You became a lawyer and sent the judge in?

Chapter 333 A difficult judgment, the law stipulates that it can be judged, but can it be judged?

As for whether the evidence is forged, relevant certification needs to be carried out by the Physical Evidence Division.

but!

Why was Su Bai able to recognize at a glance that the evidence submitted by the defendant's industrial and commercial administration was forged?

Because of the evidence submitted under Business Administration.

The time when the Business Administration met with the manager of Dafa Supermarket and Wang Hai was around 15 a.m. on the th of the month when Xiao Pingjun made the complaint.

The time and place are also clearly written on the record.

But...according to Xiao Pingjun's description, the morning of the 15th of that month was the time when Xiao Pingjun went to defend his rights.

Wang Hai, the manager and general manager of Dafa Supermarket, spent the whole morning at Dafa Supermarket dealing with Xiao Pingjun's rights protection matter.

There was simply no time to go to the industrial and commercial administration department for an interview.

Didn’t anyone in the business administration department take this into consideration?

In other words, did you just fill in some time at a later stage to replenish it?

Is the purpose just to avoid being held accountable?

Regarding the time, Su Bai wanted to confirm again, so he turned around and asked Xiao Pingjun:

"Is the time you defended your rights at the entrance of Dafa Supermarket on the 15th of the month?"

Xiao Pingjun nodded: "Lawyer Su, I can confirm this."

"On the 15th of that month."

"I remember very clearly that Dafa Supermarket called the police at that time."

"It's just that I was holding a sign in front of Dafa Supermarket and didn't disrupt order."

"I was only given a verbal warning, and the law enforcement officers didn't do much to stop me."

"Then the manager of Dafa Supermarket and Wang Hai personally came out to refute the rumors. They were there all morning."

After confirming this matter, Su Bai looked at the presiding judge: "Presiding Judge."

"We question the evidence presented by the defendant's industrial and commercial administration."

At this time, business administration lawyer Yu Yan spoke:

"As for the authenticity of the interview transcript, we can conduct relevant appraisals."

"There is no question about the authenticity of what is recorded in the transcript."

"Will there be any problems? Then I would like to ask the defendant. What is recorded in the transcript is true, but what about the time?"

Su Bai opened his mouth to retort.

"On the morning of the 15th of that month, our client Xiao Pingjun defended his rights at the entrance of Dafa Supermarket."

"Wang Hai, the general manager of the supermarket, and the manager in charge of the supermarket have been dealing with Xiao Pingjun's rights protection all morning."

"The evidence issued by the Business Administration is the interview accepted at 15 a.m. on the th."

"Now the defendant tells us that everything recorded in the transcript is true, and the content of the transcript is indeed true, but why does it not match up in time?"

"If the timing doesn't match, does it constitute forged evidence? I don't need to state this anymore, right?"

"If it is really conclusive and real evidence, there will be no problem of not matching the time."

"also."

"Now Wang Hai, the general manager and head of the defendant Dafa Supermarket, is at the scene."

"The presiding judge can ask Wang Hai in court whether he went to the industrial and commercial administration for an appointment at that time."

"But here, I would like to remind the defendant that if there is a false confession in court, it will be treated as perjury and will be sentenced."

On the judgment seat.

Faced with this unexpected situation, the defendant submitted forged evidence and was caught red-handed by the plaintiff.

to be honest.…

Peng Guangliang has tried many cases as the presiding judge.

I have seen forged evidence, but the forged evidence was pointed out in court, and it was pointed out with reason.

That's rare.

Peng Guangliang did not know the details of the interviews with relevant departments.

But based on the responses from both parties, Peng Guangliang could understand it.

This means that the relevant departments did not make an appointment.

But in order to neutralize the impact and avoid being accused of inaction.

I made up an interview description afterwards and filled in the wrong date, which led to the current situation?

Or...are there other situations?

Peng Guangliang looked at Wang Hai and said:

"Wang Hai, regarding the plaintiff's claim that you were handling the complaint on the morning of the 15th of that month."

"I don't have time to make an appointment. Do you still have any relevant impressions about this matter?"

Facing the presiding judge's questions, Wang Hai also fell into silence.

How should he answer this?

Although he knew that answering the appointment was a good thing for business management.

But just now Su Bai gave a reminder and made a confession that did not conform to the facts at the trial.

It is being dealt with according to the crime of perjury!

It is true that he did not make an appointment that day, and the follow-up matters will be recorded later.

Because the case was already involved in court at that time...

Another point is that if it is based on the time at that time, it has already been regarded as a failure to respond within the specified time.

In this regard, the business administration said that it would be good to arrange a time within the specified time limit.

Anyway, as the parties concerned, if they don't tell the time of the interview, no one will know when the interview will be held.

Even if it is perjury, the other party cannot provide evidence to prove that it is perjury.

It won't have much impact.

But... what he didn't expect was that the date of this evidence was the 15th of that month!

There were so many people watching that day, what did he say?

Therefore, Wang Hai could only give a vague answer to this matter:

"Presiding Judge, I don't remember this matter very clearly."
.

....

On the bench, Peng Guangliang struck the hammer.

Regarding the matter of forgery, to be honest, we still need to rely on relevant certificates to determine whether the evidence is true.

Since in this trial, there are questions about these evidences.

It is impossible to confirm the authenticity of the evidence in court.

Because the defenses of both parties cannot confirm the truth.

To put it bluntly - both sides insist on their own opinions, and it is completely impossible to determine whether it is true or false.

