Chapter 307: TM doesn't talk about litigation procedures, does it?!
Su Bai's gaze looked directly at Shen Yao on the judgment seat.
The case ....
He has already made it clear that the collegial panel must give a corresponding answer.
In any case, the prosecutor in this case should not be Xu Bo.
In particular, he protested twice, and the collegial panel did not give an accurate statement.
What does that mean?
Do you think there's no problem with that?
If you don't think there's a problem, it's fine.
Either you expel me from the trial, or you let Xu Bo not recuse himself and continue to be the prosecutor.
But to expel away, a reasonable explanation must be given.
Don't give an explanation?
Yes!
This trial is open to the public, and no explanation is given to drive him out of the courtroom?
Are you afraid that public opinion will not be big enough?
Meanwhile.
In the live broadcast outside the courtroom, many people paid attention to the trial.
After seeing Su Bai's applications again and again, the prosecutor avoided it, but was rejected by the presiding judge again and again.
scolded directly on the live barrage.
"! What the hell? I only watched the trial, and I saw that lawyer Su went out again and again to get the prosecutor to recuse himself. ”
The presiding judge refused.
"When I saw that the presiding judge refused, he didn't say why, but just said that it would not affect the normal trial of the trial."
"Can anyone tell me if what the presiding judge is saying makes sense?"
"Phew, it's wrong, is there any legal basis for what the presiding judge said?"
"Can anyone explain?"
[Su sent it]: "Ahem...."
"If you have some understanding, you can explain that in this trial, lawyer Su's application for recusal is grounded."
"As a general rule, in such cases, the prosecutor should recuse himself."
"Or the appellant, that is, lawyer Su, proposed to recuse the prosecutor in the court court."
"The presiding judge will determine whether to recuse himself or not based on the facts."
"The current situation is that, according to the facts, the prosecutor needs to recuse himself, and the appellant raised it, but the presiding judge did not allow it."
"My guess and estimate is that if the prosecutor recuses himself.
Then it will affect the progress of the trial, and it may be that from this point of view, the presiding judge will not allow recusal. ”
"Of course, there are other possibilities, but what the other possibilities are, I don't know."
"But judging from the current situation at the trial, it is clear that the collegial panel did something wrong."
"When faced with the above-mentioned person's application for the recusal of the prosecutor, at least one reason should be given or the court should be adjourned for discussion."
However, the presiding judge has not given any response at present, so this trial.... Let's see! Ha ha! ”
“.….”
After the explanation of the relevant personnel, everyone also understood that there was a problem with the collegial panel.
I couldn't help but start scolding again!.
….
At this time, on the presiding judge seat on the trial platform, Shen Yao also set his eyes on Su Bai.
The case ....
In her opinion, in fact, it is okay to go through this process or not.
After all, with the consent of the chief prosecutor to let Xu Bo appear in court for public prosecution, it will not affect the normal trial process and trial order.
Then this case can actually be avoided or not, it is tacit.
That's why she said it wouldn't affect the fair verdict of the trial....
It's just that....
Can this kind of thing, this kind of thing be said in court?
Surely it can't be said in court.
After all....
Now the trial is being livestreamed!
If you don't avoid this issue, no matter how you say it, it's a matter within the judicial system.
should have recused himself, but did not implement recusal, and this matter was raised during the live broadcast of the trial.
Then pay attention to the relevant effects.
So I can only vaguely pass this matter.
But now, Su Bai is holding on to this problem.
Even if you just let it go, you can expel him from the trial.
Evicting a person from a trial in the case of a live trial?
The public opinion of this case is inherently strong, if Su Bai really did it without any violations.
The headline hot search of the media across the country the next day is estimated to be this matter!
The impact will be very bad!
So....
The current Shen Yao has a headache about the current trial situation.
There was silence for a few seconds.
Knock knock!
Ringing the gavel, Shen Yao spoke: "Please entrust a lawyer to calm down and exercise restraint for the time being." ”
"The collegial panel has been informed of the protest by the lawyer entrusted by the above-mentioned person."
"Everyone's right to the right to the law in court is an obligation that should be enjoyed."
"With regard to the appellant's application for the recusal of the prosecutor, the collegial panel has learned from the facts."
"It is believed that the prosecutor is present in the court of the trial, and does not affect the verdict of the trial."
"So the request was made to continue the trial."
