Su Bai already had a general understanding of the overall situation of this case.

The key issue is also to dismiss the prosecution's lawsuit, or to have the prosecution simply drop the charges against the case.

and the amount of compensation due for the claim.

This time, the location of the class action lawsuit is in a county below Sudu.

After learning about the relevant situation, wait for the person who came to handle the case to leave.

Su Bai simply sorted out the relevant information and exhaled lightly.

This case does have a certain degree of difficulty.

Not to mention the others, the crime of picking quarrels and provoking troubles, the determination of this point mainly depends on the court's judgment.

However, according to the inquiry just now, Lao Li, Lao Zhang, Lao Xue and others are completely defending their rights and interests reasonably and legally.

Nothing else.

This kind of can still be picked and provoked?.

….

However, the specific relevant circumstances need to be further investigated.

.

….

Ann County.

After relevant investigations, Su Bai has determined that there are no other violations in the behavior of Lao Li, Lao Zhang, Lao Xue and others.

Moreover.

To further understand the whole thing, the company that did these at that time was called, Shun An Real Estate Co., Ltd., and it was mainly in contact with the real estate industry.

.

….

After clarifying the facts, Su Bai submitted a relevant request for withdrawal of the prosecution to the law enforcement department and the procuratorial department.

However, the prosecution department rejected Su Bai's request on the grounds that the facts of the crime were sufficient.

Su Bai: ???

Are there enough facts about the crime?

No, the relevant circumstances have already shown that Lao Li, Lao Zhang, Lao Xue and others are only carrying out simple rights protection acts.

There is nothing else out of the ordinary.

Can this be dismissed? And replied, just a sentence of criminal facts, and the evidence is sufficient.

Ok, good, good!

He wanted to know what kind of crime was sufficient.

.

….

On the eve of the trial, Su Bai applied to the court for an open hearing.

The court rejected Su Bai's application for a public hearing on the grounds that it involved the image of Shun An Real Estate Co., Ltd.

But....

The trial could not be held in public, and it did not have much of an impact.

It is nothing more than that the presiding judge and the two members of the collegial panel can be tendentious at the trial.

But!

Tendencies are tendencies, and it is clear that there are certain problems with the prosecution in this case.

For example, in the case of Lao Li, Lao Zhang and Lao Xue, if it must be judged by picking quarrels and provoking trouble, it is generally judged in accordance with the public security administrative punishment.

Of course, the use of public security administrative penalties is also unreasonable, but it will not lead to public prosecution.

How is picking quarrels and provoking troubles under normal circumstances determined?

Gangs gather to assault, verbally abuse, and provoke others.

None of the above appeared in this case.

Only legitimate means of rights protection were used.

So.... Su Bai believes that the prosecution will not withdraw the case and insist on submitting it to the court, which is a bit outrageous.

But in any case, the prosecution has now been initiated.

Then it is still necessary to apply to the court for the rejection of relevance in the court court.

.

….

Meanwhile.

On the eve of the trial, Wang An, the boss of Shun An Real Estate Co., Ltd.

After hearing the assistant's report, the group of villagers who demanded compensation actually found a lawyer.

He smiled and said to the assistant without paying much attention.

"Didn't you arrange this?"

The assistant replied: "Mr. Wang, it has been arranged." ”

"It's just..."

"There is a very famous lawyer on the other side, and if a lawsuit really starts, it will be very unfavorable to public opinion on our side."

"Maybe there will be some bad repercussions, and then I contacted the court..."

"I asked about the situation, and what I said over there was not easy to do."

"What's not to do? Judge what you should do. ”

Wang An waved his hand, not too concerned.

"This matter, it is obvious that the other party wants too much, and he is making trouble at the door of our company, isn't he picking quarrels and provoking trouble?"

"I'll ask about the situation in this matter, but I still have to warn you, pay attention to the impact, don't make too much trouble, otherwise it will be difficult to explain."

"yes, I see."

The assistant nodded and left the office.

.

….

