As a Lawyer, You Sent the Judge In?

Chapter 279: Fierce defense, the presiding judge’s tendency!

Su Bai already had a rough understanding of the overall situation of this case.

The key issue is to dismiss the lawsuit filed by the prosecutor, or to have the prosecutor directly drop the charges in this case.

 And, the compensation due from the claim.

The location of this class action lawsuit is in a county below Sudu.

 After understanding the relevant situation, wait until the person who comes to handle the case leaves.

Su Bai simply sorted out the relevant information and took a breath.

This case does have certain difficulties.

Let’s not talk about other things, the crime of picking quarrels and provoking trouble. The determination of this point mainly depends on the court.

 But according to the inquiry just now, Lao Li, Lao Zhang, Lao Xue and others are completely safeguarding their rights and interests reasonably and legally.

 There is nothing else going on.

Can this kind of person be provoked and cause trouble? .

 ….

 However, the specific relevant situations still require further in-depth investigation.

.

 ….

 An County.

 After relevant investigation, Su Bai has determined that there are no other violations in the behavior of Lao Li, Lao Zhang, Lao Xue and others.

ˆ And.

ˆ After further understanding of the whole matter, the name of the company doing this at that time was Shun'an Real Estate Co., Ltd., and its main contact was the real estate industry.

.

 ….

 After clarifying the facts, Su Bai submitted relevant withdrawal requests to the law enforcement and prosecutorial departments.

 However, the prosecutorial department rejected Su Bai’s request on the grounds that the criminal facts were sufficient.

Su Bai:? ? ?

 Are the criminal facts sufficient?

  No, the relevant situation has shown that Lao Li, Lao Zhang, Lao Xue and others are just carrying out simple rights protection activities.

 There is no other extraordinary behavior.

 Can this be dismissed? And the reply was just a sentence of criminal facts and sufficient evidence.

　Very good!

 He would like to know how a crime is sufficient.

.

 ….

On the eve of the trial, Su Bai applied to the court for a public hearing.

 The court rejected Su Bai's application for a public hearing on the grounds that it involved the image of Shun'an Real Estate Co., Ltd.

but.…

 The trial cannot be held in public, and it will not have much impact.

 It is nothing more than that the presiding judge and the two members of the collegial panel can have tendencies during the trial.

but!

 Tendencies are tendencies. In this case, it is obvious that the prosecutor had certain problems when filing a lawsuit.

Like the cases of Lao Li, Lao Zhang and Lao Xue, if they must be judged on the basis of picking quarrels and provoking trouble, they will generally be judged according to public security management penalties.

Of course, using public security management penalties is also unreasonable, but it will not lead to public prosecution.

 How is picking quarrels and provoking trouble generally determined?

 Gangs gather to beat, insult, and provoke others.

 None of the above appeared in this case.

 Only legitimate means of safeguarding rights were used.

 So...Su Bai thinks that the prosecutor's refusal to withdraw the case and insisting on submitting it to the court is a bit outrageous.

 But no matter what, a public prosecution has now been filed.

 Then you still need to apply to the court for a relevant rejection at the court hearing.

.

 ….

at the same time.

 On the eve of the trial, Wang An, the CEO of Shun'an Real Estate Co., Ltd.

After hearing the assistant’s report, the group of villagers who asked for compensation actually found a lawyer.

 Smiled and spoke to the assistant nonchalantly.

 “Don’t you have any arrangements for this matter?”

 The assistant replied: "Mr. Wang, it has been arranged."

 “It’s just...”

“The person opposite is a very famous lawyer. If we really start a lawsuit, it will be very detrimental to our public opinion.”

“Maybe there will be some bad influence, and then I contacted the court...”

“I asked about the situation, and what they said is that it’s not easy to do.”

 “What can’t be done? Just decide what should be done.”

Wang An waved his hand and seemed not to care.

“In this matter, it’s obvious that the other party wants too much and is making trouble in front of our company. Isn’t this just provoking trouble?”

“I will ask about this matter clearly, but I still have to remind you to pay attention to the impact and don’t make too big a fuss, otherwise it will be difficult to explain.”

