Chapter 199: Verdict! Convict, dereliction of duty!

On the court court.

Xie Liang was surprised when he faced Li Wanjia and Xu Botao's backstabbing, and it was accompanied by anger.

But.....

In the face of Xie Liang's anger, Li Wanjia and Xu Botao had calm expressions, and their eyes were staring directly at the presiding judge's seat.

Song Yuanhui simply sorted out the statements of Li Wanjia and Xu Botao.

Continue to speak: "Defendant Xie Liang." ”

"Do you have any objections to Li Wanjia and Xu Botao's statements?"

Face this problem.

Xie Liang was silent for two seconds.

Objection?

What Li Wanjia and Xu Botao said was the truth, and the situation at that time was not much different from what Li Wanjia said.

What objection can he have?

Or rather, he didn't dare to talk nonsense in the courtroom.

Shaking his head, Xie Liang spoke: "Presiding Judge, I have no objection. ’

Knock knock!

"The defendant has no objection."

"Then next, I will ask you a few questions, please answer them truthfully."

"Okay presiding judge."

Hearing Xie Liang's description, Song Yuanhui continued to speak:

"According to Li Wanjia's statement."

"At that time, Ling, Li Wanjia, and Xu Botao went to Chen Bin's house together to resolve the dispute."

"In the process of handling the case, Li Wanjia proposed that Li Fei and more than a dozen other people as adult males may cause potential harm to Chen Bin and his mother, why didn't you listen?"

"Me"

"Presiding Judge, I have already answered this question."

"The situation at that time was that the conflict between Li Fei and others and Chen Bin and his mother He Lijuan was just an ordinary dispute case, and I didn't think about it in other ways at all."

.

….

"So did you think you settled the dispute?"

At this time, Su Bai raised his hand to make a supplement.

Su Bai's question was added, and Song Yuanhui tacitly agreed.

Faced with Su Bai's sudden question, Xie Liang paused for a moment before he slowly spoke:

"At that time, Li Fei and others had already verbally promised not to continue to harass Chen Bin and He Lijuan, and of course this dispute case was resolved!"

Su Bai continued to ask:

"Then why did you stop Li Wanjia from not recording that Li Fei and the others had entered Chen Bin's house."

"At that time your statement was:

This is just an ordinary dispute, if it is remembered, it will become a criminal case, what is the purpose of this sentence? ”

Faced with a barrage of questions.

Xie Liang didn't know how to answer at this time.

Instead, he turned his attention to Li Wanjia and Xu Botao, if it weren't for the backstabbing of the two of them, he wouldn't be facing this kind of pressing step by step now.

But....

The current situation is that the facts have already happened, and it is still necessary to deal with the current situation first.

After being silent for nearly half a minute, Xie Liang opened his mouth to reply:

"The idea of what I said at the time was simple...."

"When we deal with some dispute cases, we often encounter some unreasonable or nonsense people."

"In this case, you have to determine what the situation is on the scene."

"In case Chen Bin is talking nonsense, then for Li Fei and the others, aren't we wronged?"

.

Su Bai: ???

That's when he doesn't know the rules, right?

A record is a record.

The on-site record is only used as a basis for subsequent judgments.

Failure to record is itself an offence.

In view of this, Xie Liang must be very clear in his heart.

Therefore, when making a statement, try to clear up your relationship.

Faced with Xie Liang's answer, Su Bai did not continue to ask.

Xie Liang breathed a sigh of relief.... I thought my statement had passed.

But at this time....

On the bench, the presiding judge rang the gavel.

Knock knock!

"Defendant Xie Liang, is it true that you asked Li Wanjia not to record Chen Bin's dictation?"

"The presiding judge... It's true, but I did it for a reason. ”

"I would like to elaborate on the reasons for this, and I would like to ask the presiding judge to agree."

Faced with the request, Song Yuanhui spoke:

"The collegial panel has already understood what the defendant Xie Liang said, and the reason for the statement does not affect the judgment of the trial, so it refuses to make a statement."

Hearing Song Yuanhui's refusal to let him make a statement, Xie Liang's heart chuckled.

