Jiang Wei's case was due to the intervention of the Supreme People's Procuratorate.

The Pingyuan Provincial High Court has started the retrial process.

Provincial inspection....

A comprehensive investigation was also conducted into the case to review the relevant evidence.

Soon....

The provincial procuratorate's verification of this case has been completed.

The Provincial High Court notified the parties to participate in the hearing and communicated the date of the hearing to the parties.

When Su Bai received the court session notice from the Provincial High Court, he immediately felt a lot more relaxed.

Jiang Wei's case, he has learned about it repeatedly.

As long as the appeal can be successful, then the court will be held.

There are basically no other problems in this case.

Because whether it is from the point of view of evidence, oral testimony or other circumstances.

As with the Supreme People's Procuratorate's reply certification, there are no objective facts in this case.

It can be proved that Jiang Wei broke into a house and robbed and forced others to have a relationship and killed someone afterwards.

So as long as the trial is held, then the relevant matters of this case will be certified.

This case is equivalent to overturning the case.

.

….

Soon.... On the day of the trial.

Waiting room.

Su Bai took Li Xuezhen and Jiang Wei and sat in the waiting room together and waited for the trial.

Li Xuezhen's expression was excited.

Jiang Wei's mood seemed a little apprehensive.

He's been in prison for that long.

He spent nearly 13 years in prison.

Finally released from prison, the appeal ran for another year or two, and this time the court was held.

It wasn't easy for him.

Therefore, before Jiang Wei entered the trial, the whole person's mood can be said to be very excited.

"Lawyer Su.... This time the court is in session...."

Su Bai knew what Jiang Wei wanted to say, and said with a smile: "Don't worry...."

"I've already learned about this case, and there's no problem."

"Hmm!"

Hearing Su Bai's words, Jiang Wei nodded heavily, and his heart relaxed a lot.

Not long after, a staff member walked into the waiting room and said:

"The trial is about to start, please come with me to the trial."

"Okay, thanks."

Su Bai nodded and walked into the trial hall with Li Xuezhen and Jiang Wei.

After the parties are seated.

After the clerk has read out the discipline of the trial and related matters.

The members of the collegial panel entered the courtroom and stepped onto the courtroom seats.

Presiding Judge Shen Yao is the vice president of the Provincial High Court.

I sorted out the materials in front of me and circled the trial scene.

The Provincial High People's Court attaches great importance to the case in which the Supreme People's Procuratorate intervened and retried the case.

Therefore, she was arranged to appear in court for the trial.

The case .... How to say it.

As the vice president of the Provincial High Court, she has also participated in the trial of such appeals.

Such cases of appeals....

To be honest, she has seen a lot of all kinds of situations, this case....

Shen Yao glanced at the prosecutor's seat, didn't continue to think about it, and then rang the gavel.

"Now let's start verifying the identity of the person who appeared in court...."

"The identity of the prosecutor's appearance in court is hereby verified."

Prosecutor's seat.

In this trial, Xu Bo took the initiative to apply to serve as the prosecutor this time.

and another prosecutor formed the public prosecutor for this trial.

Xu Bo glanced at Su Bai's direction, and then spoke:

"Public prosecutor Xu Bo, public prosecutor Lu Liang."

Su Bai heard Xu Bo's voice and glanced towards the prosecutor's seat.

Xu Bo?

Isn't it the prosecutor who was responsible for indicting Jiang Wei more than ten years ago?

If you don't do self-avoidance, forget it.

But why did he appear in the court again, and as a prosecutor?

is worried that this case will be overturned and will be held accountable.

Or is it because someone else wants to be involved in the trial?

But for whatever reason.

Xu Bo shouldn't have appeared in this trial as a prosecutor, right?!

Without waiting for Su Bai to think about it, the presiding judge, Shen Yao, continued to speak:

"Please state the identity of your party."

"Okay."

Su Bai nodded: "Our court personnel, Su Bai, a lawyer from Nandu Baijun Law Firm, and Li Xuezhen." ”

"Parties: Jiang Wei."

"Okay."

After the two parties stated their respective identities, Shen Yao continued to go through the corresponding process.

"The identity information of all parties has been verified."

"This trial was conducted by the Pingyuan Provincial High Court, and the members of the collegial panel, the presiding judge Shen Yao, the judge Li Xiangqian, and the judge Mada."

"For the relevant persons involved in this case, do the above-mentioned persons apply for recusal?"

Su Bai looked at the prosecutor's seat.

Xu Bo in the prosecutor's seat was the prosecutor who tried Jiang Wei's case.

Su Bai heard Jiang Wei describe that Xu Bo was a prosecutor and prosecutor at the beginning.

What can I say about the very radical actions taken in this case?

Some of the evidence was indicted by Xu Bo.

He didn't know why Xu Bo was still in the retrial process.

Because according to the principle of recusal, Xu Bo should be automatically recused in the retrial procedure!

Is this kind of non-automatic recusal behavior to make him recuse himself in court at trial?

In any case, this retrial, no matter what the situation is, Xu Bo should recuse himself.

During the presiding judge's questioning, Su Bai immediately raised his hand to signal:

"Presiding Judge."

"The appellant applied for the recusal of prosecutor Xu Bo."

Shen Yao spoke: "State the reason." ”

Su Bai continued to speak: "According to the recusal rules in the Criminal Procedure Law. ”

"When it comes to persons who may have an unfair judgment, they should recuse themselves."

"Prosecutor Xu Bo, 13 years ago, as a public prosecutor, made relevant determinations for our client's case."

"There have been cases where we have been found guilty."

"In this case, it is possible that the prosecutor Xu Bo will have a tendency to be unfair to us."

