As a Lawyer, You Sent the Judge In?

Chapter 342: Tendencies from different angles, the presiding judge’s view

Chapter 342 Tendencies from different angles, the presiding judge’s point of view, supervision? Don't be afraid!

Su Bai slapped the table directly and continued to question Jiang Feng who was sitting on the trial bench.

Because Jiang Feng has too strong a tendency in this case.

It is completely inconsistent with the rationality of the judgment and does not comply with the relevant provisions of fair and just legal judgments.

This judgment is not only unreasonable!

And if it is a public trial, it will definitely explode in the legal circle!

Why do you say that?

Because in the legal circle, generally speaking, the presiding judge makes relevant decisions based on the opinions of the defender.

If the opinion complies with the legal provisions, then the judgment can be made in accordance with the relevant opinion.

Su Bai has been exposed to many cases, whether they are civil, administrative or criminal.

Having come into contact with all kinds of criminal cases, large and small.

How should I put it? According to the legal situation, it does exist.

But it does not mean that he has to make a judgment based on legal circumstances after he has produced relevant evidence.

At present, the presiding judge determines guilt based on legal circumstances.

In accordance with what legal circumstances?

Obviously, he wanted to convict Xia Mingyuan.

It is obvious that there is something wrong with Jiang Feng’s judgment just now.

First: Jiang Feng did not accept it. What he submitted just now was confirmed by the statements of school students and teachers that the confessions of Wu Yan and other victims were false.

This piece of evidence is a very critical piece of evidence.

Although it has not yet been authenticated.

However, it is entirely possible to conduct an appraisal after the trial, and then determine whether Xia Mingyuan is guilty or not.

He directly refused to accept it and determined that Xia Mingyuan had molested and harassed Wu Yan and other victims.

It is equivalent to saying that illegal evidence has not been excluded.

What does that mean.…

It means that Su Bai produced Wu Yan's confession, which may be illegal evidence.

The presiding judge also did not make relevant exclusions in accordance with the law.

Secondly.…

The same issue is still there. There are clear provisions in the Criminal Procedure Law.

　　Emphasis on evidence and light on confession!

After he had raised this issue, the presiding judge still made the judgment according to his own legal situation.

Su Bai was also very curious about this legal situation of the presiding judge.

He also wanted to know what the statutory circumstances were and what laws and regulations were followed.

The judgment can be made without complying with the relevant provisions of the Criminal Procedure Law.

…

Su Bai looked directly at Jiang Feng on the trial bench.

Jiang Feng, who was on the court this time, had a calm expression when facing Su Bai's continuous questioning.

He was not unaware of these points raised by Su Bai.

About Su Bai’s identity, the country’s top criminal lawyer.

Has a very high reputation in the field of short videos.

And the winning rate is extremely high, and many unjust, false and wrong cases have been corrected.

This is also the reason why Jiang Feng had to go around in such a big circle at the beginning of this trial before making a judgment.

Although in the court hearing just now, in some cases, certain procedures were violated.

However, these procedures are "legal" in the context of supervision.

ˆ It won’t have much impact on him.

This is also the reason why in this trial, he will make a judgment based on the legal situation.

What is the most critical issue in this case?

How to make a ruling without affecting the presiding judge?

The most critical issue is the evidence provided by Su Bai to prove that Wu Yan’s confession is illegal evidence.

First of all, he does have the right to reject evidence.

Secondly, there will be no penalty for not accepting this kind of evidence.

to be honest-

From Su Bai’s statement just now, it is simply that there is no objective factual evidence to prove that Xia Mingyuan committed a crime.

And submitted evidence to prove from the side that Xia Mingyuan did not commit a crime and that Wu Yan and others' confessions were false.

But what do you think from the perspective of the presiding judge?

He has a tendency, so how should this case be judged?

Exclude the evidence first.

An unidentified piece of evidence that proves the false confession of Wu Hao and others.

Does he have any reason for the behavior he did not adopt?

have!

Why do you say that?

Is it possible that this evidence was forged by Xia Mingyuan’s lawyer?

possible!

So is it possible to reject it?

Indeed, he can wait for the appraisal after the court hearing and then adopt it.

But does he have the right not to adopt it directly?

We have the right to!

During this process, did he commit any malfeasance in his duties?

not at all.

….

Second point, the confessions of Wu Yan and others have been authenticated and are valid and true.

It is also very reasonable to accept oral confessions.

For such non-admissible evidence, it is a "reasonable" situation to think about the relevant legal situation from the perspective of the injured party.

At least it is considered “reasonable” from the perspective of the presiding judge and the supervisor.

