Chapter 216: Submit Illegal Evidence in Court! So bold?! (Ask for a commuter pass)
With regard to this trial, it is obviously difficult to win the case.
Su Bai also knew where the difficulties were.
However, this difficulty does not affect the results and meet the client's expectations.
It's just a matter of how long it takes to get numb.
Overall, it's not a big problem.
Approaching the eve of the trial.
The parties began to submit evidence.
The trial was conducted by the Anshi Municipal Primary Court.
The prosecution charged Qin Bao with spreading rumors, as well as the crime of damaging the reputation of goods and the crime of damaging business reputation.
The evidence submitted by Su Bai in the evidence presentation link was mainly based on Qin Bao's failure to spread rumors.
After the presentation of evidence is closed.
Judge Du Ming, who was supposed to hold a trial in this case, stopped Su Bai.
"Lawyer Su"
"You're from Nandu?"
Du Ming looked like he was about 50 years old, a little bald on the top of his head, and looked at Su Bai with a round face and a smile.
Su Bai glanced at Du Ming and nodded, "Yes." ”
"Huh.. The big city of Nandu! When I went to study abroad, I heard about some of the most famous cases of lawyer Su in the criminal circle. ”
Su Bai didn't know what Du Ming wanted to express, so he smiled, didn't speak, and waited for Du Ming to continue to speak.
Seeing this, Du Ming continued to speak.
"That's right."
"There is basically no problem with the evidence submitted by Lawyer Su, but there is a little problem with Qin Bao's case."
"I never thought that Lawyer Su would represent such a small case."
"That's the case, the prosecution has already filed an indictment, so it means that the prosecution has a lot of evidence."
"At the time of the trial, lawyer Su, can you.. Don't speak so aggressively? ”
"You should know about this case, lawyer Su, how to judge it, I think the circumstances of Qin An's crime in this case are relatively minor."
Su Bai: .....
???
Playing dumb?
Su Bai roughly understood the meaning of this dumb language.
Plainly.
Everyone take a step back, in the courtroom, don't go too far, I will give you a lighter sentence, and I promise to give you an explanation.
Is that what that means?
That's what it means!
This situation has been encountered by Su Bai before, and it is even more excessive than this.
Previously, there was a presiding judge who thought that it was too difficult for him to act as a criminal agent, and directly asked the client to change the litigation lawyer.
To be honest, the kind of opening that directly makes the parties change litigation lawyers is even more outrageous.
.
….
Faced with this situation, Su Bai smiled and directly refused: "Judge Du." ”
"Whether the crime is minor or not depends mainly on the provisions of the law and the consequences caused by the fault of the parties."
"I'm just fighting for the legal rights of our parties in accordance with the law."
"Besides, why does Judge Du think that the crime in this case is relatively minor..."
Du Ming understood what Su Bai meant, smiled and didn't speak.
"I'm speaking according to my previous experience in handling cases, after all, the trial hasn't started yet, so I can only state it according to my own experience."
"Personally, I also very much agree with what Lawyer Su said about doing things according to law, in that case, Lawyer Su will go back and prepare well, and we will see you in the trial."
"Okay."
Su Bai smiled and nodded.
After walking out of the courthouse, Su Bai took out a voice recorder from his pocket and smacked his tongue: "It's a pity." ”
If Du Ming is willing to say a few more words, this can be regarded as evidence.
But....
The other party is obviously very clear that this kind of talk can only hint, not too much, and has a strong vigilance.
Su Bai didn't want to record it through a voice recorder, the other party said more, and things became simpler.
Not much to say, and it doesn't affect the result.
It's just that.... From this point of view, the attitude of the court is very intriguing.
.
….
The time was fast, and it was time for the trial.
Waiting room.
Li Xuezhen looked worried: "Lawyer Su, I have heard some bad news recently"
Su Bai smiled: "What bad news?" ”
"It is the verdict of this case, and there may be a certain bias."
"yes, I know."
"You don't have to worry, this case is a bit troublesome, but it's not to the point where you can't win it."
"Oh."
"I believe in Lawyer Su."
Li Xuezhen nodded emphatically.
.
….
Wait until it's time for the court session.
The staff brought Su Bai and Li Xuezhen into the courtroom.
All parties took their seats, and the clerk finished reading out the court discipline and court rules, and then spoke: "Please invite the presiding judge and the judges to enter the courtroom." ”
The voice fell.
The presiding judge and the judges walked into the courtroom.
Du Ming stood on the judgment table and glanced at Su Bai with a playful look in his eyes.
Hammer the hammer.
