You became a lawyer and sent the judge in? - Chapter 509
c506 Take advantage of loopholes and exercise coercion! This is all Yin
Guan Yuandong is not only struggling with the fact that his superiors will be angry, but also with another point, that is in this case.
In the first trial, he personally informed the Intermediate Court and ordered him to be sentenced to six months in prison.
If the High Court rejects the first-instance judgment, the Intermediate People’s Court will obviously have certain opinions.
Whether it was Su Bai’s influence, pressure from above, or the opinions of the Intermediate Court.
These points made Guan Yuandong very entangled and he couldn’t come up with an effective way.
After all… From the above three points, there is a lot of pressure.
If the case is judged according to normal circumstances and the original judgment of the first instance is not upheld, it will affect the higher authorities and lead to objections from the Intermediate People’s Court.
However, if the judgment is based on the abnormal situation and the original judgment of the first instance is upheld, then in this case, it will be considered as a confrontation with Zhang Hongtao’s attorney Su Baike.
Originally, they had no legal basis or reason for this case.
If this matter gets serious, it will have a great negative impact on them.
This is something Guan Yuandong cannot afford.
So in the face of these problems, how to solve them gave Guan Yuandong an unusual headache.
Xiao Shan, who was standing aside, saw Guan Yuandong struggling, so he said:
“So far, Su Bai has basically violated laws and regulations during the court trial, and if he is caught by him, it will have serious consequences.”
“As for the High Court, if we want to uphold the verdict of the first instance, it will definitely not be possible.”
“After all, if things really get serious, it will have a very bad impact on you, the director of the nursing home, and you may even be guilty of some dereliction of duty.”
Hearing Xiao Shan’s words, Guan Yuandong had an even greater headache. This was what he was worried about!
But looking at it now, this is a situation he has to face.
Guan Yuandong looked up at Xiao Shan: “Then what do you think we should do?”
Seeing the opportunity, Xiao Shan quickly spoke:
“President Guan, my opinion is that our High Court will definitely not be able to uphold the first-instance verdict in this case.”
“At least at the current acceptance stage, it is not possible to directly uphold the judgment of the first instance.”
“Of course…it is impossible not to accept this case because there is no formal reason to proceed with the inadmissibility process.”
Guan Yuandong frowned slightly: “What does it mean that the verdict of the first instance cannot be maintained at the current acceptance stage? Please make it clear.”
Xiao Shan quickly said:
“This is the kind of care director.”
“I think we can completely leave the blame to other departments and directly push this case to the prosecutorial department.”
“The prosecutorial department has the responsibility to prosecute and review evidence against criminal suspects, and there is no problem with this.”
“Let’s just say that the current evidence is not enough to convict Zhang Hongtao and temporarily not accept the second instance case. In this way, won’t we just leave the issue to the prosecutorial department?”
“There are a lot of benefits to what we’re doing.”
“Firstly, we can have an explanation to our superiors, and secondly, we can avoid the impact of Zhang Hongtao’s entrusted lawyer. If we follow legal and compliant procedures and put aside our own problems, we won’t be able to find him when the time comes. On our heads.”
“The third point is also very simple. If the prosecution department does not have substantive evidence to prove that Zhang Hongtao committed a criminal act, we will overturn the original verdict of first instance of not guilty.”
“With substantial evidence and a complete chain of evidence, it will be clearer how to resolve this matter. We can start from this point to convict Zhang Hongtao.”
“With substantial evidence, no matter how powerful and powerful Zhang Hongtao’s lawyer is, he can create a huge public opinion online.”
“But we occupy the side of legal principles. We only need to clarify it online when the time comes, or show that we are conducting legal and compliant actions in accordance with procedures.”
“Isn’t it enough to show that Zhang Hongtao has indeed violated regulations and disciplines?”
“You know, there are certain bad filters for presiding judges and judges on the Internet.”
“If we really have substantial evidence to prove Zhang Hongtao’s guilt, no matter who his client is.”
“It can’t affect our verdict.”
“Even on the other hand, the traffic will backfire on Zhang Hongtao’s attorney.”
“So I think the best way at the moment is to hand over the pot and the difficult problem to the prosecutorial department.”
