As a Lawyer, You Sent the Judge In?
Chapter 343: File a retrial with the High Court and monitor the results!
Chapter 343 Filed a retrial with the High Court to monitor the results!
About this time, a supervisory review was initiated.
In one respect, Su Bai believes that the court is concerned.
There are certain difficulties in determining that the judgment was unjust.
Because his previous statement was based on legal justice.
From a legal perspective, there is indeed something wrong with Jiang Feng’s judgment.
However, this kind of problem tends to fall within the scope of supervision and does not necessarily constitute illegal or criminal behavior.
However...the supervision submitted this time is not just a supervision and review of the court.
You must know that in the first instance, the relatives of Wu Yan and He Juan did not evade the case even though they knew they should.
Although there is no evidence to prove that Wu Yan and He Juan's relatives interfered with the verdict of the first instance.
However, in this case, it can be completely submitted to supervisory review.
Hence, for the supervisory review of this case, the focus of the submission is not the court judgment of the second instance and the prosecutor of the second instance.
It depends on whether there is avoidance in the first instance.
.
….
…
After submitting the submission for supervision and review, Su Bai took a long breath.
the other side.…
Li Xuezhen whispered: "Lawyer Su..."
“The focus of our submission for supervisory review this time is the issue of whether to avoid the first instance...”
“However, the presiding judge of the second instance had a clear tendency and he did not make a judgment in accordance with the procedural law...”
“Obviously a serious tendency.”
“Why not focus on this situation?”
Su Bai explained: "Because according to the court trial process, Jiang Feng did not have many illegal situations."
“Although he has a tendency, we have no evidence to prove his subjective intentionality.”
“So the main focus of this submission for supervisory review is the avoidance relationship in the first instance.”
“If certain problems can be investigated from the avoidance relationship in the first instance, it can be proved from the side that Jiang Feng intentionally favored the verdict.”
"do you understand?"
Li Xuezhen nodded: "I understand!"
.
….
the other side.…
After Su Bai submitted the supervisory review, the court of second instance released the court decision to all parties.
Unsurprisingly, the second instance upheld the original verdict of the first instance.
Xia Mingyuan was still sentenced to three years and six months in prison.
Su Bai was not surprised by this verdict.
Completed the materials prepared in advance, and then prepared to initiate a retrial.
The case was lost in the second instance, mainly because the evidence was not admitted.
Evidence that has not been admitted can be submitted as new evidence.
This new evidence can prove from the side that the confessions of Wu Yan and others are false confessions.
Then the higher court will accept the case again and conduct a retrial.
at the same time.…
Regarding the situation of the second trial this time, Su Bai specially found Xia Mingyuan and Xia Mingyuan’s wife Xie Hui to explain the situation.
Xia Mingyuan and his wife both understand the reason why the second instance upheld the original judgment of the first instance.
In the final analysis...They also know very well that the reason for upholding the original judgment of first instance is because the judicial environment is not good...
For the next thing, Xia Mingyuan and Xie Hui still left full power to Su Bai.
Xie Hui said: "Lawyer Su... I sat in the spectator seat and watched the second trial this time."
“The presiding judge did deliberately protect Wu Yan and others.”
"My family, Mingyuan, and I have no ability... we can only continue to trouble Lawyer Su."
“No trouble...these are all things that should be done in the commission.”
Su Bai could understand Wu Yan’s feelings about losing the second trial.
how to say.…
It was like there was hope originally, but unexpectedly the judicial environment in the Intermediate Court was still not good.
Loss is inevitable.
However, if a retrial is filed, the High Court can designate a retrial in a different place.
The retrial has sufficient factual evidence and the previous situation will not reoccur…
Su Bai breathed a sigh of relief. After seeing off Xie Hui, he called Li Xuezhen to the office and handed her a stack of materials:
“You should sort out these materials first. When we have time, we will go to Baichuan County No. 1 Senior High School...”
“You still want to go to Baichuan County No. 1 Senior High School?”
Li Xuezhen looked puzzled.
Su Bai smiled: "Yes..."
“Based on the information we have now, there is a possibility that the confessions of Wu Yan and other victims are false.”
“As long as the evidence appraisal is completed.”
“Then criminal cases such as false accusations can be submitted.”
“However, further confirmation is still needed...so I will go to Baichuan County No. 1 Senior High School..."
“Okay Lawyer Su!”
Li Xuezhen nodded with a smile on her face.
According to lawyer Su, submitting the case to supervisory review this time may not have much effect.
But if the false accusations made by Wu Yan and others can be proven, it will play a greater role in supervision and review!
.
….
While Su Bai was appealing and searching for relevant evidence.
the other side.…
Linhai City Intermediate Court, in an office.
After the verdict on Xia Mingyuan's case, Jiang Feng also received a notice requiring him to undergo relevant investigations.
