Chapter 103: Counterattack: One Word: Voluntary! If You Were Unwilling, Why Did You Still Want to Cross?
When facing Su Bai’s statement and questioning, Mo Xiao’s state of mind fluctuated slightly.
However.
He adjusted very quickly.
He quietly watched the presiding judge’s seat.
As a public prosecution lawyer, he was of course also clear that in this case and in the determination of the charge of provoking trouble and stirring up disturbances, the decision was generally made according to the inclination of the presiding judge.
It lay between conviction and non conviction.
Regarding this method by which the opposing side disturbed his thinking, he needed to remain vigilant.
At the very least, he could not jump into a huge pit.
At the seat of the presiding judge.
After hearing Su Bai’s statement, Bai An slightly frowned, then silently nodded.
Immediately afterward, he looked toward the seat of the respondent side, the prosecution seat.
“Now please the prosecution state your side’s view.”
“Alright, Presiding Judge.”
Mo Xiao slightly nodded, then organized the materials in front of him and spoke:
“According to the statement of the litigating side.”
“Our side has conducted a simple summary.”
“First, the view expressed by the litigating side is that the party concerned, Zhang Laidong, did not engage in forcible taking or demanding.”
“However!”
“The point of charging fees is established, is it not?”
“Can the litigating side produce actual evidence proving that the party concerned, Zhang Laidong, completely did not engage in forcible taking or demanding?”
“Judging from the statement of the litigating side.”
“At present, the litigating side can only prove that Zhang Laidong did not collect fees from a portion of people, but the point that fees were collected is truly present.”
“According to the investigation, when calculated by amount, it involved nearly fifteen thousand instances.”
“And the evidence provided by the litigating side is merely the result of investigating several people and several dozen people, which is insufficient to expand to the entire applicable scope.”
“Moreover.”
“According to the statement of the litigating side’s lawyer, the collected fees did not account for one third of the construction cost, but that is still profit making in nature, and such a statement cannot become a factual basis for defending Zhang Laidong as not guilty.”
“As for the litigating side lawyer’s statement regarding, in the legal sense, infringement of the rights and interests of others.”
“This point should be determined according to factual basis.”
“The law will not wrong a good person, nor will it fail to punish a bad person.”
“I hope that the litigating side lawyer can argue and defend from the perspective of the factual basis of the law.”
“Presiding Judge, the prosecution has finished stating its position.”
After Mo Xiao finished stating his position, he raised his head and looked toward the presiding judge’s seat, smiling slightly.
Putting an enormous label on me?
Good, good, good, go ahead and put it on me, let me see you do it!
Even if you put an enormous label on me, you still have to explain the factual basis clearly!
If you cannot explain it clearly, then the sentence that should be imposed still has to be imposed, even if you put it all on my head, it still has to be imposed!
When faced with Mo Xiao’s statement, Su Bai let out a long breath.
It seemed.
That as the public prosecution lawyer during the first instance, this Mo Xiao had studied Zhang Laidong’s case very thoroughly.
However.
Why are you speaking to me about the justice of the law?
Mo Xiao’s statement in fact expressed only one view.
Still that same key issue.
On what basis can it be determined that Zhang Laidong did not engage in forcible taking or demanding, and can direct evidence be produced to prove this point of view.
Moreover.
Through his earlier answer.
Mo Xiao also denied the issue stated by Su Bai just now.
There was no factual basis that could accurately prove that Zhang Laidong had not engaged in forcible taking or demanding.
The key lay in the point of accuracy.
How should it be said.
It was indeed somewhat thorny.
Of course, Mo Xiao likewise could not produce accurate basis that it was forcible taking or demanding, and the point of entanglement for both sides was still in this regard.
At the seat of the presiding judge.
Presiding Judge Bai An organized the views of both sides and the factual evidence submitted.
He slightly frowned.
Bang bang bang!
He struck the gavel!
“At present, both sides have developed differing opinions regarding whether Zhang Laidong in this case engaged in forcible taking or demanding.”
“Then, regarding other aspects.”
“For example, Zhang Laidong’s unauthorized collection of fees, the fact that some people in difficulty were exempted from payment, and free passage was given to disadvantaged groups.”
“Do either side have any objection regarding these?”
The evidence was conclusive, who would dare to have an objection?
Su Bai: “Our side has no objection.”
Mo Xiao: “Our side has no objection.”
Bang bang bang!
“The litigating side and the prosecution have no objection regarding the questions raised by the court.”
“Litigating side, regarding the matter of the party concerned Zhang Laidong’s unauthorized collection of fees, does your side have anything further to state?”
“Yes, Presiding Judge.”
