Chapter 311: The presiding judge has the absolute right to interpret, right? Xiao Li shakes people!

This time, after the trial, Su Bai's communication with the presiding judge Shen Yao was equivalent to negative.

Why?

Because Su Bai and Shen Yao emphasized the rules of legal proceedings.

The other party, as the presiding judge, did not accept the offer at all.

As soon as what I said makes sense, I have absolute right to judge, and you have to listen to my performance.

In court trials, criminal lawyers are on the weaker side.

The same goes for prosecutors.

Even Su Bai, as the top criminal lawyer in the country, has a huge influence in fame and public opinion.

Still can't match the presiding judge's words at the trial.

It is because the presiding judge has the absolute right to judge on the judgment seat.

Another point is, why are there unjust, false and wrongful cases in criminal matters, or there is a big oolong?

Because under certain circumstances, the presiding judge may decide whether to admit your evidence.

If it is not admitted, then even if the evidence is correct and favorable to your side, the presiding judge can give a reasonable explanation.

Or why is there such a famous sentence - the right to interpret the law is on me, how can I explain it as I want?

To put it bluntly, in a trial, the presiding judge can do a lot, within the scope of statutory rights and interests, so that a certain party will "suffer".

Among them, why is the crime of picking quarrels and provoking troubles called omnipotent crimes?

Because the presiding judge said that you are picking quarrels and provoking trouble, then you will pick quarrels and provoke trouble.

Moreover, in a situation like this, the presiding judge generally does not involve the situation of perverting the law, because he can give a reasonable explanation.

So in general.

Most criminal lawyers will propose a commutation of the sentence or explain in accordance with the views put forward by the presiding judge at the trial, so as to reduce the punishment of their clients.

It is to avoid the presiding judge from showing tendencies, and to make judgments on cases in accordance with his own statutory interpretation powers.

.

….

In this case, Su Bai, as Jiang Wei's entrusted lawyer, must protect Jiang Wei's legal rights.

For Shen Yao, he directly ignored the intervention of the Supreme People's Procuratorate.

How to say it....

This is indeed the case.

This is because, in terms of legal procedures, the Supreme People's Procuratorate only conducts guiding cases.

The specific implementation is to carry out the retrial procedure with the cooperation of the designated court and relevant departments.

Generally speaking, after the Supreme People's Procuratorate intervenes, the court will decide the case based on the opinion of the Supreme People's Procuratorate.

There are, of course, exceptions.

Like this case, Shen Yao, as the presiding judge, must be clear.

In a statutory sense, Jiang Wei needs to be acquitted and the case reversed.

But what is the current situation?

The current situation is that when Shen Yao is clearly aware of this matter, he still has to come to a postponement of the trial.

Extremely unreasonable.

Walking out of the court, Jiang Wei blurted out for some reason: "Lawyer Su." ”

"It doesn't matter if this case is postponed or anything."

"If only I could give me back my innocence. I've been waiting for so many years and don't care about waiting a little longer. ”

It can be seen that Jiang Wei is relaxing himself, Su Bai smiled and said:

"Don't worry...."

"This case will not wait too long, even if the trial is postponed, the court will be reopened in a short time to pronounce the verdict."

"Okay...."

.

….

Seeing Jiang Wei nodding, Su Bai asked Li Xuezhen to lead the way.

Anyway.

Let's talk about reporting the collegial panel first.

Whether it can succeed or not is one thing, whether you report it or not, but the attitude is here.

.

….

After the trial, there was a heated discussion on the Internet about the verdict of the case.

The first is to argue that the application for recusal was not agreed by the collegial panel.

The second is Shen Yao's remarks.

As the presiding judge, Shen Yao stated her guilt and innocence at the trial and postponed the trial.

In the eyes of the people in the legal circle who watched this live trial, it was complete nonsense!

This case is so clear and clear, can it still be involved in the postponement of the trial?

Isn't it just a proper deliberate delay in not adjudicating?

Dragged and dragged on, then after a long time, the heat has passed, what about the back?

