You became a lawyer and sent the judge in?

Chapter 170 Judgment!WRONG APPLICATION OF LAW!

On the bench seat.

Ren Yuandong understands that the main content of this trial is to send the former presiding judge in.

But he can't judge blindly, and he can't make judgments that are not based on legal and factual basis.

Otherwise, today's Qian Wei will be another day's him.

Even criminal wrongful judgments are more serious than civil ones.

However...according to the current trial situation, Qian Wei's crime of perverting the law.

how to say.….
The prosecution and the prosecution have a certain advantage, and I don't know how the defendant will use the legal regulations to solve it later.

Ren Yuandong sorted out the contents of the three parties' statements and defenses.

After tidying up, he slightly turned his head to look at the defendant's seat.

dong dong!

"Now we will simply sort out and summarize the defense proceedings of all parties in the trial."

"Regarding Qian Wei's crime of perverting the law, is the finding of all parties related to the accusation and rebuttal of Qian Wei's intentional use of wrong laws and regulations, which led to a serious wrongful judgment in the case, and caused huge impact and losses on the parties?"

"Do all parties have any objections to this point?"

Guan Tong: "No objection."

Liu Jun: "No objection."

Su Bai raised his hand: "Judge, we have no objection to this fact, but we want to add one thing."

"The prosecution, please state."

"Good judge."

"According to the evidence submitted by the prosecution, there is a certain subjective tendency in the conversation with Chen Meixia's close relatives before and after Qian Wei's trial."

"I hope the Fitted House will take that into consideration."

dong dong!

"For this point, the collegial panel has already understood, are there any other questions and content?"

"No more, Judge."

"Ok."

dong dong!

Ren Yuandong sounded the gavel and began to question Qian Wei:

"Qian Wei, when you judged Zhang Dahu's case, two other members of the collegial panel proposed that if Zhang Dahu lost the case, there would be insufficient evidence.

And when the members of the collegial panel put forward who claims in the civil procedure law and who proves, why do they insist on using the highly probabilistic law...? "

Qian Wei sat on the defendant's seat.

Facing the seat on the trial table, he hesitated for a few seconds.

As a former presiding judge, when faced with this kind of question, Qian Wei obviously knew the purpose of Ren Yuandong's questioning.

thought for a while.

Qian Weicai spoke slowly:
"Because according to my judgment, Zhang Dahu's evidence is obviously not as sufficient as Chen Meixia's, so I chose to use the civil proof rule with a high degree of probability."

"What is your basis?"

"My basis is Zhang Dahu's performance, and Zhang Dahu's lawyer client did not fully state the facts and the basis for my judgment during the court trial."

Su Bai:? ? ?
Don't you know whether you have stated it or not?

Just be stubborn, right?
Su Bai didn't speak, and continued to listen to the presiding judge questioning Qian Wei.

"Then why did you ignore the loophole in Chen Meixia's mouth...that is, an old man in his 70s was knocked down from behind by someone and became unconscious. It is impossible to see the face of the person who hit him clearly. this matter?"

"Regarding this matter, what factors did you consider at the time?"

"The reason I considered is...Chen Meixia is over 70 years old, and her memory may not be very good. Maybe she was nervous and said something wrong in the trial... This caused the reason. Today, Chen Meixia appeared in court as a witness today trial, the presiding judge may conduct further inquiries."

Hearing Qian Wei's words, Ren Yuandong set his sights on Chen Meixia who was sitting in the witness seat.

Chen Meixia's appearance in court as a witness is indeed a bit outrageous, after all, it involves a principle of avoidance.

I don't know how the Changshi Intermediate People's Court considered it, but the prosecution didn't have anything to say, so Su Bai didn't take the initiative to evade the principle.

Ren Yuandong looked at Chen Meixia in the witness seat and asked:
"Chen Meixia, as the person concerned, can you confirm that your previous statement is true?"

Chen Meixia knew that what she said at this time would be beneficial to Qian Wei, so she spoke slowly:
"Judge, I'm old, and sometimes I can't remember when I said the right thing and when I said the wrong thing..."

"I can't remember, I can't remember..."

Chen Meixia waved her hands again and again, then looked at her two sons beside her and said:

"Presiding judge, if you don't believe me, you can ask my two sons. They also know that I am old, and sometimes I forget what I say."

"That's right, that's right, my mother just forgets what she said sometimes, and after she finishes speaking, she can't remember what she said."

"Yes, I can confirm that."

Li Zhuang and Li Jun nodded quickly.

At this time, Su Bai raised his hand to signal.

dong dong!

Ren Yuandong sounded the gavel and signaled Su Bai to speak, "Is there anything the accuser needs to add?"

Su Bai said: "Chen Meixia, the person involved in the case, said that her memory has faded, so why can she remember Zhang Dahu bumping into you?"

"The other thing is, does the person involved, Chen Meixia, remember what happened in the hospital, or can you remember how you fell down?"

"If Chen Dahu didn't hit you from behind, then why did you frame Chen Dahu?"

"This involves some very serious legal issues, and I ask the person involved, Chen Meixia, to answer them seriously."

Chen Meixia faltered and hesitated, not knowing what to say for a while.

