Chapter 168 Fierce Plea, Not Guilty? What Are You Thinking About? !

The trial begins.

All parties are seated.

In the defendant's seat, Qian Wei quietly stared at Su Bai in the prosecutor's seat.

to be honest!

He really couldn't figure it out...

He used to make the same judgment in the past, and there was no problem with it. But now, does it not work? !

Although he is now being prosecuted, Qian Wei still believes that he will not have any big problems.

And his defense lawyer is no ordinary defense lawyer.

Qian Wei still believes in Liu Jun's hard power.

But what he knew was that many judges and trial assistants had troubles.

The first thing they will think of is asking Liu Jun to represent them in a lawsuit, and most of them will not be found innocent.

It is also possible to reduce the sentence by at least one or two years, and even for misdemeanors, it is possible to get a suspended sentence.

Qian Wei had already talked with Liu Jun before.

Liu Jun believes that there is no problem in defending innocence in this lawsuit.

But at the same time.

Private legal fees are also very high.

But it's all worth it...

Qian Wei thought silently in his heart.

Su Bai noticed Qian Wei's gaze.

Naturally, he knows what the other party is thinking. Is Qian Wei thinking about today's court trial? Will he definitely not be found guilty?

Actually.

When filing the case and initiating a public prosecution, the procuratorate and the court were inclined to rule that Qian Wei was derelict in his duties and violated the law. Otherwise, the prosecution would not have been initiated.

but.…

The breakthrough evidence mentioned by the review department... is the most critical.

Qian Wei wants to win the trial with a court defense, so as to achieve the goal of innocence.

Today he is sitting in the court hearing. Qian Wei will definitely not be able to escape after eating from the big pot.

It’s just a matter of how many years.

As for innocence? Don't even think about it.

.

….….

After the clerk read out the court discipline, the presiding judge entered the court.

Three members of the collegial panel entered the court hearing.

Boom!

"please sit down!"

"The court is now open!"

The presiding judge, Ren Yuandong, banged his gavel, looked around at the details of the trial scene, and spoke slowly.

Swish, swish, swish.

All members sit down.

The presiding judge Ren Yuandong continued to speak:

"This case was designated by the High Court to be transferred to this court for trial, and this court has jurisdiction over the case."

"Let's start verifying the identities of those who appear in court."

Verification of the identity of persons appearing in court is simple and fast.

In addition to Guan Tong, there is another prosecutor named Lin Feng.

Liu Jun's assistant is named Zhang Feng.

After verifying the information of the court personnel.

The presiding judge, Ren Yuandong, scanned the litigation materials and spoke:

"This case is being heard by Chang City Intermediate Court. The members of the collegial panel are: presiding judge Ren Yuandong, judge Yin Wenhui, and judge Tang Lin."

"The cause of this case:"

"The defendant Qian Wei, as the presiding judge, failed to exercise his correct legal rights and seriously violated the facts and law in his judgment, which had a serious impact on the parties."

"He was prosecuted for this."

"Prosecutor, is the case true?"

"Judge, it's true."

The case was read out.

Boom, boom, boom!

Ren Yuandong banged the gavel:

"The case is true. Now please ask the prosecutor to state the lawsuit application or legal basis for Qian Wei's illegal and criminal behavior."

"Good judge."

The person in charge of the prosecution, Guan Tong, nodded seriously and spoke.

He took a few pieces of information from Lin Feng's hand, put them on the table, and made a statement.

"The prosecutor discovered through the report and investigation of the Zhang Dahu case...

As the presiding judge at the time, Qian Wei's judgment on this case was seriously out of touch with reality, causing serious factual consequences. "

"Violates the basic definition of the law."

"The judgment was not made based on the principle of who claims the evidence in the Civil Procedure Law, and it deviated from the content of the law."

"The application of the law is wrong, and the judgment is based on strong personal subjectivity and does not follow legal facts or evidence, which has caused serious harm to the credibility of the judiciary."

"Therefore, the prosecutor launched a public prosecution against Qian Wei and determined that he violated Article 399 of the crime of malfeasance in criminal regulations."

"Civil and administrative violations of law."

“According to the provisions of Article 399, the crime of civil and administrative abuse of law: in civil and administrative trial activities, who deliberately violates the facts and legal basis and makes a abuse of law, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.”

"The prosecutor believes that Qian Wei's wrongful verdict is a serious one and recommends a sentencing of three years in prison."

Guan Tong turned over a page of litigation materials and looked up at the presiding judge's seat.

"Presiding judge, the prosecution has finished its statement."

Boom!

The gavel struck.

After listening to the prosecutor's opinions, Ren Yuandong set his sights on the defendant's seat.

As the public prosecutor, the prosecutor has the right to recommend sentencing for the accused criminals.

However, whether to adopt or not is the decision of the collegial panel and the presiding judge, and the prosecution's accusation is only a basis.

