It is actually very common for a high degree of probability to be used in the field of civil affairs.

But it is still rare to use it like Qian Wei.

Even according to the evidence, there is no direct evidence on either side.

Rather, if you look at it from life experience.

So in a certain aspect, Zhang Dahu's confession and evidence are relatively sufficient compared to Chen Meixia.

Especially Chen Meixia's previous confession, Zhang Dahu knocked her down from behind, Chen Meixia saw Zhang Dahu's face, this basic fact is completely nonsense.

Is this in line with normal logic?

Not true!

So why is it so sentenced?

Obviously, there is something problematic.

After all.....

In the original trial, Qian Wei only adopted Chen Meixia's confession as the factual basis and adopted a high degree of generality, but did not adopt Chen Dahu's confession, which obviously did not conform to the logic of the trial and the reasonableness of the fair judgment.

After Su Bai's presentation was completed, on the trial table, the presiding judge, Ren Yuandong, briefly summarized the litigation statements and defenses of the prosecution, the defendant and the accuser.

Quickly go through it.

The summary is complete.

Knock knock!

Ren Yuandong looked at the defendant's seat: "The defendant is now requested to entrust a lawyer to answer the questions raised by the accuser's agent." ”

"Okay presiding judge."

Liu Jun nodded silently at Su Bai's accusation.

Before this lawsuit, he specially knew Su Bai and knew that this was the top lawyer in the criminal circle of Nandu.

Judging from Su Bai's accusation just now, the other party's defense angle is indeed very good.

But.....

As a proficient person in duty-related crimes, he also has his own plea ideas for this type of case.

It is not to say that in the face of Su Bai's defense statement, he was at a loss and had no way to deal with it.

Su Bai's stated point of view was based on Qian Wei's use of the wrong legal provisions to make a defense, and it was based on the sixth point of the perverted judgment that he had just stated.

As for the second point, that is the consequence of the cause.

That is, in terms of the sorting out of this lawsuit, it is still necessary to conduct a plea discussion in accordance with point 6.

Clear your mind.

Liu Jun began to make a statement:

"We have objections to the points raised by the accuser."

"What the prosecution described, according to general common sense, Chen Meixia, as an old man in her seventies, could not react that she was hit by Chen Dahu, and Qian Wei did not take this into account when he tried and sentenced him, because he was motivated by subjective purpose, and he deliberately judged and created unjust, false and wrongly decided cases from his personal subjectivity, which we do not agree with."

"First: From Qian Wei's point of view, there is no problem in judging this case by using a high degree of probability, for the following reasons:"

"(1) As the presiding judge, Qian Wei's first consideration was why Zhang Dahu wanted to help people and help Chen Meixia and send her to the hospital.

"Is it possible that Chen Meixia was hit by Zhang Dahu, so Zhang Dahu is the relevant person in charge?"

"It should be common sense to judge based on common sense, right?"

"Similarly, in the verdict, the most critical point is that Zhang Dahu paid medical expenses three times, which is completely unreasonable, although Zhang Dahu has already stated his reasons, but there is no evidence!"

"Zhang Dahu has no evidence to prove that what he said is the truth, and what he said about righteousness and courage is completely inconsistent with common sense."

"It is completely based on his own confession, and there is no factual basis and proof to show this view."

"Based on life experience and common sense, there are generally refutations and refusals to continue to pay for medical bills in hospitals."

"Even if Zhang Dahu really acted bravely, really kindly helped pay the medical expenses, and paid the medical expenses three times in a row, then this kind of situation violates common sense."

"Is there any problem in judging Zhang Dahu according to the high degree of probability?"

"No problem, right?"

"Because it meets the conditions for a highly probable judgment."

"(2) Regarding the prosecution's statement, it refers to the other two judges who were adjudicating the case at that time, and who raised the question of who asserted and who presented evidence, and that there was insufficient evidence to prove that Zhang Dahu hit someone."

"Indeed, there is no question of who asserts and who presents evidence in this case."