At the same time, the presiding judge's seat, after rejecting Xie Liang's request.

Song Yuanhui has a certain judgment in his heart about the verdict of this case.

But....

There are a few things that need to be further determined....

Song Yuanhui slowly spoke: "The defendant, can you describe your general psychology at that time?" ”

"It's the psychology of the whole process, why do you behave in a way that is inconsistent with your usual cognition."

Regarding the presiding judge's question, Xie Liang was a little confused.

He didn't know what the meaning of the presiding judge's question was....

So he turned his head to look at his entrusted lawyer, Jiang Donglin.

Jiang Donglin: .....

Noticing Xie Liang's gaze, Jiang Donglin remained silent.

Originally, he thought that this trial was only difficult to a certain extent, and it was impossible for Xie Liang to be convicted of dereliction of duty.

But from the point of view now....

Xie Liang's dereliction of duty is certain, and there may be some other charges involved.

Judging from the statements of Li Wanjia and Xu Botao.

Xie Liang was obviously selfish in resolving Chen Bin's dispute.

At present, the sufficiency of circumstantial evidence has formed a chain of evidence.

Even if he has eight mouths, he can't help Xie Liang get away with it.

So in the face of Xie Liang's request for help, Jiang Donglin did not help.

Knock knock!

"The defendant Xie Liang is invited to make a statement."

On the trial stage, Song Yuanhui didn't give Xie Liang too many opportunities, and spoke solemnly again.

Xie Liang exhaled deeply and slowly spoke: "Presiding Judge." ”

"Actually, I didn't have much psychology at the time, I just wanted to solve the case as soon as possible, maybe I ignored some other circumstances."

"But I take my work very seriously."

"I didn't really think there would be any other surprises, I just thought it was a normal debt dispute."

"We can't intervene in debt disputes, so we can only mediate."

"That's my general mentality."

Song Yuanhui: "Then did you think that there would be other unexpected situations at that time?" ”

"No...."

After asking the last question, Song Yuanhui briefly sorted out the litigation defense materials and the statements of all parties in his possession.

Confirmed.

looked around the trial scene and said solemnly:

"Do the parties have any objections to the above defense?"

The above defence.

It is based on the evidence of the parties in court.

Neither the prosecution, the prosecution nor the defense litigators disagreed.

On the judgment seat, Song Yuanhui heard that all parties had no objections and rang the gavel.

"Regarding the specific issues of this case, the collegial panel has already understood it."

"Let's start making court presentations."

Court Presentations....

Su Bai smiled slightly after hearing Song Yuanhui's words.

The court presentation is the final stage of the court proceedings.

The presiding judge asked for a court statement.

That means that the final plea for the charge will be made, and the verdict will be announced immediately.

The verdict of this trial is clear.

According to the current trial situation.

Circumstantial evidence has already pointed to that Xie Liang is indeed guilty of dereliction of duty.

Plus.

Li Wanjia and Xu Botao's statements and accusations.

It is further confirmed that Xie Liang has many violations and deliberate neglect and illegal situations.

Xie Liang is guilty of dereliction of duty, and he must not be able to escape!

Jiang Donglin sighed slightly after hearing the presiding judge's request for a court statement.

But he didn't say anything.

.

….

On the bench, Song Yuanhui continued to speak: "Now please ask the prosecution to make a statement in court." ”

"Okay presiding judge."

Wang Jin nodded and began to prepare his statement.

For this case.

All circumstantial evidence has pointed out Xie Liang's dereliction of duty.

Regarding Xie Liang's subjectivity, it has also been proved by the confessions of two colleagues, Li Wanjia and Xu Botao, as well as relevant facts.

Then in the final part of the court statement, the clarity of the prosecution's statement is very simple.

It is only necessary to briefly analyze the sentences of the three people.

Clear your mind.

Wang Jin slowly spoke: "Presiding Judge, the prosecutor's court statement is as follows:"

"The prosecution believes that in this case.

Xie Liang, as the main case-handling officer, did not listen to the opinions of his colleagues, and obviously could foresee that serious consequences might be caused in the future, but he ignored it. ”

"And with a certain intentionality."

