Chapter 333 Difficult Judgment, the Law Can Judge, But Can It Be Judged?

As to whether or not the evidence is falsified, it is necessary to go through the relevant certification through the Physical Evidence Division.

But!

Why was Su Bai able to recognize at a glance that the evidence submitted by the defendant was forged?

Because according to the evidence submitted by the business administration.

The time when the business administration made an appointment with the manager of Dafa Supermarket and Wang Hai was around 10 a.m. on the 15th of the month when Xiao Pingjun complained.

The time and place are also clearly written on the record.

But.... According to Xiao Pingjun's description, the morning of the 15th of that month was the time when Xiao Pingjun went to defend his rights.

Wang Hai, the manager and general manager of Dafa Supermarket, was in Dafa Supermarket all morning to deal with Xiao Pingjun's rights protection.

There was simply no time to go to the business administration for an interview.

Didn't anyone in the business administration take this into account?

Or did you just fill in the time to supplement it later?

Is the purpose so as not to be held accountable?

Regarding the time, Su Bai still wanted to confirm it again, so he turned his head and asked Xiao Pingjun:

"Is it the 15th of the month when you defend your rights at the door of Dafa Supermarket?"

Xiao Pingjun nodded: "Lawyer Su, I can confirm this." ”

"It was on the 15th of that month."

"I remember very well that Dafa Supermarket called the police at that time."

"It's just that I was holding a sign at the door of Dafa Supermarket at the time, and I didn't disturb the order."

"It was only a verbal warning, and the law enforcers didn't do much to stop it."

"Then the manager of Dafa Supermarket, as well as Wang Hai, came out to refute the rumors in person, and they were there all morning."

After confirming this matter, Su Bai looked at the presiding judge: "Presiding judge." ”

"We challenge the evidence presented by the defendant's business administration."

At this time, business administration lawyer Yu Yan spoke:

"Regarding the authenticity of the interview transcript, we can conduct relevant appraisals."

"There is no question of the authenticity of what is recorded in the transcript."

"There won't be any problems? Then I would like to ask the defendant, what is recorded in the transcript is authentic, but what about time? ”

Su Bai opened his mouth to retort.

"On the morning of the 15th of that month, our party Xiao Pingjun defended his rights at the door of Dafa Supermarket."

"Wang Hai, the general manager of the supermarket, and the manager in charge of the supermarket have been dealing with Xiao Pingjun's rights protection all morning."

"The evidence issued by the business administration is an interview at 10 a.m. on the 15th."

"Now the defendant told me that what is recorded in the transcript is true, and the content of the transcript is indeed true, but why is it not right in time?"

"The timing is not right, it is not a forged evidence, this point, I don't need to state this again, right?"

"If it's really real evidence that is definitive, there will be no problem of time not being right."

"Again."

"Now Wang Hai, the general manager and person in charge of the defendant Dafa Supermarket, is at the scene."

"The presiding judge can ask Wang Hai in court whether he went to the business administration to make an appointment at that time."

"But here, I would like to remind the defendant that if there is a false confession in court, it will be dealt with as perjury and will be sentenced."

Bench on the judging table.

Faced with this suddenness, the defendant submitted a scene of falsification of evidence and was caught red-handed by the plaintiff.

Let's be honest ....

As the presiding judge, Peng Guangliang has tried many cases.

I have seen the falsification of evidence, but the forged evidence was pointed out in court, and it was pointed out with reasonable evidence.

That's rare.

Peng Guangliang did not know the specific situation of the interview with the relevant departments.

But according to the defenses of both sides, Peng Guangliang can also understand.

This means that the relevant authorities did not make an appointment.

However, in order to eliminate the impact and avoid being accused of omission.

After the fact, I made up an interview statement, and the date was filled in incorrectly, which caused the current situation?

Or is it .... Are there other conditions?

Peng Guangliang looked at Wang Hai and said:

"Wang Hai, on the morning of the 15th of the month raised by the plaintiff, you were handling the complaint."

"I didn't have time to make an appointment, do you still have any relevant impressions of this?"

Faced with the presiding judge's question, Wang Hai also fell into silence.

How did he answer this?

Although he knew that the answer was an appointment, it was a good thing for business administration.

But just now, Su Bai reminded him to state a confession that did not conform to the facts at the trial.

It was dealt with under perjury!

He did not have an appointment that day, and the follow-up was also supplemented later.

Because at that time it was already involved in the opening of the case....

Another point is that if the time is based on the time, it is already considered that the reply has not been given within the specified time.

In this regard, the business administration said that it would be good to arrange a time within the specified time limit at that time.

Anyway, as the parties concerned, if they don't tell the time of the interview, no one knows when the interview will be conducted.

Even if it is perjury, the other party cannot produce evidence to prove that it is perjury.

It won't have much of an impact either.

But.... What he didn't expect was that this evidence was filled in on the date on the 15th of the month!

There were so many people watching that day, what did he say?

So for this matter, Wang Hai can only answer vaguely:

"Presiding Judge, I don't remember this very clearly."

.

….

On the judgment bench, Peng Guangliang struck the hammer.

For the falsification, to be honest, it is still necessary to determine whether the evidence is true according to the relevant proof.

Since in this trial, there are doubts about this evidence.

and cannot confirm the authenticity of the evidence in court.

Because neither party's defense can confirm the truth.

To put it bluntly - both sides insist on their own words, and it is completely impossible to determine whether it is true or false.

