You became a lawyer and sent the judge in?

Chapter 339 Court trial: There are stakes involved, so supervision is useless? Continue the accusati

Chapter 339 Court trial: There are stakes involved, so supervision is useless? Continue the accusation to the next level!

Take the initiative to show that the judicial environment is not very good...

This shows what?

This shows that when this case is submitted for supervisory review at the beginning, it may not have much clues and effect.

In other words, there may be some inaction in the supervisory review and cold treatment.

but.…

What should I say about this kind of case...

Small counties are the courts of first instance.

If you lose the first instance and proceed to the second instance, you need to appeal to the intermediate court.

That is, the Municipal Intermediate Court will conduct relevant review of this case.

And the city can also supervise and conduct relevant investigations on the case.

As for what Xie Hui said about the not-so-good judicial environment, Su Bai told Xie Hui not to worry about it for the time being:

"The judicial environment in small counties is not very good, but first-instance cases are not heard by the basic court, but by the city's intermediate court."

"Then there is the aspect of supervision."

"Since... it is not good to file a malpractice inspection in your county first, then appeal first."

"We will appeal this case to the Municipal Intermediate People's Court for judgment and review the interests involved."

"It will then be handed over to the city supervision for handling. In this way, there will basically be no other situations."

After hearing the method given by Su Bai, Xie Hui nodded:

"Thank you, Lawyer Su. As long as you can help our family Mingyuan and avoid being sentenced, our family will be very grateful."

"You're welcome... Since there are no other issues with this case."

"Then sign the power of attorney first, and then you can file an appeal."

"Ok."

Soon, Xie Hui signed the relevant power of attorney.

After Xie Hui left, Xiao Haibo smiled and said:

"Lawyer Su, this time I have caused you trouble again."

"Xie Hui said that the current judicial environment in my hometown is not good, so it is estimated that this case may also face certain obstacles in terms of procedures and processes."

Su Bai smiled and said, "It's not too much trouble."

However, judging from the circumstances of this case, there are indeed certain problems.

It’s just that the specific size of the problem needs to be determined through in-depth understanding.
.

....

At the law firm, Li Xuezhen placed all the compiled materials in front of Su Bai's desk.

Then he said: "Lawyer Su..."

"I have organized this case according to your request."

"I think this case must involve the family members of the two female students."

"Otherwise... I definitely wouldn't have sentenced him like this!"

"Um.…"

Su Bai agreed with Li Xuezhen's words, but based on the current situation, he decided to appeal first.

At least the first-instance verdict against Xia Mingyuan should be revoked first.

Only then can we make judgments about other situations.

As for whether there will be any other subsequent developments, they will all be based on this condition.

"First go see the parties concerned, understand the situation, file an appeal, and leave the rest for now."

"Oh, okay Lawyer Su,"

Li Xuezhen nodded and spoke.
.

....

Linhai City, Baichuan County.

This is the county seat where Xia Mingyuan is located, and the first-instance case was heard by the Baichuan County Basic Court.

After being sentenced.

Xia Mingyuan is also being detained in the Baichuan County Detention Center.

However, after the Baichuan County Court announced the verdict.

Xia Mingyuan insisted on appealing to the second instance, so he has not yet been transferred to the prison for jurisdiction.

The entire process from the detention center to the client.

I won’t talk about anything else for now…

After Su Bai presented the relevant materials, he wanted to enter the detention center and take a look at Xia Mingyuan, the person involved in this case.

Just waited for nearly a day.

how to say.…

From this point of view, in terms of judicial efficiency.

Not too high.

But it only took some time.

Fortunately, in the end, as Xia Mingyuan's client, Su Bai came to the detention center and met Xia Mingyuan.

Xia Mingyuan has black eyes, is about 1.7 meters tall, and has messy hair.

I don't know if it was because of this incident that I suffered a huge blow. It can be seen that my mental state is not particularly good.

After meeting Su Bai and learning that it was the lawyer introduced by Xiao Haibo.

The whole person's mental state has just returned a little.

After seeing that Xia Mingyuan's spirit had recovered, Su Bai began to ask some questions, such as:

Did you receive any special treatment or encounter other circumstances in the detention center?

Did this really happen when she was accused by a female student.

And so on.

Of course, these questions are asked for relevant purposes.

For example:

The first question mainly involves whether there was any forced confession or mental torture during the process, and whether there was any confession or punishment.

The second is to confirm once again whether any indecency or harassment has occurred.

In other words, Xia Mingyuan had conversations with those female students, or other behaviors could be considered obscenity and harassment.

Regarding this point, Xia Mingyuan repeated it many times:

"During the first trial, the judge asked me if there was any physical contact between me and the female students."

"I said yes."

"Because as the dean of students, I sometimes manage situations where students may touch their shoulders."

"I told the judge truthfully about this matter, and then the judge thought it was obscene."

Su Bai:….

Is this considered obscene?

Is this because the judge really can't find any other situation?

If there are other circumstances, it can be said that the teacher's corporal punishment of the students caused intentional harm.

But from Xia Mingyuan's statement, he was only conducting legitimate educational contacts.

It did not cause any medical harm to the female students.

So it can only be considered obscene?
.

....

After asking about relevant specific matters.

Su Bai asked Xia Mingyuan to wait in the detention center for a while.

Then Xia Mingyuan was informed of the relevant litigation process and details.

Xia Mingyuan nodded after listening to Su Bai telling the relevant situation.

"Okay Lawyer Su... I'll listen to you."
.

....

Get out of the detention center.

Su Bai looked up at the slightly cloudy sky and took a deep breath.

