As a Lawyer, You Sent the Judge In?

Chapter 240: Accused of the crime, if you don’t get used to it, just fight back!

 For this case.

Su Bai had already prepared the worst plan in his mind.

 Even under the worst possible scenario, it would be impossible to convict Xiao Haibo.

Unless the chief judge makes a hard decision, it is impossible to lose.

What if the presiding judge imposes a hard sentence?

 Easy to do!

 Just turn left when you go out and drive there in 46 minutes.

Su Bai looked directly at the prosecutor's seat and collided with Shi Xiujie's eyes.

 The top criminal lawyer in China, the myth of undefeated...?

The corners of Shi Xiujie's mouth were slightly raised. He originally had a fat, square face, which looked a little unrighteous. This smile also brought out a bit of a villain's triumphant feeling.

Su Bai smiled, is the villain successful? This trial will blow your head off!

.

 ….

at the same time.

At the presiding judge's seat, facing Su Bai's direct rebuke, Ma Qiao looked down at the litigation materials with an expressionless expression.

“The prosecutor has no further questions to ask?”

 “There is a chief judge.”

Hearing the presiding judge's question, Shi Xiujie blurted out immediately.

　　I then sorted out the litigation materials and was about to continue speaking, but was interrupted by Su Bai:

“I would like to ask the prosecutor to think clearly before questioning. We suggest that the prosecutor state and determine the specific matters of our client’s crime.

  If it is other questions, we have the right not to answer them. This would be a complete waste of both our time. "

“We suggest that the prosecutor determine the questions to ask before questioning.”

　　咚咚!

Maqiao banged the gavel: "The defendant's entrusted lawyer shall not interrupt the order of the trial. This is a warning."

“The prosecutor continues to state, but the main points must be clearly stated.”

Facing the reminder from the presiding judge, Su Bai was not surprised at all, but...

 The presiding judge actually reminded the prosecutor?

 Tsk tsk.…

  Generally speaking, shouldn’t the court favor the prosecutor?

 Especially this case with geographical protection.

Ma Qiao’s reminder to the prosecutor surprised Su Bai.

Shi Xiujie also murmured in his heart, but it was not too loud. As for the specific judgment, it must eventually come to this point. The presiding judge reminded him to speed up the progress of the trial.

 “A good judge.”

Shi Xiujie nodded and continued:

“The determination of Xiao Haibo’s perjury is as follows:”

“Based on relevant evidence and the confession provided by the parties.”

“First: In the case where Xiao Haibo represented Xia Guangming, Xia Guangming was reminded and explicitly told to remain silent as much as possible during the trial.

More importantly... remind Xia Guangming that no matter what Xiao Haibo said at the court hearing, wait until the court or others ask questions in private, then instruct Xia Guangming to make it clear that Xia Guangming is willing. "

"Second: Regarding the relationship between Xia Guangming and the manager of Wanli Co., Ltd., Xia Guangming stated that he and the manager of Wanli Co., Ltd. are friends, and in the initial inquiry, Xia Guangming stated that he and the manager of Wanli Co., Ltd. The manager was a friend, but was corrected by Xiao Haibo. The relationship between the two was business. "

“In this process, there is a suspicion of intentional guidance and induction.”

“Third: Throughout the entire process of entrusting Xia Guangming’s case, Xiao Haibo repeatedly influenced Xia Guangming’s subjective intentions and participated in guiding and seducing him.”

“Specific examples include: guiding Xia Guangming to determine the relationship with the manager of Wanli Co., Ltd., guiding Xia Guangming to identify the entire case, and teaching Xia Guangming how to express it.”

“Presiding judge, the above is our statement and determination.”

Shi Xiujie finished speaking, glanced at the defendant's seat, and smiled.

Su Bai noticed it, but didn't care. He raised his head slightly and looked at the presiding judge's seat.

 At the presiding judge's seat, after listening to the prosecutor's statement, Ma Qiao looked at the defendant's seat.

“Does the defendant or the litigation attorney have anything else to say?”

