Chapter 103: Guilty OR Not Guilty (2)

Afraid that he would really become the first official ape to be intimidated by the leadership, Peng Qingxi became angry and took a leave of absence for half a year before he passed the judicial examination and became a prosecutor in the Public Prosecution Department.

Zhuang Zhu despised the couple extremely and once concluded that they were not the same people and would not enter the family.

After Zhuang Zhu finished complaining, he looked at Huang Yixi with a sympathetic expression, "Look at what kind of people you have met, have you gone to tell your fortune, are you lacking virtue in the five elements, this physique is easy to attract cows, ghosts, snakes, and gods!"

“……”

It is the norm for criminal cases to be tried in court, and it is an accident not to hold a trial. In the second-instance procedure of criminal proceedings, the trial was an "accident".

Before the trial, Judge Chen had said to Huang Yixi that there was no doubt about this case and that there was no need to hold another trial, which reduced the trouble for the parties and saved the examination and approval resources, and criticized the abuse of litigation resources by some lawyers for more than half an hour.

Huang Yixi was accused of scolding Huai for so long, but still did not change his face, but only repeatedly put forward the provisions of article 223 of the Criminal Procedure Law, that the second-instance people's court shall form a collegial panel and hold in-court proceedings in the following cases:

(1) Appeal cases in which the defendant, private prosecutor, or their legally-designated representative raise objections to the facts and evidence ascertained in the first-instance trial, which might impact the verdict or sentencing;

Judge Chen's reluctance to hold a trial shows that he also believes that the facts of the first instance have been clarified, and that the appeal of the plaintiff is just a kind of luck to reduce the sentence, so although he knew that the complaint would be changed, Huang Yixi still tried his best to raise objections from the facts and evidence of the first instance, and applied to Judge Chen for witnesses to appear in court.

Experienced lawyers know that there are more chances for the second instance to be tried in court than not to have a trial and the verdict to be changed, which is also the reason why Huang Yixi strives for a trial.

Berman, a well-known contemporary American jurist, said in Law and Religion: "Law, like religion, originates from public ceremonies, and once this ritual is terminated, the law loses its vitality." ”

In the whole process of the trial, the procedural declaration, the interpretation of rights, the striking of the gavel, the way of calling each other in the form of litigation status, and the declaration of this as a sacred judgment in a ritualized way, conveying fairness and justice with etiquette, and summoning people's faith and respect for the law.

In this solemn ceremony, reverence for the law and faith in the rule of law will arise. Whether it is a judge, a prosecutor or a lawyer, since putting on the uniform that represents his identity, he is no longer the ordinary citizen in society, who is struggling in a hurry in life.

Even if there is not a single audience in the audience watching the trial.

After the routine ascertainment of the appellant's situation and the reading of the rights and obligations of both parties, Judge Chen finished reading the first-instance judgment and asked Chen Daya: "What about your appeal petition or the above reasons?"

Chen Daya pursed her lips, her lips were dry and peeling, and blood oozed out, she looked up at Judge Chen, and pleaded sincerely, as if facing the gods and Buddhas on the shrine, "Please let me go, I didn't do anything bad." ”

As soon as the words fell, tears burst out of his eyes.

Seeing too many such parties, Judge Chen had no waves in his heart, and didn't want to waste any more time, so he looked at Huang Yixi, "Please ask the defense lawyer to speak." ”

Huang Yixi picked up the appeal petition that had been prepared long ago, "The appellant is dissatisfied with the criminal judgment of the Qingxi County People's Court of Baishui City, Minyue Province (2017) Min 0524 Xingchu No. 345 for assisting in the organization of prostitution, and now appeals. ”

Appeal requests: 1. Revoke the criminal judgment of the Qingxi County People's Court of Baishui City, Minyue Province (201X) Fa Xing Yi Chu Zi No. 345; ”

"Defender, this is not the case with the appeal request you submitted before, why did you temporarily change the appeal request?" Peng Qingxi immediately stood up and challenged Huang Yixi without Judge Chen's permission.

This is your line!

Huang Yixi was slandered in his heart, but he looked at Judge Chen on his face, revealing a well-behaved and harmless smile.

"Counsel, please explain the reasons for changing the appeal request. Judge Chen, there are a lot of them, you don't have to provoke me to be fooled.

"After submitting the application for appeal, the defender searched for it many times, deliberated repeatedly, and found that my client did not have the facts of the crime, so he submitted a request for a not guilty defense. ”

"You are lying, your Binbin Law Firm's senior partner meeting denied your appeal request, and you only changed your appeal request in court today in order to seal the appearance of the crime and defend the crime, and the defender did not comply with the resolution of Binhai Law Firm, which is a manifestation of disorganization and indiscipline, please ask the judge to declare the end of the trial and dismiss the appeal. ”

Ma Dan, this is a shameless face, you are so stupid, do your wife know?

Huang Yixi read word by word with a straight face, "Article 35 of China's Criminal Procedure Law stipulates: "The responsibility of the defender is to submit materials and opinions to prove that the criminal suspect or defendant is not guilty, that the crime is minor, or that his criminal responsibility is reduced or exempted from criminal responsibility in accordance with the facts and law, so as to safeguard the lawful rights and interests of the criminal suspect or defendant." ”

Huang Yixi looked at Peng Qingxi, and continued to chant Shangfeng's sword again expressionlessly.

Article 31 of China's "Lawyers Law" also stipulates: "Where a lawyer serves as a defender, he shall, on the basis of the facts and the law, submit materials and opinions on whether the criminal suspect or defendant is not guilty, the crime is minor, or the criminal responsibility is reduced or exempted, so as to safeguard the lawful rights and interests of the criminal suspect or defendant.

Peng Qingxi hates the person who can read the most in his life, he belongs to the person who reads "Ouch Mom, Brain Pain, Brain Pain, Brain Pain .......", so he is determined to marry a scholar as his wife.

Now when I hear that there is a woman who can recite scriptures better than my wife, I suddenly become poor in words, even if I am a novice in the legal profession, I also understand a truth, the constitution is supreme, and the superior law is superior to the lower law, not to mention that this is just the law firm's own rules and regulations.

He immediately understood why his wife would stick to her.

"You ....... you .......", Peng Qingxi came back to his senses after a while, "Then why don't you communicate with me before the trial?"

Peng Qingxi was aggressive: "You only changed the litigation request at the beginning of the trial, you don't respect me as a prosecutor at all, this is a manifestation of disrespecting the law and playing with the law, and it also brings trouble to my defense work. ”

Peng Qingxi thought fiercely, do you think that you will be able to violate the resolution of the law firm by holding a court session now? You think you will say that I will report it, sorry, your dream is shattered.

"This ...... Defender, do you agree to the prosecutor's request?" Judge Chen looked at Huang Yixi.

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