As a Lawyer, You Sent the Judge In?
Chapter 199: Backstabbed! They are all old fritters, I still don’t
Chapter 199 Backstabbed! You are all old fritters, I still don’t understand you?
If the statement made by the defendant's litigation lawyer is followed.
Xie Liang’s behavior is completely a BUG.
Notify Li Fei in advance and ask them to leave Chen Bin's home.
It is equivalent to saying that at the time when Xie Liang arrived, Li Fei and others did not illegally trespass into the residence.
After all, Li Fei was standing at the door and did not enter Chen Bin's house. Of course, it did not constitute an illegal intrusion into the house.
Xie Liang and others have “no evidence” and can only criticize and educate them.
Legal and compliant, there is absolutely nothing wrong with it.
In other words, within the rules of the rules and regulations, the use of rules and regulations is reasonable and legal.
In the process described by Jiang Donglin.
Xie Liang was present at the time and did not see Li Fei enter Chen Bin's house.
So from a subjective perspective, Li Fei and others did not illegally invade Chen Bin's home.
That is, failure to foresee the dangers of Chen Bin and He Lijuan does not constitute dereliction of duty.
Tut tsk
Ow!
So this is done through Qi in advance, and you don’t want to leave any clues, right?
Su Bai finally saw through Xie Liang's behavior.
What is this called?
“Reasonable avoidance.”
Tsk tsk.…
6To fly! .
….….
At the trial court, after listening to the statements of the defendant parties, Song Yuanhui looked at Su Bai and continued:
"The defendant has finished his statement. Is there anything the prosecution needs to add...?"
“There is a chief judge.”
Su Bai raised his hand to signal.
“Presiding judge, we have questions about the defendant’s statement.”
“Please state.”
"OK."
Hearing Song Yuanhui's words, Su Bai nodded: "Presiding Judge."
“According to the information and confession submitted by the prosecutor, when Xie Liang learned about the debt collection situation and rushed to Chen Bin’s house, he had a phone conversation with the debt collection boss.”
“What was the content of this phone conversation?”
“Why is there such a phone conversation?”
“Furthermore, according to the confession of our client Chen Bin, Li Fei was at Chen Bin’s home when Xie Liang and others did not arrive.”
"But."
“After dialing the police number, Li Fei also received a call.”
“After hanging up the phone, I walked out of Chen Bin’s house.”
“Not long after, Xie Liang and others arrived, and what Xie Liang saw was that Li Fei and others were standing in front of Chen Bin’s house, insulting Chen Bin and his mother He Lijuan!”
"in this process."
“Whose call did Li Fei receive?”
“It’s a call from the debt collection boss!”
“This can be known based on the debt collection officers at the scene and the call content on Li Fei’s mobile phone.”
“So based on the above, what phone call did Xie Liang make to the debt collection boss?”
“I would like to ask the defendant Xie Liang, why did you call the debt collection boss at that time, and what was the specific content of the call...?”
"How do you explain that after you called the debt collection boss, Li Fei and others left Chen Bin's home and stood at the door. Doesn't it constitute an illegal intrusion into the house?"
“It is equivalent to saying that the behavior of Li Fei and others has reasonably avoided the conditions for expulsion.”
“We have the right to reasonably suspect that Xie Liang’s behavior was to inform Liang Xingyuan and let him notify debt collectors to avoid illegal intrusion into the house.”
.
….
"also."
“When Xie Liang arrived to handle this dispute that day.
Chen Bin and Xie Liang took the initiative to state that Li Fei and others had broken into their home.
But Xie Liang did not have any response to this matter at that time. "
“Just a verbal warning to Li Fei.”
“Is this behavior consistent with normal behavior?”
“For the above behavior, I would like to ask the defendant Xie Liang to answer.”
Faced with Su Bai's inquiry.
Xie Liang turned his attention to Jiang Donglin for help.
There is something wrong with him.
Definitely not able to answer directly, but if you lie...
There must be loopholes in lying. If the loopholes are caught, the consequences can be imagined!
Jiang Donglin saw Xie Liang's thoughts and frowned slightly, but did not speak and did not want to speak for Xie Liang.
The key to criminal proceedings lies here.
Lawyers can help clients make representations.
However, if the client retracts his confession during the later investigation, there is a huge difference between the content of the lawyer's statement as the client and the content of the client's confession.
