As a Lawyer, You Sent the Judge In?

Chapter 223 Are you not so tough-talking anymore? Xiao Li: Send everyone in the defendant's seat!

 A barrister from Beijing...

 At the very beginning, the prosecutor must be held accountable...?

　　　　　　…This kind of statement is quite bluffing.

how to say.

 This situation may arise if the prosecution is held accountable when Du Ming is innocent.

How to prove Du Ming's innocence is the premise and the key point in this trial.

　　But...Su Bai is not optimistic about the defendant's defense of innocence.

 Because of this trial, he has learned about the relevant chain of evidence. The chain of evidence is complete and there are no problems.

 That is, there is no possibility of objection to the judgment.

.

 ….

 At the trial bench, presiding judge Xu Hao asked defense lawyer Xu Xiao to elaborate on the relevant facts.

Xu Xiao nodded slightly: "Okay, presiding judge."

“Presiding judge, I would like to request that the entire case be sorted out.”

 Xu Hao agreed to Xu Xiao’s application.

 Xu Xiao sorted out the litigation materials in front of him and spoke slowly: "Based on the evidence and supporting materials provided by the prosecutor, as well as the litigation process."

  “It can be clearly seen.”

“The prosecutor used Du Ming’s trial of Qin Bao’s case, and proposed that Du Ming violated the law, and prosecuted him for several crimes including perverting the law, dereliction of duty, and abuse of power.”

"But."

“During this process, where did our client, Du Ming, abuse his power?”

 “This is one of our questions.”

“First of all, at the court hearing, when faced with the legal action application made by Qin Bao’s attorney, under the circumstances, most of our clients agreed.”

“There were no illegal or illegal behaviors during this process.”

“According to the legal definition of abuse of power and dereliction of duty, our client Du Ming is just a diligent and hard-working judge and a good presiding judge.”

“And looking at the entire case, it is the responsibility of law enforcement to arrest people, it is the responsibility of prosecutors to file for public prosecution, and it is the responsibility of the court to make a judgment.”

“Has the court made a final decision?”

“The court has not yet made a final decision.”

“During this process, most of the legal opinions put forward by the defendant at the time, namely Qin Bao, were adopted.”

“For example: I heard the review of the court session and related opinions.”

“There were no irregularities in the various processes, nor were there any illegal acts or violations of litigation management regulations.”

“Based on the above points, it can be clearly shown through the behavior of our client that Du Ming did not commit any dereliction of duty, abuse of rights, dereliction of duty, or miscarriage of justice during the trial.”

“We believe that the chain of evidence provided by the prosecutor is insufficient and the prosecution against our client should be dismissed.”

“During this process, we believe that the prosecution did not fully understand the facts and the circumstances of the trial at that time.”

  “Produces a wrong judgment as to whether our client has committed a criminal act.”

"Or.…"

“We believe that public opinion has hijacked the judiciary, causing the prosecutor to make wrong judgments, which led to the prosecutor filing a public prosecution against us.”

“Presiding Judge, we have finished stating our point of view.”

.

 ….

 Public opinion coerces the judiciary, causing prosecutors to make wrong judgments?

Such words...

Su Bai smiled when he heard the defendant’s lawsuit statement.

 Can public opinion coerce the judiciary?

 Obviously it cannot be done, and it is simply impossible!

 Public opinion can only supervise the judiciary. If you want to blackmail, you must use substantive evidence.

 He has seen that judicial officers are relatively attentive to cases because of public opinion issues, and the judgments are processed quickly, and the charges and sentences are consistent.

  To avoid causing excessive public controversy.

but!

 He has never seen anyone "wrongly judged" due to public opinion.

The last sentence mentioned by the other party is that public opinion will coerce the judiciary. As a legal professional, you should be very clear that it is simply impossible.

 But the other party just brought it up like this...

What is the purpose?

 The purpose is to use the statement in this last paragraph to allow the prosecution to testify on its own, or to allow the prosecution to find out if there is any situation where public opinion will influence the law of the trial.

