You became a lawyer and sent the judge in?

When Mo Xiao faced Su Bai's statement and questioning, his mood fluctuated slightly.

but

The adjustment was completed quickly.

Quietly staring at the presiding judge's seat.

As a public prosecutor, he certainly knows that the judgment of this case and the crime of provoking trouble is generally determined by the preference of the presiding judge.

Between judgment and no judgment.

He needs to remain vigilant against the other party's way of disrupting his thinking.

At least, you can't jump into a big pit.

In the seat of the presiding judge.

After listening to Su Bai's statement, Bai An frowned slightly, then nodded silently.

Then, he looked at the defendant's seat and the prosecutor's seat.

"Now let the prosecutor state your side of the story."

"Good judge."

Mo Xiao nodded slightly, then sorted out the materials in front of him and said:

"Based on the parties' representations."

"We made a brief summary."

"First, the point expressed by the litigants is that the party involved, Zhang Laidong, did not use force."

"but!"

"The concept of charging is valid, right?"

"Can the litigant produce actual evidence to prove that the party involved, Zhang Laidong, did not force him to do anything?"

"Based on the statements made by the litigants."

"Currently, the litigant can only prove that the party Zhang Laidong collected fees, and only some people did not ask for them. However, according to the investigation and Zhang Laidong's account books and records, Zhang Laidong charged about 30,000 yuan for crossing the bridge."

"Thirty thousand yuan is based on two yuan per person per time."

"Nearly fifteen thousand people."

“The evidence provided by the litigant is only the investigation results of a few or dozens of people, which is not enough to expand its scope of application.”

"Let's talk again."

"According to the statement of the litigant's lawyer, the fee collected does not account for one-third of the construction cost, but it is also profitable. This statement cannot be a factual basis to defend Zhang Laidong's innocence."

"As for what the lawyer of the litigating party stated, it is an infringement of the rights of others in the legal sense."

"This point should be judged based on facts."

"The law will not wrong a good person, nor will it fail to punish a bad person."

"I hope the litigants' lawyers can defend the case from the perspective of legal factual basis."

"Presiding judge, the prosecution has finished its statement."

After Mo Xiao finished his statement, he looked up at the presiding judge's seat and smiled.

Put a big hat on me?

Okay, okay, you come and buckle, I let you buckle!

Those who criticize others must clearly state the factual basis!

If you can't explain it clearly, you still have to be sentenced. Even if you blame it all on me, you still have to be sentenced!

hiss.

Facing Mo Xiao's statement, Su Bai took a long breath.

It seems!

Mo Xiao, as the prosecutor's lawyer during the first trial, had studied the Zhang Laidong case very well!

but.…

What kind of legal justice are you talking to me about...?

Mo Xiao's statement actually expressed a point of view!

It’s still that important question.

Why is it determined that Zhang Laidong is not insisting? Can he provide direct evidence to prove this point of view?

and.

Mo Xiao went through the previous answer.

He also denied Su Bai’s statement just now——

There is no factual basis that can accurately prove that Zhang Laidong did not insist on anything.

The key is to be "accurate".

How to say.

It's indeed a bit tricky.

Of course, Mo Xiao also couldn't come up with the "accurate" basis for the forced demand. The tangled point between the two sides still lies in this aspect!

In the seat of the presiding judge.

The presiding judge Bai An sorted out the opinions of both parties and the factual evidence submitted.

Frowning slightly.

Boom, boom, boom!

The gavel was struck!

"The two sides now have different opinions on whether Zhang Laidong took the case by force."

"So, for the rest."

"For example, do you have any objection to Zhang Laidong's illegal construction of the bridge, private toll collection, and free payment to needy groups, as well as the lawsuit's statement that Li took the initiative to return the bridge funds?"

The evidence is conclusive, who dares to object?

Su Bai: "We have no objection."

Mo Xiao: "We have no objection."

Boom, boom, boom!

"Neither the litigants nor the prosecutors have objections to the issues raised by the court."

"Litigation party, do you have anything else to say regarding the client Zhang Laidong's private charges?"

"There is a presiding judge."

"Then make your statement."

"Good judge."

Su Bai simply sorted out the materials, looked at the prosecutor's seat, and said slowly: "I would like to ask the prosecutor a question."