Soon, the court date arrived.

Su Bai took Li Xuezhen to the Anxian County Court.

Waiting room.

After waiting for nearly seven or eight minutes, the relevant staff took them to the scene of the trial.

Once the parties are seated, the clerk begins to read out the relevant court discipline and other requirements.

After the reading was completed, there was a call for the presiding judge, and the judges entered.

The members of the collegial panel stepped onto the bench.

In the presiding judge's seat, Hu Jun, as the presiding judge of this trial, began to verify the identity of the personnel and go through other process matters.

After everything is ready.

Hu Jun subconsciously looked at the defendant's agent ad litem.

Noticing Su Bai in the seat of the defendant's agent ad litem, Hu Jun only felt a headache.

In this case, the prosecution should have been under some pressure to prosecute.

The court can only accept the trial of this trial.

He was originally reluctant because there were too many things involved in this case.

But there is no way....

This time the trial can only be conducted by him.

Taking a deep breath, Hu Jun began to get the prosecution to present the pleadings.

"The trial process is ready, the personnel information has been verified, and the prosecution is requested to start making statements about the relevant content of this trial."

As a prosecutor, Ma Huo opened his mouth to make a statement after hearing the presiding judge's opening.

"Presiding Judge, with regard to the defence, the relevant statements of the prosecution are as follows:"

"The prosecution determined that the defendants Li, Zhang, and Xue were picking quarrels and provoking trouble."

"Reason for determination:"

"Li, Zhang and Xue, led by the three of them, formed a group, and carried out improper activities with other people to Shun'an Real Estate Co., Ltd."

"The object and objective conditions of the crime of picking quarrels and provoking troubles have been reached."

"In picking quarrels and provoking troubles, the object condition of the ontology is to disturb public order."

"The objective condition is that it is manifested as an act that causes trouble out of nothing and disrupts public order."

"Li, Zhang and Xue, the three of them organized nearly 50 people to carry out activities in front of Shun An Real Estate Co., Ltd., which seriously affected the business activities and normal public order of Shun An Real Estate Co., Ltd."

"The standard for initiating a prosecution has been met."

"In accordance with relevant laws and regulations, the prosecution prosecuted Li, Zhang, Xue and other organizational personnel."

"Recommended sentence: Xue is the main core member, the proposer, and the prosecution recommends a sentence of two years and 6 months."

"Li and Zhang, as the main personnel, are recommended for one year and 6 months in prison."

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

After Ma Sloppy finished his statement, he looked up at the presiding judge's seat, what did he say about this case.

Basically, there are no other major problems, since the prosecution has been initiated, then it will definitely be sentenced, and the specific verdict is in the presiding judge.

He only needs to provide a statement of the conditions of the past verdict.

As long as there is evidence, there is nothing wrong with the verdict in this case.

Each presiding judge has a different view on the understanding of the relevant law.

Especially crimes like picking quarrels and provoking trouble.

This trial still depends on the presiding judge's understanding of the law, and the inclination is on their side. So as long as the trial is prosecuted, it is considered to be over.

After all....

Unlike other cases, this kind of case lacks key evidence and legal explanations.

The understanding of picking quarrels and provoking troubles depends on the judge's considerations, or how can it be said that picking quarrels and provoking troubles is a universal crime?

In the presiding judge's seat, Hu Jun turned his attention to the lawyer appointed by the defense.

"Does the defense have anything to say about the prosecution's charges?"

"Some presiding judges."

"Let's talk about it."

Hearing the presiding judge's words, Su Bai immediately spoke: "We do not agree with the prosecution's statement, specifically the following points:"

"The prosecution is stating that our client is guilty of picking quarrels and provoking trouble."

"As members of the legal profession, you should know that there are certain requirements for picking quarrels and provoking trouble."

"That is, it needs to cause a certain amount of damage to public order."

"Although the scope of picking quarrels and provoking troubles is broad and can be understood according to everyone's thinking, the scope and severity of the damage caused,"

"But we didn't disrupt public order at all!"

