Chapter 168: Three Party Defense, Presiding Judge: Truly Fierce!

The use of high probability in the field of civil matters is in fact very common.

However, its use in the manner employed by Qian Wei is still quite rare.

Even if one proceeds according to the evidence, neither side had direct evidence.

And if one instead looks at it according to life experience.

Then in one respect, Zhang Dahu’s statement and evidence were relatively more sufficient than Chen Meixia’s.

In particular, Chen Meixia’s earlier own statement, that Zhang Dahu knocked her down from behind and that Chen Meixia saw Zhang Dahu’s face, this basic fact was completely absurd.

Did this conform to normal logic?

It did not conform!

Then why was it adjudged that way?

Clearly there was a certain problem.

After all…

In the original hearing, Qian Wei only adopted Chen Meixia’s statement as the factual basis and employed high probability, yet did not adopt Zhang Dahu’s statement, and this obviously did not conform to the logic of courtroom proceedings or the rationality of fair adjudication.

After Su Bai finished his statement, at the trial bench, Presiding Judge Ren Yuandong made a brief summary of the litigation statements and defenses of the three sides, namely the prosecution, the defendant side, and the accusing side.

He quickly reviewed them once.

After finishing the summary.

Bang bang bang!

Ren Yuandong looked toward the defendant’s seat: “The entrusted lawyer for the defendant side is now requested to respond to the questions raised by the entrusted representative of the accusing side.”

“Alright, Presiding Judge.”

Liu Jun silently nodded at Su Bai’s accusation.

Before this lawsuit, he had deliberately learned about Su Bai and knew that this was a top tier lawyer in the Nandu criminal law circle.

Judging from Su Bai’s accusatory speech just now, the angle of the other side’s defense was indeed very good.

However…

As someone proficient in duty related crimes, he also had his own defense strategy for this category of cases.

It was not to the point that, faced with Su Bai’s defense statement, he would become helpless and have no means of responding.

Su Bai’s statement and viewpoint had defended from the angle that Qian Wei had misapplied the legal provisions, and it was based on the sixth point of perverted judgment that Liu Jun had just stated.

As for the second point, that was the result caused.

That is, overall speaking, the organization of this lawsuit still needed to proceed in argument and discussion according to the sixth point.

After sorting out his line of thought.

Liu Jun began making his statement:

“Our side has objections to several points raised by the accusing side.”

“What the accusing side has described is that, according to general common sense, Chen Meixia, as an elderly person in her seventies, could not have reacted that she was struck by Chen Dahu, and that Qian Wei, in adjudicating and rendering judgment, did not consider this point, and that this was out of a subjective purpose and that he stood on the basis of personal subjectivity in intentionally determining and manufacturing wrongful, false, and mistaken cases, our side does not agree with this point.”

“First: from Qian Wei’s perspective, there was no problem whatsoever in using high probability to determine this case, for the following reasons:”

“(1) As presiding judge, the first thing Qian Wei considered was why Zhang Dahu helped the person and assisted Chen Meixia by taking her to the hospital.”

“Was there a possibility that Chen Meixia had in fact been struck by Zhang Dahu, such that Zhang Dahu was the person responsible?”

“Judging according to common sense, this point should conform to common sense, should it not?”

“Likewise, in the judgment, the most crucial point was that Zhang Dahu paid the medical expenses three times, and this completely could not be explained, although Zhang Dahu had already stated his reason, there was no evidence!”

“Zhang Dahu had no evidence to prove that what he said was true, and his claim of righteous and courageous conduct was completely inconsistent with common sense.”

“It relied entirely on his own statement, and there was no factual basis or proof capable of showing this viewpoint.”

“According to life experience and common sense, generally speaking, a person would rebut and refuse to continue paying the hospital’s medical expenses.”

“Even if Zhang Dahu truly had engaged in righteous and courageous conduct, truly acted kindly to help and pay the medical expenses, and even paid the medical expenses three times in succession, then under this kind of circumstance that violates common sense.”

“Was there any problem in determining Zhang Dahu according to high probability?”

“There was no problem, correct?”

“Because it conformed to the adjudicative conditions of high probability.”

“(2) As for the accusing side’s statement, it said that the other two adjudicators in the original case had raised the points that whoever makes the claim must produce the evidence, and that there was no sufficient evidence proving that Zhang Dahu had struck anyone.”

“Indeed, there would have been no problem whatsoever in using whoever makes the claim must produce the evidence in this case.”

