Chapter 171 You Say You Are Not Guilty, so You Are Not Guilty? Presiding Judge: Sentence!

Soon, the court recess ended.

The court session continues.

Three members of the collegial panel took their seats.

Su Bai raised his head slightly and looked at the judgment seat, silently thinking:

As long as it is determined that the application of the law was wrong, the trial will be almost over.

The presiding judge made a mistake in applying the law, causing huge losses to the parties. No matter what happens, if he is prosecuted, he will have to go to court!

Trial of three parties.

They were all looking at the presiding judge's seat.

Boom!

The presiding judge, Ren Yuandong, banged the gavel: "The adjournment is over, and the trial will now continue."

"Based on the defenses of all parties, we will now determine whether the application of legal errors in Qian Wei's judgment of Zhang Dahu's case will be judged."

Qian Wei was breathing nervously on the defendant's seat and looking straight at Ren Yuandong.

Just let Ren Yuandong speak: "Qian Wei's judgment against Zhang Dahu in Zhang Dahu's case was obviously wrong in the application of the law."

"Based on the following:"

“According to the highly probable civil evidence proof rules, the judgment is based on the party with relatively sufficient evidence. However, in the Zhang Dahu case, based on the relevant evidence and subjective conditions, Zhang Dahu’s party obviously has more sufficient factual conditions. "

"Clearly it does not meet a high degree of probability."

"From this, it is determined that Qian Wei applied the law incorrectly in the Zhang Dahu case."

Boom!

After the judgment was completed, Ren Yuandong banged the gavel: "Do all parties have any objections?"

Guan Tong was obviously relieved: "We have no objection."

Su Bai: "We have no objection."

Liu Jun frowned and wanted to express his objections, but Chen Meixia's previous performance...even if she opened her mouth to make a statement, she would be rejected.

"We have no objection."

Liu Jun's voice fell.

Qian Wei's breathing stopped for a few seconds, and he felt a tightness in his chest, and then he took a few long breaths before he recovered. At the same time, he kept complaining in his heart, if he had known better, he would not have asked Chen Meixia to come over!

Otherwise, this thing might not have happened!

If Chen Meixia had not stated that way at that time, Su Bai might not have been able to catch the loophole, and the result now would be completely different.

At this time, Qian Wei's heart was full of complaints about Chen Meixia, rather than thinking that he had done something wrong.

.

….….

After the verdict was completed, all parties had different reactions and the trial continued.

Boom!

"There is no objection from all parties, so let's start to determine whether Qian Wei's subjectivity is intentional."

The judgment was perverse, the legal basis was wrongly used, the factual basis was violated, and there was subjective intentional behavior.

After using legal errors for determination.

As for the judgment of subjectivity, it is relatively easy.

Su Bai thought to himself, there is no problem with this case.

Boom!

Ren Yuandong looked at the prosecutor: "Please make a statement from the prosecutor."

"Good judge."

Guan Tong sorted out the materials in his hand and said:

"The prosecutor believes that objective factual evidence shows that Qian Wei had subjective and intentional conditions."

"The specific situation has the following two points:"

“First: knowing that the application of the law was wrong, he still did not listen to the advice of the collegial panel and did not use the civil procedure regulations of who claims and who gives evidence to make judgments. Instead, he used a high degree of probability to judge the case. There is a certain degree of subjective intentionality. .”

"Second: There was a call record with Li Mu, and this case was mentioned in the chat. As a judge, he did not avoid it in time and intentionally contacted the relevant personnel of this case, which is intentional in a subjective sense."

"The prosecution has completed its statement."

After Guan Tong finished his statement, Ren Yuandong looked at the defendant's seat and said: "Now let the defendant's client make a statement and rebuttal..."

"OK."

Liu Jun nodded slightly and raised objections based on the prosecutor's accusation:

"We disagree with the two points raised by the prosecutor about Qian Wei's subjective and intentional performance."

"First of all, how did the prosecutors determine that Qian Wei ignored the advice of the collegial panel and continued to use a high degree of probability to judge the case despite knowing that the law was applied incorrectly?"

"I don't know how the prosecution came to this conclusion."

“Based on what the evidence shows and the outcome of the trial.

Qian Wei's use of a high degree of probability is indeed an error in the application of the law.

But under the circumstances at that time, it cannot be said that he applied the law incorrectly, and it means that he did it intentionally, right? "

"Is there a possibility that Qian Wei's court trial skills were relatively poor, or that he made a wrong judgment due to the influence of objective factors?"

"Based on the above conditions, we do not agree with the prosecutor's accusation against Qian Wei."

"Presiding Judge, we have finished our statement."

Boom!

Ren Yuandong banged the hammer and cast his gaze on the prosecutor's seat.

"Now let the prosecution add some additional information."

"Good judge."

Su Bai smiled after listening to the mutual defense between the prosecutor and the defendant's attorney.

The questions raised by the prosecutor were to the point.

The defense's rebuttal was only a rebuttal to the prosecution's first point.

The rebuttal did have some merit, but he didn't mention the second point at all.

Why not mention the second point?

Because of the second point, the defendant’s litigation attorney also knew that he could not refute it at all.

Regarding this level of relationship, Su Bai said:

“Our statement is very simple, that is, we want to ask the defendant and the defendant’s attorney a few questions.”

"Does Qian Wei know about the relationship between Li Mu and Chen Meixia? They have already talked about this case, so he must know this level of relationship, right?"