Simultaneously.

Su Bai continued to add:

"During the trial, Qian Wei considered that Chen Meixia's memory may have some confusion, and realized that there might be some problems in Chen Meixia's confession, which shows that the evidence presented by Chen Meixia's side is not sufficient.

According to the high probability, the rules of civil proof, if the judgment is made, it should tend to the party with sufficient evidence.

You are all aware that when Chen Meixia is old, she may have various situations of unclear memory, so why use a high degree of probability to judge Zhang Dahu to lose the lawsuit? "

"I also ask the defendant to explain this issue..."

Su Bai's question can be said to hit the nail on the head, and he directly asked Chen Meixia and Qian Wei's main artery.

Liu Jun, who was seated by the defendant, frowned and looked at Chen Meixia and Qian Wei with dissatisfaction.

As a former judge, he should know what to answer and what not to answer, right? Asking the question to Chen Meixia, isn't this throwing the initiative to the other party?
Now the opponent has taken the initiative, and he is now at a disadvantage.

Liu Jun felt slightly dissatisfied with Qian Wei and Chen Meixia in his heart.

In fact, Qian Wei is also very helpless, because he always has to find a reason to shirk, otherwise it will be judged as intentional.

The consequences are more serious.

But he didn't expect Chen Meixia to say that, so Su Bai seized the opportunity.

Boom boom boom!
The gavel fell.

Ren Yuandong said, "Has the accuser finished their inquiry?"

"Judge, our questioning is over."

Boom!
"Okay, then I invite Chen Meixia, who is on the defendant and witness seats, to answer."

"One: Chen Meixia, do you still remember how you were hit? Or do you remember how you fell to the ground?"

"Two: Defendant, when you judged Zhang Dahu's case, you said that you considered Chen Meixia's possible memory confusion, but why did you still favor Chen Meixia in the judgment of evidence?"

"Please answer."

Chen Meixia realized that she might have said something wrong, and said slowly, "I don't remember..."

After Chen Meixia finished speaking, Ren Yuandong set his sights on Qian Wei.

Qian Wei took a deep breath: "Presiding judge, when I made the high probability, I considered some of Zhang Dahu's practices that violated common sense, instead of considering other factors."

Boom!
Facing Qian Wei's answer, Ren Yuandong glanced at the materials being transported, and then turned his attention to Qian Wei.

Serious voice:

"According to the evidence submitted by the prosecution, you talked with Li Mu on the phone before the trial and after the judgment, and Li Mu involved the plaintiff members in this trial."

"As for Li Mu involving the plaintiff members in this trial, your call records have been retrieved. How do you explain that the judgment was not influenced by Li Mu?"

"presiding judge.…"

"About this point...the other party just asked me what I think about the trial, and didn't directly say that he offered to ask me to help, and I just responded normally."

"Then how do you explain Zhang Dahu's inductive questioning at the trial?"

"Before the judgment, I had a general understanding of the case. At that time, I wanted to ask Zhang Dahu in depth. Some of the content may be a little anxious, and I didn't pay attention to this aspect.

I didn't realize it when I was asking, but I was reminded by the defendant's lawyer, who is now the prosecution lawyer, and I realized it quickly, and then I quickly responded and conducted a normal questioning. "

dong dong!

"The inquiry is over."

"Is there anything that the parties to the lawsuit need to add or make further statements?"

Prosecutor: "We have nothing to add."

Su Bai: "We don't have any."

Liu Jun frowned and raised his hand to signal: "Judge, we have something to add."

"The defendant's attorney ad litem is requested to make a statement."

"The presiding judge...We believe that there is nothing wrong with using the proof rule of civil evidence of high probability to judge Zhang Dahu's case."

"The main core of using this proof rule is to see whether the evidence is sufficient, and which side's evidence is relatively sufficient."

"When Qian Wei tried this case, he did not consider the fact that there would be problems with Chen Meixia's confession, so he used the civil proof rule of high probability to make the judgment."

"So what we think is that Qian Wei did not use the wrong laws and regulations..."

"We ask the presiding judge to take this into consideration before making a judgment."

Su Bai frowned slightly, and retorted: "The defendant's legal representative thinks this judgment is correct?!"

Faced with questioning, Liu Jun remained silent and did not speak.

dong dong!

Ren Yuandong's gavel sounded.

"The accuser, please pay attention to your speech in court, and don't interfere with the normal process of the trial."

"Here is a small reminder."

"Good judge."

After Ren Yuandong finished reminding, he turned his attention to the defendant's seat.

"The collegial panel has already understood the application of the defendant's litigation representative."

"Does the attorney for the defendant have any other questions that need to be stated?"

"Judge, we don't have any other questions, we need to make a statement."

dong dong!

"None of the parties has anything to state, so we will temporarily enter the adjournment!"

"The court will start in one hour, and the trial will continue."

Boom!
With the muffled sound of the gavel falling, the trial scene entered into an adjournment.

The three members of the collegial panel left their seats on the trial bench.

In the courtroom, Liu Jun glanced at Qian Wei with a calm expression, but did not speak.

Qian Wei also knew that his performance in the court trial might not be good.

