In this case, the two most critical points have been decided.

Then then, there is no longer any problem with the verdict of the crime of perverting the law.

The conditions for the achievement of the crime of arbitrariness.

1. Errors in the application of law.

2. Subjective intentionality.

Three: adjudicators.

Two judgments, one condition, have been met.

Now comes the crucial issue of sentencing!

On the bench, Ren Yuandong looked at the litigation materials, simply sorted them out, and then exhaled lightly.

This case is almost over here.

The rest is to look at the specific matters to sentence Qian Wei.

Looking at the specific matters, it is also very simple, that is, the final court statement.

Knock knock!

Ren Yuandong's eyes circled, rang the gavel, and spoke: "The judgment against Qian Wei is complete." ”

"The parties are now invited to make court submissions....."

"Prosecution, please begin your court case."

The verdict is completed, which means that Qian Wei's charges have been confirmed.

Guan Tong took a deep breath and looked at the seat of the court: "Presiding judge, I will make the following case in court:"

"Judging from the consequences of the crime of arbitrary judgment, Qian Wei's judgment was wrong, and the losses caused to Zhang Dahu have exceeded 100,000 yuan, as high as 400,000 yuan, in accordance with the law."

"In view of Qian Wei's deliberate ruling, which affects the trial and causes huge losses to the parties, it should be severely sentenced."

"The prosecution recommended a sentence of three years in prison, and asked the court to accept it."

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

Guan Tong's court statement has only one purpose, that is, to let Qian Wei get the punishment he deserves, and he will be sentenced to three years in prison, which is just right.

Knock knock!

Ren Yuanfang rang the gavel: "The prosecution has finished its statement, and now I ask the defendant's client to make a statement." ”

Liu Jun took the litigation materials from his assistant's hand, flipped through a few pages, and said, "Good presiding judge." ”

This time the trial has ended, and Qian Wei's sentence is certain, but according to the criminal responsibility, there are some severity.

heavy

Probably several years, light direct probation.

Liu Jun has studied Qian Wei's case a lot, and he also knows where to start the court statement is more conducive to Qian Wei's punishment.

Clear your mind and start stating:

"Presiding Judge, I am courting the court to state as follows:"

"We have no objection to Qian Wei's judgment."

"The focus is on Qian Wei's sentencing, and Qian Wei's judgment of Zhang Dahu's case is indeed a little wrong in some aspects."

"But... Presiding Judge, as a judge, you know that there are many things that need to be considered when deciding a crime. ”

"Qian Wei was also a presiding judge in the past, and he may have considered and taken into account more things."

"First of all, for the verdict, Qian Wei's judgment does have certain problems, but he did not accept gifts, nor did he have any other illegal and criminal acts."

"From this point of view, Qian Wei's responsibility is very small, just a small mistake and subjective favors, which led to a wrong judgment."

"We believe that the punishment against Qian Wei should be given a lenient sentence, the law is ruthless, and the presiding judge, you, as a judge, should be more able to understand Qian Wei's mood when he was sentenced."

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

Su Bai: ????

The law is merciless, people are merciful....

Well, well said, well said!

For a person who has violated the law, what kind of law is ruthless?

The law is the fairest and unsentimental.

Are you here to let the presiding judge empathize with a criminal suspect like Qian Wei?

Gee....

For a while, Su Bai didn't know whether Liu Jun really wanted the presiding judge to consider it from Qian Wei's point of view, or whether he wanted to pull the presiding judge Ren Yuandong down.

Ren Yuandong, who was on the trial platform, frowned slightly after hearing Liu Jun's court statement, but still sounded the gavel.

"Now I would like to ask the defendant Qian Wei to make his final statement."

"Okay...."

Qian Wei took a deep breath, knowing that with the verdict of this trial, he had no hope of exonerating, so he could only ask for some more reduction from the sentence.

The point is his statement.

"Presiding Judge, my statement is simple."

"Regarding the verdict in Zhang Dahu's case, I admit that I am guilty.

I know that the judgment I made has had a bad impact on the parties.

I now have a deep reflection on how wrong my actions were. ”

"Through this trial, I also learned about some of my bad behaviors."

"In Zhang Dahu's case, I didn't do well, and I now formally apologize to Zhang Dahu."

As Qian Wei spoke, he bowed deeply to the accuser's seat, and then continued to speak.

"Although I said that I made a wrong judgment, in fact I meant to.... It is the hope that a fair judgment can be made, and it is the hope that the elderly can be compensated as they deserve.... But I didn't expect to do some illegal acts. ”

"To be honest, my intentions were good, but my process and actions were wrong."

"Either way, my end result was a serious mistake."

"No matter what the court says to me, I accept it completely."

"However, I still hope that the court will take into account my intentions and my intentions, and be able to deal with me as appropriate."

"This concludes my statement, thank you presiding judge, thank you to the members of the collegial panel."

Su Bai understood.... Co-authored defendants, Liu Jun and Qian Wei are defendants, and the parties have already discussed how to make court statements.