"But based on the above points, there is no problem with using a high degree of probability, because there is a factual basis for such a verdict."

"(3) Since in the above judgment, the judgment was made by using a high degree of generalization of humanity and met the corresponding conditions, then Qian Wei did not constitute the crime of perverting the law, because the subjective and intentional conditions for the crime of perverting the law were not met, and his erroneous laws and regulations were not applied to make the judgment.

"That is, we believe that the prosecution and the prosecution's litigation response and litigation application should be dismissed."

Liu Jun opened his mouth lightly, and looked at the presiding judge's seat after finishing his complaint.

What is the key point of the verdict in this case?

It lies in whether Qian Wei deliberately made the judgment for the crime of perverting the law and whether the law applied to the judgment was wrong.

If the presiding judge cannot make a judgment through these two points, then the goal of exonerating Qian Wei can be achieved.

Liu Jun had long understood this case and had already thought about how to make a defense.

So the current situation is that everything is under his control.

Although Su Bai is a top criminal lawyer in Nandu, he may not have the depth of his deep cultivation in the field of duty crime law.

Liu Jun finished his statement.

Knock knock.

On the trial platform, the presiding judge, Ren Yuandong, sounded the gavel and looked at the contents of the litigation materials and fell into thought.

He has learned about this case, and the most important thing is that it is at this point that how to confirm the intentionality of Qian Wei's arbitrary judgment?

When Su Bai made the first accusation, he said it very well, completely explaining Qian Wei's subjectivity and legal misuse.

But Liu Jun's rebuttal was also very sharp.

First, from Qian Wei's point of view, he explained why a high degree of probability should be applied, and then explained Qian Wei's subjective expressiveness.

This case is not only an examination of the competition of the lawyers, but also a test of his level as the presiding judge.

After a few seconds of silence, the trial of Yang Ren Yuandong to the prosecutor's seat:

"Does the prosecution have anything else to say?"

Guan Tong has a deep understanding of this case in this case.

At the same time, the lawyer also had a certain understanding of Liu Jun, and Guan Tong did not agree with Liu Jun's statement and defense.

Because as the public prosecutor of this lawsuit, Guan Tong is also a relatively proficient public prosecutor for duty crimes.

He knew what Liu Jun's purpose was, and he also knew how to deal with Liu Jun's defense.

So he opened his mouth to state: "The presiding judge...... We do not agree with the statements made by the defendant's lawyers. ”

"First of all, the first point is that, according to the high degree of probability, the evidence on both sides is insufficient, and the side with relatively sufficient evidence should be favored."

"In view of this concept, the defense lawyer obviously deliberately blurred this concept."

"And completely ignore the objective reasons, and use Qian Wei's subjectivity to argue."

"First of all, what I don't understand is why the agent of the litigated party should rely on Qian Wei's subjectivity to make an argument?"

"Think Qian Wei's subjectivity is not intentional?"

"But if Qian Wei's subjectivity was not intentional, why did he only adopt the plaintiff's point of view and not the defendant's point of view at the trial?"

"According to the prosecution's description, is it against common sense that Chen Meixia's confession after Chen Meixia was knocked down?"

"But why did Qian Wei deliberately ignore this point at the trial, and did not adopt this, if this point was adopted, then Chen Meixia's relative sufficiency evidence can still be greater than Zhang Dahu's relative sufficiency?"

"At this point, if Zhang Dahu's relative sufficiency is greater, can a high degree of generality still be used to determine Zhang Dahu's defeat?"

"Is that why you can't decide?"

"According to the law, in the sense of the law, it is not possible to rely on the subjectivity of a criminal suspect to prove some facts, because it is impractical.

Because the subjectivity of a criminal suspect will achieve the goal of exonerating himself from a criminal suspect, it needs to be analyzed and further adopted from an objective point of view. ”

"Then we analyze and judge Qian Wei's behavior with objective facts and reasons."

"What are the objective facts and basis in this case?"