"It involves affecting the fairness of this trial."

"Based on this condition, the principle of recusal is in line with it, so we apply for the recusal of prosecutor Xu Bo!"

In the prosecutor's seat, Xu Bo looked at the appellant's seat and immediately spoke:

"The participation of the prosecutor in this trial will not affect the outcome of this trial."

"And the prosecutor has already applied to the prosecutor general, which meets the requirements for a trial."

"So there's no such thing as evasion."

"Based on this, I reject the appellant's request for recusal from the lawyer."

After Xu Bo finished speaking, his eyes fell on Su Bai's body.

The case was indeed examined by him 13 years ago, when he was still an ordinary prosecutor.

Now 13 years ago have passed ....

He has already taken the initiative to explain the situation to the chief prosecutor and wants to participate in this public prosecution.

Agreed.

In this case, although Su Bai said that he filed an application for recusal in court.

But....

An application for recusal is made, but it does not have to be recusal.

Su Bai: ???

According to the principle of recusal, if the appellant or defendant has objections to the adjudicators in the collegial panel, they may apply to the collegial panel for recusal in court.

It is up to the dean to decide whether or not to recuse himself.

The Public Prosecutor is asked by the Attorney-General to agree on recusal.

Although Xu Bo's statement has been agreed by the prosecutor general.

But what's going on in this case?

In this case, Xu Bo accused Jiang Wei as a prosecutor more than ten years ago, and the recommended sentence was death.

Now it's finally retried....

Xu Bo appeared again as a prosecutor at this trial.

He said that if you don't need to avoid it, you don't need to avoid it?

Presiding Judge's seat.

Shen Yao's recusal of Su Bai's application.

and that the prosecutor had obtained the consent of the Prosecutor General and did not need to recuse himself directly, and carried out the relevant checks.

Then he spoke: "The appellant believes that the conditions for the prosecutor's recusal are—"

"The prosecutor participated in the verdict against Jiang Wei."

"I believe that this may affect the fair verdict of this trial."

"In this regard, the collegial panel believes that it does not constitute a necessary condition to affect the fair judgment of this trial."

"Therefore, regarding this recusal, it is dismissed and no further discussion is allowed."

"Alright...."

"Now let's move on to the trial."

Knock knock!

The presiding judge struck the hammer, glanced at Su Bai's position and spoke.

？？？

What does it mean?

Overt bullying?

Why is the rejection made?

His recusal at the court trial was in full compliance with the rules of recusal in the Criminal Procedure Law.

Even the collegial panel held that the appearance of prosecutor Xu Bo in court would not affect the fair verdict of this trial.

With what to guarantee?

One more point, why is the presiding judge not allowed to be reconsidered?

Su Bai raised his hand to ask clearly.

But Shen Yao, as the presiding judge, ignored Su Bai's gesture of raising his hand.

Continue to speak: "Please ask the appellant to state the litigation application. ”

Su Bai did not state the application for litigation, but continued to inquire about this recusal principle.

"Presiding Judge, I don't understand why the collegial panel rejected my application for recusal?"

"My application for recusal is a reasonable application in accordance with the relevant provisions of the Criminal Procedure Law."

"As you just stated, presiding judge, Xu Bo's appearance in court as a prosecutor will not affect the fair verdict of this case."

"So as the presiding judge, how do you judge that Xu Bo's non-recusal of this violation will not affect the fairness of the trial?"

"I still stick to my principles and apply for the recusal of the prosecutor!"

Shen Yao's expression was flat: "This question cannot be answered by the collegial panel." ”

"On the issue of recusal, the collegial panel has already said it just now."

"Failure to recuse itself does not affect a fair verdict...."

"Since recusal does not affect the verdict of work, then why not let Xu Bo recuse himself?"

"The prosecutor did not recuse himself when he knew he should recuse himself."

"The appellant raised the issue that should be avoided here, and the collegial panel refuted it."

"In this case, how can I believe that the collegial panel said that the prosecutor did not recuse himself and did not affect the fair verdict?"

"I protest!"

"The collegial panel is required to strictly follow the recusal rules in the Criminal Procedure Law."

"Please ask prosecutor Xu Bo to recuse himself!"

Knock knock.

The gavel sounded, and Shen Yao frowned slightly:

"The collegial panel has just answered the request of the attorney for the appeal."

"Dismissed and no more!"

"The way to ensure the fairness of the judgment is not an issue that the appellant's lawyer should consider."

"That's it!"

"The trial continues!"

Su Bai retorted: "However, the procedures and rules of the trial were not carried out in accordance with the legal procedures.

We are not able to accept this trial against us! ”

"I protest again!"

"If the collegial panel thinks there is anything wrong with my protest, they can drive me out of the courtroom!"

"But give reasons and explanations accordingly."

"Presiding Judge, I still adhere to my principles."

"If the presiding judge believes that prosecutor Xu Bo is not able to affect the fair verdict of the trial, then please give a reasonable explanation!"

Su Bai raised his head and looked directly into Shen Yao's gaze.

The principle of application for recusal has always been rejected.... How could he have believed that the members of the collegial panel would follow a fair verdict?

Again....

Xu Bo, as the prosecutor at the time, appeared in the court this time.

Apparently not in accordance with the rules of the trial.

If because of this incident, let the retrial uphold the judgment of the second instance.

All the previous efforts were in vain.

Therefore, in the process of the trial, it is necessary to comply with the relevant process issues.

Applying for recusal is a legal right of their side.

In this case, the Full Court rejected his application for action.

Is it reasonable?

Certainly not reasonable!

What if it's unreasonable? Definitely protest in the courtroom!

.

….

PS: Ask for a monthly pass~

(End of chapter)