You became a lawyer and sent the judge in?

Chapter 168 Fierce defense, not guilty?What are you thinking? !
The trial begins.

All parties are seated.

In the defendant's seat, Qian Wei quietly watched Su Bai in the accuser's seat.

to be frank!
He really can't figure it out...
He used to make judgments like this before, and there was nothing wrong with it, but now it’s okay to judge like this? !
Although he is now being prosecuted, Qian Wei still believes that he will not have any major problems.

And his own defense lawyer is not an ordinary defense lawyer.

Qian Wei still believed in Liu Jun's hard power.

As far as he knew, there were many judges and assistants who had accidents.

At the first moment, I would think of entrusting Liu Jun to represent the lawsuit, and most of them could not be found not guilty.

At least one or two years of imprisonment can be reduced, or even a misdemeanor, and a suspended sentence is also possible.

Qian Wei had already chatted with Liu Jun before.

Liu Jun believes that there is no problem in pleading not guilty in this lawsuit.

But at the same time.

Private attorney fees are also very high.

But it's all worth it...

Qian Wei muttered silently in his heart.

Su Bai noticed Qian Wei's gaze.

Naturally, he knew what the other party was thinking. Qian Wei was thinking about today's court trial. Surely he would not be found guilty?
Actually.

When filing the case and prosecuting, the procuratorate and the court tended to rule that Qian Wei was negligent in his duty and perverted the law, otherwise, he would not have prosecuted.

but.…

The breakthrough evidence that the review department said... is the most critical.

Qian Wei wanted to win the trial with a court defense, so as to achieve the goal of innocence.

He was sitting in the court hearing today, and Qian Wei would definitely not be able to run away after eating a big pot of food.

It's just a matter of how many years.

As for innocence?Don't even think about it.
.
 …
After the clerk read out the court discipline, the presiding judge entered the court.

Three members of the collegiate panel walked into the courtroom.

dong dong!

"please sit down!"

"Now for court!"

The presiding judge Ren Yuandong rang the gavel, looked around the specific situation of the trial scene, and spoke slowly.

Swish swish.

All members sit down.

The presiding judge Ren Yuandong continued:
"This case was designated by the High Court to be transferred to this court for trial, and this court has jurisdiction over the case."

"The next step is to verify the identities of those who appear in court."

Verification of the identity of persons present in court is simple and quick.

As for the public prosecutor, besides Guan Tong, there is another matching public prosecutor named Lin Feng.

Liu Jun's assistant is named Zhang Feng.

After verifying the information of the trial personnel.

The presiding judge Ren Yuandong scanned the litigation materials and said:
"This case is heard by the Chang City Intermediate Court. The members of the collegial panel are: Chief Judge Ren Yuandong, judge Yin Wenhui, and judge Tang Lin."

"The cause of the case:"

"Qian Wei, the defendant, as the presiding judge, did not exercise the correct rights of the law and seriously violated the facts in the judgment. The behavior of the law has seriously affected the parties."

"Being prosecuted for this."

"The prosecution, is the case true?"

"Judge, it's true."

Read out the case.

Boom boom boom!
Ren Yuandong struck the gavel:
"The grounds of the case are true. Next, I would like the prosecution to state the application or legal basis for Qian Wei's illegal and criminal acts."

"Good judge."

Guan Tong, the person in charge of the prosecution, nodded seriously.

He took a few sheets of materials from Lin Feng, put them on the table, and made a presentation.

"Through the report and investigation of Zhang Dahu's case, the prosecution found that...
As the presiding judge at the time, Qian Wei's judgment on this case was seriously divorced from reality, causing serious factual consequences. "

"violates the basic definition of the law."

"The judgment was not based on the principle of who claims to produce evidence in the Civil Procedure Law, which deviated from the content of the law."

"The wrong application of the law has a strong personal subjectivity in the judgment, does not follow the legal facts, does not follow the evidence, and has caused serious harm to the credibility of the judiciary."

"Therefore, the prosecution filed a public prosecution against Qian Wei and determined that he violated Article 399 of the crime of dereliction of duty in the criminal regulations."

"Civil and administrative crimes of perverting the law."

"According to the provisions of Article 399, the crime of violating the law in civil and administrative adjudication: in civil and administrative adjudication activities, deliberately violating the facts and legal basis for adjudication, if the circumstances are serious, a sentence of fixed-term imprisonment of not more than five years or criminal detention, if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years."

"The prosecution believes that according to Qian Wei's wrongful judgment, the circumstances are serious, and the proposed sentence is three years in prison."

Guan Tong turned a page of the litigation materials and looked up at the presiding judge's seat.

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

dong dong!

The gavel sounded.

After listening to the prosecutor's opinion, Ren Yuandong set his sights on the defendant's seat.

As the public prosecutor, the prosecution has the right to recommend sentencing for the accused criminals.

But whether to adopt it is the intention of the collegial panel and the presiding judge, and the prosecution's accusation is only a basis.

