Chapter 326 The Supreme People's Procuratorate Responds! In the clear!

Fang Rufeng's case is on the court court.

Su Bai repeatedly emphasized that the "search vocabulary problem" is not an objective fact.

At least not the fact of preparation with criminal intent.

The presiding judge is also willing to listen to opinions at the trial.

But what? The result?

The presiding judge considered the case completely in accordance with his own legal understanding and from Xie Tingting's point of view.

How to say it....

It is a bit unreasonable to say that it is a perverse judgment, because the verdict has not yet been announced.

And arbitrary judgment does not mean that the judgment is wrong, which is equivalent to arbitrary judgment.

There needs to be subjective intentionality.

At present, it is certainly not possible to submit a judgment to supervision and review in an arbitrary manner.

But the fact is that there is something wrong with this verdict!

There is also a big problem with the relevant judgments!

The case has gone through the Provincial High Court, and the application for retrial has been processed.

If it continues, then it can only submit relevant applications to the Supreme People's Court and the Supreme People's Procuratorate.

Judging from the current results, Su Bai can only ask the Supreme Review for guidance on this case.

Otherwise, the follow-up process will be a lot of trouble.

But then again.

Just now, Su Bai directly asked Fang Rufeng to dismiss him as a lawyer at the trial.

According to Lin Fengru, this is indeed a loophole in the law.

But the law at the time of making this.

The question of this has long been taken into account.

Why?

This is because it is up to the client to decide on the status of the attorney.

And it cannot be terminated more than once, and if it is terminated twice, the court can appoint a legal aid lawyer.

or refusal under the relevant regulations.

And the parties were also involved, deliberately obstructing the order of the trial.

Of course, in the interpretation of the law, intentionality is divided into a series of conditions such as subjectivity, objectivity, etc.

For the first time, it can be said that it was subjective and problematic about this case.

However, if the second and third times continue, then it is clear that, objectively speaking, many times have been equated with "deliberately".

And then again, unless it's a special case.

Generally, no lawyer will ask his client to terminate his or her status as a lawyer client in court at trial.

Of course, it is also a right granted by law to directly dismiss the identity card of the lawyer's client at trial.

It can only be said that it is a strategy and a contingency and, in general, will not have any impact on the verdict.

How to judge, or how to judge.

…

Looking at Li Xuezhen, Su Bai spoke:

"I will report it first, and then go back to the law firm, and prepare to submit this case to the Supreme People's Procuratorate and the Supreme People's Court for guidance."

"Later, sign the entrustment agreement again, and come in your name."

As soon as she heard the report, Li Xuezhen's eyes lit up: "Okay, Lawyer Su!" ”

"But this trial... The collegial panel and the presiding judge did something wrong. ”

"But let's report it, can we report it successfully?"

Thinking of this, Li Xuezhen couldn't help but feel a little worried.

"Ahem...."

"Don't care if the report is successful, what we have to do is to report it first!"

"If you don't report it, you will never succeed in reporting, but if you do report it, there is still a possibility, understand?"

"Understood!"

Li Xuezhen nodded seriously with a small face.

Su Bai looked at Li Xuezhen with a slight satisfaction in his eyes.

This time the report, to be honest.... At present, the evidence is insufficient.

But what if that happens?

Submit a report.

At the very least, the relevant staff will investigate and find out if there are any other influences and disturbances in this case.

Is there any other circumstance of arbitrarily adjudicating the law?

…

Baijun Law Firm, during the suspension of the trial, Su Bai took Li Xuezhen back to the law firm first.

Immediately afterwards, Nandu media was contacted.

That is, the previous release of "To Judge or Not to Judge? Criminal preparation, whether it is a double-edged sword" title of the media.

I called the editor-in-chief of Nandu Media.

After connecting on the opposite side, Su Bai said straightforwardly:

"I also have a relatively draining case here, I wonder if the media is interested?"

Wang Xue, as the editor-in-chief, smiled again and again when she received Su Bai's call:

"I must be interested, Lawyer Su, of course we are interested in your case!"

"Okay!"

"Wait a minute, I'll send you the title and content, and you can just send it to the previous one."

"Okay lawyer Su, happy to work with."

Hanging up the phone, Su Bai sent the previously sorted content to Wang Xue.