"The three people stated by the prosecution, Li, Zhang and Xue, as our parties, violated picking quarrels and provoking troubles, and the fourth point is through picking quarrels and provoking troubles: causing public order chaos by making a noise in a public place."

"I would like to ask, did the prosecution use this to determine that our side picked quarrels and provoked trouble?"

Sloppy: "Yes. ”

"Then I would like to ask how the prosecution determined that the riot caused public disorder?"

"There is a causal relationship between the two points of uproar and causing public disorder, right?"

"In the course of this case, Li, Zhang, Xue and others did not make a fuss, they just carried out normal rights protection behaviors, and did not cause any so-called public order chaos."

"So there was no uproar, there was no chaos that affected public order."

"I don't quite understand what the prosecution means by the heckling that it caused public disorder, can the prosecution give a detailed statement about this?"

Faced with Su Bai's inquiry, he said sloppily:

"According to the guidance and relevant definitions for picking quarrels and provoking trouble, heckling refers to the same behavior carried out by multiple people in the same scene, causing related public disorder."

"More than four people can refer to multiple people, and in this case, the number of people involved is as high as dozens, which has reached the definition of a team."

"It affects public order and causes chaos in public order, which is very easy to explain, for the behavior of Li, Zhang and Xue and others, it has seriously affected the operation of Shun An Real Estate Co., Ltd."

"And it has caused a huge impact on the reputation and other circumstances of Shun'an Real Estate Co., Ltd., in the face of the persuasion of law enforcement officials, Li, Zhang and Xue did not listen to the dissuasion, and still continued to insist on going their own way."

"And many times."

"Based on the above behavior, is there any problem with Li, Zhang, and Xue judging that they are picking quarrels and provoking trouble?"

"There's a problem!"

Su Bai retorted: "I don't agree with the prosecution's point of view. ”

"What we just stated is not that we have repeatedly disagreed with persuasion, but the question we asked is at what point does our side affect public order?"

"What is public order?"

"Public order refers to some common matters in life, which affect public order, and it is these matters that are affected."

"Our parties and others only stood outside the company to defend their rights, first, they did not insult them, second, they did not beat them, and third, they did not take the initiative to disturb others."

"So, the prosecution's statement that our client led others to influence public order together refers to the impact on the work of the employees of Shun An Company?"

"But this is not something that we are willing to influence, and we do not obstruct others from doing their work."

"Again."

"The prosecution also stated that the law enforcement side has repeatedly persuaded our party and others."

"Yes."

"We can't deny this, it is true that we have been persuaded to do so, but we are defending rights, have they not done anything illegal and undisciplined?"

"And we have communicated with law enforcement officials accordingly."

"So I didn't do anything that violated the law and discipline, and I didn't do anything to resist law enforcement."

"At what point do we affect the relevant public order?"

"Based on the above, we do not agree with the corresponding view of the prosecution."

"I also ask the presiding judge to consider whether our side is using reasonable means to defend its rights."

"It is determined that our side is not picking quarrels and provoking trouble."

Su Bai looked up slightly at the presiding judge's seat.

The key point of this defense is whether it affects public order.

From the general judgment of picking quarrels and provoking troubles in criminal offences.

The conviction of this crime, in accordance with point 4, requires adverse consequences.

But....

Lao Li, Lao Zhang and Lao Xue did not have any adverse impact in the process of defending their rights.

If you want to talk about the impact, it is nothing more than affecting the face of Shun An Company.

But is Thuan An equal to public order?

Not the same!

But then again, can this case be judged as picking quarrels and provoking trouble?

OK.

If the presiding judge makes a hard judgment, he will still be able to make a judgment.

But....

This raises other questions, such as whether there has been a perversion of the law.

Therefore, the judgment of this trial mainly depends on which side the presiding judge is subjectively inclined towards.

At this time, the presiding judge's eyes also fell on Su Bai's body.

.

…

PS: During the double monthly pass, ask for a monthly pass~

(End of chapter)