You became a lawyer and sent the judge in?
Chapter 101 The First Administrative Litigation Case
in a statutory sense.
The definition of picking quarrels and provoking trouble is vague.
Basically, there are only three points for being convicted of this crime.
First, it has caused an extremely bad impact. Second, our lawyer is a noob. Third, there is a problem with the procedure.
It is difficult to have procedural problems in this world.
I didn’t see that last time, all the judges in the first instance of Guo Xiaojun’s case were transferred from their posts...
Therefore, there will generally be no procedural problems.
Of course, in court proceedings.
The main key to the judgment includes the subjective intention of the judge.
Building bridges is a good thing.
According to Zhang Laichun, in this case, the verdict
It’s outrageous!
It’s simply off the mark!
The person sentenced was Zhang Laidong, Zhang Laichun’s brother.
He was sentenced to six months in prison for tolling for funding bridge repairs.
Su Bai took a breath and then asked: "Did you hire a lawyer during the first trial?"
Zhang Laichun scratched his head.
"Well, during the first trial, when we hired a lawyer, we just hired a random lawyer. I felt that the professional level was not very good."
"We thought what we were doing was a good thing and there was no big problem, but who would have thought that we would actually be sentenced?"
If the business level is not very good, then the answer to this question is found.
If a public prosecution lawyer is like Lu Wei, facing someone who has already filed a case, he would like to send everyone in. If you encounter someone like this, he will definitely find a way to send you in.
And do it.
pick a quarrel.
As long as this crime is sidelined even a little bit, the prosecutor's lawyer can completely influence the will and tendency of the judges.
hiss.
This kind of case with vague crimes is indeed difficult for other lawyers to fight!
After all, the most important thing in the definition of this crime is the intention of the judge.
but
As for this case, it is outrageous that it was filed.
After all, Zhang Laidong's construction of the bridge was obviously a good thing.
How could the case be filed if we didn't have certain key evidence or for other reasons?
Su Bai asked a few more key questions before he learned the whole story.
It turned out that there was a bridge construction company, and they noticed that there was no public bridge in this place.
I want to apply for a public bridge project in this place.
But there cannot be two bridges in one place, so the company discussed with Zhang Laidong whether the private bridge could be demolished.
Zhang Laidong meant that the other party had not built the bridge yet. People had to walk on this private bridge, so he did not agree.
Without saying a word, the bridge construction company reported Zhang Laidong to the relevant law enforcement agencies on the grounds that he illegally built the bridge and charged privately.
Zhang Laidong was prosecuted.
And also reported it to the relevant departments.
Zhang Laidong faces an administrative fine of 300,000 yuan.
According to Zhang Laichun's description, Su Bai had a general understanding of the relevant issues and the relevant demands.
The appeal is simple.
First: Make a plea of not guilty.
Second: Apply to cancel the administrative fine.
Facing Zhang Laichun's lawsuit request, Su Bai nodded slightly.
However, Zhang Laichun's description of the specific situation is not detailed yet, and the relevant information needs to be understood through the files.
If there is no dossier
It’s hard to tell what the situation is.
Moreover, he also needs to further understand the parties' ideas.
After thinking about it, Su Bai said: "Based on your statement, I already understand the general process."
"If you intend to file a lawsuit with our law firm, you can sign a power of attorney first."
"With the power of attorney, our law firm can proceed with the next step of the investigation."
"Okay Lawyer Su."
Zhang Laichun nodded, then frowned slightly and asked:
"...Lawyer Su, can my brother win this case?
Just don't go to jail.
And the administrative penalty of 300,000 yuan is indeed too much for us.
Can it be less? "
Su Bai thought for a few seconds and said, "We can only say that we will try our best, but we cannot guarantee it."
Zhang Laichun nodded silently: "Okay, Lawyer Su, I understand."
Soon, the relevant power of attorney had been signed.
Before leaving Haifang Law Firm, Xiao Haibo stuffed two kilograms of tea:
"Lawyer Su, thank you for helping me this time. This case involves many issues and the attorney fees are not very high."
"But this was introduced by an old client of mine, so it's hard to refuse."
"Lawyer Su, even if you have helped me a lot this time, I will definitely help if your law firm encounters any civil litigation problems in the future!"
Facing Xiao Haibo's words, Su Bai smiled slightly.
"Lawyer Xiao, you're welcome."
In this case, even if there is no legal fees, it can be exchanged for Xiao Haibo's favor.
Nandu Min sued the senior partner of a top law firm for a favor, which is not a loss no matter how you look at it! .