Then he took Lin Xuezhen to submit to the relevant departments of the Supreme People's Procuratorate the legal interpretation on criminal preparation, as well as the relevant judgment and judgment of the Linsha County Basic Court on the case.

Why did you submit the relevant judgment to the Supreme People's Procuratorate?

It is because there is "evidence" in this case that is mainly based on the concept of the presiding judge.

Fang Rufeng searched and killed his cheating wife and mistress, is this search behavior an objective preparatory fact?

Since the presiding judge wants to make such a judgment, let the Supreme People's Procuratorate make a judgment!

It's like the previous case of helping people, and the case of justifiable defense.

The Supreme People's Procuratorate and the Supreme People's Court have attached great importance to these two cases.

Moreover....

Relevant guidance was given.

The popularity and judgment of this case are not inferior to those of the case of helping people and the case of legitimate defense.

If there is controversy, then let the Supreme People's Procuratorate provide relevant guidance.

To put it bluntly, he just went to the Supreme Procuratorate to ask for an explanation.

…

Nandu Media, Wang Xue is reviewing and sorting out the finished content.

After the review is complete.

Posted on the relevant account, titled——

"Follow-up: Is the integration of realistic scenarios and the collision of evidence between laws based on legal evidence or reasonable? 》

Looking at the content that had been released, Wang Xue smiled with satisfaction.

These few times I have cooperated with Su Bai, and the original assessment performance above has been completed!

This video is completely overdone!

Not bad!

Under Wang Xue's instructions, this video and the previous double-edged sword video are all at the top.

Soon—

Driven by the previous popularity, this video has skyrocketed in views again.

And this time the video content is mainly discussion.

Whether the presiding judge may disregard the relevant evidence at trial.

Rather, the judgment is made in accordance with the legal reasoning and the priority between the two.

Why is this topic being discussed?

Because Lin Fengru's main judgment concept is based on legal reason.

Can it be legally reasonable in civil matters?

OK!

A high degree of probability, that is, a judgment made in accordance with legal reason.

And what about in criminal cases?

Rely mainly on factual evidence.

The impact of criminal cases involving victims and defendants in accordance with their statutory rights would be enormous.

So.... This case is not just a matter of judgment, but also a matter of guidance.

Because there were no similar guidance cases before.

Maybe Luo Daxiang also saw this, found Su Bai, and entrusted the case.

There is also a high degree of discussion on this topic on the Internet, which is basically divided into two categories.

One is to think that the judgment has no evidence, what to judge?

It's a complete blind judgment!

There is also a group of people who think that the presiding judge may have seen farther, has a certain amount of experience, and has made a good judgment.

The two sides had a heated discussion on this.

…

At the time of the suspension of the trial, in a community in Linsha County.

Xie Tingting was talking to Xu Xia on the phone at home.

"Lawyer Xu...."

"It's been many days since our case was last suspended...."

"When will Fang Rufeng's crime be sentenced?"

"And.... The divorce case will be held in two days, and if the verdict is not convicted at that time, will it have any impact? ”

Xu Xia smiled and said: "It does have a certain impact, but don't worry." ”

"To be on the safe side, I've already applied for an extension of time on the divorce side."

"Okay, thank you, lawyer Xu, but I still have a concern, the trial of the judge Fang Rufeng has been postponed, will it cause any bad consequences?"

"No, in the courtroom, everything will be based on the judgment of the presiding judge."

"You search for that Su Bai on the Internet, the top criminal lawyer in the country, who is very powerful in the trial."

"As long as it is a court case that can be searched, there is almost a 100% winning rate, but what about this case?"

"Look at how good this lawyer Su behaved in the trial?"

"Does it work? It's useless! ”

"You still have to listen to the presiding judge in the trial, don't worry, there's no problem."

"Oh, okay."

Xie Tingting hung up the phone, and a man hugged Xie Tingting from behind: "Why has this divorce case been postponed again?" ”

Xie Tingting turned her head: "What, can't wait?" ”

"Is there a difference between being with you now and not divorcing?"

"I think you're thinking about your possessions!"

"Why, didn't I want to have a legal identity between us?"

The man's mouth was like honey, and Xie Tingting seemed to be very fond of this.

