You became a lawyer and sent the judge in?

Chapter 342 Tendencies from different angles, the presiding judge’s point of view, supervision? Don't be afraid!

Su Bai slapped the table directly and continued to question Jiang Feng who was sitting on the trial bench.

Because Jiang Feng has too strong a tendency in this case.

It is completely inconsistent with the rationality of the judgment and does not comply with the relevant provisions of fair and just legal judgments.

This judgment is not only unreasonable!

And if it is a public trial, it will definitely explode in the legal circle!

Why do you say that?

Because in the legal circle, generally speaking, the presiding judge makes relevant decisions based on the opinions of the defender.

If the opinions comply with legal provisions, then the judgment can be made in accordance with the relevant opinions.

Su Bai has been exposed to many cases, whether they are civil, administrative or criminal.

I have been exposed to all kinds of criminal cases, large and small.

How should I put it? According to the judgment of the legal situation, it does exist.

But it does not mean that he has to make a judgment based on legal circumstances after he has produced relevant evidence.

Now the presiding judge determines guilt based on legal circumstances.

According to what legal situation?

Obviously, he wanted to convict Xia Mingyuan.

It is obvious that there is something wrong with Jiang Feng's judgment just now.

First: Jiang Feng did not accept what he submitted just now. The statements of students and teachers at the school confirmed that the confessions of Wu Yan and other victims were false.

This piece of evidence is a very critical piece of evidence.

Although it has not been authenticated yet.

However, it is entirely possible to conduct an appraisal after the court, and then determine whether Xia Mingyuan is guilty or not.

They directly refused to accept it and determined that Xia Mingyuan had molested and harassed Wu Yan and other victims.

This is equivalent to saying that illegal evidence has not been excluded.

What does that mean.…

This means that Su Bai took out Wu Yan's confession, which may be illegal evidence.

The presiding judge also made no relevant exclusions in accordance with the law.

Secondly.…

As for that issue, there are clear provisions in the Criminal Procedure Law.

Pay more attention to evidence than confession!

After he had raised this issue, the presiding judge still made the judgment according to his legal situation.

Su Bai was also very curious about this legal situation of the presiding judge.

He also wanted to know what the legal circumstances were and what laws and regulations were followed.

The judgment may not be made in accordance with the relevant provisions of the Criminal Procedure Law.
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...

Su Bai looked directly at Jiang Feng on the trial bench.

Jiang Feng, who was on the trial stage this time, had a calm expression when facing Su Bai's continuous questioning.

It was not that he was unaware of these points raised by Su Bai.

Regarding Su Bai's identity, the country's top criminal lawyer.

It has a very high reputation in the short video field.

And the winning rate is extremely high, and many unjust, false and wrongful convictions have been corrected.

This is also the reason why Jiang Feng had to go around in such a big circle at the beginning of this trial before making a judgment.

Although in the court hearing just now, certain procedures were violated in some cases.

However, these procedures are "legal" in the context of supervision.

It won't have much impact on him.

This is also the reason why in this trial, he will make a judgment based on the legal situation.

What is the most critical issue in this case?

How can the judgment be made without affecting the presiding judge?

The most critical issue is the evidence provided by Su Bai to prove that Wu Yan's confession is illegal evidence.

First of all, he does have the right to reject evidence.

Secondly, there will be no penalty for not accepting this kind of evidence.

to be honest--

Based on Su Bai's statement just now, there is simply no objective factual evidence that can prove that Xia Mingyuan committed a crime.

And submitted evidence to prove from the side that Xia Mingyuan did not commit any crime and that Wu Yan and others made false confessions.

But what do you think from the perspective of the presiding judge?

He has a tendency, so how should this case be judged?

First eliminate the evidence.

An unidentified piece of evidence that proves the false confession of Wu Hao and others.

Did he have a reason for his unadopted behavior?

Have!

Why do you say that?

Because is it possible that this evidence was forged by Xia Mingyuan's lawyer?

possible!

So is it possible to reject it?

Indeed, he could have waited for the court hearing to make an appraisal and then adopt it.

But does he have the right not to adopt it directly?

We have the right to!

Did he commit any malfeasance during this process?

not at all.
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....

The second point is that the confessions of Wu Yan and others have been authenticated and are valid and true.

It is also very reasonable to accept the confession.

It is a "reasonable" situation to consider the relevant legal situation from the perspective of the injured party for such non-admissible evidence.

At least it is "reasonable" from the perspective of the presiding judge and the supervisor.

