The trial begins.

All parties are seated.

In the defendant's seat, Qian Wei quietly looked at Su Bai in the prosecution's seat.

Let's be honest!

He really couldn't figure it out.....

In the past, he was sentenced like this, and there was no problem, but now that he is sentenced like this, it won't work?!

Although he is now being prosecuted, Qian Wei still believes that he will not have much of a problem.

And his own defense lawyer is not an ordinary defense lawyer.

Qian Wei still believes in Liu Jun's hard power.

It's just that what he knows, there are a lot of judges, trial assistants who have accidents.

The first thing I thought of was to ask Liu Jun to entrust him to act in a lawsuit, and most of them could not be found not guilty.

It is possible to reduce the sentence by at least one or two years, and even for minor crimes, a suspended sentence is possible.

Qian Wei had already talked to Liu Jun before.

Liu Jun believes that there is no problem with the not-guilty defense in this lawsuit.

But at the same time.

Private attorney fees are also very high.

But it's all worth it....

Qian Wei thought silently in his heart.

Su Bai noticed Qian Wei's gaze.

Naturally knows what the other party is thinking, Qian Wei is thinking about today's trial, will he definitely not be found guilty?

As a matter of fact.

When filing a case and initiating a public prosecution, the procuratorate and the court were inclined to Qian Wei's ruling that he was derelict in his duties and arbitrarily adjudicated, otherwise he would not have initiated a public prosecution.

But....

The ..... of breakthrough evidence that the censors say is the most critical.

Qian Wei wanted to win the trial with a court defense, so as to achieve the goal of innocence.

Today, he is sitting in the court trial, and Qian Wei will definitely not be able to run away after eating a big pot of rice.

It's just a matter of how many years to eat.

As for innocence? Don't even think about it.

.

….….

After the clerk has read out the court discipline, the presiding judge enters the courtroom.

Three members of the collegial panel walked into the trial.

Knock knock!

"Please sit down!"

"Court is now open!"

Presiding Judge Ren Yuandong rang the gavel, looked around at the specific situation of the trial scene, and slowly spoke.

Boom.

All members sit down.

Presiding Judge Ren Yuandong continued to speak:

"This case was designated by the High Court to be transferred to this court for trial, and this court has jurisdiction over the case."

"Let's start verifying the identity of the people who appear in court."

The verification of the identity of the person appearing in court is simple and quick.

In addition to one Guan Tong, there is another matching prosecutor named Lin Feng.

Liu Jun's assistant is named Zhang Feng.

After verifying the information of the trial personnel.

Presiding Judge Ren Yuandong swept the opening of the litigation materials:

"This case was heard by the Chang City Intermediate People's Court, and the members of the collegial panel: presiding judge Ren Yuandong, judge Yin Wenhui, and judge Tang Lin."

"Cause of action:"

"The defendant Qian Wei, as the presiding judge, did not exercise the correct rights of the law, and seriously violated the facts and the law in the judgment, which had a serious impact on the parties."

"Prosecuted for this."

"Prosecution, is the cause of the case true?"

"Presiding judge, it's true."

The case was read out.

Knock knock!

Ren Yuandong sounded the gavel:

"The cause of action is true, and the prosecutor is now requested to state the litigation application or legal basis for Qian Wei's illegal and criminal acts."

"Okay presiding judge."

Guan Tong, the person in charge of the prosecution, nodded seriously and spoke.

He took a few materials from Lin Feng's hand, put them on the table, and made a statement.

"The prosecution found through the report and investigation of Zhang Dahu's case.....

As the presiding judge at the time, Qian Wei's verdict on this case was seriously out of touch with reality, causing serious factual consequences. ”

"Violates the basic definition of the law."

"The judgment was not made in accordance with the principle of who asserts the burden of proof in the Civil Procedure Law, and it is out of line with the provisions of the law."

"The wrong application of the law, the judgment has a strong personal subjectivity, does not follow the legal facts, does not follow the evidence, and causes serious harm to the credibility of the judiciary."

"Therefore, the prosecution indicted Qian Wei and found that he violated Article 399 of the crime of dereliction of duty in the criminal provisions."

"Civil, administrative perversion of the law."

"According to the provisions of Article 399, the crime of perverting the law in civil and administrative adjudication: In civil or administrative trial activities, intentionally violating the facts and legal basis to make a judgment in violation of the law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years."

"The prosecution believes that according to Qian Wei's arbitrary judgment, it is a serious circumstance, and recommends sentencing and three years in prison."

Guan Tong flipped the page of the litigation materials and looked up at the presiding judge's seat.

"Presiding Judge, the prosecution has finished its case."

Knock knock!

The gavel sounded.

After listening to the prosecution's opinions, Ren Yuandong set his sights on the defendant's seat.

As the public prosecutor, the prosecutor has the right to recommend the sentence of the defendant's offender.

However, the refusal to accept it was the intention of the collegial panel and the presiding judge, and the prosecution's accusation was only a basis.