Legal confirmation can only be made through the Bureau of Physical Evidence and the forensic identification of the relevant personnel.

If there is no legal confirmation, then the presiding judge will not admit the evidence.

As for perjury, that's another side of the story.

It has little to do with the verdict of this trial.

Clear your mind.

Peng Guangliang rang the gavel: "Because the evidence issued by the business administration is questionable. ”

"And for the time being, it cannot prove the authenticity of the evidence."

"In this court, this evidence is not admissible!"

"Moreover, the collegial panel held that this evidence did not affect the follow-up of the trial, do the plaintiff and the defendant have any objections to this?"

The gavel sounded, and Peng Guangliang rejected the evidence put forward by Yu Yan.

Yu Yan did not continue to speak on this situation, nor did he have any objections.

After all.... If there is any objection, then the evidence needs to be evaluated before the trial is reopened.

It's even more disadvantageous for their side.

Su Bai did not have any objection to the presiding judge's request to continue the trial.

The main purpose of this lawsuit is an administrative trial.

The evidence needs to be investigated and examined by the Physical Evidence Bureau before it can be determined whether it is true or false.

And then again.... In this trial, the relevant persons cannot be sentenced for evidence forgery.

But....

With this evidence, the follow-up matters are much easier to solve.

Call....

Su Bai took a deep breath and waited for the trial to continue.

After getting no objection from both sides, immediately after, Peng Guangliang continued to speak:

"The defendant has appointed a lawyer to accuse the plaintiff of negligence and inaction."

"Do you have any other points that you would like to make?"

Yu Yan looked at the business administration staff on the side.

This case is based on his understanding, as well as the corresponding situation in reality.

If omission is accused, there is indeed a case of omission.

But as an administrative department.

The lawsuit is again being heard in public.

Can he admit it directly?

Definitely not!

In addition, he must prove from some aspect that there is no inaction on his side.

In this regard, the entrusting department has emphasized to Yu Yan that it cannot lose the lawsuit.

and not to have a large negative impact.

In response to the presiding judge's question, Yu Yan continued to state:

"For the plaintiff's application and its accusations and rebuttals."

"We don't agree."

"The evidence submitted by our side just now was questioned by the plaintiff, and it was not accepted by the trial, so it will not be ignored for the time being."

"But in the whole process, we, as the management department, still have other actions."

"For example, notify Dafa Supermarket to rectify the relevance."

"Is this our doing?"

"If we don't act, what is this behavior we do?"

"So from this point of view, the facts of the plaintiff's accusation are not established!"

Gee....

Hard argument, huh?

Judging from this trial, no matter how the defense stated, it was very powerless.

At most, only a portion of the adverse effects can be mitigated.

But in reality, there is no way to get rid of the situation of inaction.

Why?

Because what Su Bai stated just now is already very clear.

The conditions for omission are not stated by the defendant, but action is action.

Rather, it is necessary to start from the complainant's perspective to determine whether the outcome of the complaint has been implemented.

Or through the investigation to find out whether the complaint is genuine, and whether it has been dealt with in a timely manner and whether the relevant response has been carried out.

To put it bluntly -

Roughly speaking, if the content of the complaint does not correspond to the true situation.

As the relevant administrative department, it is completely possible to leave it alone.

However, if the content of the complaint is genuine.

And in accordance with the relevant laws and regulations, corresponding penalties shall be given.

Then the competent department shall implement the relevant matters in accordance with laws and regulations.

If it is not put in place, it is a case of inaction.

Prescribed by law.

The manifestations of omission generally include refusal to perform, non-reply, delay in performance, etc.

As with "disorderly acts", it may infringe upon or damage the legitimate rights and interests of the complainant or other persons.

They should take the responsibility to admit their mistakes and apologize.

It also includes the possibility of being notified of criticism and corresponding administrative compensation.

There is a certain legal liability for the subject to restore the reputation and eliminate the impact.

This is a constituent element of omission.

Of course, it also includes a series of factual conditions such as whether the subject unit is an administrative unit.

There is no objection to the fact that the above defendants are all elements of the case.

So....

Do the defendants have an obligation to fulfill their obligations?

No!

Completely ignoring the laws and regulations to punish Dafa Supermarket is a failure to exercise its responsibilities and obligations.

It is equivalent to saying inaction.

Rather than what Yu Yan stated, my actions represent my actions.

That's not what the law says.

Because if you talk about it according to this kind of regulation.

In the exercise of executive power, it is completely possible to procrastinate and not be subject to any constraints!

The statements of counsel appointed by the defence are all about removing the question of impact and responsibility.

It does not represent the act of having an action.

Su Bai looked at the defendant's attorney's seat and spoke:

"Judging from the statement of the lawyer entrusted by the defendant."

"The content of his statement is completely not a law, and it is a condition for administrative inaction."

"So we apply for the conduct of the defendant's unit."

"Make a decision!"

Regarding this issue, Su Bai didn't want to make too many statements.

Because there is no point ....

The mess that the other party is talking about is no longer part of the content of the law.

Therefore, it is good to directly ask the presiding judge to make a judgment.

And the other side.

On the judgment seat, whether to judge or not, this matter made Peng Guangliang fall into a dilemma.

If according to the plaintiff, then the defendant's four related units.

can be judged as laxity and inaction.

Can it be judged?

Peng Guangliang frowned slightly, only feeling that this trial was too difficult.

.

….

PS: Ask for a monthly pass~

(End of chapter)