You became a lawyer and sent the judge in?

Chapter 307: Application for recusal and multiple protests against the presiding judge’s decision!

Jiang Wei's case was due to the intervention of the Supreme People's Procuratorate.

The Pingyuan Provincial High Court has begun the retrial process.

In terms of provincial inspection...

We will also conduct a comprehensive investigation into this case and review relevant evidence.

soon.…

The provincial inspection team’s verification work on this case has been completed.

The Provincial High Court notified all parties to participate in the trial and communicated the court date to all parties.

When Su Bai received the notification from the Provincial High Court about the court opening time, he immediately felt a lot more relaxed.

He had learned about Jiang Wei's case repeatedly.

As long as the appeal is successful, the court will then open.

There are basically no other issues in this case.

Because whether it is from the evidence, witness's confession or other circumstances.

Like the Supreme People's Procuratorate's response certification, there are no objective facts in this case.

It can be proven that Jiang Wei broke into a house, robbed someone, forced others to have sex and killed them afterwards.

So - as long as the court is held, the relevant matters of this case will be verified.

This case is equivalent to saying that the verdict has been overturned.
.
....
Soon...the day of court.

Waiting room.

Su Bai took Li Xuezhen and Jiang Wei and sat together in the waiting room waiting for the trial to begin.

Li Xuezhen's expression was excited.

Jiang Wei seemed a little uneasy.

He's been in jail for so long.

He has been in jail for nearly 13 years.

Finally released from prison, the appeal ran for another year or two, and this time the trial was held.

It's not easy for him.

Therefore, before Jiang Wei entered the court session, he was in a very excited mood.

"Lawyer Su...this time the court session..."

Su Bai knew what Jiang Wei wanted to say, so he smiled and said: "Don't worry..."

"I've already understood this case, and there's nothing wrong with it."

"Ok!"

Hearing Su Bai's words, Jiang Wei nodded heavily and felt a lot more relaxed.

Not long after, a staff member walked into the waiting room and said:
"The trial is about to begin. Please enter the courtroom with me."

"OK, thanks."

Su Bai nodded and led Li Xuezhen and Jiang Wei into the court hearing.

After all parties are seated.

After the clerk reads out the court discipline and related matters.

Members of the collegial panel entered the court hearing room and took their seats on the trial bench.

The presiding judge Shen Yao serves as the vice president of the Provincial High Court.

After sorting out the materials in front of me, I circled around the court hearing scene.

The Provincial High Court pays more attention to the case that the Supreme People's Procuratorate intervened and retried this time.

So she, the deputy dean, was arranged to appear in court for the trial.

This case...how should I put it?

As the deputy president of the Provincial High Court, she has also participated in hearing such appeal cases.

This kind of appeal case...

To be honest, she has seen a lot of various situations. This case...

Shen Yao glanced at the prosecutor's seat, did not continue to think, and then banged the gavel.

"Now start verifying the identity of those who appear in court..."

"We are now verifying the identities of the prosecutors appearing in court."

At the prosecutor's seat.

In this trial, Xu Bo took the initiative to apply to be the prosecutor.

And he and another prosecutor formed the prosecutor of this trial.

Xu Bo glanced in Su Bai's direction, and then said:
"Public prosecutor Xu Bo, public prosecutor Lu Liang."

Su Bai heard Xu Bo's voice and glanced towards the prosecutor's seat.

Xu Bo?

Wasn't he the prosecutor responsible for prosecuting Jiang Wei more than ten years ago?
It’s okay if you don’t evade yourself.

But why did he appear in court again now, and as a prosecutor?
I am worried that if this case is overturned, I will be held accountable.

Or is it because others want to participate in this trial in person?
But no matter what the reason.

Xu Bo shouldn't even appear in this trial as a prosecutor, right? !
Before Su Bai could think about it further, the presiding judge Shen Yao continued to speak:
"Please, the appellant, state the identity of your client."

"Ok."

Su Bai nodded: "Our persons appearing in court are Su Bai and Li Xuezhen, lawyers from Nandu Baijun Law Firm."

"Party involved: Jiang Wei."

"Ok."

After both parties stated their identities, Shen Yao continued the corresponding process.

"The identity information of all parties has been verified."

"This trial will be heard by the Pingyuan Provincial High Court. The members of the collegial panel are presiding judge Shen Yao, judge Li Xiangqian, and judge Ma Da."

"For the relevant people involved in this case, do the above people want to apply for recusal?"

Su Bai looked at the prosecutor's seat.

Xu Bo, who is sitting on the prosecutor's seat, was the prosecutor who tried Jiang Wei's case.

Su Bai heard Jiang Wei describe that Xu Bo was a prosecutor and prosecutor at the beginning.

The actions taken in this case are very radical, how can I put it?

Some of the evidence and accusations were brought forward by Xu Bo.

He didn't know why Xu Bo could still appear in the retrial proceedings.

Because according to the principle of recusal, Xu Bo should automatically recuse himself during the retrial procedure!

Does this kind of non-recusal behavior mean that he will be able to recuse himself during the trial?

In any case, Xu Bo should recuse himself from this retrial no matter what the circumstances are.

During the presiding judge's questioning, Su Bai immediately raised his hand:

"presiding judge."

"The appellant applies for the recusal of prosecutor Xu Bo."

Shen Yao said: "State the reasons..."

Su Bai continued: "According to the avoidance rules in the Criminal Procedure Law."

“Those involved who may be subject to unfair judgments should recuse themselves.”

"Public prosecutor Xu Bo, as a public prosecutor, made relevant determinations on our client's case 13 years ago."

"There is a situation where we are found guilty."

