Bench on the judging table.

Ma Qiao, as the presiding judge of this trial, was also very difficult to face with how to decide.

The current situation is -

The prosecution has already forcibly filed a public prosecution, and he needs to make a verdict, but....

How is this case decided?

To be honest, according to the current correct situation, it can be adjudicated, but the case will definitely be overturned later.

If the case is overturned later, he must have turned it over himself....

If the other party initiates a supervisory review, what should I do?

Therefore, there are too many judgment issues faced by this case, and the judgment cannot be forced, and Ma Qiao is also a little unsure of how to deal with it for a while.

After all....

Anyway, at the beginning, he thought that the case could not be judged casually.

If the prosecutor can come up with strong evidence, it will not have much impact if he is a little biased.

But this case has been tried until now....

The prosecution does not have an advantage either in terms of evidence or in terms of legal arguments.

If he insisted on judging, what the result would be, he knew very well in his heart.

Although it is said that someone has said hello....but if you have said hello, you have said hello, and if you have a judgment, it is related to yourself.

Can't you just say hello and carry this pot on my back, right?

No way!

Can you ignore the above greetings? Definitely not.

So now I am facing a small problem, proving that I did my best.

I've done my best, and there's nothing wrong with it, right?

Take a deep breath and clear your mind.

At present, if the court wants to convict Xiao Haibo, the only way is to get an illegal evidence.

Where does illegal evidence come from?

The source of illegal evidence can only come from witnesses.

Ma Qiao rang the hammer, looked at Xia Guangming in the witness seat, and asked:

"Witness Xia Guangming, do you have anything else to add?"

Faced with the presiding judge's inquiry, Xia Guangming was a little overwhelmed, because this was not the same script he got....

The case ....

At first, he didn't want to make accusations.

The reason why he testified against Xiao Haibo was because people from Wanli Co., Ltd. found him.

Tell him that if he chooses to charge, then he will return the principal and interest, and give him an additional sum of money.

Otherwise, even if it is executed by the court, Wanli Co., Ltd. can repeatedly sue him, at least for two or three years.

Two or three years is too long for him to procrastinate.

Then there is the other party's very clear statement, I don't know if the company will have money after two or three years.

By that time, he might not even have his principal.

Knowing the money he had put in, it was all he could raise with his wife and family.

There was no way, Xia Guangming had no choice but to make accusations.

But for the accusations, he did not know what to do.

So, according to what the legal counsel of Wanli Co., Ltd. told him, there are some things that should be said and how to be expressed.

In fact, he did all of the above.

But now the situation is that the presiding judge has come to ask him if he has anything to add....

He can't add it!

If he wins this trial, he can get his money, and if he can't win the lawsuit, the money will not be returned!

And in the trial, he also saw it, that is, Xiao Haibo's accusations seemed to be very weak.

What to do?

If you can't win the lawsuit, you won't get the money!

Xiao Haibo was a little anxious.

At this time, Ma Qiao continued to state the question just now:

"Witness Xia Guangming, do you have anything else that you need to add?"

"For example....at the time of the original trial, did Xiao Haibo forge any documents or induce him to make some false statements in the courtroom."

"These untrue statements are not your subjective untruthfulness, but untruths that do not correspond to the actual situation."

"Is there any of the above?"

Su Bai: ???

What do you mean by the constant questioning? Is it a hint?

Xia Guangming was about to speak, but Su Bai opened his mouth to cut off: "I am here to remind the witnesses." ”

"Your confession has the force of law in the court trial, so you also need to bear the corresponding responsibilities and legal obligations."

"The court and the prosecution will verify the confessions of witnesses, and they need to produce corresponding written evidence and review evidence."

"If it is proved that the testimony of a witness is false, criminal measures will be taken."

Su Bai had been paying attention to Xia Guangming's expression, and he could see that the other party was hesitating.

So when Xia Guangming was about to speak, he deliberately pointed out this point.

….

When Xia Guangming heard Su Bai's words, he was stunned for a moment, and then shook his head: "Presiding judge, I have nothing to add." ”

Knock knock!

The magic hammer sounded, Ma Qiao nodded, and then spoke: "The witness has nothing to add, does the prosecution have anything else to add?" ”

Shi Xiujie shook his head, the case is going on here, and it completely depends on the judge's verdict.

"Nope."

"Since neither the prosecution nor the witnesses have anything to add, the trial is adjourned for the time being."

"The court adjourned for an hour, and the trial resumed an hour later."

After speaking.

Ma Qiao and two other members of the collegial panel left the trial together.

On the court court.

Su Bai exhaled lightly, raised his head and saw Shi Xiujie's slightly smug face, smiled slightly, and continued to sort out the litigation materials.

After this adjournment, the trial should have been announced.

Judging from the evidence currently available, if the court finds Xiao Haibo guilty, it will definitely be crazy.

No one would dare to judge like this....

.

….

