You became a lawyer and sent the judge in?

Chapter 221 What are you talking about!Come on, come on, you continue to argue?
In the courtroom.

Du Ming's face turned dark. He used to be a judge in charge of criminal trials.

Generally speaking, the cases that have been tried, large and small, have encountered many situations.

But this serves as a supplementary party to the accusation.

It is relatively rare to propose an increase in punishment with reasonable grounds and determine that the circumstances are serious.

This Su Bai actually brought it up at the trial and determined that the circumstances were serious? !
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Isn't this a naked attack on him? I think the sentence recommended by the prosecutor is too short, and I want him to spend two more years in jail!

Du Ming was holding back some anger in his heart. If he continued to serve as the presiding judge, how could he use this anger?

Su Bai noticed Du Ming's gaze and frowned slightly, who was he looking at?
Xiao Li, compare with him!
regret?The path I chose to take, isn't it right for me to sit in the dock now?

Don’t even think about those people who have been wrongly judged by you, how unjust they are!
After Li Xuezhen's eyes fell on Du Ming, it was obvious that Du Ming's face turned darker.
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At the bench of the judge, Xu Hao banged the gavel and continued the trial of the case.

"The prosecution has completed its supplement."

"Now let's ask the defendant Ma Wu or the litigation agent to make a statement."

There are three defendants in this trial, namely Ma Wu, Du Ming, Fang Shijun and Feng Xiang.

Ma Wu's litigation attorney glanced at Ma Wu.

According to the evidence provided by the prosecutor, Ma Wu was charged with perjury and abuse of power.

It was different from Du Ming and the two law enforcement officials.

The evidence submitted by the prosecutor against Ma Wu included the prosecutor's confession and the direct evidence submitted by the testing department personnel that could kill him.

There is no point in pleading in court.

The chain of evidence is complete. If you want to refute it, you can't refute it at all. No matter how much you say, it doesn't make any sense.

As a former public prosecutor, Ma Wu is very clear about this, so the litigation request expressed to the litigation lawyer is:
"Plead guilty, accept punishment, and receive a lighter sentence."

Ma Wu's litigation lawyer also made statements in accordance with Ma Wu's entrustment wishes at the court hearing.

"President, our client is very clear about his criminal behavior and aware of his mistakes."

"The criminal behavior was also inspired by others. There was a certain increase in subjectivity, and he confessed his problems at the first time."

"Plea sincerely and provide timely feedback on what you know."

"We request the presiding judge to consider this aspect and give our client a lighter sentence."

"Presiding Judge, the above is our defense in court."

Ma Wu's attorney made a brief statement.

In this type of criminal sentencing, the prosecutor has sufficient evidence.

As a party involved, the best way is to plead guilty and accept punishment, leaving a good impression on the presiding judge, and maybe a lighter sentence will be imposed.

only.….
After the entrusted lawyer finished his statement, Ma Wu raised his head and looked at the public prosecutor's seat with complicated eyes.

I fell into deep self-blame and endless regret.

He lowered his head and said nothing, and there was no color in his eyes.
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...

After Ma Wu's attorney completed his statement, Xu Hao looked at the other two law enforcement officers.

Fang Shijun and Feng Xiang.

"The defendant Ma Wu pleaded guilty and punished at the trial and admitted his crime. The collegial court has learned about Ma Wu's candor and guilty attitude."

"Now, let's invite the defendants Fang Shijun and Feng Xiang's attorney to make a statement."

Fang Shijun and Feng Xiang defended innocence, unlike Ma Wu.

Ma Wu means that the prosecution has definite evidence and a complete chain of evidence.

Their crimes can be refuted, and there is a certain chance that they can plead not guilty.

There are fundamental differences between the two sides.

Lin Shen, the lawyer appointed by the two men, faced Xu Hao’s questioning and began to state:
"President, we are conducting a not guilty defense. Our main defense opinions are as follows."

"First of all: We disagree with the abuse of power alleged by the prosecution."

"According to the definition of abuse of power: it refers to using one's own functions to do certain "illegal and disciplinary" things for abuse, or exercising one's own functions for profit."

"In this case, the specific process is as follows."

"At that time, our two parties confirmed Qin Bao's criminal behavior after filing a case with Anyao Group."