It’s just...
Just spent a morning under investigation and returned to the Intermediate Court. I received the notice of the investigation into him in the afternoon.
The content of the notice is - Thank you for your cooperation in this investigation. After review, there are no other circumstances. Thank you.
It means that he did not commit any illegal behavior during this investigation.
Staff from the supervision department also believe that he does not have any other circumstances!
As Jiang Feng imagined, even if Su Bai submitted it for supervision and review, he would not have committed any violation of the law.
What use is supervision and review to him?
It’s no use at all!
After returning to the office and sitting on the sofa, Jiang Feng received a call not long after.
Looking at the name displayed on the phone - Li Fei, Jiang Feng answered the call without hesitation.
Li Fei was the presiding judge of the first instance of Xia Mingyuan’s case.
I have had a colleague relationship with him for a period of time, and the relationship between the two people is also good.
The reason why he was biased in this case was because Li Fei had said hello to him.
On the other side of the phone, Li Fei asked: "Is there nothing wrong with being investigated this time?"
"No."
“I just wanted to ask why the original verdict of the first instance was upheld against Xia Mingyuan during the court trial.”
“I explained it to the inspector and there’s nothing else to do.”
"That's good...I have also accepted supervision here. The city asked the county to conduct supervision."
“But there are no other questions. The main question is about the issue of the first-instance judgment.”
“I was asked to come back after asking.”
“There is nothing wrong with this case being decided this way, otherwise I wouldn’t be able to say hello to you…”
Jiang Feng nodded: "Yes! There is indeed nothing wrong with ruling this case this way."
“Oh, by the way...During the first trial, the victim and his relatives had an interest, so it was probably also reviewed.”
“How is the situation over there?”
"It's nothing. They did participate in the early stage, but later they avoided it on their own."
“This investigation is conducted by the county’s supervisory department. To be honest...if there is no major fault, just go through the process.”
"Do not worry.…"
“But this time the second instance judgment will still trouble you.”
“Let’s have a meal together later.”
“Well, I can do it when I have time!”
Jiang Feng nodded, the two chatted for a few more words, and then hung up the phone.
There is obviously no other situation in this judgment.
As he originally thought, it won't have much impact.
Otherwise, facing a top lawyer with his own traffic topics, he wouldn't be able to clearly leave any clues.
This kind of case only needs to determine that the confession is direct evidence.
Let’s talk more…
Even if it is, Su Bai filed for a retrial, and the case was overturned in the retrial...
Will it affect him?
In his opinion, no, after all... when submitting for retrial, new evidence needs to be relied upon.
That means no new evidence was submitted during his trial.
So it’s not a big problem for him.
As for the outcome of the retrial...He just helped this time, that was enough. The outcome of the retrial has nothing to do with him...
.
….
In addition, Su Bai made a request for retrial to the High Court and received a relevant response.
In the determination of the Provincial High Court, the new evidence was found to be valid, and the case was designated to be transferred to other municipal intermediate courts in the province for retrial.
At the same time, we also received responses on relevant matters regarding supervision—
The result of the response is that according to the investigation by the relevant departments, no illegal behavior was found.
Su Bai was not surprised by this situation.
Now we need to wait for the results of the retrial and the identification of evidence as false confessions.
Only before we can take the next step.
.
….
In a community in Baichuan County.
Wu Yan’s mother, Zhang Cuili, couldn’t help but muttered after receiving the news of the retrial:
“Retrial?”
“They lost the second trial and filed for a retrial. Now they are being notified to attend the court hearing again?”
“The fight is endless, isn’t it?”
Thinking of this, Zhang Cuili dialed her brother's phone number.
“I’m talking about Xiaojun, that Xia Mingyuan brought up the retrial again... What should we do now?”
what to do?
A helpless voice came from the phone opposite: "I said sister..."
“The second trial has ended, and a retrial has been filed. The appeal has been to the High Court. What can I do?”
“And some time ago, the Supervision and Inspection Bureau had already investigated me...Although it was said that there was nothing wrong with me, it was not good on my part, and there were other behaviors.”
“I really can’t help you. If you insist on asking me to help you, isn’t that cheating?”
"Just wait for the result of the retrial. As for whether he is guilty or not...it depends on whether the intermediate court transferred to another city recognizes the new evidence."
On the other side of the phone, Xiaojun expressed his attitude directly.
Zhang Cuili thought for a moment and nodded: "Okay, okay, I understand."
Zhang Cuili became extremely irritable when she thought about the possibility that Xia Mingyuan would not be found guilty in another trial.
but.…
how to say.…
Since Xiaojun has no choice, he can't force it, just take it one step at a time.
But having said that, if this is brought up for supervision and review, it will not have a big impact.
At least Xia Mingyuan was detained for such a long time in the first and second trials, which can be regarded as a lesson to him!
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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