But in that case, he really has no other expressions.

Because this kind of inquiry is a dead end, there is no better way to solve it.

If Chen Meixia can answer well, then there is no problem.

But he didn't expect that when facing Su Bai's pressing question, Chen Meixia panicked for a moment and gave a completely wrong answer, allowing the other party to seize the opportunity.

"I don't know how to judge..."

I invited Liu Jun to be my defender. There should be no problem in finding myself innocent in this case, right?

Hmm...should be no problem.

Qian Wei cheered himself up in his heart, but it could be clearly seen from his face that he was obviously lacking in confidence, and his expression was a little nervous. He looked at the seats on the trial bench, not knowing what he was thinking.

On the other hand, compared with the defendant, both the prosecution and the prosecution appear relatively relaxed.

Guan Tong and another colleague of his have sorted out the materials and prepared to continue the court defense in an hour.

Li Xuezhen looked at Su Bai with bright eyes.

"Lawyer Su..."

"Adjourned!"

Su Bai nodded: "Yes! The court is adjourned."

"Lawyer Su...how do you say the verdict will be pronounced after the trial?"

"I feel that the defendant's lawyer is pretty good this time..."

Su Bai sorted out the litigation materials in his hands, and after sorting out, he smiled and said:
"Then do you think the defendant's lawyer is the best, or I am the best?"

Li Xuezhen's face was serious: "Of course it's Lawyer Su."

"In my opinion, there are only two types of lawyers, one is lawyer Su, and the other is other lawyers."

Su Bai smiled, continued to speak, and answered Li Xuezhen's last question:
"There is a high probability that Qian Wei will be judged after the trial."

"However, according to the current situation, there is still a small deficiency in judging the referee of the law-breaking. It may be a fact first."

"fact?"

"Well, there is a high probability that the fact that the law was used wrongly, because in this trial, the prosecution and we both made the same answer, that is, they think that the high probability should not apply to the trial of Zhang Dahu's case."

"Just from Chen Meixia's and Qian Wei's discussion, it has been shown that Qian Wei knows who claims and who proves, and also thinks that Chen Meixia's evidence is a little insufficient."

"It is highly probable that whose evidence is relatively sufficient to determine who wins the lawsuit. Obviously, Qian Wei's judgment is not accurate, so there is a high probability that the legal regulations used are wrong."

"Then what...?"

"Then?" Su Bai smiled slightly: "After this judgment is made, then Qian Wei must go in to eat a big pot meal, but we need to look at the specific number of years."

Li Xuezhen nodded heavily: "Oh, I see!"

I silently said in my heart: +++++++1!
.
 …
at the same time.

The collegial panel discusses the room.

Ren Yuandong, Yin Wenhui and Tang Lin, as members of the collegial panel in this case, discussed the verdict of this case.

"Regarding this trial, it has now entered the second phase, and all parties have completed their defenses.

The provincial high court handed over this judgment to our intermediate court, which is a trust in our intermediate court.

The decision of the court to let us serve as judges is also a recognition of us. Now that the defense is up to now, what do you two think of this case? "

Ren Yuandong glanced over the two people in front of him and asked.

Yin Wenhui said after taking the test for a few seconds: "Based on the existing evidence, there is obviously something wrong with the defendant."

"Although it doesn't show subjectivity, the facts and laws and regulations based on it are wrong... There shouldn't be any problem with this judgment, right?"

"There is no problem, and I think there is no problem, Zhang Dahu, that case is simply nonsense with a high degree of probability."

"Who doesn't know that although this high degree of probability is very common in court trials, it is also a very vague legal definition?"

"Sometimes it's a bit unscrupulous...Forget it, don't talk about it, don't talk about it, let's just discuss this case."

Tang Lin shook his head, sighed, and asked another question by the way: "Judge Ren, do you think there is a problem with this judgment?"

Ren Yuandong smiled and shook his head: "I don't think there is any problem with this judgment. The reason why I didn't announce it on the spot is that the most important thing is to ask you two for your opinions."

"If there is disagreement, then it's better to have a discussion."

"I didn't see the defendant today, because I didn't listen to the opinions of the other two judges and made my own claim, and now I'm a defendant."

"If I don't ask you two for your opinion, what if something happens?"

Ren Yuandong laughed and made a joke.

Both Yin Wenhui and Tang Lin smiled.

"Since Nandu has accepted the case, it means that there must be some problems with Qian Wei.

Maybe I used to do this kind of thing a lot before, and I didn't take the law seriously all day long. This time, I just ran into a hard problem and was caught by the supervision department. "

"Judge Ren, you are different. We all respect the law. That will definitely not happen."

"Judge Ren, you are overthinking. Even if you make a direct judgment, there is no problem at all."

"Hehe...Xiao Tang is right!"

Ren Yuandong smiled and nodded.

"Then since there is no problem, let's make a judgment like this."

"OK, all right."

"no problem."

Yin Wenhui and Tang Lin nodded at the same time.

After discussing the judgment of the trial, the three studied the details of the case and other parts.

Waiting for the case to proceed to trial.

PS: Ask for a monthly pass~

(End of this chapter)