Do you have?

 There must be one!

 As for the first and second items, Xiao Haibo has just made a complete statement.

 Does the other party pretend that they cannot hear?

 Of course the prosecutor raised relevant supplements to the previous questions.

  But this supplement is in a practical sense and has no effect.

 It is equivalent to the first point of view, saying that there is induced behavior.

Added, let Xia Guangming always say that he is his main administrator when asked by others in private.

 This point will definitely be reviewed if placed in criminal proceedings.

 However, in civil litigation, the representative represents the full authority, and Xiao Haibo has fully explained it just now.

 There is no need to elaborate further on this point, right?

 The same applies to the remaining second and third points.

 This is also the reason why Su Bai asked the prosecutor to determine the conditions.

 Because the other party is so capable!

The feeling given to him is that Xiao Haibo must be pinned for all kinds of crimes. If he can't pin them, he will start to pin them from the side.

　　　…

Su Bai took a long breath and continued:

“Presiding judge, we request witnesses to appear in court and make statements.”

Facing the current court environment, Su Bai did not say anything else because it was not necessary.

 Even if I express my plea now, it will have no effect.

It would be better to...invite the witnesses directly and determine whether there is perjury based on the witnesses' statements in person.

 The prosecutor is not a party after all, and may have subjective thoughts about certain matters.

Besides, witnesses still need to appear in court when testifying later.

After Su Bai applied for witnesses to appear in court, Ma Qiao immediately agreed.

 Witnesses appear in court.

 At the presiding judge's seat, Ma Qiao asked the witness Xia Guangming:

“Witness Xia Guangming, did you hear what the prosecutor just said?”

"heard it."

Xia Guangming was sitting in the witness seat just now and heard the trial very clearly.

“Is what the prosecutor just described the situation you experienced at that time?”

"Yes."

“What the prosecutor just described is the situation I experienced. Originally, I originally thought of this lawsuit and started a civil lawsuit based on the loan lawsuit.”

“Lawyer Xiao, the current defendant, told me that it would be easier to sue Wanli Co., Ltd. for illegal fund-raising. He also told me many other things and gave me various precautions.”

"Did he induce or deceive you during this process?" "Yes, the chief judge."

 “Please give specific examples.”

“Specific examples. The prosecutor has just stated it very clearly, and I can’t think of any more specific examples yet…”

"OK."

After questioning the witness Xia Guangming about some relevant matters, the presiding judge Ma Qiao turned his attention to the defendant.

“I would like to ask the defendant... do you have any objections to the accusations made by the witness Xia Guangming?”

"some!"

 “I will not obey the charges against me!”

Xiao Haibo looked at the presiding judge and spoke.

What I was thinking was, this **** thing is too dark!

He has already explained and stated it once before, and now the presiding judge asked him to continue to state and explain it again?

  Does it make sense?

 It makes no sense at all!

Is it possible to imagine a statement, state it a thousand or eight hundred times, and then look for loopholes in each statement?

“I have stated it very clearly just now, and I have analyzed both the first and second points in great detail.”

"first!"

"I asked the witness to admit whatever I said. This is indeed a problem with my statement."

“Because I am a special agent and bear corresponding responsibilities in civil litigation.”

“The reason I stated this is that I was worried that the witness would not be able to understand what I meant at first. After I stated it, when the court and others questioned the witness, the witness’s statement was not clear.

 In this way, it is easy to cause wrong judgments in civil litigation and affect the final judgment.

 So I have always stressed that the witnesses should do as I said, but in the process, I did not violate any relevant litigation laws. "

“And I have explained the relevant matters and reasons to the party concerned, Xia Guangming.”

“He showed that he knew and understood this, which is why I stated it in the first instance.”

"also."

“What I stated is all based on facts. There is no false content or perjury. Based on the above, I don’t know where I have violated the criminal law.”

 “That’s my answer.”

Facing Xiao Haibo's statement, Ma Qiao was expressionless. Before he could speak, Shi Xiujie hurriedly began to question Xia Guangming.