"The reason for this is that the collegial panel will make a judgment based on the relevant evidence, rather than simply adopting the prosecutor's opinion."
"I ask the appellant's lawyer to be able to understand this."
"The above is a reasonable explanation given by the collegial panel!"
"The collegial panel has given a corresponding explanation, do you have any other objections to the lawyer entrusted by the appellant?"
In the face of the presiding judge's sudden change of attitude.
Su Bai also knew it. This trial was broadcast live.
In any case, the collegial panel definitely needs to be aware of the impact.
But....
The corresponding explanation is given, which does not mean that the matter is solved.
Although it was said in front of the live broadcast, an explanation was finally given.
But what if in the trial, there is still a side that leans towards the prosecutor?
In court, from any point of view.
The purpose of the trial is to help the client protect the rights and interests of the law.
At present, the collegial panel has not expressed its attitude on recusal, after he has stated the relevant legal rules.
It still does not indicate whether the prosecutor recused himself or not, and gives a clear answer.
What does that mean?
It is just that the collegial panel will rely on the relevant evidence, but if the prosecutor takes out some evidence.
Under the tendency of ambiguity, the right of interpretation is still with the collegial panel.
So....
Everything is still based on the relevant provisions of the legal procedure and procedural law.
It's definitely right to go through the process.
Su Bai raised his hand to signal: "We still adhere to the principle of recusal in the Criminal Procedure Law to apply for the recusal of the public prosecutor. ”
"Hmm!"
Shen Yao nodded expressionlessly, and then sounded the gavel:
"Since the appellant still insists on applying for the prosecutor's recusal."
"Then this trial will be adjourned!"
"Discuss whether the prosecutor should recuse himself, and then proceed to trial!"
Knock knock!
The sound of the gavel falling was particularly deafening in the courtroom.
Recess....
As the presiding judge and the judge left the table, Su Bai rubbed his eyebrows.
What to say about this trial....
The failure of the prosecutor who should have recused himself was an irregularity in the proceedings.
Like some unfair judgments, there are irregularities in the litigation process.
Therefore, under normal circumstances, in order to avoid unfair judgments, the provincial high court pays more attention to the process of litigation.
Avoid violations.
However, today at the Pingyuan Provincial High Court, he proposed that the prosecutor should recuse himself.
The collegial panel not only did not listen to the opinions of the lawyer entrusted by the above-mentioned party, that is, itself, but also forcefully continued to push forward the trial process.
What does this mean?
This means that the High Court does not pay attention to violations at all.
What if an unjust verdict occurs?
This is what Su Bai is most concerned about.
Although he said that in the trial just now, he was tough with the presiding judge.
Let the collegial panel have an opinion on itself.
However, if the process continues, it may have a considerable impact on the final judgment of the entire case.
Judging from the latter, the presiding judge's opinion on himself is insignificant.
Again.
This trial was an open trial.
The collegial panel must pay attention to public opinion and public opinion.
Therefore, in terms of judgment, Su Bai believes that there will be no other problems.
If you have an opinion, can you really be biased towards the verdict?
After all....
The Provincial High Court, as the highest court of a province, is clearly biased in its judgment.
Or rather....
Blindly judging and making a hard judgment is equivalent to sending yourself in.
The court is now adjourned to discuss the question of whether or not the prosecutor should recuse himself.
Truth be told, it's a good thing for their side.
At least....
The necessary court procedures and relevant litigation laws and regulations should still go through the process.
.
….
Merely....
After the presiding judge announced the adjournment, Jiang Wei's eyes were filled with deep worry.
The main reason is that I have never seen this kind of scene of angrily scolding the presiding judge in court.
I can't help but feel a little worried.
"Lawyer Su.... If we talk to the presiding judge like this in the trial, will it leave a bad impression on the presiding judge? ”
"In case of this case...."
"What if the presiding judge doesn't overturn the case for us?"
Su Bai smiled and comforted: "As long as there is no objective evidence in this case, it can prove that you committed a crime..."
"In other words, as long as you have not committed a crime, then the original verdict will definitely not be upheld."
"The Supreme People's Procuratorate has intervened and made relevant responses..."
"Don't worry, don't worry."
On the side, Li Xuezhen also opened her mouth to comfort: "There will be no other accidents in this case." ”
"Believe in Lawyer Su!"
At the same time, Li Xuezhen also meditated in her heart: "If there is any other accident..."
