You became a lawyer and sent the judge in? - Chapter 512
c509 The verdict is not guilty, and there is a chance to give it away!
In Zhang Hongtao’s case, after Su Bai used his tactics, the trial process went relatively quickly.
Originally, the card got stuck during certain court hearings, and the process would not go through until the final deadline.
In other words, the process always says that the document is incorrect, the format of the document is wrong, and it needs to be rejected and refilled.
But now that all the means have been used, these no longer exist.
have to say.…
Sometimes, some unspoken rules and tricks need to be introduced.
Otherwise, if the other party uses some hidden rules and tricks, then our side will only suffer a loss.
And the food was still a big loss.
Just like Zhang Hongtao’s case, the other party’s bug fixation and use of the border-breaking regulations can completely extend the time for Zhang Hongtao’s investigation to supplement evidence to one year.
Is a year long?
It’s not that long to be honest.
In some criminal cases, additional evidence can take up to two to three years.
A year is not that long in comparison.
But what is the reality? The reality is that those cases where supplementary evidence lasted for several years are all major criminal cases, which may involve multiple lives or national criminal incidents.
The criminal suspect is given a severe sentence between death penalty and death penalty!
And what is Zhang Hongtao’s case?
Zhang Hongtao himself was sentenced to six months in prison.
It took one year to investigate and supplement evidence, which was far longer than the fixed-term prison sentence imposed on Zhang Hongtao in the first instance.
In this case, the other party certainly did not follow formal legal channels.
so.…
Su Bai also simply found some tricks and resorted to means to at least ensure that the other party would not use any edging behavior.
Facts have proved that the effect of this is obvious.
The court soon notified all parties of the specific court date.
The day of trial.
The Provincial High Court will conduct a court hearing on this case in accordance with the corresponding court hearing procedures and court dates.
At this court session, Xiao Shan had already made up his mind, that is, to declare Zhang Hongtao innocent, but to put pressure on the Intermediate People’s Court to expel him from office.
So this time at the court hearing, what Xiao Shan needs to do is very simple, that is, make a judgment according to the original plan.
Zhang Hongtao was found not guilty.
It is difficult to convict Zhang Hongtao, but it is very simple to convict Zhang Hongtao.
After the trial begins.
All parties take their seats.
As the presiding judge, Xiao Shan directly asked Su Bai to state the relevant litigation claims after completing various court proceedings.
“The appellant is requested to entrust a lawyer to state the appellant Zhang Hongtao’s claims.”
As the appellant’s attorney, Su Bai stated:
“Presiding judge, this time we will plead not guilty.”
“Our client, as the appellant, was found guilty of dereliction of duty and perversion of the law by the first instance.”
“We filed a second-instance lawsuit in accordance with the law.”
“The following is our defense of innocence.”
“In the judgment of the first instance, we believe that our client did not abuse the law and did not commit malfeasance in his duties.”
“The reason is that in the first-instance judgment, the most critical point in believing that our client made an illegal ruling is that our client had a certain tendency in the judgment.”
“Subjectively biased in favor of the plaintiff at the time.”
“But I would like to ask the prosecutor and presiding judge at the scene.”
“It’s normal to have subjective tendencies. It’s human nature.”
“After all, maybe the presiding judge also has a certain degree of subjectivity in this trial.”
“But if the judgments are made only within the scope of the law, then they are all reasonable judgments and normal judgments. There is no such thing as a wrongful judgment.”
“In addition, our client has explained many times which law and provisions he applied to make the judgment at that time.”
“At this point, there is evidence to prove it.”
“The judgment made by our client at the time was legal, reasonable and reasonable, and our client Zhang Hongtao did not meet the corresponding conditions for the crime of perverting the law in dereliction of duty.”
“based on above.…”
“We applied for the second instance to change our verdict to not guilty.”
Su Bai’s statement was relatively simple and clear. The general meaning was that Zhang Hongtao, as the party concerned, did not violate the law in making the judgment.
The contents of the judgment are reasonable and based on the law.
same.…
It also explains why Zhang Hongtao is biased.
Everyone has a tendency. Su Bai was also trying to win over the presiding judge’s preference in previous trials.
So from this point of view, the preference of the presiding judge and which side he prefers is a reasonable and normal situation.
As long as there is no transfer of interests, no violation of laws or regulations will be adjudicated.
Then it would not be considered malfeasance in the judgment.