"Therefore, the prosecution believes that Xie Liang should bear the main responsibility in this case."

"Recommended sentence: two years in prison."

"And the other two parties in this case, Li Wanjia and Xu Botao."

"The two of them foresaw that this case may cause serious consequences in the future, and had corresponding reminders, but they were not adopted by Xie Liang."

"The prosecution believes that based on the subjectivity of the two people, the judgment against these two people should be punished lightly."

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

.

….

Knock knock!

"After the prosecution has made its statement, I will now ask the defendant's agent ad litem or the defendant's party to make a court statement."

"Okay presiding judge."

Facing the final court statement, Jiang Donglin knew that Xie Liang's conviction was certain.

Therefore, in terms of statements, it is still necessary to make statements from the aspect of commutation.

Jiang Donglin took a deep breath and continued to speak: "Presiding judge." ”

"I have stated the following before the Court:"

"In this case, the defendant Xie Liang, in handling the dispute between Chen Bin and Li Fei and others, adhered to the concept of maintaining his duty."

"However, it may be due to the nature of the work and the number of years of work, and a certain conservative concept that arises from making judgments based on one's own experience, and makes corresponding wrong judgments, which leads to greater consequences in the future."

"In such a situation, Xie Liang may have a certain amount of negligence, but this kind of negligence is not considered serious."

"Again."

"In this process, Xie Liang did seriously criticize and educate Li Fei and others."

"There was a mediation of relevance."

"Therefore, I believe that Xie Liang's negligent behavior should be punished lightly or commuted."

"I hope that the presiding judge will take into account the nature of Xie Liang's work and the specific circumstances at that time to make a judgment."

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

Jiang Donglin's statement was made entirely from the two aspects of commutation and commutation of punishment.

To put it bluntly, it is to evade responsibility.

After listening to the defendant's statement, Song Yuanhui looked at Su Bai again.

"Now I invite the prosecution to make a statement."

Facing the presiding judge's words, Su Bai nodded: "Okay presiding judge." ”

"We believe that Xie Liang's work attitude is completely improper and is a serious dereliction of duty."

"In the case of Chen Bin."

"Chen Bin's defensive actions caused two deaths, three serious injuries and many other minor injuries."

"It's the consequences."

"But at the same time, there's another hypothesis."

"Think about it differently."

"If the court does not determine that Chen Bin is a defensive act, it will be proved according to the recommended sentence and other materials submitted by the prosecution at the beginning."

"There is a certain possibility that Chen Bin will be sentenced to death."

"Chen Bin was really sentenced to death, then it is a major trauma for the judiciary and legal justice."

"The consequences will be unpredictable."

"And what is the premise of such a big consequence?"

"The premise is just a small dereliction of duty, just a casual neglect?"

"Xie Liang's own behavior does not represent itself, because of his reasons, it has caused such serious consequences, and we believe that the judgment should be severe and severe."

"It's not just about legal justice, it's about procedural justice."

"That is, our view is to ask the court to focus on the serious consequences of Xie Liang's actions."

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

Knock knock!

The three parties have finished their presentations, after listening to the statements of the parties.

Song Yuanhui silently made a simple summary in his heart.

Then he turned his head to look at Meng Hao, noticing that Meng Hao nodded slightly and sounded the gavel.

"The court presentations of the parties have been completed, and now the court adjourns!"

"After the trial, the verdict will be announced!"

Knock knock!

The gavel sounded and the court went into recess.

Along with the members of the collegial panel leaving the courtroom, Xie Liang's face on the courtroom was very ugly.

As the defendants, Li Wanjia and Xu Botao were calm.

The happiest is Li Xuezhen, her little face is excited, and she silently recites in her heart: ++++.

….….

Discussion room of the collegial panel.

Song Yuanhui looked at Meng Hao and Qi Yu: "There is no problem with convicting Xie Liang for dereliction of duty. ”

"Circumstantial evidence is enough to form a chain of evidence, that is, about the sentence, do you two have anything to say?"

