Chapter 516: This kind of practice, you have to send it all to him!
Chapter 507: This kind of practice, you have to send it all to him!
Qin Xiao knew very well in his heart that this was the pot that the court threw at their procuratorate.
They have to take care of this pot.
Otherwise.... It will make them all in trouble, and they can't get rid of it.
They have already considered what the court has considered.
It is nothing more than the pressure from above, the influence of public opinion, and Zhang Hongtao's entrusted lawyer.
For them, the easiest trouble to deal with and solve is only Zhang Hongtao's entrusted lawyer, Su Bai.
On the court's side, it is indeed difficult to uphold the original verdict of the first instance.
But in some ways, it's not easy for the courts to deal with, and it's much easier for them to deal with it.
After all, the authority is different.
The courts only have the right to adjudicate judgments, but they have the right to review.
The length of the review is expressly stipulated in the law.
But....
The current situation is that the first-instance verdict has been made, and it stands to reason that Zhang Hongtao should be allowed to serve his sentence.
Zhang Hongtao was dissatisfied with the first-instance judgment and appealed.
As a result of the appeal, the court asked them to review and supplement the evidence.
In between, there is a long period of time for additional evidence.
As long as he is a little willful, then he can completely let Zhang Hongtao be censored for a year!
Zhang Hongtao was originally sentenced to six months in prison and was examined for one year, which is more serious, he should be very clear in his heart.
After all, a one-year prison sentence is much longer than a six-month prison sentence.
Although the law clearly stipulates that it is not possible to be detained for that long.
However, they will always get stuck with card bugs, so they can't get a few more bugs and a few rubbing edges, then this problem will be solved.
This thing....
Zhang Hongtao pleaded guilty and accepted punishment, and this matter was much easier to handle.
If he doesn't admit guilt and accept punishment, then force him to admit guilt and accept punishment!
Qin Xiao thought silently in his heart, and had a definite idea of the case involved in Zhang Hongtao.
.
….
On the other side, Xu Mingyuan, the leader of the procuratorial review team in charge of Zhang Hongtao's case, was arraigning Zhang Hongtao in the review room of the detention center.
Xu Mingyuan sat in the examination room, looking at Zhang Hongtao with a flat gaze.
"Zhang Hongtao.... Your case is currently appealed to the High Court for the second instance, and the High Court is currently asking our prosecutorial department to supplement the evidence on the grounds of insufficient evidence. ”
"You also know this case, and the pressure on our prosecution department is also very great."
"You did have a certain inclination when you tried that case, you should know this in your heart, right?"
"We've been dealing with each other for so long."
"Plead guilty and accept punishment."
"As long as you plead guilty and accept punishment, then I will find a way to reduce your criminal punishment and strive for a suspended sentence, what do you think?"
Xu Mingyuan knocked on the table, his eyes fixed on Zhang Hongtao.
He hoped that Zhang Hongtao would agree to this condition.
But he also knew in his heart that Zhang Hongtao could not agree to this condition at the beginning.
He has a lot of patience for this matter.
Now I am waiting for Zhang Hongtao's attitude.
Faced with Xu Mingyuan's conditions, Zhang Hongtao said with a calm expression: "I don't accept it." ”
"There's no way I'm going to accept that either."
"Prosecutor Xu, you are also very clear about this case, after all, I was investigated from the beginning of this case, and you followed up on this case."
"I know that you are under pressure in this case, because the identity of the defendant is relatively special, the background is relatively large, and the relationship involved is also very complicated."
"But you should know very well in your heart that although I have a certain inclination, my verdicts are all within the scope of the law."
"I didn't have any malfeasance!"
"You have pressure, but I am facing being wronged and accused of being a judge who has violated the law and discipline, so I have no pressure?"
"Besides."
"If you have facts, evidence, or any clues about my violations of law and discipline, and judge me, no matter how heavy the punishment is, I will accept this result."
"But let me admit the false accusation, I firmly disagree with this!"
Faced with Xu Mingyuan's conditions, Zhang Hongtao refused very simply.
He was tendentious in his sentencing, he admitted.
But.
When he made a judgment, he had a legal basis, and there was no dereliction of duty at all!
The other party insisted that he had committed dereliction of duty, which was completely unacceptable to him.
What Xu Mingyuan said now is very good, and what he said is that he will be given a suspended sentence and the criminal punishment will be reduced.
But if there is a normal review, he is completely innocent of criminal behavior!
One is to reduce the criminal penalty but carry a criminal record.
