As a Lawyer, You Sent the Judge In?
Chapter 217: Submit illegal evidence in court! So bold?
Chapter 217 Submitting illegal evidence in court! So bold? ! (Ask for monthly ticket)
As for this court hearing, it is obviously difficult to win the case.
Su Bai also knew where the difficulty lay.
However, this difficulty does not affect the result, which meets the client’s expectations.
It’s just a matter of whether it’s troublesome and how long it takes.
Overall, it’s not a big problem.
It is approaching the eve of the trial.
The parties begin to submit evidence.
This trial will be heard by Anshi Primary Court.
The prosecution charged Qin Bao with spreading rumors, damaging product reputation, and damaging business reputation.
The evidence submitted by Su Bai during the evidence-producing stage was mainly based on the fact that Qin Bao did not spread rumors.
After the evidence has been given.
Judge Du Ming, who was supposed to preside over the trial of this case, stopped Su Bai.
“Lawyer Su”
“Are you from Nandu?”
Du Ming looked to be about 50 years old, with a bit of baldness on the top of his head. He looked at Su Bai with a round face and a smile.
Su Bai glanced at Du Ming and nodded: "Yes."
"Haha... Nandu is a big city! When I went to study abroad, I heard about some of Lawyer Su's most famous cases in the criminal circle."
Su Bai didn't know what Du Ming wanted to express, so he smiled and said nothing, waiting for Du Ming to continue speaking.
Seeing this, Du Ming continued.
"Is such that."
“There are basically no problems with the evidence submitted by Lawyer Su, but there is a slight problem with Qin Bao’s case.”
“I never thought that Lawyer Su would handle such a small case.”
"That's right. The prosecutor has already filed a public prosecution, which means that the prosecutor has a lot of evidence."
“During the trial, Lawyer Su, can you not be so aggressive in your speech?”
“Lawyer Su, you should have known about this case and the specific verdict. I think Qin An’s crime in this case is relatively minor.”
Su Bai: .….
? ? ?
Mute?
Su Bai roughly understood the meaning of this dumb language.
to be honest.
Everyone, please take a step back. In the courtroom, if the distinction is too much, I will give you a lighter sentence and I promise to give you an explanation.
Is this what you mean?
That's what I mean!
Su Bai has encountered this kind of situation before, and it was even worse than this.
There was a presiding judge who thought it was too difficult for him to serve as a criminal attorney and directly asked the client to change litigation lawyers.
To be honest, it is even more outrageous to directly ask the client to change litigation lawyers.
.
….
Facing this situation, Su Bai smiled and refused directly: "Judge Du."
“The severity of a crime mainly depends on the provisions of the law and the consequences of the parties’ fault.”
“I am only fighting for the legal rights of my client in accordance with the law.”
“Besides, why does Judge Du think the crime in this case is less serious...?”
Du Ming understood what Su Bai meant and smiled without saying anything.
“I am speaking based on my previous experience in handling cases. After all, the trial has not started yet, so I can only state it based on my own experience.”
“Personally, I also very much agree with what Lawyer Su said about doing things in accordance with the law. If this is the case, Lawyer Su will go back and prepare well. We will see you at the trial.”
"OK."
Su Bai smiled and nodded.
After walking out of the court, Su Bai took out the voice recorder from his pocket and clicked his tongue: "What a pity."
If Du Ming is willing to say a few more words, this can be used as evidence.
but.…
The other party obviously knows very well that such words can only hint and cannot say too much, so they must be very vigilant.
Su Bai had no intention of recording it with a voice recorder. The more the other party talked, the easier it became.
You don’t say much and it doesn’t affect the result.
It's just that...from this aspect, the court's attitude is very intriguing.
.
….
Time passed quickly and it was time for the court session.
In the waiting room.
Li Xuezhen looked worried: "Lawyer Su, I heard some bad news recently."
Su Bai smiled: "What's the bad news?"
“The judgment in this case may be biased to a certain extent.”
"Ok, I know."
“Don’t worry, this case is a bit troublesome, but it’s not unwinnable.”
"profound."
“I believe in Lawyer Su.”
Li Xuezhen nodded heavily.
.
….
Wait until the court date.
Staff brought Su Bai and Li Xuezhen into the court hearing.
All parties took their seats. After the clerk read out the court discipline and court rules, he then said: "Please invite the presiding judge and judges to enter the court."
The voice fell.
The presiding judge and the judges walked into the courtroom.
