As a Lawyer, You Sent the Judge In?

Chapter 344 Reversing the accusation, Xiao Li: Send it in!

 As for the case of submission for retrial, the High Court has transferred jurisdiction.

ˆ Relevant evidence was identified and verified.

 And notify all parties to participate in the court hearing.

But this time...

 For the retrial, Wu Yan and other three victims did not participate in this trial.

 Instead, the evidence and materials were handed over to his attorney Wang Qin to represent him in court.

 This time, for Xia Mingyuan.

 The court session and other litigation procedures were very smooth.

 This trial was conducted by the Pusan ​​City Intermediate Court.

 Because Su Bai added relevant evidence.

 Hence, it can be seen from the supplementary evidence that the confessions of Wu Yan and the other three victims may be false.

in this case.…

Wang Qin is using the victim’s status as a minor and other circumstances as points of defense.

 But there are no objective facts.

 The court did not adopt Wang Qin’s point of view.

finally.

 The court accepted Su Bai’s additional evidence.

 The accusations made by Wu Yan and others against Xia Mingyuan are judged to be fictitious.

 And there are no objective facts to prove that Xia Mingyuan harassed and molested Wu Yan and other three victims.

 Final verdict, Xia Mingyuan is not guilty!

 After three verdicts, Xia Mingyuan was finally found not guilty during the retrial process.

 Overturned the judgments of the first instance and the second instance.

 Three judgments, how should I put it...finally gave Xia Mingyuan a clean slate.

Su Bai breathed softly and looked at the judgment seat.

 This retrial is the normal court process!

It is possible that the other party made a fictitious confession, and there are no objective facts. How can it be possible to convict Xia Mingyuan?

 The verdict of not guilty is the normal situation! .

 ….

At the court hearing, Xia Mingyuan was very emotional and kept bowing to the court seat and the seat of the litigation attorney to express his gratitude.

 In his heart, he always believed that the law would give him a fair sentence.

I am also willing to wait.

 But when the results of the retrial were announced, I was still very excited…

 After his emotions calmed down, he came to Su Bai and bowed deeply: "Lawyer Su...Thank you..."

 “If it weren’t for you, I might have served more than three and a half years in prison.”

“There may even be rumors in the school that I harassed and molested female students. I will never be able to clear my innocence in this life!”

 There was a tremor in his voice as he spoke.

Su Bai smiled and nodded: "In any case, he has been declared innocent now."

 “It’s a good thing.”

Su Bai can understand Xia Mingyuan's emotions.

 As a teacher who has worked hard for so many years.

 In the end, his innocence was not guaranteed, and he was charged with molesting and harassing female students.

For a teacher who has worked in the school for so many years, this may even be psychologically more difficult than killing him.

 But now there is one more important thing.

Su Bai continued to speak:

“…About the subsequent situation, such as the family interests of Wu Yan and others and the false accusations made by Wu Yan and others against you...”

"Whether you should file a case and file a lawsuit... depends on your thoughts."

“I have prepared the relevant evidence materials. If you choose to prosecute, you can file the case now.”

 “If you don’t sue...that’s fine.”

 “It depends on how you choose as the client.”

Xia Mingyuan did not hesitate when he heard that Wu Yan and others could be held accountable.

"Lawyer Su...I decided to prosecute them!"

“They falsely accused me, which caused me to sit in the detention center for such a long time...I must prosecute them!”

“These students have such bad intentions! They must be educated by the law!”

“Otherwise, we might cause a big trouble in the future!”

“This is your responsibility to me and others, Lawyer Su, I ask you to sue them!”

"OK, all right."

Su Bai smiled and nodded.

To be honest, from the beginning of the re-opening of the case to the end of the retrial, the period of detention was as long as five or six months.

 You must know that under normal circumstances, the environment in detention centers is even worse than in prisons.

During this period, Xia Mingyuan's mental state has been very poor.

So when Su Bai asked whether he wanted to file a case against Wu Yan and others for false accusations.

Xia Mingyuan agreed without hesitation!

Why?

 I feel angry!

I was falsely accused of something that was clearly not true, and I was almost sentenced to three years and six months in prison!

 Even affecting one’s lifelong innocence and reputation.

Who wouldn’t feel uncomfortable doing this?

Su Bai responded to Xia Mingyuan’s desire to continue filing the case:

 “Okay, then I will follow up on the remaining questions.”

.

 ….

Su Bai has already collected the evidence for false accusations against Wu Yan and others.

 Now you only need to submit the relevant case filing status to the law enforcement authorities.