There may be certain problems with the procedure, but at most it’s just “talking” and not even punishment.

Not to mention the cases of unfair judgments.

After all, in some cases, judges need to pursue “result justice” and ignore certain procedural justice.

Even though the incident went viral and the public opinion was loud, from the perspective of the judge, there was no problem with my judgment.

So what impact can it have on yourself?

Jiang Feng also knew in his heart that there was something wrong with the verdict this time.

However, if the appellant cannot produce relevant evidence, it does not constitute a "false accusation".

Furthermore, Su Bai's most important statement is to follow Article 55 of attaching importance to evidence and not to trust oral confessions lightly.

Judgment must be based on objective facts.

To be honest, every presiding judge has a different view on this point.

Failure to make a judgment in accordance with this law will not affect the outcome of the judgment at all, nor will it constitute other criminal acts.

For example, forcing a woman to have **** against her will.

The determination of this crime is, to some extent, mainly based on oral confession.

Indecency and harassment are also mainly based on women’s confessions.

In some cases, it is indeed necessary to rely on evidence, but how to define "credulous confession"?

The right to define is reflected in relevant situations.

Is a confession evidence?

It is certainly evidence, and from a certain point of view, it is also direct evidence.

So no matter from which aspect, in his opinion, the rejection of Su Bai’s lawsuit is reasonable and reasonable.

Jiang Feng has given a very comprehensive consideration to Su Bai, a top lawyer in the country and a lawyer with his own topic traffic.

Although this trial may have certain circumstances, such as stirring up public opinion on the Internet or attracting supervisory scrutiny.

But the victim is a minor after all.…

Consider public opinion.

In the judgment, as long as the relevant points are clarified, there won’t be much of a problem.

To be honest...Jiang Feng is concerned about the situation where the country's top criminal lawyer has his own traffic topic.

How to put it... I also have some concerns.

But at present...there is a "tenable" situation on the part of the defendant.

In this case, there is a certain bias, but it will not be too outrageous.…

Even if Su Bai submitted it for supervisory review, he would not worry at all that he would have any problems.

Because from another perspective, most of the unjust, false and wrong cases actually exist in case filing and prosecution.

The judgment is applicable to many situations, and he has partiality in his heart.

But in this trial, he is not worried that a top lawyer like Su Bai will have any impact on him.

In response to what Su Bai asked, Jiang Feng replied:

“Based on the victim’s confession and the circumstances of the minor.”

“When I made the judgment just now, the relevant scenarios were stated very clearly.”

“The appellant’s lawyer considered the issue from the perspective of the appellant, but did not consider the issue from the perspective of the victim.”

"If you look at the victim's perspective, especially if you are a minor... it is very likely to cause this situation."

"And Xia Mingyuan's answer just now is very clear. What he said is possible."

“In this case, couldn’t he take into account the relationship between teacher and student?”

“From a normal person’s point of view, would they have too much physical contact with students?”

“This is the legal situation I have just stated.”

“Criminal proceedings also stipulate how this situation should be resolved.”

“If the appellant’s lawyer has other questions, they can discuss it after the trial.” “But in this trial, the collegial panel will only give this explanation once and will not give another explanation.”

　　咚咚!

The hammer struck, and the sound was heavy and spread throughout the courtroom.

"alright!"

“The trial continues!”

Jiang Feng was very dissatisfied with Su Bai's behavior just now, so he directly expressed that he would not discuss the decision this time.

only.…

If this is the verdict in this trial, the verdict of the first instance will still be upheld.

The sentence will not be increased on appeal.

There is no new factual evidence or charges.

The second instance appeal will have no substantial impact on Xia Mingyuan’s sentence and sentence.

In this case, Su Bai must fight for more legal rights and interests for his client.

Ignoring the obstruction of the presiding judge, Su Bai continued to speak:

“If the presiding judge just made a statement based on the legal situation just now.”

“Then there is indeed the possibility of such a legal scenario.”

“But we still insist on making a judgment based on the evidence and legal provisions.”

“Otherwise, we have the right to conduct a retrial and appeal in accordance with the law.”

What does this mean?

Initiate review?

Jiang Feng really didn't have much worry about this and ignored Su Bai's statement.

Continue to speak: "The trial continues."

“Now that the determination of the parties has been completed, please begin the court presentation.”

“The appellant may refuse to make a statement in court if he does not wish to do so.”

“But the order of the court hearing cannot be disturbed.”

“Otherwise, as the presiding judge, I have the right to expel you from the court.”