“Then please make your statement.”
“Alright, Presiding Judge.”
Su Bai simply organized the materials, looked toward the prosecution seat, and slowly spoke, “I would like to ask the prosecution a question.”
Bang bang!
“Does the prosecution agree to be questioned?”
“Agreed.”
“The litigating side may proceed with questioning.”
“Alright, Presiding Judge.”
The corner of Su Bai’s mouth lifted slightly as he asked:
“May I ask the prosecution, the matter of Zhang Laidong’s private construction does indeed constitute illegal unauthorized construction, but does the prosecution consider Zhang Laidong’s subjective purpose to have been profit making, or to facilitate the villagers while at the same time recovering his own costs?”
“According to the evidence, the purpose at present is profit making.”
Mo Xiao replied.
Su Bai continued:
“I would like to ask the prosecution, after our party concerned did this, did it not become more convenient for the villagers to pass through?”
Faced with Su Bai’s question, a trace of confusion appeared on Mo Xiao’s face, how should this question be put, was this not obvious?
“According to the relevant investigation, what Zhang Laidong did did indeed provide convenience for the villagers’ passage.”
“Very well, thank you for the prosecution’s cooperation.”
After finishing the questioning, Su Bai continued his statement:
“According to the prosecution’s answer, our party concerned did indeed provide a certain degree of convenience for the villagers’ passage.”
“From another perspective.”
“If our side had not done this, would the villagers still have been charged?”
“What was the reason the villagers were willing to pay?”
“The reason they were willing to pay two yuan in order to pass was because they believed that these two yuan each time were worthwhile, if it were not worthwhile then they could completely choose not to pass there, and then naturally there would be no need to pay.”
“Did Zhang Laidong ever forcibly say that others were required to pass there?”
“If there were such circumstances, our side believes there would be no problem at all in sentencing Zhang Laidong, and indeed the prosecution could completely bring litigation on the charge of extortion!”
“However, the key point lies in the fact that Zhang Laidong did not forcibly require others to pass there, and there was no circumstance of acting against the will of others, and in the perspectives of Zhang Laidong and the public at large, this did involve a certain construction cost.”
“According to his subjective intention, there was no compulsory collection of fees, nor any compulsion requiring others to pass there, everything was entirely based on the principle of voluntariness, so how could there be any such situation as forcible taking or demanding?!”
“As for what the prosecution accuses.”
“That the number of instances could reach fifteen thousand, our side has no factual evidence proving that these people were not subjected to forcible taking or demanding.”
“But at the same time, the prosecution likewise cannot provide factual evidence proving that these people were subjected to forcible taking or demanding.”
“In other words.”
“Some people may have been dissatisfied in their hearts with the charging of fees, but our party concerned Zhang Laidong did not forcibly carry it out, did not forcibly seek out the other party to collect fees, if they were willing to pass here then they could pass here, if unwilling, there was no compulsion, and they could choose not to go this way.”
“Then what was their purpose in paying to pass here?”
“Since you were unwilling, why did you still pay?”
“Does this not from this perspective indicate that subjectively they recognized Zhang Laidong’s subjective viewpoint?”
“Our side believes that regarding the matter of unauthorized fee collection, Zhang Laidong lacked legal awareness, there was no criminal conduct in the subjective aspect, and objectively there was likewise no disruption of social order, and our conduct should not be identified under the charge of provoking trouble and stirring up disturbances.”
“Presiding Judge, our side has finished stating its position.”
After Su Bai finished stating his position, he looked toward Bai An on the presiding judge’s seat.
To put it plainly.
This method of charging fees was indeed unreasonable in the legal sense.
But you cannot convict under provoking trouble and stirring up disturbances!
Not everything can be placed under this charge.
After hearing Su Bai’s statement, Bai An slightly nodded, but according to the evidence provided by the prosecution, this matter was truly not easy to determine.
Bang bang bang!
Bai An struck the gavel.
“Regarding the opinions of the litigating side and the prosecution, the collegiate bench has fully understood them, does the prosecution have anything further to add?”
Mo Xiao flipped through the materials.
“Presiding Judge, our side has nothing further to add.”
Bang bang bang!
“Both sides have finished stating their positions, and neither has anything further to add. According to the focal issues of both sides, the collegiate bench needs to conduct further discussion.”
Bang bang bang!
“The court now enters the recess stage, and the hearing will continue after one hour!”
As the members of the collegiate bench left, the trial entered the recess stage.
During the recess stage.
Su Bai at the seat of the litigating side and Mo Xiao at the prosecution seat of the respondent side looked at one another slightly.
