Linnan Intermediate Court.

Waiting room before the court session.

Li Xuezhen's small face was serious, and she exhaled a long breath.

After rearranging the materials and confirming that they were correct, the little face relaxed.

After Su Bai noticed Li Xuezhen's small expression, he smiled and didn't say anything.

Immediately afterwards, under the leadership of the staff, the two came to the scene of the trial.

This time.

It's a dozen two.

First: Fight the defense of innocence.

Second, it is to fight an administrative lawsuit and revoke its administrative punishment.

The difficulty of the case....

Its main point is the defense of innocence.

But the second point, which is also a difficult point....

This case, compared with the previous case, although there is one less party.

But the overall difficulty is really not small.

It's not easy to hit two or two!.

….…

Soon, the lawyers of the parties to the trial entered.

After the three parties were represented and the parties had entered, the clerk began to read out the court discipline.

"One:."

"Two:."

"Three:."

"Four:."

"After the court discipline is read, please invite the presiding judge and the judge to enter the courtroom!"

Accompanied by the clerk's voice fell.

Everyone at the trial stood up!

The presiding judge and two judges walked to the podium.

Su Bai raised his head slightly and looked at the seat on the trial table, judge: Wang Zhihua, presiding judge: Bai An, judge: Xiao Jun.

Presiding Judge Bai An stood on the bench and sounded the gavel: "All of you, please take a seat!" ”

Knock knock.

Accompanied by the sound of the gavel falling.

Boom.

All the members sat in their seats.

After the presiding judge Bai An circled for a week, he knocked on the gavel and rang the gavel: "The trial is now open!" ”

All serious.

Knock knock!

Presiding Judge Bai An rang the gavel again: "Now we will begin to verify the identity of the litigant and the respondent, as well as the parties,"

"Now I ask the appellant to state the identity of the person appearing in court."

"Okay presiding judge."

Su Bai nodded slightly.

The most critical point in this case lies in the determination of picking quarrels and provoking trouble.

At this point.

The opinion of the presiding judge is the most crucial.

For Bai An, Su Bai has a certain understanding, and basically does not have much inclination for this case.

At present, what he has to do is to pass the interpretation of the law, so that the presiding judge's inclination is biased towards their side, and make a judgment!

After thinking about this clearly, Su Bai took a deep breath and continued to speak: "The identity of the appellant's appearance in court"

Meanwhile.

On the other side, Luo Daxiang is also conducting live broadcasts in his legal commentary account.

"This case, the relevant content, we have already carried out the understanding!"

"If you're new here, you can check out the video I posted."

"Today, I will mainly popularize the crime of picking quarrels and provoking troubles for everyone, and the definition of this crime!"

"What about this sin?"

"It is under Article 293 of the Criminal Law, and the parties in this case were convicted of the crime of picking quarrels and provoking troubles because of Article 3 of the Criminal Law."

"Regarding the verdict of the first instance, I have posted it in the last video, and everyone can discuss it freely."

Comment area: "After reading it, I feel very unreasonable, I hope to give an accurate statement!" Otherwise, the verdict would be a joke! ”

"That's right! This matter must be given an accurate statement, otherwise, it is too unreasonable! Nima, the sentence is too infuriating! ”

"Still."

"Wait!"

"Do you old fans look familiar with the lawyer in this trial?"

"Nima. Isn't this Lawyer Su! Familiar! It must look familiar! We've all seen it several times in Mr. Luo's live broadcast room! ”

"Hahaha, huh! I think so! ”

Luo Daxiang saw the content in the comment area and said with a smile: "This time, the content of our live broadcast trial is also a lawsuit entrusted by lawyer Su, and at the same time, this case is also very typical. ”

"You can go ahead and see."

.

….…

On the court court.

The identity information has been verified.

Prosecution lawyer: Mo Xiao.

Water Pipe Station Lawyer: Meng Haiyang.

Both of these are relatively well-known lawyers in Linnan City.

For this case, there is a certain ability to judge.

What's more critical is that when this case was tried in the first instance, the prosecution's lawyer was Mo Xiao!

It can be said that Mo Xiao has a better understanding of this case and Zhang Laidong's conviction of picking quarrels and provoking trouble, and can also confirm that it is basically impossible for the other party to change the verdict.

Mo Xiao remained calm and silent during the trial, quietly looking at the materials.

Knock knock!