After hearing Xiao Shan’s well-organized statement, Guan Yuandong showed a happy smile on his face and nodded slightly, expressing his approval of Xiao Shan.
“Um!”
“Doing this will obviously benefit us without any harm. It will not cause any other bad effects, nor will it affect the final verdict. This method is good. This case will be handled as you said!”
“Let the prosecutorial department responsible for this case handle this case and throw the blame to them. We will not bear the blame!”
After Guan Yuandong found the solution, he smiled from ear to ear and quickly asked Xiao Shan to handle the 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 and solution.
In fact, part of the purpose is to help himself.
Because this case was tried by him, if it was not handled well it would have a huge impact and ruin his own future.
In this case, if you want to find a way to solve the matter, you must offend one of the parties.
Since one party must be offended, it must be the weaker party who is offended.
The procuratorial department already had some problems with the court. If they throw the issue to the procuratorial department at this time, it will undoubtedly be the best outcome for them.
After receiving Guan Yuandong’s affirmation, Xiao Shan walked out of the office with a smile, thinking silently:
“This solution requires an explanation from above. Likewise, I will not cause any losses due to unfair penalties.”
“As for the prosecutorial department…it’s not just once or twice that they have objections to the court. It doesn’t matter if it happens more than once. Let them continue to have objections.”
“Anyway, it won’t have much impact on me. If things go wrong, I can just push the matter to the prosecutorial department, which also eliminates responsibility.”
Thinking of this, the smile on Xiao Shan’s face became a little heavier.
.
….
On the other side, in Bai Jun Law Firm, Su Bai also received notification from the Provincial High Court about the progress of this case.
The Provincial High Court informed that this case has 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 criminal facts of this case.
Therefore…the trial will not be held for the time being, but will be handed over to the prosecutor’s office to continue to review Zhang Hongtao’s criminal behavior.
Su Bai never expected this approach of the court.
On the side, Li Xuezhen obviously didn’t understand this approach and said in confusion:
“Lawyer Su… this case is a very simple one. All the criminal links and the confession facts are very clear so far.”
“Why do we still have to ask the prosecution department to continue to add corresponding evidence?”
“In this case, it would be enough for the court to just hold a hearing and declare a not guilty verdict. After all, there is nothing else to add in every aspect.”
“If you want to add something, unless you ask Zhang Hongtao to change his confession, but Zhang Hongtao has stated the facts very clearly, do you still have to ask Zhang Hongtao to admit that he committed a violation of the law?”
“This is completely unreasonable!”
“Is this action of the Provincial High Court to delay the trial, or is it to specifically punish Zhang Hongtao and allow the prosecution department to continue the “investigation”?”
Su Bai smiled at Li Xuezhen’s question.
This case makes it completely unreasonable for the prosecutor’s office to conduct a supplementary investigation into Zhang Hongtao’s criminal behavior.
But from another perspective, behind every unreasonable situation, there is a potential reason that cannot be rejected.
In fact, the questions asked by Li Xuezhen all have certain truths.
but!
These are not the reasons why the Provincial High Court asked the Procuratorate to continue the investigation.
Why do you say that?
Because the necessary evidence, the necessary criminal facts, and the necessary confessions are already available.
Let the prosecutorial department make supplements. What else should be added?
There is absolutely nothing to add!
Therefore, this approach taken by the Provincial High Court is obviously unreasonable and does not conform to normal logic.
The reason why we cannot refuse is very obvious, that is, there must be someone in the High Court who wants to convict Zhang Hongtao, but they dare not express it directly.
Because he, a nationally renowned lawyer, is entrusted here, if he is really afraid that Zhang Hongtao is guilty, the court also knows that when the verdict comes down, he will definitely not be able to escape scrutiny.
At that point… your butt is on fire and you’re in big trouble.
But if they reject the first-instance judgment, there will be no good explanation for the above or the first-instance court.
Therefore, the only option is to temporarily reject the case and let the prosecutorial department make a supplement.
If the prosecutorial department can make this supplement, then it will decide how to impose the sentence.
However, if the prosecutorial department cannot make this supplement, it is not the court’s responsibility.
What is this equivalent to?
This is equivalent to asking the supervision department to bear the pressure from above.
I want the prosecutorial department to take the blame.
Su Bai said: “This action of the Provincial High Court is to avoid its own responsibilities.”
