As a Lawyer, You Sent the Judge In?
Chapter 266: Stop pleading one, two or three, Xiao Li:
Chapter 266: One, two, three... Stop pleading, Xiao Li: stare in!
In the waiting room.
Su Bai found that he seemed to be led astray by Li Xuezhen...
Looking at the happy expression on Li Xuezhen’s little face, Su Bai took a deep breath and muttered silently: “Don’t be led astray...”
Awaiting the court hearing.
Hand in court.
The Baoshi Intermediate People's Court, designated by the High Court and the High People's Procuratorate, will conduct court hearings on the relevant persons in this case.
Baoshi Intermediate People's Court is also under certain pressure.
Especially this trial, which already involves many relevant people in the judicial system.
It has also aroused such a huge public opinion on the Internet, and there is corresponding public opinion pressure.
It’s just...
Since the High People's Procuratorate has designated and determined the case for prosecution, they can just keep the case in the City Intermediate People's Court and proceed with the normal trial.
At least in the follow-up, it will not cause other troubles.
This court hearing received relatively large public opinion and social influence.
Public hearings were adopted.
The trial began, and a lot of voices appeared on the barrage of the live broadcast of the trial.
“Oh! I’ve been learning about this case for a long time. I thought there would be a big twist in this case, but I didn’t expect that there would be such a big twist!”
“Okay, okay...”
“This time I must take a closer look at how this transfer sentence will be used against those who have made mistakes and criminals in the judicial system!”
“I agree, I want to see it too. After all, if a person is wronged so harshly, I think it is unreasonable even if the sentence is not harsh!”
“+1+1.…I want to see how many people will be sent in!”
.
….
There are a lot of voices about this trial, mainly because they want to see how the judgment will be carried out in the trial.
As well as the same enthusiasts as Xiao Li, I want to know how many people can be sent to this trial.
.
…
At the court hearing.
The penalties for the main personnel have been discussed at the Baoshi Intermediate People's Court for many times.
At the judgment seat.
The presiding judge asked the prosecutor to state the crimes committed by the prosecution one by one.
Since the trials were held in different sessions, only the main relevant persons were charged at the trial this time, such as Fang Yilong, Guan Dongfeng, etc.…
The prosecution relied on relevant evidence and facts and the main confessions of Fang Yilong and others.
Made a one-by-one statement and accusation.
Read the indictment and the crimes charged. Recommended waiting time is up to half an hour.
After finishing the statement.
Fang Yilong and other major law enforcement personnel have a good attitude towards pleading guilty and accepting punishment.
Why is it a good attitude to admit guilt and accept punishment?
Because the evidence about them is solid and based on facts.
Even if you want to reduce the sentence from the side, it is not easy.
Only from the perspective of pleading guilty and accepting punishment, the court can be asked to consider it appropriately and give a sentence that is neither light nor severe.
Because Fang Yilong and others also know that if they insist on confronting the court, the court can impose a harsher sentence.
This also leads to situations where the chain of evidence is complete, the facts are clear, and the legal basis is clear.
Generally speaking, lawyers will tell the defendant to plead guilty and accept punishment, and to defend the sentence in a certain way.
Rather than still choose to plead not guilty when the evidence is solid.
In fact, if you tell the lawyer without telling the specific situation, the lawyer agrees and you can plead not guilty.
Basically.…
This lawyer is a liar.
It's the kind of person who gets the lawyer's fees and runs away. Even speaking of insisting on a not guilty plea may lead to a more serious sentence for the client.
to be honest.
This type of lawyer is someone who takes money to do nothing, or even does bad things.
.
….
Faced with the prosecution’s accusations, most of the defendants at the trial pleaded guilty and accepted punishment.
certainly.…
During this process, there were two other people who pleaded not guilty.
They are Guan Dongfeng and Lao Zhang respectively.
The two people’s propositions are very simple.
They believe that their actions in this process did not constitute a violation of the law or dereliction of duty.
The main reason is that they do not know that the evidence is illegal evidence, and they have no obligation to investigate illegal evidence.
They only made a certain judgment based on the evidence provided by the prosecutor and the prosecutor's demands.
