In the statutory sense.

The definition of picking quarrels and provoking troubles is vague.

Basically, there are only three points to be convicted of this crime.

First, it has caused an extremely bad impact, second, one's lawyer is a rookie, and third: there is a problem with the procedure.

It's very difficult to have a problem with the program in this world.

I didn't see that last time, the judges of the first-instance verdict in Guo Xiaojun's case were all transferred from their posts....

Therefore, there are generally no procedural problems.

Of course, in court proceedings.

The main crux of the verdict includes the subjective intent of the judges.

It's a good thing to build bridges.

According to Zhang Laichun, this case was sentenced

It's outrageous!

It's outrageous!

The person sentenced was Zhang Laichun's brother Zhang Laidong.

He was sentenced to six months in prison for funding the bridge repair.

Su Bai took a breath, and then asked, "When you tried the first trial, did you hire a lawyer..?" ”

Zhang Laichun scratched his head.

"This. When we tried in the first instance, we hired a lawyer, but we hired a lawyer casually, and I felt that the level of business was not very good. ”

"We think it's okay if we think we're doing a good thing, but who would have thought that it would be a verdict"

The level of business is not very good, so this question can be regarded as finding the answer.

Public prosecution lawyer, if you are like Lu Wei, in the face of someone who has already filed a case, he is eager to send everyone in, and when he encounters such a person, he will definitely find a way to send you in.

And let's do it.

Picking quarrels and provoking trouble.

If this crime is slightly sidelined, the public prosecution lawyer can completely influence the willingness and inclination of the judges.

Hiss.

This kind of case with a vague crime is really difficult for other lawyers to fight!

After all, the most important thing in the definition of this crime is the intention of the judges.

But

As for this case, it would be outrageous to be filed.

After all, Zhang Laidong's repair of the bridge is obviously a good thing.

If it is not for certain key evidence or other reasons, how can it be filed?

Su Bai asked a few more key questions before he learned what the whole thing had happened.

It turned out that there was a bridge construction company, and there was no public bridge in this place.

I want to apply for a public bridge project in this place.

But there can't be two bridges in one place, so the company discussed with Zhang Laidong whether they could demolish this private bridge.

Zhang Laidong meant that the other party had not built the bridge for the time being, and people had to walk on this private bridge, so they did not agree.

The bridge construction company, without saying a word, reported to the relevant law enforcement departments on the grounds that Zhang Laidong illegally built the bridge and collected fees without permission.

Zhang Laidong was prosecuted.

It is also reported to the relevant authorities.

Zhang Laidong faces an administrative fine of 300,000 yuan.

According to Zhang Laichun's description, Su Bai had a general understanding of the relevant issues and understood the relevant demands.

The appeal is simple.

First: Defend not guilty.

Second: apply for the revocation of the administrative fine.

Facing Zhang Laichun's litigation request, Su Bai nodded slightly.

However, Zhang Laichun's description of the specific situation is not detailed, and the relevant information still needs to be understood through the file.

If there is no dossier

It's hard to say what the situation is.

In addition, he also needs to further understand according to the thoughts of the parties.

After thinking about it, Su Bai spoke: "According to your statement, I already know the general situation. ”

"If you want to file a lawsuit with our law firm, you can sign a power of attorney first."

"With the power of attorney, our firm will be able to proceed with the next step of the investigation."

"Okay Lawyer Su."

Zhang Laichun nodded, then wrinkled his face slightly, and asked:

“.. Lawyer Su, can my brother win this case?

Just don't go to jail.

and the administrative penalty of 300,000 yuan, which is indeed too much for us.

Can there be less? ”

Su Bai pondered for a few seconds and said: "We can only say this, do our best, we can't guarantee it." ”

Zhang Laichun nodded silently: "Okay, lawyer Su, I understand." ”

Soon, the relevant power of attorney has been signed.

Before leaving Haifang Law Firm, Xiao Haibo also stuffed two catties of tea:

"Lawyer Su, thank you for helping me this time, this case involves many issues, and the lawyer's fees are not very high."

"But this is what one of my old customers introduced, and it's hard to refuse."

"Lawyer Su, even if you have helped me a lot this time, I will definitely help if your law firm encounters any problems in civil litigation in the future!"

Facing Xiao Haibo's words, Su Bai smiled slightly at the corner of his mouth.

"Lawyer Xiao is polite."

This time, even if you don't need a lawyer's fee, you can exchange Xiao Haibo's favor.

Nandu Min sued the favor of the senior partner of the top law firm, this is not a loss no matter how you look at it!.

….…

On the way back to Baijun Law Firm.