“But based on the foregoing viewpoint, there is likewise no problem whatsoever in using high probability, because such a judgment does have a factual basis.”

“(3) Since, under the above determination, using high probability to make the determination conforms to the corresponding conditions, then Qian Wei does not constitute the crime of perverted judgment, because he did not reach the subjective intentionality condition of the crime of perverted judgment, nor did he apply erroneous legal provisions in rendering the judgment.”

“That is, our side believes that the litigation defense and litigation claims of the accusing side and the prosecution should be dismissed.”

Liu Jun spoke calmly and finished his statement, then looked toward the presiding judge’s seat.

What was the key point in the judgment of this case?

It lay in whether Qian Wei intentionally rendered judgment through the crime of perverted judgment, and whether the law applied in the judgment was erroneous.

If, through these two points, one answered and defended in such a way that the presiding judge could not make the determination, then the purpose of exculpating Qian Wei could be achieved.

With respect to this case, Liu Jun had already understood it long ago, and had long since planned how to conduct the defense.

Thus, the present situation was that everything remained within his control.

Although Su Bai was a top criminal lawyer in Nandu, in the specific area of duty related crime law he might not necessarily have cultivated it more deeply than Liu Jun had.

After Liu Jun finished his statement.

Bang bang bang.

At the trial bench, Presiding Judge Ren Yuandong struck the gavel and fell into thought while looking at the contents in the litigation materials.

He had understood this case, and the principal issue was precisely this point, how was one to confirm Qian Wei’s intentionality in wanting to commit perverted judgment?

When Su Bai made the first accusation, he had spoken very well, completely setting out both Qian Wei’s subjectivity and his erroneous application of law.

But Liu Jun’s rebuttal was likewise very sharp.

First, he stood from Qian Wei’s perspective to explain why high probability had been applied, and then he explained Qian Wei’s subjective manifestation.

This case not only tested the contest among the lawyers, it also tested the level of him as presiding judge.

After several silent seconds, Presiding Judge Ren Yuandong turned toward the prosecution’s seat:

“Does the prosecution have anything further it wishes to state?”

In this case, Guan Tong had a relatively deep understanding of the case.

At the same time, he also had a certain degree of understanding of Liu Jun as a person and as a lawyer, and he did not agree with Liu Jun’s defense statement.

This was because, as the public prosecutor in this lawsuit, Guan Tong was also a relatively proficient prosecutor with regard to duty related crimes.

He knew where Liu Jun’s purpose lay in making this defense, and also knew how to respond to Liu Jun’s kind of defense.

Therefore, he began his statement: “Presiding Judge…… our side does not agree with the statement of the defendant side’s representative lawyer.”

“The first point is that, according to high probability, where the evidence of both sides is insufficient, the adjudication should lean toward the side whose evidence is relatively more sufficient.”

“With regard to this concept, the representative lawyer of the defendant side has clearly and intentionally blurred this concept.”

“And he has completely ignored objective causes, using Qian Wei’s subjectivity to conduct the demonstration.”

“What I first do not understand is why the lawyer for the litigated side’s representative wishes to conduct the demonstration on the basis of Qian Wei’s subjectivity?”

“And believes that Qian Wei’s subjectivity was not intentional?”

“But if Qian Wei’s subjectivity was not intentional, then why, in the hearing, did he only adopt the viewpoint of the plaintiff side, while not adopting the viewpoint of the defendant side?”

“According to what the accusing side has described, with regard to Chen Meixia’s statement after being struck down, does this not violate common sense?”

“But why did Qian Wei intentionally ignore this point in the hearing and not adopt it, and if he had adopted this point, then could Chen Meixia’s relatively sufficient evidence still have outweighed Zhang Dahu’s relatively sufficient evidence?”

“On this point, if Zhang Dahu’s relative sufficiency were greater, then would it still be possible to use high probability to determine that Zhang Dahu lost the suit?”

“Would it not be the case that in such circumstances, that determination could no longer be made?”

“According to legal provisions, in the sense of the law, one cannot demonstrate certain facts on the basis of the criminal suspect’s subjectivity, because that is unrealistic.”

“This is because the criminal suspect’s subjectivity will operate toward the purpose of achieving exculpation for himself, and therefore analysis and further adoption must proceed from the objective angle.”

“Then let us analyze and judge Qian Wei’s conduct on the basis of objective facts and reasons.”