Ren Yuandong spoke: "The prosecution has finished its statement."

"Now the defendant is invited to state the legal facts on which the lawsuit is filed and based."

"Good judge."

Liu Jun nodded lightly.

As a litigator who is proficient in official crimes and dereliction of duty.

I have seen many lawsuit applications filed by the public prosecutor, and they are generally similar.

He has full confidence in this lawsuit application and Qian Wei's innocence defense.

Basically, there won't be any big problems, and it's impossible to have any big problems.

Faced with the question from the presiding judge Ren Yuandong.

Liu Jun spoke slowly: "President, we do not agree with the prosecutor's statement. I believe that our client Qian Wei is not guilty."

"Our litigation application and factual basis are as follows."

"1: According to the definition of the crime of miscarriage of justice:"

"(1) Performance is: civil behavior that violates facts and laws."

"(2) The object is: the normal trial activities that affect the trial department."

"In 2006, the Supreme Procuratorate issued and implemented clear standards for filing cases of illegal adjudication:"

"(1) A violation of the law, causing a close relative of the party concerned to commit suicide, self-mutilation resulting in serious injury, death, or mental disorder."

"(2) Causing direct economic losses of more than 100,000 yuan to personal property, or direct economic losses of less than 100,000 yuan, but indirect economic losses of more than 500,000 yuan."

"(3) It is targeted at enterprises and organizations, causing direct economic losses of more than 200,000 yuan to the property of legal persons or other organizations, direct economic losses of less than 200,000 yuan, and indirect economic losses of more than 1 million yuan."

"(4) Forging and altering relevant materials and evidence to create an unjust, false and wrong case."

"(5) Collusion with the parties to create perjury, destroy evidence or tamper with trial transcripts."

"(6) For selfish reasons and selfish interests, knowingly admitting evidence that is forged and altered, or deliberately not accepting evidence that should be accepted, or deliberately violating legal procedures, using wrong laws and regulations, and making wrongful judgments."

"As for the main elements, there is nothing more that needs to be stated. This case constitutes the standard for the main elements."

“But regarding the subjective elements of this crime, it is determined that Qian Wei’s judgment was a violation of the law. Qian Wei must make the judgment intentionally to be determined as a violation of the law.

That is, knowing that one's behavior violates the facts and the law and constitutes a violation of the law, but still does it. If it is a negligence, it cannot constitute this crime, but is classified as the crime of dereliction of duty among the crimes of dereliction of duty. "

"In accordance with the evidence submitted by the prosecutor and the charges against our client."

"There are two points based on it, namely (2) (6) causing economic losses of one hundred thousand yuan of personal property, and the application of wrong laws and regulations."

"but.…."

“First of all, when the facts are unclear, Qian Wei’s judgment did not receive any clear evidence to prove that his judgment was wrong.

I would like to ask the prosecutor, is it unreasonable to use the two points (2) and (6) to judge our client Qian Wei as a violation of the law? "

"As stated by the prosecution."

"To make a judgment without sufficient evidence is against the interests of legal fairness and justice. So, does the prosecution's accusation against us also violate the legal rights of our client and violate the interests of legal fairness and justice?"

"Based on a high degree of probability, if both parties do not have sufficient evidence, the presiding judge can make a judgment based on the objectivity of the factual conditions."

"We may have a certain misunderstanding of the objectivity of the facts, but there are no problems with the laws and regulations followed, so it does not constitute the subjective element of the wrongful ruling."

"Presiding judge, the above is our statement and defense in the lawsuit. We apply for a verdict that Qian Wei is not guilty."

Liu Jun clearly stated the lawsuit application word for word.

Facing Liu Jun's lawsuit application, Guan Tong frowned slightly, but he didn't pay much attention to it. Although the other party's defense was well-founded, there were still certain problems.

The judgment seat, the seat of the presiding judge.

Boom!

Bang the gavel.

"Does the prosecution have anything to add...?"

Ren Yuandong looked at Su Bai's position and asked.

"There is a presiding judge."

Su Bai nodded.

Liu Jun's statement was very complete, and it can be said that he stated all the conditions for a wrongful judgment.

And he refuted the content of the prosecution's accusation one by one.

Without knowing the facts, it was determined that there was insufficient evidence to prosecute Qian Wei, and that this was a violation of Qian Wei's legal rights?

That seems to make sense.

But it's actually all farts!

Why do you say that?

Because the other party is confusing the concept.

First of all, the content submitted by the prosecutor actually said that Qian Wei did not make a judgment based on the principle of who claims to give evidence.

They made a judgment without evidence and fined Zhang Dahu 400,000 yuan.

Liu Jun did not mention a single evidence tendency that was unfavorable to Qian Wei.

It’s entirely a defense from other aspects.

In fact, in this trial, there were other more critical pieces of evidence, but the prosecutor did not state them in the lawsuit application.