"Now the court is open."
"Parties and agents ad litem are invited to state their identities."
Regarding the identity information of this case, in addition to the prosecution's accusation, Anyao Group, as a third party, also participated in the trial.
The main content of the trial is to carry out the content of the litigation with civil conditions.
Prosecutors: Ma Wu, Zhang Min.
Safety Pharmaceutical Group: Zhou Huashan, Liang Chao.
At the court hearing, the identity information of the personnel was verified.
Du Ming continued the trial process and inquired about the cause of the case.
The cause of this case, Anyao Group, sued Qin Bao, arguing that Qin Bao was suspected of spreading rumors and seriously damaging the medicinal liquor and Anshen medicinal liquor pushed out by Anyao Group.
and to prosecute for damage to business reputation and product reputation.
The cause of action has been confirmed.
Du Ming looked at the prosecution and asked the prosecution to state the facts of Qin Bao's crime.
"Okay."
Ma Wu nodded.
This time, the task for him was to state the facts of Qin Bao's crime.
and a simple plea with the defendant, that is, the lawyer entrusted by Qin Bao.
The rest .... It doesn't have much to do with him.
Because the power to decide does not lie with the prosecution, but with the court department.
Clearing his mind, Ma Wu continued to speak:
"In this case, the prosecutor, as the prosecutor, sued Qin Bao for hurting the business reputation and product reputation of Anyao Group."
"The evidence and reasons are as follows:"
"First: In the article published by Qin Bao accusing Anyao Group, it was repeatedly mentioned that Anyao Group was a counterfeit drug manufacturer, and it was mentioned that the products released by Anyao Group were poisons that could poison people."
From this, it can be seen that Qin Bao's judgment of Anyao Group was very irrational in this process, and he gave Anyao Group the name of a counterfeit drug manufacturer.
Through the spread of the network, the number of broadcasts and the number of views on the whole network have reached hundreds of millions.
For the business reputation of Anyao Group, it has caused great losses.
This is a direct consequence of behavior. ”
"Second: Qin Bao's analysis of the products released by Anyao Group and the Anshen Medicinal Liquor has had a serious impact on the sales of Anshen Medicinal Liquor.
In Qin Bao's analysis of the ingredients and efficacy of the soothing medicinal wine, there are many serious falsifications in the long article released. ”
"According to the facts of the prosecution's investigation, it was found that there were several falsifications:"
"First of all, according to Qin Bao's long article on the complaint, the following points are listed."
"Tranquilizing medicine and wine cannot achieve the effect of calming the nerves."
"Excessive dosage of an element in the tranquilizer will cause great damage to the human body, and even cause carcinogenesis, as well as the possibility of causing other diseases."
"Tranquilizer wine is a "poison" and has a certain lethality. ”
"According to the content of Qin Bao's article, about the efficacy and elements of the tranquilizing medicinal wine, will it cause huge damage to the human body, and whether there is a fatality rate."
"The prosecutor submitted the tranquilizer to the relevant departments and relevant agencies for an authoritative inspection."
"According to the findings of the relevant institutions."
"The tranquilizer can achieve a calming effect, and a certain dose of element is not exceeded, but is added according to the state's accusations.
In addition, the possibility of causing cancer and causing other diseases has not been found through the investigation and certification of the relevant agencies.
The lethality rate is even more insignificant. ”
"Based on the above."
"It can be clearly found that the tranquilizing medicine and wine are far from reaching the serious consequences caused by Qin Bao's long article."
"Qin Bao's post is a serious rumor and violates the reputation of the product."
"Therefore, we believe that Qin Bao violated Article 221 of the Criminal Law to damage the reputation of business and goods, and caused major losses to others and other serious circumstances."
"The prosecution is proposing a two-year prison sentence."
.
….
Tsk, two years in prison?
Make no mistake, right?
You need to know how many years can you be sentenced for the crime of damaging business reputation and commodity reputation?
According to the provisions of the Criminal Code, the maximum sentence is two years' imprisonment.
The prosecution's application proposal.
It can be said that it is the top sentence.
Moreover, Su Bai did not agree with the subsequent inspection report submitted by the prosecution.
.
….
After Ma Wu's statement, Du Ming sounded the hammer: "Please ask the litigation lawyer of Anyao Group to supplement the civil incidental liability." ”
"Okay."
Zhou Huashan, the lawyer representing the Anyao class action, sorted out the litigation materials and slowly spoke:
"Based on Qin Bao's rumors, and damage our business reputation and product reputation."
"The damage caused to our business reputation is immeasurable."