The content of the lawyer's statement is equivalent to perjury in court!
We can send him in!
So when faced with Xie Liang’s request for help, Jiang Donglin pretended not to see it at all.
咚咚!
Song Yuanhui banged the gavel and looked at the defendant's seat.
“Can the defendant answer the questions raised by the prosecution?”
Seeing that Jiang Donglin didn't show any expression, Xie Liang sighed inwardly.
Looking up at the presiding judge’s seat:
“Presiding judge, my colleagues at the time also knew the specific situation.”
“I only called because my personal relationship with the debt collection boss, Liang Xingyuan, is relatively good.”
“I don’t know why the debt collectors left Chen Bin’s home after I made the call.”
“The prosecution can investigate the specific content. The general content is that Liang Xingyuan asked me what I was doing.”
“I told him that I was going to handle a case in such-and-such a place.”
“As for the follow-up, I really don’t understand anything.”
“As for what the other party mentioned, why Chen Bin and I took the initiative to state that Li Fei and others had broken into their home, but there was no response.”
"That's because when I arrived, Li Fei and others had already left Chen Bin's house. We need to confirm Chen Bin's words."
“But Li Fei and others completely denied that they broke into Chen Bin’s home.”
“We have no evidence to prove that Li Fei and others broke into Chen Bin’s home.”
“If there is no evidence to prove it, then we cannot just listen to the confessions of either party.”
“I don’t know who is the good guy and who is the bad guy. The situation at that time was quite troublesome and there was no evidence.”
“If Li Fei and others are really good people, and we accept what Chen Bin says, then we have wronged Li Fei, right?”
“Chen Bin only made a confession, and there is no evidence to prove it, so I haven’t made any response yet.”
“If Chen Bin could produce corresponding evidence at that time, then I would definitely expel Li Fei and others immediately.”
.
….
“Without evidence, we can’t just listen to one side, right?”
“Besides, at that time, Chen Bin and his mother He Lijuan did not have any injuries from being beaten, and the two sides only had a verbal conflict.”
“This verbal conflict does not constitute a particularly serious incident.”
“Mainly warning and admonishing.”
"If the two sides really had any conflicts that they couldn't resolve, something would really happen. If it was going to happen, it would have happened long ago."
“That’s what I was thinking.”
.
….
Tsk tsk.…
Facing Xie Liang's statement, Su Bai slightly raised his head and looked at the presiding judge's seat.
In this case.
Dereliction of duty is due to one's easy self-confidence and the ability to foresee but not foresee, which leads to subsequent serious consequences.
It caused two deaths and three serious injuries, which must have been a serious consequence.
Then I want to judge Xie Liang. It is necessary to judge the serious consequences caused by the first point that can be foreseen but not foreseen.
Xie Liang knew very well what he was thinking at the time and why he did what he did.
But judging from the way and direction of his expression.
There is indeed nothing wrong with it from this perspective.…
how to say.…
Xie Liang is indeed a veteran!
Know how to avoid your own risks.
But.…
According to Xie Liang, judging subjectively is not about listening to one side’s confession.
Rather, the judgment must be made based on supporting evidence, common sense, and corresponding rules and regulations.
The details still depend on how the presiding judge handles the case.
Su Bai thought silently in his heart.
.
….…
At the judgment seat.
Song Yuanhui listened to Xie Liang’s statement and briefly organized it.
Then he spoke:
“The lawsuits filed by all parties against Xie Liang, Li Wanjia, Xu Botao and others have been completed.”
“Regarding the accusation of dereliction of duty by the three persons, the court now makes the following summary:”
“First, Xie Liang has an acquaintance with Liang Xingyuan, Li Fei’s boss, and when handling the dispute, he called Liang Xingyuan in advance and disclosed relevant information.”
“Second: In the face of Chen Bin’s suggestion that Li Fei illegally invaded the residence, Xie Liang and others did not listen to his opinions when they went to handle the dispute case.”
“Does the parties have any objections to the above two points?”
The above two points are irrefutable facts.
No parties have any objections to the two points summarized by Song Yuanhui.
咚咚!
“Since both parties have no objections to the above two points, then let’s continue with the defense.”
“Defendant parties, Li Wanjia and Xu Botao, did you know about the phone call between Xie Liang and Liang Xingyuan at that time?”