 Once this point of view is entered, the prosecution is at a disadvantage.

 The defendant can continue to make statements based on public opinion, leading to the presiding judge's final determination that it deviates from the original trial procedure.

 To put it bluntly, this is a kind of defense technique.

.

 ….

After Xu Xiao finished stating the relevant circumstances, presiding judge Xu Hao struck the hammer and asked the prosecutor to refute or raise objections to Xu Xiao’s views.

Cao Xue frowned slightly when faced with Xu Xiao's statement and focused on the last paragraph.

 Public opinion threatens the judiciary?

Isn’t it completely ridiculous for the defendant to bring up this situation?

 What is justice?

 Judiciary is based on factual and legal basis. How can the pressure of public opinion affect the judicial decision?

 Prosecutors filed a public prosecution.…

　　Not only the above points mentioned by Xu Xiao, but also the recording evidence provided by Su Bai at the time.

 Although the recording evidence cannot effectively prove that Du Ming committed a violation of the law and abused his power.

 But the evidence showed that there must be something wrong with Du Ming.

 Furthermore, Ma Wu’s testimony is the most important evidence.

The other party didn't mention any of these, and without mentioning any evidence, suddenly came a public opinion to threaten the judiciary?

  ? ? ? ?

Cao Xue said: "Public opinion is tying up the judiciary? I would like to ask the defendant's litigation lawyer, what do you mean when you say that public opinion is tying up the judiciary?"

“Judicial judgment is based on evidence. Does your statement seriously doubt the prosecution process?”

“The prosecution’s proceedings are conducted in public, and the defendant can watch the proceedings if they need to be made public.”

“We believe that the defendant’s litigation attorney’s answer is completely quibbling, does not comply with the court trial regulations, and has no legal basis or factual basis to supplement the evidence.”

“The prosecution applied to reject the defendant’s statement.”

Xu Xiao then continued: "But from a side perspective, is the prosecutor under considerable pressure for this trial?"

“Is there any influence of public opinion?”

“The prosecutor is relatively clear on this point, right?”

 You do this every day, are you deliberately trying to do this?

Su Bai raised his hand and interrupted Xu Xiao's inquiry.

 Practically speaking.

Xu Xiao’s questioning was nothing more than an attempt to force the prosecutor into his public defense through step-by-step questioning.

  And it is "sophistry".

This trial is still being broadcast live.

　　If... I was dragged into it and lost the defense on whether public opinion affected the judicial power.

It is difficult to make a subjective judgment on the laterality of this trial.

 That is to say….

Du Ming has indeed committed a crime, he has indeed committed these crimes, and these crimes have all been confirmed.

 But the public does not believe this.

˜Indirectly affecting the credibility of the trial, this further led to the collegial panel to give a light sentence when considering the verdict against Du Ming, or to give a suspended sentence taking into account public influence.

to be honest.

  It means that the court, after comprehensive consideration, will decide the sentence according to the lightest punishment.

Why did Su Bai come to this trial?

In order to increase the sentences for this group of offenders who break the law!

If Xu Xiao has been questioning the potential incompleteness of the lawsuit and problems with the litigation process in the subsequent defense.

This will make it difficult for the trial to proceed, and the public opinion generated will become louder and louder, which will deviate from the purpose of his participation in the trial.

 For him, it is indirectly equivalent to losing the case.

The interruption was approved by the presiding judge. Su Bai looked at Xu Xiao and said:

“I would like to ask the defendant’s litigation attorney, according to your statement, the prosecutor initiated the prosecution due to the pressure of public opinion, so can you produce actual evidence?”

"Or...you are just relying on your subjective imagination and want to use the live broadcast of the court trial to create huge judicial public opinion against the prosecutor and influence the judicial judgment?"

 Xu Xiao immediately retorted: "No."

Su Bai smiled: "You don't have one?"

“You didn’t, but why do you still insist that the prosecutor made the judicial prosecution because of public opinion when the prosecutor has already submitted a public prosecution process and corresponding evidence?”