After Su Bai finished stating the lawsuit application, Xu Mingyuan, as the public prosecutor, had already been greeted by Xiao Shan.
This time, as the prosecutor, he only needed to cooperate with Xiao Shan, the presiding judge, to push the trial forward.
There was no need to communicate too much with Su Bai at the trial, or there was no need to go out of his way to accuse Zhang Hongtao, the criminal suspect.
Xu Mingyuan only gave a detailed description of what Zhang Hongtao did during the trial.
He also believed that Zhang Hongtao’s behavior was inappropriate.
As for other aspects, there is not much statement.
The rest of the trial consisted of Xiao Shan, as the presiding judge, asking Zhang Hongtao some subjective thoughts and concepts.
The trial progressed very quickly.
No judgment was made during the questioning phase, and it was time for the court statement.
During this trial, it was obvious that neither the presiding judge nor the prosecutor was willing to convict Zhang Hongtao of this act.
Su Bai knew this very well in his heart, because he could detect this from the court hearing.
Of course, he also knew why the prosecutor and the presiding judge were unwilling to state Zhang Hongtao’s guilty behavior at the trial.
Because Zhang Hongtao’s behavior itself, strictly speaking, did not reach the level of dereliction of duty or violation of the law.
In this case, if the presiding judge and the prosecutor believe that Zhang Hongtao is guilty.
Then as Zhang Hongtao’s attorney, he can initiate a supervisory review!
This is also the reason why the presiding judge and the prosecutor avoided talking about Zhang Hongtao’s guilt during this trial.
Since there is such an approach, there is a great possibility and probability that Zhang Hongtao will be found innocent in this trial.
Therefore, during the court statement session, Su Bai did not make many statements, but objectively described some facts.
On the other side, when the prosecutor was making his statement, Xu Mingyuan directly gave up his statement.
In response, Xiao Shan, as the presiding judge, directly announced the end of the trial.
The gavel was struck and the verdict was announced.
“In this court hearing, the appellant Zhang Hongtao appealed, arguing that the Hui City Intermediate Court objected to the first-instance judgment of his client, which sentenced Zhang Hongtao to six months’ imprisonment for dereliction of duty.”
“Now the Guangzhou Higher Court has made a second-instance judgment on this case.”
“The verdict is as follows:”
“Reject the first instance verdict and change Zhang Hongtao’s verdict to not guilty!”
“….”
Xiao Shan announced the verdict very simply. Zhang Hongtao, who was sitting at the appellant’s seat, let out a sigh of relief after hearing the verdict.
After such a long time and all kinds of difficulties and ups and downs, he was finally acquitted!
Now that he has been declared not guilty, Zhang Hongtao has set his sights on the seat of the appellant’s attorney.
Looking at Su Bai, Zhang Hongtao’s eyes were filled with tears.
He was originally a court official with a sense of justice and a bright future.
Who would have thought that a normal legal judgment would be met with an unreasonable disaster?
But this happened to him, and he didn’t have any ability to resist.
For some ordinary people, facing this kind of thing, they might feel a kind of powerless and deep despair.
Or take the initiative to admit guilt and accept punishment, and accept your fate!
But the stubbornness in his bones prevented him from admitting guilt and accepting punishment. Now he has ushered in his own dawn.
call.…
Zhang Hongtao took a deep breath and announced his innocence in court, so he needed to be released in court.
After the presiding judge announced his innocence, the bailiff immediately released Zhang Hongtao from his control.
Zhang Hongtao walked to the seat of the appellant’s attorney and bowed deeply to Su Bai:
“Lawyer Su, thank you…”
“If it weren’t for you, Lawyer Su, I would have had to wait until the verdict was announced and I would be acquitted. It might have been at least two or three years.”
“Thank you, Lawyer Su.”
Zhang Hongtao bowed deeply to express his gratitude.
Su Bai helped Zhang Hongtao up and said with a smile: “This is what I should do.”
“This is in the court hearing. There is no need to say too much words of gratitude. Let’s go back and say it.”
“Well, okay Lawyer Su.”
Zhang Hongtao took a deep breath, adjusted his mood, and then glanced at the presiding judge Xiao Shan and the prosecutor Xu Mingyuan who were preparing to leave.
He knew very well that the reason why this case went through so many ups and downs was because the court and prosecutors had certain tendencies and partialities.
Especially Xiao Shan and Xu Mingyuan, one of them was the person who directly tried him, and the other was the person in charge of the case.