"Here is a premise, that is, Qin Bao's criminal suspicion was confirmed when the case was filed at that time, and he will not plead now."

"continue."

“Two of our parties arrested him.

It is within the scope of our functions.

It did not violate our authority.

We admit that we committed illegal behavior at the time, but this illegal behavior violated executive regulations and law enforcement regulations.

We are willing to accept administrative penalties. "

"But we do not believe that there was an abuse of power, and we hope that the prosecutors can look at it from this point of view."

"Presiding Judge, the above is our response."

After hearing Lin Shen's answer, Xu Hao looked at Du Ming.

In this trial, there are three defendants, which means three charges are required.

Regarding Ma Wu's guilty plea and punishment, Xu Hao said that his workload has been reduced a lot.

It's just that...the law enforcement side is a bit tough!

In fact, in Xu Hao's determination and the determined facts, did the law enforcement parties abuse their power?
There must be!

You went to other provinces and relied on your identity to bring people back from outside the province without showing any proof of identity. Isn't that an abuse of power?
only….
Although Xu Hao made this certification from his personal point of view, the law pays attention to the integrity of evidence and plea, and everything is based on evidence and legal applicability.

The next trial still needs to see how the prosecutor carries out the prosecution.

"The prosecutor please state or submit the criminal facts or legal explanations for Fang Shijun and Feng Xiang."

"Ok."

Cao Xue nodded and dug out the lawsuit materials about Fang Shijun and Feng Xiang.

Then he said: "We do not agree with the statement of the defense lawyer."

"The first point: Fang Shijun and Feng Xiang were arrested as law enforcement officers across provinces, and they represent the image of law enforcement officers."

"According to inter-provincial arrest regulations, arresting people in non-law enforcement areas without any notification is already a serious violation."

"The second point is that the two people did not follow the regulations and did not show their identity documents for arrest, which also violated the arrest regulations."

"These two points are already serious violations, and the two people knew that it was illegal and still carried out illegal acts... It is a subjective and intentional act."

"Knowing what identity it represents, what functions it represents, and what its authority is, yet still ignores it and violates the law."

"Based on the above two points, we determined that the two persons abused their power."

Faced with the prosecutor's question and the two points raised, Lin Shen immediately retorted: "I would like to ask the prosecutor."

"The prosecutor believes that the main factor in our abuse of power is the violation of inter-provincial arrests, failure to notify other law enforcement parties, and failure to identify oneself during arrests, which violates arrest norms and relevant case regulations. "

"But when the prosecutor stated this, what he kept saying was that we violated such-and-such regulations."

“This is inconsistent with the nature of ‘authority’.”

"What are their powers?" "The powers of Fang Shijun and Feng Xiang are to arrest prisoners and suspects. Anyao Group reported Qin Bao's illegal behavior at that time, and law enforcement units also filed a case."

"So the two of them were arrested during this process. Is there any problem?"

"If we interpret it from this perspective, there is no problem at all."

"According to the prosecutor's statement, the two individuals only violated relevant management regulations, but did not commit any criminal acts or abuse their power."

"After all... according to the prosecutor's statement, Fang Shijun and Feng Xiang abused their power."

"But can arresting criminal suspects who should be arrested be called an abuse of power?"

"I don't think that's possible."

"Having said that, why did the prosecutor use the above points to define my two clients and think that they abused their power?"

"Did either of them accept the gift?"

"Did the prosecutor's investigation reveal that the two individuals had the purpose of abusing their power?"

"In other words, what does the prosecutor believe is the important direct evidence that the two individuals abused their power?"

"Based on the above points, it can be clearly discovered that our client did not abuse his authority, but acted improperly, which caused certain consequences and a series of adverse effects."

"I would like to apply for the prosecutor to drop the charges against us because the charges against us are completely unfounded."
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Lin Shen's statement completely revolved around "authority".

Elaborating on the situation of Fang Shijun and Feng Xiang based on the definition of authority is whether it is an abuse of authority.

At this point, Lin Shen's explanation has no legal effect or not.

but!

The effect on the live broadcast of court hearings is very good.

Cao Xue looked at Lin Shen calmly. Before she could speak to refute, Su Bai raised her hand to supplement.

The hammer sounded and after receiving the consent of the presiding judge, Su Bai began to make a statement.

