As a Lawyer, You Sent the Judge In?

Chapter 101 The First Administrative Litigation Case

  In the legal sense.

 The definition of picking quarrels and provoking trouble is very vague.

 Basically, there are only three points for being sentenced for this crime.

 First, it has caused an extremely bad impact, second, our lawyer is a noob, and third, there is a problem with the procedure.

 This incident is very difficult due to procedural problems.

I didn’t see that last time, all the judges in the first-instance judgment of Guo Xiaojun’s case were transferred from their posts…

 So generally there will be no procedural problems.

 Of course, in court proceedings.

 The main key to the judgment includes the subjective intention of the judge.

 According to Zhang Laichun, in this case, the verdict

 It’s outrageous!

  It’s simply off the mark!

 The person sentenced was Zhang Laidong, Zhang Laichun’s brother.

 Sentenced to six months in prison for illegal construction.

Su Bai took a breath and then asked: "Did you hire a lawyer during the first trial?"

 Zhang Laichun scratched his head.

“This. When we went through the first trial, we just hired a random lawyer. I felt that the professional level was not very good.”

“We think what we are doing is a good thing and there is no big problem, but who would have thought that we would actually be sentenced?”

 The business level is not very good, so the answer to this question has been found.

Public prosecution lawyers, like Lu Wei, would like to send everyone in if they have already filed a case. If you encounter someone like this, they will definitely find a way to send you in.

 Hand.

pick a quarrel.

As long as this crime is slightly sidelined, the prosecutor's lawyer can completely influence the will and tendency of the judge.

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This kind of case with ambiguous crimes is indeed difficult for other lawyers to fight!

 After all, the most critical thing about the definition of this crime is the intention of the judge.

but

As for this case, it is outrageous that it was filed.

 After all, Zhang Laidong's repair of the bridge was obviously a good thing.

How could a case be filed if certain key evidence was not mastered or for other reasons?

Su Bai asked a few more key questions before he understood the whole thing.

It turned out that there was a bridge construction company, and they noticed that there was no public bridge in this place.

I want to apply for a public bridge project in this place.

 But there cannot be two bridges in one place, so the company discussed with Zhang Laidong whether the private bridge could be demolished.

 Zhang Laidong meant that the other party had not built the bridge yet, and people had to walk on this private bridge, so he did not agree.

Without saying a word, the bridge construction company reported Zhang Laidong to the relevant law enforcement departments on the grounds that he illegally built the bridge and charged private fees.

 Zhang Laidong was prosecuted.

  And also reported it to the relevant departments.

 Zhang Laidong faces an administrative fine of 300,000 yuan.

According to Zhang Laichun’s description, Su Bai had a general understanding of the relevant issues and the relevant demands.

 The appeal is simple.

 First: plead not guilty.

 Second: Apply to cancel the administrative fine.

Facing Zhang Laichun’s lawsuit request, Su Bai nodded slightly.

However, Zhang Laichun’s description of the specific situation is not detailed yet, and the relevant information needs to be understood through the files.

 If there is no dossier

 It’s hard to say what the situation is.

 Furthermore, he needs to further understand the parties’ ideas.

After thinking about it, Su Bai said: "Based on your statement, I already understand the general process."

“If you intend to file a lawsuit with our law firm, you can sign a power of attorney first”

“With the power of attorney, our law firm can proceed with the next step of investigation.”

 “Good lawyer Su.”

 Zhang Laichun nodded, then frowned slightly and asked:

“Lawyer Su, can my brother win this case?

 As long as you don’t go to jail.

 The administrative penalty of 300,000 yuan is indeed too much for us.

 Can it be less? "

Su Bai thought for a few seconds and said, "We can only say that we will try our best, but we cannot guarantee it."

 Zhang Laichun nodded silently: "Okay, Lawyer Su, I understand."

 Soon, the relevant power of attorney was signed.

Before leaving Haifang Law Firm, Xiao Haibo stuffed two kilograms of tea:

“Lawyer Su, thank you for helping me this time. This case involves many issues and the legal fees are not very high.”

“But this was introduced by an old client of mine, so it’s hard to refuse.”

“Lawyer Su, even if you have helped me a lot this time, I will definitely help you with any civil litigation problems your law firm encounters in the future!”

Facing Xiao Haibo’s words, Su Bai smiled slightly.

 “Lawyer Xiao, you’re welcome.”

In this case, even if there is no legal fees, it can be exchanged for a favor from Xiao Haibo.

Nandumin sued the favor of the senior partner of a top law firm. This is not a loss no matter how you look at it! .

 ….…

 On the way back to Bai Jun Law Firm.

