As a Lawyer, You Sent the Judge In?

Chapter 339 Court trial: When there are stakes involved, supervision is useless? Continue the accusation to the next level!

ˆProactively indicate that the judicial environment is not very good.…

This shows what?

 This shows that submitting this case to supervisory review at the beginning may not have much clues and effects.

  In other words, there may be some inaction in the supervisory review and cold treatment.

but.…

  What should I say about this kind of case...

 Small counties are the courts of first instance.

 If you lose the first instance and proceed to the second instance, you need to appeal to the intermediate court.

 That is, the Municipal Intermediate Court will conduct relevant review of this case.

 And the municipal supervision can also be carried out to conduct relevant investigations on the case.

Regarding what Xie Hui said about the not-so-good judicial environment, Su Bai told Xie Hui not to worry about it for the time being:

“The judicial environment in small counties is not very good, but first-instance cases are not heard by the basic courts, but by the municipal intermediate courts.”

 “Then there is the aspect of supervision.”

“Since...it’s not good to file a malfeasance inspection in your county first, then appeal first.”

“Appeal this case to the Municipal Intermediate People’s Court for judgment and review the interests involved.”

“The matter will then be handed over to the city supervisory authority for processing. In this way, there will basically be no other situations.”

 Hearing the method given by Su Bai, Xie Hui nodded:

“Thank you, Lawyer Su. As long as you can help our family live without being sentenced, our family will be very grateful.”

"You're welcome...Since there are no other issues with this case."

“Then sign the power of attorney first, and then you can file an appeal.”

"OK."

 Soon, Xie Hui signed the relevant power of attorney.

After Xie Hui left, Xiao Haibo smiled and said:

“Lawyer Su, this time I have caused you trouble again.”

“Xie Hui said that the current judicial environment in my hometown is not good, so it is estimated that this case may also face certain obstacles in terms of procedures and processes.”

Su Bai smiled and said, "It's not too much trouble."

 However, judging from the circumstances of this case, there are indeed certain problems.

 The specific size of the problem requires in-depth understanding before it can be determined.

.

 ….

At the law firm, Li Xuezhen placed all the compiled materials in front of Su Bai's desk.

 Then he spoke: "Lawyer Su..."

“I have organized this case according to your request.”

“I think this case must involve the family members of the two female students.”

 “Otherwise...it would definitely not be such a sentence!”

"Um.…"

Su Bai agreed with Li Xuezhen's words, but based on the current situation, he decided to appeal first.

 At least revoke the first-instance judgment against Xia Mingyuan.

Only in this way can we make judgments about other situations.

 As for whether there will be any other subsequent developments, they will all be based on this condition.

“Let’s go see the parties involved first, understand the situation, file an appeal, and ignore the rest for now.”

 “Oh, good Lawyer Su,”

Li Xuezhen nodded and spoke.

.

 ….

 Linhai City, Baichuan County.

 This is the county where Xia Mingyuan is located. The first-instance case was heard by the Basic Court of Baichuan County.

 After being sentenced.

Xia Mingyuan is also being detained in the Baichuan County Detention Center.

 Just after the Baichuan County Court announced the verdict.

Xia Mingyuan insists on appealing to the second instance, so the case has not yet been transferred to the prison for jurisdiction.

 The entire process from the detention center to the client.

 I won’t say anything else for now…

 Just after Su Bai had presented the relevant materials, he wanted to enter the detention center and take a look at Xia Mingyuan, the person involved in this case.

 It took nearly a day to wait.

how to say.…

 From this point of view, in terms of judicial efficiency.

 Not too high.

 It just took some time.

 Fortunately, in the end, as Xia Mingyuan's client, Su Bai came to the detention center and met Xia Mingyuan.

Xia Mingyuan has black eyes, is about 1.7 meters tall, and has messy hair.

I don’t know if it was because of this incident that I suffered a huge blow. It can be seen that my mental state is not particularly good.

 After meeting Su Bai and learning that it was the lawyer introduced by Xiao Haibo.

 The whole person’s mental state has just returned a little.

 After seeing that Xia Mingyuan's spirit had been restored, Su Bai began to ask some questions, such as:

 Have you received any special treatment or encountered other circumstances in the detention center?

 Whether this really happened when she was accused by the female student.

　　And so on.

 Of course these questions are asked for relevant purposes.

 For example:

 The first question mainly involves whether there was any forced confession or mental torture during the process, and whether there was any admission of guilt or punishment.

 The second one is to confirm once again whether any indecency or harassment has occurred.

 In other words, Xia Mingyuan had conversations with those female students, or other behaviors could be considered obscenity and harassment.

Regarding this point, Xia Mingyuan repeated it many times:

“During the first trial, the judge asked me if there was any physical contact between me and the female students.”

  “I said yes.”

“Because as the dean of students, I sometimes manage situations where students may touch their shoulders.”

“I told the judge truthfully about this matter, and then the judge thought it was obscene.”

 Su Bai: .….

This is considered obscene?

This is because the judge really can't find any other situation, right?

If there are other circumstances, it can be said that the teacher used corporal punishment on the students, causing intentional harm.

However, according to Xia Mingyuan's statement, he was only conducting legitimate educational contacts.

  It did not cause any medical harm to the female students.

 So it can only be considered obscene?

.

 ….

 After asking about relevant specific matters.

Su Bai asked Xia Mingyuan to wait in the detention center for a while.

 Then he informed Xia Mingyuan of the relevant litigation process and details.

Xia Mingyuan listened and nodded after Su Bai told the relevant situation.

 “Good lawyer Su... I’ll listen to you.”

.

 ….

 Get out of the detention center.

Su Bai raised his head and glanced at the slightly cloudy sky, and took a deep breath.

 “Let’s go...go and find out the situation on the spot first.”