“Aren’t you planning to use public opinion to influence judicial decisions?”

“The prosecution can produce relevant evidence, can you?”

“As a criminal lawyer, don’t you know that everything is based on evidence?”

“There is no evidence to support the subjective suspicion that the prosecution initiated the prosecution because of the pressure of public opinion. Where did you get this statement?”

Su Bai's rhetorical question not only stopped Xu Xiao from questioning him.

By the way, the prosecutor and the collegial panel were also reminded.

Xu Hao was already very stressed about this case.

However, the defendant’s litigation attorney seized this pressure and kept mentioning it.

He himself was disgusted with this, but as a member of the trial, he could not question or refute it in court. Su Bai said it now, and Xu Hao immediately banged the gavel.

“The statement made by the defendant’s attorney has no direct or indirect relationship with this trial.”

“Reject the statement of the defendant’s attorney ad litem.”

 “And the court is hereby reminded.”

“The defendant’s attorney ad litem pays attention to the statements you make in court regarding the illegal conduct involved in your client’s actions.”

“The prosecution has presented relevant basis and evidence.”

“If you have any objection to the relevant evidence, please provide the relevant proof or basis instead of relying on subjective conjectures.”

 “Please the defendant’s litigation attorney pay attention to this!”

 “I’ve been reminded once, and I won’t let you do it again.”

Xu Xiao glanced at Su Bai lightly and replied: "Okay, the presiding judge..."

 The hammer of law was struck. Xu Hao sorted out the relevant litigation materials and continued to speak.

“As for the prosecution of Du Ming, in what aspects does the defendant think that a complete chain of evidence cannot be formed, or which point of evidence and basis does the defendant think it has objections to in determining the facts?”

After Xu Xiao's nonsense just now, Xu Hao did not give Xu Xiao a chance to continue rambling this time.

 Ask the defendant directly if he has any objections to the facts and basis.

Conducting inquiries in this way can effectively speed up the efficiency of the court hearing, and it is also to prevent Xu Xiao from continuing to target other matters and exert corresponding public pressure.

Facing the presiding judge’s question, Xu Xiao took a deep breath.

 Originally, he indeed planned to exert relevant pressure on the court through public opinion.

 At least in terms of tendency, it should not be too directed at Du Ming.

 But I didn’t expect...

The prosecutor's lawyer actually started questioning him in the opposite direction!

 It caught him off guard.

 This also leads to...the only way to fight for the relevant legal rights and interests of his client Du Ming is through pleading in court.

at the same time.

Du Ming, who was sitting in the defendant's seat, heard the presiding judge's question.

 Think silently: What a pity.

.

 ….

Facing Xu Hao's inquiry, Xu Xiao said: "The chief judge, there is one."

“We have objections to one of the evidence submitted by the prosecution.”

 “Please make a statement, but do not state it subjectively.”

 With the experience just now, Xu Hao specially reminded Xu Xiao.

Xu Xiao sighed secretly and nodded: "Okay, presiding judge."

“The evidence objection we raised is—”

“The prosecutor believes that we abused our power, and there is such evidence.”

  “According to the prosecution:”

“Du Ming is in the process of trial against Qin Bao.”

“Rejected the inspection report submitted by Qin Bao’s lawyer Su Bai, and adopted the inspection report submitted by Ma Wu, the prosecutor at the time.”

“This evidence is the key evidence that directly proves the abuse of our rights.”

“In this regard, we do not agree that this evidence can be used to determine our abuse of power.”

In this case, Du Ming’s alleged crimes include neglect of duty, abuse of power and miscarriage of justice.

are all based on this key piece of evidence.

As long as the court does not judge this evidence, Du Ming can be acquitted.

 It is relatively difficult to refute this evidence, which is why Xu Xiao wanted to drag the prosecutor into a trap at the beginning.

 But because of Su Bai’s reminder, it did not succeed.