Li Xuezhen had a serious face. She remembered what happened in this case and spoke in a serious tone:

 “Lawyer Su, I can’t understand”

 “Why would someone do this?”

 “Isn’t it a good thing for people to build bridges?”

“It’s really annoying that there are still people reporting it...”

"unacceptable!"

“I think the person who reported it should be sent in!”

Li Xuezhen’s face was full of anger.

Su Bai smiled and said:

“There are indeed certain problems in this case. According to Zhang Laichun, the person in charge of the bridge repair company reported and provided evidence about this matter.”

 “Be able to file a case.”

“That means the evidence does have a certain legal basis.”

“Being immoral is quite immoral, but this judgment should be based on relevant laws and regulations. Let’s get the file first and then read it!”

"profound.…"

 “Good Lawyer Su”

“Lawyer Su, what I just said were all angry words. I have no intention of sending anyone in. Lawyer Su, please don’t misunderstand me.”

Su Bai:? ? ?

 What you just said was true, okay?

 Tell me...who you see who you don’t want to send in.

The other party’s lawyer, the party being sued, the defendant, and even everyone sitting in the presiding judge’s seat, each and every one of them, which one do you not want to...?

 Now explain this to me

 Can you believe it?

Su Bai just went through these words in general in his mind without saying them in detail.

It’s okay to know Li Xuezhen’s little thoughts, you can slowly and subtly correct them

but!

If you speak out and aggravate this kind of thinking, you will be in trouble in the future.

 “Well, I understand.”

 “Let’s get the files from the first instance first.”

Seeing that Su Bai didn't pay much attention, Li Xuezhen took a careful breath.

Hey.

 I accidentally failed to control my thoughts just now, but fortunately nothing went wrong.

Seeing that Su Bai had already walked away, Li Xuezhen trotted to follow him.

 Zhang Laidong's case was not in Nandu, but in a county next to Nandu Linshi.

 The name is Nanchuan County.

Nanchuan County is under the jurisdiction of Linnan City.

 This case was also heard by the Nanchuan County Court in the first instance.

Come to Nanchuan County Court.

Su Bai submitted relevant materials and applied for copying the dossier.

Relevant staff, after receiving the relevant materials from Su Bai, carefully checked them and then spoke:

“For related files, it will take about two hours to complete the copying.”

 “Please wait patiently.”

"OK, thanks."

Su Bai smiled and thanked him. After sitting in the hall and waiting for nearly two hours, Li Xuezhen.

 The female staff member smiled and handed the copied dossier to Su Bai.

 “Hello, this is the dossier you want.”

"Thanks."

 “You’re welcome, this is the job we should do.”

After Su Bai took the file, he handed it to Li Xuezhen.

After Li Xuezhen put the dossier into the briefcase, she patted the briefcase:

“Lawyer Su, we have obtained the file, what should we do next?”

 “Well, let’s go back to the law firm first.”

Su Bai nodded slightly and spoke.

 The dossier has been obtained, so the remaining problem is to check the dossier to see if there are any problems, and then go to see the person concerned.

Linan City is not far from Nandu. Soon, Su Bai and Li Xuezhen took a taxi and returned to the law firm.

 Also, the files were sorted out.

 An hour later, Su Bai rubbed his brows and roughly sorted out the contents of the file.

 And after clarifying the relationship between the evidence and the judgment, and taking a long breath, I had a rough judgment in my heart.

 This case.

 It does have a certain degree of difficulty.

 The difficulty lies in the judge’s preference.

 Let’s talk about the verdict of the first instance first

 The main reason why the first instance found that Zhang Laidong was guilty of picking quarrels and provoking troubles was based on the third point in the definition of the crime of picking quarrels and provoking troubles.

ˆForcibly taking or destroying property at will, occupying public or private property, and the circumstances are serious.

  Reasons for determination.

 The bridge repair institute occupied public and private property, charged fees, and used it to make profits for itself.

  If the profit amount reaches 30,000 yuan, he will be sentenced to six months in prison.

have to say

This crime of picking quarrels and provoking trouble is really awesome.

 According to this definition, there is indeed nothing wrong with it.

 But this charge is completely unreasonable and you cannot find anything wrong with it.

 You say you are not guilty?

good!

 I will directly take out the laws and regulations, point them to you and read them to you, and then explain them to you.

 You still say you are not guilty?

 No, why are you so tough-mouthed?

I read it to you in accordance with the laws and regulations, and you still say that you are not guilty?

 Talk back? !

 Judge you!

 Not only is the judgment made, but there is nothing wrong with the judgment at all, leaving you with no recourse.

