Barristers from the Northern Capital....

As soon as it comes up, the prosecution will be held accountable..?

Gee.... This kind of statement is quite bluffing.

How to say it.

This could happen if the prosecution were held accountable in the event that Du Ming was not guilty.

How to prove Du Ming's innocence is the premise and the key point in this trial.

But.... Su Bai is not optimistic that the defendant can make a not-guilty defense.

Because of this trial, he has learned about the relevant chain of evidence, and the chain of evidence is complete and there is no problem.

That is, there can be no objection to the judgment.

.

….

On the bench, presiding judge Xu Hao asked defense lawyer Xu Xiao to explain the relevant facts.

Xu Xiao nodded slightly: "Okay, presiding judge." ”

"Presiding judge, I would like to ask the entire case to be sorted out."

Xu Hao agreed to Xu Xiao's application.

Xu Xiao sorted out the litigation materials in front of him and slowly spoke: "According to the evidence and supporting materials provided by the prosecution, as well as the litigation process. ”

"It's obvious."

"The prosecution used Du Ming's trial of Qin Bao's case, and Du Ming, who was raised from this, violated the law and was prosecuted on several charges such as perverting the law, dereliction of duty and abuse of power."

"But."

"In this process, where did our client, Du Ming, abuse his power?"

"That's one of my questions."

"First of all. At the scene of the trial, in the face of Qin Bao's entrusted lawyer, most of our clients agreed to the legal application submitted by the lawyer at that time. ”

"In this process, there were no violations and irregularities."

"According to the law's definition of abuse of power and dereliction of duty, our client Du Ming is just a diligent and diligent judge, and a good presiding judge."

"And through the whole case, it is the responsibility of the law enforcement side to arrest people, it is the responsibility of the prosecution to submit the case for prosecution, and it is the responsibility of the court to make a judgment."

"Has the court made a final decision?"

"The court has not yet made a final decision."

"In this process, most of the legal opinions put forward by the defendant at that time, that is, Qin Bao's side, were adopted."

"For example, I listened to the review of the court session and the relevant opinions."

"There were no irregularities in the process, and there were no violations of the law or violation of the litigation management regulations."

"Based on the above points, it can be clearly shown through the behavior of our parties that Du Ming did not have any dereliction of duty, abuse of rights, dereliction of duty, and perversion of the law in the process of trial."

"We believe that the chain of evidence provided by the prosecution is not sufficient, and the indictment against our party should be dismissed."

"In the process, we believe that the prosecution did not fully understand the facts and the circumstances of the trial at that time."

"There was an erroneous judgment as to whether our party had committed a crime."

"Or rather..."

"We believe that it was public opinion that coerced the judiciary, which led the prosecution to make an erroneous judgment, which led to the prosecution initiating a public prosecution against us."

"Presiding Judge, our point of view has been stated."

.

….

Public opinion coerced the judiciary, causing the prosecutor to make wrong judgments?

This kind of talk ....

Su Bai smiled when he heard the defendant's litigation statement.

Can public opinion coerce the judiciary?

Obviously it can't and it can't be!

Public opinion only supervises the judiciary, and if it wants to coerce, it must use substantive evidence.

He has seen that judicial personnel are relatively attentive to the case because of the problem of public opinion, the judgment is processed quickly, and the verdict and sentence are in line with the crime.

In order to avoid causing excessive public opinion controversy.

But!

He really hasn't seen which person has been "wrongly judged" because of public opinion.

The last sentence mentioned by the other party that public opinion coercs the judiciary, as a legal worker, should be very clear that it is simply impossible.

But the other party just brought it up....

What is the purpose?

The purpose is to let the prosecution testify on its own through the statement in this last paragraph, or let the prosecution fall into a situation where there is no public opinion coercing the trial law.

Once you get into this view, then the prosecution is at a disadvantage.

The defense can continue to make statements from the perspective of public opinion, which leads to the final judgment of the presiding judge that it deviates from the original trial procedure.

To put it bluntly, this is a plea technique.

.

….

After Xu Xiao finished stating the relevant situation, the presiding judge Xu Hao rang the hammer and asked the prosecutor to refute or raise objections to Xu Xiao's views.

Cao Xue frowned slightly when facing Xu Xiao's statement, and focused on the last paragraph.

Public opinion coerces justice?

Isn't it proper for the defense to raise this situation?

What is Justice?

The judiciary has a factual and legal basis, and how can it be possible to influence judicial decisions because of the pressure generated by public opinion.

The prosecution filed an indictment....

is not only the above points that Xu Xiao said, but also contains the recording evidence provided by Su Bai at that time.

Although the recorded evidence could not effectively prove that Du Ming had arbitrarily adjudicated and abused his power.

But that evidence showed that there must be something wrong with Du Ming.

And then there is Ma Wu's indication, which is the most important evidence.

These other parties did not mention it, and without mentioning any evidence, suddenly a sentence of public opinion coerced the judiciary?

？？？？

Cao Xue spoke: "Public opinion coercs justice? I would like to ask the defense lawyer, what do you mean by public opinion coercing justice? ”

"Justice is based on evidence, and this statement of yours seriously doubts the process of our prosecution's proceedings?"