"In this case, prosecutor Xu Bo may have an unfair tendency towards us." "It involves affecting the fairness of this trial."

"Based on this condition, it complies with the principle of recusal, so we apply for the recusal of prosecutor Xu Bo!"

At the prosecutor's seat, Xu Bo looked at the appellant's seat and immediately spoke:
"The participation of the public prosecutor in this trial will not affect the outcome of this judgment."

"And the public prosecutor has applied to the prosecutor general, and it meets the requirements for a trial."

"So there is no avoidance."

“Based on this, I object to the recusal request of the appellant’s attorney.”

After Xu Bo finished speaking, his eyes fell on Su Bai.

This case was indeed reviewed by him 13 years ago, when he was still an ordinary prosecutor.

Now 13 years have passed...

He has taken the initiative to explain the situation to the prosecutor general and wants to participate in this prosecution.

Got consent.

In this case, although Su Bai applied for recusal in court.

But.…

Apply for recusal, but do not have to do so.

Su Bai:? ? ?
According to the principle of recusal, if the appellant or defendant has any objection to the judge of the collegial panel, he or she may apply to the collegial panel to recuse himself or herself in court.

It is up to the dean to decide whether to recuse himself or herself.

The prosecutor decides whether to recuse himself or herself.

Although Xu Bo's statement has been agreed by the prosecutor general.

But what is the status of this case?
In this case, Xu Bo prosecuted Jiang Wei as a public prosecutor more than ten years ago and recommended the death penalty.

Now it’s finally time to re-examine...

Xu Bo once again appeared as the prosecutor in this trial.

If he said there is no need to avoid it, then there is no need to avoid it?

On the presiding judge's seat.

Shen Yao's avoidance of Su Bai's application.

And the prosecutor has obtained the consent of the prosecutor general and does not need to recuse himself directly, and has conducted relevant checks.

Then he said: "The appellant believes that the condition for the prosecutor to recuse himself is——"

"The public prosecutor participated in the sentencing of Jiang Wei."

"It is considered that this may affect the impartiality of the verdict in this trial."

"For this point, the collegial panel believes that it does not constitute a necessary condition that affects the fair judgment of this trial."

"So this avoidance will be dismissed and no further discussion will be allowed."

"alright.…"

"Now let's get on with the trial."

Boom boom boom!
The presiding judge knocked the hammer, glanced at Su Bai's position and said.

???

What do you mean?
What about openly bullying people?

Why reject?

The recusal he proposed in the court hearing fully complied with the recusal rules in the Criminal Procedure Law.

Even the collegial panel believes that the appearance of prosecutor Xu Bo will not affect the fair judgment of this trial.

What is the guarantee?

Another point, why didn’t the presiding judge allow further deliberations?

Su Bai raised his hand to indicate that he wanted to ask clearly.

But Shen Yao, as the presiding judge, ignored Su Bai's raise of hands.

Continue to speak: "Please state the appellant's lawsuit application."

Su Bai did not state the lawsuit application, but continued to ask about the avoidance principle.

"Presiding judge, I don't understand why the collegial panel rejected my application for recusal?"

"My application for recusal is a reasonable application made in accordance with the relevant provisions of the Criminal Procedure Law."

"What you just stated, presiding judge, that Xu Bo appears in court as a prosecutor will not affect the fair judgment of this case."

"So as the presiding judge, how do you judge that Xu Bo's failure to recuse himself from violating the rules will not affect the fairness of the trial?"

"I still stick to my principles and apply for the prosecutor's recusal!"

Shen Yao's expression was flat: "The collegial panel cannot answer this question."

"As for the issue of recusal, the collegial panel has just spoken about it."

"Whether or not you recuse yourself does not affect the fair judgment..."

"Since recusal does not affect the work decision, why not allow Xu Bo to recusal?"

"The prosecutor did not recuse himself even though he knew he should recuse himself."

“The appellant here raised issues that should be avoided, and the collegial panel rebutted them.”

"In this case, how can I believe that the collegial panel said that the prosecutor will not recuse himself or affect the fair judgment?"

"I protest!"

"The collegial panel is required to strictly follow the recusal rules in the Criminal Procedure Law."

"Public prosecutor Xu Bo please recuse himself!"

dong dong dong.

The gavel struck, and Shen Yao frowned slightly:
"The collegial panel has just answered the request of the attorney entrusted with the appeal."

"Dismissed without further discussion!"

“How to ensure the fairness of the judgment is not a question that the appellant’s lawyer should consider.”

"All right!"

"The trial continues!"

Su Bai retorted: "But the procedures and rules of the trial were not conducted in accordance with legal procedures.

We cannot accept our trial in this court hearing! "

"I protest again!"

"If the collegial court thinks there are any problems with my protest, it can completely expel me from the court!"

"But give appropriate reasons and explanations."

"Presiding Judge, I still adhere to our principles."

"If the presiding judge believes that the presence of prosecutor Xu Bo at the trial cannot affect the fair judgment of the trial, then please give a reasonable explanation!"

Su Bai raised his head and looked directly into Shen Yao's eyes.

The application for recusal has always been rejected... How can he trust the members of the collegial panel to make a fair judgment?
Besides...

Xu Bo, as the prosecutor at the time, appeared in the courtroom this time.

Obviously it does not comply with the rules of the trial.

If it is because of this matter, let the retrial uphold the judgment of the second instance.

Then all the previous efforts were in vain.

Therefore, the court hearing process must comply with relevant process issues.

Applying for recusal is their legal right.

In this case, the collegial panel rejected his application.

Is it reasonable?
Certainly unreasonable!
What should I do if it is unreasonable?We must protest in court!
.
....
PS: Please give me a monthly ticket~
(End of this chapter)