You became a lawyer and sent the judge in?

Chapter 223 Are you not so tough-talking anymore?Xiao Li: Send everyone in the defendant's seat!
A barrister from Beijing...

The prosecutor must be held accountable from the very beginning...?

Tsk tsk...this kind of statement is quite bluffing.

how to say.

This situation may arise if the prosecution is held accountable when Du Ming is innocent.

How to prove Du Ming's innocence is the premise and the key point in this trial.

But...Su Bai is not optimistic about the defendant's defense of innocence.

Because of this trial, he knew the relevant chain of evidence, which was complete and had no problems.

That is, there is no possibility of objection to the judgment.
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At the trial bench, presiding judge Xu Hao asked defense lawyer Xu Xiao to elaborate on the relevant facts.

Xu Xiao nodded slightly: "Okay, presiding judge."

"Presiding Judge, I would like to request that the entire case be sorted out."

Xu Hao agreed to Xu Xiao's application.

Xu Xiao sorted out the litigation materials in front of him and spoke slowly: "Based on the evidence and certification materials provided by the prosecutor, as well as the litigation process."

"It can be clearly seen."

"The prosecutors used Du Ming's trial of Qin Bao's case, and proposed that Du Ming violated the law, and prosecuted him for several crimes including perverting the law, dereliction of duty, and abuse of power."

"But."

"During this process, where did our client Du Ming abuse his power?"

"This is one of our questions."

"First of all, at the court hearing, when faced with the legal action application made by Qin Bao's attorney, under the circumstances, most of our clients agreed."

"There were no illegal or irregularities during this process."

"According to the legal definition of abuse of power and dereliction of duty, our client Du Ming is just a diligent and hard-working judge and a good presiding judge."

"And looking at the entire case, it is the responsibility of law enforcement to arrest people, it is the prosecutor's responsibility to file for public prosecution, and it is the court's responsibility to make a judgment."

"Has the court made a final decision?"

"The court has not made a final decision yet."

“During this process, most of the legal arguments put forward by the defendant at the time, Qin Bao’s side, were adopted.”

"For example: I heard the review of the court session and related opinions."

"There were no irregularities in the various processes, nor were there any illegal acts or violations of litigation management regulations."

"Based on the above points, it can be clearly shown through the behavior of our client that Du Ming did not commit any dereliction of duty, abuse of rights, dereliction of duty, or abuse of law during the trial."

"We believe that the chain of evidence provided by the prosecutor is insufficient and the prosecution against our client should be dropped."

"During this process, we believe that the prosecution did not fully understand the facts and the circumstances of the trial at that time."

"It resulted in a wrong judgment as to whether our client had committed a criminal act."

"Or.…"

"We believe that public opinion has overwhelmed the judiciary, causing the prosecutors to make wrong judgments, which led to the prosecutors filing a public prosecution against us."

"Presiding Judge, we have finished stating our point of view."
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Did public opinion coerce the judiciary, causing prosecutors to make wrong judgments?

Such words...

Su Bai smiled when he heard the defendant's lawsuit statement.

Can public opinion coerce the judiciary?

Obviously it cannot, and it is simply impossible!

Public opinion can only supervise the judiciary. If you want to blackmail, you must use substantive evidence.

He has seen that judicial officers are relatively attentive to cases because of public opinion issues, and the judgments are processed quickly and the charges and sentences are consistent.

in order to avoid causing excessive public controversy.

but!

He has never seen anyone "wrongly convicted" due to public opinion.

The last sentence mentioned by the other party is that public opinion will coerce the judiciary. As a legal practitioner, you should be very clear that it is simply impossible.

But the other party just brought it up like this...

What is the purpose?
The purpose is to use the statement in this last paragraph to allow the prosecutor to testify on his own, or to let the prosecutor get into a situation where public opinion is swaying the law of the trial.

Once this point of view is entered, the prosecution is at a disadvantage.

The defendant could have continued to make statements based on public opinion, leading to the presiding judge's final determination that it deviated from the original trial procedure.

To put it bluntly, this is a pleading technique.
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After Xu Xiao finished stating the relevant situation, the presiding judge Xu Hao sounded the hammer and asked the prosecutor to refute or raise objections to Xu Xiao's views.

When Cao Xue faced Xu Xiao's statement, she frowned slightly and focused on the last paragraph.

Is public opinion threatening the judiciary?

Isn't it completely ridiculous for the defendant to bring up this situation?
What is justice?
Judiciary has factual and legal basis. How can the judicial judgment be affected by the pressure of public opinion?

The prosecutor filed an indictment...

Not only the above points mentioned by Xu Xiao, but also the recording evidence provided by Su Bai at the time.

Although the recording evidence could not effectively prove that Du Ming had committed a violation of the law and abused his power.

But that piece of evidence showed that there was definitely something wrong with Du Ming.

What’s more, Ma Wu’s testimony is the most important evidence.

The other party didn't mention any of these, and without mentioning any evidence, suddenly came a public opinion to threaten the judiciary?
? ? ? ?
Cao Xue said: "Public opinion is tying up the judiciary? I would like to ask the defendant's litigation lawyer, what do you mean by public opinion tampering with the judiciary?"