 After listening to Xu Xiao’s statement, Xu Hao continued to speak:

“What is the factual and legal basis for your disapproval of this evidence?”

 Xu Xiao: “We believe that this evidence is too general and vague.”

“First of all, from the subjectivity of our party, Du Ming cannot tell which test report provided by one party is the real test report.”

"but.…"

“The test report submitted by the prosecutor has legal effect.”

“As a judge, Du Ming has the right to use the inspection report submitted by the prosecutor and refuse to use the test report provided by the defendant at the time.”

Xu Hao continued to ask: "But at the beginning, the defendant mentioned that it wanted to re-test it by a third-party agency."

“It was suggested that Ancheng’s test report might be fraudulent, and Du Ming rejected the defendant’s proposal on the spot.”

“How do the lawyers entrusted by the defendant and the defendant’s parties explain this?”

Du Ming spoke as a party involved: “Because the evidence at that time was already sufficient for judgment, there was no need to conduct further testing.”

Xu Hao glanced at Du Ming, "We are all presiding judges, so stop pretending to be so thoughtful."

 What does it mean that there is no need for further testing at that time?

 Co-author, you directly regarded the defendant’s evidence as perjury, right?

Xu Hao looked down at the lawsuit materials and said:

“Let me ask the defendant Du Ming, do you know that the test report provided by the prosecutor at that time was an illegal report?”

This question is equivalent to directly hitting the most critical point in this trial.

 Knowing or not... is a subjective behavior.

 It is also the most important point in determining the abuse of power.

Du Ming took a deep breath and looked at Ma Wu.

Ma Wu noticed Du Ming’s gaze and shook his head slightly.

Du Ming sighed helplessly: "I know."

“The defendant knew that the test report provided by the prosecutor was illegal and perjured, so why did he insist on using the illegal report?”

“Due to their own factors, the defendant party should be aware of the serious consequences of admitting illegal evidence and its influence on the verdict.”

“And under known circumstances, illegal evidence is still used when relevant personnel raise doubts and produce relevant evidence.”

 “What kind of situation does this belong to? This is known and continues!”

 “This has involved serious subjective and intentional behavior.”

“According to relevant regulations, should it be judged that its subjectivity violates objectivity?”

 Xu Xiao was silent.

 He cannot answer this question and cannot answer it.

does it count?

It definitely counts.

However, as Du Ming's client lawyer, he must make a defense based on Du Ming's client request at the trial.

 Help Du Ming obtain more of his legal rights.

 Silence in the face of the defendant party.

 Xu Hao felt happy in his heart.

Xu Xiao's speech at the court hearing just now made him feel so happy that he felt as much pressure as he did now.

  And it is doubly enjoyable.

 This trial was preceded by adequate preparations and sufficient evidence.

 No one on the defense bench is innocent.

 In this case, the defendant is just like Ma Wu, just plead guilty and accept punishment?

 Why are you making such a mess?

 Use court trial skills and public opinion to put pressure on the court.

 There is no need at all.

 The prosecution has sufficient evidence. No matter how powerful your trial skills are, it will have no effect in the face of absolute evidence.…

　　咚咚!

This time the sound of the hammer echoing in the courtroom seemed particularly brisk.

“Defendant Du Ming and the defendant’s litigation lawyer, do you have any other questions about the complete chain of evidence provided by the prosecution?”

 “Or do you still have any objections?”

 Xu Xiao sighed: "No objection."

 “There is no objection, the facts are established!”

 Xu Hao's serious voice reached the ears of everyone in the hearing room.

.

 ….

 At the prosecution's seat.

A blush appeared on Li Xuezhen's face.

 The trial has reached this level.

 At the defendant's seat, Ma Wu pleaded guilty and accepted punishment, and Fang Shijun and Feng Xiang had already been judged.

 The most important and critical one, Du Ming, is no longer so harsh-spoken.

 Haven’t they all been sent in...?

Wonderful! .

 ….

PS: Please give me monthly votes, readers.

 (End of this chapter)