Chapter 341 Slap the table in court and question! How does a collegial panel define a statutory scenario?! (Little Boom)

For several consecutive questions of the presiding judge in the trial.

Let's be honest...

It's too tendentious.

Basically, it is not much different from the verdict of the first instance and the relevant information recorded in the file.

It's just that in the record of the first instance file....

At that time, the verdict announced at the trial was much more direct than that of the second instance.

Faced with several tendentious questions from the presiding judge, Su Bai directly raised his hand to signal.

"Presiding Judge...."

"We believe that the presiding judge's question is not in line with the fairness of the law."

"The presiding judge's question is too inclined to Xia Mingyuan's guilt."

"Xia Mingyuan can't answer the above questions at all, and he doesn't need to answer them."

"Therefore, we apply to dismiss the presiding judge's relevant questions."

…

Su Bai spoke directly and rejected the presiding judge's question.

The main reason for the rejection is, of course, that the presiding judge was tendentious in his questioning, and that it was unfavorable to his client in terms of law, reason, and feelings

Then he must fight for the corresponding litigation rights and interests of his client in the court trial.

It's just that in the face of Su Bai's rejection, Jiang Feng's expression on the court was obviously a little unhappy.

Then he spoke: "The question about Xia Mingyuan just now was an inquiry about the case. ”

"For this point, Xia Mingyuan can not answer, but the corresponding consequences need to be borne by Xia Mingyuan personally."

？？？

No, why should Xia Mingyuan be personally responsible?

In law, the parties have the right to refuse to answer certain questions from the presiding judge.

If you refuse to answer, the consequences shall be borne by the person concerned.

But just now, Jiang Feng's inquiry was obviously extremely targeted.

This kind of pertinent issue is completely inconsistent with the relevant litigation provisions.

According to the relevant provisions of legal proceedings, how can a criminal suspect be asked to prove that the criminal suspect did not commit a crime?

"However, in accordance with the relevant procedural laws, criminal suspects are not allowed to testify themselves at trial."

"The presiding judge's questioning just now has already been involved, and let the suspects prove their innocence."

"This is no longer in accordance with the rules in the Code of Criminal Procedure."

"In our opinion, even if our party is made to bear the follow-up responsibility, does the presiding judge's inquiry comply with the relevant legal provisions and legal definitions?"

On the bench, Jiang Feng, as the presiding judge, faced the question raised by Su Bai.

Continue to speak: "As for the question of whether there has been a violation of the provisions of the Criminal Procedure Law, as the presiding judge, I know this very well in my heart. ”

"Therefore, there is no discussion on whether the appellant's determination meets the requirements of the law, the definition of the law, and this matter."

"Now please ask Xia Mingyuan to answer the question I raised, if you don't answer, then the corresponding consequences need to be borne by Xia Mingyuan personally."

Faced with the presiding judge's disregard for the rules of procedure, Su Bai frowned slightly.

Didn't say anything.

Just a gesture in his eyes, how Xia Mingyuan should answer, how to answer.

Although the presiding judge's question did not comply with the relevant rules of the trial.

However, no relevant judgment has been made, and this trial has not been entangled in this regard, and this trial cannot be advanced.

Therefore, Su Bai made certain concessions on this point.

You ask, I answer.

However, if the relevant judgment is made, it will definitely not be accepted.

But having said that, this time when the appeal was made to the Municipal Intermediate People's Court, it was again judged only on the basis of confessions and no objective factual evidence.

Or even let the suspect prove his innocence....

Let's be honest .... Isn't that?

What is the situation in which the perpetrator proves his innocence and self-proves his subjectivity?

Completely non-compliant with the relevant procedures!

That's more.

If the offender is unable to prove that he has not committed a crime, can the offender be judged to have committed a crime from the side?

Su Bai: ....

In this regard, there is a clear provision in the Criminal Procedure Law that criminal suspects shall not be required to give self-evidence at trial.

Of course, there are special circumstances, such as the fact that there is a crime.

For example, when a public official was charged with the crime of "unknown source of huge assets".

The criminal suspect needs to explain the unknown huge amount of property and explain the source of the property.

However, this is an act of self-proof that is required in the presence of objective facts.

The case against Xia Mingyuan is a case of self-proof that there are no facts in the absence of facts.

It is not reasonable in itself.

On the other side, Jiang Feng was still asking Xia Mingyuan:

"Xia Mingyuan, please answer the question I asked just now."

Regarding the above questions, Xia Mingyuan really couldn't come up with any factual basis, so he spoke:

"I can't show evidence that I didn't molest or molest."

"But I definitely didn't deliberately call these students into the office, or because they were violating school rules."

"Go to harassment and threats."

"A lot of people in school know that."

"And.... I have punished not only these three students but many others at school. ”

"Then why don't the other students have this situation, only these three students have?"

"Although I can't produce evidence, I know that these three students are completely slandering me."

"Proper slander!"

"I hope the presiding judge will take this situation into account."

"Hmm.... The Full Court will consider your question accordingly. ”

"According to the appellant's current statement, is it true that the appellant has no evidence to show that he did not do it intentionally and did not assault the three victims?"

"Yes, there is no evidence."

"Okay."

Jiang Feng nodded: "Then does the appellant's lawyer have anything else to state?" ”

"Yes."

