Chapter 339 Trial: Involving Interests, Supervision Is Useless? Continue to accuse the next level!

Take the initiative to indicate that the judicial environment is not very good....

What does this mean?

This shows that the case may not have much lead and effect when submitted to the supervisory review at the beginning.

In other words, there may be a certain amount of inaction and cold treatment in the supervision and review.

But....

What to say about such a case ....

The small county town is the court of first instance.

If the case is lost in the first instance and the second instance is lost, it is necessary to appeal to the intermediate court.

That is, the Municipal Intermediate Court will conduct the relevant review of the case.

It can also be supervised by the city to conduct relevant investigations into the case.

Regarding Xie Hui's statement that the judicial environment is not very good, Su Bai asked Xie Hui not to worry about these for the time being:

"The judicial environment in the small county town is not very good, but the first-instance cases are not tried by the basic court, but by the municipal intermediate court."

"Then there's the monitoring aspect."

"Since.... It's not good to file a malfeasance supervision in your county first, so appeal first. ”

"Appeal this case to the Municipal Intermediate People's Court for judgment and trial of the interests involved."

"Then it will be handed over to the city inspector for processing, so that there is basically no other situation."

Hearing the method given by Su Bai, Xie Hui nodded:

"Thank you, Lawyer Su, as long as you can help our family Mingyuan and not be sentenced, our family is very grateful."

"No thanks.... This case, since there are no other problems. ”

"Then sign the power of attorney first, and then you can file an appeal."

"Okay."

Soon, Xie Hui signed the relevant power of attorney.

After Xie Hui left, Xiao Haibo smiled and said:

"Lawyer Su, this time I'm causing you trouble again."

"Xie Hui said that the current judicial environment in my hometown is not good, so it is estimated that this case may also face certain obstacles in terms of procedures and processes."

Su Bai smiled and said, "It's not troublesome." ”

However, judging from the circumstances of this case, there are indeed certain problems.

It's just that the exact size of the problem needs to be determined after in-depth understanding.

…

In the law firm, Li Xuezhen put all the sorted materials in front of Su Bai's desk.

Then he spoke: "Lawyer Su...."

"I have sorted out this case according to your request."

"I think this case must involve the families of the two female students."

"Otherwise... Surely it will not be judged like this! ”

"Hmm...."

Su Bai agreed with Li Xuezhen's words, but based on the current situation, he appealed first.

At least revoke the first-instance verdict against Xia Mingyuan.

in order to make judgments about other situations.

As for whether there is any progress on other matters in the future, it is all based on this condition.

"Let's go to see the parties first, understand the situation, file an appeal, and leave the rest alone for the time being."

"Oh, good lawyer Su,"

Li Xuezhen nodded and spoke.

…

Linhai City, Baichuan County.

This is the county seat where Xia Mingyuan is located, and the first-instance case was tried by the Baichuan County Basic Court.

After being sentenced.

Xia Mingyuan is also being detained in the Baichuan County Detention Center.

It's just that after the Baichuan County Court announced the verdict.

Xia Mingyuan insisted on appealing the second instance, so he has not been transferred to the prison for jurisdiction for the time being.

The entire process of seeing the party from the detention center.

Let's not talk about the rest for the time being....

Only from Su Baizai, after presenting the relevant materials, wanted to enter the detention center and take a look at Xia Mingyuan, the party in this case.

I waited for almost a day.

How to say it....

From this point of view, in terms of judicial efficiency.

Not too high.

It's just a bit of a delay, though.

Fortunately, in the end, as Xia Mingyuan's client, Su Bai still came to the detention center and met Xia Mingyuan.

Xia Mingyuan has a pair of black eyes, is about 1.7 meters tall, and his hair is a little messy.

I don't know if it's because of this incident that I suffered a huge blow, but it can be seen that my mental state is not particularly good.

After meeting Su Bai and learning that it was the lawyer introduced by Xiao Haibo.

The whole person's mental state has only come back a little.

After seeing Xia Mingyuan's spirit recovered, Su Bai began to ask some questions again, such as:

Whether they have received special treatment or encountered other situations in the detention center.

Did all this really happen when being sued by a schoolgirl.

Etcetera.

Of course, these questions are asked with a relevant purpose.

For example:

The first question mainly involves whether there was a forced confession or mental torture in the process, and there was a situation of admitting guilt and accepting punishment.

The second is to reconfirm whether there has been any indecency and harassment.

In other words, Xia Mingyuan had a conversation with those female students, or whether other behaviors could be regarded as obscenity and harassment.

For this point, Xia Mingyuan repeated his mouth many times:

"At the first trial, the judge asked me if there was any physical contact between me and the female students."

"I said yes."

"Because as the dean of students, sometimes I manage situations where students can touch their shoulders."

"I told the judge the truth about this, and then the judge thought that I was indecent."

Su Bai: ....

Is this obscenity?

It's because the judge really can't find any other situation, right?

If there are other circumstances, it can be said that the teacher inflicted corporal punishment on the student, causing intentional harm.

But from Xia Mingyuan's statement, he is only making legitimate educational contacts.

It did not cause any medical harm to the female students.

So it can only be determined as indecency?

…

After asking about the specific matters involved.

Su Bai asked Xia Mingyuan to stay in the detention center for the time being and wait for a while.

Then the relevant litigation process and details were informed to Xia Mingyuan.

Xia Mingyuan nodded after listening to Su Bai and talking about the relevant situation.

"Okay lawyer Su.... I'll listen to you. ”

…

Walk out of the detention center.

Su Bai glanced up at the slightly cloudy sky and took a deep breath.

