Chapter 217: Playing Hooligans? Yes! Come to judge, I see you judge?! (Ask for a commuter pass)
The atmosphere in the courtroom was solemn.
Looking back, Su Bai simply sorted out the litigation materials.
Took a deep breath.
Look up at the presiding judge's seat.
In this case, if this trial continues, then for their defense, it will be a Jedi headwind.
This evidence of legitimacy proves that he must see it.
Su Bai continued to open his mouth to fight:
"Presiding Judge, in accordance with Articles 51, 56, 57, 58, 59, 60 and other relevant regulations of the Criminal Procedure Law."
"The procuratorial department shall bear the corresponding responsibility for the presentation of evidence."
"The prosecution has the responsibility to exclude the source of illegal evidence, and it is necessary to present proof of legality for the collection of evidence, and may raise and choose to exclude illegal evidence that is suspected to have appeared during the trial."
"According to the norms of evidence, we have the right to question, and we require the prosecution to provide legal evidence!"
"This is our reasonable request!"
"This is a right granted to us by law, and if the prosecution cannot provide the legality of the evidence, then it is a violation of our rights and obligations under the law."
"I don't know what kind of psychology the presiding judge has in denying our reasonable legal rights."
"Or else."
"As for the legitimacy of the source of evidence, we don't ask for it."
"Presiding judge, you directly convicted our client Qin Bao, and I accept your trial on behalf of our client?"
Du Ming: .....
Su Bai's words directly silenced Du Ming.
Although it is said that ..... he will be sentenced.
But without going through the process and directly sentencing, there is no good "excuse" and justifiable reason, let alone him, even if the dean is here today, he will not dare to make such a judgment.
There should still be a process, and the evidence that should be presented still needs to show "evidence".
Why did you come up with a test report?
Why do some unjust, false and wrongly decided cases have illegal evidence and are not directly adjudicated?
That is, the trial must go according to the process.
In the face of Su Bai's stated legal content and tough attitude.
Du Ming had no choice but to provide the legitimacy of the source of evidence.
The legitimacy of the source of evidence has long been figured out by the Anyao Group, otherwise, he would not dare to do so.
Su Bai frowned slightly when he saw the legitimacy of the source of evidence and the test report provided by the third party.
Boy!
The test report for Anshen Medicinal Liquor in Yu An Pharmaceutical Group was conducted by the testing agency of Anshi City.
He said that how can third-party testing agencies carry out fraud so easily.
Co-authoring is your own thing, and you can test it behind closed doors and say that there is no problem with your own thing!
.
….
The gavel sounded.
Du Ming continued to speak: "Defendant, now that the court has proved to you the legitimate source of the test report, do you have any other questions?" ”
"Yes."
"Presiding judge, the relevant content shown in the test report submitted by our side is no different from what Qin Bao said, but the test report verified by the prosecution is significantly different from the content of Qin Bao's document."
"And in this trial, the testing agency is a testing agency located in Anshi, which has the possibility and suspicion of fraud."
"According to our rights under the law, we have the right to suspect that the test report submitted by the prosecution is fraudulent."
"We ask a third-party testing agency to conduct re-testing."
Knock knock!
The gavel sounded, and in the face of Su Bai's request, Du Ming was already starting to get impatient.
According to this trial process, this case, don't think about advancing the trial today!
But
Whether the trial can be advanced or not, Du Ming doesn't care much about this matter.
If the trial is one day late, then Qin Bao will be detained for a while longer, and it will have no effect on him.
It's just that this test report is a bit troublesome....
I heard from the Anyao Group that this evidence has been dealt with, and it doesn't have much impact.
This trial will continue.
As long as the judgment is not too out of line and the judgment is based on "evidence", then there is basically no problem.
Sorting out the general idea, Du Ming meditated in his heart and continued to speak:
"According to laws and regulations, the appraisal report is not restricted by region, so the court has the right to reject the request made by the defendant's agent ad litem."
"The evidence submitted by the prosecution has been certified by the court."
"The evidence submitted by the defense has not been confirmed by the Physical Evidence Bureau, so it will not be accepted for the time being."
"In this way, the defendant's application for litigation is dismissed."
"Does the defense have any comments?"
Su Bai: ????
Do you have any comments?