"Judicial judgment is based on evidence. Does your statement seriously doubt the prosecution process?"

"The prosecution's proceedings are conducted in public. If the defendant needs to make it public, they can watch the proceedings."

"We believe that the defendant's litigation attorney's answer is completely quibbling, does not comply with the trial regulations, and has no legal basis or factual basis to supplement the evidence."

"The prosecution applies to dismiss the defence's submissions."

Xu Xiao then continued: "But from a side perspective, are the prosecutors under considerable pressure for this trial?"

"Is there any influence of public opinion?"

"The prosecutor is relatively clear about this, right?"

You do this every day, are you deliberately trying to do this?

Su Bai raised his hand to interrupt Xu Xiao's inquiry.

Practically speaking.

Xu Xiao's questioning was nothing more than trying to force the prosecutor into his public defense through step-by-step questioning.

And it's "sophistry."

This trial is still being broadcast live.

If... I was dragged into it and lost the defense on whether public opinion affected the judicial power.

So in this trial, it is difficult to make a subjective judgment on laterality.

That is to say...
Du Ming had indeed committed a crime, he had indeed committed these crimes, and these crimes were all proven.

But the public doesn't believe this.

This indirectly affects the credibility of the trial, which further causes the collegial panel to give a light sentence when considering the verdict against Du Ming, or to make a suspended sentence taking into account public influence.

to be honest.

This means that the court, after comprehensive consideration, will decide the sentence according to the lightest penalty.

Why did Su Bai come to this trial?
In order to increase the sentences of these criminals who broke the law!
If Xu Xiao continued to question the potential incompleteness of the lawsuit and problems with the litigation process in his subsequent defense.

This will make it difficult for the trial to proceed, and the public opinion generated will become louder and louder, which will deviate from the purpose of his participation in the trial.

To him, it was indirectly equivalent to losing the case.

The interruption was approved by the presiding judge. Su Bai looked at Xu Xiao and said:
"I would like to ask the defendant's attorney, according to your statement, the prosecutor initiated the prosecution due to the pressure of public opinion, so can you produce actual evidence?"

"Or...you are just relying on your subjective imagination and want to use the live broadcast of the trial to counterattack, so as to create huge judicial public opinion against the prosecutor and influence the judicial judgment?"

Xu Xiao immediately retorted: "No."

Su Bai smiled: "You don't have one?"

"You didn't, but why do you still insist that the prosecutor made the judicial prosecution because of public opinion when the prosecutor has already submitted a public prosecution process and corresponding evidence?"

"Aren't you planning to use public opinion to influence judicial decisions?"

"The prosecutor can produce relevant evidence, can you?"

"As a criminal lawyer, don't you know that everything is based on evidence?"

"There is no evidence to support the subjective suspicion that the prosecutor prosecuted because of the pressure of public opinion. Where did you get this statement?"

Su Bai's rhetorical question not only stopped Xu Xiao from asking the question.

Incidentally, the prosecutor and the collegial court were also reminded.

Xu Hao was already very stressed about this case.

However, the defendant's litigation attorney seized this pressure and kept mentioning it.

He was disgusted with this, but as a member of the trial, he could not question or refute it in court.

Now that Su Bai said it, Xu Hao immediately banged the gavel. "The statements made by the defendant's attorney have no direct or indirect relationship with this trial."

"Rejection of Defendant's Attorney's Statement."

"And the court is here to remind you."

"The defendant's litigation attorney pays attention to the statement you made in court, which is about the illegal behavior involved in your client."

"The prosecution has presented relevant basis and evidence."

"If you have any objection to the relevant evidence, please present the relevant proof or basis instead of relying on subjective conjectures."

“Defense attorneys please take note of this!”

"I've been reminded once now, and there won't be another time."

Xu Xiao glanced at Su Bai indifferently and replied: "Okay, presiding judge..."

After the hammer struck, Xu Hao sorted out the relevant litigation materials and continued to speak.

"With regard to the prosecution of Du Ming, in what aspects does the defendant think that a complete chain of evidence cannot be formed, or which point of evidence and basis does the defendant think it has objections to in determining the facts?"

After Xu Xiao's nonsense just now, Xu Hao did not give Xu Xiao a chance to continue nonsense this time.

Ask the defendant directly if he has any objections to the facts and basis.

Conducting inquiries in this way can effectively speed up the efficiency of the trial, and it is also to prevent Xu Xiao from continuing to exert corresponding public pressure on other matters.

Facing the presiding judge's inquiry, Xu Xiao took a deep breath.

Originally, he indeed planned to exert relevant pressure on the court through public opinion.

At least in terms of tendency, it should not be too directed at Du Ming.

But I didn’t expect it…

The lawyer on the prosecution side actually started questioning him in the opposite direction!

It caught him off guard.

This also led to...the only way to fight for relevant legal rights and interests for his client Du Ming was through pleading in court.

Simultaneously.

Du Ming, who was sitting in the defendant's seat, heard the presiding judge's question.