"Let's go.... Let's go and find out the situation on the spot first. ”

Li Xuezhen was puzzled: "Understand the situation on the spot?" ”

"Lawyer Su.... What's going on? ”

"This case happened in Beichuan County No. 1 Senior High School, and I must have taken a look at the school to understand the relevant situation."

Li Xuezhen didn't know much about what lawyer Su knew about the middle school, but she still followed behind Su Bai.

I went to Beichuan County No. 1 Senior High School.

…

After it was over, Su Bai exhaled lightly, turned his head and spoke: "Okay." ”

"Everything is ready."

"Prepare for an appeal!"

"Hmm!"

Li Xuezhen nodded, and followed Su Bai to the Linhai Intermediate Court to submit an appeal.

In this appeal application, Su Bai submitted new factual evidence and relevant determinations.

Soon.

The Linhai Intermediate People's Court decided to initiate trial procedures for Xia Mingyuan's second-instance case.

And all parties were notified.

…

Meanwhile.

In a small area in Baichuan County.

A woman in her almost 40s heard something coming out of her mobile phone.

A hint of anger appeared on his face, and he opened his mouth to reprimand:

"He's a man in his teens, he harassed a female student, and now he's sentenced, and he still wants to appeal?"

"Appeal what?"

"Let me tell you, Xiaoyan's matter must be solved well."

"Didn't you say before that Xia Mingyuan's behavior has constituted harassment of Xiaoyan and indecency?"

"Isn't that it?"

"If that Xia Mingyuan was willing to help us Xiaoyan and go back to school, then everything would be easy to say."

"But since he fired our Xiao Yan, didn't help, and harassed and molested our Xiao Yan, then he must find a way to get him in!"

"I said that you, who are uncles, can you have some snacks for your niece..."

A deep male voice came from the other end of the phone: "Sister...."

"This case was directly appealed to the Intermediate People's Court, and the jurisdiction is not in the county."

"I'm just informing you.... Look at what you're saying now, okay, I'm going to figure it out. ”

"But you also contact the parents of Xiaoyan's female classmate."

"Okay, okay, I see."

Hanging up, the woman dialed another number, and at first exchanged a few pleasantries.

Later, he said it again, Xia Mingyuan's appeal to the second instance.

The other side is obviously more mindful of this matter, and I don't know what to say.

After hanging up, the woman had a satisfied smile on her face.

On the other side ....

A sixteen or seventeen-year-old girl came out of the room and spoke:

"Mom, what were you talking about on the phone just now, that I was molested?"

"Yes.... That's it. ”

"The dean of your school has appealed again."

"Appeal? What to appeal? ”

"It's about disobeying the first-instance verdict and going to the city to appeal, but this has nothing to do with you, I'll let your uncle worry more."

"Xiaoyan, don't think about it too much."

The woman waved her hand, and the girl named Xiaoyan sighed, and then returned to her room.

…

With regard to the second instance, after notifying the parties, it quickly entered the trial stage.

In this trial, because minors were involved, and the defendant raised the right to personal privacy.

Therefore, the Intermediate People's Court decided not to make this trial public.

Su Bai and Li Xuezhen sat in the waiting room, waiting for the trial to begin.

Soon, the court session was approaching.

The relevant staff took Li Xuezhen and Su Bai into the waiting room.

The judgment seat, on the presiding judge's seat.

As the presiding judge of this trial, Jiang Feng had a relevant understanding of the verdict of this trial.

But....

This time the trial involved minors....

Forget it, let's take a look first.

After striking the hammer, Jiang Feng announced the opening of the trial, and then asked the appellant to appoint a lawyer and began to state the reasons for the appeal.

This case was appealed by Xia Mingyuan against the first-instance judgment.

Su Bai began to state the appeal application as the entrusted lawyer:

"The presiding judge .... Our appeal application is as follows. ”

"Our client, Xia Mingyuan, has objections to the first-instance verdict sentencing us to indecent assault and harassment of underage women, the circumstances are serious, and the sentence is three years and six months in prison."

"Application for rejection of the first-instance judgment."

"Here are our reasons for applying."

"First of all, in the first-instance verdict, there was no substantive evidence and objective facts to prove that Xia Mingyuan was harassed and molested."

"Our party should not be punished for the absence of objective factual evidence."

"Second, we believe that in the first-instance judgment, the law enforcement party and the prosecution department have an interest in the victim."

"The court of first instance did not make a factual recusal when it knew that it had an interest."

"Therefore, in view of this, we believe that it is the key issue that led to our first-instance judgment and defeat."

"Because the court of first instance did not allow the interested parties to recuse themselves, it is no longer in line with the process of the trial."

"Based on the above two points, we believe that the first-instance judgment against Xia Mingyuan should be revoked."

"Acquitted."

"The presiding judge is our relevant statement."

Su Bai finished speaking.

Jiang Feng, who was in the presiding judge's seat, turned his head to look at the victim's seat and the prosecutor's seat.

This time, all three schoolgirls in the victim's seat were present.

The first-instance judgment was revoked for Su Bai's statement.

Jiang Feng felt that he could understand, but he judged it according to the relevant interests.

This point....

"As for the relevant interests, I will not mention them for the time being."

"As for the court, there will be a follow-up investigation."

"In this trial, for the time being, the main content of the defense is whether Xia Mingyuan is guilty or not and whether the first-instance judgment is revoked."

Regarding the presiding judge's opening, Su Bai frowned slightly.

The interest is part of the judgment of the first instance.

It is a question of whether there is a non-recusal principle.

But the presiding judge, directly asked not to mention it for the time being?

…

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