Meanwhile.

Because this trial involved the issue of a lawyer being framed, especially a well-known lawyer in the Nandu circle, it also attracted the attention of the Nandu lawyer circle, including the lawyer circle of surrounding provinces and cities.

This time, there were many lawyers and court workers who watched the live broadcast of the trial, as well as relevant personnel involved in the legal circle.

Watching the barrage of the live trial, there were a lot of doubts.

"Hey....the supervision department of the heavy city is when everyone hasn't studied the law, right? Asked blindly at the trial, everyone is a lawyer, who can't see what kind of calculation this is? ”

"Straight to the point.... In my opinion, this trial is to make this Xia Guangming perjury, and then accuse the defendant! ”

"I've heard all the abacus beads in Nandu!"

"That's right! The key point is that this trial is outrageous, why was it prosecuted? Won't the prosecutor carefully review the case to see if the defendant can be convicted?

In accordance with relevant provisions, where the evidence is insufficient or the crime is relatively minor, and there is no criminal intent, the prosecution shall be withdrawn. ”

"Xiao Haibo's case is fully achieved, and the prosecution should be withdrawn, and this confession and some other evidence should be used to prove that the defendant has committed perjury, isn't this pure nonsense?"

"Ahem.... After watching the live broadcast, the situation on the trial floor, how do I feel that the prosecutor in this trial has a problem? ”

"Hehe.... Even if there is a problem, what's wrong? Since he can conduct a public live trial, he should accept the supervision of public opinion, if this kind of case is sentenced, then which foreign lawyer will dare to go to the city to fight a lawsuit in the future? ”

"If you go to this kind of judicial environment, if you win the lawsuit, you will be locked up, who is not afraid?"

"Okay, okay, let's stop arguing, as far as the current situation is concerned, it is far from the level of the verdict.... Wait for the court to begin, keep watching! ”

.

….

Meanwhile.

In the collegial chamber, Ma Qiao and two other judges sat on the sofa.

The other two members of the collegial panel are Li Huan and Wang Mo.

Li Huan, Wang Mo and Ma Qiao, in this trial, the three members of the collegial panel were all greeted.

Li Huan rubbed his eyebrows: "Judge Ma, how should this case be judged?" ”

"Now the evidence on the prosecutor's side is a little bad, this case....we are not too easy to handle...."

"Is the trial suspended, let the prosecutor sort out the evidence again, and then file a trial lawsuit, or is it directly sentenced in this trial?"

Wang Mo on the other side opened his mouth and retorted: "What is difficult to deal with, there is no need to suspend the trial at all, just judge directly, I think the evidence is enough now." ”

"Enough already?"

"That's right!"

Wang Mingming nodded genuinely: "What is the main thing about the content of this trial?" ”

"According to the statements of the defendants, the most important thing is whether Xiao Haibo's behavior affected the outcome of the judgment at that time."

"I remember that in the first-instance lawsuit, didn't Xiao Haibo come up with a piece of evidence?"

"I remember that the evidence seemed to have been accepted by the civil judge of the first court, and the content was about Xia Guangming's views on illegal fundraising and Wanli Co., Ltd."

"This trial can completely start from this evidence, and the witness directly changes his words, so that the prosecutor can bring it up at the trial?"

"This is a live trial, and it's not a closed trial, can't we be burdened with everything, right? As long as we make a judgment according to this point, we will have evidence to make a judgment at that time, and nothing will fall on us..."

"It's too.... We can't be asked to carry any pot, otherwise, we will be traced back to the future. ”

"In that case, then contact the prosecutor, let the prosecutor and witnesses talk about it, and then follow this...."

"Presiding Judge Ma, is this the verdict okay?"

Ma Qiao was silent for a few seconds, and did not speak.

Seeing this, Wang Mo said to Li Huan: "In this way, we can make a difference, but it will not have any impact." ”

"Let's just follow this...."

.

….

Soon, Ma Qiao nodded to confirm the matter.

Seeing this, Wang Mo sent a message to Shi Xiujie, hinting at a few words.

At the same time, during the adjournment, Shi Xiujie also found an opportunity to tell Xia Guangming about this matter.

Xia Guangming hesitated slightly: "The defendant's lawyer said that this matter will go to jail." ”

Regarding Xia Guangming's worries, Shi Xiujie only said one sentence: "If you lose this trial, you are now also suspected of making false accusations." ”

Xia Guangming's face was entangled, he gritted his teeth, and finally nodded and agreed with Shi Xiujie's approach.

.

….

Xiao Haibo's case was soon heard again.

In the court trial, Su Bai originally thought that the verdict was about to be made.

But unexpectedly, there was a reversal, and prosecutor Shi Xiujie once again presented a new piece of evidence.

Su Bai: ???

In his opinion, this case has now entered the final stage, and as long as the parties have completed their court presentations, they can continue to adjudicate.

Who would have thought that there would be a big reversal?

