As a Lawyer, You Sent the Judge In?
Chapter 506: Take advantage of loopholes and exercise coercion! This is all Yin
Chapter 506: Taking advantage of loopholes and exercising coercion! This is all a dirty trick!
What Guan Yuandong is struggling with is not only the fact that the superiors will be angry, but also another point, that is in this case.
In the first trial, he personally informed the Intermediate Court and ordered him to be sentenced to six months in prison.
If the High Court rejects the first-instance judgment, then the Intermediate People's Court will obviously have certain opinions.
Whether it was Su Bai’s influence, pressure from above, or the opinions of the Intermediate Court.
These points made Guan Yuandong very entangled and he could not come up with an effective solution.
After all...from the above three points, there is a lot of pressure.
If the case is judged according to normal circumstances and the original judgment of the first instance is not upheld, it will affect the higher authorities and lead to opinions from the Intermediate People's Court.
However, if the judgment is based on the abnormal situation and the original judgment of the first instance is upheld, then in this case, it will be considered as a conflict with Zhang Hongtao's attorney Su Baike.
Originally, they did not have any legal or moral basis in this case.
"Um!"
“There are many benefits to what we do.”
With Guan Yuandong’s approval, Xiao Shan walked out of the office with a smile, thinking silently:
"This solution has an explanation from above, and I will not suffer any losses due to unfair punishment."
Hearing Xiao Shan's words, Guan Yuandong got even more headache. This is what he was worried about!
“With substantive evidence and a complete evidence chain, it will be clearer how to resolve this matter. We can start from this point to convict Zhang Hongtao.”
So in the face of these problems, Guan Yuandong felt an unusual headache as to how to solve them.
“Let’s just say that the current evidence is not enough to convict Zhang Hongtao and temporarily not accept the second instance case. In this way, won’t we just leave the issue to the prosecutorial department?”
After finding the solution, Guan Yuandong smiled from ear to ear and quickly asked Xiao Shan to handle the matter.
“I think we can leave the blame to other departments and directly push this case to the prosecution department.”
Since one of the parties must be offended, the one who is offended must be the weaker party.
“The third point is also very simple. If the prosecution department does not have substantive evidence to prove that Zhang Hongtao has committed a crime, we will overturn the original verdict of not guilty in the first instance.”
“You must know that there are certain bad filters for presiding judges and judges on the Internet.”
“With substantial evidence, no matter how powerful and powerful Zhang Hongtao’s attorney is, he will be able to form a huge public opinion online.”
“Of course...it is impossible not to accept this case because there is no formal reason for inadmissibility proceedings.”
Because it was he who was trying the case, if he didn't handle it well, it would have a huge impact and ruin his own future.
Guan Yuandong frowned slightly: "What does it mean that the verdict of the first instance cannot be maintained at the current acceptance stage? Please make it clear."
“Our High Court will definitely not be able to uphold the judgment of the first instance.”
“At least at the current acceptance stage, it is not possible to directly maintain the judgment of the first instance.”
“Let the prosecution department responsible for this case handle this case and throw the blame to them. We will not bear the blame!”
After hearing Guan Yuandong's words, Xiao Shan also let out a long sigh. The reason why he helped Guan Yuandong come up with such a solution and solution.
“After all, if things really get serious, it will have a very bad impact on you, the director of the care center, and you may even be guilty of some degree of malfeasance.”
“Isn’t it enough to show that Zhang Hongtao has indeed violated regulations and disciplines?”
After hearing Xiao Shan's logical statement, Guan Yuandong showed a happy smile on his face and nodded slightly, expressing his recognition of Xiao Shan.
“So I think the best way at the moment is to hand over the pot and the difficult problem to the prosecutorial department.”
“There is no problem with the prosecutorial department having the responsibility to procuratorially review evidence against criminal suspects.”
But looking at it now, this is a situation he has to face.
“But we occupy the side of legal principles. We only need to clarify it online when the time comes, or show that we are conducting legal and compliant behavior in accordance with procedures.”
In this case, if you want to find a way to solve the matter, you must offend one of the parties.
If this matter becomes a big deal, it will have a great negative impact on them.
Xiao Shan, who was standing aside, saw Guan Yuandong struggling, so he spoke:
“So far, Su Bai has basically violated laws and regulations in court trials, and if he is caught, it will have serious consequences.”
The procuratorial department already had some problems with the court. At this time, throwing the issue to the procuratorial department would undoubtedly be the best outcome for them.