There may be certain problems with the procedures, but at most they only involve "talking" and not even disciplinary action.

Not to mention cases of unfair refereeing.

After all, in some cases, judges need to pursue "result justice" and ignore certain procedural justice.

Even though the matter went online and the public opinion was loud, from the perspective of the judge, there were no problems with his own verdict.

So what impact can it have on yourself?

Jiang Feng also knew in his heart that there was something wrong with the verdict this time.

However, if the appellant cannot produce relevant evidence, it does not constitute a "false accusation".

Furthermore, Su Bai's most important statement is to follow Article 55 of focusing on evidence and not taking confessions lightly.

Judgments must be based on objective facts.

To be honest, every presiding judge has a different view on this point.

Failure to make a judgment in accordance with this law will not affect the outcome of the judgment at all, nor will it constitute other criminal acts.

For example, forcing a woman to have sex against her will.

The determination of this crime is, to some extent, mainly based on oral confession.

Molestation and harassment are also mainly based on women's confessions.

In some cases, it is indeed necessary to rely on evidence, but how to define "credulously trusting confessions"?

The right to define is reflected in relevant situations.

Is a confession evidence?

It is certainly evidence, and in some respects, direct evidence.

Therefore, no matter from which aspect, in his opinion, it is reasonable to reject Su Bai's lawsuit.

For Su Bai, a top lawyer in the country and a lawyer with his own topic traffic, Jiang Feng considered it very comprehensively.

Although there may be certain circumstances in this trial, such as stirring up public opinion on the Internet or attracting supervisory scrutiny.

But after all, the victim is a minor...

Consider public opinion.

As long as the relevant points are clarified in the judgment, there won't be much of a problem.

To be honest...Jiang Feng was concerned about the situation where the country's top criminal lawyer had his own traffic topic.

How should I put it... I also have some concerns.

But looking at the current situation...there is a "tenable" situation on the part of the defendant.

In this case, there is a certain bias, but it is not too outrageous...

Even if Su Bai submitted it for supervision and review, he would not worry at all that he would have any problems.

Because from another perspective, most of the unjust, false and wrongful cases actually exist in case filing and prosecution.

The judgment was applicable to many situations, and he was partial in his heart.

But during this trial, he was not worried that a top lawyer like Su Bai would have any impact on him.

Regarding the content of Su Bai's question, Jiang Feng replied:

"It's based on the victim's confession and the circumstances of the minor."

"When making the judgment just now, the relevant scenarios were stated very clearly."

"The appellant's lawyer considered the issue from the perspective of the appellant, but did not consider the issue from the perspective of the victim."

"If you look at the victim's perspective, especially if you are a minor... it is very likely to cause this situation."

"And Xia Mingyuan's answer just now was very clear. What he said is possible."

"In this case, couldn't he have considered the relationship between teacher and student?"

"From a normal person's perspective, would they have too much physical contact with students?"

"That's the legal scenario I just laid out."

"The criminal procedure also stipulates how to resolve this situation."

"If the appellant's lawyer has other questions, they can discuss it after the trial." "But in this trial, the collegial panel will only give this explanation and will not give another explanation."

dong dong!

The hammer struck, and the sound was heavy and spread throughout the courtroom.

"All right!"

"The trial continues!"

Jiang Feng was very dissatisfied with Su Bai's behavior just now, so he directly expressed that he would not discuss the decision this time.

only.…

If this is the verdict in this trial, the verdict of the first instance will still be upheld.

The sentence will not be increased on appeal.

There is no new factual evidence or charges.

So the appeal to the second instance will have no substantial impact on Xia Mingyuan's sentence.

In this case, Su Bai must fight for more legal rights and interests for his client.

Regardless of the presiding judge's obstruction, Su Bai continued to speak:

"If the presiding judge just made a statement based on the legal situation just now."

"Then there is indeed the possibility of such a legal scenario."

"But we still insist on making judgments based on evidence and legal provisions."

"Otherwise, we have the right to conduct a retrial and appeal in accordance with the law."

What does this mean?

File a review?

Jiang Feng really didn't worry too much about this and ignored Su Bai's statement.

Continue to speak: "The trial continues."

"Now that the determination of the parties has been completed, please begin the court presentation."

"The appellant may refuse to make a statement if he does not wish to do so."

"But it cannot interfere with the order of the court hearing."

"Otherwise, as the presiding judge, I have the right to expel you from the court."

While saying this, Jiang Feng also asked the bailiff at the trial to pay attention to Su Bai.

