281. Meet the president of the trial court, I want to complain about the presiding judge of the case!
"The most important point."
Li Chen looked at the presiding judge on the trial bench and continued to speak: "Regarding my reply, one thing revolves around the words and deeds of the civil plaintiff and witnesses, and my client and his family want to accuse them of extortion and marriage fraud.
In this case, they should be present at the trial! ”
In the courtroom.
The three judges looked at each other, each a little shocked.
To be honest, after being a judge for so many years, it is the first time that I have been scolded like this by the defendant's defense lawyer in court.
And most importantly...
What people say makes a lot of sense, and you have no way to refute it at all...
What should I do now?
End the trial and do it according to the other party's plan?
Temporarily suspend the trial and reconvene the trial at another date?
Isn't that a joke...
How can there be a case that has to be reopened at the beginning...
"The defendant's defense lawyer, this trial mainly revolves around the rape case of Daniel Zhang, the woman has other behaviors, you can report to the Armed Forces Association and let them investigate."
"As for the procedural irregularities you mentioned, the presiding judge believes that there are no procedural irregularities and hopes that the defendant's defender will obey the presiding judge's command."
Is it wrong to be wrong?
What's the matter, sing the show first?
"Okay, I'll obey the presiding judge."
At this point, Li Chen didn't want to say anything more.
Where is the department for reporting judges' questions coming from in the court?
He's going to go up there and take a look in a moment.
"The trial continues."
Seeing that Li Chen didn't speak, the other party continued to beat the gavel.
The female prosecutor sitting in the prosecutor's seat re-read her indictment and the evidence.
"Defendant Daniel Zhang, did you rape the woman at that time?"
After the indictment was read out, the court began to question Daniel Zhang in the defendant's seat.
"I didn't rape her, she did it of her own free will."
"You said she was willing, so why did you admit your actions when the woman's mother questioned her?"
"I ...... at the time"
The two asked and answered.
Daniel Zhang's reason was because the other party was his mother-in-law, and he didn't think much about it.
"What is the defense of the defendant's defender?"
"Nope."
Li Chen raised his head and looked at him and replied.
There is also a defense opinion of the hammer, which is quickly over, and I am still waiting to go out and turn left?
The prosecutor was a little speechless.
Her words accusing Daniel Zhang of rape are ready, and you tell me that there is no defense?
And Li Chen's idea is also very simple.
You've all put the verdict on the table, do I still have to reason with you?
If you say it's useless, then don't say it, and save your energy for the next one.
Seeing that Li Chen did not speak, the presiding judge prepared to ring the gavel to adjourn the court and announce the verdict on a later date.
Daniel Zhang's parents did not understand why Li Chen did not issue his defense, and they were also full of concern about their son's situation.
After the presiding judge struck the gavel, Li Chen also stood up and walked out with his reply.
Some things are done according to the rules, and he plans to go to the dean's office first.
If it doesn't matter, reflect it on the sample.
Li Chen was in the reception hall of the court and reflected his request to the reception staff.
After all, the court is a law enforcement unit, and you can't trespass...
The personnel in the reception hall did not hesitate without any hesitation after listening to Li Chen's words, and immediately dialed the internal phone number of their dean's office.
Twenty minutes later, Li Chen was guided by others to the dean's office.
Dean's Office.
Wang Junkang, who served as the president of the D County Trial Court, was also a little confused when he received the following call.
Does a lawyer want to complain about a problem with the judge's handling of a case?
He has been a judge for so many years, and this is the first time he has seen someone complain about a judge.
I didn't hesitate too much when I heard that the other party was engaged to rape case.
After all, there were many issues involved in that case, and he had also received a call from his superiors.
The requirements are simple, just four words:
Impartial...
He attaches great importance to this case, and he doesn't dare to be sloppy, after all, so many people are staring at it...
Five minutes later, there was a knock on the office door.
"Knock knock."
"Come in!"
"Dean Wang, I brought that lawyer."
Judge Wang, who was sitting in an office chair, pushed his reading glasses: "Let him in." ”
Outside the doorway.
Li Chen is now in front of the dean's office, and he is also organizing his own language.
A minute later, he walked into the dean's office after being notified.
"You're the defense lawyer in the engagement rape case?"
Dean Wang looked at Li Chen with a smile: "Sit down." ”
"Thank you."
Li Chen responded with a smile, and then made it to the chair opposite him.
"You want to complain to the judge who is trying the case?"
"That's right."
Hearing this, Li Chen said: "Before the trial of the case began, I submitted an application for the recusal of the presiding judge at the pre-trial conference, and I did not receive any reply from our trial court before the trial officially began, which is the first point.
Second, my client ...... before the trial court opened"
Li Chen repeated his three opinions in court to the dean.
He felt that there was something wrong with this judge...
Dean Wang couldn't help but twitch the corners of his mouth slightly when he heard this.
Your logic is more or less problematic...
How?
It's not as you think, it's the judge who has a problem??
"I'm also following this case."
After listening to Li Chen's opinion, President Wang also began to explain to Li Chen: "First of all, the decisions made by Judge Wang are all made by asking me for advice, and I also agree to go to the plaintiff's family.
The reason why the defendant's family was found was to take into account various circumstances in reality, for example:
The defendant and the plaintiff were engaged to each other, and this kind of marital rape was not well accepted by most people, so it was decided to conduct the trial in camera.
The purpose of asking them to go to the plaintiff to issue a letter of understanding is to cooperate with the relevant laws and policies, to ensure the bottom line of the law while conforming to human feelings, and to give the defendant a reasonable and acceptable criminal law measure. ”
"Is this what our Inquisition means?"
Li Chen was a little confused.
Originally, he thought that the closed trial was the woman's opinion.
"That's right..."
"Is it because it is a hot case, and the follow-up problems involved are very serious?"
Dean Wang understood what Li Chen meant: "We can't deny whether Daniel Zhang really raped the woman, but it is certain that he himself admitted to the crime he committed. ”
"Dean Wang, I don't think Wang Yong raped the other party, this is my defense opinion, please take a look."
Li Chen handed over his reply and then continued to explain: "This case, from the beginning to the end, does not meet the legal characterization of rape cases.
If the case is defined just because of the other party's voice recorder, it is ignoring the criteria for filing rape cases, and the results are also terrible. ”
There are also clear statements as to what constitutes a rape case.
Where the consent of the woman was obtained at the time of sexual intercourse, but the woman later repented for other reasons, it is not against the woman's will and does not constitute the crime of rape...
(End of chapter)