And there is no personal relationship or financial relationship with Fang Yilong.
Hence, he does not agree with the prosecutor's prosecution of the two of them.
Even Guan Dongfeng protested very much in the court hearing, questioning the prosecution of him.
Guan Dongfeng said with a stern face: "It is my right to plead not guilty."
“I don’t think I committed any form of miscarriage of justice or dereliction of duty during the trial!”
“What do play referees and dereliction of duty generally refer to?”
“Generally, it is me who is not attentive to the court hearing and fails to adhere to my responsibilities, which leads to the wrong judgment.”
“However, in the case against Meng Ziyi, I think my judgment was not wrong.”
“The first is the evidence submitted by law enforcement and prosecutors. All evidence points to Meng Ziyi.”
“And in the first trial, Meng Ziyi himself stated that he was guilty, but in the second trial, he recanted his confession.”
“Although the court can accept Mencius’s confession, it may not accept it because the court cannot prove whether Mencius’s confession is a fact.”
“When all conditions point to Meng Ziyi, I judge Meng Ziyi guilty. Is there any problem?”
“There is no problem at all.”
“So I use this as a defense of innocence, and there is no problem.”
“I think the presiding judge this time can also understand my feelings when I was sitting on the court.”
“In view of this situation, I request the prosecutor to drop the charges against me, or the court to acquit me!”
“This is my statement.”
….”
After the statement, Guan Dongfeng still believed that he was not guilty with a serious face.
Even sitting in the defendant’s seat feels like sitting in the presiding judge’s seat.
to be honest.…
From an identity perspective, it has not been converted yet.
Guan Dongfeng is relatively satisfied with his defense.
only.…
At the court hearing, no one was trying to coddle him.
The prosecution used examples one by one from Guan Dongfeng’s statements and practices to demonstrate.
But Guan Dongfeng acted like I wouldn’t listen. I am sitting on the defendant’s side, but it does not mean that I am guilty.
In this case.…
Su Bai: .….
Hands up to indicate preparation for a statement.
The only thing stated is, did Guan Dongfeng neglect his duties?
Obviously!
At the court scene of Meng Ziyi’s second trial, Su Bai had already pointed out the insufficient chain of relevant evidence and the loopholes in the logic.
Throughout the whole process, the prosecutor did not say much.
However, during the trial, Guan Dongfeng neither asked the prosecutor for his reasonable opinions nor asked the defendant for the specific facts of the case.
Even facing Meng Ziyi, he took off his clothes and exposed the scars on his body, proving that the evidence against him was illegal evidence and an act of coercion. He wanted to retract his confession, but he was refused!
Why was it rejected?
Because they don’t want to listen to you at all and they just want to judge you if you retract your confession, so they refuse to retract your confession.
What is the most important point?
Also, what was Guan Dongfeng’s attitude when the Supreme Court dismissed the second instance and conducted a retrial?
Guan Dongfeng’s attitude is that he does not think that the murder weapon is illegal evidence. To put it bluntly, he does not listen and he will judge according to his own ideas.
This is obviously very illogical.
Because at the second trial, Meng Ziyi had already pointed out that the evidence of his first-instance confession was illegal evidence, and after the second trial, it was verified that the evidence of the first-instance confession was illegal evidence.
This point has been shown that Meng Ziyi’s reversal of confession in the second instance court was correct.
Okay, it’s okay if you refuse in the second trial.
But during the retrial, why don’t you consider this and still not determine the legality of the murder weapon evidence?
Even if you can't make a judgment in court, why can't you adjourn the court to make a judgment?
This is completely unreasonable!
If it weren't for the prosecutor's withdrawal of the case, Su Bai suspected that Guan Dongfeng would probably uphold the second instance verdict!
Isn’t this behavior called dereliction of duty?
This is not called dereliction of duty or miscarriage of justice, then what is this called?
Should this kind of person be sent in?
Should!
Also...Guan Dongfeng's performance in the court trial as the presiding judge at that time. first.…
There is no complete chain of evidence for judgment. Although the evidence was provided by the prosecutor, the defendant's statement was not accepted at the trial. The prosecutor was blindly believed and the judgment was based on an incomplete chain of evidence.
also.…
There is deliberate subjectivity in identifying Meng Ziyi as the murderer.