Silently: What a pity.
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Facing Xu Hao's inquiry, Xu Xiao said: "Presiding Judge, there are some."

"We have objections to one of the pieces of evidence submitted by the prosecution."

"Please make your statement, but not subjectively."

With the experience just now, Xu Hao specially reminded Xu Xiao.

Xu Xiao sighed secretly and nodded: "Okay, presiding judge."

"The evidence objection we raised is——"

"The prosecutor believes that we abused our power, and there is such evidence."

"According to the prosecution:"

"Du Ming is in the process of trying Qin Bao's case."

"The inspection report submitted by Qin Bao's lawyer Su Bai was rejected, and the inspection report submitted by Ma Wu, the prosecutor at the time, was adopted."

"This evidence is key evidence that directly proves our abuse of rights."

"In this regard, we do not agree that this evidence can be used to determine our abuse of power."

In this case, Du Ming's alleged crimes include neglect of duty, abuse of power and miscarriage of justice.

All based on this key piece of evidence.

As long as the court does not judge this evidence, Du Ming can be exonerated.

It is relatively difficult to refute this evidence, which is why Xu Xiao wanted to drag the prosecutor into a trap at the beginning.

But due to Su Bai's reminder, it did not succeed.

After listening to Xu Xiao's statement, Xu Hao continued:
"What is the factual and legal basis for your disapproval of this evidence?"

Xu Xiao: “We believe that this evidence is too general and vague.”

"First of all, from the subjectivity of our party, Du Ming cannot judge which test report provided by the party is the real test report."

"but.…"

"The test report submitted by the prosecutor has legal effect."

"As a judge, Du Ming has the right to use the inspection report submitted by the prosecutor and refuse to use the test report provided by the defendant at the time."

Xu Hao continued to ask: "But at the beginning, the defendant mentioned that it wanted to re-test it by a third-party agency."

"It was suggested that Ancheng's test report might be fraudulent, and Du Ming rejected the defendant's proposal on the spot."

“How do the lawyers appointed by the defendant and the defendant’s clients explain this?”

Du Ming spoke as a party: "Because the evidence at that time was enough to make a verdict, there was no need to conduct further testing."

Xu Hao glanced at Du Ming, "We are all presiding judges, so stop pretending to be so thoughtful."

What does it mean that there is no need for further testing at that time?
Co-author, you directly regarded the defendant's evidence as perjury, right?
Xu Hao looked down at the lawsuit materials and said:
"I would like to ask the defendant Du Ming, do you know that the test report provided by the prosecutor at that time was an illegal report?"

This question is equivalent to directly hitting the most critical point in this trial.

Knowing or not... is a subjective behavior.

It is also the most important point in determining abuse of power.

Du Ming took a deep breath and looked at Ma Wu.

Ma Wu noticed Du Ming's gaze and shook his head slightly.

Du Ming sighed helplessly: "I know."

“The defendant party knew that the test report provided by the prosecutor was an illegal report and was perjury, so why did he insist on using the illegal report?”

"As a judge, you should be aware of the serious consequences of admitting illegal evidence and its impact on the outcome of judicial decisions."

"Legal interpretation and application conditions based on abuse of power, dereliction of duty and miscarriage of justice."

"I would like to ask the lawyer appointed by the defendant, do you think that during this process, Du Ming, as a member of the trial, knew that the test report submitted by the prosecution was illegal evidence."

“The defense raises questions and presents evidence of relevance.”

"Du Ming will not accept it, but will still use illegal evidence to make a judgment."

"Is this an abuse of power?"

Xu Xiao was silent.

He couldn't answer this question, and he couldn't answer it.

does it count?
Definitely count.

However, as Du Ming's attorney, he must make a defense based on Du Ming's request at the trial.

Help Du Ming obtain more of his legal rights.

Faced with the silence of the defendant party.

Xu Hao felt happy in his heart.

Xu Xiao's speech at the court hearing just now made him feel so stressed, and now he feels so happy.

And it's doubly enjoyable.

This trial was preceded by adequate preparations and sufficient evidence.

No one on the defense bench is innocent.

In this case, the defendant, like Ma Wu, just pleads guilty and accepts punishment.

Why are you making such a mess?
Use trial techniques and public opinion to put pressure on the court.

There is no need at all.

The prosecutor has sufficient evidence. No matter how powerful your trial skills are, they will have no effect in the face of absolute evidence...

dong dong!

This time the sound of the hammer sound echoing in the courtroom was particularly brisk.

"Defendant Du Ming and the defendant's litigation lawyer, do you have any other questions about the complete chain of evidence provided by the prosecutor?"

"Or do you still have any objections?"

Xu Xiao sighed: "No objection."

"There is no objection, the facts are established!"

Xu Hao's serious voice reached the ears of everyone in the hearing room.
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In the prosecution's seat.

A blush appeared on Li Xuezhen's face.

The trial has reached this level.

At the defendant's seat, Ma Wu confessed and accepted punishment, and Fang Shijun and Feng Xiang had already been judged.

The most important thing, Du Ming, is not so harsh now.

Aren’t they all sent in...?
Wonderful! Wonderful! ! .
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(End of this chapter)