Ren Yuandong said: "The prosecution statement is over."

"The defendant is now invited to state the application and the legal facts on which it is based."

"Good judge."

Liu Jun nodded lightly.

As a litigator who is proficient in crimes of duty crimes and malfeasance.

I have seen many litigation applications from the public prosecutor, and they are not much different on the whole.

He has full confidence in this lawsuit and Qian Wei's defense of innocence.

Basically, there will be no big problems, and it is impossible to have any big problems.

Facing the question from the presiding judge Ren Yuandong.

Liu Jun said slowly: "Judge, we do not agree with the prosecution's statement, and I think our client, Qian Wei, is not guilty."

"Our litigation application and factual basis are as follows."

"One: According to the definition of the crime of misuse of law:"

"(1) The manifestations are: acts that violate the facts and laws in civil affairs."

"(2) The object is: affecting the normal trial activities of the judicial department."

"In 06, the Supreme Prosecutor's Office issued and implemented clear standards for filing a case of violating the law:"

"(1) Wrongly adjudicating the law, causing the latter's close relatives to commit suicide, causing serious injury, death, or mental disorder due to self-mutilation."

"(2) The direct economic loss of personal property is more than 10 yuan, or the direct economic loss is less than 10 yuan, but the indirect economic loss is more than 50 yuan."

"(3) It is aimed at enterprises and organizations, causing direct economic losses of legal persons or other organizations of more than 20 yuan, direct economic losses of less than 20 yuan, and indirect economic losses of more than 100 million yuan."

"(4) Forging and altering relevant materials and evidence to create unjust, false or wrongly decided cases."

"(5) Colluding with the parties to produce perjury, destroy evidence or tamper with court records."

"(6) Favoring personal interests and self-interest, knowingly admissible evidence that has been falsified, or deliberately refusing to admissible evidence that should be admissible, or deliberately violating legal procedures, using wrong laws and regulations, and making judgments that pervert the law."

"With regard to the main elements, there is nothing to be stated. This case constitutes the standard of the main elements."

"However, with regard to the subjective elements of this crime, it is judged that Qian Wei has committed a crime of perverting the law. Qian Wei must make the judgment intentionally before he can be judged as perverting the law.

That is to say, knowing that one's own behavior violated the facts and the law is a perverted judgment, but still does it. If it is negligent, it cannot constitute this crime, and it is defined as the crime of dereliction of duty in the crime of dereliction of duty. "

"In accordance with the evidence presented by the prosecution and the charges against our client."

"There are two points to follow, namely (2) and (6) causing economic losses of [-] yuan of personal property, and applying wrong laws and regulations."

"but.…."

"First of all, there is one point, that is, when the facts are not clear, Qian Wei's judgment has not received any clear evidence to prove that his judgment was wrong.

I would like to ask the prosecution, is it unreasonable to use (2) and (6) to judge our party, Qian Wei, for his wrongful judgment? "

"As stated by the prosecution."

"A judgment without sufficient evidence violates the interests of fairness and justice of the law. Does the prosecution's accusation against us also violate the legal rights of our client and violate the interests of fairness and justice of the law?"

"According to the high probability, if neither party has sufficient evidence, the presiding judge can make a judgment based on the objectivity of the factual conditions."

"Our side may have a certain misunderstanding of the objectivity of the facts, but there is no problem with the laws and regulations we follow, so it does not constitute the subjective element of the wrongful ruling."

"Presiding judge, the above is our statement of defense, and we apply to adjudicate Qian Wei not guilty."

Liu Jun clearly stated the lawsuit application word by word.

Facing Liu Jun's lawsuit application, Guan Tong frowned slightly, but he didn't pay much attention to it. Although the other party's plea was well-founded, there were still certain problems.

Judgment table, the presiding judge's seat.

dong dong!

Ring the gavel.

"Does the accuser have anything to add...?"

Ren Yuandong looked at Su Bai's position and asked.

"There are presiding judges."

Su Bai nodded.

Liu Jun's statement is very complete, it can be said that he has stated all the conditions for violating the law in adjudicating.

And refuted the content of the prosecution's allegations one by one.

Without knowing the facts, it is determined that the prosecution against Qian Wei does not have sufficient evidence, and it is a violation of Qian Wei's legal rights?

It seems reasonable.

But it's actually all fart!

Why do you say that?

Because the other party is confusing concepts.

First of all, the content submitted by the prosecution is actually saying that Qian Wei did not make a judgment based on the principle of who claims and who produces evidence.

And he went to make a judgment without evidence, and punished Zhang Dahu with a fine of 40 yuan.

Liu Jun did not mention a tendency of evidence against Qian Wei.

It is completely defended from other aspects.

In fact, in this trial, there are other more critical evidences, but the prosecution did not express them in the lawsuit application.

That is... In Zhang Dahu's case of first instance, among the members of the collegial panel's judgment intention, this matter was led by Qian Wei.

