Chapter 515: Taking Advantage of Loopholes and Exercising Coercive Behavior! It's all a trick!
Chapter 506: Taking Advantage of Loopholes and Exercising Coercive Behavior! It's all a trick!
Guan Yuandong is entangled not only with the fact that the above will be angry, but also with another point, that is, in this case.
In the first instance, he personally greeted the Intermediate People's Court and sentenced him to six months in prison.
If the High Court rejects the judgment of the first instance, then the Intermediate People's Court will obviously have certain opinions.
Whether it is Su Bai's influence, or the pressure from above, or the opinion of the Intermediate Court.
These points made Guan Yuandong very entangled, and he didn't come up with an effective way.
After all.... From the above three points, there is a lot of pressure.
If the judgment is made according to the normal and the original judgment of the first instance is not upheld, then it will affect the above, and it will also lead to opinions from the intermediate court.
However, if the judgment is based on abnormal circumstances and the original judgment of the first instance is upheld, then in this case, it can be regarded as a par with Zhang Hongtao's entrusted lawyer, Su Bai.
Originally, they did not occupy any legal principles in this case, and they were reasonable.
If this matter is big, then it will have a great negative impact on them.
This is something that Kanto cannot afford.
So in the face of these problems, how to solve these problems made Guan Yuandong feel an abnormal headache.
Xiao Shan, who was standing on the side, saw that Guan Yuandong was entangled, so he spoke:
"So far, this Su Bai has basically violated laws and regulations in the trial, and if he is caught, it will have serious consequences."
"As far as our high court is concerned, if we want to uphold the verdict of the first instance, it will definitely not work."
"After all, if something really makes a big fuss, then it will have a very bad impact on Dean Guan and you, and there may even be a certain amount of dereliction of duty."
Hearing Xiao Shan's opening, Guan Yuandong had an even more headache, this was what he was worried about!
But now, this is the situation he has to face.
Guan Yuandong looked up at Xiao Shan: "Then what do you say should be done?" ”
Xiao Shan saw the opportunity and hurriedly spoke:
"Dean Guan, my idea is that our High Court will definitely not be able to uphold the verdict of the first instance in this case."
"At least at the current stage of acceptance, it is not possible to directly uphold the verdict of the first instance."
"Of course.... It is also impossible to dismiss the case, as there is no formal reason for the inadmissibility procedure. ”
Guan Yuandong frowned slightly: "What does it mean that the verdict of the first instance cannot be upheld at the current acceptance stage?" To put it bluntly. ”
Xiao Shan hurriedly spoke:
"That's the case, Dean Guan."
"I think we can completely throw the pot to other departments and directly push this case to the prosecution department."
"There is no problem that the procuratorate has the responsibility to review the evidence of the criminal suspect."
"Let's not accept this second-instance case for the time being, so we don't accept this second-instance case because the current evidence is not enough to convict Zhang Hongtao, so that we will not throw the problem to the procuratorial department?"
"We're doing this for a lot of good reasons."
"First, we can have an explanation to the above, and second, we can avoid the impact of Zhang Hongtao's entrusted lawyer, let's go through legal and compliant procedures and put our own problems aside, then we won't be able to find us when the time comes."
"The third point is also very simple, if the procuratorial department does not have substantive evidence to prove that Zhang Hongtao has committed a crime, we will reject the original verdict of not guilty in the first instance."
"If there is substantial evidence and a complete chain of evidence is formed, then how to solve this matter will be clearer and clearer, and we can start with this point to judge Zhang Hongtao guilty."
"There is substantial evidence, even if Zhang Hongtao's entrusted lawyer has a big background and great energy, he can form a big public opinion on the Internet."
"But we occupy the side of the legal principle, as long as we clarify it online at that time, or show that we are in accordance with the procedures to carry out legal and compliant behavior."
"It shows that Zhang Hongtao does have violations of rules and disciplines, isn't it?"
"You must know that there are certain bad filters for the presiding judge and the judge on the Internet."
"If we really have substantial evidence to prove Zhang Hongtao's guilt, no matter who his client is."
"None of them can affect the outcome of our verdict."
"Even on the other hand, when the time comes, it will be the entrusted lawyer of Zhang Hongtao who will be the traffic."
"So I think the best way at the moment is to hand over the pot and the problem to the prosecution."
After hearing Xiao Shan's such an orderly statement, Guan Yuandong showed a relieved smile on his face, nodded slightly, and expressed his recognition of Xiao Shan.
