307 court session
After a few days in the hotel, it was finally time for the trial, and early in the morning, Lawyer Dong drove over to pick up Lin Fei and the others, and rushed straight to the Yau Ma Tei Court in Xiangjiang.
Lin Fei is so old, it is the first time to fight a lawsuit, and he is inevitably a little nervous, and Bao Qing is the same, he will attend as a witness this time, and he will testify in court, which is also a little nervous.
The only person among the three who has experience in litigation should be Lin Andong, when Lin Andong ran the medicinal herb business in his early years, because of business conflicts, he also fought a lawsuit with others, but that was in the mainland, and the law of Xiangjiang is a little different after all, and the legal systems of the two are not the same system.
Along the way, Mr. Dong was also talking to Lin Fei about the trial procedure, which is different from the interrogatory-style trial procedure in the mainland, and the adversarial trial procedure adopted by Xiangjiang is Party A, the plaintiff in the civil case or the public prosecutor in the criminal case, and Party B, the defendant's lawyer.
Specifically, the opposing party presents its own evidence, examines its own witnesses, cross-examines the opposing witnesses, and finally argues with each other, while the judge's trial method is not active investigation, but more like a passive arbitrator.
In 1845, the "Regulations on the Attribution of Jurors and Juries" was formally adopted, which is also the most important part of the judicial system of Xiangjiang.
Lin Fei is still quite curious about this judicial system that is very different from the mainland, he has only seen it in Hong Kong dramas and American dramas before, but he is not very clear about the specific role that the jury system can play.
"Lawyer Dong, does this jury system play a big role?" Lin Fei asked.
Lawyer Dong nodded and explained: "In any civil and criminal trial, the number of juries will not be less than five, under normal circumstances, it is seven, if necessary, the judge can also increase the number to nine, the jury will not be subject to any interference and control, can determine the facts according to their own reason, and fully reflect democracy in the trial, and the jury's opinion is very important, to a certain extent, it can determine the verdict." ”
"Are these jurors going to be bought? Or rather, someone arranges them. Lin Fei said.
"No, there will be a number of candidates for jurors before the jurors are determined, and the Registrar will assign a number to each prospective juror, and then write the number on a card, and draw the numbers openly in the public court until a jury can be formed. Lawyer Dong said.
"It sounds like a lottery. Bao Qing said with a smile.
That can also be understood in this way. Lawyer Dong said.
Half an hour later, Lin Fei and others finally arrived at the Yau Ma Tei Courthouse in a commercial vehicle, to be honest, the area of this court is really not large, and the appearance of the building looks a little old, not even as good as the courts in third-tier cities in the mainland.
In addition to Lin Fei's three people today, Zhang Ying will also be present to observe, Chen Ting was unable to come because of something in the equestrian club, but she also called Lin Fei early in the morning, and wished Lin Fei good luck, as for Situ Dongmei, her identity is a little special, and she is also a witness to give testimony in this trial.
The most surprising thing for Lin Fei was that George also came to the court.
"Hi Lin. George greeted.
"George, why are you here?" Lin Fei was a little surprised.
"I'm here to cheer you on, cheerleader from the United States. George put his right hand on his chin and made a gesture.
"Thank you. Lin Fei said.
"Good luck. George patted Lin Fei on the shoulder.
The reason why George came to the court to observe the hearing was to listen to Situ Dongmei's opinion, and in Situ Dongmei's words, today's lawsuit will definitely cause a sensation in Xiangjiang and will be beneficial to his follow-up interview.
"Mr. Lin, the court is about to start, we have to go in. Lawyer Dong pointed to his watch and said.
"Good. Lin Fei answered and followed George into the courtroom.
The area of the courtroom is not very large, it is estimated that it is only about 100 square meters, and the position is also different from that in the domestic court, the original defendant and the defendant sit opposite each other, and the judge sits in the middle, but the courtroom scene in Xiangjiang is different, the original defendant sits side by side, the judge sits opposite, and the jury sits on the right side.
Lin Fei sat in the plaintiff's bench when a man walked in with 20 people, and Lawyer Dong explained in a low voice that the man was a clerk and the 20 people he brought in were candidate jurors.
About half past ten, the clerk came to the front desk and shouted, "The judge has arrived, all stand up!"
Suddenly, there was silence in the courtroom, and everyone stood up to show their respect for the judge, who wore a white wig and a black robe, and looked like an exaggerated drama actor, but on this occasion it was extremely solemn, and no one dared to show disrespect.
Taking advantage of this opportunity, Lin Fei also took a look at the person sitting in the defendant's seat, it was the investigator with sunglasses, he not only arrested Lin Fei, but also conducted a surprise interrogation of Lin Fei, Lin Fei remembered that he should be called Yang Zhen.
At this time, the court has begun to draw lots, and the clerk draws a note, reads out the name and identification number, and the person who is selected stands up, and the defendant chooses whether to stay, and if the defendant does not agree, the juror can also be replaced, but there are only five chances.
In the end, a seven-member jury was formed, and then the oath was read, and the trial was officially opened.
The judge briefly introduced the facts of the case and asked the plaintiff's lawyer to present the case and present evidence.
Lawyer Dong described in detail the process of Lin Fei's arrest and interrogation by the Independent Commission Against Corruption, and then Bao Qing and Situ Dongmei also provided testimony as witnesses, and finally lawyer Dong summarized his testimony and sued the Independent Commission Against Corruption for restricting personal freedom, damaging reputation, and dereliction of duty, and demanding compensation of 2 million for mental damages.
Subsequently, the lawyer of the Independent Commission Against Corruption raised objections, first of all, he pointed out that the reason why Lin Fei was arrested was because someone reported that Lin Fei was suspected of manipulating horse racing behind the scenes, and according to the clues they obtained, the congenital lack of heart and blood of the black fox was a recognized terminal disease in the horse racing industry, and the black fox won the championship of the race, and it was with this evidence that Lin Fei was suspected of lying about the black fox's illness and was suspected of manipulating the horse race behind the scenes.
Subsequently, as Lin Fei guessed, the focus of the debate between the two sides was whether the condition of congenital hypocardiac insufficiency belonged to the terminal disease of the horse medical profession, and whether it could be used as evidence for the arrest of Lin Fei, among them, there was dereliction of duty.
For this trial, George listened with relish, and his eyes lit up, because the focus of this court debate is precisely the focus of George's interview, as long as this trial can cause a sensation in Xiangjiang, his interview will also receive more attention, and even can cause a shock to the entire horse medical community.