“If this case is returned to the prosecutorial department for review, no matter what the final verdict is, the court cannot be blamed.”
“But having said that…if the people behind this case were just provincial representatives, they might not have such a big impact on the court and prosecutorial department.”
“There must be a major and complicated relationship among them.”
“This case is probably a relatively troublesome one.”
Li Xuezhen’s eyes lit up when she heard about the complicated relationship.
What does a complex relationship mean?
The complicated relationship shows that after this case is over, many people will be sent in!
So delicious!
Li Xuezhen’s mood was reflected on her face. Seeing Li Xuezhen’s expression, Su Bai smiled and said:
“This case…so far we don’t know quite what the verdict of the second instance will be.”
“If the prosecution department thinks that there is insufficient evidence in this case and withdraws the case, it will not involve so many people and relationships.”
“So in the end, we may not be able to send many people in.”
Hearing this, Xiao Li’s eyes dimmed instantly. If this was 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 dropped the case.
Then the case was settled quickly and the client’s litigation request was completed.
It’s also a good result!
Now, we just have to wait for the prosecutorial department’s follow-up investigation results on this case!
No matter which result it is, it is a good result for her.
However… Li Xuezhen suddenly had an image in Li Xuezhen’s mind that the prosecutorial department would have a headache on how to handle this case.
The court directly passed the blame for this case to the prosecutorial department.
Then it is the responsibility of the prosecutorial department.
The prosecutorial department’s views and how to resolve this case are also important issues.
“It’s probably going to be a headache.”
Li Xuezhen thought silently in her heart.
In fact, the court asked the prosecution department to supplement relevant evidence, which really caused a headache for the prosecution department.
Because based on the current situation, there is no other evidence to add.
The additional evidence has been added, what else should be added?
Adding hard facts?
But there are no hard facts in this case.
How to add? Void fabrication?
Isn’t it just fabricating false evidence? Forging false evidence is a very serious situation.
To be honest… no one dares to take such a big risk. After all, the court has taken Su Bai’s influence into consideration, and the prosecutorial department must also take this into consideration.
No one would fabricate evidence at great risk.
“The people in the court department really deserve it! They just handed the problem over to us!”
Within the prosecutorial department, some people were complaining.
But if the problem is handed over to them, they need to solve it. After all, the current pressure is still very high.
In the office of the director of the prosecution department, Qin Xiao, who was in charge of this case, called the leader of the prosecution team over.
“Currently regarding Zhang Hongtao’s case, the court has left the issue to us.”
“We are under tremendous pressure here. What do you think of Zhang Hongtao’s case?”
Upon hearing Qin Xiao’s inquiry, the team leader in charge of the case said bluntly:
“This case is now very clear. Zhang Hongtao is in a range where he can be sentenced 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 ruling because it was worried that Zhang Hongtao’s attorney would make the matter bigger, which would lead to a certain reversal.”
“The court asked us to supplement evidence, and the most we could do was add a confession.”
“It’s easy to make a confession… Just find some of Zhang Hongtao’s friends and ask them to persuade Zhang Hongtao to confess.”
“It’s pointless to remain in a stalemate… I think in this case, Zhang Hongtao will not be able to escape the punishment in the end.”
“But what if Zhang Hongtao doesn’t plead guilty?”
Faced with Qin Xiao’s question, the team leader answered very clearly and neatly.
“If you don’t plead guilty, it’s easy to resolve.”
“Zhang Hongtao was only sentenced to six months. If he does not agree to plead guilty, we will imprison him for one year on the grounds that we are supplementing the investigation evidence!”
“Which one is more important than the other, he should know very well in his heart!”
“He also knows that when we do this, we can completely comply with legal provisions and legal procedures.”
“Zhang Hongtao should know very well whether it is better to plead guilty or not to plead guilty. Don’t worry, he will definitely plead guilty!”
Upon hearing this answer, Qin Xiao nodded with satisfaction:
“Okay, then do as you say.”
When the team leader left the office, Qin Xiao took a long breath.
Originally he thought this was a big problem…but now it seems that this matter has been solved.
He is only sentenced to six months in prison. If he disagrees, he will be imprisoned for one year.
This should…no one would disagree, right?
…..
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