Neither of them spoke, but they were silently contending with each other in secret.
Li Xuezhen beside them rubbed her eyes, after staring at Mo Xiao for such a long time, her eyes had become slightly sore from staring.
She let out a small breath.
Li Xuezhen turned her head and asked Su Bai.
“Lawyer Su.”
“I feel that this trial is not easy to fight.”
Su Bai slightly nodded.
“This trial is indeed not very easy to fight, but judging from the current situation, the inclination of the presiding judge has not yet been determined.”
“We have now entered the recess stage, and the specific circumstances are still not too clear.”
“Let us talk again after the court resumes!”
“Oh.”
“Alright Lawyer Su.”
Li Xuezhen nodded seriously, rubbed her eyes, and continued staring.
At the same time, inside the livestream outside the courtroom.
Fierce discussion also erupted regarding this case.
Some people believed that this matter indeed should be punished, after all it was illegal construction.
Most people did not deny this point regarding the matter, but even more people believed that what this matter should face was administrative punishment.
And not be punished under a criminal charge such as provoking trouble and stirring up disturbances.
Generally speaking, the comments in the livestream were quite reasonable.
The livestream comment section was also asking Luo Daxiang for his view regarding this case.
Regarding the focal point that both sides were disputing without end, Luo Daxiang also expressed his own view:
“Yes!”
“What everyone says has a certain degree of reason, the main factor in the first instance judgment of this case was forcible taking or demanding.”
“The viewpoints discussed by the litigating side and the prosecution also lie on this point.”
“Whether Zhang Laidong falls within forcible taking or demanding.”
“But neither side has demonstrated sufficient factual basis.”
“However, in terms of the concept expressed in the statement, the litigating side performed somewhat better than the prosecution.”
“As for how exactly this case will be judged, I also cannot determine it, and the specific circumstances may still need to wait until after the hearing resumes and then be determined according to the opinion of the presiding judge.”
Luo Daxiang continued to smile and said, “Let us continue watching, after the recess ends, there will most likely be a result regarding whether Zhang Laidong will be judged under provoking trouble and stirring up disturbances!”
Inside the discussion room of the collegiate bench.
The three members of the collegiate bench, Wang Zhihua, Bai An, and Xiao Jun, sat on the sofa discussing the determination of this case.
“Go ahead and speak, whatever views the two of you have, you may say them.”
“This case is indeed somewhat complicated, both sides cannot produce sufficient evidence, and in terms of inclination, I have a slight leaning, but I still need to hear the opinions of you two.”
Bai An’s gaze swept across the two.
The two remained silent for several seconds, then Wang Zhihua spoke:
“As for this case, I have seen the first instance judgment, and when I saw the first instance judgment, I felt there was not too much problem with it.”
“But.”
“The key lies in the lawyer of the litigating side, Su Bai.”
“The defense opinion he stated does not have much problem, and with respect to forcible taking or demanding, this interpretation is also very reasonable.”
“In the subjective aspect, I lean toward the defense opinion of Su Bai from the litigating side.”
“After all, in terms of reason, the prosecution also cannot produce substantive evidence to accuse.”
“Since the prosecution cannot produce substantive evidence to accuse, while the litigating side has a very strong defense opinion.”
“Then this case cannot possibly be determined as provoking trouble and stirring up disturbances according to the first instance litigation judgment.”
“Yes!”
After hearing Wang Zhihua’s words, Bai An nodded.
Then he looked at Xiao Jun, “What is your opinion, you may speak about it.”
Xiao Jun’s opinion was somewhat different from Wang Zhihua’s.
Xiao Jun said, “I am somewhat more inclined toward the prosecution’s side.”
“It is not so much that I incline toward the prosecution’s side, but rather that if one looks at the matter from a neutral standpoint, I think the prosecution’s point that not everyone willingly took out money is indeed correct.”
“But according to what the litigating side said, if it was not voluntary then they could completely choose not to go that way, this.”
“Likewise has a certain degree of reason.”
“I will not say more about the rest, let us still look at the thoughts of you, Presiding Judge.”
The two adjudicators each stated their respective viewpoints.
After hearing their respective statements, Bai An slightly nodded and continued:
“Regarding the point that the prosecution lacks sufficient evidence proving that Zhang Laidong engaged in forcible taking or demanding, neither of you have any objection to this point, correct?”
“No objection.”
The two spoke at the same time.
After hearing their words, Bai An smiled and nodded, “Since there is no objection, then let us wait and see after the hearing resumes.”
“After hearing the content of their statements, we will then determine this case.”
“Alright.”
“That is acceptable.”
The two did not have too many objections to Bai An’s decision.