"This case is even more exciting!"
After all, it's a provincial hospital, so it's so exciting!
Wonderful, wonderful!
.
….
Meanwhile.
After the adjournment, three members of the collegial panel came to the discussion room.
The issue of Su Bai's application for recusal just now was discussed.
On the court floor.
The presiding judge may make a decision on whether or not to recuse himself.
For Su Bai's repeated refutation of her just now, Shen Yao felt a burst of dissatisfaction in her heart.
She served as the Vice President of the High Court and the Presiding Judge in this case.
At the time of trial, there should be absolute right to judge.
Who would have thought that in a live broadcast of public opinion and a public trial, he would be questioned by a lawyer in person?!
Although it was said that it was not shown in the trial, it was in private.
Shen Yao has a very big opinion about Su Bai.
"Regarding the application for the recusal of the public prosecutor submitted by the lawyer entrusted by the appellant, should the recusal be filed?"
Shen Yao's other two members of the collegial panel asked.
Li Xiangqian and Ma Ma were two people as judges after contemplation.
Li Xiangqian looked at Shen Yao's slightly dissatisfied attitude, hesitated for a moment, and then said:
"The appeal has entrusted a lawyer to raise it, and the public prosecutor's recusal does comply with the relevant provisions of the procedural law."
"But..."
"After we responded to the relevant explanation, in fact, the lawyer should not continue to hold on."
"This case.... How to put it, in terms of procedure, there is indeed a certain error. ”
"But in open court hearings, we still need to pay attention to the influence of public opinion."
"Otherwise, if you cause public opinion, you may be held accountable and punished."
"My thoughts are.... With regard to the issue of recusal in the Criminal Procedure Law, the chief procurator should be asked whether it is appropriate in accordance with the provisions of the Criminal Procedure Law. ”
On the other side, the motor spoke: "Actually, I don't agree with evasion. ”
"Why?"
"If we really agree to recuse ourselves, then according to the relevant laws and regulations, we need to form a separate collegial panel to continue the trial of this case."
"We've made it clear at trial."
"Although there may be certain problems in the legal procedures, since the procuratorate has let Xu Bo appear in court for public prosecution."
"Then it means that there is nothing too big a problem."
"The way I think it is, it's what it should be."
"The trial continues!"
At this time, Li Xiangqian asked again:
"But in the live trial, what if that Su Bai has been protesting?"
The motor waved his hand, his face full of indifference:
"The main concern for this trial is public opinion, if that Su Bai has been protesting, he is dissatisfied with the legal procedures."
"Do you want to continue the trial?"
"Do you let public opinion influence the judgment of the judiciary and the advancement of the judiciary?"
"If you keep protesting, and it's a meaningless protest, just let the bailiff take you away from the trial."
"There were a lot of scoundrels in the trial before, and the condemned prisoners were arrogant and scoundrels in the trial, shouldn't they be sentenced in the end?"
"So my point of view is that we can't be coerced by public opinion, how should this case be carried out!"
After listening to Li Xiangqian and Mada's opinions, Shen Yao nodded lightly and spoke:
"Hmm!"
"I'll ask the Attorney General about it."
.
….
Soon....
At the end of the adjournment, after Shen Yao sat in the presiding judge's seat, he rang the hammer and announced that the trial would be held again.
"The trial continues."
"After the deliberation of the collegial panel, whether to recuse the prosecutor Xu Bo."
"It is determined that in this trial, Xu Bo served as the prosecutor of the last trial."
"I may have a better understanding of this case and know better whether the appellant Jiang Wei committed a crime."
"Therefore, the court did not support the recusal of the appellant's application."
"If the appellant has any doubts about this determination, he or she may point it out after the hearing."
"In the court court, there must be no discussion about whether the prosecutor will recuse himself."
Knock knock!
The sound of the gavel made Su Bai stunned for a moment.
???
TM doesn't talk about the litigation process, does it?!
Do you think there is no problem?!
What does it mean to have a clearer understanding of whether there are criminal facts?
Is there a crime that is not based on this evidence?!
Public prosecutor Xu Bo previously served as a prosecutor and took a laissez-faire attitude towards the lack of objective factual evidence.
If you don't hold you accountable, forget it.
And let him continue to serve as a prosecutor?!
The reason is still clearer about the course of the case ....
???
.
….
PS: Ask for a monthly pass~
(End of chapter)