Du Ming stood on the trial platform and glanced at Su Bai with a joking look in his eyes.
Sound the hammer.
“The court is now in session.”
“Invite all parties and litigation attorneys to state their identity information.”
As for the identity information in this case, in addition to the prosecution’s accusations, Anyao Group also participated in this trial as a third party.
The main content of the court hearing is the litigation content with civil conditions.
Prosecutors: Ma Wu, Zhang Min.
Anyao Group: Zhou Huashan, Liang Chao.
At the court hearing, the identity information of the person has been verified.
Du Ming continued the court hearing process and asked about the cause of the case.
The cause of this case—An Yao Group sued Qin Bao, believing that Qin Bao was suspected of spreading rumors and seriously damaging the medicated wine and tranquilizing medicated wine launched by the Anyao Group.
And initiate public prosecution for damaging business reputation and product reputation.
The cause of action has been confirmed.
Du Ming looked at the prosecutor and asked the prosecutor to state the facts of Qin Bao's crime.
"OK."
Ma Wu nodded.
This time, his task is to state the facts of Qin Bao's crime.
And conduct a simple defense with the defendant, Qin Bao’s attorney.
The rest...has nothing to do with him.
Because the power of judgment does not lie with the prosecutor, but with the court.
After clearing his thoughts, Ma Wu continued:
“In this case, the prosecutor, as the public prosecutor, sued Qin Bao for harming the business reputation and product reputation of Anyao Group.”
“The evidence and reasons are as follows:”
"First: In the article published by Qin Bao accusing Anyao Group, it was mentioned many times that Anyao Group is a counterfeiter and a manufacturer of counterfeit drugs. It also mentioned that the products released by Anyao Group are poisons that can kill people. ”
“It can be seen from this that Qin Bao’s judgment of Anyao Group during this process was very irrational, and he labeled Anyao Group as a fake drug manufacturer.
Through the spread of the Internet, the number of rebroadcasts and views across the entire network has reached hundreds of millions. It has caused great losses to the business reputation of Anyao Group.
This is the direct result behavior. "
“Second: Qin Bao’s analysis of the products released by An Yao Group and the Anshen Medicinal Liquor had a serious impact on the sales of Anshen Medicinal Liquor.
In Qinbao’s analysis of the ingredients and efficacy of soothing medicinal wine, there were many serious frauds in the long article published. "
“According to the prosecutor’s investigation, it was found that there were several falsehoods:”
“First of all, according to the long complaint published by Qin Bao, the following points are listed.”
“Soothing medicinal wine cannot achieve the effect of calming the nerves.”
“An excessive amount of certain elements in the soothing wine can cause huge damage to the human body, and may even cause cancer and other diseases.”
“Soothing medicinal wine is a “poison” and has a certain fatality rate.”
“According to the content of Qin Bao’s article, regarding the effects and elements of the soothing medicinal wine, will it cause huge damage to the human body, and will it have a fatality rate.”
“The prosecutor submitted the soothing medicinal wine to relevant departments and relevant institutions for authoritative inspection.”
“Based on research findings from relevant institutions.”
“The soothing medicinal wine can achieve a calming effect, and a certain dose of elements does not exceed the standard, but is added in accordance with the country’s accusations.
In addition, the possibility of causing cancer and other diseases has not been found through investigation and certification by relevant agencies.
The fatality rate is even more illusory. "
"based on above."
“It can be clearly discovered that the soothing medicinal wine is far from the serious consequences caused by Qin Bao’s long article.”
“Qin Bao’s post constitutes serious rumor making and infringes on the reputation of the product.”
“So we believe that Qin Bao violated Article 221 of the Criminal Law of damaging commercial reputation and commodity reputation, and caused heavy losses to others and other serious circumstances.”
“The prosecution proposed a sentence of two years in prison.”
.
….
Tsk, two years in prison?
That's right?
˜How long is the maximum sentence for damaging business reputation and the crime of product reputation?
According to the criminal law, the maximum penalty is two years' imprisonment.
The prosecution’s application proposal.
It can be said to be a top sentence.
Furthermore, Su Bai did not agree with the subsequent inspection report submitted by the prosecutor.
.
….
After Ma Wu finished his statement, Du Ming sounded the hammer: "Please ask the litigation lawyer of Anyao Group to supplement the civil incidental liability."
"OK."
Zhou Huashan, the litigation attorney of Anyao Group, sorted out the litigation materials and spoke slowly:
“Creating rumors based on Qin Bao and damaging our business reputation and product reputation.”