But the other is the complete absence of criminal acts.
Which of these two is more important, Zhang Hongtao knows very well in his heart, and of course he prefers the latter.
In this case, Zhang Hongtao must directly reject Xu Mingyuan's suggestion.
After hearing that Zhang Hongtao rejected his proposal, Xu Mingyuan smiled and didn't take it too seriously.
Continue to speak: "Zhang Hongtao, I know you are very aggrieved in your heart. ”
"But it's not much use for you to be wronged, this case, the people involved, no matter who they are, are under tremendous pressure."
"A lot of us are under pressure from above to pay attention to this case, and now it's not just one person but a group of people involved."
"If you don't handle this case well, then many people will be affected, and it will be greatly affected."
"I'll give you an account here."
"In this case, if you plead guilty and accept punishment, then the court will most likely sentence you to a suspended sentence."
"But if you refuse to plead guilty, we will follow the normal process of review, which will take about a year."
"The review can take much longer than the time you will be punished."
"I think it's better for you to think about it carefully if you admit guilt or not."
"Don't just say that you refuse to admit your guilt, the situation of not admitting guilt is very serious."
Facing Xu Mingyuan's opening, Zhang Hongtao frowned, is this a threat to him?
The meaning of Xu Mingyuan's words is obvious, he pleaded guilty and accepted punishment, this case has been explained to many people, and the court can give him a suspended sentence when punishing him.
In turn, if he does not admit guilt and accept punishment, he will cause trouble for these people, and the court can sentence him without violating the rules.
However, the prosecutor may impose an actual sentence on him on the grounds of investigating supplementary evidence.
After the fact, if it really can't be delayed, will you give some symbolic compensation costs?
This routine....
To tell the truth, Zhang Hongtao knows very well in his heart that he will not let go and will not admit guilt and accept punishment.
It is highly likely that the other party will do so.
And!
The procuratorate supplemented the evidence, legal and compliant, even if this matter was brought to the fore and put on the Internet, it would not be able to find any problems.
It's for him to do a multiple-choice question.
If you choose to admit guilt and accept punishment and take a suspended sentence, if you don't choose to admit guilt and accept punishment, then you will stay in the detention center for one year.
After thinking for a long time, Zhang Hongtao raised his head and looked at Xu Mingyuan calmly.
"I repeat, I have no dereliction of duty, no arbitrary judgment, even if the investigation takes a long time, I am willing to wait."
"I believe that the law will definitely give me a fair and just verdict in the end!"
Zhang Hongtao knew very well in his heart that if he pleaded guilty and accepted punishment, then the fact that he committed the crime would be confirmed.
Even if he stayed in the detention center for a year, he would have been acquitted by then.
If you don't admit guilt and accept punishment now, you just stay for a year, but once you admit your guilt, the stain will be with you for life!
For Zhang Hongtao, the former is obviously more acceptable.
Xu Mingyuan was not surprised by Zhang Hongtao's choice, but he was just about to continue to persuade.
was interrupted by Zhang Hongtao: "I have already made it very clear. ”
"I believe the law will give me a clean slate."
"No matter how long I wait, I will wait, not to mention a year, I can wait for three years."
"But can you detain me for three years in this case?"
"I don't want to say more about the rest, my lawyer will be solely responsible for my case."
After speaking, Zhang Hongtao did not continue to speak.
Xu Mingyuan frowned slightly, Zhang Hongtao's choice was undoubtedly a bad result for him.
Zhang Hongtao is counting on his lawyer to intervene in this case?
However, during the review of the supplementary evidence, even Zhang Hongtao's lawyer has a decisive energy in the legal circle, and as long as they abide by the legal rules, they can still solve this matter.
As for public opinion .... Public opinion can influence the legal process of violating the law, but it cannot influence the normal legal process.
Can you count on the lawyer at Bai Jun Law Firm? Not so much in his opinion!
Xu Mingyuan spoke: "It doesn't matter if you refuse now." ”
"But I'll give you a heads-up here."
"If you expect your lawyer to be able to influence the legal process, you know that it is completely impossible."
"If you refuse to admit guilt and accept punishment, you have to think clearly about the consequences you face."
"Of course, during our investigation and review, if you are willing to plead guilty and accept punishment, then the conditions I prescribed before will still count."
"Think for yourself."
Zhang Hongtao directly rejected Xu Mingyuan: "I don't have to think about it, I want to see my entrusted lawyer." ”
Xu Mingyuan frowned even more, didn't say a word, and left the review room.
