As a Lawyer, You Sent the Judge In?
Chapter 174: New criminal facts, second trial: increased sentence!
Chapter 174 New criminal facts, second trial: increased sentence!
As for Qian Wei’s second-instance lawsuit, the Provincial High Court quickly agreed to the second-instance request.
However, the place of trial was not in the Provincial High Court, but was sent back to the court of first instance for a new trial.
The Changshi Intermediate People's Court responded quickly to the retrial of the case and determined the time for the hearing.
After the court date is determined, it is the eve of the court session.
Guan Tong also specifically notified Su Bai and asked Su Bai to come over and take a look at the second-instance verdict.
Su Bai agreed and took Li Xuezhen to the auditorium on the day of the trial.
Originally, Su Bai just wanted to take Li Xuezhen with him, but what he didn't expect was that Li Xuezhen took the initiative to take Wang Kexin with him.
“Lawyer Su…”
“Wang Kexin from our law firm also wants to see the second trial this time and wants to follow along. Is it possible?”
It doesn’t matter how many you go to, it’s all about learning.
I greeted Xu Xiang and confirmed that bringing Wang Kexin, a trainee lawyer, would not affect Xu Xiang's work progress.
Su Bai took Li Xuezhen and Wang Kexin to the Changshi Intermediate Court, which was the original court of first instance.
After sitting down.
The excited expression on Wang Kexin’s face is no less than that of Li Xuezhen!
It's just the light in the eyes, not as clear as Li Xuezhen's.
Su Bai: .….
At this time, Su Bai knew why Li Xuezhen proposed to take Wang Kexin with her.
Co-authoring is the development of a small team for giving away people, right?
Let’s witness the moment when the chief judge is sent in?
Tsk tsk.…
Su Bai rubbed his eyebrows. If things continue like this, wouldn't everyone in the law firm be crooked in the future?
The upper beam is not straight and the lower beam is crooked.
Bah!
Wrong!
What does this have to do with him?
This trend is obviously caused by Li Xuezhen!
Li Xuezhen: I didn’t know before that Ke Xin is a fan of giving away things to others…
However, Su Bai didn't pay much attention to these.
They are spectators in this court trial and do not participate.
only.…
This small team for giving away...cannot be expanded any further!
At this time, Liu Jun, who was sitting on the litigant's seat, noticed Su Bai on the viewing seat.
Liu Jun frowned slightly, his gaze falling on Su Bai's face for about five seconds, and then he withdrew his gaze.
He was very well prepared for this trial, but he said he was almost sure of it.
Must win the case! .
…
Must win?
Su Bai noticed Liu Jun's gaze, shook his head slightly, and focused on the trial.
.
….….
After all parties have entered the venue.
Hand in court.
The presiding judge briefly explained the court proceedings and other matters.
The litigants and prosecutors begin to state the lawsuit application.
Liu Jun directly defended his innocence, and the most critical piece of evidence he presented was:
Witness.
The witness was the witness who saw Zhang Dahu helping Chen Meixia up and sending her to the hospital.
Through the perspective of witnesses, we can further determine that Zhang Dahu was the person who knocked down Chen Meixia.
This is the basis for overturning the verdict against Qian Wei for violating the law.
Because the most important point in judging Qian Wei's wrongful judgment is that the judgment deviates from the facts.
If the court determines that Zhang Dahu really knocked down Chen Meixia, then Qian Wei's judgment does not deviate from the facts.
The prosecution was naturally dismissed.
Based on this point, Liu Jun even challenged the first-instance prosecutor’s lawsuit.
Can Guan Tong tolerate this? I definitely can’t bear it!
Your legs are so bad!
Are you kidding me if you find a passerby to testify and question the prosecutor? !
Guan Tong was able to confirm that Zhang Dahu did not hit anyone, and the factual evidence has shown that Qian Wei's problem is particularly big.
I found passers-by to testify.
I don’t know what I was reminded or told.
The passers-by insisted that Zhang Dahu helped the person up, and then Liu Jun inferred from various details that Zhang Dahu knocked the person down.
to be honest.
There is still no direct evidence, and a single piece of evidence cannot form an evidence chain.
Furthermore, Guan Tong asked passers-by some detailed questions.
The words of passers-by as witnesses were vague, inconsistent and unclear.
Later, the testimony of passers-by was naturally judged to be invalid.