"I got it."

 The assistant nodded and left the office.

.

 ….

 Soon, the court date came.

Su Bai took Li Xuezhen to the An County Court.

 In the waiting room.

 After waiting for nearly seven or eight minutes, the relevant staff took them to the court hearing site.

 After all parties are seated, the clerk begins to read out the relevant court discipline and other requirements.

 After the reading is completed, with a call for the presiding judge, the judge enters the room.

 Members of the collegial panel took to the bench.

 At the presiding judge's seat, Hu Jun, as the presiding judge of this trial, began to verify the identity of the personnel and go through other process matters.

 After everything is ready.

 Hu Jun subconsciously looked at the defendant's litigation attorney's seat.

Noticing Su Bai at the defendant's attorney's seat, Hu Jun felt a headache.

In this case, what kind of pressure should the prosecutors have received to insist on prosecuting?

 The court can only accept the hearing of this trial.

 He was originally unwilling because this case involved too many things.

 But there is no other way...

 This court hearing can only be conducted by him.

Taking a deep breath, Hu Jun began to ask the prosecutor to present the pleading.

“The trial process is ready and the personnel information has been verified. The prosecutor is requested to start presenting the relevant content of this trial.”

As the prosecutor, Ma Hu made a statement after hearing what the presiding judge said.

“Presiding judge, regarding the defendant, the prosecution’s relevant statements are as follows:”

“The prosecution determined that the criminal circumstances of the defendants Li, Zhang and Xue were provoking quarrels and provoking trouble.”

“Reason for determination:”

“Li, Zhang and Xue, headed by the three of them, formed a group and, together with other persons, committed illegal activities to Shun’an Real Estate Co., Ltd.”

 “The object and objective conditions in accordance with the crime of picking quarrels and provoking trouble have been met.”

“In provoking quarrels and provoking troubles, the objective condition of the ontology is to disrupt public order.”

"The objective conditions are that it manifests as causing trouble and disrupting public order." "Li, Zhang and Xue organized nearly 50 people to carry out activities in front of Shun'an Real Estate Co., Ltd., which seriously affected Shun'an Real Estate Co., Ltd. An Real Estate Co., Ltd.’s business activities and normal public order.”

 “The standard for prosecution has been met.”

“According to relevant legal provisions, the prosecutor will prosecute Li, Zhang, Xue and other members of the organization.”

“Recommended sentence: Xue, as the main core member and proposer, the prosecutor recommends a sentence of two years and 6 months.”

“Li and Zhang, as the main persons, are recommended to be sentenced to one year and 6 months in prison.”

“Presiding judge, the prosecution has finished its statement.”

 After finishing his statement, Ma Hu raised his head and looked at the presiding judge's seat. What should I say about this case?

There are basically no other major issues. Since a public prosecution has been filed, a verdict will definitely be made. The specific verdict lies with the presiding judge.

 He only needs to provide a satisfactory judgment condition.

 As long as there is evidence, there is no problem with the verdict of this case.

 Each presiding judge has a different view on the understanding of relevant laws.

 Especially such crimes as picking quarrels and provoking trouble.

This trial still depends on the presiding judge’s understanding of the law, and the preference is on their side. So as long as a public prosecution is filed, this trial will be considered over.

after all.…

This case, unlike other cases, lacks key evidence and legal basis.

 The understanding of picking quarrels and provoking troubles all depends on the judge’s consideration. Otherwise, how can we say that picking quarrels and provoking troubles is a universal crime?

 At the presiding judge's seat, Hu Jun turned his attention to the lawyer appointed by the defendant.

“Does the defendant have anything to say about the prosecution’s accusation?”

 “There is a chief judge.”

 “Then let’s talk about it.”

Hearing what the presiding judge said, Su Bai immediately said: "We do not agree with the prosecutor's statement. The specific points are as follows:"

“The prosecutor is stating that our client committed a crime of provoking quarrels and provoking trouble.”

“As members of the legal profession, we should all know that there are certain requirements for picking quarrels and provoking trouble.”

“That means it needs to cause certain damage to public order.”