"And it has caused a significant decline in the reputation of our products, resulting in unsalable sales."
"Our claim is:"
"First: Qin Bao needs to publicly apologize to us, eliminate the negative impact, and clarify our reputation."
"Second: Based on the commercial damage caused by Qin Bao to us, we have the right to request Qin Bao to compensate us, and the amount of compensation applied for is 2.65 million."
"The presiding judge is our civil litigation request."
After Zhou Huashan finished his statement, he raised his head slightly and looked at the presiding judge's seat.
Presiding Judge Du Ming nodded and sorted out the litigation materials.
The objective of the verdict in this case is simple.
That is to sentence Qin Bao guilty.
It can be said from the above legal theory, and Du Ming originally wanted to make the sentence simpler, let Su Bai take a step back, and he was sentenced to a suspended sentence.
It can be regarded as having a rough explanation.
But I didn't expect it.... Su Bai turned out to be directly tough, since he was tough, then he had to be fully prepared.
In legal theory, Qin Bao can be judged guilty, and it must be sentenced at the top level.
Du Ming looked at Su Bai with a slight smile on the corner of his mouth: "Now please ask the defendant or the defendant's agent ad litem to make a statement." ”
Su Bai raised his head slightly and looked at Du Ming.
Qin Bao's inspection report is fake?!
And the prosecution submitted it to the relevant agency for inspection of the tranquilizing medicinal wine, which did not meet the hazard standards, is it a qualified product?
What!
Regarding this point, Su Bai had already asked Qin Bao in advance how he had confirmed that the tranquilizing medicine wine was harmful to the human body.
As a result, Qin Bao personally conducted the test in the laboratory and asked his teacher to help conduct the test.
Qin Bao, as a doctoral student, although the teacher said that he is not the top boss in the pharmaceutical industry, he still has the level of inspection.
According to Qin Bao's post, Su Bai also found the comments on the Internet that he had drunk the tranquilizing medicine wine at the beginning, and posted the post.
Among them, Qin Bao mentioned what symptoms may occur after drinking the tranquilizing medicine.
People who have bought tranquilizing medicinal wine have also said that they have experienced this situation.
Meantime.
Su Bai also purchased a bottle of tranquilizing medicinal wine and submitted it to the relevant agency for inspection.
The results of the test were not much different from what Qin Bao had described.
This is the most crucial evidence in this trial.
It is also the biggest proof that Su Bai defended his innocence.
But now ....
???
You say that through the inspection of the relevant agencies, the harm does not exist?
Where did you get this inspection report?
Su Bai didn't think that the other party's inspection report was true.
Then there is only one possibility.
Illegal evidence!
Su Bai retracted his gaze, and then looked at the prosecutor Ma Wu: "Presiding judge, I also have an inspection report here." ”
"The content shown in the inspection report is not much different from the content in Qin Bao's article."
"I would like to ask the prosecution, where did the test evidence report you submit come from?"
"Is it stamped with the official seal in accordance with the regulations?"
"I suspect that the prosecution is presenting illegal evidence, and now I ask the prosecution to provide the legitimacy of the source of the evidence in the inspection report."
Ma Wu replied calmly: "The legitimacy of the source of evidence in the inspection report has been submitted to the court. ”
"The court has confirmed the legitimacy of the inspection report."
Yes!
Since the prosecution refused, then I can apply to the court, right?
Su Bai looked at the presiding judge's seat: "Presiding judge, we suspect that the prosecution provided an inspection report, and the source of evidence is not legal." ”
"According to the prosecution's statement, the court has confirmed the legitimacy of the source of the inspection report."
"According to the law, we have the right to confirm the legitimacy of the source of the inspection report."
"I want to request confirmation."
Regarding Su Bai's application, Du Ming calmly spoke: "For the legality of the source of the inspection report, a post-trial review can be conducted." ”
"Now I would like to ask the defendant to respond to the charges provided by the prosecution."
Su Bai: ???
I have already replied, and I question the legitimacy of the source of the inspection report!
Isn't that the answer?
Now you have a sentence for a post-trial review, and let me continue to answer.
What answer?
The current situation is that the courts, the prosecution and the agency that made the inspection report falsified the relevant evidence and carried out illegal proceedings.
To be precise, the agency falsified relevant evidence, and the other two parties estimated that they knew it.
But without debunking, pretending not to know ....
And to continue the trial....?
Su Bai stared at Du Ming, but found that Du Ming's expression was flat and did not have the slightest emotion.
PS: Ask for a monthly pass ~ big guys.
(End of chapter)