"Hmm!"
"Doing this, obviously, is beneficial to us and harmless, it will not create any other bad influences, nor will it affect the final verdict, this method is good, this case, just follow what you said!"
"Let the prosecutor department in charge of this case handle this case and throw the pot to them, we won't carry this pot!"
After Guan Yuandong found a solution, he smiled from ear to ear, and hurriedly asked Xiao Shan to do this matter.
After Xiao Shan heard Guan Yuandong's words, he also took a long breath, the reason why he helped Guan Yuandong come up with such a solution, a solution.
In fact, part of the purpose is also to help himself.
Because this case was tried by him, if he didn't get it right, it would have a huge impact and bury his own future.
In this case, to find a way to solve this matter, you must offend one of the parties.
Since one of them must be offended, then it must be the weaker party that is offended.
The procuratorial department has already had a certain disagreement with the court, and if they throw the problem to the procuratorial department at this time, it will undoubtedly be the best outcome for them.
Receiving Guan Yuandong's affirmation, Xiao Shan walked out of the office with a smile, and silently recited in his heart:
"This solution, there is an explanation to the above, and I will not cause any loss because of the unfair punishment."
"As for the prosecution department.... It's not once or twice that they have had an opinion on the court, and it's okay to have it this time, so let them continue to have an opinion. ”
"Anyway, it won't have much impact on me, if the matter is messed up, just push the matter to the procuratorate, and also clear the responsibility."
Thinking of this, the smile on Xiao Shan's face became a little heavier.
.
….
On the other hand, in Baijun Law Firm, Su Bai was also notified by the Provincial High Court of the progress of the case.
The Provincial High Court informed that the case had been accepted and investigated by the Provincial High Court.
However, at present, the Provincial High Court believes that there are certain omissions in the evidence and facts of the crime in this case.
So.... For the time being, the trial will not be held, but will be handed over to the procuratorial department to continue to review Zhang Hongtao's criminal acts.
For this approach of the court, this is something that Su Bai never expected.
On the side, Li Xuezhen obviously didn't understand this approach, and said in confusion:
"Lawyer Su.... This case is a very simple case, and all the current criminal links and confession facts are very clear. ”
"Why do you have to let the prosecution department continue to supplement the corresponding evidence?"
"In this case, the court can directly announce the acquittal, after all, there is nothing else to add in all links."
"If you want to add, unless Zhang Hongtao is asked to change his confession, but Zhang Hongtao has already stated the facts very clearly, do you still want Zhang Hongtao to admit that he has committed a perverse judgment?"
"This is completely unreasonable!"
Is this move by the Provincial High Court to delay the time of the trial, or is it to specifically punish Zhang Hongtao's crime and let the procuratorial department continue to "investigate and investigate"? ”
For the question asked by Li Xuezhen, Su Bai smiled.
In this case, it is completely unreasonable for the procuratorial department to conduct a supplementary investigation into Zhang Hongtao's criminal acts.
But from another point of view, behind every unreasonable, there is a potential reason that cannot be refused.
In fact, there is a certain amount of truth in the questions asked by Li Xuezhen.
But!
These are not the reasons why the Provincial High Court asked the prosecution department to continue to supplement the investigation.
Why?
Because at present, there is already the evidence that should be there, the facts of the crime that should be there, and the confession that should be made.
Let the prosecution department supplement, what else to add?
There is simply nothing to add!
Therefore, this practice of the Provincial High Court is obviously unreasonable and does not conform to normal logic.
Then the reason why it cannot be refused is very obvious, that is, there must be people in the High Court who want to judge Zhang Hongtao guilty, but they dare not express it directly.
Because he, a nationally renowned sex lawyer, is entrusted here, if he is really afraid that Zhang Hongtao will be guilty, the court also knows that when the verdict is down, he will definitely not be able to escape scrutiny.
By that time .... If you catch fire in your butt, you're in big trouble.
However, if they reject the judgment of the first instance, there is no good reason for interpretation for the above and for the court of first instance.
Therefore, the only option is to temporarily reject and accept it, and let the procuratorial department make a supplement.
If the prosecution department can make this addition, then how it should be judged.
However, if the prosecution department is unable to make this addition, it is not the responsibility of the court.
What does this amount to?
This is equivalent to letting the supervision department bear the pressure from above.
I want the prosecutorial department to carry the black pot.