"The prosecution's proceedings are conducted in public, and the defendant can watch the proceedings if they need to be made public."

"We believe that the answer of the defendant's litigation lawyer is completely quibbling, does not comply with the provisions of the trial, and has no legal basis and no factual basis to supplement it."

"The prosecution applied to dismiss the defense statement."

Xu Xiao then continued to speak: "But from the side, is the prosecution under considerable pressure for this trial?" ”

"Is there any influence of public opinion in it?"

"The prosecution is relatively clear about this, right?"

Do this every day, deliberately pull it in this direction, right?

Su Bai raised his hand and interrupted Xu Xiao's inquiry.

In practical terms.

Xu Xiao's questioning is nothing more than wanting to forcibly pull the prosecution into his public opinion plea through step-by-step questioning.

And it is "sophistry".

This trial is still a live broadcast.

If you say....to be pulled in, you lose the plea on whether public opinion has affected the judicial power.

In this trial, it is difficult to make a subjective laterality judgment.

Other words....

Du Ming has indeed violated the law and committed crimes, and there are indeed these crimes, and these crimes have been confirmed.

But the masses don't believe that.

indirectly affects the credibility of the trial, which further leads to a light sentence in the collegial panel's consideration of the verdict against Du Ming, or a suspended sentence in consideration of public influence.

Plainly.

This means that the court, after comprehensive consideration, will make a judgment according to the lightest punishment.

What did Su Bai come to this trial for?

In order to increase the sentence for this group of lawbreakers who break the law!

If Xu Xiao has been questioning the potential incompleteness of the litigation and the problems in the litigation process in the following defense.

As a result, it will be difficult to carry out this trial, and the public opinion will become louder and louder, which will deviate from the purpose of his participation in the trial.

For him, indirectness is the equivalent of losing the case.

The signal of interruption was agreed by the presiding judge, Su Bai looked at Xu Xiao and spoke:

"I would like to ask the defense lawyer, according to your statement, the prosecution initiated the prosecution due to the pressure of public opinion, so can you come up with actual evidence?"

"Or....you just rely on your subjective conjecture and want to use the live broadcast of the trial to cause huge judicial public opinion to the prosecution and affect the judicial verdict?"

Xu Xiao immediately retorted: "No." ”

Su Bai smiled: "You didn't?" ”

"You didn't, but why has the prosecution already submitted a public prosecution process and corresponding evidence, and you still have to keep holding on to the prosecution's judicial prosecution because of public opinion?"

"Aren't you going to use public opinion to influence judicial decisions?"

"The prosecution can produce relevant evidence, can you?"

"As a criminal lawyer, don't you know that everything is based on evidence?"

"There is no evidence to support the subjectivity, to suspect that the prosecution is prosecuting because of the pressure of public opinion, where did you get this statement?"

Su Bai's rhetorical question didn't just stop Xu Xiao.

By the way, it also reminded the prosecution and the collegial panel.

Xu Hao was already very stressed about this case.

But the defendant's attorney ad litem seized the pressure and vigorously mentioned it.

He himself was disgusted by this, but as a member of the trial, he could not question and refute in court.

Now that Su Bai said it, Xu Hao immediately rang the gavel.

"The statements of the defendant's agent ad litem have absolutely no direct or indirect relationship with this trial."

"Dismissal of the statements of the defendant's attorney ad litem."

"And the court is here to remind you."

"The defendant's attorney ad litem should note that your statement in court is about the illegal conduct of your client."

"The prosecution has presented relevant evidence and evidence."

"If you disagree with the relevant evidence, please show the relevant evidence or evidence, not rely on subjective assumptions."

"Please take note of this!"

"It's been reminded once now, and there must be no next time."

Xu Xiao glanced at Su Bai lightly and replied, "Okay presiding judge..."

The hammer sounded, Xu Hao sorted out the relevant litigation materials and continued to speak.

"In what ways does the defendant think that a complete chain of evidence cannot be formed for Du Ming's prosecution, or does the defendant have objections to the determination of facts?"

After Xu Xiao's nonsense just now, Xu Hao did not give Xu Xiao a chance to continue to talk about things this time.

Ask the defendant directly if he has any objections to the facts and basis.

Questioning in this way can effectively speed up the efficiency of the trial, and it is also to prevent Xu Xiao from continuing to exert corresponding public opinion pressure on other matters.

Faced with the presiding judge's question, Xu Xiao took a deep breath.

Originally, he did intend to exert relevant pressure on the court through public opinion.

At least in terms of tendencies, it can't be too directed at Du Ming.

But I didn't expect it....

The lawyer in the accuser's seat actually started to question him directly in reverse!

It was kind of a surprise to him.

This leads to .... can only fight for the relevant legal rights and interests of his client Du Ming through the plea of the trial.

Meantime.

Du Ming, who was in the defendant's seat, heard the presiding judge's question.

Silent recitation: It's a pity.

.

….

Facing Xu Hao's inquiry, Xu Xiao spoke: "Presiding judge, yes." ”

"I disagree with one of the pieces of evidence submitted by the prosecution."