However, after Liu Jun's plea in this trial, there was still a possibility of a suspended sentence. When the presiding judge asked both parties whether to submit new evidence.
Guan Tong simply stopped pretending.
The collected evidence was directly submitted to the court hearing.
“Presiding judge, we submit three new pieces of evidence against Qian Wei.”
When Guan Tong opens his mouth.
Liu Jun:? !
Three what? Three new pieces of evidence? !
Guan Tong ignored Liu Jun's reaction and continued to speak:
“The three new pieces of evidence we submitted are as follows:”
“The first one is what the prosecutors collected about Qian Wei’s receipt of valuable gifts in Wang’s case.”
“The second is that in Xu’s case, the prosecutor learned that Qian Wei had committed illegal crimes.”
“The third one is the key judgment evidence obtained by the prosecutor in a certain case.”
“Based on the above, Qian Wei formed new criminal facts.”
“We request the members of the collegial panel to make a judgment on this.”
Subsequently, Guan Tong handed the relevant evidence to the staff beside him.
Staff on the side handed the evidence to the members of the combined court.
After confirming the relevant evidence, Guan Tong continued to speak:
“According to the provisions of Article 399 and Article 385 of the Criminal Law.”
“Because he is guilty of the crime of accepting bribes in Article 385 and at the same time is guilty of the crime of perverting the law in Article 399, he shall be convicted and punished in accordance with the provisions of heavier punishment.”
“Based on the final provisions of Article 237, if there are new criminal facts, the court may increase the sentence.”
“Therefore, the prosecutor proposed to increase the sentence and recommended a five-year prison sentence.”
After speaking, Guan Tong looked towards the presiding judge's seat.
These sources of evidence were all found under the comment area of Nandu Baijun Law Firm’s short video.
The situation at that time was that Li Xuezhen noticed the comments on the short video and informed Su Bai.
Su Bai immediately contacted the person who commented in the comment area that Qian Wei, the presiding judge, violated the law.
The relevant information will then be submitted to the relevant contract for verification and review.
In this short period of time alone, three cases were identified in which Qian Wei violated the law and other criminal facts, with clear evidence.
Although it is only said that three judgment cases with clear evidence have been confirmed, Su Bai actually knows about at least eight cases.
There are a few other cases that do not have clear evidence.
Eight up!
The harm caused by an unfair court judgment to the parties involved is the loss of credibility.
How many people have faced this situation due to the eight incidents?
What’s more, what Qian Wei did is far more than these eight cases. According to Su Bai's calculations, Qian Wei presided over the trial of no fewer than hundreds of civil litigation cases during his tenure as chief judge.
Among the hundreds of decided cases, how many of the judgments were made by Qian Wei based on his own subjectivity?
How many people will have a bad impact on the credibility of Nandu Basic Court’s judgments in these cases where Qian Wei decides based on his own subjectivity?
What is the final result?
The final result is that Qian Wei single-handedly negates the efforts of many workers who work hard to build fair laws.
For those involved who undermine the fairness of the law.
This kind of person should be severely sentenced!
As for Qian Wei’s desire to have his sentence reduced to acquittal or suspended?
Dream!
After the members of the collegial panel learned about the relevant evidence and confirmed it, they handed the evidence to Qian Wei.
After seeing these three strong pieces of evidence, Qian Wei's face suddenly collapsed.
Liu Jun frowned even more.
The second instance lawsuit must have been lost.
What he can do now is to make Qian Wei judge less.
So his statement is based on the above-mentioned non-increasing punishment.
In response to this point, Guan Tong also made a sharp counterclaim.
“According to Article 237 of the Criminal Procedure Law, the above-mentioned principles and limitations of not imposing additional penalties.”
“The court of second instance hears cases where the defendant or his legal representative, defender, or close relatives appeal, and shall not increase the defendant’s penalty.
The second-instance court shall remand the case to the original-instance court for a new trial, unless there are new evidence conditions, and if there are new criminal facts, the sentence may be increased. "
Regulations on this point.
The most important key is whether the evidence proves that Qian Wei formed new criminal facts.
The answer is yes.
However, Liu Jun and Guan Tong expressed different opinions on this point...
only.….
Whether it is in terms of evidence or in terms of the application and interpretation of the law.
Qian Wei obviously formed new criminal facts.
The court also determined that based on these three new pieces of evidence, Qian Wei formed new criminal facts.
The judgment is over.…
The result of Qian Wei’s second trial has come to an end.