After listening to it, I didn't care about anything, just kept talking, it's almost fast.

…

The other side.

While the trial was suspended, the three collegial panel members responsible for the case were Fang Rufeng.

They all had different ideas about the case, and the female judge was particularly unhappy with the suspension of the case.

"Is there any point in this case having the commission lifted to postpone the trial?"

"It can't affect the verdict!"

"The outcome of this case has been decided, and it is nothing more than that the defendant thinks that he can delay a little time, after all, it is a retrial."

"I think I should have urged Fang Rufeng's case to be tried again as soon as possible."

"Otherwise, it's not a way to drag it all the time...."

Lin Fengru nodded after hearing the female judge's suggestion:

"I will supervise and pay attention to this case."

Another male judge, who was also in the collegial panel, fell silent again in the face of the exchange between the female judge and Lin Fengru.

It's not that he doesn't want to refute .... Rather, his rebuttal makes no sense.

He can only express his views in the verdict and the verdict.

…

Meanwhile.

When the media in Nandu finished publishing a very controversial discussion, the hot spot of public opinion began to rise gradually.

Because the content of the discussion involves, the presiding judge's authority for the trial and the most concerned -

Should this case be convicted?

And then there's-

Just opened his mouth and said, "I'm going to kill you, will I be sentenced to death after searching for death", can it be used as evidence?

The quarrel between the two groups intensified.

There are even some gradual deviations, and the people who deviate mainly start from the perspective of women.

and Lin Fengru's opinion is the same - "If it happens." ”

On the other side, they are relatively rational and start the discussion with reality – "There are no ifs." ”

Of course, there are also many bigwigs in the legal circle who speak out and think that it should not be used as evidence in the trial.

He also called on the Supreme People's Procuratorate to give a guiding answer.

applied for guidance from the Supreme People's Procuratorate, and brought a lot of labels, and this topic also rushed to the hot search.

…

Within the Supreme Procuratorate.

In fact, there are relevant public opinion concerns in each department.

For example, the Supreme People's Procuratorate sometimes indicates that the annual attention cases are public opinion cases that have attracted attention.

Then, these public opinion cases with a relatively high degree of attention will be given a certain guiding and exemplary role.

In an office.

The staff handed over a hot topic.

"Director Li.... Recently, there was a hot case on the Internet, and the voice of public opinion was very loud. ”

"This is the relevant content I have sorted out, please take a look at it, Director Li."

"Okay."

Director Li took the relevant content, glanced at it, and then spoke: "I will discuss this case with other leaders." ”

"Give relevant guidance."

…

After the others left, Director Li looked at the information again and said silently: "Isn't this nonsense?" ”

"How can a criminal case be decided if it is not based on evidence?"

"Completely contrary to the judgment procedure of the criminal case!"

Soon, there were internal discussions, and it was agreed that there were certain problems with the trial of the case.

and directly presented relevant guidance on the case.

-- The content involved in Fang Rufeng's case itself did not reach the level of objectively carrying out preparatory actions for the crime.

Whether it is from Fang Rufeng's words or deeds.

can only be determined that Fang Rufeng has a sense of crime in terms of subjective intent.

There are no objective preconditions.

During the trial, the adjudicators must not plan the legal scenario of the case through unknown and foreseen acts.

Any circumstance that is inconsistent with the available evidence should not be admissible.

…

The guidance given by the Supreme People's Procuratorate can be said to be very clear and clear.

I almost pointed to my nose and said, how did you handle this case?

How is it judged?

In Baijun Law Firm, Su Bai watched the Supreme People's Procuratorate guide the case.

smiled slightly, isn't this a good idea?

With the guidance of the Supreme People's Procuratorate, isn't there basically no other possibility in this case?

The guidance issued by the Supreme People's Procuratorate is generally the most objective and of practical significance.

If the trial is held again and does not follow this guidance, then it is tantamount to arguing the law.

According to this guidance, then it directly shows Fang Rufeng's innocence.

Anyway, the argument is now being begged.

"Waiting for the trial!"

Su Bai meditated in his heart.

On the other side, Li Xuezhen is also looking forward to the trial again.

Is the trial bad?

Or continue to judge?

Send it in, send it all in!

Flattered!

Xiao Li's face was filled with a satisfied expression.

…

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