….…
On the way back to Bai Jun Law Firm.
Li Xuezhen had a straight face, remembering what happened in this case, and said in a serious tone:
"Lawyer Su, I don't understand."
"Why would someone do this?"
"Isn't it a good thing for people to build bridges?"
"It's really annoying that there are still people reporting it..."
"unacceptable!"
"I think the person who reported it should be sent in!"
Li Xuezhen's face was full of anger.
Su Bai smiled and said:
"There are indeed certain problems in this case. According to Zhang Laichun, the person in charge of the bridge repair company reported and provided evidence on this matter."
"A case can be filed."
"That shows that the evidence does have a certain legal basis."
"It's quite unethical, but this judgment should be based on relevant laws and regulations. Let's get the file first and then read it!"
"profound.…"
“Good lawyer Su”
"Lawyer Su, what I said just now were all angry words. I had no intention of sending anyone in. Lawyer Su, please don't misunderstand me."
Su Bai:? ? ?
What you just said was true, okay?
Tell me... who do you think you don't want to send in?
The other party's lawyer, the party being sued, the defendant, and even everyone sitting in the presiding judge's seat, who do you not want to...?
Now explain this to me
Can you believe it?
Su Bai just went through these words roughly in his mind without saying them in detail.
It doesn’t matter if you know Li Xuezhen’s little thoughts, you can slowly and subtly correct them.
but!
If you speak out and aggravate this thought, you will be in trouble in the future.
"Well, I understand."
"Let's retrieve the files of the first trial first."
Seeing that Su Bai didn't pay much attention, Li Xuezhen breathed out carefully.
Hey.
I accidentally failed to control my thoughts just now, but fortunately nothing went wrong.
Seeing that Su Bai had already walked away, Li Xuezhen trotted to follow him.
Zhang Laidong's case was not in Nandu, but in a county next to Nandu Linshi.
Named Nanchuan County.
Nanchuan County is under the jurisdiction of Linnan City.
The first instance of this case was also heard by the Nanchuan County Court.
Arrive at the Nanchuan County Court.
Su Bai submitted relevant materials and applied for copying the dossier.
After receiving the relevant materials from Su Bai, the relevant staff carefully checked them and then spoke:
"As for the relevant files, it will take about two hours to complete the copying."
"Please wait patiently."
"OK, thanks."
Su Bai smiled and said thank you.
After sitting in the hall with Li Xuezhen and waiting for nearly two hours.
The female staff member smiled and handed the copied file to Su Bai.
"Hello, this is the file you want."
"Thanks."
"You're welcome, this is the job we should be doing."
After Su Bai took the file, he handed it to Li Xuezhen.
After Li Xuezhen put the dossier into the briefcase, she patted the briefcase:
"Lawyer Su, we have obtained the file, what should we do next?"
"Well, let's go back to the law firm first."
Su Bai nodded slightly and spoke.
The dossier has been obtained, so the remaining problem is to check the dossier to see if there are any problems, and then go to see the person involved.
Linnan City is not far from Nandu. Soon, Su Bai and Li Xuezhen took a taxi and returned to the law firm.
And, the files were sorted out.
An hour later, Su Bai rubbed his brows and roughly sorted out the contents of the file.
And after clarifying the relationship between the evidence and the judgment, and taking a long breath, I had a rough judgment in my heart.
this case.
There is indeed a certain degree of difficulty.
The difficulty lies in the judge's preference.
Let’s talk about the first instance verdict first.
The main reason why the first instance found that Zhang Laidong was guilty of picking quarrels and provoking trouble was based on the third point in the definition of the crime of picking quarrels and provoking trouble.
Taking forcibly or destroying at will, occupying public or private property, and the circumstances are serious.
Reasons for determination.
The bridge repair institute occupied public and private property, charged fees, and used it to make profits for itself.
If the amount of profit reached 30,000 yuan, he was sentenced to six months in prison.
have to say
This crime of picking quarrels and provoking trouble is really awesome.
According to this definition, there is indeed nothing wrong with it.
But this charge is completely unreasonable and you can't find anything wrong with it.
You say you are not guilty?
good!
I will directly take out the laws and regulations, point them to you and read them to you, and then explain them to you.
You still say you are not guilty?
No, why are you so tough-mouthed?
I read it to you in accordance with the laws and regulations, but you still say you are not guilty?
Talk back? !
I'll judge you!
Not only is there nothing wrong with the judgment, but there is nothing wrong with the judgment, leaving you with no recourse.
Because the judgment is completely in accordance with the laws and regulations, you can't find any faults.
hiss.
