Chapter 283: How Many Years Is the Right Sentence? Top Verdict!
The public prosecution of Hu Jun and Ma Hu and others was opened.
All parties are seated.
After the pre-trial preparations are completed, the members of the collegial panel enter the venue.
After the presiding judge rings the gavel.
Prosecutors began to prosecute the crimes of Hu Jun, Ma Hu and others.
"The defendant Hu Jun, because he accepted bribes and accepted a large amount of benefits, engaged in favoritism and malpractice in the first-instance case against Xue and others."
"This includes cash, gifts, etc., with a total value of nearly 700,000."
"The evidence is conclusive, the facts of the crime are clear, and the prosecution has prosecuted Hu Jun on this basis."
"Recommended sentence: eight years in prison."
"The defendant was sloppy, and in the case against Xue, there was a situation of favoritism and malpractice."
“.”
"Recommended sentence: three years in prison."
“.”
After accusing Hu Jun and Ma Hu and others of their crimes.
The prosecutor continued to state the causes, crimes and experiences of the remaining persons involved.
It took nearly half an hour to speak.
After the presentation is completed.
The prosecutor looked at the bench.
"Presiding Judge, the prosecution has finished its case."
Knock knock!
The presiding judge rang the gavel and asked the lawyers entrusted by Hu Jun, Ma Hu and others to make statements.
In this trial.
The relevant facts and basis have been stated, the chain of evidence is complete, and there is almost no room for defense for Hu Jun, Ma Hu and others.
So....
In terms of the representation of the lawyer entrusted by Ma Huo and others, there is not much turn.
It is just that from the point of view of the sentence, I want the presiding judge to reduce their sentence.
And showed his attitude: admit guilt and accept punishment!
But there is one exception, Hu Jun does not want to plead guilty.
As the presiding judge of the criminal aspect, Hu Jun is very clear about the verdict of his actions, and if the verdict is based on the prosecution's accusations.
Then, the court will at least sentence the sentence recommended by the prosecution, which is eight years in prison.
Eight years in prison is too long for Hu Jun.
If you want to mitigate your crimes, then you need to separate bribery from favoritism.
If the two cannot be linked, then your sentence may be reduced to six years in prison.
When the time comes, if you behave well in prison, you may be able to get out of prison after a six-year prison sentence.
Therefore, Hu Jun's lawyer did not admit guilt and accept punishment, but stated his defense views on commutation:
"In this case."
"Our party did not make a judgment on Zhang, Li, Xue and others because they received relevant benefits."
"Hu Jun and Lin Changtian, vice premier of Shun An Co., Ltd., established relevant interests first, and the judgment last."
"The relationship between the two has only formed a bribery relationship, which does not mean that there was favoritism and malpractice in this trial because of the previous bribery relationship."
The point of this defense is that Hu Jun does not believe that he was guilty of bending the law for personal gain against Zhang, Li and Xue because of accepting bribes.
And Hu Jun did not agree that he had made a judgment of bending the law for personal gain.
They only think that they have accepted bribes, and they should be punished by the relevant regulations on bribery.
"We believe that the sentence imposed on our client is excessive."
"We expressed our views and were willing to take the initiative to refund the corresponding accounts and ask for forgiveness for us in the sentence."
"Presiding Judge, the above is our opinion."
After Hu Jun's lawyer finished his statement, he glanced in Hu Jun's direction.
The above relevant pleas were all requested by Hu Jun.
Statements are made through defense lawyers.
It's just that....
Gee....
This kind of statement, do you want to be shameless?
Su Bai looked at the lawyer's seat entrusted by the defense, not to mention anything else.
It is only said that Hu Jun and Lin Changtian, the vice president of Shun An Co., Ltd., have interests in exchange.
Since there is an exchange of interests, he also states that it is not a favoritism or malpractice because of the exchange of interests.
Who will believe these words?
Will the presiding judge and the collegial panel adopt it?
Definitely not!
Why?
Because the two of you have had related interests before.
At the time of Lin Changtian, vice president of Shun An Co., Ltd., he conveyed benefits to you.
Without refusing, you have already acquiesced and accepted the other party's relevance commission.
Otherwise, why would the judgments of the first and second instance be so great?
Can you reasonably explain what it means to disturb social order?
Hu Jun's statement can indeed be defended to a certain extent.
However, the court will not agree with this situation, because the court, on the part of the court, has already determined your subjective performance through objective factual basis.
In order to ensure that the court did not agree, Su Bai raised his hand and made a statement, after obtaining the permission of the presiding judge:
"We believe that the statement of the lawyer entrusted by the defendant Hu Jun should be dismissed."