Li Xuezhen's face was straight, and she remembered the story of this case, and her tone was serious:

"Lawyer Su, I don't understand"

"Why would anyone do this?"

"Isn't it a good thing for people to build bridges?"

"It's so infuriating that someone has reported it."

"It's too much!"

"I think the person who reported it should be sent in!"

Li Xuezhen's little face was angry and puffed up.

Su Bai smiled on the side and said:

"There are indeed certain problems in this case, according to Zhang Laichun, this matter was reported and provided by the person in charge of the bridge repair company."

"I can file a case."

"That shows that the evidence does have a certain legal basis."

"Lack of virtue is quite lacking in morality, but this sentence should be based on relevant laws and regulations, wait until you get the file first, and then look at it!"

"O...."

"Good Lawyer Su"

"Lawyer Su, what I just said is all angry words, I don't want to send people in, Lawyer Su, don't get me wrong"

Su Bai: ???

What you just said was true, okay!

You talk about it.. You see who doesn't want to send him in.

The opposing lawyer, the litigated party, the defendant, and even the presiding judge sitting in the bench, one counts as one, which one you don't want to..?

Now explain these to me

Can you believe it?

Su Bai only roughly went through these words in his heart, and did not say them specifically.

Knowing Li Xuezhen's careful thinking, forget it, you can slowly correct it subtly

But!

If you say it and it aggravates this kind of thinking, then it will be troublesome in the future.

"yes, I see."

"Let's go and get the file of the first instance first."

Seeing that Su Bai didn't care too much, Li Xuezhen exhaled carefully.

Hey.

I was careless just now, I didn't control my thoughts, but fortunately nothing went wrong.

Seeing that Su Bai had already strode away, Li Xuezhen trotted to follow.

Zhang Laidong's case is not in Nandu, but in a county next to Linshi City.

It is called Nanchuan County.

Nanchuan County is under the jurisdiction of Linnan City.

The first instance of this case was also heard by the Nanchuan County Court.

Came to the Nanchuan County Courthouse.

Su Bai submitted the relevant materials and applied for a copy of the dossier.

The relevant staff, after receiving Su Bai's relevant materials, carefully checked it, and then spoke:

"If the relevant file is concerned, it will take about two hours to complete the copy."

"Please be patient."

"Okay, thanks."

Su Bai smiled and thanked him.

After sitting in the hall with Li Xuezhen and waiting for nearly two hours.

The female staff smiled and handed the copied file to Su Bai.

"Hello, this is the file you wanted."

"Thank you."

"You're welcome, it's the job we should be doing."

After Su Bai took the file, he handed it to Li Xuezhen.

After Li Xuezhen put the file in the briefcase, she patted the briefcase:

"Lawyer Su, the file has been obtained, what should we do next?"

"Well, let's go back to the law firm first."

Su Bai nodded slightly.

Now that the file has been obtained, then the remaining question is to look at the file and see if there are any problems, and then go to see the person concerned.

Linnan City is not far from Nannan, and soon, Su Bai and Li Xuezhen took a taxi and returned to the law firm.

And, the dossier was sorted out.

An hour later, Su Bai rubbed his eyebrows and roughly sorted out the contents of the dossier.

And after clarifying the relationship between the evidence and the verdict, after taking a long breath, I had a rough judgment in my heart.

this case.

It's still difficult.

The difficulty lies in the bias of the judges.

Let's start with the verdict of the first instance

The main reason why the first instance trial found Zhang Laidong's picking quarrels and provoking troubles was based on the third point in the definition of the crime of picking quarrels and provoking troubles.

Forcibly or arbitrarily destroying or occupying public or private property, where the circumstances are serious.

Reasons for Determination.

The bridge repair institute occupies public and private property, collects fees, and uses it for its own profit.

The amount of profit reached 30,000 yuan, that is, a sentence of six months in prison.

I have to say

This crime of picking quarrels and provoking troubles is really good.

According to this definition, there is really nothing wrong with it.

But this crime is completely unreasonable and you will be sentenced, and you will not be able to find any fault.

You say you're not guilty?

Good!

I'll just take out the laws and regulations, point them out and read them to you, and then explain them to you.

You still say you're not guilty?

No, why are you so hard-mouthed?

I read it to you in accordance with the laws and regulations, and you still say that you are not guilty?

Talk back?!

Sentence you!

Not only is the judgment judged, but there is nothing wrong with the judgment at all, so that you don't have any way.

Because the verdict is completely in accordance with the law, you can't find any fault.

Hiss.