“The damage to our business reputation is immeasurable.”
“And it has caused a significant decline in the reputation of our products, resulting in slow sales.”
“Our legal claim is:”
“First: Qin Bao needs to publicly apologize to us, eliminate the negative impact, and clarify our reputation.”
“Second: Based on the commercial damage caused by Qin Bao to us, we have the right to request Qin Bao to compensate us, and the amount of compensation requested is 2.65 million.”
“The presiding judge and above are our civil litigation claims.”
After Zhou Huashan finished his statement, he slightly raised his head and looked at the presiding judge's seat.
Presiding judge Du Ming nodded and sorted out the litigation materials.
The goal of the judgment in this case is simple.
That is to convict Qin Bao.
From a legal point of view, it made sense. Du Ming originally wanted to keep the sentence simple and asked Su Bai to step back and give him a suspended sentence.
It can be regarded as a rough explanation.
But I didn’t expect... Su Bai would be tough. If he was tough, he would have to be fully prepared.
If Qin Bao can be found guilty legally, he must be sentenced to the fullest extent.
Du Ming looked at Su Bai with a slight smile on his face: "Now please let the defendant or the defendant's attorney make a statement."
Su Bai raised his head slightly and looked at Du Ming.
Is Qin Bao’s inspection report fake? !
And the prosecutor submitted it to relevant institutions for inspection. The soothing medicinal wine did not meet the hazard standards. Is it a qualified product?
What are you talking about?
Regarding this point, Su Bai had already asked Qin Bao in advance how he could prove that soothing medicinal wine is harmful to the human body.
The result was that Qin Bao personally conducted the test in the laboratory and asked his teacher to help with the test.
As a doctoral student, Qin Bao, although the teacher said he was not a top boss in the pharmaceutical industry, his level of testing was still high.
According to Qin Bao's post, Su Bai also found the comments under the post after drinking the soothing wine from the Internet.
Among them, Qin Bao mentioned what symptoms may occur after drinking soothing medicinal wine.
People who have purchased soothing medicinal wine have also said that this has happened to them.
at the same time.
Su Bai also purchased a bottle of soothing medicinal wine and submitted it to relevant agencies for inspection.
The results of the inspection are not much different from what Qin Bao described.
This is the most critical evidence in this trial.
This is also the biggest proof of Su Bai’s innocence defense.
but now.…
? ? ?
You said that through inspection by relevant agencies, the hazard does not exist?
Where did you get this inspection report?
Su Bai didn’t think the other party’s inspection report was true.
Then there is only one possibility.
Illegal evidence!
Su Bai withdrew his gaze and then looked at prosecutor Ma Wu: "Presiding judge, I also have an inspection report here."
“The content shown in the inspection report is almost the same as what Qin Bao published.”
“I would like to ask the prosecutor, where did the inspection evidence report you submitted come from?”
“Has the official seal been stamped in accordance with regulations?”
“I suspect that the prosecution presented illegal evidence. Now I ask the prosecution to provide the legality of the source of the evidence in the inspection report.”
Ma Wu calmly replied: "The legality of the source of evidence in the inspection report has been submitted to the court."
“The court has confirmed the legality of the inspection report.”
OK!
Since the prosecutor refuses, can I just apply to the court?
Su Bai looked at the presiding judge's seat: "Presiding Judge, we suspect that the prosecutor provided an inspection report and the source of the evidence is illegal."
“According to the prosecution’s statement, the court has confirmed the legitimacy of the source of the inspection report.”
“According to legal provisions, we have the right to confirm the legality of the source of the inspection report.”
“We would like to apply for confirmation.”
Regarding Su Bai's application, Du Ming calmly said: "As to the legality of the source of the inspection report, a post-trial review can be conducted."
“Now let’s ask the defendant to respond to the accusation provided by the prosecutor.”
Su Bai:? ? ?
I have already responded and I question the legitimacy of the source of the inspection report!
Isn’t this the answer?
Now you come up with a sentence for post-trial review and ask me to continue to answer.
Answer what?
The current situation is that courts, prosecutors and institutions that issue inspection reports fabricate relevant evidence and conduct illegal lawsuits.
To be precise, the institution forged relevant evidence, and the other two parties probably knew it well.
But without debunking it, pretend not to know.…
The trial will continue...?
Su Bai stared at Du Ming, but found that Du Ming's expression was dull and showed no emotion at all.
PS: Please vote for me, everyone.
(End of this chapter)
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