As a Lawyer, You Sent the Judge In?
Chapter 93: Su Bai: Does filing a lawsuit count as illegal and malicious? Judge:
Chapter 93 Su Bai: Does filing a lawsuit count as illegal and malicious? Judge: Judgment! Guo Xiaojun is not guilty!
Faced with Su Bai’s lawsuit, the three parties to the lawsuit showed different reactions.
at the same time.
Outside the court hearing.
Dong Cheng frowned slightly after hearing Su Bai's lawsuit.
This lawsuit cannot be lost.
If he loses, not only will his company have big problems, but he himself will also have big problems!
Minister of Legal Affairs Zhang Changli carefully looked at Dong Cheng’s expression and spoke confidently: “Mr. Dong, don’t worry!”
“Don’t worry, even if the other party wins this case, we will only pay a few hundred thousand in compensation at most, and it won’t have a big impact on our company.”
Dong Cheng was immediately unhappy when he heard that the other party had won the case!
This is a question of whether the other party can win or not! ?
no!
This is the problem he wants the other party to squat in. Hundreds of thousands of dollars are nothing compared to other influences!
Had Guo Xiaojun not insisted on suing him, he would not have bribed Ma Li because he was afraid that Guo Xiaojun would make a big fuss and have a bad impact on the company!
just in case
If Guo Xiaojun wins the case, all his previous efforts will be in vain!
“This lawsuit must be won, and don’t say anything about the other side winning the case! You heard me!”
Facing Dong Cheng's roar, Zhang Changli nodded awkwardly: "Okay, Mr. Dong. I understand."
“Well, let’s keep reading.”
Dong Cheng nodded slightly and continued to look at the live broadcast of the court hearing.
In the courtroom, at the presiding judge's seat, after hearing Su Bai's lawsuit request, presiding judge Xu Chunxing briefly looked through the litigation materials, then raised his head and scanned the courtroom scene.
At present,
Obviously, this litigation occupies a bad disadvantage for the litigants.
The first thing to determine in this case is one thing.
First, whether Guo Xiaojun’s behavior is extortion? As long as it is confirmed to be extortion, there is no need to talk about anything else!
After clarifying his thoughts, the presiding judge Xu Chunxing banged the gavel.
Dong dong dong!
“The litigation application of the litigant has been stated.”
“As for the reasons for the application stated by the litigant, this court has a point that needs to be inquired.”
“Litigation party, please elaborate on the reasons for your application to find that Guo Xiaojun did not commit extortion.”
“A good judge.”
Su Bai nodded slightly, straightened his suit, and then took out the corresponding materials from the materials, and slowly said:
“Presiding judge, I would like to first ask our client to state the cause of the incident and ask a few questions related to this case.”
Dong dong dong!
"application passed!"
“Guo Xiaojun, you can start to state the cause of the matter, and the litigant’s lawyer can ask questions.”
“But it should be noted that everything you say and do will be recorded by the court, and no violations are allowed.”
“A good judge.”
Su Bai nodded slightly, his eyes fell on Guo Xiaojun, motioning for him to make a statement.
Commander Guo Xiaojun took a breath and remembered that Su Bai had asked himself if he wanted to win the lawsuit, so he answered it himself.
Su Bai told himself that he would answer whatever he asked him in court, but one thing was that lying was not allowed.
It seems that this answer is very crucial!
After thinking about this.
Guo Xiaojun then calmly described the cause of the incident.
“President, the cause of the matter is this”
“At the beginning, I looked at some domestic sales rankings, and then chose to buy the product that I thought was relatively good, that is, the defendant’s product.”
“But what I didn’t expect was that I suffered so much because of this incident.”
“I originally purchased this product, but my child developed severe physical discomfort after taking it.”
“Then I tested the product, but who would have thought that there was something wrong!”
Guo Xiaojun became angrier as he spoke, his face turned red and his tone was excited.
ˆ “.”
“Ahem.”
Seeing that Guo Xiaojun was a little excited, Su Bai coughed twice to indicate that it was time to stop there.
When you are so emotional, it is easy to say the wrong thing if you continue talking.
After hearing Su Bai's dry cough, Guo Xiaojun realized that he was a little emotional, so he immediately stopped talking.
At this time, Ma Li’s defense lawyer, Wang Manting, an old lawyer who was nearly fifty years old, raised his hand:
“Presiding judge, the litigant’s lawyer just coughed and interrupted Guo Xiaojun’s words. I think there is intentional suspicion and apply to suspend the parties’ statements and the litigant’s lawyer’s questions.”
Su Bai: "?"
No, you are quite old and you want to be a litigant?
What's wrong with my dry cough?
You have a sore throat, right?
Fortunately, the presiding judge Xu Chunxing looked at Wang Manting’s lawyer’s seat and simply reminded him: “The application is rejected!”
“However, the lawyers of the litigants must be reminded once and must not interfere with the normal judicial process.”
“Okay, presiding judge.”
After Su Bai finished speaking, he noticed that Li Xuezhen focused her eyes closely on Wang Manting, and nodded with satisfaction.