"I don't agree with the views of the defense attorney."

In Su Bai's view, Lin Shen's explanation was entirely from the side.

Why do you say that?

Lin Shen only explained it from a functional point of view, but did not explain it from other aspects.

The most critical point was not mentioned - who asked Fang Shijun and Feng Xiang to go to other provinces?
Fang Shijun and Feng Xiang didn't talk about this, right?
Fang Shijun and Feng Xiang didn't mention this, so it was already clear that they were the main culprits this time.

Anyao Group has filed a case.

Yes, that’s right, a case has been filed.

But does this have anything to do with your authority?

It doesn't matter.

After filing a case, you enforce the law in accordance with relevant regulations. This is a normal process and compliance behavior. This is your authority.

But if you don't enforce the law in accordance with relevant regulations, doesn't this exceed your own authority?

Abuse of power also falls within this aspect of the definition.

Do Fang Shijun and Feng Xiang have law enforcement rights outside the province?
No!

If you don’t have the power to enforce the law, why do you arrest people?
And what identity did you use to arrest people?

Are you taking advantage of your status as a law enforcer?
You have no law enforcement power, but you use your status as a law enforcement officer to arrest a person who is just filing a case. No one notifies you to arrest him.

The coordination is not completed, so you rush over to arrest people.

How should this be convicted?

If it's not an abuse of power, then it's a crime of kidnapping in public?

Besides, Lin Shen has always emphasized that the two people only violated relevant management regulations and did not commit abuse of power.

In fact, the two people not only violated relevant management regulations, but also committed abuse of power!

Su Bai continued to state: "In response to the statement of the lawyer appointed by the defendant, I just want to ask a few questions here."

"First: As law enforcement officers, why didn't Fang Shijun and Feng Xiang follow the procedures to enforce the law?"

"Who told them to do this?"

"Second: Does not complying with the management regulations count as a violation of relevant powers?"

"Third: Two people were illegally arrested across provinces. Who gave them the right? In what capacity did they bring Qin Bao back to Ancheng?"

"As a law enforcement officer or as an ordinary person?"

"Fourth, didn't the prosecutor make it very clear just now?"

"The direct evidence that the two abused their power is that they illegally used their power, which is already within the scope of abuse of power!"

"What the defendant's attorney ad litem wants to express is that the two violated the law and used their powers. Isn't this an abuse of power?"

After Su Bai briefly summarized the problem, his eyes fell on Lin Shen.

To be honest, Lin Shen's rebuttal to Cao Xue didn't have much legal definition.

However, what Cao Xue stated earlier was not clear, which gave Lin Shen a chance to refute.

That's it.

Facing several questions raised by Su Bai, Lin Shen was silent for a few seconds...

Fang Shijun and Feng Xiang on the side did not have a deep understanding of legal provisions.

I just felt that Lin Shen's performance just now was very passionate, and there was a high possibility that they would be able to escape guilt.

The two of them were at the defendant's seat, keeping their eyes on Lin Shen, gesturing for him to continue speaking.

Continue to refute...continue to criticize the prosecutor.

but.…

Lin Shen knew how much he weighed, and he was just a performance-oriented criminal lawyer.

Precisely….
It's just a lot of hype at the trial, but in fact it doesn't have much legal "effect".

Otherwise... he wouldn't have been invited by Fang Shijun and others to serve as their entrusted agent.

These questions asked by the other party are very critical. It can be said that they directly hit the key point of the judgment of Fang Shijun and Feng Xiang.

Can he answer?
cannot.…

Simply throw this issue directly to your client.

"I am a general agent. Regarding the client's own questions, I would like to ask the client to answer."

Xu Hao agreed to Lin Shen's request and gave the two parties the right to answer questions.

only.…

Faced with these problems, both Fang Shijun and Feng Xiang stared blankly.

Don't know how to answer...

He could only blink hard at Lin Shen.

Lin Shen calmly turned his head and looked at the presiding judge's seat, but not at the defendant's seat.
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Noticing this small detail, Su Bai smiled.

What a "smart lawyer"!
When it's time to send it in, send it in quickly. What else are you talking about here?
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PS: Sorry for the delay, I was delayed a bit while revising the article...
Ask for a monthly ticket~
(End of this chapter)