Let’s take a look at the administrative penalties. If you build a bridge privately without approval and gain unjust benefits, you will be fined 300,000 yuan.
The fine was also very heavy, and Zhang Laidong simply couldn't afford it.
Tsk tsk
I have to say that in order to take over the project, the bridge construction company knew the law quite well and reported it without saying anything. Not only did they report it, but the report was successful!
TMD.
After Su Bai understood this, he then went through the evidence materials submitted in the file.
After a brief tidying up, I took a long breath.
"Let's meet the person involved first!"
.
….…
On the next day, Su Bai took Li Xuezhen to the Nanchuan County Detention Center.
After submitting relevant materials.
For people like Zhang Laidong who were sentenced to only six months, the detention center staff reviewed the materials and asked about relevant matters.
The corresponding staff brought Su Bai and Li Xuezhen to the summons room.
How to say.
No need to be sophisticated, the work efficiency in Nanchuan County is quite high!
Summons room.
After the relevant staff asked some relevant matters and regulations, they said:
"It will take about ten minutes to summon the suspect."
"OK, thanks."
Su Bai politely thanked her and Li Xuezhen waited quietly in the summons room.
Li Xuezhen has a straight face.
I quite admire Zhang Laidong, who built bridges and did good deeds.
soon.
Zhang Laidong came to the summons room. He was not too old, but he looked very old. The skin on his face was darker than that of Zhang Laichun.
At first glance, it is the result of years of hard work.
After Zhang Laidong saw Su Bai, his eyes lit up a little, and then he sat on the stool. He seemed a little reserved when facing Su Bai. He calmed down for a few seconds before speaking:
"Hello, lawyer, I am Zhang Laidong."
Su Bai smiled and nodded: "Hello, I am your attorney, Nandu Baijun Law Firm, Su Bai."
"Just call me Lawyer Su."
"Okay Lawyer Su."
After hearing Su Bai's words, Zhang Laidong's restrained mood eased a lot, and there was a hint of brightness in his eyes.
"Lawyer Su, actually it doesn't matter if I'm sentenced to six months. That bridge is for the convenience of villagers to cross. I don't charge fees to make profits. As long as someone builds it and it is convenient for the villagers, it doesn't matter if it is demolished."
"only."
"My children are going to college. After I am sentenced, this will have an impact on my children's going to college."
"I still hope that the law will take account of my bridge construction, and don't let this affect my children's college education and the money. It's too much and I can't afford it."
"Lawyer Su, I only have this request..."
When Zhang Laidong spoke, his dark face was completely wrinkled.
"call"
Su Bai looked at Zhang Laidong.
For people like Zhang Laidong, I couldn't help but feel a little admiration in my heart.
There was silence for a few seconds.
After gathering his emotions, Su Bai slowly said, "Yes! I already understand your request."
"In this case, our law firm will try our best to help you appeal."
"You don't have to think too much about the rest...just leave it to our law firm."
"The key point now is the second trial."
"Do you have anything to say about this evidence? Or is there anything you want to refute, or is there any disagreement?"
Su Bai took out relevant evidence materials from his briefcase and placed them on the table.
After Zhang Laidong took the materials with both hands, he squinted his eyes and carefully looked at the materials Su Bai handed him bit by bit.
If the material is messy, use your wrinkled hands to smooth it out.
Half an hour later.
Zhang Laidong rubbed his eyes with his rough hands, pointed at some problems in the materials, and spoke slowly:
"Lawyer Su, I think there is something wrong with these points."
Su Bai nodded.
Indicated to Li Xuezhen to record it.
Li Xuezhen recorded the problem pointed out by Zhang Laidong with a serious expression.
After completion.
Su Bai looked at the recorded materials, went through them roughly, sorted them out, and put them into his briefcase.
Then he asked Zhang Laidong some related matters.
Zhang Laidong nodded seriously: "Okay, Lawyer Su, I will listen to you."
After dealing with all this.
Su Bai took Li Xuezhen out of the detention center.
After walking out of the detention center, Li Xuezhen looked depressed and spoke slowly:
"Lawyer Su, I think Zhang Laidong is really a good man. He should not be sentenced."
"Lawyer Su, we will definitely win this lawsuit, right?"
Su Bai raised the corner of his mouth slightly: "Do you think I will lose the case?"
Li Xuezhen's eyes narrowed into a crescent moon: "Lawyer Su, no way!"
Su Bai: This is the first administrative-related litigation case. I will definitely not lose!
PS: Please vote for me~
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