“Neither can affect the outcome of our verdict.”
“Even on the other hand, the traffic will backfire on Zhang Hongtao’s attorney.”
Seeing the opportunity, Xiao Shan quickly spoke:
“President Guan, my opinion is that our High Court will certainly not be able to uphold the first-instance judgment in this case.”
ˆXiao Shan quickly spoke:
“This is the kind of person who cares about you.”
"Doing this will obviously benefit us without any harm. It will not cause any other bad effects, nor will it affect the final judgment. This method is good. This case will be handled as you said!"
"Firstly, we can have an explanation to our superiors, and secondly, we can avoid the impact of Zhang Hongtao's entrusted lawyer. If we follow legal and compliant procedures and put aside our own problems, we won't be able to find him when the time comes. On our heads."
This is something Guan Yuandong cannot afford.
“If we really have substantial evidence to prove Zhang Hongtao’s guilt, no matter who his client is.”
Guan Yuandong raised his head and looked at Xiao Shan: "Then what do you think we should do?"
In fact, part of the purpose is to help himself.
“As for the prosecutorial department...it’s not just once or twice that they have objections to the court. It doesn’t matter if it happens more than once. Let them continue to have objections.”
“Anyway, it won’t have much impact on me. If things go wrong, I can just push the matter to the prosecutorial department, which also eliminates responsibility.”
Thinking of this, the smile on Xiao Shan's face became a little heavier.
.
….
On the other side, in Bai Jun Law Firm, Su Bai also received notification from the Provincial High Court about the progress of this case.
The Provincial High Court informed that this case has been accepted and investigated by the Provincial High Court.
But currently, the Provincial High Court believes that there are certain omissions in the evidence and criminal facts of this case.
Therefore...there will be no trial for the time being, but the prosecution will continue to review Zhang Hongtao's criminal behavior.
Su Bai never expected this approach of the court.
On the sidelines, Li Xuezhen obviously didn’t understand this approach and said in confusion:
“Lawyer Su... This case is a very simple one. All the criminal links and the confession facts are very clear so far.”
“Why do you still have to ask the prosecution department to continue to add corresponding evidence?”
“In this case, it would be enough for the court to directly declare an acquittal verdict. After all, there is nothing else to add in every aspect.”
“If you want to add something, unless Zhang Hongtao is asked to change his confession, but Zhang Hongtao has stated the facts very clearly, should Zhang Hongtao still be asked to admit that he has committed a violation of the law?”
“This is completely unreasonable!”
“Is the Provincial High Court doing this to delay the trial, or is it to specifically punish Zhang Hongtao and let the procuratorate continue the “investigation”?”
Su Bai smiled at Li Xuezhen's question.
In this case, it is completely unreasonable for the procuratorate to conduct a supplementary investigation into Zhang Hongtao’s criminal behavior.
But from another perspective, behind every unreasonable situation, there is a potential reason that cannot be rejected.
In fact, the questions asked by Li Xuezhen all have certain truths.
but!
These are not the reasons why the Provincial High Court asked the Procuratorate to continue the investigation. Why do you say that?
Because the necessary evidence, the necessary criminal facts, and the necessary confessions are already available.
Let the prosecutorial department make supplements. What else should be added?
There is nothing to add at all!
So this approach taken by the Provincial High Court is obviously unreasonable and does not conform to normal logic.
The reason why he cannot refuse is very obvious, that is, there must be someone in the High Court who wants to convict Zhang Hongtao, but they dare not express it directly.
Because he, a nationally renowned lawyer, is entrusted here, if he is really afraid that Zhang Hongtao is guilty, the court also knows that when the verdict comes out, he will definitely not be able to escape scrutiny.
At that point... your **** is on fire and you will be in big trouble.
But if they reject the first-instance judgment, there is no good explanation for the above or the first-instance court.
So the only option is to temporarily reject the case and let the prosecutorial department make a supplement.
If the prosecutorial department can make this supplement, then it will decide how to impose the sentence.
However, if the prosecutorial department cannot make this supplement, it is not the responsibility of the court.
What is this equivalent to?
This is equivalent to asking the supervisory department to bear the pressure from above.
I want the prosecutorial department to take the blame.
Su Bai said: "This action of the Provincial High Court is to avoid its own responsibilities."
“Send this case back to the prosecutorial department for review. No matter what the final verdict is, the court cannot be blamed.”