Song Yuanhui began to ask questions about the other two defendants.
Li Wanjia recalled for a while and shook his head: "At that time, we didn't know that Xie Liang was talking to that Liang Xingyuan."
Xu Botao also denied knowing about this matter.
咚咚!
Song Yuanhui continued to ask: "During the handling of Chen Bin's dispute at that time, did you have any disagreements about Chen Bin's dispute? Or did you have any different opinions?"
Li Wanjia was silent for a while before speaking: "It should have happened."
“I don’t know if this counts as…”
“You make your statement first.”
"OK.…"
Facing the words of the presiding judge, Li Wanjia nodded:
“The situation at that time was like this. I was the person responsible for taking on-site notes.”
“When asking about the situation at the scene, Chen Bin said that Li Fei’s group of debt collectors had entered their home.”
“I was listening to Chen Bin’s words and was about to write them down, but Xie Liang asked me not to remember them for the time being..."
"What I'm saying is that this is just an ordinary dispute case. If it is recorded, it will become a criminal case."
“What if it’s not the case and it becomes a misunderstanding, it will be too troublesome later.”
“Also...when we were preparing to leave, I asked Xie Liang if we should drive away the debt collectors.
After all, they have been at the door of Chen Bin's house.
Although I haven’t done anything, no one can guarantee what unexpected situation will happen later.
Maybe it will cause danger to Chen Bin and Chen Bin’s family, and accidents may occur.
I remember it very clearly.
At that time, Xie Liang waved his hand and answered me directly, telling me not to worry about it.
He also told me that Li Fei and others are in public places and do not fall within our jurisdiction and we cannot expel them.
Then I asked again, even if we can’t expel them, we can still remind them or ask them to leave.
Xie Liang didn’t speak when he heard my questioning, and I didn’t continue to ask. "
ˆ “.…”
Li Wanjia described the situation at the scene in detail.
At this time, Song Yuanhui continued to ask another question:
"You mean that you warned Xie Liang at that time and foresaw that Chen Bin and his family might be in some danger, right?"
“Yes...because at that time, Chen Bin’s family only had Chen Bin and Chen Bin’s mother He Lijuan, and there were more than a dozen adult men who went to collect debts. There was a relatively big disparity in strength.”
“I warned about this situation at the time.”
"OK."
After asking, Song Yuanhui turned his attention to Xu Botao.
“Are the statements made by the defendant parties Xu Botao and Li Wanjia all true?”
“As the third person, have you ever heard her state her thoughts in this regard?”
Facing this question, Xu Botao nodded dully: "Yes."
“Li Wanjia did tell Xie Liang about this situation at that time.”
“I didn’t speak.”
“Well, okay, thank you for your cooperation!”
Following this, Song Yuanhui made a general summary of the inquiries from Li Wanjia and Xu Botao.
His eyes fell on the defendant Xie Liang.
.
….
At this time, Xie Liang's eyes were anxiously moving back and forth between Li Wanjia and Xu Botao.
These two people...what's going on!
They are on the same boat now, how can they stab him in the back?
Li Wanjia, Xu Botao: Assassinated?
Both of them knew very well that if it weren't for Xie Liang, they would not be sitting on the defendant's seat.
It’s time to give an explanation, and it’s time to confess.
Hence leniency if you confess, and strictness if you resist, do you understand?
If you still want to cover for Xie Liang now, they will be the tools for Xie Liang to commute his sentence...
about this issue.
The two of them were very clear and understood. This was not called a backstab at all.
But confess it frankly!
Moreover.…
We are all old friends, who doesn’t understand?
It's obviously your fault, Xie Liang's, but you still insist on dragging the two of them into the water...
If you don’t confess frankly, both of them will have to confess here.
At the prosecutor's seat and the prosecution's seat.
Wang Jin and Su Bai both looked at the defendant's seat with interest.
At present, there is an unexpected situation inside the other party.
The rest of this court trial will be relatively easy to fight.
but.…
For Li Wanjia and Xu Botao, this is the best choice.
Because the two people were not involved with Liang Xingyuan.
Being involved in this trial is completely unreasonable.
at this time.…
Standing with Xie Liang?
There is no reason at all!
PS: Please give me a monthly ticket~
(End of this chapter)
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