Why is it not confirmed by the Bureau of Physical Evidence?
This is because it has not been confirmed by the Bureau of Physical Evidence since the previous submission, until the trial.
Su Bai's face was serious, and he looked directly at Du Ming: "This trial is much more difficult than he imagined. ”
It's hard to imagine being treated like this.
.
….
During the trial.
What's the most critical?
Evidence!
Evidence!
Or proof!
Now the other party is trying to prove Qin Bao's illegal and criminal acts with illegal evidence.
So what's the point?
The trial included the charges in this case, the crime of damaging business reputation, and the reputation of goods.
-- Fabricating and disseminating false facts, harming the commercial reputation of others, the reputation of goods, causing major losses to others, or other serious circumstances, is to be sentenced to up to two years imprisonment or short-term detention, and the person sentenced to imprisonment is also fined.
It is true that it damages the business reputation and product reputation of the Anyao Group.
The key point is whether Qin Bao is spreading rumors.
If the evidence he provided is denied and illegal evidence is now to be used, can this trial be won?
How is it possible to win?
The other party has blocked the defendant's road.
The most important thing now is to prevent the verdict of this trial, or to delay it.
The Ann City Lower Court was not allowed to make a decision.
Because once the Anshi Municipal Primary Court makes a judgment, if you want to conduct a second instance, you have to go to the Anshi Intermediate Court.
To put it bluntly, there is a high probability that the second instance will go back to Anshi.
What if the second-instance judgment upholds the first-instance trial?
.
….
In a case like this, if you want the High Court to dismiss the retrial, because the penalty is not severe.
Unlike the previous cases, which involved serious criminal liability, such as more than 10 years in prison due to unjust, false and wrongful convictions, and cases involving the death penalty.
Other words....
If this case is submitted to the Supreme People's Court, it will not necessarily be subject to the attention of the retrial, or in other words, there may be a delay due to the lack of attention of the case.
If the court in Ann City is allowed to make a decision, there will be problems.
As a result, Qin Bao will be detained for at least two years, or eat a big pot of rice for at least two years.
It may be easy to wait until you are released from prison or after your detention is over, and then you want to continue to appeal, but the life of the client is almost ruined.
Another point, two years have passed, and if the chain of evidence is incomplete, how can we be held accountable?
Only the impropriety of the court's judgment can be pursued!
But what caused the court's improper decision?
It is caused by the illegal evidence provided.
The key point lies in this "illegal evidence".
After two years, how do you determine that the other party has provided illegal evidence?
It takes another year or two to collect illegal evidence and ask the court to make a determination and file a case for a new investigation.
This case will definitely drag on for 3 to 4 years.
Let's not mention the time cost for the time being.
From the client's appeal, do you want to end the case as soon as possible?
The client is a medical doctor and is certainly not willing to delay for four years.
Four years is enough to drag Qin Bao's entire life down.
And one last point, if the High Court remands the case to the An'an Municipal Court for a new trial.
What happens again?
.
….
In summary, it is still necessary to transfer the case to the place of jurisdiction in accordance with the provisions of the Criminal Procedure Law.
The verdict of the first instance will not be handed down.
Even if the court wants to drag it out, it wants to detain Qin Bao for some more time.
Then compared with four years, these few months are the most cost-effective.
.
….
Su Bai took a deep breath, it was the first time that he had received special treatment from the court on his face.
Although the case is simple, the facts of the case are complex.
It's not easy to solve.
looked up at the presiding judge: "Presiding judge, I have no opinion on the test report." ”
Du Ming smiled, is this taking the initiative to soften?
Well, not bad!
If this had happened earlier, there would not have been such a stiff scene in the court today.
For Su Bai's performance, Du Ming was very satisfied.
You take the money to handle your case, and after the trial, your lawyer's fees are in hand, and the judgment on my side is over. Isn't everyone happy?
Why is it so ugly?
So for Su Bai's attitude of "admitting mistakes", Du Ming is still very satisfied.
"Since there are no more opinions, let's move on to the trial."
The prosecution continues to present its case.
"Okay presiding judge."
Ma Wu nodded, not expecting at all that the trial would develop to the current level.
Originally, he thought that as the defendant's agent ad litem, he was a famous top criminal barrister in China.