Think about it, there is a cat in the back.

Therefore, this trial aroused strong emotions to watch the live broadcast of this trial.

After the trial, doubts appeared in the live broadcast rooms of all kinds of court personnel who broadcast the judgment of this trial-

"When this case was on the hot search, I had already noticed it, when the Supreme People's Procuratorate intervened...."

"I think there is a great possibility that this case will be overturned."

"But I really didn't expect such a result, what else is there to postpone the trial?"

"I've seen a lot of cases postponed before, and the later results are all black-box operations..."

"The Supreme People's Procuratorate has guided the statement of this lawsuit that there is no objective factual basis and it will be retried."

"The prosecutor did not show strong evidence, so why did the trial be postponed?"

"I don't understand, but I don't say much, I hope there are no other problems in this case, and I look forward to the official follow-up!"

“+1+1+1.…”

"The final result of this case is a postponement of the trial, which is indeed a bit inexplicable."

"I always feel that there are certain problems in applying for recusal and postponement of trial."

"But then again, this is the Provincial High Court! This situation .... If there is an arbitrary judgment, then the judicial system will not collapse? ”

“.….”

Regarding Jiang Wei's verdict, there has been a huge heated discussion of public opinion.

It soon rose to the hot-button issue.

.

….

Back to Bai Jun Law Firm.

Su Bai has already submitted a report on this case.

This is because the decision to adjourn the trial is within the scope of the law.

This made Su Bai have no way to submit evidence of arbitrary judgment, so he could only submit a report first, not to supervision.

This made Li Xuezhen's little face a little angry.

"Lawyer Su.... This case, the presiding judge, is clearly aimed at us..."

"Can't we submit it to the police yet?"

"It's so unfair to us!"

"In this case, in terms of legal procedures, although the presiding judge has a very strong inclination."

"However, from a legal point of view, it is true that the result of arbitrary judgment has not been achieved."

"But it's okay.... I have now reported the presiding judge's inaction. ”

"Wait a little longer."

Su Bai spoke.

This case has caused such a big problem of public opinion, not to mention anything else, the provincial high court will definitely pay attention to this problem.

But....

In Jiang Wei's case, they still need to be active.

At least shorten the time for the postponement of the trial to seek as many legal rights as possible for your client.

"Ahem...."

Su Bai coughed dryly twice, and turned his head to look at Li Xuezhen, who was puffing up.

"Does Teacher Feng know anyone from the Pingyuan Provincial High Court? The provincial inspector can also do it, and of course the inspector is better. ”

“.… Provincial Inspection and Supervision of the High Court, Lawyer Su, why are you suddenly asking this? This already covers most of the justice system, right? ”

"It's nothing, it's just a casual ask, you can help ask Teacher Feng if he knows him.... It helps to be able to help our clients quickly. ”

"Oh."

"Okay Lawyer Su."

"Then I'll ask...."

Li Xuezhen nodded seriously with a small face, and when she walked out of the office, she immediately dialed Feng Lijian's phone.

Meanwhile.

Nanfa University, Feng Lijian raised his glasses, with an angry expression on his face.

"How did the vice president of the High Court of Pingyuan Province decide this case?"

"It's clearly selfish!"

To be honest, since the last time Su Bai came to Nandu Law University to give a speech.

He has been paying attention to Su Baida's case.

Every time, I look at what cases I have been fighting recently from the account of the short video of Bai Jun Law Firm.

If you go back to the live trial network to see the process, or check the verdict to understand the situation, you can be regarded as caring about your students.

I used to see Su Bai's lawsuits, and there were basically no problems, but this case....

He is also a senior professor in the legal circle, and he has seen a lot of lawsuits.

But I couldn't help but complain about this case.

When Feng Lijian was complaining, he suddenly saw Li Xuezhen's phone call and hurriedly answered it.