Let's take a look at the judgment of administrative punishment, without approval, building a bridge without permission, unjust enrichment, and a penalty of 300,000 yuan.

The strength of this fine is also very large, and Zhang Laidong simply can't afford it.

Gee

I have to say that in order to take over the project, the bridge construction company is quite knowledgeable about the law, and it is reported without saying a word, not only reported, but also reported successfully!

TMD。

After Su Bai understood this, he then went through the evidence submitted in the dossier.

After a brief tidying up, he took a long breath.

"Meet the person first!"

.

….…

The next day, Su Bai took Li Xuezhen to the Nanchuan County Detention Center.

After submitting the relevant materials.

For people like Zhang Laidong, who were only sentenced to six months, the detention center did so after reviewing the materials and asking about relevant matters.

The corresponding staff took Su Bai and Li Xuezhen to the summons room.

How to say.

There is no need for people to be sophisticated, the efficiency of this Nanchuan County is still quite high!

Summons room.

After instructing some relevant matters and regulations, the relevant staff said:

"It will take about ten minutes to summon the suspect."

"Okay, thanks."

Su Bai politely thanked him and Li Xuezhen waited quietly in the summons room.

Li Xuezhen's small face is straight.

I admire Zhang Laidong, who has done good deeds in repairing bridges.

Soon.

Zhang Laidong came to the summons room, he was not too old next year, but he looked very old, and the skin on his face was darker than Zhang Laichun.

At first glance, it is the result of years of hard work.

Zhang Laidong's eyes lit up slightly after seeing Su Bai, and then he sat on the stool, looking a little restrained in the face of Su Bai, and eased up for a few seconds before he spoke:

"Hello lawyer, I'm Zhang Laidong."

Su Bai smiled and nodded: "Hello, I am your entrusted lawyer, Nandu Baijun Law Firm, Su Bai." ”

"Just call me Lawyer Su."

"Okay Lawyer Su."

Hearing Su Bai's words, Zhang Laidong's restrained mood eased a lot, and there was a hint of brightness in his eyes.

"Lawyer Su, it doesn't matter if I was sentenced to six months. That bridge is convenient for the villagers to cross the bridge, and I don't charge for profit, as long as someone builds it for the convenience of the villagers, it doesn't matter if it is demolished."

"Just."

"My child went to college, and after I was sentenced, it had an impact on my child's college education"

"I still hope that the law can be seen for my sake, so that it doesn't affect my children's college and the money, it's too much, I can't afford to pay it."

"Lawyer Su, I only need this request...."

When Zhang Laidong spoke, his dark face was completely wrinkled together.

"Whew"

Su Bai looked at Zhang Laidong.

For people like Zhang Laidong, I can't help but have a trace of admiration in my heart.

There was silence for a few seconds.

After sorting out his emotions, Su Bai slowly spoke: "Hmm! I have understood your appeal. ”

"In this case, our law firm will try our best to help you appeal."

"You don't have to think about the rest.... Just leave it to our law firm. ”

"Now the key point is the second trial."

"Do you have anything to say about this evidence? Or is there something to refute, is there any disagreement? ”

Su Bai took out the relevant evidence materials from his briefcase and put them on the table.

After Zhang Laidong took the materials with both hands, he squinted his eyes and looked at the materials that Su Bai handed him seriously, little by little.

When the material is messed up, smooth out the material with a crumpled hand.

Half an hour later.

Zhang Laidong rubbed his eyes with his rough hands, pointed to some problems with the materials, and slowly spoke:

"Lawyer Su, I think there is a problem with the expression of these points."

Su Bai nodded.

motioned for Li Xuezhen to record it.

Li Xuezhen's expression board recorded the problems pointed out by Zhang Laidong.

After completion.

Su Bai looked at the recorded materials, roughly went through them, sorted them out, and put them in his briefcase.

Immediately afterwards, he instructed Zhang Laidong on some related matters.

Zhang Laidong nodded seriously: "Okay Lawyer Su, I will listen to you." ”

After dealing with all this.

Su Bai walked out of the detention center with Li Xuezhen.

After walking out of the detention center, Li Xuezhen had a depressed face and slowly spoke:

"Lawyer Su, I think that Zhang Laidong is really a good person, he shouldn't be sentenced."

"Lawyer Su, we will definitely win this lawsuit, right?"

The corners of Su Bai's mouth raised slightly: "Do you think I will lose the lawsuit?" ”

Li Xuezhen's eyes narrowed into a crescent moon: "Lawyer Su, no!" ”

Su Bai: This is the first administrative-related litigation case, and I will definitely not lose!

PS: Ask for a monthly pass~

(End of chapter)