Meng Hao spoke: "In terms of sentence, let's follow what the prosecution said, I think two years in prison is more appropriate." ”

"However, it is only for the charge of dereliction of duty, and in the future, I suspect that the prosecution may have to supplement other charges."

"But.... This has nothing else to do with our trial. ”

"What about the sentences of Li Wanjia and Xu Botao?"

Song Yuanhui asked again.

Meng Hao replied: "According to the evidence provided by the prosecution, as well as the confessions of the two people, neither of these two people is qualified for dereliction of duty...."

"Hmmm! However, the two of them are involved in administrative punishments, so leave this to the law enforcement department! ”

"Okay!"

While Song Yuanhui and Meng Hao were discussing, Qi Yu didn't say anything on the side.

Soon....

The adjournment ended.

Amid the reopening of the clerk's hearing, the members of the collegial panel once again stepped onto the judgment seat.

Knock knock!

Song Yuanhui rang the magic hammer and spoke again:

"The adjournment ends."

"The verdict of the trial is now announced!"

Everyone stood up and waited for Song Yuanhui to announce the verdict.

Song Yuanhui began to read:

"After the collegial panel has studied and decided, the judgment is as follows:"

"In response to the prosecution, the court found that the facts were established for Xie Liang's accusation of dereliction of duty as a functional officer."

"Here's why:"

"According to the conditions constituting dereliction of duty in the crime of dereliction of duty:"

"First, subjectively, it is due to one's own overconfidence or foreseeability but not foreseeing, which leads to major consequences."

"Two: Significant consequences have been caused."

"Based on these two constituent conditions, according to the relevant indirect evidence submitted by the prosecution, as well as the direct confessions of defendants Li Wanjia and Xu Botao."

"It confirms that Xie Liang was able to foresee under the circumstances at that time, and there may be major consequences in the future."

"It belongs to being able to foresee but not foreseeing, overconfident."

"And it has caused serious and significant consequences in the future."

"Xie Liang's crime of dereliction of duty is conditional."

"It is hereby ruled that Xie Liang was derelict in his duties and failed to fulfill his responsibilities due to his functions, causing heavy losses to the interests of the people."

"Sentenced Xie Liang to two years in prison!"

.

….….

"Against the defendants Li Wanjia and Xu Botao."

"The court held that in this case, Li Wanjia and Xu Botao had foreseen behavior, and provided corresponding reminders to the main case-handling personnel Xie Liang."

"And in the court hearing, Xie Liang's violations were pointed out and did not conceal them."

"It is hereby ruled that Li Wanjia and Xu Botao do not constitute the crime of dereliction of duty."

“.….”

After the verdict for dereliction of duty has been pronounced.

Song Yuanhui also convicted those debt collectors for illegally trespassing into their homes.

This time, at the trial, there was no discussion of the crime of trespassing on the home of the debt collectors.

It is because those debt collectors have pleaded guilty and accepted punishment, and only a rough sentence is required.

The sentences imposed as accomplices are shorter, with most being imprisonment ranging from three months to six months.

In more serious cases, those who commit acts of destroying property are sentenced to imprisonment ranging from six months to one year and six months.

After stating the corresponding verdict, Song Yuanhui rang the gavel.

Closing the courtroom!

Knock knock!!

The muffled voice of the hammer echoed through the trial.

The dull sound not only appeared in the courtroom, but also echoed in Xie Liang's heart.

Xie Liang looked straight at the seat on the trial table and asked loudly:

"The presiding judge .... I don't obey the verdict! ”

"I, Li Wanjia and Xu Botao participated in the settlement of disputes together, why did you only sentence me and not them?"

"I seriously doubt what's going on here!"

Xie Liang himself wondered why Li Wanjia and Xu Botao backstabbed him.

Now that I hear the result of the trial, I can't help but wonder if there is something wrong with it.

Facing Xie Liang's questioning.

Song Yuanhui said lightly: "It's your right to question." ”

"If you have any questions, please submit them to the relevant departments."

The voice fell, and Song Yuanhui left the court seat directly.

PS: Ask for a monthly pass~

(End of chapter)