As a Lawyer, You Sent the Judge In?

Chapter 338: Judgment without evidence, the judicial environment is not very good?

 According to the general court procedure, the case is transferred to the law enforcement agency for filing.

 The case was then filed to confirm the facts of the crime and related crimes.

 Then it is handed over to the prosecution department, that is, the prosecutor.

 The prosecutor confirms the facts. If it thinks there are problems with the case, the case will be transferred to the court for trial.

If you think that the evidence in this case is insufficient or there are other circumstances.

 Reject the request of the law enforcement party to file a lawsuit, require the law enforcement unit to supplement evidence, release on bail pending trial, or cancel the case.

 What does “no evidence” mean?

 No evidence means that there is no conclusive evidence to prove that the defendant was at fault.

Then why should we rule against the defendant?

 This is true from both a civil and criminal perspective.

 Even if a high degree of probability is used in civil litigation.

 That is also a relevant judgment made based on certain indirect evidence.

 The lack of evidence is even worse, which means there is no direct evidence or indirect evidence that can show that the defendant is at fault.

 So how was it determined that the defendant had lost the case?

Su Bai was very curious about the case that Xiao Haibo mentioned without evidence.

　　 said: "I have never seen such a verdict without evidence."

 “Can you elaborate on it?”

"Um!"

“Wait for me for a while, I will go to your office now, and the two of us will meet and chat.”

 Xiao Haibo regained his corresponding lawyer license after being falsely accused of forging evidence last time.

 And returned to the law firm as a partner.

The law firm itself is not far from Bai Jun Law Firm, only separated by an intersection.

 Less than 15 minutes, there was a knock on the door of Su Bai's office, and Xiao Haibo opened the door and walked in.

As he pushed the door open and came in, he said:

“I can’t explain this case clearly over the phone, so it’s better to talk to you in person.”

“After all, we can learn more about the case in detail.”

"sit."

Su Bai first asked Xiao Haibo to sit down, and then slowly stated the case.

Xiao Haibo and Su Bai have known each other for such a long time, and they usually communicate with each other a lot.

 So when it came to conversation, Xiao Haibo was not too polite and said directly: "Lawyer Su."

“The party involved in this case is an elementary school classmate of mine who went to elementary school in my hometown, and the relationship between the two families is relatively good.”

“He previously worked as a curriculum teacher and dean of students in a key high school.”

"Now he has been falsely accused by students... Not only has the case been filed, but now the first-instance verdict has been handed down, and the verdict was based on no evidence."

“You also know that I don’t know much about criminal matters.”

 “According to my understanding, the current situation is like this...”

 Xiao Haibo has been elaborating on the cause and course of the case.

 Because Xiao Haibo is also a lawyer, his explanation is relatively clear and objective.

 Su Bai made a certain summary of the entire case.

 In short, he is Xiao Haibo’s elementary school classmate.

ˆPreviously worked as a teacher and dean of a key high school.

However, three female school students accused him of molesting and harassing minors.

 The case was then filed with law enforcement agencies and prosecuted.

Due to the involvement of multiple minors, he was sentenced to three years and six months in prison.

If the case is true, it involves the harassment and indecency of multiple underage women.

 Especially in schools, more serious cases have been involved.

 It is normal to be sentenced to three years and six months in prison.

 But in Xiao Haibo’s statement,

 He has always been in contact with this elementary school classmate,

 This elementary school classmate has a very good character.

Whether it is for colleagues or students, they are very caring, but sometimes they seem a bit strict.

 There has never been any gossip in the school for so many years, let alone the possibility of obscenity and harassment.

ˆXiao Haibo also knows this, and only describes it from his personal subjective perspective.

ˆ It is very likely that there will be some wrong judgment and wrong influence on the case.

 As a lawyer, he knows this very well.

 Without evidence, any argument is unconvincing.

 Especially in criminal cases.

 So he directly sent the original photo of the judgment to Su Bai.

Su Bai looked at the contents of the judgment in detail.

 Among them, focus on the disputed facts and reasons in the judgment.