Su Bai was able to resist the forensic prosecution in the trial.
But now from the actual point of view, if it is really tough, even as a top criminal barrister in China, it will not work.
Gee....
Ma Wu laughed twice in his heart at what happened to Su Bai today.
"Presiding judge, according to the third-party test report, it can be clearly seen that Qin Bao is suspected of forgery, and the relevant matters of forgery are completely different from the real situation."
"It has been suspected of rumor-mongering."
"Subsequently, according to the financial report provided by the Anyao Group and the evidence collected by the prosecutor, the reputation of the Anyao Group was damaged, the reputation was damaged, and the goods sold were unsalable."
"Objective facts have been agreed."
"At that time, we request that the criminal suspect Qin Bao be sentenced for his illegal and criminal acts."
“.….”
"Okay, the court has heard the prosecution, is there anything else the defense has to say?"
Du Ming's slightly bald head smiled out of folds.
Unexpectedly, Su Bai's next sentence directly made Du Ming stunned.
"The presiding judge .... We have something to say, and we disagree. ”
"We believe that there are significant problems with the litigation process involved in the whole case."
Having a major problem with the litigation process?
What kind of thing is this trouble, Du Ming was a little unhappy in his heart, his brows furrowed slightly, and he spoke:
"What's the big deal with the litigation process involved?"
Su Bai continued to speak: "This criminal case is being investigated by law enforcement agencies. ”
"But in the process of arresting our client and transferring it to the court, in the process, we believe that there has been a major illegal act."
"Which ones?" Du Ming's tone was very unhappy.
"First of all, we will be arrested across provinces, according to the specific circumstances of our party and the statement of our party that I asked."
"At that time, we were being arrested, and no identification was presented, which seriously did not comply with the arrest process."
"Second, according to the regulations on the management of cross-regional arrests, there was no consultation on the arrests in accordance with the regulations on the management of arrests."
"Based on the above, we believe that there were illegal acts in the process of arresting us at that time, and we ask the court to investigate this."
"We propose to adjourn the trial for the time being, and after supplementing this issue, the trial will be held again."
“???”
Du Ming stared at Su Bai.
Does the question raised have any impact on the outcome of the case?
There is no impact at all!
It's nothing more than delaying time, and when the court wants to launch a relevant investigation into this behavior, the trial will be held again, and Qin Bao will still be found guilty....
To be honest, Du Ming didn't understand why Su Bai's request was.
Ordinary presiding judges and judges would not have thought that the other side would propose the transfer of jurisdiction.
Du Ming spoke: "This point does not affect the verdict of Qin Bao, and the trial continues. ”
Su Bai raised his hand and signaled: "We believe that there was illegal behavior in the process of filing the case, and the court refused to file a request for an investigation against us, right?" ”
"Please answer my questions from the court."
"Did the court refuse to investigate the illegal conduct of the case and continue the verdict of the trial?"
Du Ming: "....."
No.... Didn't you just succumb to it?
Why is it that now all of a sudden, again, and a call for an adjournment?
Du Ming didn't believe that Su Bai didn't know that after the adjournment ended, the trial against Qin Bao was still the result of guilt.
So what is the purpose of Su Bai's request for an adjournment?
Investigating illegal evidence?!
This is the only possibility that Du Ming can think of.
Investigate illegal evidence during the adjournment and wait until the trial reopens to exclude the prosecution's charges with illegal evidence.
.
…
"That's what it was for."
Du Ming smiled and didn't pay too much attention to it.
If it is possible to investigate illegal evidence by relying solely on the ability of individuals.
Then for some cases, it will not be so difficult for the prosecution to investigate and collect evidence.
Su Bai's behavior, in his opinion, was completely whimsical.
.
….
Meanwhile.
Li Xuezhen kept glaring at the presiding judge's seat.
This trial was the worst he had ever encountered with Lawyer Su.
This kind of trial is no longer a legal plea at all.
This is the other party is not reasonable at all, playing hooliganism.
At the same time, Xiao Li was also silently thinking in his heart about how to help lawyer Su win the lawsuit.
PS: Ask for a monthly pass ~ ask for a big monthly pass ~
(Maybe because of the lack of updates, the big ones feel that there is no progress, and they will add more tomorrow and ask for a monthly pass~)
(End of chapter)