 Just one thing...

 To file a case, you still have to go to the relevant jurisdiction to file a case.

 In other words, you still have to go to Baichuan County to file a case.

 In Baichuan County.

Su Bai took Li Xuezhen to the relevant law enforcement unit.

 After expressing his intention, he filled in the application materials and asked the staff:

“Hello, after a case is filed, when will the relevant response be given?”

The staff member took a look at the filled-in materials and frowned slightly:

“The situation involved in your case is quite serious.”

“It involves false accusations and false accusations, and there are still five or six months of custody time, and the actual criminal situation has been reached.”

“As for the relevant situation, we will review and verify it and respond within seven working days.”

“Seven working days? OK, we’re waiting for a response.”

Su Bai nodded, and then left the law enforcement department with Li Xuezhen.

 Wait until you walk out of the office hall.

  She paused, and at this time, Li Xuezhen chased after her from behind:

“Lawyer Su... Xie Hui has already said before that the judicial environment in Baichuan County may not be very good.”

“We are now filing a case in Baichuan City, will we encounter other situations?”

I have to say that Li Xuezhen’s consideration of this point is very correct.

 But the fact is that after filing a case, you need to go through relevant procedures.

 If the process cannot be advanced, or the case is refused to be filed in accordance with relevant laws and regulations.

 If the situation is serious, it will involve malfeasance of duty, etc.

 In this case, no one may help Wu Yan and the case will not be filed.

 Even close relatives are not possible.

 Xia Mingyuan's judgment can be based on the subjectivity of the presiding judge.

However, if you refuse to implement the case, it will already involve violating the criminal procedure law.

 Article 111 of the Criminal Procedure Law clearly stipulates that the procuratorate will not conduct investigations into cases that should be filed by law enforcement agencies.

 If the case is submitted to the procuratorial department, the procuratorial department shall require the law enforcement department to explain the reasons for not filing the case.

 If there is no legitimate reason, the case filing procedure must be carried out.

At the same time, according to Article 553 of the Procuratorial Criminal Procedure Rules, the victim and his legal representative believe that a case involving public prosecution should be opened for investigation, and the case is transferred to the prosecutor without proceeding.

 The procuratorate may request that suspected criminal cases be transferred to the procuratorate in accordance with jurisdictional regulations.

 The above two laws both stipulate how to deal with situations where a case should be filed but is not.

also. If you really don’t want to file a case, you can still submit an application to the next higher level department.

  In short...if the relatives of Wu Yan and others are involved in this layer of interests.

 If you do not file a case based on this, the situation you will suffer will be very serious.

There was no illegal behavior in the last case investigation, but if it is really done this time.

 No illegal behavior?

 Basically impossible!

 In other words, if Wu Yan’s relatives must help Wu Yan refuse to execute the case, he will do so.

To be honest, it is better to transfer this issue to the court and the judgment will be invalid.

 There is a slight problem because of the refusal to open a case and collect evidence.

 Then it involves illegal situations.

They also know very well that Xia Mingyuan’s client is a top criminal lawyer in the country, and he is also a highly topical lawyer.

 If you do this...what will be the consequences of facing them?

 Faced with their consequences, they must be investigated!

 So basically there is no situation where the case cannot be advanced.

 There will only be cases where the court does not proceed with a verdict of guilty.

 But now that the evidence is relatively sufficient, how can the court determine innocence?

It is also basically impossible.

Su Bai smiled and said to Li Xuezhen:

 “Don’t worry, this won’t happen.”

Li Xuezhen heard Su Bai's words and nodded with peace of mind: "Okay, Lawyer Su."

.

 ….

 The law enforcement department that Su Bai submitted to after filing the case.

 The case filing status was immediately sorted out and reported.

The above transferred it to the criminal case filing team.

 Zhang Xiaojun was stunned for a moment when he came into contact with this case.

  ? ?

False accusations resulted in the person being detained for up to six months.

The person filing the case is Xia Mingyuan’s attorney, and the person being filed is Wu Yan.…

 The name Wu Yan made Zhang Xiaojun frown.

 What is going on?

Wu Yan was put on file in turn? !

.

 ….

 Baichuan County, in a certain community.

 As soon as Zhang Cuili heard that Wu Yan had been put on file, she immediately became anxious: "I'm talking about Xiaojun."

 “What is going on, what’s going on?”

 “How can Xiaoyan still be put on file!”

“What does Xia Mingyuan want to do? We didn’t say anything during the retrial, and now he’s turning around and accusing Xiaoyan. What does he mean?!”