 As well as the facts and reasons for the judgment, and the applicable laws and evidence.

how to say.…

 From the perspective of the relevant disputed facts in the judgment and the application of relevant laws and evidence.

 It is not zero evidence.

  But it is, there is no direct evidence or there are no objective facts except oral confession.

 Equivalent to zero objective evidence.

 According to the relevant provisions of the Criminal Procedure Law, this judgment should not be established.

Why do you say that?

 Because the judgment and judgment were based solely on oral confessions.

 There are no basic factual conditions and objective conditions.

 It will greatly increase the probability of an unjust, false or wrongful conviction.

 This is why the law has repeatedly emphasized not to focus solely on oral confessions.

After Su Bai read the judgment, he was sure that there were indeed very big problems with the judgment of this case.

After Xiao Haibo explained all the situations one by one, he then asked:

 “Lawyer Su...”

 “Can you take this case?”

Su Bai nodded: "I can definitely take this case, there is no problem."

In Su Bai's view, this case is considered a relatively special case.

 Because except for some unjust, false and wrong cases.

Su Bai also rarely encountered cases where judgments were made without direct evidence and objective facts.

If this kind of case is decided, it will become an "unjust, false and wrongly decided case" in the future.

Perhaps it can even become a classic case, incorporated into law exam textbooks, and become exam content.

This kind of case must be accepted!

 After expressing his willingness to entrust this criminal case, Su Bai continued to speak:

 “When can I meet the client or the client’s relatives?”

"tomorrow."

“I only found out about this two days ago. The wife of my elementary school classmate came to me today and asked me to help.”

“As you know, there are all kinds of favors in my hometown, so I asked her not to worry and buy a high-speed train to Nandu tomorrow.”

 “Let’s talk about it when we meet.”

"OK.…"

Su Bai nodded.

Concerning the matter of this case, after the discussion was completed, the two of them did not exchange too many greetings.

  After all, they are very close... Occasionally, the two of them sit in the office together and drink tea.

 There is no need to exchange too many pleasantries.

After sending Xiao Haibo out of the office, Su Bai rubbed his eyebrows.

 During this period...cases really came one after another.　　　　　…

Taking a deep breath, Su Bai sat on the sofa and looked down at his phone.

 Then he saw the message Xiao Pingjun sent to him: "Lawyer Su..."

“The supervisor from Tianjin City called me just now.”

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　?)

Xiao Pingjun’s case is over.

Why are the supervisors in Tianjin City contacting Xiao Pingjun at this time?

 “Why did the inspectorate contact you?”

“Lawyer Su is like this...The supervisors just asked me whether Wang Hai and Dafa Supermarket have any other behavior towards people like us who buy expired food.”

 “For example, threatening and beating...”

 Seeing this, Su Bai understood.

This is to ask Wang Hai whether he has organized others to endanger social and public safety.

 Supervisors, this is adding fuel to Wang Hai’s crimes.

Xiao Pingjun continues to send messages there:

“Lawyer Su... I just asked the supervisory staff about the results of the handling of Wang Hai and the persons in charge of industry and commerce.”

“The supervisor said it needs to be kept confidential.”

"But still tell me that the amount involved has been investigated to exceed 2 million."

 Two million.…

The amount involved is already a huge amount.

  Basically equivalent to a prison sentence of 5 to 10 years.

However, with so many people involved, the specific amount cannot be defined.

Looking at Xiao Pingjun’s statement, this case involved at least 20 people.

  20 people.…

If Li Xuezhen learned the news, she would definitely be very happy.

Su Bai called Li Xuezhen to the office and briefly stated the message from Xiao Pingjun.

 Sure enough.

After learning the news, Li Xuezhen's eyes shone brightly, but then she silently muttered a word of pity.

This case is an administrative case, otherwise...

 When the time comes to attend the court hearing, you will see the remorseful expressions on the faces of those responsible!

 After such a long period of contact, Su Bai was very aware of Li Xuezhen's little thoughts.

You could tell what Li Xuezhen was thinking at a glance. She coughed twice and handed the materials she had just compiled to Li Xuezhen.

“This is a new case entrustment. Please take a good look at it and go to the Enforcement Judgment Website and Judgment Website to learn about the relevant judgments of this case.”

