Chapter 111: A Famous Scene, Questioning the Adjudicatory Personnel!

Inside the waiting room.

Chu Lei’s expression appeared somewhat tense, and he let out a light breath.

For him.

This lawsuit was very important.

After all, this time it was the Supreme Court directing the Nandu High Court to conduct a retrial.

If they lost the case.

Then afterward, there might be no further opportunity.

Su Bai could see Chu Lei’s nervousness, and smiled to signal that he need not worry.

Since they had already entered the hearing, then for the remaining matters, they only needed to do their utmost.

Faced with Su Bai’s reassurance, Chu Lei relaxed slightly, and the pressure in his heart immediately eased considerably.

They waited in the waiting room for approximately twenty minutes.

It was close to ten in the morning.

On the eve of the beginning of the hearing.

The relevant staff member came to the waiting room.

“Hello, it is now close to the time for the hearing to begin, please make your preparations and prepare to enter the courtroom.”

“Alright, thank you.”

Su Bai stood up and followed the pace of the staff member.

Li Xuezhen, with excitement written all over her small face, pattered after Su Bai.

Inside the courtroom.

The three parties entered the court.

The prosecution, the accused party Qin Xiaofeng and the entrusted defense lawyer Jiang Min, as well as Su Bai’s side representing the victim.

In this case, Su Bai was acting as the victim’s lawyer, and together with the public prosecution side, as the accusing party, exercising the procedural right to accuse crime.

To put it plainly.

The prosecution, as the public prosecutor, exercised the principal accusatory function against Qin Xiaofeng.

And Su Bai, as the victim’s side, likewise had the right to accuse, although under ordinary circumstances, the public prosecution side had somewhat greater speaking authority than the victim’s side.

Of course, there are exceptions to everything.

After all relevant personnel of the three sides had entered the court.

The court clerk began reading out the court discipline and court procedures.

“One: …”

“Two: …”

“Three: …”

“Four: …”

“……”

After the reading was completed, the court clerk continued speaking: “The court discipline and related matters have now been read out, may the presiding judge and adjudicators now enter the court.”

“All rise!”

Swish swish swish.

Everyone at the trial scene stood up.

The presiding judge and the two adjudicators walked to the bench.

Su Bai looked at the seats on the judicial bench.

Adjudicator: He Hui, Presiding Judge: Zhou Qiangsheng, Adjudicator: Zhang Guangquan.

Tsk.

He Hui.

Li Xuezhen looked at the adjudicator on the judicial bench, her eyes shining.

Adjudicator, He Hui!

This time… Lawyer Su should become famous, right…

After letting out a small breath, Li Xuezhen fixed her gaze on the judicial bench and stared at it closely.

The judicial bench.

After the three members of the collegial panel had taken their seats, He Hui surveyed the entire courtroom.

After noticing the victim’s side, namely Su Bai and Li Xuezhen, and especially Li Xuezhen’s excited gaze, he slightly frowned.

But before he had time to think further.

Presiding Judge Zhou Qiangsheng struck the gavel.

“Please be seated, the court is now in session.”

“We will now verify the identities of the prosecution, the victim’s side, and the accused side, along with the defense lawyer, beginning with the prosecution’s statement of the identity of the appearing personnel.”

The appearing lawyer for the prosecution was a man around thirty years old, and beside him was an assistant lawyer.

After hearing the presiding judge’s words, the prosecution quickly responded: “Alright, Presiding Judge.”

“The identities of the prosecution personnel appearing in court.”

“Public prosecutor lawyer Zheng Lijun, assistant lawyer Han Ming.”

Bang bang bang!

After the prosecution had stated its trial identity, the presiding judge again looked toward Su Bai’s seat and Jiang Min’s seat and asked for the identities of the appearing personnel.

Very quickly.

The identity information of all personnel was verified.

Zhou Qiangsheng struck the gavel once more.

“The identity information of all courtroom personnel has now been fully verified, this court, the Nandu High Court, in accordance with the instructions of the Supreme Court, is conducting retrial proceedings in the case concerning the killing of Lu Ying.”

“This case shall be heard by the Nandu High Court.”

“The members composing the collegial panel are Adjudicator He Hui, Presiding Judge Zhou Qiangsheng, and Adjudicator Zhang Guangquan.”

“Do any of the three litigation parties request recusal?”

Prosecution: “No objection, no request for recusal.”

Jiang Min: “No objection, no request for recusal.”

Su Bai took a deep breath, knowing that the key moment in this hearing had arrived.

He raised his hand: “Our side has an objection, our side applies for the recusal of all members of the collegial panel!”

The entire court: ???

Applying for recusal.

And moreover applying for the recusal of all members of the collegial panel.

Was this not openly offending the adjudicatory personnel in court?

And all at once offending three of them.

Was this Su Bai really so bold…?

After Su Bai finished speaking, he looked toward the judicial bench.