“Xiaojun, tell me what to do about this matter. Just open the case and dismiss it...”

“You’re still suing us. What’s his identity? He dares to sue us!”

Zhang Cuili came over to talk about Wu Yan’s case after Zhang Xiaojun came over.

 The whole person was chattering.

 Zhang Xiaojun listened on the side and waited until Zhang Cuili vented her emotions before speaking:

“Sister, please don’t be so excited or talk like that.”

“The filing of this case can be postponed without execution, but later on, people will go to the prosecutorial department or report it to the higher level.”

 “It still needs to be dealt with in the end.…”

 “If I don’t deal with it, what will happen later?”

“This is not something that can be solved without filing a case.”

Zhang Xiaojun opened his mouth to persuade, but Zhang Cuili on the side was anxious: "What should we do? What do you think we should do? You can't watch your niece Xiaoyan being sent in, can you?"

 “How old is Xiaoyan? She’s not yet a minor, she hasn’t turned 18 yet!”

“She is under 18 years old. If she leaves any stain, how do you want her to live the rest of her life?”

 Zhang Xiaojun sighed after hearing Zhang Cuili's words: "I know what you think, sister..."

"Xiaoyan is being sued. I know how to handle this matter, but the case filing procedure cannot be blocked."

“When the accusation goes to court, if the other party cannot produce any substantive evidence, then the accusation will not be successful. Do you understand?”

“So we should look at the court’s judgment and not the filing of cases.”

Zhang Cuili calmed down after hearing Zhang Xiaojun's explanation.

"OK.…"

“Then I’ll leave this matter to you, but remember, Xiaoyan, there must be nothing wrong with you, do you understand?”

 “I know, sister...”

 Zhang Xiaojun spoke helplessly.

  As her niece, he knew exactly how Wu Yan performed in school.

 There is indeed bullying of other students and other behaviors that do not abide by school rules.

Although he did something wrong, she is his niece after all, so she must find a way to help.

 However, in terms of the judgment, he has seen it and the evidence submitted for filing the case is relatively sufficient.

 As for whether he could determine that the false accusation was successful, he was not sure.

To be honest...he still needs to ask about this matter.

.

 ….

 And the other side.

 The fifth working day after Su Bai has submitted the case filing materials.

  Received relevant responses to the filing of the case.

— Regarding the false accusations against Xia Mingyuan by Wu Yan, He Juan, Li Bing and others, as well as the reputational damage and substantive situation caused to Xia Mingyuan.

 The law enforcement authorities determined that the factual evidence in this case was sufficient and decided to file the case.

 It is currently under investigation and confirming the facts.

 Seeing the response from law enforcement, Su Bai smiled...

 Complete relevant case filing and advancement.

The rest of the matter is much simpler, as there is sufficient evidence to be handed over to the prosecution.

 After the prosecutor completes the verification, the case will be transferred to the court for public prosecution.

 The evidence involved in this case is sufficient.

 And the objective facts are sufficient.

 Even if the presiding judge wants to be subjectively biased.

 But there will absolutely be no change in the outcome of this verdict!

If there is?

 If so, it can only be said that it’s time to go in! .

 ….

 After the case is filed, relevant investigation of the facts needs to be carried out.

 At Wu Yan’s home.

 Several law enforcement officers knocked on the door of the house, although Wu Yan had already listened to Zhang Cuili's instructions.

 But ultimately, I am still very afraid of being prosecuted.

　　Can’t help but look back at Zhang Cuili, with an expression on the verge of tears.

 “Mom…I’m scared…”

Although Zhang Cuili didn't want to see this scene, she really had no choice.

I can only comfort you: "Don't worry, you are only under investigation now, and the court will definitely find you not guilty later."

 “It’s like you are not at home and stay outside for a while.”

 “Be obedient.”

Facing Zhang Cuili’s comfort, Wu Yan cried and nodded.

 Shortly afterwards, he was taken away by law enforcement officers for investigation.

 Furthermore, the prosecutors have also accelerated the progress of the case.

 After verifying the relevant evidence, a request for public prosecution was submitted to the court.

 After verifying the facts, the court decided to hold a trial in this case.

  And notified all parties of the court session time and relevant dates.

Looking at the notified court time, Su Bai rubbed his eyebrows and breathed softly.

It is really not easy for this trial to proceed to this stage!

Besides, Li Xuezhen looked at Su Bai's face from the side, with a satisfied smile on her face unconsciously.

　　　…

 He took a long breath and patted his chest, his eyes bright.

I thought silently in my heart: Send it in! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)