Chapter 170: You say you are not guilty, so you are not guilty? Presiding Judge: Judgment!

Very soon, the adjournment period ended.

The court session resumed.

The three members of the collegial panel took their seats.

Su Bai slightly raised his head and looked toward the bench, silently thinking in his heart:

As long as the determination of error in the application of law is issued, then this court hearing is almost already close to its conclusion.

If a presiding judge commits an error in the application of law and causes enormous losses to the parties, then regardless of the circumstances, once prosecuted, he must go inside.

The three parties of the court hearing.

All were watching the presiding judge’s seat.

Bang bang!

Presiding Judge Ren Yuandong struck the gavel: “The adjournment has ended, the hearing now continues.”

“According to the defenses of all parties, a determination is now made as to whether there was an error in the application of law in Qian Wei’s judgment in the Zhang Dahu case.”

Qian Wei at the defendant’s seat breathed nervously and stared directly at Ren Yuandong.

He only heard Ren Yuandong speak: “In the Zhang Dahu case, Qian Wei’s judgment against Zhang Dahu very clearly involved an error in the application of law.”

“The basis is as follows:”

“According to the civil evidence proof rule of high probability, judgment is made based on the side whose evidence is relatively sufficient, but in the Zhang Dahu case, according to the relevant evidence and subjective conditions, Zhang Dahu’s side clearly had more sufficient factual basis.”

“It clearly does not conform to high probability.”

“Accordingly, it is determined that in the Zhang Dahu case, Qian Wei applied the law erroneously.”

Bang bang!

After the determination was completed, Ren Yuandong struck the gavel: “Do all parties have any objections?”

Guan Tong very clearly breathed a sigh of relief: “Our side has no objections.”

Su Bai: “Our side has no objections.”

Liu Jun frowned tightly and wanted to express objections, but Chen Meixia’s previous performance meant that even if he spoke, it would be rejected.

“Our side has no objections.”

As Liu Jun’s voice fell.

Qian Wei’s breathing stopped for several seconds, he felt a tightness in his chest, and after taking several deep breaths he recovered, and at the same time he continuously complained in his heart that he should not have asked Chen Meixia to come.

Otherwise, perhaps this matter would not have occurred.

If Chen Meixia had not made such statements at that time, perhaps Su Bai would not have been able to seize the loophole, and the current result would have been completely different.

At this time, Qian Wei’s heart was full of complaints toward Chen Meixia rather than believing that he himself had done something wrong.

After the determination was completed, the reactions of all parties were different, and the court hearing was still continuing.

Bang bang!

“All parties have no objections, then next a determination will be made as to whether Qian Wei’s subjectivity constitutes intent.”

Perverting the law in adjudication, erroneous application of legal basis, violation of factual basis, and the existence of subjective intentional conduct.

After the determination of erroneous application of law.

Regarding the determination of subjectivity, it became relatively much easier.

Su Bai silently thought that there was no longer any problem with this case.

Bang bang!

Ren Yuandong looked toward the prosecution: “Please the prosecution state.”

“Okay presiding judge.”

Guan Tong organized the materials in his hands and spoke:

“The prosecution believes that through objective factual evidence it is shown that Qian Wei possesses the conditions of subjective intent.”

“The specific circumstances include the following two points:”

“First: under the circumstance of knowing that the application of law was erroneous, he still did not listen to the advice of the collegial panel members, did not use the civil litigation regulation that whoever asserts bears the burden of proof to make the determination, but instead used high probability to determine the case, which demonstrates a certain manifestation of subjective intent.”

“Second: there were call records with Li Mu, and during the conversation this case was mentioned, and as an adjudicator he did not conduct timely avoidance, and intentionally contacted relevant personnel of this case, which constitutes subjective intent.”

“The prosecution’s statement is completed.”

After Guan Tong finished speaking, Ren Yuandong again looked toward the defendant’s seat and spoke: “Now please the defendant’s entrusted agent state rebuttal opinions.”

“Okay.”

Liu Jun slightly nodded and raised opposing opinions based on the prosecution’s accusation:

“Regarding the two points of subjective intentional manifestation of Qian Wei proposed by the prosecution, our side does not agree.”

“First, how does the prosecution determine that Qian Wei, under the circumstance of knowing that the application of law was erroneous, did not listen to the advice of the collegial panel and continued to use high probability to determine this case?”

“I do not know how the prosecution reached this conclusion.”

“According to the circumstances shown by the evidence, and the result determined during the court hearing.”

“Qian Wei’s use of high probability indeed constituted erroneous application of law.”

“But under the circumstances at that time, it cannot be said that because his application of law was erroneous, it therefore proves that he was intentional.”

“Is there a possibility that Qian Wei’s adjudication level during the court hearing was relatively poor, or that due to the influence of objective factors, erroneous judgment was produced?”

“Based on the above conditions, our side does not agree with the prosecution’s accusation against Qian Wei.”

“Presiding judge, our side’s statement is completed.”

Bang bang!

Ren Yuandong struck the gavel and placed his gaze on the accusing party’s seat.

“Now please the accusing party supplement.”

“Okay presiding judge.”

After listening to the mutual defenses between the prosecution and the defendant’s entrusted agent, Su Bai smiled.

The issues raised by the prosecution struck directly at the key points.

And the rebuttal made by the defendant’s side only rebutted the prosecution’s first point.

The rebuttal indeed had certain reasoning, but regarding the second point he did not mention a single word.

Why did he not mention the second point?

Because regarding the second point, the defendant’s litigation agent also knew that it could not be rebutted at all.

Regarding this layer of relationship, Su Bai spoke:

“Our side’s statement is very simple, that is to ask the defendant and the defendant’s entrusted agent several questions.”

