Chapter 279: Expelled from the courtroom! Su Bai: I'm on the same page with you! (Booming)
Presiding Judge Hu Jun and Su Bai glanced at each other.
Retract your gaze.
The prosecution and the defense disagreed on the verdict in this case.
Seeing that no one could convince anyone, the defense of the trial fell into anxiety.
But actually.
The final admissibility of the statements of the prosecution and the defense is in his hands.
The main factor in the verdict was him.
Plainly.
Since the crime of picking quarrels and provoking troubles is prosecuted, it is generally sentenced to prison.
Why?
This is because under normal circumstances, the crime of picking quarrels and provoking troubles has a wide scope of application, and how to make a judgment is based on the presiding judge's understanding.
This is also known as the right to interpret the law.
The defence statement has a certain basis, but if he believes that the prosecution's statement is based on evidence, it can be completely accepted and will not be affected in any way.
this case.
The above attaches great importance to it, and Wang An has contacted him.
The prosecution has a reasonable basis for the accusation, and he can go through the process here.
Faced with the dispute between the two sides, Hu Jun, as the presiding judge, was silent for a few seconds, and then spoke to Su Bai:
"The defendant entrusted a lawyer to state that Zhang, Li, Xue and others defended their rights by using reasonable conduct."
"Then can I ask, is this reasonable process to go to the door of someone's company to defend your rights?"
"Can't they report it or file a reasonable complaint with the relevant department?"
"I support rights protection."
"I don't support this kind of unreasonable rights protection."
Su Bai:.
Rights Protection?
Why do you use this unreasonable way to protect your rights, don't you know in your heart?
In this case, the way that should have been carried out has already been carried out, and there must be no way, so this method of rights protection is the last resort.
Does the presiding judge really not know or does not know?
Su Bai hadn't spoken yet.
In the defendant's seat, Lao Xue directly broke out:
"Is it because we don't want a reasonable complaint resolution?"
"But this TM has been solved!"
"Huh?"
"We complained from the beginning, but it dragged on until it happened, and there was no news."
"We don't want to fix it, do we?!"
"Solved?!"
"There's no way, we can only go to their company to defend our rights, what's the problem?"
"If our matter can be solved early, can we still go to their company to defend our rights and claim our legal rights? We don't need it at all, we can only use this way to defend our rights, understand?! ”
Lao Xue was about to get excited as he spoke.
Hu Jun immediately rang the gavel: "Silence, silence!" ”
"The defendant is quiet, pay attention to maintaining discipline in the trial venue!"
Knock knock!
The sound of the gavel falling was deafening.
Facing the presiding judge, after Lao Xue's mood calmed down, he spoke: "Okay." ”
Immediately afterwards, Su Bai continued to add: "Presiding judge, you also heard just now, it is not that our party does not defend its rights, but that it has no choice but to choose this way of protecting its rights. ”
"From a legal point of view."
"Regardless of why we use this method of rights protection, I would like to ask, is there anything wrong with this way of protecting the rights of our parties?"
"Has it caused damage to public order?"
"Is it a malicious way to defend rights?"
"Since it has not caused a bad impact on other situations, why did the prosecution prosecute our three parties?"
"We believe that the prosecution should withdraw this case."
"Instead of using generic charges against our parties for relevance!"
Ma Hu was silent when he heard Su Bai's statement.
The lawyer entrusted by the defense himself said that this is a common crime.
It is estimated that the court can make a judgment based on picking quarrels and provoking trouble.
You gathered people and made trouble at the door of someone's company, I can just see it as picking quarrels and provoking trouble, there is no problem!
Again.
If you accuse you, in the trial, everything needs to be seen by the presiding judge.
As the prosecutor, I just need to make a simple supplement.
.
….
Bench on the judging table.
Hu Jun did not answer in the face of Su Bai's questioning, but spoke directly: "Please entrust the agent of the defendant to keep quiet, and I have not yet come to the entrusted agent to speak." ”
"In this case, whether Zhang, Li and Xue are picking quarrels and provoking trouble, they are still in the process of replying."
"Please pay attention to the defendant's authorized agent."
"When the defense lawyer is not asked, the defense lawyer should be quiet, and I am here to remind you."
"If there is a next time, then ask the bailiff to take the defendant's lawyer away from the trial scene."
The presiding judge's reminder and malicious targeting made Su Bai take a deep breath, and he had learned about Shun'an Real Estate Co., Ltd.
It is the second developer company in Anxian County.
But in the representation of this case, the court is so open and frank in protecting the prosecution?!
Even to entrust a lawyer to defend and have no right to ask questions?
Just let the bailiff take people away from the scene?!
Outrageous!
