Chapter 342 Different Perspectives of Tendencies, Presiding Judge's Views, Superintendent? Unafraid!

Su Bai slapped the table directly and continuously questioned Jiang Feng on the trial table.

Because Jiang Feng has too strong tendencies in this case.

It is completely inconsistent with the reasonableness of the judgment, nor does it conform to the relevant provisions of fair and just legal judgments.

This judgment is not only unreasonable!

And if it is a public trial, it will definitely explode in the legal circle!

Why do you say that?

Because in the legal circle, generally speaking, the presiding judge takes the opinions of the defender to make relevant judgments.

If the opinion is in accordance with the law, then the judgment can be made in accordance with the relevant opinion.

Su Bai has been exposed to many cases, whether civil, administrative or criminal.

All kinds of criminal acts, large and small, have been contacted.

How to say, according to the judgment of the statutory scenario, there is.

However, it is not after he has issued relevant evidence that he has to make a judgment based on the statutory situation.

The presiding judge is now convicted in accordance with the statutory circumstances.

Under what statutory scenario?

Obviously, he wants to sentence Xia Mingyuan guilty.

Jiang Feng's judgment just now can be clearly seen that there is a problem.

First: Jiang Feng did not accept it, and the statements he submitted just now confirmed from the statements of the school students and teachers that the confessions of Wu Yan and other victims were false.

This one piece of evidence is a very crucial piece of evidence.

Although it has not yet been identified.

However, it is completely possible to conduct an appraisal after the trial, and then make a judgment on whether Xia Mingyuan is guilty or not.

directly refused to adopt it, and judged that Xia Mingyuan had molested and harassed Wu Yan and other victims.

It is equivalent to saying that illegal evidence is not excluded.

What does that mean....

It means that Su Bai took out Wu Yan's confession, which may be illegal evidence.

The presiding judge also did not make the relevant exclusion in accordance with the law.

Secondly....

Again, that question is clearly stipulated in the Criminal Procedure Law.

Heavy evidence, light confession!

After he had raised the issue, the presiding judge continued to make a decision in accordance with his own legal scenario.

Su Bai was also very curious about the legal scene of the presiding judge.

He would also like to know what the statutory circumstance was and what laws and regulations were followed.

It is possible to make a judgment without following the relevant provisions of the Criminal Procedure Law.

…

Su Bai looked directly at Jiang Feng on the judgment table.

Jiang Feng on the trial stage this time was facing Su Bai's continuous questioning, his expression was calm.

He was not unaware of the points put forward by Su Bai.

Regarding Su Bai's identity, he is the top criminal lawyer in the country.

It has a very high reputation in the field of short videos.

And the winning rate is extremely high, and he has corrected many unjust, false and wrongful cases.

This is also the reason why Jiang Feng went around in such a big circle at the beginning of this trial, and then made a judgment.

Although in the trial just now, in some cases, certain procedures were violated.

But these procedures, in the case of supervision, are "lawful".

It doesn't have much of an impact on him.

This is also the reason why in this trial, he will make a judgment according to the legal situation.

What is the most critical issue in this case?

How can the verdict not affect the presiding judge?

The most critical issue is the evidence provided by Su Bai to prove that Wu Yan's confession is illegal evidence.

First of all, he does have the right not to admit evidence.

Second, if such evidence is not admitted, it will not be punished.

To put it bluntly -

Starting from Su Bai's statement just now, it is nothing more than that there is no objective factual evidence that can confirm Xia Mingyuan's crime.

and submitted evidence to prove from the side that Xia Mingyuan did not commit a crime and that Wu Yan and others had false confessions.

But what do you think about it from the perspective of the presiding judge?

He is tendentious, so how should this case be decided?

First, the evidence is excluded.

An unidentified, and it is evidence that proves that Wu Hao and others have false confessions.

Is there a reason for him not to do so?

Yes!

Why?

Because is it possible that this evidence was forged by Xia Mingyuan's lawyer?

It's possible!

So is it possible not to adopt?

Indeed, he could have waited for the appraisal after the trial and then adopted it.

But does he have the right not to adopt it outright?

There is a right!

Was there any malfeasance on his part in the process?

Not really.

…

The second point is that the confessions of Wu Yan and others are now authentic, valid and true.

It is also very reasonable to take a confession.

It is a "reasonable" situation to consider the relevant legal situation from the perspective of the injured party for such inadmissible evidence.

At least from the perspective of the presiding judge and the perspective of supervision, it is "reasonable".

There may be certain problems with the procedure, but at most there is a "conversation", not even a punishment.