Su Bai's gaze fell on Shi Xiujie, no, what is this for?

Bring up new evidence?!

Su Bai retorted in court: "We ask for cross-examination!" ”

The evidence was originally obtained from Xia Guangming's confession, and Shi Xiujie was not worried at all.

As long as Xia Guangming answered well, and bit to death.

Then there's basically nothing too big of a problem.

In the face of the court's consent, Su Bai changed his words in response to Xia Guangming-

Xiao Haibo, as Xia Guangming's entrusted lawyer, put forward such evidence during the lawsuit.

The general content is that Xia Guangming knows whether Wanli Co., Ltd. is illegal fundraising.

Xia Guangming originally replied that he didn't know, but at this trial, he suddenly changed his words and said that Xiao Haibo told Xia Guangming and asked him to answer at the trial.

And brought it up at the trial, it was Xiao Haibo who asked Xia Guangming to say so.

Regarding this sudden situation, Xiao Haibo was also very confused.

No matter how good he was, he couldn't get his client to answer such a question.

Apparently!

This lawsuit just wanted him to go in, so this kind of illegal evidence was provided!

.

….

Of course, Su Bai was also very clear about this, so he raised it in court for cross-examination.

According to article 47 of the provisions on evidence, the submission of evidence shall be debated by the parties.

The general meaning is that if the parties agree with this evidence, then this evidence is legitimate.

If the party does not agree with this evidence, then the prosecution must come up with the corresponding basis to get the party to agree with this evidence.

In other words, the court directly determines the reasonableness of the evidence through the corresponding basis submitted by the prosecution.

The cross-examination process also protects the legitimate rights and interests of the parties to a certain extent.

Evidence.

Xiao Haibo spoke: "Presiding Judge, I don't agree with this question raised by the witness, and I refuse to admit it. ”

"I never told Xia Guangming to state at the trial that he knew or did not know that Wanli Co., Ltd. was illegally fundraising."

"This is obviously Xia Guangming's slander against me, and I ask the court to investigate this point."

On the presiding judge's seat, Ma Qiao exhaled lightly, sorted out the litigation materials, and looked at the defendant's seat.

"Defendant, on what basis do you not admit this?"

"I don't admit it because I've never said anything like that."

"Never said? Can you guarantee the accuracy of what you say? ”

"I can guarantee it!"

Xiao Haibo looked up at the presiding judge.

Li Xuezhen on the side frowned, also looked at the seat on the trial table, and couldn't help whispering:

"Lawyer Su.... This presiding judge's target is too obvious, right? ”

"What are we going to do...."

Su Bai took a deep breath, the presiding judge's statement was indeed very obvious, especially this issue.

What to do....?!

We don't have that overnight gas, and those who can be scared in court should go back in court!

Su Bai raised his hand to signal, and then spoke: "Presiding judge, according to the cross-examination, the evidence that our party does not admit requires the prosecution to present corresponding evidence to prove the legitimacy of the evidence. ”

"Otherwise, it's illegal."

"According to the relevant regulations, the evidence must be provided by the prosecution, and the source should be provided, and the legitimacy of the evidence should be provided."

"In Xia Guangming's act of providing a confession as a witness, the confession has not been verified, so it is not accepted as a condition for the judgment of our party in accordance with the law."

"I don't know why the presiding judge asked our client if he guaranteed the accuracy of these words."

"But the presiding judge should know that the confessional evidence has not been proved and cannot be admissible, so why does the presiding judge still question our client?"

"Shouldn't the prosecution and witnesses be questioned?"

"Or maybe the presiding judge doesn't know this?"

"If I don't know this, I've stated it now, so I hope the presiding judge should ask about the legitimacy of the source of the evidence."

"Rather than questioning our client in the context of such obvious unreasonable evidence."

"I would like to remind the collegial panel that the trial cannot be advanced in an illegal manner."

"If the court of first instance proceeds with us in violation of the procedure, then the court of second instance will file a corresponding appeal."

"Give our parties their due legal rights and legal obligations!"

That's it.

Su Bai's gaze moved away from the litigation materials and stared straight at the collegial panel seat.

Nonsense, huh?

Okay....Wanli Group is in Xiushui District, you have been sentenced today, so I will take this case to the High Court, right?

This will not be the case in the High Court, right?

Even if you give a judgment today, I lose the case, but I am not satisfied, and I still have to continue to submit it to the High Court.

The High Court is not good yet?

Then I will take this lawsuit to the Supreme People's Procuratorate and the Supreme People's Court!

Since the court of first instance was unreasonable, Su Bai had nothing to say, so he could only say that he would go back from a legal point of view.

As for the collegial panel's hard verdict, what should Xiao Haibo do?

It's nothing more than delaying some time, fighting another second trial, or delaying some more time.

What he loses is time, and what the other party loses is also time.

It's just free time.

PS: Ask for a monthly pass~

(End of chapter)