While saying this, Jiang Feng also asked the bailiff at the trial to pay attention to Su Bai.

If Su Bai refuses to speak despite the obstruction, ask the bailiff to take him away from the court hearing.

In this case.…

Su Bai smiled, this is the presiding judge’s right in court…

Refuse to ask the client to speak.

If there is any opening, ask the bailiff to take you away from the court hearing.

If you cause chaos or make things bigger, you may even be charged with disrupting the order of the trial and interfering with the judicial process.

…

It’s really good enough.

….

The trial is still going on, and everyone in the courtroom knows it clearly.

This time the judgment of the second instance will definitely uphold the original judgment of the first instance.

Li Xuezhen on the side said angrily:

"Lawyer Su...isn't the presiding judge of this trial too targeted?"

“Don’t let anyone speak directly!”

“What does this mean?”

Su Bai breathed softly: "Wait a minute..."

…

This time, the prosecution's statement was very simple, and they only made relevant statements based on objective facts.

The statement made by the victim Wang Qin was also from the perspective of the victim being a minor.

As well as the victim's confession and Xia Mingyuan's identity as a division commander, he was charged with guilt.

how to say.…

Wang Qin, as the victim’s lawyer, did not expect that such a situation would occur in this court hearing.

Although the other party’s lawyer slammed the table, it had no impact on the outcome of the trial.

She never thought that...as a criminal lawyer from a small town, she could actually win against the top criminal lawyers in the country.

Sure enough...the right of trial is greater than the right of defense, and the best defense is a statement that can impress the presiding judge.

Wang Qin muttered silently in his mind and ended this court statement.

At the court hearing, after Wang Qin finished his statement, Jiang Feng began to ask Su Bai to make a court statement.

Looking at Su Bai, Jiang Feng said:

“Appellant, do you need to make a court statement?”

Statement?

Although the outcome of the judgment is generally known, this court statement does not need to be made.

But the attitude that should be expressed still needs to be expressed.

Regarding the court statement, Su Bai directly stated: "We need a court statement."

“Then let’s get started.”

"OK."

“In this court hearing, our statements have always been based on legal interpretations, criminal proceedings, and relevant factual evidence to defend our client.”

“But in this court hearing, I took the attitude expressed from the victim’s side and the collegial panel.”

“I have not seen any determination based on the Criminal Procedure Law or objective facts.”

“I don’t know what kind of verdict the collegial panel will make this time.”

“But I know very well...”

“Based on the fact that the judgment made by the collegial panel so far, the questions asked by the collegial panel and the opinions expressed by the collegial panel at the trial are not based on legal fairness.”

“So I would like to ask the presiding judge and the two judges of this trial.”

“If you only pursue the justice of the result according to the legal situation but not the justice of the procedure, then if the verdict is really unjust, false or wrong.”

"How to do?"

“I know that the judgment just now has stated that our client may be sentenced to uphold the original judgment of the first instance.”

“Although the collegial panel has already made relevant determinations and judgments.”

“But for this case, from my personal perspective and as my client’s attorney.”

“I think, both from the perspective of law and objective facts.”

“This kind of judgment is very unreasonable.”

“My protest is that our client will not sign the confession.”

“We will submit a request for retrial to the High Court.”

“The above is all my statement and summary of this trial!”

Finished.

Su Bai didn't wait for Jiang Feng to react on the court, and stood up and left the appellant's seat!

He has made it very clear just now, protest!

The verdict has been decided, what’s the point of staying in court and waiting for the verdict?

Looking at Su Bai walking out of the court hearing, Li Xuezhen followed Su Bai out of the court scene with a serious face.

At the court hearing.

Jiang Feng smiled after seeing Su Bai's leaving figure.

Even if Su Bai raised it in this court hearing, what is the meaning of various opinions?

Always emphasize objective facts.

But in cases of harassment and indecency like this, what’s wrong with relying on confessions?

In his opinion, Su Bai did not continue to fight for his client’s legal rights.

However, in the court hearing, he openly expressed his dissatisfaction with the trial and that he did not make the judgment in accordance with the law.

has no meaning.

Jiang Feng's expression was calm regarding Su Bai's actions.

The result of the trial was not announced in court.

Instead, he chose to close the court.

Notify all parties of the judgment and the outcome of the trial within the specified time.

He was waiting for Su Bai to submit for supervisory review.

He believed that the result of the review would never be the same as Su Bai imagined.

….

Get out of the courthouse.

Su Bai took a deep breath and looked up at the sky.

The clouds are thick and there is a faint tendency to rain.

“Let’s submit it to supervisory review first.”