Chapter 166: Supervisory Review, Initiation of Public Prosecution
Was it real or not…?
Su Bai walked out of the court, took Li Xuezhen and Zhang Dahu with him, and drove directly to the prosecutorial department.
To be honest…
Su Bai had gone to the prosecutorial department quite a number of times.
He had still come relatively few times to the Nandu prosecutorial department.
The Nandu prosecutorial department was not far from the Nandu East City Court, and it took less than half an hour to arrive by car.
After arriving at the corresponding prosecutorial window and filling out the reporting materials…
Su Bai submitted the materials to the relevant staff member.
Seeing that Su Bai had finished filling out the contents in less than ten minutes, the staff member could not help feeling somewhat puzzled: “It is already filled out…?”
Naturally…
He was already practiced in filling out this sort of thing.
Su Bai smiled and said: “Mm, it has already been filled out, please take a look and see whether there are any problems.”
The staff member carefully reviewed it once.
“There are no problems… however…”
The staff member frowned tightly, and there was a trace of hesitation in the voice: “The date you filled in is today’s date.”
“Are you certain that the date filled in is today?”
“Yes, I came directly here from the court just now… is that not permitted?”
Hiss…
He had gone directly from the court to the supervisory department, this was coming over immediately after the hearing judgment had been rendered!?
The staff member smiled and shook the head:
“There is no problem, our prosecutorial department is not subject to those restrictions, however the relevant evidence you filled in is incomplete, so on our side we will first accept it and notify the party concerned to cooperate with questioning.”
“The subsequent evidence, such as the judgment document of the hearing and the case file record and the like, still needs to be submitted.”
“That is fine, thank you.”
“Alright, you are welcome.”
After speaking about this simple content, Su Bai took Li Xuezhen and returned to the law firm.
This time, regarding the report and the evidence required for submitting supervisory review, there was nothing especially complicated.
As long as the judgment document was submitted, or the contents of the case file of this litigation were submitted, that would suffice.
This was because Su Bai had submitted the supervisory review under the offenses in the Criminal Law concerning dereliction of duty, namely the crime of perverted judgment in civil and administrative matters and the crime of dereliction of duty in adjudicative rulings.
The evidence submitted was mainly used to determine whether there had been violations and whether major errors had occurred, for the purpose of filing and trying the case.
The evidence Su Bai had previously submitted already contained the relevant content.
Inside Baijun law Firm.
Su Bai rubbed his brow.
This case had yielded considerable gains!
Once the judgment document was issued, after the case was filed, there probably would not be any problem in initiating public prosecution!
Huh…
Su Bai let out a light breath, and his face was filled with a smile.
For a presiding judge such as Qian Wei to make determinations according to his own subjective wishes, without paying attention to evidentiary facts, was completely unworthy of the emblem on his chest.
Leaving other things aside, he should simply be sent in directly, and that would settle it cleanly.
At the same time.
After the adjudication ended and Qian Wei returned to his office, he first washed his face, then let out a long breath.
As for the adjudication of this case today.
According to his previous experience, there had been no problem whatsoever.
It was civil.
It was not a criminal case, there was no principle of resolving doubtful cases in favor of the accused, and he could directly speak of civil litigation according to the doctrine of high probability.
Basically there was no problem, and even if he had adjudged it incorrectly, at most it would only be determined to be a violation.
After all, the methods of adjudication relied upon in civil and criminal matters are slightly different.
Yet Su Bai’s reaction and bearing when he turned and left caused him to feel somewhat… to put it plainly, uneasy.
The person who wrongs you is the one who knows how aggrieved you are.
Of course Qian Wei knew where the problem in this judgment lay.
This judgment, if one said it had a problem, it indeed had a problem, and if one said it did not have a problem, it certainly also had a problem, otherwise he would not be so nervous.
After drinking a mouthful of water, Qian Wei only then slowly calmed his nervous mood, and not long afterward, he received a telephone call.
Looking at the call, Qian Wei smiled and answered it.
“Old Li… yes, what you told me about last time has already been taken care of, there is no major problem, being reported afterward?”
“Do not worry, how could I possibly be reported, there is nothing wrong, when the hearing ended, that lawyer was merely saying it, I have been a presiding judge for so many years, and I have heard quite a few cases like this, has there ever been a problem?”