 “Put it together today or tomorrow morning and give it to me.”

Li Xuezhen took the materials, read through them briefly, and then nodded heavily: "Okay, Lawyer Su!"

.

 ….

 Wait until the next day.

office.

Su Bai, Xiao Haibo and the wife of his primary school classmate were sitting on the sofa.

Li Xuezhen poured a glass of water for each of them, and then sat next to Su Bai.

Su Bai already knew everything he could about the relevant circumstances of this case.

Just listen, Xiao Haibo’s elementary school classmate, Xia Mingyuan’s wife Xie Hui, looked a little nervous after seeing Su Bai, and slowly said:

 “Lawyer Su...”

“My family, Mingyuan, was really unjustly sentenced in this case.”

“My family, Mingyuan, has always been in school so that students can get good grades and get into a good university. We go out after five o’clock in the morning and don’t get home until after ten o’clock in the evening.”

“To be honest, it’s really not easy to persist for so many years.”

“Having been a dean of students for so many years, every student who graduates has nothing but good things to say about him.”

“At least I didn’t go to college at that time, but after I entered the society, I understood his good intentions.”

“As for molesting and harassing female classmates, as his wife, I don’t believe this at all!”

“Not only do I not believe it, but my colleagues in the school, leaders and students also don’t believe it.”

"So...this time I would like to ask Lawyer Su to help our family Mingyuan...if he is really sentenced."

 “That’s really an injustice.”

Su Bai nodded, listened to Xie Hui’s opinion, and then spoke:

"That's right. Judging from the judgment of the first instance, there are indeed certain problems in the judgment."

 “But I would like to ask a few questions about this case.”

“Lawyer Su, you ask.”

“Is there anything else that happened during the filing of this case and the prosecutor’s review?”

 “Or what you think is unreasonable.”

 “Yes!” Xie Hui nodded with a serious expression:

“Among the three girls who accused my family of Mingyuan.”

“One of the girls’ family has connections with law enforcement.”

“There is another one who has a certain relationship with the Procuratorate.”

“I don’t know if there is any connection. I have no evidence and I dare not say.”

“But I always feel that this matter has a certain connection with Mingyuan’s sentencing.”

“Also…these three girls all have problems in school.”

“Teachers have reported many times that the three girls did not abide by school rules and disciplines at school, and even bullied other students.”

 “The school requested expulsion.”

“This matter is handled by my family, Mingyuan.”

“Then the parents of the three girls approached Mingyuan and wanted these three students to continue to study in school.”

“But it was rejected by Mingyuan.”

“Then they called the police and said that my family Mingyuan had violated them... Isn’t this a false accusation?”

When Xie Hui was talking about these things, the expression on her face was uncontrollably angry.

　　Although I didn’t say it with my mouth, in fact, I have already determined in my heart that there is a certain connection between them.

Su Bai frowned slightly, does this case still have such a network of connections?

 Three victims.

 One girl is related to law enforcement and the other is related to prosecutors.

 Then…after being expelled from school, he found Xia Mingyuan, who was responsible for this matter.

 Want to resume school.

 But he was rejected by Xia Mingyuan.

After being rejected, three female students accused Xia Mingyuan, the dean of students, of harassing, assaulting and molesting them.

 And without objective facts and only a confession, he was sentenced to three years and six months in prison.

 No, any normal person would think there is a problem in this case, right?

Let’s talk again.

 During the judgment process, why is it only based on oral confessions and not on factual evidence?

Isn’t this a rogue move?

 In this case, Su Bai reassured Xie Hui that nothing else would happen.

 Let’s not talk about anything else...according to the fact that the two girls may have a relationship of interest with the relevant people.

 It is absolutely possible to report first that there may be some malfeasance and bending of the law for personal gain in this case!

 But after Su Bai expressed his opinion, Xie Hui seemed a little hesitant.

 “Lawyer Su...you may have never stayed in a small county town.”

 “Small places are no better than big cities.”

 “The judicial environment in our place is not very good...”

  ? ? ?

 The judicial environment is not very good? !

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)