What was the behavior of Zhang, Li and Xue?
It can be seen as standing at the door of someone else's house with a sign and asking for money.
There is no beating, threatening, verbal abuse and a series of other things that harm the legal rights and interests of others.
In this way, not only was the case filed, but also prosecuted by the prosecutor, is it in the past?
Definitely can't say it!
In this case, he retorted and was even warned like this.
Hiss....
Su Bai quietly looked at Hu Jun on the seat of the judgment table, and Li Xuezhen on the side puffed up and said silently: "Send it in!" ”
The trial continued.
The presiding judge sorted out the litigation materials, skipped what had just happened, looked at the defendant's seat and continued to ask about the relevant details.
"The defendants, Zhang, Li, and Xue, the three of you organized others to ask for compensation, and carried out the act of asking for compensation at the door of Shun'an Co., Ltd."
"Is your purpose just to get compensation?"
"Yes."
Lao Xue opened his mouth to answer.
It was Lao Xue's organization to ask for the corresponding compensation, and in this regard, Lao Xue was also willing to take responsibility, so when the trial was questioned, he was the first to answer.
After Lao Xue opened his mouth to answer, Hu Jun struck the magic hammer after glancing at Su Bai.
"The relevant factual conditions of this trial, as well as the relevant evidence and clues, have been generally improved."
"Now for the adjournment."
“.….”
Recess.
When the members of the collegial panel left the courtroom, Su Bai didn't know what to say.
This trial.
It's a lot of pressure!
Li Xuezhen on the side whispered: "Lawyer Su, the court is adjourned, this time the presiding judge is too tendentious, I can't stand it..."
"However, I've found out where the inspection and review department is!"
"Hmm!"
"Huh?!"
Looking at Su Bai's puzzled eyes, Li Xuezhen's eyes narrowed a crescent moon: "It's like this Lawyer Su, I have found it with a map." ”
Su Bai: .....
Regarding Li Xuezhen's approach, Su Bai can only say that he did it beautifully!
.
….
Discussion room of the collegial panel.
This time, the court was adjourned, and Hu Jun did not want to discuss whether to make a judgment on the defendant.
The judgment can definitely be judged, because the right to interpret the law is with him.
What needs to be discussed is how to further interpret the judgment in this trial.
On this point, Hu Jun and the two judges discussed it, and finally settled on the most critical point.
In accordance with Article 4 of picking quarrels and provoking troubles, gather a crowd to disrupt social order, and make a judgment.
However, in terms of sentences, the charges against the prosecution may be shortened.
The content of the discussion was to sentence Lao Xue to one year and six months, and to the other two to six months.
If they refuse to admit guilt, then the prosecution can be asked to continue to supplement the trial.
For example, did Lao Xue and the other two induce others to claim compensation.
If this thing is decided, then it will not only be sentenced to one year and six months, but at least two more years!
Of course, about how to convince others, you can go to Wang An.
The rest is not a problem.
After a discussion on this, the trial was held again shortly after.
.
….
On the court court.
The presiding judge, Hu Jun, began to inquire about relevance.
It mainly inquired about the specific circumstances of the three defendants, and accused the three of them of making collective claims there, which was to pick quarrels and provoke trouble.
"The three defendants, what is your purpose in gathering so many people?"
"The purpose is to demand the compensation we deserve, and to ask for an explanation for us."
"Give you an explanation?"
"Isn't gathering so many people to make a claim, threatening the company to pay you compensation?"
"In this case, you believe that the compensation does not meet the relevant requirements, so did the relevant department give you an answer, or did it mention the amount of compensation?"
"You have gathered, does this mean that you are forcing Shun An Properties Co., Ltd. to compensate you?"
"Have you ever thought so?"
For such a targeted inquiry by the presiding judge, Lao Zhang, Lao Li and Lao Xue looked at each other, and they didn't know how to answer, they didn't know whether they should answer yes or no.
So he set his eyes on Su Bai.
Su Bai raised his hand to signal, but was directly ignored by the presiding judge.
In desperation, Lao Xue took the initiative to speak: "The purpose of gathering so many people at that time was mainly because there were many people, great strength, and too many people, so that Shun'an Real Estate Co., Ltd. could pay attention to our request." ”
"Otherwise... He always ignored us, and I went there a few times myself, all of which were blasted out by the security guards. ”
"Our idea is very simple, we are not forcing Shun An Co., Ltd., we are just asking for the compensation we deserve, as well as our legal rights and interests."
"Why doesn't he pay us what we deserve?"
"People are not far away from us, and the amount of compensation can be half higher than ours, we have a proper problem, we don't agree, and he took advantage of our absence to engage in some obscene means."