“In this case, what are the objective facts and bases?”

“They are that Qian Wei did not agree with the points raised by the other two adjudicators in the collegial panel at that time, namely that whoever makes the claim must produce the evidence and that the evidence was insufficient, and instead himself selected high probability to make the determination.”

“And in the judgment document he made the determination using his own subjectivity.”

“I will speak of only one point.”

“In the judgment document, Qian Wei made one determination: both sides in the hearing did not state that Chen Meixia’s loss of consciousness at that time was caused by her own slipping or tripping, and therefore it was determined that she had been knocked down by another person.”

“If both sides in the hearing made no such statement, can it therefore be determined that she was knocked down by another person?”

“According to the replay of the courtroom live broadcast, the reason no such statement was made was that the point of contention between the two sides was not there.”

“And as a presiding judge, Qian Wei bears a certain duty of summarization, so if he had considered this point, why did he not question both litigating sides about it?”

“Yet in the determination, he employed this point?”

“What caused this point to be formed?”

“Additionally!”

“According to the replay of the courtroom live broadcast, Qian Wei pressed step by step against the defendant Zhang Dahu, and in this process, he even used leading methods in his questioning.”

“As presiding judge, could it possibly be that Qian Wei did not know that leading evidence and statements are unlawful?”

“If all of these factors are combined, then what was the purpose of all the things Qian Wei did?”

“The purpose is all written in the judgment document, namely to make Zhang Dahu lose the suit.”

“Does this not seriously violate the truth of the facts and distort the facts through the judgment?”

“According to the objective facts and proof, is Qian Wei not guilty of perverted judgment?”

“Is he not intentionally distorting the adjudicative facts?”

“Presiding Judge, the prosecution believes that the statement of the defendant side’s entrusted representative is completely an exercise in dwelling on the minor and avoiding the major.”

“It is an attempt to exculpate the criminal suspect Qian Wei, and the subjectivity of the criminal suspect does not possess the conditions for certification nor can it serve as an evidentiary reason in defense.”

“Therefore, the prosecution applies for the dismissal of the defense litigation claims of the defendant side’s entrusted representative.”

“Presiding Judge, our response is complete.”

This entire statement by Guan Tong.

It must be said that, as a public prosecutor, his attack against Qian Wei was extremely fierce.

If this entire passage is summarized, it contains two points:

The first point was that it rebutted Qian Wei’s subjectivity as stated by Liu Jun, and instead proceeded from objective facts to demonstrate Qian Wei’s subjectivity.

The second point was that it raised that Qian Wei had employed leading questioning during the hearing.

And through this point, it further determined that Qian Wei’s subjectivity was intentional adjudication contrary to the facts, thereby violating the law and constituting the crime of perverted judgment.

At the presiding judge’s seat, Ren Yuandong nodded slightly, indicating that he understood this point of defense raised by the public prosecutor Guan Tong.

At the same time.

Su Bai smiled as he looked toward the prosecution’s seat.

Originally, what he had also intended was to rebut from this angle, and the mode of demonstration would have been even more intense, yet unexpectedly Guan Tong had raised it first.

Within the defenses of Liu Jun and Guan Tong.

What both sides primarily relied upon was precisely Qian Wei’s principal subjectivity as the basis of determination.

Although Liu Jun had rebutted his issue, the point he utilized lay in manifesting it through subjectivity.

This subjectivity did not have evidence to prove it.

Therefore, for Guan Tong, rebutting it was relatively easier.

That is, to rebut subjectivity from the side of objective factors, and to use factual evidence to prove it.

In this hearing…

Whether it was he, or the prosecution, or the entrusted representative of the defendant side.

All three sides had unfolded intense defense and rebuttal around this point.

As things now stood…

This hearing would be a very brilliant defense contest.

This caused Su Bai to feel a faint expectation as to what kind of method Liu Jun would next use to exculpate Qian Wei.

Huh…

The three litigation representatives in the hearing all simultaneously looked toward the trial bench.

This also caused Ren Yuandong, as the presiding judge, to feel a certain pressure.

If the defense contents of each side were taken out individually and examined, they all had their own basis.

That meant that all three sides had studied the contents of this hearing and the legal provisions on which it relied very deeply.

If, as presiding judge, the level he displayed was insufficient…

Then he might encounter quite a number of problems.

It was still not easy to determine matters now!

Ren Yuandong silently recited in his heart.