Su Bai spoke: "The Provincial High Court's approach is to clear itself of responsibility. ”
"The court is not to blame for re-examining this case to the prosecution, regardless of the final verdict."
"But then again.... If the people behind this case were only provincial representatives, they might not have had that much influence on the courts and prosecutors. ”
"There must be a significant, complex relationship among them."
"This case is probably also a relatively troublesome case."
Hearing the complicated relationship, Li Xuezhen's eyes lit up.
What does a complex relationship mean?
The complicated relationship shows that after the case is over, there will be many people sent in!
Beautiful!
Li Xuezhen's mood was all shown on her face, Su Bai saw Li Xuezhen's small expression, smiled and said:
"This case.... So far, we don't know too well what the result of the second instance will be. ”
"If the prosecution department thinks that there is insufficient evidence in this case and withdraws the prosecution, it will not involve so many people and so many relationships."
"So in the end, you may not be able to send a lot of people."
Hearing this, Xiao Li's eyes instantly dimmed, if this is really the case, wouldn't it be a lot less fun?
But then Li Xuezhen took a long breath and adjusted her state, if the prosecution department really withdrew the case.
Then the case was quickly resolved, and the client's claim was completed.
That's a good result!
Now, we just need to wait for the results of the follow-up investigation of this case by the prosecution department!
Either way, it's a good result for her.
But.... Li Xuezhen's mind suddenly appeared that the procuratorial department would have a headache and how to deal with this case.
In this case, the court directly threw the blame to the prosecution department.
Then it is the responsibility of the prosecution department.
The opinion of the prosecution and how to resolve the case is also an important issue.
"I guess it's going to be a headache."
Li Xuezhen thought silently in her heart.
In fact, the court asked the prosecution department to supplement the relevant evidence, which made the prosecution department really headache.
Because as it stands, there is no other evidence to add.
The evidence for this supplement has already been supplemented, what else can be added?
Iron-like facts of supplementation?
But there are no ironclad facts in this case.
How to replenish? Void fabrication?
Isn't the fabrication of false evidence a very serious situation.
Let's be honest .... No one dares to take such a big risk, after all, the court has taken into account Su Bai's influence, and the prosecution department must also take this into account.
No one would falsify evidence at great risk.
"The people in this court department really owe the hammer! Leave the problem directly to us! ”
Within the prosecution department, there were complaints.
But the problem is handed over to them, and they need to solve it, after all, the current pressure is still very high.
In the office of the director of the procuratorial department, Qin Xiao, who was in charge of this case, called the leader of the procuratorial team.
"At present, regarding Zhang Hongtao's case, the court has thrown the question to us."
"Our side is under tremendous pressure, what do you think of Zhang Hongtao's case?"
Hearing Qin Xiao's inquiry, the leader of the team in charge of the case spoke straightforwardly:
"This case is very clear at present, and Zhang Hongtao is in a range where it can be judged or not."
"In this case, Zhang Hongtao can be found guilty, and Zhang Hongtao can also be found not guilty."
"The court did not dare to make a judgment because the court was worried that Zhang Hongtao's lawyer would make a big deal about this matter, forming a certain reversal."
"The court asked us to supplement the evidence, and we will supplement one confession at most."
"It's easy to say about confessions.... Find a few friends of Zhang Hongtao and ask them to persuade Zhang Hongtao to confess. ”
"It's not interesting to be deadlocked all the time....I think in this case, Zhang Hongtao can't escape the result of punishment in the end."
"But what if Zhang Hongtao doesn't admit his guilt?"
Faced with Qin Xiao's question, the team leader answered very neatly.
"If you don't admit your guilt, it's easy to settle."
"Zhang Hongtao has only been sentenced to six months, and if he does not agree to admit his guilt, we will detain him for one year on the grounds that we are supplementing the investigation evidence!"
"Which one is more important, he should also know very well in his heart!"
"He also knows that we can do this in accordance with the provisions of the law and the process of the law."
"Admitting guilt or not admitting guilt, whether it is better to admit guilt or not admit guilt, Zhang Hongtao should know very well in his heart, rest assured, he will definitely admit his guilt!"
Hearing this answer, Qin Xiao nodded with satisfaction:
"Okay, then do as you say."
Waiting for the group leader to leave the office, Qin Xiao exhaled.
Originally, he thought it was a big problem.... But now, the matter is settled.
The sentence is only six months in prison, and if you don't agree, you will be imprisoned for one year.
This should .... No one would disagree, would they?
…..
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(End of chapter)