Ren Yuandong spoke: "The prosecution has finished speaking. ”

"Now the defendant is invited to state the application and the legal facts on which the lawsuit is based."

"Okay presiding judge."

Liu Jun nodded lightly.

As a litigation lawyer who is proficient in duty crimes and malfeasance.

I have seen many prosecution applications, and on the whole, there is not much difference.

He has full confidence in this lawsuit application and Qian Wei's not guilty defense.

Basically, there will be no big problems, and there will be no big problems.

Facing the question of the presiding judge Ren Yuandong.

Liu Jun slowly spoke: "Presiding judge, we do not agree with the prosecution's statement, and I think our client Qian Wei is not guilty. ”

"Our application and factual basis are as follows."

"1. According to the definition of the crime of perverting the law:"

"(1) The manifestation is: an act that violates the facts and the law in civil affairs."

"(2) The object is: the normal trial activities that affect the adjudication department."

"In 06, the Supreme Procuratorate issued and implemented clear standards for filing cases based on arbitrary judgments: "

"(1) Arbitrarily adjudicating a judgment that causes the latter of the latter to commit suicide, self-inflict self-harm, causing serious injury, death, or mental disorder."

"(2) Causing direct economic losses of 100,000 yuan or more to personal property, or direct economic losses of less than 100,000 yuan, but indirect economic losses of 500,000 yuan or more."

"(3) It is directed at enterprises and organizations, causing direct economic losses of more than 200,000 yuan to the property of legal persons or other organizations, direct economic losses of less than 200,000 yuan, and indirect economic losses of more than 1 million yuan."

"(4) Fabricating or altering relevant materials or evidence, creating unjust, false and wrongly decided cases."

"(5) Collusion with parties to create false testimony, destroy evidence, or tamper with trial records."

"(6) Favoritism or self-interest, clearly knowing that evidence is forged or altered, but admitting it, or deliberately not admitting evidence that should be admissible, or intentionally violating legal procedures and using wrong laws and regulations to make arbitrary judgments."

"There is nothing that needs to be stated about the subject element, and this case constitutes the standard of the subject element."

However, with regard to the subjective elements of this crime, Qian Wei's judgment was that Qian Wei had to make a judgment out of intention, before it could be determined that the judgment was arbitrary.

That is, knowing that one's act violates the facts and the law and is arbitrary, but still does it, if it is negligence, it cannot constitute this crime, but is defined as the crime of dereliction of duty in the crime of dereliction of duty. ”

"In accordance with the evidence submitted by the prosecution and the charges against our client."

"There are two points on which it is based, namely, (2) and (6) causing economic losses to an individual's property of 100,000 yuan, and the application of erroneous laws and regulations."

"But ....."

"First of all, when the facts are unclear, Qian Wei's judgment has not received any clear evidence to prove that his judgment was wrong.

May I ask the prosecution, is it unreasonable to use the two points (2) and (6) to judge our party Qian Wei as arbitrary? ”

"As stated by the prosecution."

"Adjudication without sufficient evidence is contrary to the fair and just interests of the law, so is the prosecution's accusation against us also an infringement of the legal rights of our parties and the interests of the fairness and justice of the law?"

"Based on a high degree of probability, if both parties do not have sufficient evidence, the presiding judge can make a judgment based on the objectivity of the factual conditions."

"We may have a certain misunderstanding of the objectivity of the facts, but there is no problem with the laws and regulations we are based on, so it does not constitute a subjective element of arbitrary ruling."

"Presiding Judge, the above is our defense of the litigation statement, and we apply for a judgment that Qian Wei is not guilty."

Liu Jun clearly stated the litigation application word by word.

Facing Liu Jun's litigation application, Guan Tong frowned slightly, but he didn't care too much, although the other party's defense was reasonable, there were still certain problems.

The judgment seat, on the presiding judge's seat.

Knock knock!

Ring the gavel.

"Is there any ..... the prosecution needs to add?"

Ren Yuandong looked at Su Bai's position and asked.

"Some presiding judges."

Su Bai nodded.

Liu Jun's statement is very complete, and it can be said that all the conditions for the arbitrary judgment have been stated.

and refuted the contents of the prosecution's accusations one by one.

If you don't know the facts, you can determine that the prosecution of Qian Wei is not based on sufficient evidence and infringes on Qian Wei's legal rights?

It seems to make a lot of sense.

But it's all farting!

Why?

Because the other side is confusing the concept.

First of all, the content submitted by the prosecution is actually saying that Qian Wei did not make a judgment based on the principle of who asserts and who bears the burden of evidence.

and made a judgment without evidence, and fined Zhang Dahu 400,000 yuan.

Liu Jun did not mention a single evidentiary tendency against Qian Wei.

The defense is entirely from other aspects.

In fact, in this trial, there are several other more critical points of evidence, but the prosecution did not express them in the litigation application.

That is.... In the case of Zhang Dahu in the first instance, among the judgment intentions of the members of the collegial panel, this matter was led by Qian Wei.