"A piece of evidence that we applied for supplementation."

"The application has been approved."

Su Bai submitted the relevant evidence to the staff on the side.

After the staff on the side handed over the evidence to the presiding judge, Su Bai continued to speak.

"The evidence we added was a questionnaire about the school."

"I have visited the school and asked the students and teachers in the school about the practices and reputation of Wu Yan, He Juan, Li Bing and others in the school."

"The three victims have a bad reputation in the school, and there are often things that violate the school's rules."

"Bullying others many times."

"And after Xia Mingyuan was placed on file for investigation, Wu Yan, He Juan, Li Bing and others hyped it up to their classmates and friends in the school."

"It was because of the interests of his relatives that Xia Mingyuan was placed on file for investigation."

"Through this, combined with the confessions of only Wu Yan, He Juan, Li Bing and others in this case."

"Therefore, we believe that in the absence of objective facts, it is necessary to take into account the interests in the first instance and revoke the judgment of the first instance."

On the bench, looking at the evidence submitted by Su Bai, Jiang Feng was expressionless: "Regarding this piece of evidence, the collegial panel already understands it. ”

"Does the victim have anything to say?"

This piece of evidence is certainly not favorable to the victim from the side.

Of course, Wang Qin also opened his mouth to explain this:

"First of all, since this evidence has not been appraised for the time being, we believe that the court should not admit it."

"There are doubts about the evidence itself."

"Again."

"The minors involved in this case may not be mentally mature."

"So it's easy to classify Xia Mingyuan's own guilty acts as other acts."

At this point there is a "false component" of flaunting. ”

"Therefore, we believe that this evidence cannot be used as a case where the victim falsified his confession."

Su Bai: "The evidence can be appraised after the trial. ”

"On the basis of a request for appeal in the application for action."

"We have already raised the issue that the victim Wu Yanqi's uncle has an interest in this case."

"Uncle He Juanqi also has an interest in this case."

"Among them, the relatives of the two victims in this case are involved."

"That's something to take into account, right?"

"Combined with the statements of Wu Yan and other victims, it increases the possibility of their authenticity."

"In other words, the confessions provided by Wu Yan and others are false confessions."

Both sides are very clear about this point.

Su Bai presented this evidence to show that the confessions of the victims of Wu Yan and others were false.

And it was through a false lawsuit that Xia Mingyuan was placed on file for investigation.

And Wang Qin used the excuse of being underage and ignorant to dismiss Su Bai's point of view.

Whether in terms of evidence or objective facts, Su Bai's defense is much higher than Wang Qin's.

Now the defense has entered the advanced stage.

We just need to wait for the presiding judge's decision.

Merely....

This time's judgment was based on Jiang Feng's performance just now.

It is evident that the other party is inclined to the side of the victim.

Su Bai looked up at the seat of the court.

Jiang Feng slowly spoke after sorting out the relevant materials:

"Both parties have completed their defenses on the relevant circumstances of this case."

"The verdict on the defence is now announced."

"First of all, the evidence presented by the appellant has not been evaluated for the time being, so it is not admissible."

"Secondly, the court believes that there is a certain degree of reasonableness for the victim's confession and relevant circumstances."

Here's why:"

"As a dean of education in the school, Xia Mingyuan can punish students without physical contact."

"He used this punishment when he knew that he might punish the student, that there was physical contact, that he might touch his private parts."

"There is a certain amount of deliberate expressiveness in its subjectivity."

"Based on that."

"I also had multiple physical contact with the victims, Wu Yan, He Juan, and Li Bing, and called them to the office."

"In addition, in terms of his subjective intentionality, he cannot prove that he did not commit indecent and harassing acts."

"It is now determined that Xia Mingyuan has behaved in obscenity and harassment."

While the presiding judge Jiang Feng made a judgment, Su Bai felt that this judgment was outrageous.

That's the verdict, right?

Knowing that you may touch your private parts, is it the same as touching your private parts?

No.... How did this logic come about?

Criminal cases, said 100 times: evidence, direct evidence, objective facts!

None of them can be sentenced to three and a half years in prison based only on confessions and possible intentions!

Isn't that scary?

Su Bai directly retorted in court: "What about the objective facts and direct evidence on which the presiding judge's judgment just now is based? ”

"Where?!"

"There are no objective facts and direct evidence, why should Xia Mingyuan be judged as having the factual nature of his crime?!"

"I would like to ask the presiding judge in accordance with which article and which provision of the Criminal Procedure Law made his decision?!"

Facing Su Bai's questioning, Jiang Feng frowned slightly, but still replied:

"The decision is based on the scenario to which it is adapted."

"Based on the applicable scenario, it means that there is no objective factual evidence for the judgment?!"

"What is the scenario?"

"Is it based on the victim's confession or is the presiding judge based on his own subjectivity?!"

"I ask the presiding judge to give us a clear explanation!"

Su Bai looked at the seat on the trial table and directly slammed the table.

Isn't this bullying?

When the time comes, I will definitely not mind tearing up my face with the presiding judge and the members of the collegial panel.

Why?

Because the other party no longer talks about the applicable law.

What legal scenarios apply?

If you only use the legal situation to make a judgment, then what do you have to defend just now?

Wouldn't it be nice if you just went to court and pronounced the verdict?!

Why bother going through the relevant process?!

…

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