If Su Bai refuses to speak despite the obstruction, ask the bailiff to take him away from the court hearing.

In this case.…

Su Bai smiled, this is the presiding judge's right in court hearings...

Refuse the client to speak.

If someone opens his mouth, ask the bailiff to take him away from the court hearing.

If you cause chaos or make the matter too big, you may even be charged with disrupting the order of the trial and interfering with the judicial process.

OK OK OK...

It's really good enough.
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....

The trial is still going on, and everyone in the courtroom knows it clearly.

The verdict of the second instance this time will definitely uphold the original verdict of the first instance.

Li Xuezhen said angrily:

"Lawyer Su...isn't the presiding judge of this trial too targeted?"

"Don't let anyone speak!"

"What does this mean?"

Su Bai breathed softly: "Wait a minute..."
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...

This time, the prosecutor's statement was very simple and only made relevant statements based on objective facts.

The statement made by the victim Wang Qin was also from the perspective of the victim being a minor.

As well as the victim's confession and Xia Mingyuan's identity as a teacher, he was charged with guilt.

how to say.…

As the victim's lawyer, Wang Qin did not expect that such a situation would occur in this trial.

Although the other party's lawyer slammed the table, it had no impact on the outcome of the trial.

She never imagined that...as a criminal lawyer from a small town, she could win against the top criminal lawyers in the country.

Sure enough... the right of trial is greater than the right of defense. The best defense is a statement that can impress the presiding judge.

Wang Qin muttered silently in his heart and ended this court statement.

At the court hearing, after Wang Qin finished his statement, Jiang Feng began to ask Su Bai to make a court statement.

Looking at Su Bai, Jiang Feng said:

"Appellant, do you need to make a court statement?"

statement?

Although the outcome of the judgment is generally known, this court statement does not need to be made.

But the attitude that should be expressed still needs to be expressed.

Regarding the court statement, Su Bai directly stated: "We need a court statement."

"Then let's get started."

"Ok."

"During this trial, our statements have always been based on legal interpretations, criminal proceedings, and relevant factual evidence to defend our client."

"But in this court hearing, I took the attitude of the victim's side and the collegial panel into consideration."

"I haven't seen any determination based on the Criminal Procedure Law or objective facts."

"I don't know what kind of verdict this collegial court will make."

"But I know very well..."

"Based on the judgment made by the collegial panel so far, as well as the questions asked and the views expressed by the collegial panel at the trial, they are not based on legal fairness."

"So I would like to ask the presiding judge and the two judges of this trial."

"If you only pursue the justice of the result according to the legal situation and do not pursue the justice of the procedure, then if the verdict is really unjust, false and wrong."

"How to do?"

"I know that the verdict just now has stated that our client may be sentenced to uphold the original verdict of the first instance."

"Although the collegial panel has already made relevant determinations and judgments."

"But for this case, from my personal perspective and as my client's attorney."

"I think both from a legal and objective factual perspective."

"This kind of judgment is very unreasonable."

"My protest is that our client will not sign the confession."

"We will submit a request for retrial to the High Court."

"The above is all my statement and summary of this trial!"

Done.

Su Bai didn't wait for Jiang Feng to react on the court, and stood up and left the appellant's seat!

He had made it very clear just now, protest!

The verdict has already been decided. What’s the point of staying in court and waiting for the verdict?

Watching Su Bai walk out of the court hearing, Li Xuezhen followed Su Bai out of the court scene with a serious face.

At the court hearing.

Jiang Feng smiled after seeing Su Bai's leaving figure.

Even if Su Bai brought it up in this trial, what's the point of all the opinions?

Always emphasize objective facts.

But in cases of harassment and molestation like this, what’s wrong with relying on confessions?

In his opinion, Su Bai did not continue to fight for his client's legal rights.

But in the court hearing, he nakedly expressed his dissatisfaction with this trial and that he did not make the judgment in accordance with the law.

It doesn't make any sense.

Regarding Su Bai's approach, Jiang Feng looked calm.

The outcome of the trial was not announced in court.

Instead, he chose to close the court.

Within the specified time, all parties will be notified of the judgment and the outcome of the trial.

He waited for Su Bai to submit for supervisory review.

He believed that the result of the review would never be what Su Bai imagined.
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....

Walk out of the courthouse.

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

The clouds were gathering, and there was a faint tendency to rain.

"Let's submit it to supervisory review first."

"Oh, okay Lawyer Su!"

Xiao Li looked serious.
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....

PS: Please give me a monthly ticket~

(End of this chapter)