Liu Jun’s final court statement seemed particularly weak in the face of absolute evidence and factual basis.
Everyone stood up, and the presiding judge began to pronounce the outcome of the trial.
Judgment pronounced!
“After research and decision by the collegial panel, Qian Wei has a new factual basis for the crime, and he will be punished for several crimes. Qian Wei was sentenced to four years and six months in prison!”
Four years and six months’ imprisonment.…
When the dull sound of the gavel surrounded the entire court hearing, Qian Wei's entire face looked extremely pale.
The result of the second trial was completely different from what he expected.
The prosecutor submitted new factual evidence. Not only did he not get a reduced sentence, but he was sentenced to probation, and he even received an additional year in prison!
This second-instance verdict...can be said to have sealed his death. He was sentenced to four years and six months in prison.
It is impossible to appeal again.…
Facing this situation, Qian Wei held his pale face with both hands, not knowing what he was thinking in his heart.
Su Bai sat in the viewing seat and noticed Qian Wei's behavior without any disturbance in his heart.
Qian Wei must be regretting it now, right?
I don’t know if I regret that doing so has caused so many parties to suffer legal unfairness.
I still regret that after waiting for four years and six months, I will not have a good retirement life when I come out...
Of course, the latter is more likely.
Liu Jun looked calm, shook his head slightly, sorted out the litigation materials, and left the court hearing.
He had already negotiated this trial with Qian Wei, and no matter what, he had tried his best.
The prosecutor presented new supporting materials. To everyone's surprise, he got every cent of the money he deserved, so whether he loses or loses the case has nothing to do with him.
Use money to do things.
Whether the matter is accomplished or not, it has little to do with him.
.
….….
The moment when the verdict is pronounced.
The most exciting ones should be the two on the review bench.
Li Xuezhen and Wang Kexin.
One eye stared at Qian Wei, with an exciting light in his eyes.
Another little ball shook wildly.
When two people stand together, they feel like they match each other.
And at this time, Wang Kexin stretched out three fingers, which then turned into four fingers.
Li Xuezhen stretched out a finger and then bent it.
Su Bai:? ? ?
I know and understand that you are excited because you want to see Qian Wei receive a longer sentence. The verdict has been given to Qian Wei and you feel very happy from the bottom of your heart.
But what does raising your finger mean?
Su Bai said that he couldn’t understand it...
Fortunately, at this time, Guan Tong had already sorted out the relevant litigation materials and came to Su Bai.
He breathed out heavily, and the expression on his whole face seemed particularly relaxed.
It can be seen... After Qian Wei, the presiding judge who undermined the fairness of the law, was sent in, Guan Tong's hair was filled with excitement.
You should use Rejoice.…
Su Bai thought silently.
"Lawyer Su... this trial is over! Four years and six months later, the second trial is over. There should be no other problems with Qian Wei's verdict."
“It is impossible to appeal or initiate a supervisory review!”
“This is all thanks to the three new pieces of evidence you provided, Lawyer Su. Otherwise, this trial would have been really bad and Liu Jun would have been given a suspended sentence.”
Su Bai smiled:
“If it weren’t for Qian Wei himself who relied on his personal subjectivity when making judgments, there would have been so many mistakes in so many judgments.”
“It’s impossible to have that much evidence.”
“However... a person like Qian Wei is really lucky to be in the position of judge and judge so many cases... He is really lucky.”
“Well, it’s not luck. The main thing is that this guy was very smart when he made the decision.”
Su Bai and Guan Tong were chatting with each other about the case.
But we didn’t chat for too long…
Qian Wei's second-instance verdict was over, and Su Bai returned to Bai Jun Law Firm with Li Xuezhen and Wang Kexin.
Along the way.
Li Xuezhen and Wang Kexin looked like they wanted to communicate but did not dare to communicate too deeply.
Su Bai watched silently and said nothing.
In the office.
…
Su Bai took a deep breath and took Li Xuezhen with him to the Nandu Procuratorate and Review Department.
The staff who received Su Bai were still the same as before.
The staff member smiled and said hello after seeing Su Bai coming.
“Come alive again...?”
"right!"
“Come and live...”
“Well, let’s fill in this form first. Last time it was a wrongful judgment, what is it this time?”
“Obstruction of justice.…”
staff member:? ? ? ?
PS: Please give me a monthly ticket~
(End of this chapter)
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