That is... In the first-instance case of Zhang Dahu, Qian Wei took the lead in the verdict intention of the collegial panel members.

And two other members of the collegial panel raised the point that whoever makes the claim should provide evidence, and there is insufficient evidence, but they were rejected by Qian Wei.

Why deny?

Of course, there is one more important piece of evidence.

According to the investigation by the supervisory department, Qian Wei and Chen Meixia’s third son had phone calls on the eve of the trial and also had phone calls after the trial.

This is one of the main reasons why the prosecutor filed a public prosecution!

The prosecutor did not raise this point in the lawsuit application because there was no need to raise this point in the first lawsuit application.

Liu Jun did not mention this point deliberately.

Because he knew that this was very detrimental to the client Qian Wei.

at the same time.

This is an important condition for determining subjectivity.

.

….

After clarifying his thoughts, Su Bai began to make a statement:

“We applied to reject the lawsuit application filed by the presiding judge against the defendant.”

"First of all, the definition and constitutive conditions of the crime of civil and administrative abuse of law, as well as the subjective and objective circumstances proposed by the lawyer entrusted by the defendant, have been explained very carefully. I will not continue to elaborate here."

"Based on (2)(6)"

"From the defendant's point of view, Qian Wei is indeed not guilty of perverting the law, but the defendant has a very confusing point."

"The defendant entrusted an agent to supplement the lack of evidence by arguing that Zhang Dahu's case could not prove that Zhang Dahu acted bravely."

“From now on, we will safeguard the correctness of Qian Wei’s judgment.”

"However, the defendant's attorney ignored a very important point, that is, Qian Wei could not decide that Chen Meixia won the case because of sufficient evidence."

"Since there are insufficient facts and evidence, why did Qian Wei decide that Chen Meixia won the case? What did he base it on?"

“During the trial, Zhang Dahu’s side particularly emphasized that whoever advocates should provide evidence. The other two judges also suggested that whoever advocates should provide evidence and there is insufficient evidence to prove that Zhang Dahu hit someone.

Why did Qian Wei not adopt the decision and still determined that Zhang Dahu needed to pay civil liability? "

"What was the reason why Qian Wei didn't adopt it? Why didn't he adopt this point of view and instead adopted the civil proof rule of high probability?"

"The civil rule of proof of high probability means that if the court, based on the review and judgment of the evidence proving the fact to be proved, combined with other relevant facts, believes that the existence of the fact to be proved is highly likely, that fact should be punished in accordance with the law. Identified.”

"In Zhang Dahu's civil lawsuit, neither party has sufficient evidence to provide evidence. According to Qian Wei's point of view, the party with relatively sufficient evidence should be used.

However, the high degree of probability also clearly shows that the evidence of the facts is judged and combined with other relevant facts, it is considered that there is a high degree of possibility.

Is it reasonable to use a high degree of probability combined with other relevant facts and judge a case from the perspective of life experience and social rationality when the evidence cannot be confirmed and confirmed and only a confession is available? "

"In Zhang Dahu's case, the plaintiff Chen Meixia had an oral confession, and the defendant Zhang Dahu also had an oral confession. Under statutory determination, the oral confessions were combined with the actual circumstances."

"Chen Meixia's initial statement was that Zhang Dahu hit her from behind and she saw Zhang Dahu's face."

"But Zhang Dahu hit Chen Meixia from behind. As an old man in her 70s, how could Chen Meixia react quickly and see Zhang Dahu's face?"

"Based on life experience and social rationality, can everyone present think that Chen Meixia, an old man in her 70s, saw Zhang Dahu's face after she was knocked down from the front?"

"An old man with limited mobility was knocked down by a young and strong man, and even fell into a coma. Can he see the other person's face clearly?"

"Does not.…."

"So Qian Wei decided based on life experience, what is this?"

"This is from a personal subjective point of view, using the highly probable nature of the law to deliberately determine and create unjust, false and wrong cases."

"This kind of behavior completely uses the law as a means to promote interests, completely puts the power of interpreting the law into its own hands, and completely tramples on the dignity of the law!"

"As a client, Qian Wei knows best what the judgment conditions are in his heart. Is he worthy of the law?"

"Why did he use a high degree of probability to determine this case instead of using the principle of who advocates and who provides evidence stipulated in the Civil Procedure Law to determine this case?"

“Based on the above factors, we believe that the defense attorney’s application for innocence should be rejected.”

"Presiding Judge, we have finished our statement."

After Su Bai finished his statement, Liu Jun frowned slightly at the defendant's entrustment seat.

Other people at the court hearing also fell into silence.

Especially Qian Wei.

Regarding what Su Bai said, Qian Wei, as the person involved, knew best what it meant.

A high degree of probability serves as the rule of proof in civil litigation.

It is indeed useful when there is insufficient evidence...

Su Bai's words revealed his idea of ​​adjudicating civil lawsuits.

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