This old litigator!
Still want to interrupt him!
Xiao Li, stare at him!
Guo Xiaojun’s questioning has not stopped yet, Su Bai continues to ask:
“Mr. Guo, I would like to ask you why the claim amount was increased?”
"Because, at the beginning, I didn't plan to ask for so much, but my wife, who is Ma Li, said"
“It’s inappropriate to say that my annual salary is nearly one million, and my daughter has suffered so much harm, and it’s inappropriate to only ask the other party to pay such a small amount of money.”
“Furthermore, Aibo Milk Powder hinted to me that the amount of compensation could be negotiated, so I filed a lawsuit claiming five million.”
“Okay, thank you Mr. Guo for your cooperation.”
Immediately afterwards, Su Bai looked at the presiding judge's seat: "Presiding Judge, my questions are over."
“Then start your plea.”
Presiding Judge Xu Chunxing glanced down at the materials and spoke slowly.
“A good judge.”
After Su Bai sorted out a few pieces of materials, he stated:
“This case.”
“It was Aibo Milk Powder that accused us of extortion, and the reason why it was determined that we were extortion was:”
“Our client has applied for litigation compensation that far exceeds the relevant provisions of the Compensation Law and Food Law.
The other party's complaint is that food safety and medical expenses total 50,000 yuan. According to relevant legal provisions, compensation can be up to ten times, and compensation of 500,000 yuan should be made. "
“But we proposed a compensation of five million.”
“It far exceeds the legal limit, so our claim is deemed to be extortion, and we object to it.”
“The objections are as follows:”
“One: Our claim is in a civilized manner and does not meet the conditions for extortion or threats.”
“Two: The claim we make subjectively does not constitute a malicious claim. Instead, we make the claim from our own perspective, which does not constitute a malicious claim.”
“Three: The crime of extortion is an act of extorting public or private property by threatening or coercing the victim with the purpose of illegal possession. We do not intend to illegally possess property.”
“Our way to claim compensation is to sue!”
“The claim is made through litigation in court!”
"Let alone 5 million, even if we claim 10 million, it is a reasonable claim, and we should not be judged as extortion!"
“We are judged to be extortionists. Does it mean that we are seeking compensation through prosecution? Is this for the purpose of illegal possession?!”
“If it is prosecuted, it is for the purpose of illegal possession!”
“Then we are deemed to be extortionists, and we have nothing to say!” This last point is also the most critical point.
You are calling me a blackmailer, good guy! Is it illegal to file a claim through court? !
Don’t be outrageous!
During the first trial, I was not there. Guo Xiaojun’s lawyer was too bad. You bullied others. How dare you say you are sure about the second trial? Believe it or not, don’t leave today!
Don’t all leave! Leave no one behind!
ˆ And.
This is a live broadcast of the court hearing!
Su Bai cast his eyes on the prosecutor's seat. It could be seen that the prosecution lawyer's brows were furrowed. What did he say?
The other party’s question was a bit tricky!
At the same time, outside the court hearing.
Luo Daxiang watched the content of the court hearing and couldn't help but clap his hands at the questions raised by Su Bai.
This is a good question!
If it is illegal to sue for compensation, then why is it not illegal? ?
The crowd in the live broadcast room immediately became excited when they heard Su Bai's words!
“Well said, Damn, this case is already outrageous, this question is the key point!”
“Fuck! That’s great! This lawyer is really good! The question goes directly to the opponent’s weak spot!”
At the same time, the focus of the live broadcast of the court trial was on Su Bai, with comments in the live broadcast room:
“This lawyer looks familiar. I seem to have seen him somewhere. Mr. Luo, could it be that his court trial was broadcast live before?”
“Yes, yes, it looks familiar to me, I feel like I’ve seen it before!”
“+1+1.…”
.
….….
Luo Daxiang nodded slightly: "Those who look familiar must be old fans. This lawyer is indeed the lawyer who worked on the Nandu Bank case earlier and the Qi Feng case last time!"
“A top criminal lawyer!”
There are fan comments:
“No wonder. This lawyer is really awesome! Hahaha, let me just say that I have seen it before. The Nandu Bank case and the Qifeng case are both big cases! This lawyer can be called a top criminal lawyer!”
"Seconded.…"
.
….
Watching the live broadcast of the court hearing, some were happy and some were unhappy.
In the office of General Manager Aibao, Dong Cheng took a deep breath:
“Chang Li, do you think the prosecution can handle this Su Bai?”
Zhang Changli smiled slightly and did not express his position:
“Mr. Dong, I’m not very clear about this either. Let’s continue reading!”
Dong Cheng's expression was a little nervous, but he didn't show too much in front of Zhang Changli.
In the court hearing room, in the seat of the presiding judge.
Facing Su Bai's question, the presiding judge frowned slightly. This was a live broadcast of the trial, and the question raised by Su Bai was indeed too targeted!
If the answer is not good, it will be a court accident!
And it was a very serious court incident!