"It was Qian Wei who did not agree with the arguments put forward by the other two judges in the collegial panel at that time, who asserted who adduced evidence and insufficient evidence, and chose a high degree of probability."

"And in the verdict, he used his own subjectivity to make a judgment."

"Just one thing."

"In the verdict, Qian Wei made a judgment: neither party stated at the trial that Chen Meixia was in a coma at that time, and she slipped or tripped to the ground due to her own reasons, so it was judged that it was a human knock."

"Neither party made a statement at the trial, so can it be determined that it was artificially knocked down?"

"Judging from the replay of the live broadcast of the trial, the reason for the absence of a statement is due to the fact that the point of contention between the two parties is not here."

"And as a presiding judge, Qian Wei has a certain summary, if he takes this into account, why doesn't he question both sides of the lawsuit?"

"And in the judgment, this is used?"

"What is the reason for this?"

"Plus!"

"Judging from the replay of the live broadcast of the trial, Qian Wei faced the defendant Zhang Dahu step by step, and in the process, he even used inducement to interrogate."

"As the presiding judge, it is impossible for Qian Wei not to know that the evidence and confession induced are illegal, right?"

"If you combine these factors, then what is Qian Wei's purpose in doing this?"

"The purpose is written in the verdict, that is, to let Zhang Dahu lose the lawsuit."

"Is this a serious violation of the truth of the facts and a distortion of the facts through the verdict?"

"According to objective facts and proofs, isn't Qian Wei arbitrarily adjudicating?"

"Isn't it a deliberate attempt to distort the facts?"

"The presiding judge and the prosecution believe that the statement of the defendant's attorney is completely trying to avoid the serious.

It is to exonerate the criminal suspect Qian Wei, and the subjectivity of the criminal suspect does not have the conditions for certification and the reason for defense as evidence.

Therefore, the prosecution applied to reject the defendant's request to appoint an agent to reply to the lawsuit. ”

"Presiding Judge, our defense is over."

Guan Tong's statement.

I have to say that as a prosecutor, the attack on Qian Wei is very rapid.

To sum up, there are two points:

The first point is to refute the subjectivity of Qian Wei as stated by Liu Jun, but to start from objective facts to demonstrate Qian Wei's subjectivity.

The second point is that Qian Wei was induced to interrogate during the trial.

To further judge Qian Wei's subjectivity through this point, that is, the deliberate judgment is contrary to the facts, violates the law, and violates the crime of perverting the law.

In the presiding judge's seat, Ren Yuandong nodded slightly, expressing his understanding of the prosecutor's answer point raised by Guan Tong.

.

….

Meanwhile.

Su Bai smiled and looked at the prosecutor's seat.

Originally, he wanted to refute it from this aspect, and the way of argumentation was more intense, but he didn't expect Guan Tong to take the lead in putting it forward.

In the defense of Liu Jun and Guan Tong.

The main thing for both sides is to judge according to Qian Wei's main subjectivity.

Although Liu Jun refuted his question, he used it to express it through subjectivity.

There is no evidence to prove this subjectivity.

Therefore, for Guan Tong, it is relatively easy to refute.

That is, to refute the subjective from the objective side and prove it with factual evidence.

At this trial.....

Whether it is him, the prosecution, or the authorized agent of the defense.

The three parties all launched a fierce defense on this point.

Now look....

This trial will be a great plea.

This made Su Bai faintly look forward to what kind of way Liu Jun would excuse Qian Wei next.

Call.....

The attorneys ad litem of the three parties in the trial all looked at the seats on the trial table at the same time.

This made Ren Yuandong, who was the presiding judge, also feel some pressure.

The content of the parties' defenses is based on the content of the arguments taken out alone.

It shows that the three parties have studied the content of this trial and the legal provisions in accordance with it very deeply.

If you are the presiding judge, if the level of exposure is not enough....

Then there may be a lot of problems.

It's hard to tell yet!

Ren Yuandong thought silently in his heart.

PS: Ask for a monthly pass~

Why do some people say that they voted for the last one to motivate me?

(End of chapter)