Want a reduced sentence?

Is it used to reduce the sentence or suspend the sentence through court statements?

Su Bai frowned slightly, and then, his brows furrowed, and he looked at the defendant's seat with a smile.

Knock knock!

"The defense party has completed its court presentation, and the prosecution is now requested to make a final court statement."

"Okay presiding judge."

Su Bai nodded slightly, if the other party wants to play the emotional card, then he has to make a statement from the legal level.

Especially.... remembered Qian Wei's empty eyes at the trial at that time.

Such adjudicators should be punished by law.

It must be severe!

"Presiding Judge, I am courting the court to state as follows:"

"First of all, we believe that there is a certain problem with the statements of the defendant's agent ad litem."

"I can't understand what the defendant's agent ad litem stated, Qian Wei's illegal verdict in the Zhang Dahu case was just a small mistake and favor."

"The law is rigorous, and a small mistake can have serious consequences and repercussions."

"Besides, what is a small mistake?"

"A small mistake made Zhang Dahu bear a debt of 400,000 yuan."

"As a judge, can Qian Wei think that 400,000 yuan is such an unbearable thing for Zhang Dahu's family?"

"The defendant's agent ad litem said this matter so easily, did he say it from the defendant's point of view, or from his own point of view?"

"Or maybe you're used to it and think 400,000 is not worth mentioning?"

"Human affection cannot be defined by law, but law is also not an option in human relations."

"Is the law personal? Is the law defined by Qian Wei? ”

"It's not!"

"But if it's not, why does Qian Wei use the law as a favor?!"

"And...."

"Can the defendant's agent ad litem explain what it means to be the same presiding judge before, can he know Qian Wei's situation?"

"Is there any connection between one is a judge and the other is a suspect in the defendant?"

"Again!"

"The law is ruthless, and the reason why the law is ruthless is because of the fairness of the law."

"The law gives everyone present an equal opportunity, whether you are a powerful person or a commoner, to enjoy the fairness of the law according to the law."

"Can a man be swayed to defy the fairness of the law?"

"Can the so-called so-called so-called sophistication violate the rules and trample on the legal rights and interests of others?"

"Can't!"

"What is the purpose of the construction of the law? It is to construct an equal right. ”

"As the presiding judge of Zhang Dahu's case, Qian Wei, according to his own subjectivity, knew that this case was related to his friend's relatives, and according to his own right to enforce the law."

"What did the arbitrary contempt for the fairness of the law cause to Zhang Dahu in the judgment?"

"The result is an unfair legal verdict!"

"The result is a flaw in the rule of law!"

"In law classes, we often hear teachers say that one unfair trial is better than ten crimes."

"Has anyone ever thought about what kind of result would be caused if Qian Wei's judgment was confirmed?"

"The consequence is that in the absence of evidence, the court can make a judgment based on the experience of this trial: the old man was not hit, why should you help?"

"So in the courtroom, what kind of attitude is there towards the real righteous and courageous, and for the real good-intentioned good deeds?"

"Doesn't it chill these well-wishers?"

"And how should they explain when they are confronted with such a question?"

"Explain that I was kind enough to help others, and as a result, the court sentenced me to 400,000 yuan in compensation, so the result is that no one will help."

"Is this what Qian Wei said that his starting point is good and the process is illegal?"

"The law is to let the good people take the blame and seek benefits for those who make malicious accusations, right?"

"If his intentions are good, as a judge, why doesn't he uphold the justice of the law?!"

"Why?"

"Is it based on his heart's preferences and the favors of his contacts that he evaluates the law?"

"Is that fair to the parties?"

"It's not fair!"

"At the same time, I would like to ask the defendants."

"Defendant, may I ask if your discretionary consideration of commutation to the court is because you are worried that you have been sentenced to a heavy sentence and that staying in it for a long time will have a bad impact on you, or do you really reflect on it, and you feel remorse for what you have done in the trial?"

"Your so-called fair judgment means that you don't look at the evidence and don't make a judgment according to the rules of legal procedure?!"

"So where is your so-called legal fairness? Is it in your mouth, or in your heart?! ”

"You are just talking here and pretending to be remorseful for the sake of being able to reduce your sentence, but in fact, you talk about the equality of the law, but you trample the law under your feet!"

"Again, why?!"

"Why should you be given a lenient sentence?!"

"As a trampler of the law, why do you ask for a lenient sentence for you?!"

Su Bai turned around and looked firmly at the presiding judge's seat.

"Therefore, we believe that the court statements of the defendant's agent ad litem and the defendant's party are not accepted!"

"We request that the defendant who tramples on the dignity of the law and knowingly violates the law be severely sentenced!"

"I believe that the judgment of the collegial panel can give our parties a fair statement."

"Presiding Judge, our courtroom has finished its presentation."

After Su Bai finished his statement, the trial was very quiet.

The sound of questioning reached everyone's ears.

There was no sound for a long time in the trial, and everyone's attention was focused on Su Bai.