It can only be legally confirmed by relevant personnel from the Bureau of Physical Evidence and forensic identification.

Without legal confirmation, the presiding judge will not accept the evidence.

As for whether it is perjury, that is another matter.

It has little relevance to the judgment of this trial.

Clear your mind.

Peng Guangliang banged the gavel: "Because the evidence issued by the Industrial and Commercial Administration is questionable."

"And the authenticity of its evidence cannot be proven for the time being."

"This evidence will not be admitted in this court!"

"Furthermore, the collegial panel believes that this evidence will not affect the follow-up of the trial. Do the plaintiff and defendant have any objections to this point?"

The gavel sounded, and Peng Guangliang refused to accept the evidence provided by Yu Yan.

Regarding this situation, Yu Yan did not continue to speak, nor did he have any objections.

After all...if there is any objection, then the evidence needs to be appraised and the evidence re-tried. It is even more unfavorable for them.

Su Bai had no objection to the presiding judge's request to continue the trial.

The main purpose of this lawsuit is still an administrative trial.

Evidence needs to be inspected and inspected by the Bureau of Physical Evidence to determine whether it is true or false.

Then again... in this trial, the relevant persons cannot be sentenced based on forged evidence.

but.…

With this evidence, subsequent matters will be much easier to resolve.

call.…

Su Bai took a deep breath and waited for the trial to continue.

After receiving no objections from both parties, Peng Guangliang continued to speak:

"The defendant has entrusted a lawyer to accuse the plaintiff of laziness and inaction."

"Do you have any other points that need to be made?"

Yu Yan looked at the business administration staff aside.

This case is based on his understanding and the corresponding situation in reality.

If there is an accusation of omission, there is indeed a case of omission.

But as an administrative department.

This lawsuit is going to a public hearing again.

Can he admit it directly?

Certainly not!

Furthermore, he definitely needs to prove from some aspect that there is no inaction on his part.

At this point, the entrusting department has emphasized to Yu Yan that the case cannot be lost.

And it cannot have a large negative impact.

In response to the presiding judge's question, Yu Yan continued:

"Regarding the plaintiff's lawsuit application, its accusations and rebuttals."

"We don't agree with it."

"The evidence we submitted just now has been questioned by the plaintiff and will not be accepted in the trial. It will be ignored for the time being."

"But throughout the whole process, as a management department, we still have other actions."

"For example: Notify Dafa Supermarket to make relevant rectifications."

"Is this an act committed by us?"

"If we don't do anything, what do we call our actions?"

"So from this point of view, the facts alleged by the plaintiff are not established!"

Tsk tsk.…

Hard argument, right?

Judging from this trial, no matter how the defendant made his statement, it was very weak.

At most, it can only alleviate some of the adverse effects.

But in fact, there is no escape from the situation of inaction.

Why do you say that?

Because what Su Bai stated just now was very clear.

The conditions for inaction are not stated by the defendant. Action is an act.

Rather, it is necessary to proceed from the perspective of the complainant to determine whether the results of the complaint have been implemented.

Or it may be discovered through investigation whether the complaint is genuine and whether it has been dealt with in a timely manner and provided relevant replies.

to be honest--

The general meaning is that if the content of the complaint does not conform to the true situation.

As the relevant administrative department, there is no need to deal with it.

But if the content of the complaint is true.

And corresponding penalties should be imposed in accordance with relevant laws and regulations.

Then the jurisdictional department should implement relevant matters in accordance with laws and regulations.

If it is not implemented in place, it is a case of inaction.

According to legal provisions.

The manifestations of inaction generally include refusal to perform, failure to reply, delay in performance, etc.

Just like "acting indiscriminately", it may infringe or damage the legitimate rights and interests of the complainant or other persons.

You should admit your mistakes and apologize.

It also includes the possibility of being notified and criticized, and receiving corresponding administrative compensation and other responsibilities.

The subject has certain legal responsibilities to restore its reputation and eliminate its impact.

This is a constitutive element of omission.

Of course, it also includes a series of factual conditions such as whether the main unit is an administrative unit.

The above defendants all belong to its essentials, and there is no objection to this point.

so.…

Do the defendant parties fulfill their obligations?

No!

There is no legal and regulatory punishment at all for Dafa Supermarket, which means that it has not exercised its responsibilities and obligations.

It is the same as saying do nothing.

Rather than what is stated in the remaining words, my actions represent my actions.

That's not what the law says.

Because if we follow this rule.

When exercising administrative power, you can completely delay without any restrictions!

The statement made by the attorney appointed by the general defendant completely eliminates the issue of influence and liability.

It does not represent the act of possessing something.

Su Bai looked at the defendant's attorney's seat and said:

"Judging from the statements made by the defendant's attorney."

“The content of its statement is completely outside the scope of the law and stipulates conditions for administrative inaction.”

"So we apply for actions against the defendant's unit."

"Make judgment!"

Regarding this issue, Su Bai did not want to elaborate further.

Because it makes no sense...

The nonsense the other party talked about is no longer within the scope of the law.

So just ask the presiding judge to make a decision.

And the other side.

On the bench, whether to sentence or not to sentence, this matter put Peng Guangliang into a dilemma.

If according to the plaintiff's statement, then the defendant's four relevant units.

All can be judged as laziness and inaction.

Can it be judged?

Peng Guangliang frowned slightly, feeling that this trial seemed too difficult.
.

....

PS: Please give me a monthly ticket~

(End of this chapter)