Lehehe: "Xuezhen, is there anything wrong with calling at this time?" ”

"Teacher.... I would like to ask, do you know any classmates in the Pingyuan Provincial High Court? Classmates who know from the Provincial Inspection of Pingyuan Province can also.... Monitoring is better. ”

"Plains Province?"

This is to ask two of the three major departments of the public procuratorate and law.

"I really don't know any classmates from the Pingyuan Provincial High Court, but I remember that there was a senior who went to be a supervisor...."

Monitor?

Li Xuezhen heard Feng Lijian mention the word supervision, and her eyes lit up.

"Yes teacher!"

Feng Lijian learned about the case and watched the entire trial process.

During the whole process, although the vice president's verdict was selfish, it could not be sent away directly.

Although I don't know how Li Xuezhen plans to deal with this case.

However, Feng Lijian still contacted his senior....

.

….

With the passage of time.

After a few days of fermentation.

Public opinion on Jiang Wei's case is getting hotter and hotter.

Pingyuan Provincial High Court, in the office of the vice president.

Shen Yao received a call from the dean, and the dean's voice of accountability came from the other end of the phone.

"Jiang Wei's case was handed over to you, how did you try it?"

"Don't you know how hot this case is?"

"I've watched the live broadcast of the trial, is your judgment at the trial angry with other lawyers, and you want to deliberately trick others?"

"Dean.... I didn't, I felt that Jiang Wei couldn't rule out suspicion in this case, so I got a postponement of the trial. ”

"Then you tell me when the adjourned trial will start?"

"Have you applied to the adjudication committee?"

"It's not that I haven't had time to tell you the dean that I know this case in my heart, I know when the trial will start, and I will continue to follow up on the prosecution's words."

"Dean, you don't have to worry, I know how to proceed."

There was an impatient voice on the other end of the line.

"Alright, let's stop talking about it! I don't want to hear you explain, you don't care about the subsequent progress of this case for the time being. ”

"I will discuss with other members of the collegial panel to replace the members of the collegial panel, and the court has received a lot of reports from you about the verdict of this case, saying that you have arbitrarily adjudicated!"

"I know this case, you are deliberately angry, but you don't pay attention to the impact at all?"

"In this case, you try to find the client and the lawyer entrusted by the party to understand the situation."

"Everything is done according to the evidence!"

"The follow-up impact of this case is very great, and I heard that the supervision side has paid attention to this case, whether there are other circumstances, and whether there is a transfer of interests."

"See for yourself!"

Smack, the phone is hung up.

Shen Yao listened to the dean's reprimand on the phone, and didn't say a word.

Or rather, they want to speak but don't have the opportunity to speak.

As the vice president of the Provincial High Court, the president reprimanded herself on the phone because of such a case.

This doesn't make sense at all!

Besides, her case was justified and well-founded.

Although it is true that there are selfish motives, no matter how you say it, it cannot reach the level of arbitrarily adjudicating the law.

She did not make any judgment, but only refused to apply for recusal and decided to adjourn the trial.

It is indeed inappropriate to postpone the trial, but no matter how big the public opinion is, she at least stands with the dean.

There's no need to let the dean teach you that, right?

As the dean said just now, the supervisor of this case has also come forward.

Surveillance? When did this case involve surveillance?

She has no relationship with anyone to convey interests, and there are no other problems in the judgment.

On the one hand, at the trial, Su Bai insisted on protesting, which made her, the presiding judge, very faceless.

Besides, she wants to see that this Su Bai, as the top lawyer in the country, she does everything according to legal procedures, and she wants to see what the other party can do.

It is certainly impossible to report successfully.

Supervision is definitely not afraid of supervision, even if the relevant personnel come to investigate, it is in the form of an interrogation.

Nothing else is a big deal.

What matters now is the dean's attitude towards himself.

The president was very firm in his attitude and asked for the members of the collegial panel to be replaced, so that he would not take on the case again.

What's going on?

The more well-known a lawyer is, the more complex the people involved.

This Su Bai shouldn't be someone behind it, right? .

….

PS: Ask for a monthly pass~

(End of chapter)