“Absolutely not!”
“Do not worry, do not worry, there is fundamentally no problem.”
“Aiya, this matter can be considered resolved, afterward, you can treat me to a meal and that will count as it having passed, yes yes yes, this case should originally have been adjudged this way, yes yes yes, there is no issue.”
“Alright alright alright, then it is settled like this, I will hang up first.”
After the call was hung up, Qian Wei let out an easy breath, and the nervousness could be considered gone.
After sitting on the sofa, the telephone rang again, and when he saw that it was a call from the president of the court, Qian Wei hurriedly answered.
“President… you were looking for me?”
Qian Wei hurriedly said with a smile.
The president directly rebuked him angrily: “How exactly did you hear today’s case?!”
“Today’s case?”
“Yes, that civil dispute case, the one involving taking a person to the hospital, what were you thinking? Tell me, why did you adjudge it that way?”
“What were you members of the collegial panel thinking?!”
Qian Wei was stunned for a moment: “Today’s case was heard normally, there was no problem, was there”
“No problem?!”
“If there were no problem, then why did the prosecutorial department call me and say that there are some matters about which they want to question you! They specifically stated that it was a problem that arose in the case heard today!”
“The prosecutorial department is now notifying you to go there once!”
“At four o’clock this afternoon, remember to go!”
Pa, the call was hung up, and Qian Wei’s head buzzed, no, this was real?
He had really been reported?!
And furthermore…
How much time had even passed since this case had finished being heard!
The prosecution was fast, but it still needed time, did it not, and if calculated this way, then that Su Bai had truly gone straight from the court doors directly to the prosecutorial department?!
Outrageous!
Qian Wei rubbed his brow, and the nervousness in his heart rose once again, this time was he really going in?
Impossible!
Previously it had always been adjudged this way, and nothing had ever happened, and this time would be the same.
At most there would be an examination and investigation!
Qian Wei silently recited this in his heart to encourage himself.
On the eighth day after the judgment was rendered.
Inside Baijun law Firm.
Su Bai drank a mouthful of tea, looked at the judgment document that had been retrieved from the court, and took Li Xuezhen with him to the prosecutorial department to submit the relevant evidence.
This time, from the words of the staff member, Su Bai learned that when the staff of the prosecutorial department examined and reviewed Qian Wei, a major breakthrough had been obtained.
After the confirmation of evidence was completed, public prosecution would be initiated against Qian Wei.
Su Bai could participate in the accusation against Qian Wei in the capacity of entrusted lawyer for a third party.
After hearing this news.
Su Bai thanked the staff member.
Then he returned to Baijun law Firm and sorted through the materials that had been prepared in advance once again.
And he also called Li Xuezhen into the office.
Li Xuezhen’s small face was serious: “Lawyer Su, go ahead and say it, no matter what task it is, I will definitely complete it!”
This time, the one being sent in was a presiding judge!
Achievement points +1+1+1+1+1!
The task had to be completed!
Cough cough.
Faced with Li Xuezhen’s advance question, Su Bai coughed twice dryly to ease the atmosphere, and continued speaking:
“Lawyer Li, it is like this”
“As for the Qian Wei case, the court bringing the public prosecution is the Nandu Intermediate Court.”
“The Nandu Intermediate Court and the Nandu East City Court where Qian Wei is located are not far apart…
As far as I understand it, Qian Wei had previously served at the Nandu Intermediate Court at the basic level, and was later transferred to the Nandu East City Court.”
“We have the right to use the principle of recusal.”
“In order to avoid unnecessary trouble, let us apply to have this case transferred to another court for handling, and I will leave this matter to you!”
“Can you do it?”
Li Xuezhen’s small face was solemn: “Alright Lawyer Su, I guarantee that I will complete it”
Immediately afterward, with a face full of smiles, she walked out of the office.
After Li Xuezhen left the office.
Su Bai let out a light breath, applying now to transfer the case to another court was in order to avoid having the time for public prosecution continue to be prolonged.
Otherwise…
It was possible that the time of this hearing would continue to be extended, which would not affect the result of the hearing, but would simply be too troublesome.
Not long afterward.
After Li Xuezhen completed the submission of materials requesting transfer to another court for hearing.