On the trial platform, the presiding judge, Bai An, knocked on the law and set his eyes on the seat of the litigant.

"The identity information of all parties has been verified."

"This court has jurisdiction over the case of Zhang Laidong, and this case is heard by the Linnan Intermediate People's Court.

Su Bai: "No objection, no application for recusal." ”

Mo Xiao: "No objection, no application for recusal." ”

Meng Haiyang sorted out the information: "No objection, no application for recusal." ”

Bai An nodded slightly, and after hearing the answers from all sides, he glanced down at the information.

In this case, he has already learned about the evidence submitted by all parties.

The evidence submitted by both the prosecution and the litigant has a clear legal basis!

Whether Zhang Laidong is guilty or not is still subject to the plea of both parties at trial.

As for the administrative complaint filed by the litigant.

Look at this again

After Bai An clarified this idea, he knocked on the gavel again.

"All parties have no objection to this court's hearing of this case, and the cause of action is hereby determined."

"The cause of action of this case: The litigation party appealed to reject the first-instance judgment and defended Zhang Laidong's innocence, and at the same time, raised a protest against the administrative punishment of Zhang Laidong by the water pipe station, is the cause of action true?"

Su Bai looked up at the presiding judge's seat: "Presiding judge, the cause of the case is true." ”

The voice fell.

Knock knock!

On the presiding judge of the trial platform, Bai An rang the gavel: "Confirm that the cause of the case is true." ”

"The parties are now asked to state their claims, the evidence or facts of the proceedings, and the legal basis."

"Good presiding judge!"

Su Bai took a deep breath, the key to this lawsuit is here!

From the litigation materials, taking out the litigation claims that had been prepared long ago, Su Bai slowly stated:

"Presiding Judge, our application for litigation is as follows:"

"1: According to Article 293 of the Criminal Law of our country, the crime of picking quarrels and provoking trouble."

"Only those who undermine social order will be deemed to have committed any of the following acts, as picking quarrels and provoking trouble."

"(1): Assaulting others at will, and the circumstances are heinous."

"(2): Chasing, intercepting, insulting, or intimidating others, and the circumstances are heinous."

"(3): Forcibly taking or arbitrarily destroying or occupying public or private property, where the circumstances are serious."

"(4) Causing a disturbance in a public place, causing serious disorder in a public place."

"According to the judgment of the first instance against our party, it is (3): forcibly taking other people's property, and many times, we challenge this."

"That is, our side applied to revoke the first-instance verdict and change the verdict to not guilty."

"Two: In view of the administrative punishment imposed by the water pipe station on us, we believe that the punishment of the water pipe station is an administrative violation, that is, apply for the revocation of the administrative punishment and make a public apology to our party!"

"Presiding Judge, our litigation application has been stated."

This time, there are only two lawsuits.

The first article is relatively normal and is not guilty, after all, it is a defense of innocence.

But what's the second one?

Is the punishment of the water pipe station an administrative violation?

Tsk tsk.

How dare you say it!

After listening to Su Bai's statement, Meng Haiyang frowned slightly, didn't speak, just looked at Su Bai.

I just thought about what Su Bai said about the administrative violation....

.

….

Bench on the judging table.

Bai An frowned slightly, and then looked at the seat of the party being sued.

"Now I invite the prosecution of the party being sued to make a statement."

Mo Xiao sorted out the litigation materials a little, and then spoke:

"As for the lawsuit proposed by the litigation party, Zhang Laidong is not guilty, and we raise an objection to revoke the first-instance judgment."

"We believe that Zhang Laidong illegally built bridges in this case, and is suspected of repeatedly forcibly taking other people's property, and according to the evidence provided by the prosecution and the definition of picking quarrels and provoking troubles in the legal sense, it is confirmed that Zhang Laidong has constituted a serious circumstance of picking quarrels and provoking troubles."

"We believe that it is best not to jump to conclusions until there is strong evidence to prove it, the law is strict and blasphemy is not allowed!"

"We're done."

After Mo Xiao finished speaking.

The corners of Su Bai's mouth raised slightly, it's best not to jump to conclusions? Is the law rigorous?

Why are you so hard-mouthed!

When I said about the litigation application, I said that I made a presumptuous conclusion, and you said that the law is rigorous?

Okay, okay!

Whether the law is strict or not, you'll find out later!