"And we believe that Hu Jun's behavior should be dealt with seriously and sentenced to the top!"
Here's why:"
"I would like to ask the defendant Hu Jun a question."
"In the first-instance verdict, why did you not adopt so many matters that I listed as the presiding judge at the time, and expelled me from the trial in anger?"
"Why do you still use the right to judge and expel me when I have made it clear that I have the right to defend myself?"
At that time, the two most important judgment points were about rioting and disturbing social order.
In the course of my presentation, I argued with the prosecution at the time.
Why didn't you state the basis for the prosecution's point of view at the trial?
It is the right of every lawyer to have the right to defend himself at trial.
Why did you deprive me of my rights as a lawyer and forbade me to make statements in court?
You said at the time that I disturbed the order of the trial, we can take a look at the scene to see if I disturbed the order of the trial in the video of the trial at that time!
So I would like to conclude by asking, what was your idea of expelling me from the trial at that time? ”
"These questions, please ask the defendant Hu Jun to answer!"
Hu Jun remained silent and did not speak.
He couldn't and couldn't answer these questions.
Su Bai continued to make a statement: "The statement of the lawyer entrusted by the defense is that he wants to completely separate the bribery from the sentence. ”
"But I want to ask the defendant, why did Lin Changtian find you to bribe?"
"According to Lin Changtian's statement in the confession during the review by the law enforcement side, he is in order to be more convenient in the court in the future."
"Then Lin Chengtian can make it easier for Lin Chengtian to do things in the court, does it make it easier for the defendant Hu Jun to do things?"
"Obviously!"
"There is an inevitable connection between the bribery and the verdict, not what the defendant Hu Jun and his client simply said, and there is no necessary correlation between the two."
"Furthermore, we believe that in this verdict, the factor that Hu Jun's sentence is too light is based on Lin Changtian's statement and the factual evidence investigated by the prosecution."
"He has bribed Hu Jun many times, and the amount each time is more than 30,000 yuan."
"According to the relevant legal basis, Hu Jun should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."
"But judging from the plot, the social influence caused by Hu Jun is huge, and almost every bribe has a tendentious verdict."
"And these judgments are all in favor of Shun On Co., Ltd., and it is Hu Jun personally or Hu Jun who asked his colleagues to favor Shun On Co., Ltd. in the judgment."
"This has been suspected of a very serious problem."
"Based on the above, we believe that Hu Jun is suspected of serious aggravating acts."
After Su Bai finished his statement, Hu Jun in the defendant's seat turned pale.
I want to ask a voice.
But before he could speak, he realized that he was not in the judgment seat.
He has no right to shut up Su Bai or let Su Bai leave the trial scene.
He is now only a defendant.
Realizing this, Hu Jun's face turned even bluer!.
….
After Su Bai finished his statement, the presiding judge announced that he had entered the adjournment.
The atmosphere in the courtroom was condensed.
However, the audience watching the trial outside the trial was extremely hot.
"! Seeing this trial, what kind of defendant, Hu Jun's face turned even bluer! I guess he's used to it because he's been sitting on the judgment seat.
I was not convinced by Lawyer Su's questioning of him in this trial, and for a while I felt that I was still the presiding judge and wanted to speak.
But I suddenly realized that the powerlessness that I was sitting in the defendant's seat and being questioned and couldn't refute was exciting to think about! Refreshing! ”
"Hahaha, there is this feeling, the footage of the trial was given to the defendant's seat, I suspect that this is deliberate, just to let us watch it, so that we can relieve our anger!"
"There's some truth to that!"
"But I still want to know, how many years will this presiding judge be sentenced to? That's what I want to see! ”
"I don't know, but I guess the sentence should not be light, he's a guy who doesn't admit guilt and accept punishment in the courtroom, and he still wants to reduce his criminal responsibility?"
"I think he's just dreaming!"
"Yes, such a person should be sentenced to death!!"
“.….”
At the same time, the collegial panel deliberated in the room.
The relevant issues involved in this trial.
Originally, the members of the collegial panel had already discussed accordingly.
But for the point of view put forward by Su Bai, the sentence was increased and the sentence was given.
However, the presiding judge of this trial felt that it was feasible and asked the opinions of the other two judges.
One of the judges spoke: "According to the amount, eight years in prison is actually equivalent to a heavier sentence." ”
"After all, according to the relevant criminal laws, the sentence of less than 2 million is between three and ten years in prison."
"This Hu Jun, I think it's okay to sentence him to eight years."