A few seconds after Su Bai's voice fell, Ren Yuandong rang the gavel.

Knock knock!

"After the parties have completed their court presentations, they will adjourn and the verdict will be announced an hour later."

Call....

Su Bai breathed a sigh of relief when he heard the sound of the adjournment.

At this time, Guan Tong cast an approving glance and a thumbs up.

Obviously, Guan Tong agrees with Su Bai's words.

Su Bai smiled and nodded in response.

.

….….

Discussion room of the collegial panel.

Ren Yuandong and the other two judges had serious faces.

Tang Lin said coldly: "Five years? ”

Yin Wenhui rubbed her eyebrows: "It's not that long, I personally think that three years and six months is the best sentence and punishment." ”

"Three years and six months?"

Ren Yuandong opened his mouth suspiciously.

"Hmmm! Three years and six months, mainly this case, as a first-instance case, although we can say that the sentence is slightly heavier.

But three years and six months is taken into account, if this lawsuit and judgment have had a greater impact.... and the manner in which the sentence is conducted. ”

"If Qian Wei wants to continue to appeal for the second instance, the most important point is that the court of the second instance needs to consider whether the sentence is too severe."

"Our three years and six months are just right, but it's not too heavy or too light, Qian Wei has no new evidence, and if he applies for the second trial, he may not be able to appeal successfully."

"Hmm!"

"Okay!"

"Just follow this."

Ren Yuandong nodded to confirm the verdict, and at the same time silently thought in his heart: If Zhang Dahu's trial spreads, it is really likely to have a huge impact.

Meantime.

Ren Yuandong also agreed with what Su Bai said that the law is not personal.

.

….….

Soon, the adjournment ended and the court reconvened.

Ren Yuandong, Tang Lin, and Yin Wenhui stood on the trial platform.

Knock knock!

Ren Yuandong: "Now announce the results of the trial. ”

Clerk: "All stand and ask the presiding judge to announce the outcome of the trial!" ”

Boom.

At the scene of the trial, all members stood up.

His eyes were fixed on the presiding judge's seat.

Ren Yuandong began to announce the verdict: "The cause of this case:"

"The defendant Qian Wei, as a judge, was prosecuted for the unfair trial of Zhang Dahu's case and for the crime of perverting the law."

"This court has jurisdiction to hear the case, and the applicable law is in accordance with domestic law."

"The verdict is announced below:"

"After the collegial panel studied and decided, the prosecution was filed against the prosecution for the crime of perverting the law."

"Pursuant to the offence of perverting the course of justice under article 399 of the Penal Code:"

"In civil and administrative adjudication activities, deliberately violating the facts and the law to make arbitrary judgments."

"If the circumstances are serious, the sentence is up to five years imprisonment or short-term detention."

"If the circumstances are particularly serious, the sentence shall be between five and ten years imprisonment."

"The verdict and the evidence submitted show that Qian Wei was found guilty of civil and administrative perversion of the law."

"Qian Wei was sentenced to three years and six months in prison."

"Moreover, because Qian Wei's illegal judgment led to the procedural illegality of the judgment, that is, the case of Zhang Dahu whose judgment was revoked."

"Regarding the defendant's claims, all are dismissed!"

"This case is a first-instance judgment, and if the party Qian Wei believes that the judgment is contrary to the facts, or that there is any problem with the erroneous ruling of the applicable law, the above can be carried out in accordance with the law or submitted to the relevant departments for supervision and review."

"The verdict will be sent to all parties within 10 days."

Knock knock!

The gavel fell, and the sound was clear and loud.

"Closed!"

Ren Yuandong's voice fell, and this trial could be regarded as the curtain came to an end.

In the defendant's seat, Qian Wei's expression was complicated.

Three years and six months?!

The sentence is so heavy!

He will definitely continue to appeal, and he will not give up without a suspended sentence!

You can even do a not guilty appeal!

Although he said at the trial that he was repentant, the actual purpose was to get the court to give him a suspended sentence.

But since the court doesn't sentence that.... Then he will definitely continue to appeal!

Meanwhile.

On the witness seat, Mrs. Chen Meixia and Mrs. Chen sighed.

Turning his head to Li Zhuang and asking, "What does this judgment mean is that Zhang Dahu's compensation for us is gone?" ”

Li Zhuang nodded: "It's gone, Mom." ”

Chen Meixia looked pity: "Can you still get it back?" ”

Li Jun stood aside and shook his head: "I guess it's not going to work." ”

"Hey—"

"What do you call this lawsuit?"

"Why can't you?"

"Then this lawsuit has nothing to do with us, right? Can we go? ”

"Yes...."

"Hmmm! Then let's go, go back and discuss it again, and forget it if it doesn't work again. ”

Chen Meixia waved her hand and asked Li Zhuang to help her prepare to leave the courtroom.

At this time, Li Xuezhen shifted her attention from the defendant's seat to Chen Meixia, Li Zhuang and Li Jun.

+1+1+1+1…

Flattered!

PS: Ask for a monthly pass~

(End of chapter)