"Now we don't have a place to live and rent a house, we have to follow his compensation amount, accept it according to this, if you don't accept it, you don't have a penny, why? Isn't that just forcing us? ”
"It's not that we're forcing them to compensate us, it's that they're forcing us to accept their compensation!"
"Why should we accept it?"
"We also have the right to fight for our legal rights!"
"Just like today, presiding judge, you sit on the judgment table and consider the legal rights of the other party without considering our legal rights and interests, are you a good presiding judge?"
“.….”
Lao Xue sat in the defendant's seat and accused Hu Jun on the trial bench.
Hu Jun was expressionless, glanced at Lao Xue lightly, and then struck the magic hammer.
"Okay, the defendant, you don't have to go on."
"Whether I am a good judge or not, it is not up to you to say it, and I judge and judge your judgment in full accordance with the laws and regulations."
"Now the judgment on the actions of the three of you begins."
"In response to the accusations made by the prosecution, it is now determined that Zhang, Li, Xue and others organized personnel to pick quarrels and provoke trouble."
Organize people to pick quarrels and provoke trouble?
If this is adjudicated, it will be heavier than the ordinary sentence of picking quarrels and provoking trouble!
Su Bai immediately raised his hand to retort: "Presiding judge." ”
"The collegial panel ruled that Zhang, Li, and Xue organized personnel to pick quarrels and provoke trouble, and there is evidence of relevance in this regard?"
"In the cross-examination process just now, I did not see the relevant evidence submitted by the prosecution."
"The pleadings also do not state the situation of the organization's personnel."
"Presiding Judge, I would like to ask where did the information of the organization personnel come from?!"
may be because Lao Xue directly accused Hu Jun in court, which made Hu Jun extremely angry, so he decided to sentence Lao Xue and others heavily.
But in fact, Lao Xue's accusation was right!
The presiding judge's preference is obvious, and he is biased in favor of Shun An Property Co., Ltd.
Is there a problem with what he just said? No problem!
Under Su Bai's questioning, Hu Jun responded: "The situation of the organization, in the relevant evidence submitted by the prosecution just now, did the lawyer entrusted by the defense not pay attention to a detail?" ”
"The multi-person team that the prosecutor proposed this protest and carried out picking quarrels and provoking troubles was composed of Xue, Li and Zhang."
"Through this, it can be seen that Xue, Li, Zhang and others organized people to pick quarrels and provoke trouble."
"The defendant must not raise any further objections to this decision."
Su Bai retorted: "But the presiding judge, the evidence on the multi-person team picking quarrels and provoking troubles has not yet formed a relevant chain of evidence, and this matter was indeed convened by Xue, Li and Zhang." ”
"But it didn't constitute a crime or crime, why did you bring it up to be a trio of Xue, Li, and Zhang?"
"Forming a team to commit illegal and criminal acts is to have a subjective criminal purpose."
"Their motivation is just to get an explanation, to get their compensation back."
"There was no motive for the crime!"
"So I don't agree with the way the presiding judge made the verdict and the legal basis on which it was based."
"I protest!"
“.….”
On the judgment seat, facing Su Bai's protest, Hu Jun frowned.
Then the gavel was slammed.
"Protests are not effective!"
"It is your right to protest invalidly, but it is my right to protest, I do not agree with the collegial panel's decision, I would like to ask the other two members of the collegial panel, has the judgment been agreed by the two of you?!"
The other two members of the collegial panel were silent, and at this time, Hu Jun was already a little annoyed.
"The defense has appointed a lawyer, and it is not yet time for you to make a statement, and the court has already made a decision on relevance."
"You can assert your rights after the trial, but now at the trial, you have been warned before."
"Statements and protests are not allowed without permission."
"Now you've violated the order of the court."
"Bailiff, please leave the courtroom with the lawyer entrusted by the defense!"
Knock knock!
The hammer sounded, deafening.
Su Bai stared at the presiding judge's seat: "Even if you invite me out of the courtroom today, I still have to protest!" ”
"This is my right to defend!"
"And I did not conflict with the presiding judge's right to make a judgment when I exercised my right to defend myself."
"I didn't interfere with the order of the trial, why did you expel me from the trial?!"
"I do not accept this act of expelling me from the court!"
"Presiding Judge, I don't accept it!"
For the first time in the courtroom, Su Bai used an almost roaring voice to make statements and express his opinions!
Voices echoed through the courtroom.
On the side, Li Xuezhen stared closely at the seat on the trial table.
This time the presiding judge is after so many court hearings she has experienced.
It's the worst I've ever seen, and it has to be sent in, at least ten years!
.
….
PS: During the double commuter pass, ask for a commuter pass~
(End of chapter)