Boom!

"Does the prosecutor agree to ask?"

"agree."

"Litigants can ask questions."

"Okay, presiding judge."

Su Bai raised the corner of his mouth slightly and asked:

"I would like to ask the prosecutor, Zhang Laidong's private construction of the bridge is indeed illegal, but the prosecutor believes that the subjective purpose of building the bridge against Zhang Laidong is to make a profit, or is it to facilitate the villagers and recover his own costs?"

"The evidence shows that it's now for profit."

Mo Xiao opened his mouth to reply.

Su Bai continued to speak:

"I would like to ask the prosecutor, after building this bridge, will it be easier for the villagers to pass?"

Facing Su Bai's question, a trace of doubt appeared on Mo Xiao's face. How should I put this question? Isn't it obvious?

"According to relevant surveys, the bridge built by Zhang Laidong has indeed provided convenience for villagers to pass."

"Okay, thank you to the prosecutor for your cooperation."

After Su Bai finished asking, he continued to state:

"According to the prosecutor's answer, this bridge does provide certain convenience for the villagers' passage."

"On the other hand."

"If there was no bridge, would the villagers still be charged?"

"Why are the villagers willing to pay the toll to walk on this bridge?"

"The reason why they are willing to pay two yuan in tolls when they walk on this bridge is because they think it is worth the two yuan each time to cross the bridge. If it is not worth it, they don't have to take the bridge at all, and naturally they don't have to pay the toll."

"Did Zhang Laidong force others to walk on this bridge?"

"If there is such a reason, we believe that there is no problem with Zhang Laidong being sentenced! And the prosecutor can definitely file a lawsuit for extortion!"

"However, the key point is that Zhang Laidong did not force others to walk on this bridge, and there was no violation of others' wishes. From the perspective of Zhang Laidong and the public, this bridge was built by Zhang Laidong, and he had a certain amount of investment. cost."

"According to his subjective wishes, there is no compulsion to charge a fee, nor is there any compulsion to let others cross the bridge. It is all based on the principle of voluntariness. How can there be such a situation of force?!"

"As for what the prosecutor is charging."

"The toll for this bridge is 30,000 yuan, and the number of passengers can reach 15,000. We have no evidence to prove that these people were not taken by force."

"But at the same time, the prosecution was also unable to provide factual evidence that these people were taken by force."

"in other words."

"Some people may be dissatisfied with the tolls for crossing the bridge in their hearts, but our client Zhang Laidong has not enforced it. There is no compulsion to find the other party to charge. If you are willing to cross here, you can cross here. If you don't want to, there is no force. You don’t need to walk from this bridge.”

"So what's the purpose of them paying to cross here?"

"Why do you have to pay to cross this bridge if you don't want to?"

"Doesn't this mean that we subjectively agree with Zhang Laidong's view of charging for bridge construction?"

"We believe that Zhang Laidong has no legal awareness regarding the matter of private charging. There is no criminal behavior subjectively, and there is no disruptive social order objectively. Our behavior should not be charged with provoking trouble."

"Presiding Judge, we have finished our statement."

After Su Bai finished his statement, he looked at Bai An at the presiding judge's seat.

To put it bluntly, the practice of charging is indeed unreasonable in the legal sense.

But you cannot be convicted of provoking trouble!

Don't blame everything on this crime.

After listening to Su Bai's description, Bai An nodded slightly, but according to the evidence provided by the prosecutor,

This matter is really difficult to judge.

Boom, boom, boom!

Bai An banged the gavel.

"The collegial panel has already understood all the opinions of the litigants and prosecutors. Does the prosecutor have anything to add?"

Mo Xiao looked through the materials.

"Presiding Judge, we have nothing to add."

Boom, boom, boom!

"After both parties have finished their presentations, there is nothing to add. According to the focus issues of both parties, the collegial panel needs to conduct further discussions."

Boom, boom, boom!

"We are now entering the adjournment stage, and the trial will resume in an hour!"

With the departure of the collegial panel members, the trial entered an adjournment stage.

.

….…

adjournment stage.

Su Bai, who was sitting at the litigant's seat, and Mo Xiao, who was sitting at the prosecutor's seat and was the sued party, looked at each other for a moment.