“Although the scope of picking quarrels and provoking troubles is very broad and can be understood according to everyone’s thinking, the scope and seriousness of the damage caused,”

“But we did not disrupt public order at all!”

“The prosecutor stated that Li, Zhang and Xue, as our parties, violated the fourth point of picking quarrels and provoking troubles: causing public disorder by causing riots in public places.”

“I would like to ask, does the prosecutor use this to determine that we are provoking trouble?”

 Sloppy: "Yes."

“Then I would like to ask, how did the prosecutor determine that the rioting caused public disorder?”

“Isn’t there a causal relationship between heckling and causing public disorder?”

“During the course of this case, Li, Zhang, Xue and others did not make a fuss. They just carried out normal rights protection activities and did not cause any so-called public disorder.”

“So there was no heckling and no disorder affecting public order.”

“I’m not quite able to understand what the prosecution means by heckling causing public disorder. Can the prosecution elaborate on this?”

Facing Su Bai’s question, Sloppy said:

“According to the guidance and related definitions of picking quarrels and provoking trouble, heckling refers to the same behavior performed by multiple people in the same scene, causing relevant public disorder.”

“Four or more people can generally refer to multiple people. In this case, the number of people involved is as high as dozens, which has reached the definition of a team.”

“It affects public order and causes public disorder. This can be easily explained. The actions organized by Li, Zhang, Xue and others have seriously affected the company operations of Shun’an Real Estate Co., Ltd.”

“And it caused a huge impact on Shun’an Real Estate Co., Ltd.’s reputation and other circumstances. Faced with the persuasion of law enforcement officials, Li, Zhang and Xue refused to listen to the dissuasion and continued to go their own way.”

 “And many times.”

“Based on the above behavior, are there any problems with Li, Zhang and Xue determining that he is provoking quarrels and provoking trouble?”

"has a problem!"

Su Bai retorted: “I don’t agree with the prosecutor’s point of view.”

“What we just stated is not that we refused to listen to persuasion many times. The question we asked is at what point did we affect public order?”

 “What is public order?”

“Public order refers to some common matters in life, and those that affect public order affect these matters.”

"Our client and others only stood outside Shun'an Company to defend their rights. First, they did not insult others. Second, they did not beat them. Third, they did not actively disturb others."

“So, when the prosecutor stated that our client led others to affect public order, he meant that it affected the work of Shun An Company’s employees?”

"But this is not something we are willing to influence, and we have not obstructed others."

"also."

“The prosecutor also stated that the law enforcement authorities have tried to persuade our client and others many times.”

"Yes."

"We cannot deny this. They have indeed tried to persuade us, but what we are doing is protecting our rights. Have they not done anything illegal or disciplinary?"

 “And communicated accordingly with law enforcement officials.”

“So I didn’t do anything that violated laws and disciplines, nor did I do anything that resisted law enforcement.”

“At what point do we affect the public order of relevance?”

“Based on the above, we do not agree with the prosecutor’s corresponding views.”

“We also ask the presiding judge to consider that we are using reasonable means to protect our rights.”

 “It is determined that we did not provoke trouble.”

Su Bai raised his head slightly and looked at the presiding judge's seat.

The key point in this defense is whether it affects public order.

 From the perspective of the general judgment of picking quarrels and provoking trouble in criminal crimes.

To convict this crime, according to the fourth point, there needs to be adverse consequences.

But.…

 Lao Li, Lao Zhang and Lao Xue did not have any adverse effects in the process of safeguarding their rights.

 Speaking of impact, it is nothing more than affecting the face of Shun'an Company.

 But does Shun An Company equal public order?

   is not the same as!

But then again, can this case be judged as picking quarrels and provoking trouble?

Can.

If the presiding judge imposes a hard verdict, he can still make a decision.

but.…

 This also involves other issues, such as whether there is a violation of the law.

Therefore, the judgment of this trial mainly depends on which side the presiding judge prefers subjectively.

At this time, the presiding judge’s eyes also fell on Su Bai.

.

 …

 PS: During the double monthly pass period, please give me a monthly pass~

 (End of this chapter)