After Xu Mingyuan left, Zhang Hongtao exhaled a long breath, as a judge, he also knew what he would face.
The next year.... It's really possible that he's been detained in the detention center all along.
But.... That's only about a year.
He can afford to wait!
On the other side, Su Bai, who was in Baijun Law Firm, was originally waiting for the prosecution department to give an explanation.
Waiting for the final results of the investigation.
Both of these are acceptable points of dismissal or continued appeal.
But it was Zhang Hongtao who was waiting for him, and he wanted to see him.
This is very strange, because Su Bai and Zhang Hongtao have communicated before.
The two men believe that this case needs to wait for the corresponding results from the prosecution department, and then discuss how to proceed.
If you want to see him now, there must be some accident in the middle.
So, Li Xuezhen from Su Bai came to the Huishi Detention Center.
The staff of the detention center did not embarrass Su Bai, and after going through the normal process, in the summons room, Su Bai saw Zhang Hongtao.
Zhang Hongtao told Su Bai the general content of his conversation with Xu Mingyuan.
Su Bai frowned slightly after hearing the whole process.
"The prosecution department requires you to admit guilt and accept punishment and provide corresponding confessions, otherwise, will it continue to supplement the evidence in this case?"
"It could be up to a year?"
The period for supplementing evidence is up to six months.
If you request to continue to supplement the evidence, you must apply to the court at the next higher level for an extension.
According to Xu Mingyuan's statement, is this trying to delay for a year?
Zhang Hongtao nodded: "That's right." ”
"It's okay Lawyer Su, I can wait."
"They will delay for a year at most, and after a year I will be acquitted."
"This time, I called Lawyer Su over just to talk to Lawyer Su about this matter."
"I know that this kind of thing, Lawyer Su, you may not be able to handle it well, after all, these are all within the legal procedures."
“.….”
This time, Zhang Hongtao just wanted to talk to Su Bai about the matter.
After all.... His case was entrusted by Su Bai.
As a entrusted lawyer, Su Bai should know these things.
And Su Bai shook his head: "There is no problem with supplementing the evidence in accordance with the legal procedures." ”
"But your sentence is only six months, how long can you review the additional evidence?"
"In this process, it is completely possible to be released on bail pending trial."
"You can even be released on bail ahead of time now."
"Your case.... Leave the others alone and prepare to be released on bail pending trial. ”
"But... Bail pending trial, this also needs to be agreed, right? ”
To Zhang Hongtao's question, Su Bai nodded: "Yes, it is needed." ”
"But.... Bail is a legal obligation to do so. ”
"This is not a violation, and it is also within the scope of the corresponding law."
"You don't have to worry about this matter anymore....since the evidence is currently being supplemented, then I will apply for bail pending trial first."
"Since they are dragging it, then we can drag it on forever, and it won't affect you too much."
Zhang Hongtao nodded when he heard Su Bai's arrangement.
"I listen to Lawyer Su."
.
….
In the summons room of the detention center, Su Bai and Zhang Hongtao briefly analyzed and sorted out the case further.
Left the detention center.
This time I came to the detention center, and it was the second time that Su Bai came to the detention center.
According to the previous experience in handling cases, it is generally not necessary to visit the detention center to see your client multiple times.
But this case.... It's noticeably different.
To be honest, Su Bai did not expect that Xu Mingyuan would want to detain Zhang Hongtao for a long time on the grounds of supplementing evidence, so that Zhang Hongtao would admit his false criminal acts.
He originally thought that the prosecution department would most likely withdraw the case, or appeal to the High Court on the current situation.
And even more.... Falsification of evidence.
However, the possibility of falsifying evidence is extremely low.
From this point of view, Xu Mingyuan is still very methodical.
On the side, Li Xuezhen's face was serious: "Lawyer Su...."
"Xu Mingyuan's approach is already an act of persecution, right?"
"Let's go report him directly!"
Su Bai shook his head: "Without evidence, it is impossible to accept the report." ”
"Another point is that the current behavior of the other party does not have too many legal loopholes, and it is in accordance with the law."
"So.... In this case, we must first ensure the protection of the rights and interests of our client, and first release on bail pending trial. ”
"And then I'll talk about the rest."
Li Xuezhen nodded, but there was still some anger on her little face.
This practice of the other side .... It's obviously an act of coercing a confession!
This can't be caught, all sent to him?.
….
PS: Ask for a monthly pass~
(End of chapter)