Neither of them spoke, but they were competing in secret.

Li Xuezhen on the side rubbed her eyes. He had stared at Mo Xiao for so long, and his eyes were a little sore.

"call.…."

After taking a small breath, Li Xuezhen turned around and asked Su Bai.

"Lawyer Su..."

"I feel like this trial... won't be easy..."

Su Bai nodded slightly.

"This trial is indeed not an easy one. However, judging from the current situation, the presiding judge's preference has not yet been determined."

"Now that we are in the adjournment stage, we don't know much about the specifics."

"Let's wait until the trial begins!"

"profound."

"Okay Lawyer Su."

Li Xuezhen nodded seriously, rubbed her eyes, and continued to stare...

.

….….

At the same time, in the live broadcast room outside the court hearing.

In response to this case, heated discussions also broke out.

Some people believe that this matter should indeed be punished because it was an illegal bridge construction after all.

Most people did not deny this matter, but more people believed that this matter should face administrative penalties.

Rather than...to be sentenced for the criminal offense of picking quarrels and provoking trouble.

Generally speaking, the comments in the live broadcast room are quite reasonable.

The comment area of ​​the live broadcast room is also asking Luo Daxiang for his views on this case.

Regarding the focus of constant disputes between the two parties, Luo Daxiang also expressed his own views:

"Um!"

"What everyone said makes sense. In the first-instance judgment of this case, the main factor in the judgment was coercion."

"This is also the point discussed by the litigants and prosecutors."

"Whether Zhang Laidong is demanding it by force?"

"But neither side has shown that there is sufficient factual basis."

"However... the litigant performed slightly better than the prosecutor in terms of stated concepts."

"I can't tell what the verdict will be in this case. The specific situation may have to wait until the trial begins and be determined based on the opinions of the presiding judge."

Luo Daxiang continued to smile and said: "Let's wait and see. After the adjournment is over, there will most likely be a result on whether Zhang Laidong will be sentenced for provoking trouble!"

.

….…

Collegiate court, discussion room.

The three members of the collegial panel, Wang Zhihua, Bai An, and Xiao Jun, sat on the sofa and discussed the judgment of this case.

"Tell me what you two think."

"This case is indeed a bit complicated. Neither side can produce enough evidence. In terms of preference, I am a little biased, but I still need to listen to your opinions."

Bai An glanced at the two of them.

The two were silent for a few seconds, and then Wang Zhihua said:

"As for this case... I have seen the first-instance judgment. When I saw the first-instance judgment, I didn't think there was any big problem."

"But..."

"The key lies in the litigant's lawyer, Su Bai."

"There are no big problems with the defense opinions he stated, and this explanation is also very reasonable in view of the forced demands."

"Subjectively speaking... I am partial to the defense opinion of Su Bai, the litigant."

"After all...theoretically speaking, the prosecutor cannot produce substantive evidence to prosecute."

"Since the prosecutor cannot produce substantive evidence to accuse, the litigant has a very strong defense opinion."

"Then this case cannot be judged as provoking quarrels and provoking trouble according to the first-instance litigation judgment."

"Um!"

After listening to Wang Zhihua's words, Bai An nodded.

Then he looked at Xiao Jun: "Where is your opinion? You can tell me."

Xiao Jun and Wang Zhihua have somewhat different opinions.

Xiao Jun said: "I prefer the prosecutor's side."

"I'm not saying that I am biased towards the prosecution. I can only say that if I look at the issue from a neutral perspective, I think there is nothing wrong with the fact that not everyone is willing to take out the money."

"But according to the litigant, you don't have to cross the bridge voluntarily. This..."

"It also makes sense."

"I won't say much more about the rest. Let's see what you think, presiding judge."

Both adjudicators presented their respective opinions.

After listening to their respective statements, Bai An nodded slightly and continued:

"You two have no objection to the fact that the prosecution does not have enough evidence to prove that Zhang Laidong took it by force?"

"no comment."

They both spoke at the same time.

After hearing what the two said, Bai An smiled and nodded: "If you have no objections, let's wait until the court session."

"After listening to their statements, we will judge the case."

"OK.…"

"Can.…"

Neither of them had much opinion on Bai An's decision.

PS: Please vote for me~