"According to the prosecutor's investigation, the private relationship between Qian Wei and Li Mu is relatively good. Why didn't Qian Wei take any immediate measures when he learned that Li Mu was related to the person involved in this case? Avoidance principle?”

"Is it because of my favor?"

"And the most important point is, why didn't Qian Wei listen to the suggestions of the collegial panel members, make a wrong judgment, and use a high degree of probability?"

"In this subjective judgment of intentionality."

"First of all, Qian Wei and Li Mu talked and did not take any avoidance, and then they made a misjudgment."

"Rather than just knowing it after a misjudgment."

"There is a causal relationship between the two, not a causal relationship later."

"As a presiding judge, I have to judge many cases, and the agent of the litigant said that Qian Wei's judgment level may be poor, or there may be certain objective factors."

"However, Qian Wei's judgment skills are poor, but he has served as the presiding judge for such a long time. Shouldn't he understand the most basic principles?

Moreover, he did not adopt the opinions put forward by two other members of the collegial panel. Is this just a matter of covering up the difference in the level of judgment? "

"Why did Qian Wei make this judgment after Li Mu and Qian Wei talked?"

"In addition, there are certain objective factors. I would like to know what objective factors the defendant's attorney refers to?"

Su Bai's eyes fell on Liu Jun, who was silent for a few seconds.

He really couldn't refute the matter of the phone call, because Qian Wei did not adopt the avoidance principle, and he also knew the nature and reasons of the case.

In essence, it was Qian Wei's sophistication and sophistication. He had originally sworn that nothing would happen, but he didn't expect that this time he would overturn.

It is difficult to refute this point.

That's why Liu Jun only refuted the prosecutor's question and did not change the subject in this direction.

Su Bai pointed out this issue sharply in his supplementary statement...

It is indeed difficult to answer.

Actually.

The most important thing in this case is the defense point of whether the law was applied incorrectly.

As for subjectivity?

The subjective point of defense does not appear to be particularly important.

Because the case has been prosecuted, the members of the collegial panel must have focused on the subjectivity aspect.

If the defendant cannot produce sufficient evidence, factual proofs and supporting evidence.

Then, regarding the subjective judgment, the collegial panel can directly determine intentionality.

Moreover, in Qian Wei's case.

Various indirect proofs and direct proofs form a complete chain of evidence, and it is not a single piece of evidence used to accuse Qian Wei of his subjective intentionality.

Therefore, it is difficult to refute.

Liu Jun knew this very well.

After a few seconds of silence, Liu Jun slowly spoke:

"Although it is necessary to judge whether Qian Wei is subjective and intentional, it is necessary to proceed from the objective point of view, but Qian Wei's subjectivity is also very important."

"Otherwise, it will easily lead to a wrong case and a wrong judgment of a good presiding judge."

Su Bai: "????"

What does this say?

It is easy to cause a wrong case and misjudge a good presiding judge?

What is your purpose in saying this?

Do you think the accusation against Qian Wei was a wrongful conviction?

Tsk….

Su Bai retorted without hesitation:

"Then I would like to ask the litigation attorney, from Qian Wei's perspective, his subjectivity is very important, but he only needs to say that he did not mean it, so does it deny objectivity?"

"What about the cases he was wrongly convicted of?"

“What about the parties involved in those cases that he wrongly convicted?

After all, when Qian Wei made the verdict, he didn't even follow the law's stipulations on who made the claim and who gave evidence and the lack of evidence. He just judged Zhang Dahu to bear responsibility in accordance with the rules of proof. "

"Regarding this case, did he care whether it was a wrong case?"

"During Qian Wei's tenure as the presiding judge, did he ever consider the impact that a wrong judgment would have on the parties involved?"

"If you don't pass objective evidence, what else needs to be passed? Because Qian Wei said he was not guilty, so he was found not guilty?"

"If that's the case, what do you need evidence for?"

Faced with Su Bai's question.

Liu Jun did not continue to speak.

On the presiding judge's seat, Ren Yuandong banged his gavel and looked at the defendant for questioning.

"Defendant Qian Wei, regarding the evidence presented to you by the prosecutor and prosecution, do you have any objections to the above objective factual evidence?"

Qian Wei shook his head: "Presiding Judge, I have no objections."

The accusations made by the prosecutor and the prosecution were based on evidence and facts. He really had nothing to refute.

Only after experiencing the defense in this trial, Qian Wei also realized that the defense in this trial had reached the final stage.

He took a deep breath and looked at the seat of the presiding judge.

The presiding judge, Ren Yuandong, took a circle around the trial scene.

Bang the gavel.

"Do the parties have any objections to the above content of the defense or have other arguments to be made?"

Guan Tong: "No objection, no other arguments."

Su Bai: "No objection."

Liu Jun frowned: "I have no other comments."

Boom, boom, boom!

"Both parties have no other opinions in reply. It is now determined that Qian Wei's subjective judgment is intentional."

Boom!

"Does the parties have any objections?"

All three parties stated that they had no objections to this determination.

At the defendant's seat, Qian Wei looked dejected and his eyes fell on his entrustment seat.

Liu Jun noticed Qian Wei's gaze, but did not speak, not even a hint of emotional expression.

He had tried his best on this case. It was only his fault that Qian Wei did not grasp it well during the first judgment in the early stage.

Seeing this, Qian Wei felt extremely regretful and looked towards the presiding judge's seat, not knowing what he was thinking.

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This case must be concluded today~ Because the statement is more exciting, it is divided into two chapters~ Go ahead and type, and try to publish it as soon as possible.