"Let's go...go and find out the situation on the spot first."

Li Xuezhen was confused: "Understand the situation on the spot?"

"Lawyer Su...what do you know about the situation?"       "This case occurred in Beichuan County No. 1 Senior High School. I must go to the school to have a look and understand the relevant situation."

Li Xuezhen didn't know much about what lawyer Su learned about when he went to the middle school, but she still followed Su Bai.

Went to Beichuan County No. 1 Senior High School.
.

....

After it was over, Su Bai breathed a sigh of relief, turned his head and said, "Okay."

"All relevant matters have been prepared and completed."

"Prepare to appeal!"

"Ok!"

Li Xuezhen nodded and followed Su Bai to Linhai City Intermediate Court to submit an appeal application.

In this appeal application, Su Bai submitted new factual evidence and relevant determinations.

soon.

Linhai Intermediate People's Court decided to start court proceedings for the second instance of Xia Mingyuan's case.

And notified all parties.
.

....

at the same time.

In a community in Baichuan County.

A nearly 40-year-old woman heard content coming from her mobile phone.

A trace of anger couldn't help appearing on his face, and he yelled angrily:

"He is in his decades, and he molested a female student. Now that he has been sentenced, he still wants to appeal?"

"What's the appeal?"

"Let me tell you, Xiaoyan's matter must be resolved properly."

"Didn't you say earlier that Xia Mingyuan's behavior constituted harassment of Xiaoyan and was also indecent?"

"Isn't this done?"

"If that Xia Mingyuan had been willing to help our Xiaoyan and return to school, everything would have been easy."

"But since he fired our Xiaoyan, didn't help, and harassed and molested our Xiaoyan, then we must find a way to get him in!"

"I asked you, as an uncle, if you could help your niece..."

A rich male voice came over the phone: "Sister..."

"This case was appealed directly to the Intermediate Court, and the jurisdiction is not within the county."

"I'm just here to inform you... Look at what you're saying now, okay, I'll think of a way."

"But you should also contact the parents of Xiaoyan's female classmate."

"Okay, okay, I understand."

After hanging up the phone, the woman dialed another number. She started by saying a few words.

Later, he talked about Xia Mingyuan's appeal to the second instance.

The other person was obviously more concerned about this matter and didn't know what he said.

After hanging up the phone, the woman had a satisfied smile on her face.

the other side.…

A girl aged sixteen or seventeen came out of the room and spoke:

"Mom, what were you talking about on the phone just now? Was it about me being molested?"

"Yes...that's it."

"The dean of your school has appealed again about this matter."

"Appeal? Appeal for what?"

"It's about not obeying the first-instance judgment and going to the city to appeal. But this has nothing to do with you. I'll let your uncle worry more about it."

"Xiaoyan, don't think too much."

The woman waved her hand, and the girl named Xiaoyan said oh, and then returned to her room.
.

....

Regarding the second trial, after notifying all parties, it quickly entered the trial stage.

This trial involved minors and the defendant raised personal privacy rights.

Therefore, the Intermediate Court decided not to make this hearing public.

Su Bai and Li Xuezhen were sitting in the waiting room, waiting for the trial to begin.

Soon, it was approaching court time.

The relevant staff took Li Xuezhen and Su Bai into the waiting room.

The judgment seat, the seat of the presiding judge.

As the presiding judge this time, Jiang Feng had relevant understanding of the judgment of this court trial.

but.…

This time the trial involves minors...

Forget it, let’s take a look first.

After banging the hammer, Jiang Feng announced the opening of the court, and then asked the appellant to appoint a lawyer to begin stating the reasons for the appeal.

This case is an appeal filed by Xia Mingyuan against the first-instance verdict.

Su Bai, as the attorney, began to state the appeal application:

"Presiding Judge... Our appeal application is as follows."

"Our client, Xia Mingyuan, has objections to the first-instance judgment that sentenced us to molest and molest a minor female. The circumstances were serious and the sentence was three years and six months in prison."

"Apply to overturn the first-instance judgment."

"The following are the reasons for our application."

"First of all, in the first instance judgment, there was no substantive evidence and objective facts to prove that Xia Mingyuan was harassing and obscene."

"Our client should not be punished based on no objective factual evidence."

"Secondly, we believe that in the first-instance judgment, law enforcement and prosecutorial departments have a stake in the victim."

"The court of first instance clearly knew that there was a stake in the case, but did not make a factual avoidance principle."

"So regarding this point, we believe that it is the key issue that led to our defeat in the first instance judgment."

"Because the court of first instance did not allow the relevant parties to avoid the case, it was inconsistent with the process of the trial."

"Based on the above two points, we believe that the first-instance judgment against Xia Mingyuan should be revoked."

"A verdict of not guilty."

"The above is our relevant statement from the presiding judge."

Su Bai finished his statement.

Jiang Feng, who was sitting on the presiding judge's seat, turned to look at the victim's seat and the prosecutor's seat.

This time, the three female students in the victim's seat were present.

The first-instance judgment was revoked for Su Bai's statement.

Jiang Feng thinks it's understandable, but he makes a judgment based on the relevant interests.

This bit...

"I won't mention the relevant stakes for now."

"The court will conduct relevant investigations later."

"This trial will focus on whether Xia Mingyuan is guilty and whether to revoke the first-instance verdict for the time being."

Su Bai frowned slightly at the presiding judge's words.

The stakes are part of the first-instance judgment.

It is a question of whether there is a principle of avoidance.

But the presiding judge directly requested not to mention it for the time being?
.

....

PS: Please give me a monthly ticket~

(End of this chapter)

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