 Because the judgment is completely in accordance with the laws and regulations, you can't find any faults.

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  Let’s look at the administrative penalties. If you build a bridge privately without approval and gain unjust profits, you will be fined 300,000 yuan.

This fine is also very heavy, and Zhang Laidong simply cannot afford it.

 Tut tsk

I have to say that in order to take over the project, the bridge construction company knew the law and reported it without saying anything. Not only did they report it, but the report was successful!

  TMD.

After Su Bai understood this, he then went through the evidence materials submitted in the file.

 After sorting it out briefly, I took a long breath.

 “Let’s meet the person involved first!”

.

 ….…

 On the next day, Su Bai took Li Xuezhen to the Nanchuan County Detention Center.

 After submitting relevant materials.

 For people like Zhang Laidong who were sentenced to only six months, the detention center staff reviewed the materials and asked about relevant matters.

 The corresponding staff brought Su Bai and Li Xuezhen to the summons room.

How to say.

 It doesn’t require any sophistication, the work efficiency in Nanchuan County is quite high!

 Summons indoors.

After the relevant staff asked some relevant matters and regulations, they said:

“It will take about ten minutes to summon the suspect.”

"OK, thanks."

Su Bai politely thanked Li Xuezhen and waited quietly in the summons room.

Li Xuezhen has a small and upright face.

 I quite admire Zhang Laidong who does good things by building bridges.

soon.

 Zhang Laidong came to the summons room. He was not too old, but he looked very old. The skin on his face was darker than Zhang Laichun's.

 At first glance, it is the result of years of hard work.

After seeing Su Bai, Zhang Laidong's eyes brightened a little, and then he sat on the stool. He seemed a little reserved when facing Su Bai. He calmed down for a few seconds before speaking:

“Hello, lawyer, my name is Zhang Laidong.”

Su Bai smiled and nodded: "Hello, I am your attorney, Nandu Baijun Law Firm, Su Bai."

 “Just call me Lawyer Su.”

 “Good lawyer Su.”

Hearing Su Bai's words, Zhang Laidong's restrained mood relaxed a lot, and there was a hint of brightness in his eyes.

“Lawyer Su, actually it doesn’t matter if I’m sentenced to six months. Regardless of whether I’ve done anything wrong or not, it doesn’t matter if I’m sentenced to six months.”

"only."

“My child is going to college. After I am sentenced, this will have an impact on my child’s going to college.”

“I still hope that my affairs will not affect my children’s college education and the money. It’s too much and I can’t afford it. Can it be less?”

“Lawyer Su, I only have this request...”

 When Zhang Laidong spoke, his dark face was completely wrinkled.

Su Bai looked at Zhang Laidong.

 For people like Zhang Laidong, I couldn't help but feel a little admiration in my heart.

 There was silence for a few seconds.

After gathering his emotions, Su Bai slowly said, "Yes! I already understand your request."

 “In this case, our law firm will try our best to help you appeal.”

 “You don’t have to think too much about the rest...just leave it to our law firm.”

“The key point now is the second trial.”

“Do you have anything to say about the evidence? Or is there anything to refute or any disagreement?”

Su Bai took out relevant evidence materials from his briefcase and placed them on the table.

 After Zhang Laidong took the materials with both hands, he squinted his eyes and carefully looked at the materials Su Bai handed him bit by bit.

 If the material is messy, use your wrinkled hands to smooth it out.

  Half an hour later.

 Zhang Laidong rubbed his eyes with his rough hands, pointed at some problems in the material, and spoke slowly:

“Lawyer Su, I think there is something wrong with these points.”

Su Bai nodded.

Hinted Li Xuezhen to record it.

Li Xuezhen recorded the problem pointed out by Zhang Laidong with a serious expression.

 After completion.

Su Bai looked at the recorded materials, went through them roughly, sorted them out, and put them into his briefcase.

 Following that, he asked Zhang Laidong some related matters.

 Zhang Laidong nodded seriously: "Okay, Lawyer Su, I will listen to you."

 After dealing with all this.

Su Bai took Li Xuezhen out of the detention center.

After leaving the detention center, Li Xuezhen looked depressed and spoke slowly:

“Lawyer Su, I think Zhang Laidong is really a good man and he should not be sentenced.”

“Lawyer Su, we will definitely win this lawsuit, right?”

Su Bai raised the corner of his mouth slightly: "Do you think I will lose the case?"

Li Xuezhen’s eyes narrowed into a crescent moon: “Lawyer Su, you can’t!”

Su Bai: This is the first administrative-related litigation case. I will definitely not lose!

 PS: Please give me a monthly ticket~

 (End of this chapter)