And the other two members of the collegiate panel raised the point that whoever advocates who should provide evidence, and there is insufficient evidence, but Qian Wei denied it.

Why deny it?
Of course, there is one more important piece of evidence.

According to the investigation of the supervisory department, Qian Wei and Chen Meixia's third son had a call record on the eve of the trial, and also had a call record after the trial.

This is one of the main reasons why the prosecution filed a public prosecution!

The prosecution did not raise this point in the lawsuit application because it was not necessary to raise this point in the first lawsuit application.

And Liu Jun did not mention this point because he deliberately did not mention this point.

Because he knew that this was very detrimental to the party involved, Qian Wei.

Simultaneously.

This is an important condition for judging subjectivity.
.
....
After clarifying his thoughts, Su Bai began to make a statement:

"The presiding judge has applied for dismissal of the lawsuit filed by the defendant."

"First of all, the definition and constitutional conditions of the crime of civil and administrative misconduct, as well as the subjective and objective situations proposed by the lawyer entrusted by the defendant are very detailed, so I will not continue the statement here."

"According to (2) (6)"

"From the defendant's point of view, Qian Wei is indeed not a crime of perverting the law, but the defendant has a very confusing point."

"The defendant entrusted the attorney to claim that Zhang Dahu's case cannot be proved, and Zhang Dahu acted bravely to supplement the lack of evidence."

"From then on, we will maintain the correctness of Qian Wei's judgment."

"However, the attorney appointed by the defendant ignored a very important point, that is, Qian Wei could not decide that Chen Meixia won the lawsuit on the basis of sufficient evidence."

"Since there are no sufficient facts and evidence, why did Qian Wei decide that Chen Meixia won the lawsuit? What was he based on?"

"During the trial, Zhang Dahu's side especially emphasized that whoever advocates should provide evidence, and the other two judges also pointed out that whoever advocates should provide evidence and that there is not enough evidence to prove that Zhang Dahu committed a crime.

Why didn't Qian Wei adopt it, and still judged that Zhang Dahu needs to pay civil liability? "

"What is the reason why Qian Wei did not adopt it? Why did he not adopt this point of view, but adopted the civil proof rule of high probability?"

"The civil proof rule of high probability means that based on the result of the court's review and judgment on the evidence proving the fact to be proved, combined with other relevant facts, it believes that the existence of the fact to be proved is highly likely, that is, it should be judged in accordance with the law. identified."

"In Zhang Dahu's civil lawsuit, neither party has sufficient evidence to provide evidence. According to Qian Wei's point of view, the party with relatively sufficient evidence should be adopted.

However, the high probability also clearly shows that it is judged on the evidence of the fact and combined with other relevant facts, it is believed that there is a high degree of possibility.

Is it reasonable to judge a case from the perspective of life experience and social rationality with a high degree of probability combined with other relevant facts when the evidence is not confirmed and confirmed, but only with a confession? "

"In Zhang Dahu's case, the plaintiff Chen Meixia has a statement, and the defendant Zhang Dahu also has a statement. Under the statutory determination, the statement is combined with the actual situation."

"Chen Meixia's initial statement was that Zhang Dahu bumped into her from behind, and she saw Zhang Dahu's face."

"But Zhang Dahu bumped into Chen Meixia from behind. As an old man in her 70s, Chen Meixia could react quickly and see Zhang Dahu's face?"

"Based on the analysis of life experience and social rationality, can everyone present feel that Chen Meixia, an old man in her 70s, saw Zhang Dahu's face after she was knocked down from the front?"

"An old man, with limited mobility, was knocked down by a young and strong man, and even caused a coma. Can he see the other person's face clearly?"

"Does not.…."

"So Qian Wei judged it based on his life experience. What is it?"

"This is from a personal subjective point of view, using the principle of high probability in the law to deliberately judge and create unjust, false and wrongly decided cases."

"This kind of behavior completely uses the law as a means to promote their own interests, completely puts the right to interpret the law in their own hands, and completely tramples on the dignity of the law!"

"As a party involved, Qian Wei knows best what the judgment criteria are in his heart. Does he deserve to be respected by the law?"

"Why did he use a high degree of probability to judge this case, instead of using the principle of who claims and who provides evidence stipulated in the Civil Procedure Law to judge this case?"

"Based on the above factors, we believe that the application for innocence defense entrusted by the defendant should be rejected."

"Judge, we have finished our statement."

After Su Bai finished his statement, Liu Jun frowned slightly at the seat entrusted by the defendant.

Other people at the trial site also fell into silence.

Especially Qian Wei.

Regarding what Su Bai said, Qian Wei, as the person involved, understood what it meant best.

High probability as a rule of proof in civil proceedings.

It does work when there is insufficient evidence.  …

Su Bai's words revealed his idea of ​​adjudicating a civil lawsuit.

PS: Ask for a monthly pass~

(End of this chapter)