It's just that these points of view were refuted by another judge: "I don't think so! ”
"Although it is okay to be sentenced to eight years in prison in terms of amount, the circumstances of what Hu Jun did were vile and the influence was huge."
"Even if the presiding judge is in the trial, in the face of some unexpected circumstances, he will only write the sentence on the verdict at the bottom of the trial, and will not directly anger other lawyers in the courtroom."
"Expelling people from the courtroom."
"This time, the voice of public opinion is not only the voice of netizens, but also the voices of many lawyers in the legal circle, as well as workers in the court and procuratorate."
"These people are very clear about the construction of the rule of law and the relevant understanding in the legal circle."
"Hu Jun's actions are tantamount to undermining the rules and system of the trial."
"The impact is huge, and the impact on the rule of law is also very bad and huge."
"This kind of behavior is particularly heinous, and I don't think there is anything else wrong with the top verdict."
The presiding judge was silent for a few seconds before asking the leaders of the Intermediate People's Court for instructions.
After getting the corresponding answer, he took a deep breath: "Well, the top judgment!" ”
.
….
The adjournment ended.
The relevant personnel involved in the courtroom, everyone's eyes were focused on the judgment table.
on the bench, after determining how the verdict should be made.
The presiding judge also asked Hu Jun to state the relevant conditions for commutation.
Whether there is any legal basis and relevant evidence, or any meritorious performance.
This time, Hu Jun did not let the entrusted lawyer make a statement, but made his own statement.
"Presiding judge, as the presiding judge, you should also be clear about the issues involved in the crime of picking quarrels and provoking trouble, which may be difficult to grasp in some aspects."
"I know that my verdict was wrong, and I plead guilty and accept punishment."
"I hope the presiding judge will give me a lenient sentence."
During the adjournment, Hu Jun thought clearly that this time the verdict was aimed at him, and if he refused to admit guilt, the sentence might be heavier.
I simply hope that the presiding judge will proceed from a sympathetic psychology and give him a lenient sentence.
It's just that in the process, Su Bai made a speech and went back angrily directly.
"It's hard to grasp this crime, so why do you want to give a heavier sentence to the defendant?"
"And why add the defendant's organization personnel to carry out illegal and criminal acts?"
"Don't you know that organizing personnel is a necessary condition for an increase in sentence?!"
"Presiding Judge, the defendant obviously acted intentionally at the trial at that time, and I would like to ask the presiding judge to ascertain the trial process at that time and have a relevant understanding of the facts."
On the bench, the presiding judge smiled: "I already know the relevant facts. ”
"Does the defendant Hu Jun have anything else to state?"
After receiving an answer of no, the presiding judge rang the hammer and began to read out the verdict.
"In response to the prosecution filed this time, the verdict is now announced:"
"As follows:"
"Defendant Hu Jun is suspected of embezzlement, bending the law for personal gain, perverting the law, etc., and has caused a serious social impact, seriously infringing on the legal rights and interests of the law."
"For Hu Jun's behavior, as well as the combined punishment for several crimes involved, he will be sentenced to ten years in prison!"
"And, confiscate the illegal gains and fine 50,000 yuan."
"The defendant was sentenced to three years in prison."
“.….”
The presiding judge read out the verdicts one by one.
The remaining sentences range from one to three years.
Hu Jun is the only top-level verdict.
Because Hu Jun was involved in a serious crime, the sentence was also very heavy, and he came directly to a top level.
After the reading, the presiding judge struck the hammer.
"Closed!"
But at this time, Hu Jun expressed his dissatisfaction on the spot.
"Why do you want to sentence me in the top line?"
"I do not obey the verdict of the second instance."
"I think this is because the Suzhou Intermediate People's Court has other opinions and opinions on me personally."
"I ask the presiding judge to revoke the verdict against me!"
While speaking, Hu Jun went directly to the scene of the trial, angrily reprimanding the presiding judge on the trial table.
Seeing this, the two bailiffs beside Hu Jun pressed him to the defendant's seat.
But even so, Hu Jun still used his greatest strength to express his dissatisfaction.
"I'm not convinced!"
"This is discrimination against me and opinions against me, so I was sentenced to the top."
"I ask the High Court to transfer the jurisdiction of the judgment!"
"Otherwise, I will never admit my guilt!"
"No guilt! Do you understand?! ”
Hu Jun roared wildly in the courtroom.
On the judgment platform, the presiding judge heard Hu Jun's crazy roar and did not say anything.
Just glanced at it lightly, and then left the judgment table with the other two members of the collegial panel.
ps: In the last hour, double the monthly pass ~ ask for one and ask for one ~
(End of chapter)