"Please make a statement, but you must not state subjectivity."

With the experience just now, Xu Hao specially reminded Xu Xiao.

Xu Xiaoyan sighed and nodded: "Okay, presiding judge." ”

"Our evidentiary objection is—"

"The prosecution believes that there is such evidence in our abuse of power."

"According to the prosecution:"

"Du Ming is in the process of trying Qin Bao's case."

"The inspection report submitted by Qin Bao's entrusted lawyer, Su Bai, was rejected and the inspection report submitted by Ma Wu, that is, the prosecutor at that time, was adopted."

"This evidence is the key evidence that directly proves the abuse of our rights."

"In this regard, we do not agree with this evidence, which can be used as a judgment of abuse of our power."

In this case, Du Ming was suspected of the crimes, dereliction of duty, abuse of power and arbitrary adjudication.

are based on this key piece of evidence.

As long as the court does not make a judgment on this evidence, then Du Ming's exoneration can be achieved.

It's just that it is relatively difficult to refute this evidence, which is why Xu Xiao wanted to pull the prosecution into the pit at the beginning.

But due to Su Bai's reminder, it didn't work.

After listening to Xu Xiao's statement, Xu Hao continued to speak:

"What is the factual and legal basis for your disagreement with this evidence?"

Xu Xiao: "We believe that this evidence is too general and vague. ”

"First of all, from the subjectivity of our party, Du Ming cannot judge which party provides a true test report."

"But...."

"The test report submitted by the prosecution has legal effect."

"As a judge, Du Ming has the right to use the inspection report submitted by the prosecution and refuse to use the test report provided by the defendant at that time."

Xu Hao continued to ask: "But at the beginning, the defendant mentioned at that time that he wanted to re-test by a third-party agency. ”

"Putting forward the test report of Ancheng, there may be fraud, and Du Ming rejected the defendant's proposal on the spot."

"On this point, how do the defendant's lawyer and the defendant's client explain it?"

Du Ming spoke as a party: "Because the evidence at that time has been able to be adjudicated, there is no need to test it again." ”

Xu Hao glanced at Du Ming, everyone is the chief judge, don't pretend if you are careful.

What does it mean that there is no need for testing at that time?

You directly regarded the defendant's evidence as perjury, right?

Xu Hao looked down at the litigation materials and spoke:

"Let me ask Du Ming, the defendant of the defense, do you know that the test report provided by the prosecution at that time was an illegal report?"

This question is equivalent to directly hitting the most critical point in this trial.

Knowing....is a subjective act.

It is also the most important point in judging abuse of power.

Du Ming took a deep breath and looked at Ma Wu.

Ma Wu noticed Du Ming's gaze and shook his head slightly.

Du Ming sighed helplessly: "I know." ”

"The defendant knew that the test report provided by the prosecution was an illegal report and was a false testimony, so why did he insist on using the illegal report?"

"As a judge, you should be aware of the serious consequences of admitting illegal evidence and the impact it has on judicial decisions."

"According to the legal interpretation and application conditions of abuse of power, dereliction of duty and arbitrary judgment."

"Let me ask the lawyer entrusted by the defense, do you think that in this process, Du Ming, as a member of the trial, knew that the test report submitted by the prosecution was illegal evidence."

"Challenge the defence and present evidence of relevance."

"Du Ming does not admit it, but still uses illegal evidence to make a judgment."

"Is this an abuse of power?"

Xu Xiao was silent.

He couldn't answer that question, and he couldn't answer it.

Does it count?

Definitely.

However, as Du Ming's entrusted lawyer, he must make a plea at trial from Du Ming's entrustment request.

Help Du Ming to obtain more of his own legal rights and interests.

Silence in the face of the defendant's party.

Xu Hao's heart was happy.

Xu Xiao's speech at the trial just now made him feel a lot of pressure, and now he is so happy.

And it's doubly exciting.

This trial was well prepared and well documented.

No one in the defence seat is innocent.

In this case, the defendant is like Ma Wu, can't he just admit guilt and accept punishment?

Why all the mess?

Use trial skills and public opinion to exert pressure on the court.

There is no need at all.

The prosecution has sufficient evidence, and no matter how powerful your trial skills are, they will not be of any use in the face of absolute evidence....

Knock knock!

This time, the sound of the hammer struck was particularly brisk in the courtroom.

"Do you have any other questions about the complete chain of evidence provided by the prosecution by the defendant Du Ming and the defense litigation lawyer?"

"Or are there any objections?"

Xu Xiao sighed: "There is no objection." ”

"There is no objection, the facts are established!"

Xu Hao's serious voice reached the ears of everyone in the hearing room.

.

….

Prosecution seat.

A flush appeared on Li Xuezhen's face.

The trial went so far.

In the defendant's seat, Ma Wu pleaded guilty and accepted punishment, and Fang Shijun and Feng Xiang have been sentenced.

The most important, the most critical Du Ming, is not hard at the mouth now.

Isn't it all sent in....?

Wonderful, wonderful!.

….

PS: Ask for monthly pass readers.

(End of chapter)