Not to mention the cases of arbitrary judgments.

After all, in some cases, judges need to pursue "outcome justice" and ignore certain procedural justice.

Even if it is on the Internet and public opinion is loud, there is no problem with his own verdict, from the perspective of the judge.

So what impact can it have on yourself?

Jiang Feng also knew in his heart that there was something wrong with the verdict this time.

However, if the appellant is unable to produce relevant evidence, it is not a case of "false accusation".

Moreover, Su Bai's most important statement is to rely on evidence in accordance with Article 55 and not to believe confessions.

Judgments should be made on the basis of objective facts.

Truth be told, every presiding judge has a different view on this point.

Failure to impose a judgment in accordance with this law does not affect the outcome of the sentence at all and does not constitute any other criminal act.

For example, forcibly having sex against a woman's will.

To some extent, the determination of this crime is mainly based on confessions.

Indecency and harassment are also mainly based on women's confessions.

In some cases, it is true that heavy evidence is required, but what is the definition of "gullible"?

The right to define is reflected in the relevant context.

Is a confession evidence?

It is certainly evidence, and in some ways, direct evidence.

Therefore, no matter from which point of view, in his opinion, the rejection of Su Bai's litigation claim is reasonable and justified.

For Su Bai, a top lawyer in the country and a lawyer with his own topic traffic, Jiang Feng considered it comprehensively.

Although there may be certain circumstances in this trial, such as setting off public opinion on the Internet or attracting censorship.

But after all, the victim is a minor ....

Consider public opinion.

In the judgment, as long as the relevant points are clarified, then there is no big problem.

Let's be honest .... Jiang Feng is for this kind of situation where the country's top criminal lawyer and his own traffic topic.

How to say.... There are also certain concerns.

But for now.... On the defence side, there is a situation that is "tenable".

In this case, there is a certain bias, but not too outrageous ....

Even if Su Bai submitted it for supervision and review, then he didn't worry about any problems at all.

Because from another point of view, in fact, most of the unjust, false and wrongly decided cases exist in the case filing and prosecution.

There are many situations in which the verdict applies, and he is biased in his heart.

But in this trial, he is not worried that a top lawyer like Su Bai will have any impact on him.

Regarding the content of Su Bai's question, Jiang Feng replied:

"It is based on the victim's confession and the situation of the minor."

"At the time of judgment just now, the relevant scenario has been stated very clearly."

"The appellant's lawyer considered the issue from the appellant's point of view, but did not consider the issue from the victim's point of view."

"If you put yourself in the victim's shoes, especially if you are a minor.... It is quite possible to cause this situation. ”

"And Xia Mingyuan's answer just now is already very clear, what he said is possible."

"In this case, can't he take into account the relationship between teacher and student?"

"From a normal person's point of view, would there be too much physical contact with students?"

"That's the legal scenario I've just stated."

"In criminal proceedings, it is also stipulated how to resolve this situation."

"If the appellant's lawyer has other questions, they can be discussed after the trial."

"But in this trial, the collegial panel will only give this one explanation, and will not give another interpretation."

Knock knock!

The hammer rang out, and the sound was heavy, and it spread throughout the courtroom.

"That's it!"

"The trial continues!"

Jiang Feng was very dissatisfied with Su Bai's behavior just now, so he directly expressed his decision this time and no longer discussed it.

It's just that....

If this trial is so decided, then the verdict of the first instance will still be upheld.

The sentence is not increased on appeal.

There is no new factual evidence or charges.

Then the second instance of appeal has no substantial impact on Xia Mingyuan's sentence.

In this case, how much legal rights and interests Su Bai can fight for the client must be more.

Ignoring the presiding judge's obstruction, Su Bai continued to speak:

"If the presiding judge only makes a statement according to the legal scenario just now."

"Then there is indeed the possibility of such a legal scenario."

"However, we still insist on making a judgment based on the evidence and the law."

"Otherwise, we have the right to retry and appeal in accordance with the law."

What does this mean?

Filed for review?

Jiang Feng really didn't worry too much about this, and didn't pay attention to Su Bai's statement.

Continue to speak: "The trial continues. ”

"Now that the verdict on the parties has been completed, please begin the court case."

"The appellant may refuse to make a statement in court if he does not want to make a statement in court."

"But it can't interfere with the order of the trial."

"Otherwise, as the presiding judge, I have the right to expel you from the courtroom."

When saying this, Jiang Feng also asked the bailiffs in the trial to pay attention to Su Bai.

If Su Bai had any disregard for obstruction, he would be taken away from the trial by the bailiff.