Approval was obtained from the Provincial Higher Court, and the place of hearing was transferred to the Chang City Intermediate Court.
Because this case involved the issue of the judgment in Zhang Dahu’s case.
The Chang City Intermediate Court decided that while trying whether Qian Wei’s first instance judgment constituted an illegal crime, it would also make a determination regarding Zhang Dahu’s first instance case.
To put it plainly.
If it were determined that Qian Wei was suspected of illegal crime, then the first instance judgment would be revoked, and the first instance judgment would be recognized as invalid.
Because Qian Wei’s judgment belonged to an unlawful judgment.
If Qian Wei were found not guilty, then Zhang Dahu’s case would need to continue into the second instance procedure.
Very quickly, the Chang City Intermediate Court determined the hearing time for the Qian Wei case.
And notified all parties.
At Chen Meixia’s home.
Chen Meixia received a call: “What? You want this old woman in her seventies to go…
Go for what? Is this case not already over, has the other side not paid compensation?”
“I am not going, not going.”
“I said I am not going.”
“You are saying that that presiding judge has now been reported? and that the judgment may be of no use, is that it…”
“Alright alright alright, then I need to go once, I understand, when you notify me at that time, I will go, mm, I can remember the time, I will let my eldest and second sons accompany me, alright?”
“Mm!”
Chen Meixia seemed to remember something, and asked another question:
“Oh right! This matter… does it have nothing to do with me, right, I will not also have something happen to me, right?”
A voice came from the other end of the line, with a trace of impatience: “You are fine, you just go once and act as a witness.”
“Then that is fine.”
After hanging up the phone, Chen Meixia muttered continuously.
“How has this produced trouble again, I have to go again, as long as it has nothing to do with me, that is fine.”
Very soon, the time for the hearing arrived.
Inside the waiting room of the Chang City Intermediate Court.
Li Xuezhen’s small face was excited, and she silently recited in her heart: finally the hearing has begun!
A few days earlier she had told Wang Kexin about this case, and Wang Kexin had been even more excited than she was, directly jumping about happily in the dormitory.
If she had not been Su Bai’s assistant lawyer, Wang Kexin might have tried to come over as well.
She still remembered Wang Kexin’s little round hairstyle wobbling all over at that time.
But speaking of which, this time it should not be difficult to send in this unscrupulous presiding judge, should it…?
If he could not be sent in…
Then would it be possible to send in two at one time?
Would not the achievement points rise rapidly and continuously then?
How delightful…
Seeing Li Xuezhen’s little expression, Su Bai smiled slightly and said nothing further.
This time, in the hearing there was not only Su Bai’s side, but also the prosecution side and Qian Wei’s entrusted lawyer.
In fact.
Originally the prosecution also intended to conduct supervisory review against the other two members of the collegial panel.
However, because the presiding judge bore the greatest responsibility, and particularly because the judgment had been proposed by Qian Wei.
Public prosecution was brought only against Qian Wei.
Inside the prosecution waiting room.
Guan Tongzheng was sorting out the materials, and with respect to this public prosecution case, as public prosecutor, he attached great importance to it.
This was because the target of this public prosecution, and the identity of the criminal suspect, were very special.
A short time earlier he had still been the presiding judge, sitting on the trial bench striking the gavel, and now he had become the defendant, if this matter had been spoken of a short time earlier, who would have believed it?
Yet reality was precisely like this.
On the other side.
Inside the defendant’s waiting room.
A man of about forty years old was sitting sternly on a chair in the waiting room, confirming the contents of the final materials.
As a well known criminal lawyer in Shangdu, Liu Jun specialized in duty related crimes, including administrative duty crimes and criminal and civil duty related crimes.
In fact, at the time, Qian Wei had always believed that his problem was not serious.
But unexpectedly, public prosecution really had been brought against him.
When Qian Wei learned that public prosecution had been initiated against him, the first thing he did was to find Liu Jun, the well known Nandu lawyer who was proficient in duty related crimes.
This also expressed his recognition of lawyer Liu Jun’s degree of professional competence.
Liu Jun had already understood the course and general process of this case, and after handing the materials to his assistant lawyer.
He quietly waited for the hearing to begin.
In this case, he would provide a not guilty defense for Qian Wei.