this evidence, subsequent matters will be much easier to solve.

　　　…

Su Bai took a deep breath and waited for the trial to continue.

 After receiving no objections from both parties, Peng Guangliang continued to speak:

“The defendant has entrusted a lawyer to accuse the plaintiff of laziness and inaction.”

“Do you have any other points that need to be made?”

Yu Yan looked at the business administration staff aside.

 This case is based on his understanding and the corresponding situation in reality.

 If the accusation is of omission, there is indeed a case of omission.

  But as an administrative department.

This lawsuit is being heard in public again.

 Can he admit it directly?

Definitely not!

 Furthermore, he definitely needs to prove from some aspect that there is no inaction on his part.

 At this point, the entrusting department has emphasized to Yu Yan that the case cannot be lost.

  and cannot have a large negative impact.

 In response to the presiding judge’s question, Yu Yan continued:

“Regarding the plaintiff’s litigation application, accusations and rebuttals.”

 “We don’t agree with it.”

“The evidence we submitted just now has been questioned by the plaintiff and will not be accepted in the trial, so we will ignore it for the time being.”

“However, during the whole process, as a management department, we still have other actions.”

“For example: Notify Dafa Supermarket to make relevant rectifications.”

 “Is this an act committed by us?”

“If we do nothing, what is the behavior we do called?”

“So from this point of view, the facts alleged by the plaintiff are not established!”

 Tsk tsk.…

 Hard argument, right?

　Judging from this trial, the defendant was very weak no matter how he presented it.

 At best, it can only mitigate some of the adverse effects.

  But in fact, there is no way out of the situation of inaction.

 Why do you say that?

 Because what Su Bai stated just now is very clear.

 The conditions for inaction are not stated by the defendant. Action constitutes an act.

Rather, it is necessary to start from the perspective of the complainant to determine whether the results of the complaint have been implemented.

 Or find out through investigation whether the complaint is true and whether there is a timely handling and relevant reply.

to be honest-

 The general meaning is that if the content of the complaint does not conform to the true situation.

 As the relevant administrative department, there is no need to deal with it at all.

 But if the content of the complaint is true.

 And corresponding penalties should be imposed in accordance with relevant laws and regulations.

Then the competent authority should implement relevant matters in accordance with laws and regulations.

 If it is not implemented in place, it is a case of inaction.

 In accordance with the provisions of the law.

 The manifestations of inaction generally include refusal to perform, failure to reply, delay in performance, etc.

 Similar to "acting indiscriminately", it may infringe or damage the legitimate rights and interests of the complainant or other persons.

 You should admit your mistakes and apologize.

It also includes the possibility of being notified and criticized, and receiving corresponding administrative compensation and other responsibilities.

ˆHave certain legal responsibilities for its subjects to restore their reputation and eliminate the impact.

 This is a constitutive element of omission.

Of course, this also includes a series of factual conditions such as whether the main unit is an administrative unit.

 There is no objection to the fact that the above defendants are all essential elements.

so.…

 Do the defendant parties have their obligations to perform?

No!

 There is no legal or regulatory punishment at all for Dafa Supermarket, which means that it has failed to fulfill its responsibilities and obligations.

  It is the same as saying do nothing.

Rather than what is stated in the remaining words, my actions represent my actions.

 That’s not what the law states.

 Because if we follow this rule.

 When exercising administrative power, you can completely delay without any restrictions!

 The statement made by the lawyer appointed by the general defendant is entirely to eliminate the issue of influence and liability.

  Does not represent the act of possessing something.

Su Bai looked at the defendant’s lawyer’s seat and said:

“Judging from the statements made by the defendant’s attorney.”

“The content stated in it does not belong to the law at all and stipulates conditions for administrative inaction.”

“So we apply for actions against the defendant’s unit.”

 “Perform judgment!”

 About this issue, Su Bai did not want to elaborate further.

 Because it makes no sense.…

The nonsense the other party talked about is no longer within the scope of the law.

 So just ask the presiding judge to make a decision.

 And the other side.

 At the judgment seat, whether to sentence or not to sentence, this matter put Peng Guangliang into a dilemma.

If according to the plaintiff’s statement, then there are four relevant units of the defendant.

   can be judged as laziness and inaction.

Can it be judged?

Peng Guangliang frowned slightly, feeling that the trial was too difficult.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)