Su Bai's gaze fell on Mo Xiao's body.

Similarly, Mo Ming's gaze collided with Su Bai's gaze.

Neither of them backed down.

The corners of Su Bai's mouth raised slightly, but he didn't speak.

After Su Bai and Mo Xiao finished speaking.

Presiding Judge Bai An summarized the evidence submitted by the litigation party, that is, Su Bai's side, and the evidence submitted by the prosecution.

Followed by.

set his eyes on Su Bai's body.

"Litigation side, I have a few questions for the evidence submitted by the prosecution and you, and I would like to ask."

"First, how do you prove that Wang Laichun is not forceful"

"Second, what is the basis of the facts you have ascertained?"

"Third, do you have any objections to Zhang Laidong's illegal construction of the bridge and the collection of fees for himself?"

Bai An asked three questions in a row, and Su Bai knew that these three questions were very critical.

Since the presiding judge has pointed out these three questions, it shows that in the presiding judge's mind, these three questions are the key to his intention.

Su Bai simply sorted out the materials, then raised his head slightly and said:

"Presiding Judge, we have no objection to Zhang Laidong's illegal construction of the bridge and his private fees...."

The evidence on this issue is conclusive, and it is impossible to disagree.

But!

The other two questions are the key to the presiding judge's question.

It's just that....

The boundaries between these two key points of the issue are blurred....

Su Bai took a deep breath, and then spoke:

"Presiding judge, in the evidence submitted by our side, Zhang Laidong did not collect fees compulsorily, but most of them took a voluntary way to collect fees."

"There are no repeated forced demands mentioned in the prosecution's indictment...."

"Moreover, the prosecution's accusation that we intercepted the collection of fees and harmed the interests of the masses has no factual basis."

"Because we built the bridge at our own expense, and the interception fee was to compensate for our losses, and we profited from it, but there was no factual basis for intentional crimes in the subjective aspect, and there was no disturbance of social order in the objective aspect."

"According to the Criminal Law, the definition of a crime is that it infringes on the legal rights and interests of others."

"But does our fee infringe on the legal rights and interests of others?"

"Not really!"

"On the other hand, our construction of bridges is convenient for the interests of others."

"It's a good thing, there is no infringement of other people's legal rights!"

"Judging that our side is picking quarrels and provoking troubles, does that mean that in a legal sense, it shows that we have infringed on the rights and interests of others under the law and caused the destruction of social order."

"Then let me ask the prosecutor, if the purpose of our bridge repair is to infringe on the legal rights and interests of others and cause the destruction of social order, then why should we invest in building the bridge to facilitate others?"

"So far, the fees charged by Zhang Laidong do not account for 1/3 of the construction cost.... In addition, we have also waived the bridge toll to some people in difficulty and some people in a hurry, in these matters, do we infringe on the legal rights and interests of others? ”

"Let's talk about the subjective aspect."

"In the execution of the first-instance judgment, Zhang Laidong was sentenced to return all the fees collected."

"After returning."

"Among them, there is a surnamed Li, Li, who handed over the returned property to Zhang Laidong's family again."

"In this process, Zhang Laidong was not there during the whole process, and there was no forced demand."

"Then why is this happening?"

"The reason is that Zhang Laidong's repair of the bridge is a good thing for the nearby villagers themselves."

"It's all voluntary, there is no compulsion, can it be said that others give it voluntarily, and it can be regarded as a forcible demand?!"

"This is completely unreasonable, and it does not conform to the law's interpretation of force!"

"The above is the factual basis for our application to revoke Zhang Laidong's first-instance judgment."

"And all the relevant evidence has been submitted, and the presiding judge can check and confirm it."

Plainly.

In this debate, the prosecution's plea lies in whether Zhang Laidong is forced to make a plea.

He was supposed to be questioned, but through Bai An's questions, he threw the questions back to the prosecution.

The question is inherently ambiguous.

Whoever occupies the initiative has the right to speak.

Judging by the current situation, it is clear that he occupies a certain initiative.

If the prosecution loses the plea and Zhang Laidong changes the verdict, there will be no problem.

If the plea wins.... Well, it's impossible for the prosecution to win!

Mo Xiao frowned slightly after listening to Su Bai's statement.

This.... Is this a direct button for him?

And also threw the question to him?

This....

Buckle the big hat!

PS: Ask for a monthly pass~

(End of chapter)