What a joke, we act according to law, what is there to fear from adjudicatory personnel.

If one were afraid, then there was certainly no way this lawsuit could be won.

Best to be direct, and apply for the recusal of the entire collegial panel.

The judicial bench.

Zhou Qiangsheng’s expression was somewhat displeased, no matter what, he was still the presiding judge, and to directly request the recusal of the entire collegial panel inevitably made him somewhat uncomfortable.

Thus he spoke indifferently:

“Entrusted lawyer for the victim Su Bai, what objection does your side have, and what is the reason for the recusal application?”

Su Bai did not pay much attention to the change in Zhou Qiangsheng’s mood, and slowly spoke: “Presiding Judge.”

“Our side believes that the adjudicatory personnel violated Article 30 of the Criminal Procedure Law.”

“The recusal of case handling personnel who have violated prohibited acts.”

“That is, our side applies for the recusal of the adjudicatory personnel!”

He Hui on the judicial bench slightly frowned.

He knew that Su Bai was speaking about him, and looked straight at Su Bai, rubbing his temples.

At this time, Presiding Judge Zhou Qiangsheng spoke: “Please have the entrusted lawyer for the victim state the facts.”

“Clearly set forth and explain which adjudicatory personnel violated which provision.”

“And explain clearly why you are applying for the recusal of the entire collegial panel.”

“Alright, Presiding Judge.”

Su Bai looked at the already organized materials on the table, and continued speaking:

“Presiding Judge.”

“Among the members of the collegial panel, Adjudicator He Hui violated the prohibited acts.”

“According to the provisions of Article 28 of the judicial interpretation of criminal procedure, where adjudicatory personnel have any of the following circumstances, the party and his legal representative have the right to apply for recusal.”

“First, meeting in violation of regulations with a party to the present case, a defender, or a litigation agent.”

“Second, recommending or introducing a defender or litigation agent for a party in the present case, or introducing a lawyer or other person to handle the present case.”

“Third: ……”

“……”

“The foregoing acts may affect the fairness of the judgment.”

“Where the above appellate provisions are violated, the person shall be ordered to recuse and legal responsibility shall be pursued in accordance with the law, and the party and his legal representative have the right to request recusal.”

“Adjudicator He Hui, before the hearing, inquired of our party and wished to recommend a good law firm to our party, which has already violated the relevant provisions.”

“Presiding Judge, what our side is exercising is our legitimate legal right, and we request that the Presiding Judge and the members of the collegial panel recuse themselves!”

Hiss.

Recusal of all adjudicatory personnel…

This was somewhat formidable…

If the recusal application failed, then the result of this hearing was obvious, it would certainly lean toward the opposing side!

The lawyers present at the trial scene all felt that Su Bai was somewhat fierce…

Not only did the lawyers at the trial scene think Su Bai was fierce, even the audience watching the live trial broadcast outside the courtroom felt that Su Bai was fierce.

Regarding Qin Xiaofeng’s case.

Because of its online popularity, at the time of the hearing not only were legal commentators commenting on the law in this case, but many law firm lawyers were also following the case.

There were likewise many people watching this hearing online.

Faced with Su Bai’s forcefulness, many people exclaimed that it was impressive and satisfying!

Damn, I have watched the trial website for so many years, and of the cases I have seen, if not eight hundred then at least three hundred, but I still have never seen a lawyer openly challenge adjudicatory personnel this angrily in court.

Truly fierce!!

Hahaha, I agree with the person above, same for me, it is the first time I have seen a lawyer so fierce, openly confronting adjudicatory personnel in court.

If the recusal fails, then if this case has even the slightest bit of tendency, they will definitely lose!

Indeed, I always feel that this entrusted lawyer for the victim is somewhat impulsive… still too young, not as prudent as older lawyers.

????

What are you saying? You do not know this lawyer, do you? I have watched quite a few live trial broadcasts and seen this lawyer several times, and every time he litigates he is ferocious as anything.

Saying he is too young, I feel that it is you who are too conservative!

Do not argue, do not argue, let us continue watching!

“……”

Likewise, Luo Daxiang was also livestreaming this hearing.

He had not expected that Su Bai could be this forceful, however since he was exercising legal rights according to law, questioning in court and applying for recusal was also a defense of the dignity of the law.

There was really no issue with that…

Only, this recusal… indeed required substantive evidence to be produced.

Otherwise, it was very likely that it would affect the victim’s accusation.

He had not spoken with Su Bai about this case, and did not know the specific detailed circumstances.

But he knew very clearly in his heart that, according to Su Bai’s character, since he had chosen to confront them head on in person, then he certainly had his own ideas.

There would not be any major unexpected situation.

Let us keep watching.

Luo Daxiang silently recited in his heart.

Inside the courtroom.

On the judicial bench, facing Su Bai’s accusation, He Hui’s brows were tightly furrowed.