For this case ....

Su Bai smiled, this is the right of the presiding judge in the trial....

Refuse to open the client's mouth.

If there is an opening, let the bailiff take him away from the trial scene.

If it causes a mess, or makes a big fuss, it may even be charged with disrupting the order of the trial and interfering with the judicial process.

OK, OK....

That's enough.

…

The trial is still going on, and everyone in the courtroom is clear in their hearts.

This time, the verdict of the second instance will definitely uphold the original verdict of the first instance.

On the side, Li Xuezhen said indignantly:

"Lawyer Su.... The presiding judge of this trial is too targeted, right? ”

"Don't let people speak!"

"What does that mean?"

Su Bai exhaled lightly: "Wait first...."

…

This time, the prosecution's statement was very simple, and it was based on objective facts.

The statement of the victim's side, Wang Qin, was also from the perspective of the victim's minority.

and the victim's confession and Xia Mingyuan's identity as a division commander, and the accusation of guilt.

How to say it....

Wang Qin, as the lawyer on the victim's side, did not expect this to happen in this trial.

Although the opposing lawyer's lawyer slapped the table, it did not have the slightest impact on the outcome of the trial.

She didn't think about it either.... As a criminal lawyer in a small town, he was able to win a lawsuit against the top criminal lawyer in the country.

Really.... The right to judge is greater than the right to defend, and the best plea is to impress the presiding judge's statement.

Wang Qin silently recited in her heart and ended the court statement this time.

In the courtroom, after Wang Qin finished his statement, Jiang Feng began to let Su Bai make a statement in court.

His eyes fell on Su Bai, and Jiang Feng spoke:

"Appellant, do you need to make a court statement?"

Statement?

Although the outcome of the verdict is generally known, this court statement can be omitted.

However, the attitude that should be made clear still needs to be stated.

Regarding the court statement, Su Bai directly stated: "We need a court statement. ”

"Let's get started."

"Okay."

"In this trial, our statements have been based on legal interpretations and criminal proceedings, as well as relevant factual evidence, to defend our client."

"But in this trial, I expressed my attitude from the victim's side and the collegial panel."

"I have not seen any judgment based on the Criminal Procedure Law or objective facts."

"I don't know what kind of verdict the collegial panel will make this time."

"But I'm well aware ...."

"Based on the fact that the judgments made by the collegial panel and the questions and opinions expressed by the collegial panel at the trial are not based on the fairness of the law."

"So I would like to ask the presiding judge and the two judges of this trial."

"If you only follow the legal situation and pursue outcome justice instead of procedural justice, then if you really make a judgment of unjust, false and wrongful convictions."

"What to do?"

"I know that the judgment just now has made it clear that our party may have to be sentenced to uphold the original judgment of the first instance."

"Although it is said that the collegial panel has made the relevant judgments and judgments."

"But for this case, from my personal point of view and as my client's lawyer."

"I think, both from the point of view of the law and from the point of view of objective facts."

"This kind of judgment is very unreasonable."

"I protest against this, and our client will not sign the guilty plea."

"We will file a request for a retrial with the High Court."

"That's all my statements and summaries of this trial!"

After speaking.

Su Bai didn't wait for Jiang Feng to react on the trial bench, got up and left the appellant's seat!

He has made it very clear just now, protest!

The verdict has been decided, so what's the point of staying in the court and waiting for the verdict?

Watching Su Bai walk out of the trial, Li Xuezhen followed Su Bai out of the trial scene with a serious face.

On the court court.

Jiang Feng smiled after seeing Su Bai's back.

Even if Su Bai put forward this trial, what is the point of various views?

Objective facts have been emphasized.

But what is wrong with such cases of harassment and indecency according to confessions?

In his opinion, Su Bai did not continue to fight for the legal rights and interests of his client.

But in the court of trial, he nakedly expressed his dissatisfaction with this trial and that he did not make a judgment in accordance with the law.

It doesn't make any sense.

Regarding Su Bai's approach, Jiang Feng's expression was calm.

The outcome of the trial was not announced in court.

Instead, they chose to close the court.

Within the prescribed time, the parties shall be notified of the verdict and the outcome of the hearing.

He waited for Su Bai to submit it for supervision and review.

He believed that the results of the review would definitely not be the same as Su Bai imagined.

…

Get out of the courthouse.

Su Bai took a deep breath and looked up at the sky.

The clouds are thick, and there is a faint tendency to want to rain.

"Let's go and submit it for supervision and review first."

"Oh, okay lawyer Su!"

Xiao Li's expression was serious.

…

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