The corresponding logic has not been considered from other aspects.
If this case is not about the prosecutor re-extracting evidence, look at the evidence.
In other words, if the prosecutor had not withdrawn the case, then the first, second and retrial would have determined that Meng Ziyi was the murderer and sentenced him to death.
This also leads to... Meng Ziyi is very likely to be wrongly accused and shot because of the court's inaction and neglect of duty!
What is this concept?
This is based on one's own subjectivity and does not take the life of the defendant seriously at all!
As a judicial judge, should you?
Definitely not!
So what’s the problem with filing a public prosecution? There’s no problem!
Based on the above, Su Bai raised his hand and indicated that he would start charging immediately after getting the consent of the presiding judge:
“Presiding judge, we believe that the defendant Guan Dongfeng was targeted.”
“His dereliction of duty should be analyzed based on his behavior.”
“First point: From the court trial video, it can be clearly seen that when Guan Dongfeng tried Meng Ziyi’s case, he did not make a judgment based on the facts, the court trial law, and the corresponding evidence required for the trial.”
“Most of them rely on their own subjectivity to judge...”
“Second point: In the court hearing at that time, the reasonable basis, reasonable logic and reasonable doubtful evidence put forward by the defendant were not accepted.”
“This does not mean that Guandongfeng does not have the right to refuse adoption.”
“Rather, without analyzing it, he refuted the statements made by Meng Ziyi and the lawyers entrusted by Meng Ziyi, as well as the corresponding evidence provided.”
“Not giving the defendant an opportunity to make a legal statement at all is equivalent to depriving the defendant of its legal rights and interests.”
“The third point: The defendant Guan Dongfeng completely failed to consider Meng Ziyi’s situation and related circumstances, which makes no sense from the legal perspective.”
“From a legal point of view: when faced with a death sentence, it should be taken very seriously, but Guandongfeng did not follow the evidence or refer to logic, and directly made the death sentence.”
“From the above three points of view, we believe that Guandongfeng has completely neglected its duties.”
.
….
After Su Bai finished his statement.
Guan Dongfeng originally thought about filing a plea, but was knocked back by the presiding judge.
“The defendant is not allowed to continue making statements, and the court is now adjourned.”
After listening to Su Bai’s relevant opinions, the presiding judge banged the gavel and chose to adjourn the trial.
And decided to hold a court session in the afternoon to continue the trial.
When the court was adjourned, Su Bai could clearly see that Guan Dongfeng's face was about to explode with anger.
Previously, he served as the presiding judge, sitting on the bench and having the power to make judgments.
But now...
He also experienced the feeling of someone else dropping the hammer and prohibiting him from speaking out!
Guan Dongfeng stood on the defendant's seat. When he was about to leave, he looked at Su Bai calmly.
only.…
But Xiao Li stared back.
In the past, when you were the chief judge, it didn’t matter what you thought.
But now you are sitting in the defendant's seat, accepting the trial of the law, and you are still so arrogant?
Why?
Just stare at you!
Li Xuezhen's eyes unconsciously revealed an aura, maybe because there were too many people staring in... This kind of aura was generated.
Made Guan Dongfeng feel a little uncomfortable.
It's just... Guan Dongfeng soon left the court hearing.
Su Bai took in this scene and couldn't help but smile.
Guan Dongfeng also had a taste of what it was like to sit on the defendant's seat!
The roles were reversed, and he probably knew how helpless he felt in the courtroom at that time.
.
….
At noon, after having dinner, Su Bai and Li Xuezhen waited for the court to resume in the afternoon.
According to Su Bai's estimate.
The main reason for adjourning the court in the morning was that the collegial panel needed to discuss the prison terms of Guan Dongfeng, Lao Zhang and others and whether they should be found guilty.
After all, this case has aroused a lot of public opinion on the Internet. No matter what, we still need to pay attention to the influence of public opinion.
Su Bai took advantage of the noon time and took a general look at the public opinion.
Public opinion is almost one-sided, all pointing to accusing Guan Dongfeng, Lao Zhang, Fang Yilong and others of being guilty.