The roles they both played in his case were equivalent to persuading him to plead guilty and accept punishment.
Therefore, it is impossible to say that there is no resentment between these two people, but… Zhang Hongtao understands that this case will most likely end here.
Even if the two of them had shown some partiality before and tried to persuade him to plead guilty and accept punishment, they could only ignore it because there was no evidence.
Thinking of this, Zhang Hongtao couldn’t help but feel a little pity.
If people like this are not removed, it is likely to affect the local judicial environment.
To be honest, this is something that Zhang Hongtao, as a presiding judge and a relatively impartial presiding judge, cannot accept.
But judging from the current situation, even if he can’t accept it, it doesn’t seem to affect other people.
Case closed.
Baijun Law Firm.
Zhang Hongtao said hello to his family as soon as the case was over, and then hurried to Bai Jun Law Firm.
Find Su Bai to express his gratitude.
At the same time, he also expressed his thoughts after this case to Su Bai.
“The end of this case has proven that I have not committed any illegal or criminal acts. It is estimated that I will be able to return to my position as presiding judge after a while.”
“It can be considered that I can help a group of ordinary people to protect their rights and interests under the law.”
Generally speaking, public officials are fired for suspected criminal conduct.
However, if there is no suspicion of crime and it is confirmed that it was just a misunderstanding, then the establishment at that time will be restored.
Zhang Hongtao has a good idea. After this matter is over, he can return to his position.
Let’s help ordinary people preserve their legal claims.
Su Bai smiled and nodded: “Yes!”
“Mr. Zhang, it’s a good idea that you have.”
“It is difficult for ordinary people to protect their legal rights when facing some powerful people, some people with a background, or people who have a little knowledge of the law.”
“This…does indeed protect the legal rights and interests of ordinary people.”
“It’s a great thing.”
Zhang Hongtao nodded: “It is indeed a good thing…”
“It’s just a pity… Although my case is over, my innocence has been restored.”
“But the people who falsely accused me, the people who tried to persuade me, and the people who tried to convict me, these people didn’t have much influence.”
“They are in the judicial department and have completely affected the fairness and justice of the judicial department…”
“However…the other party did not commit any violations of laws or disciplines in my case. They should have had plans in advance.”
“This matter…I guess I won’t be able to give a good explanation in the end.”
Su Bai agreed with what Zhang Hongtao stated.
In this case, although the court and prosecutors were extremely biased, they wanted Zhang Hongtao to plead guilty and be punished, and they wanted to convict Zhang Hongtao.
However, in all judicial proceedings, formal procedures are followed.
In this case, even a supervisory review would not yield any results.
This is where the better mentality comes from.
Fortunately, Zhang Hongtao’s mentality was relatively stable and he didn’t pay too much attention to this.
But after Zhang Hongtao left the office, Xiao Li, who had a strong sense of justice, had anger written all over his face.
“Lawyer Su… No matter how you look at this case, Zhang Hongtao will suffer a big loss.”
“He was detained for such a long time.”
“Can I only get some compensation for such a long time?”
“I think Xu Mingyuan and Xiao Shan said they should be sent in!”
Li Xuezhen was furious.
Su Bai smiled: “If you want to send people in, you need evidence.”
“But in this case, the other party did not leave any evidence, and there was no violation of any laws or disciplines.”
“Under such circumstances, it will definitely not be sent in.”
Hearing this, Li Xuezhen looked depressed: “That’s such a pity!”
.
….
However, half a month after Zhang Hongtao was declared innocent, things took a turn for the better.
Zhang Hongtao called Su Bai. After the call was dialed, Zhang Hongtao hurriedly spoke:
“Lawyer Su, I may have another case that I need you to entrust.”
Before Su Bai could react, Zhang Hongtao continued to speak:
“According to management regulations, I am confirmed not guilty and my official status should be restored.”
“But the court dismissed me because I violated the provincial laws and regulations!”
“Lawyer Su…”
“I firmly disagree with this decision to expel. I want to hire a lawyer to entrust me with this case and fight it again!”
Su Bai was stunned for a moment, fired from public office?
And he will be punished for violating the rules and be expelled…
It is totally unreasonable to expel someone during this time period.
Is this Xiaoshan’s method?
If this is really the case, then as Su Bai and Li Xuezhen said before, there is no chance to send others in.
Now there is a chance!
.
….
PS: Please give me a monthly ticket~