“But having said that...if the people behind this case were just provincial representatives, they might not have such a big impact on the court and prosecutorial department.”
“There must be important and complicated relationships among them.”
“This case is probably a relatively troublesome one.”
Hearing the complicated relationship, Li Xuezhen’s eyes lit up.
What does the complex relationship mean?
The complicated relationship shows that after the case is over, many people will be sent in!
How beautiful it is!
Li Xuezhen’s mood was reflected on her face. Seeing Li Xuezhen’s expression, Su Bai smiled and said:
“This case...so far we are not quite sure what the verdict of the second instance will be.”
“If the prosecutorial department thinks that there is insufficient evidence in this case and withdraws the case, it will not involve so many people and relationships.”
“So in the end, we may not be able to send many people in.”
Hearing this, Xiao Li's eyes dimmed instantly. If this was really the case, wouldn't it be a lot less fun?
But then Li Xuezhen took a long breath and adjusted her state. If the prosecution department really dropped the case.
Then this case was settled quickly and the client’s litigation request was completed.
It’s also a good result!
Now, we just have to wait for the prosecution department’s follow-up investigation results on this case!
No matter which result it is, it is a good result for her.
But... Li Xuezhen suddenly had an image in Li Xuezhen's mind of how the prosecutorial department would have a headache how to handle this case.
The court directly passed the blame for this case to the prosecutorial department.
Then it is the responsibility of the prosecutorial department.
The prosecutorial department’s views and how to resolve this case are also important issues.
“It’s probably going to be a headache.”
Li Xuezhen thought silently in her heart.
In fact, the court asked the prosecution department to supplement relevant evidence, which really caused a headache for the prosecution department.
Because based on the current situation, there is no other evidence to add.
The evidence that needs to be supplemented has been added, what else should be added?
Additional hard facts?
But there are no hard facts in this case.
How to add? Void fabrication?
Fabrication in vain means forging false evidence. Forging false evidence is a very serious situation.
To be honest... no one dares to take such a big risk. After all, the court has taken into account Su Bai's influence, and the prosecutorial department must also take this into consideration.
No one would falsify evidence despite huge risks.
“The people in this court department are really incompetent! They just handed the problem over to us!”
In the prosecutorial department, some people complained.
But if the problem is handed over to them, they need to solve it. After all, the current pressure is still very high.
In the office of the director of the prosecution department, Qin Xiao, who was in charge of this case, called the leader of the prosecution team over.
“Currently regarding Zhang Hongtao’s case, the court has thrown the issue to us.”
“We are under tremendous pressure here. What do you think of Zhang Hongtao’s case?”
Hearing Qin Xiao’s inquiry, the team leader in charge of the case said bluntly:
“This case is now very clear, and Zhang Hongtao is in a range where he may or may not be sentenced.”
“In this case, Zhang Hongtao can be found guilty, and Zhang Hongtao can also be found not guilty.”
“The court did not dare to impose a verdict because it was worried that Zhang Hongtao’s attorney would make the matter bigger, which caused a certain reversal.”
“The court asked us to add evidence, and the most we could do was add a confession.”
“It’s easy to make a confession...just find some of Zhang Hongtao’s friends and ask them to persuade Zhang Hongtao to plead guilty.”
“There is no point in remaining in a stalemate... I think Zhang Hongtao will not be able to escape the punishment in this case.”
“But what if Zhang Hongtao does not plead guilty?”
Faced with Qin Xiao's question, the team leader answered very clearly and neatly.
“If you don’t plead guilty, it’s easy to solve.”
“Zhang Hongtao was only sentenced to six months. If he does not agree to plead guilty, we will imprison him for one year on the grounds that we are supplementing the investigation evidence!”
“He should be very clear in his heart about which one is more important!”
“He also knows that what we do can completely comply with legal provisions and legal procedures.”
"Zhang Hongtao should know very clearly whether it is better to plead guilty or not, and whether it is better to plead guilty or not to plead guilty. Don't worry, he will definitely plead guilty!"
Hearing this answer, Qin Xiao nodded with satisfaction:
“Okay, then do as you say.”
When the team leader left the office, Qin Xiao took a long breath.
Originally, he thought this was a big problem...but now it seems that this matter has been solved.
Only sentenced to six months in prison. If he disagrees, he will be imprisoned for one year.
This should...no one would disagree, right?
…..
PS: Please give me a monthly ticket~
(End of this chapter)
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