No… if you want to apply for recusal, fine, of course there is absolutely no problem.

Then why did you not apply for recusal in advance when the adjudicatory personnel were made public…?

Why insist on applying for recusal during the hearing?

And moreover this case was a live broadcast hearing, nationally renowned.

He Hui suspected that Su Bai was doing it deliberately!

Deliberately raising this point during the hearing!

In fact, Su Bai had indeed raised it deliberately.

As for the purpose, of course it was to ensure that those who should receive legal sanction would receive legal sanction.

The atmosphere of the hearing was slightly somewhat off, and on the judicial bench.

Zhou Qiangsheng slightly frowned.

To indicate at such a time that they, the adjudicatory personnel, had problems, was this not also a slap to his face…?

Zhou Qiangsheng spoke calmly:

“Entrusted lawyer Su Bai, you have stated that adjudicator He Hui violated the recusal issue involving prohibited acts, then does your side have evidence proving that adjudicator He Hui engaged in a violation…?”

“Yes, Presiding Judge.”

Su Bai slowly spoke, and then handed the audio recording evidence of the call to the staff member beside him.

Secretly made illegal recordings violate another person’s right to privacy, and may not be used as trial evidence.

But a normal recording of a telephone call is valid, and may be used as evidence.

After Su Bai submitted the recording evidence, Presiding Judge Zhou Qiangsheng examined the detailed contents of the evidence.

The contents:

He Hui: “Have you already entrusted a law firm on your side?”

“A hearing requires an entrusted lawyer, if you need one on your side, you may apply for legal aid, and the court can make arrangements.”

The remainder was merely the content of Chu Lei’s words.

Judging from this content, there indeed was no major problem.

Therefore Su Bai had told Chu Lei at the time that this evidence did not count as evidence, but rather as a simple inquiry directed toward Chu Lei.

The key point lay in.

The recusal matter.

He Hui’s inquiry could be used to apply for recusal!

Although there was no substantive evidence showing that He Hui directly recommended a lawyer and law firm to Chu Lei.

As entrusted counsel, he possessed the right to question.

Likewise, the other side also had no substantive evidence proving that the other side did not have such an intention.

That point alone was enough.

After Zhou Qiangsheng had examined the evidence submitted by Su Bai, he handed it to He Hui.

He Hui’s expression was not very good, and he looked toward Su Bai’s seat and spoke:

“This call record merely reflects that I simply asked Chu Lei whether he had already entrusted a law firm, and if not, the court could make arrangements.”

“And according to the contents of the recording, there is no evidence proving that I recommended a lawyer and law firm for a party to the present case.”

“The essence of this matter is that I wanted the party to further understand the circumstances of the hearing, and it was a well intentioned reminder.”

“The request for recusal is dismissed, the hearing continues.”

Su Bai: ???

You want to confront directly, is that it?

But whether the request is dismissed or not, what relation does that have to you…?

“Then I ask the adjudicator, why did you telephone my client and ask whether he had already entrusted a lawyer?”

“When our side submitted the litigation application, it should have clearly indicated on it the entrusted law firm and lawyer, should it not?”

“Could it be that Adjudicator He did not notice it or did not see it?”

“May I ask Adjudicator He, do you have any evidence proving that your point of departure was goodwill, rather than wanting my client to change law firms and agent lawyers?”

“Likewise, the final point and also the most important point, on what basis does Adjudicator He have the authority to dismiss our recusal application?!”

“According to criminal procedure, under the recusal procedure, Article 31, the recusal of adjudicators, procurators, and investigators shall respectively be decided by the president of the court, the procurator general, and the head of the public security organ.”

“The presiding judge and the adjudicators have no authority to decide whether recusal shall occur.”

“I would like to ask the adjudicatory personnel, was the decision on recusal a decision made through collective discussion by the members of your collegial panel?”

“If so, then on what basis was this decision made? According to which law or regulation was it made…?!”

“Does the power to interpret the law not belong to the definition of the law, but rather in the hands of adjudicatory personnel?!”

“I ask the members of the collegial panel to answer this question directly!”

After Su Bai finished speaking, his gaze fixed directly on the three adjudicatory personnel seated on the judicial bench.

Zhou Qiangsheng: ???

Zhang Guangquan: ???

He Hui: ?!?

The personnel present in the courtroom: ???

Having Su Bai act as entrusted counsel truly was difficult to deal with!

He Hui had something of a headache, he knew Su Bai was difficult to deal with, but he had not expected him to be this difficult to deal with!

This also confirmed the correctness of his original line of thought, namely that Su Bai should not be allowed to serve as Chu Lei’s entrusted lawyer…

Only, regrettably…

This matter had not been accomplished, resulting in the present situation becoming so troublesome.

However…

Who could have imagined that Su Bai truly dared to openly confront the presiding judge and adjudicators of the collegial panel in court!