And the other two members of the collegial panel put forward the idea that whoever advocates will present the evidence, and there is insufficient evidence, but it was denied by Qian Wei.

Why no?

Of course, there is one more important piece of evidence.

According to the investigation by the supervision department, the third son of Qian Wei and Chen Meixia had a call record on the eve of the trial, and also had a call record after the trial.

This is one of the main reasons why the prosecution filed a public prosecution!

The prosecution did not raise this point in the application because it was not necessary to raise it in the first application.

And Liu Jun did not mention this point, which was deliberately not mentioned.

Because he knew that this was very detrimental to the party Qian Wei.

Meantime.

This is an important condition for determining subjectivity.

.

….

After clarifying his thoughts, Su Bai began to make a statement:

"The presiding judge applied for the lawsuit filed by the defendant, and our application was dismissed."

"First of all, the definition and constituent conditions of the civil and administrative perversion of the law, as well as the subjective and objective circumstances, put forward by the lawyer entrusted by the defense have been explained very carefully, so I will not continue to state here."

"According to (2)(6)"

"If you look at it from the defendant's point of view, Qian Wei is indeed not guilty of arbitrary judgment, but the defendant has a very confusing point."

"The defendant's entrustment of an agent in the case of Zhang Dahu cannot be confirmed, and Zhang Dahu acted bravely in the face of righteousness, which is a supplement to the insufficient evidence."

"Since then, we have maintained the correctness of Qian Wei's verdict."

"However, the defendant's attorney ignored a very important point, that is, Qian Wei could not rule in favor of Chen Meixia on the grounds of sufficient evidence."

Since there are no sufficient facts and evidence, why did Qian Wei rule in favor of Chen Meixia? What is he based on? ”

At the trial, Zhang Dahu's side particularly emphasized that whoever asserts who adduces evidence has also been raised by the other two judges, and who asserts who adduces evidence and there is not sufficient evidence to prove that Zhang Dahu hit someone.

Why did Qian Wei not adopt it and still ruled that Zhang Dahu needed to be compensated for civil liability? ”

"What is the reason why Qian Wei did not adopt it? Why didn't he adopt this view, and instead adopt the civil rule of proof of high probability? ”

"A high degree of probability, a civil rule of proof, refers to the fact that the court finds that the existence of the facts to be proved is highly probable based on the results of the review and judgment of the evidence proving the facts to be proved, combined with other relevant facts, that is, the facts shall be determined in accordance with the law."

"In Zhang Dahu's civil lawsuit, neither party has sufficient evidence to provide evidence, and according to Qian Wei's view, the party with relatively sufficient evidence is used.

However, a high degree of generality also clearly indicates that the evidence of the facts is judged, and in combination with other relevant facts, a high probability is considered.

Is it reasonable to judge a case from the perspective of life experience and social rationality when the evidence is not conclusive and conclusive, but only on the basis of confessions? ”

"In Zhang Dahu's case, the plaintiff Chen Meixia has a confession, and the defendant Zhang Dahu also has a confession, and under the statutory determination, the confessions are combined with the actual situation."

"Chen Meixia's initial statement was that Zhang Dahu hit her from behind, and she saw Zhang Dahu's face."

"But Chen Meixia, who Zhang Dahu hit from behind, Chen Meixia, as an old man in her 70s, was able to react quickly and see Zhang Dahu's face?"

"According to the analysis of life experience and social rationality, can everyone present feel that Chen Meixia, an old man in her 70s, saw Zhang Dahu's face after being knocked down from the front?"

"An old man, with limited mobility, was knocked down by a young and strong man, and even caused a coma, and can see the other person's face clearly?"

"It can't ....."

"So Qian Wei judged based on life experience, what is this?"

"This is from the perspective of individual subjectivity, using the characteristic principle of a high degree of certainty in the law to deliberately determine and create unjust, false and wrongly decided cases."

"This kind of behavior completely takes the law as a means to promote one's own interests, completely puts the right to interpret the law in one's own hands, and completely tramples on the dignity of the law!"

"As a party, Qian Wei knows best, what are the judgment conditions in his heart, and is he worthy of the law?"

"Why did he use a high degree of certainty to determine this case, instead of using the principle of who asserts and who bears the burden of evidence stipulated in the Civil Procedure Law to determine this case?"

"Based on the above factors, we believe that the defendant's lawyer's application for a not guilty defense should be dismissed."

"Presiding Judge, we've finished our statement."

After Su Bai finished speaking, Liu Jun frowned slightly on the defendant's entrusted seat.

The other people at the trial also fell silent.

Especially Qian Wei.

Regarding what Su Bai said, Qian Wei, as a party, knows what this means best.

A high degree of probability is used as a rule of proof in civil proceedings.

It does work well when the evidence is insufficient....

Su Bai's words can be regarded as revealing his idea of adjudicating a civil lawsuit.

PS: Ask for a monthly pass~

(End of chapter)