“Does the witness have anything else to say?”

Xia Guangming shook his head: "I haven't thought of it yet, I forgot about it."

 Su Bai: .….

You guys are teaming up to play the double act here, right?

Su Bai raised his hand, and after getting Ma Qiao's consent, he stated:

“Presiding judge, I think the general situation of this trial has been decided.”

  “There is no need to elaborate further.”

“Based on our client’s description and the prosecutor’s description, the facts have become clear.”

“The general meaning is that from the witness’s accusation and the witness’s confession, it can be clearly seen that the witness relied on his own subjectivity to prove that our client had induced him.”

 “But it’s not actually….”

“The actual fact is that when our client was assisting the witness in entrusting the witness, the witness did not think about certain aspects or thought inappropriately.”

“For example, it can be clearly seen whether the manager of Wanli Co., Ltd. and the witness know each other and whether they are friends.”

“The witness believes that the manager of Wanli Co., Ltd. is his friend and the relationship between the two is a loan.”

“But in fact, our client believes that the other party’s illegal fund-raising is well-founded. The other party’s identification of itself is not a loan, but a purchase.”

  “There is no IOU between the two parties, but there is evidence of purchase.”

“From this point it is obvious that the relationship between the two persons is not a loan or a loan.”

“This denies the witness’s subjective judgment at the time.”

“Our client relied on evidence to correct the witness’s erroneous subjective judgment. Is this considered temptation and bad guidance?”

"Whether it is from a legal or subjective perspective, there is evidence to prove that it was a purchase and there was illegal fund-raising. This is an ironclad fact, not a loan relationship imagined by the witness subjectively."

“Based on the witness’s testimony, does it mean that a loan is a loan?”

“If this is the way to authenticate, then why do we need evidence?”

 “No more evidence, the court can convict us on the spot!”

"If the witness must exist and say that the relationship between the two people is a loan, then when our client Xiao Haibo informed Xia Guangming of this and cited relevant supporting evidence, why didn't Xia Guangming deny and refute it?"

“Go and ask our client to file a civil lawsuit for loan against Xia Guangming?”

“Based on the above, it can be clearly seen or certified that our client did not engage in any inducement behavior, but based on the facts, we reminded Xia Guangming.”

“It’s just that this reminder was mistaken by Xia Guangming as an inducement. Moreover, from another perspective:”

“Perjury affects the correct judicial judgment, but our client is helping Xia Guangming to try this case in court.”

“The suggestions and tips he gave to Xia Guangming were not considered to have affected the correct judicial judgment, because the case was based on a basis, and the certainty and legality of the evidence could be guaranteed.”

 “Based on the above examples….”

“We believe that our client should be found not guilty in this trial.”

Su Bai’s statement is very simple.

to be honest.

 The general meaning is that Xia Guangming is talking nonsense about this trial, and his accusations are based entirely on his own subjective wishes, while Xiao Haibo corrects Xia Guangming's subjectivity based on the evidence.

 Correcting Xia Guangming's ideas based on facts, can this be called perjury?

 Can this be called inducing and lead to errors in judicial decisions?

Definitely not!

If it were not for the geographical protection, this case would have been dropped when it was being investigated or investigated by the procuratorate.

If it is necessary to file a case, then law enforcement agencies are asked to continue to add evidence.

Making corrections based solely on Xia Guangming's confession is not completely nonsense...

Furthermore...According to the provisions of the Criminal Procedure Law, illegal evidence must be excluded in accordance with the law.

 The prosecution completely failed to fulfill its corresponding responsibilities at this point.

 Still insisting on filing a public prosecution…

 Are you okay?

Even if we insist on filing a public prosecution, will the court still impose a mandatory sentence now?

 The statement was so clear, Su Bai didn't quite believe that the court would impose a hard verdict.

Su Bai raised his head slightly and looked at the presiding judge's seat, waiting for Ma Qiao to make the relevant judgment.

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 (End of this chapter)