Su Bai didn’t know how the collegial panel thought.
But based on this trial and the evidence prepared by the prosecutor.
There is basically no big problem with the judgment of Guan Dongfeng and others.
.
….
The court will be held in the afternoon.
The presiding judge directly requests each party to make court statements.
In terms of court statements, Guan Dongfeng still believed that he was innocent and gave a series of examples.
Confirming that oneself did not intentionally do so subjectively, but made a judgment based on a certain aspect, and the judgment was wrong.
only.…
The presiding judge obviously did not adopt Guan Dongfeng’s statement too much.
You are wrong if you say it is wrong?
As the presiding judge, you rely on evidence for everything, but you don’t understand this?
What's the use of talking loudly? I won't accept it. What's the use of talking so much?
In this regard.…
Guan Dongfeng was very angry, but there was nothing he could do.
It can be said that I experienced the helplessness of sitting in the defendant's seat.
Both and Lao Zhang stared at the judgment seat intently.
Waiting for the court to make other statements on this case and the final judgment.
.
….
When the prosecution made a statement, Su Bai did not make a statement, but gave the right to Meng Ziyi.
Because Meng Ziyi understood his own powerlessness in the courtroom best.
I know best in my heart the feeling of being wronged but unable to resist.
The purpose of asking Meng Ziyi to make a statement was not to use this feeling to influence the presiding judge's decision.
Instead, the audience who watched the live trial was told through live broadcast of the trial.
And how powerless the defendant as a defendant is in the face of the unfairness of the law and the deliberate trial by the judges in this trial.
At the same time, it also proves from the side that Guan Dongfeng’s so-called unintentional behavior is indirectly killing people!
Using your right to trial and arbitrarily making judgments without following legal procedures, especially when it comes to imposing heavy sentences, isn't that killing people?
Although it is not murder in the subjective sense, the consequences and impact of this verdict are huge!
Mencius’s experience has aroused great resonance among many people.
After all, no one wants to experience this kind of powerless despair.
finally.
After Meng Ziyi’s statement.
The presiding judge banged the hammer and began to read out the verdict.
“For the persons who filed public prosecutions this time, the corresponding verdicts and prison terms are now announced.”
"Fang Yilong, as a prostitute, bent the law for personal gain, abused his power, committed perjury, etc., and shall be punished for several crimes and sentenced to four years in prison!"
"Zhang Ming, who violated the law, neglected his duties, and engaged in malpractice for personal gain, is sentenced to one year in prison!"
….”
There are a large number of defendants in this verdict. The presiding judge stood on the bench and read out the charges, crimes and sentences one by one.
The minimum sentence is one year in prison and the maximum sentence is four years in prison.
The last thing that comes to mind is the verdict against Guan Dongfeng.
“Public prosecution against Guan Dongfeng for violating the law and neglecting his duties as a judge.”
“The court ruled that Guandongfeng violated the law and neglected its duties!”
“Sentenced to one year and six months in prison!”
“The above judgments shall be made by the Baoshi Intermediate People’s Court, and all laws shall be in accordance with domestic laws.”
“If you are dissatisfied with the result of this judgment, you can file an appeal or initiate a supervisory review.”
“The judgment will be issued within ten days!”
“The court is now closed!”
.
….
Announcement completed!
Guan Dongfeng in the defendant's seat was obviously a little dissatisfied.
Immediately said: "President, I think this sentence is too harsh for me, and I will not obey the verdict that I am guilty."
On the court hearing platform, the presiding judge glanced at Guan Dongfeng lightly.
"The court is over. I can say something else. I would like to remind you that as the presiding judge, you should know that it is meaningless to protest against this judgment now."
“If you think there are problems with this judgment, you need to make the above request to the higher court.”
After speaking, the presiding judge left the scene.
At the same time, I silently recited in my mind that this trial was conducted by the High Court and the Provincial Procuratorate, and they were designated by the Intermediate Court to conduct the trial.
Guan Dongfeng wants to appeal to a higher level or make a protest.
What about dreaming? .
….
PS: During the double monthly pass period, please give me a monthly pass~
(End of this chapter)
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