Li Xuezhen was confused: "Understand the situation on the spot?"

"Lawyer Su...what do you know about the situation?" "This case occurred in Beichuan County No. 1 Senior High School. I must go to the school to take a look and understand the relevant situation."

Li Xuezhen didn’t know much about what lawyer Su learned about when he went to the middle school, but she still followed Su Bai.

Goed to Beichuan County No. 1 Senior High School.

.

 ….

After finishing, Su Bai breathed a sigh of relief, turned his head and said: "Okay."

  “The relevant things have been prepared and completed.”

 “Get ready to appeal!”

"Um!"

Li Xuezhen nodded and followed Su Bai to Linhai City Intermediate Court to submit an appeal application.

 In this appeal application, Su Bai submitted new factual evidence and relevant determinations.

 Soon.

Linhai City Intermediate Court decided to start the court proceedings for the second instance of Xia Mingyuan’s case.

 And all parties were notified.

.

 ….

at the same time.

 In a community in Baichuan County.

　　A woman in her late 40s heard content coming from her mobile phone.

 Hair couldn't help but show a trace of anger on his face, and he yelled angrily:

“He is in his decades, he harassed a female student, and now he has been sentenced. Do you still want to appeal?”

 “Appeal to what?”

“Let me tell you, Xiaoyan’s matter must be resolved properly.”

“Didn’t you say earlier that Xia Mingyuan’s behavior constituted harassment of Xiaoyan, as well as indecency?”

 “Isn’t this done?”

“If Xia Mingyuan had been willing to help us, Xiaoyan, and returned to school, everything would have been easy.”

“But since he fired our Xiaoyan, didn’t help, and harassed and molested our Xiaoyan, we must find a way to get him in!”

“I asked you, as an uncle, if you could do something about your niece’s affairs..."

A rich male voice came over the phone: "Sister..."

“This case was appealed directly to the Intermediate Court, and the jurisdiction is not within the county.”

“I’m just here to inform you... Look at what you say now, okay, I’ll think of a way.”

“But you should also contact the parents of Xiaoyan’s female classmate.”

 “Okay, okay, I understand.”

　　After hanging up the phone, the woman dialed another number. She started by saying a few words.

 Later, the matter of Xia Mingyuan's appeal to the second instance was revealed.

 The other party was obviously quite concerned about this matter, and I didn’t know what he said.

 After hanging up the phone, the woman had a satisfied smile on her face.

the other side.…

 A girl aged 16 or 17 came out of the room and spoke:

“Mom, what were you talking about on the phone just now? Was it about me being molested?”

 “Yes...that’s it.”

“The dean of your school has appealed again about this matter.”

 “Appeal? Appeal to what?”

“It’s about disobeying the first-instance judgment and going to the city to appeal. But this has nothing to do with you. I’ll let your uncle worry more about it.”

 “Xiaoyan, don’t think too much about it.”

 The woman waved her hand, and the girl named Xiaoyan said oh, and then returned to her room.

.

 ….

 As for the second trial, after notifying all parties, it quickly entered the court hearing stage.

 This court hearing involved minors and the defendant raised personal privacy rights.

 Hence, the Intermediate Court decided not to make this hearing public.

Su Bai and Li Xuezhen were sitting in the waiting room, waiting for the trial to begin.

 Soon, it was approaching court time.

  Relevant staff took Li Xuezhen and Su Bai into the waiting room.

 The judgment seat, the seat of the presiding judge.

 As the presiding judge this time, Jiang Feng has relevant understanding of the judgment of this court trial.

but.…

 This court hearing involves minors.…

 Forget it, let’s take a look first.

 After sounding the hammer, Jiang Feng announced the opening of the trial, and then asked the appellant to appoint a lawyer to begin stating the reasons for the appeal.

 This case is an appeal filed by Xia Mingyuan against the first-instance judgment.

Su Bai, as the authorized lawyer, began to state the appeal application:

“Presiding Judge…Our appeal application is as follows.”

“Our client Xia Mingyuan has objections to the first-instance judgment that sentenced us to obscenity and molestation of underage women. The circumstances were serious and the sentence was three years and six months in prison.”

 “Application to reject the result of the first instance judgment.”

 “The following are the reasons for our application.”

“First of all, in the first instance judgment, there was no substantive evidence and objective facts to prove that Xia Mingyuan was harassing and obscene.”

“Our client should not be punished based on the absence of objective factual evidence.”

“Secondly, we believe that in the first-instance trial, law enforcement and prosecutorial departments have a stake in the victim.”

“The court of first instance clearly knew that there was a stake in the case, but did not make a factual recusal.”

“So regarding this point, we believe that it is the key issue that led to our failure in the first-instance judgment.”

“Because the court of first instance did not allow interested parties to make relevant recusals, it was inconsistent with the process of the trial.”

“Based on the above two points, we believe that the first-instance judgment against Xia Mingyuan should be revoked.”

 “Acquitted.”

“The presiding judge above is our relevant statement.”

Su Bai finished his statement.

Jiang Feng, who was sitting at the presiding judge's seat, turned to look at the victim's seat and the prosecutor's seat.

This time, the three female students in the victim’s seat were all present.

 The first-instance judgment was revoked for Su Bai's statement.

Jiang Feng thinks it’s understandable, but he makes a judgment based on the relevant interests.

　This.…

  “I won’t mention the relevant interests for now.”

“The court will conduct relevant investigations in the future.”

“This trial will focus on whether Xia Mingyuan is guilty and whether to revoke the first-instance verdict.”

Su Bai frowned slightly at the presiding judge's words.

 Stakes are part of the first-instance judgment.

 It is a question of whether there is a principle of avoidance.

 Can the chief judge directly request not to mention it for the time being?

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)