Turning his head, the presiding judge Xu Chunxing looked at the prosecutor’s seat: “Now please speak to the prosecutor’s lawyer.”
The prosecution lawyer smiled helplessly.
Su Bai’s question was indeed a bit explosive.
He also knew this question in his heart. If he answered it wrong, it would be a very serious court accident. As a public prosecutor's lawyer, he would not need to work anymore.
At the moment, he couldn't say anything.
Of course, he could also see that there were indeed certain problems with this case, and there was no problem in acquitting Guo Xiaojun.
If you talk too much, you will be in danger. You are just a prosecutor's lawyer and a public prosecutor's lawyer, so you have to express your attitude.
In response to Su Bai’s question, the prosecutor’s lawyer calmed down his emotions and asked several related questions:
“Presiding judge, we have a few simple questions for the litigants.”
"First: Does Guo Xiaojun know the relevant laws and regulations regarding claims? Why did he first claim for 700,000, and then claim for 5 million? 700,000 is similar to 500,000. At first he made a claim for 700,000, and then he made a claim for 5 million. , will there be any behavior that violates the law?"
“Second: There is a key point in the accusation against Guo Xiaojun.
There is a letter of accusation in it. The content of the accusation letter was described by Guo Xiaojun’s wife Ma Li. It talks about Guo Xiaojun’s intention to extort money.
Is Guo Xiaojun consistent with the description in the complaint letter, or did he not intend to engage in extortion at the beginning, but later proposed 5 million with the intention of extortion? "
“For the above two issues, we need to understand clearly.”
“Presiding judge, the prosecutor has finished speaking.”
After listening to the prosecutor's speech, Su Bai nodded slightly. It must be said that the other party's two questions hit the key point.
If you know the relevant laws and regulations, then you are expressing your subjective intention to blackmail maliciously.
But if you don’t know, then it means your subjective intention is not malicious.
The second question is from a normal perspective.
After Su Bai asked the question, the prosecutor was able to ask the question from this angle, which shows that his level is good!
The judgment seat, the seat of the presiding judge.
Dong dong dong!
Xu Chunxing banged the gavel: "Litigation party, in response to the prosecutor's question, can you produce the corresponding evidence?"
“The chief judge who can.”
Su Bai quickly pulled out a few pieces of materials from the litigation materials:
“Presiding judge, based on Guo Xiaojun’s statements to relevant law enforcement units during the appeal period, Guo Xiaojun was obviously unaware of the relevant provisions on compensation.
At the beginning, a claim of 700,000 yuan was made, which was close to 50,000 yuan, but this also exceeded the legal limit and was not within the reasonable legal scope of claiming 500,000 yuan.
700,000 yuan has exceeded the regulations, and has exceeded 500,000 and 200,000 yuan, and the amount exceeds 1/3.
If Guo Xiaojun knew the relevant regulations, he would not have filed a claim for 700,000 yuan, because this is obviously illegal.
The key to filing a claim is that it is for his own income, and among the above, Ma Li’s influence is related to the negotiations proposed by Aiba Enterprise. "
“That is, there is no case of knowing the law and breaking the law.”
"at the same time."
“According to the evidence presented by the relevant law enforcement units, it has been shown that Guo Xiaojun’s various confessions and evidence point to showing that his words and deeds are consistent, and there is no change in his words.”
“Similarly, if he had the intention of extortion from the beginning, why didn’t he propose a compensation amount of 5 million from the beginning?”
“But the amount of compensation was later increased to 5 million?”
“I hope the judges will take this into consideration.”
Su Bai handed over the relevant certification materials to the staff around him.
After the presiding judge received the corresponding evidence materials and looked at them carefully, he already had an idea in his mind.
This case already had certain problems, and now Su Bai has raised such an explosive point of view.
There is nothing left to worry about in determining innocence.
Immediately afterwards, the presiding judge Xu Chunxing turned to look at the prosecutor: "Prosecution lawyer, do you have anything to add?"
All the questions that need to be asked have been asked.
The prosecution lawyer said: "Presiding judge, the prosecution has no additional evidence to add."
“Does the prosecutor have any objections to the issues raised by the litigant?”
Who dares to object to this question?
Presiding judge, you raise this question.
Presiding judge, do you think you dare to have any objection?
“Presiding judge, the prosecutor has no objection.”
"good!"
Xu Chunxing nodded solemnly and banged the gavel.
Dong dong dong!
“The first-instance judgment against Guo Xiaojun showed insufficient factual evidence and lack of strong evidence to prove that Guo Xiaojun committed the crime of extortion. It is temporarily determined that Guo Xiaojun does not have the criminal facts of extortion.”
“Follow up, when the judgment comes, make the judgment!”
Dong dong dong!
As the gavel fell, Guo Xiaojun was filled with excitement: "Thank you, presiding judge!"
Thinking of the first-instance judgment and comparing it with the second-instance judgment, Guo Xiaojun couldn’t help crying.
PS: Please give me a monthly ticket~
I really didn’t mean to be careless.
I’m sorry. I’ll try my best to write it completely next time and try to update it!
(End of this chapter)
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