“Did Qian Wei know the relationship between Li Mu and Chen Meixia? Since this case was discussed, then he must have known this relationship.”

“According to what the prosecution’s investigation learned, the private relationship between Qian Wei and Li Mu was relatively good, why did Qian Wei, after learning that Li Mu had a relationship with the parties of this case, not immediately adopt the avoidance principle?”

“Was it because of personal relationships?”

“And the most important point is why did Qian Wei not listen to the advice of the collegial panel members, make an erroneous judgment, and use high probability?”

“In this determination of intentional subjectivity.”

“First there was the fact that Qian Wei communicated with Li Mu and did not adopt avoidance, and afterward he made an erroneous judgment.”

“Rather than making an erroneous judgment first and only afterward becoming acquainted.”

“Between these two there exists a sequence of causal relationship, rather than reverse causal relationship.”

“As a presiding judge, he adjudicated many cases, and the litigation agent said that Qian Wei’s adjudication level might be relatively poor and there might also exist certain influences of objective factors.”

“However, even if Qian Wei’s adjudication level was poor, he still served as presiding judge for such a long time, should he not understand the most basic principles?”

“And moreover there were opinions raised by the other two collegial panel members, which he did not adopt, can this be concealed merely by saying his adjudication level was poor?”

“Why after Li Mu and Qian Wei communicated by telephone did Qian Wei make such a determination?”

“In addition, regarding the existence of certain objective factors, I very much want to know what objective factors the defendant’s agent refers to.”

Su Bai’s gaze fell on Liu Jun, and Liu Jun remained silent for several seconds.

Regarding the matter of the telephone call, he indeed could not rebut it, because Qian Wei indeed did not adopt the avoidance principle, and he also knew what the essence and reason of this case were.

In essence it was Qian Wei’s personal relationships, originally he confidently believed that nothing would happen, but he did not expect that this time he overturned.

If he wanted to rebut based on this point it would be very difficult.

Therefore Liu Jun only rebutted the prosecution’s issue and did not guide the topic toward this aspect.

In the supplementary statement, Su Bai directly pointed out this issue.

It indeed was very difficult to answer.

In fact.

The most important point of this case was whether the application of law was erroneous.

As for subjectivity?

The defense point regarding subjectivity was not particularly important.

Because the case had already been prosecuted, regarding subjectivity, the members of the collegial panel presumably already had a tendency.

If the defendant could not produce sufficient evidence and factual proof as well as supporting materials.

Then regarding the determination of subjectivity, the collegial panel could directly determine intent.

Moreover in Qian Wei’s case.

Various indirect proof and direct proof formed a complete chain of evidence, and it was not based on a single piece of evidence to accuse Qian Wei of subjective intent.

Therefore it was very difficult to rebut.

Regarding this point, Liu Jun understood very clearly.

After remaining silent for several seconds, Liu Jun then slowly spoke:

“To determine whether Qian Wei’s subjectivity was intentional, although it must be based on objective aspects, Qian Wei’s subjectivity is also extremely important.”

“Otherwise it would easily cause a wrongful case and wrongly convict a good presiding judge.”

Su Bai: ????

What kind of statement is this?

It would easily cause a wrongful case and wrongly convict a good presiding judge?

What is the purpose of saying this?

Is this to believe that the accusation against Qian Wei is a wrongful conviction?

Tsk.

Su Bai immediately made a rebuttal:

“Then I would like to ask the litigation agent, from Qian Wei’s perspective, his subjectivity is very important, but if he only says that he was not intentional, does that negate objectivity?”

“Then what about the cases that he wrongly adjudicated?”

“What should be done about the parties in the cases that he wrongly adjudicated?”

“After all, when Qian Wei made his judgment, he did not even follow the legal provision that whoever asserts bears the burden of proof and the situation of insufficient evidence, but only relied on the proof rule to determine that Zhang Dahu should bear responsibility.”

“For this case, did he care whether it was a wrongful case?”

“During the period when Qian Wei served as presiding judge, did he consider what kind of impact an erroneous judgment would cause to the parties?”

“Without relying on objective evidence, then what should be relied upon? Should it rely on Qian Wei himself saying that he is not guilty, so it is determined that he is not guilty?”

“If that is the case, then what is the need for evidence?”

Facing Su Bai’s questioning.

Liu Jun did not continue to speak.

And at the bench, Ren Yuandong struck the gavel and looked toward the defendant for questioning.

“Defendant Qian Wei, regarding the evidence presented against you by the prosecution and the accusing party, do you have any objections to the above objective factual proof?”

Qian Wei shook his head: “Presiding judge, I no longer have any objections.”

The accusations of the prosecution and the accusing party were based on evidence and factual proof, and he indeed had nothing further to rebut.

Only after experiencing the defenses in this court hearing, Qian Wei also realized that the litigation defense of this court hearing had already reached the final stage.

He took a deep breath and looked toward the bench.

After Presiding Judge Ren Yuandong looked around the courtroom.

He struck the gavel.

“Do all parties have any objections to the above defense content or do they have other defense opinions to raise?”

Guan Tong: “No objections, no other defense opinions.”

Su Bai: “No objections.”

Liu Jun frowned: “No other defense opinions.”

Bang bang bang!

“All parties have no other defense opinions, it is now determined that Qian Wei’s subjectivity is determined as intentional.”

Bang bang!

“Do all parties have any objections?”

All three parties stated that they had no objections to this determination.

At the defendant’s seat, Qian Wei looked dejected, and his gaze fell on his entrusted seat.

Liu Jun noticed Qian Wei’s gaze, but did not speak and did not express any emotion.

In this case, he had already done his best, and the only thing to blame was that during the initial first determination, Qian Wei did not grasp it well.

Seeing this, Qian Wei felt extremely regretful in his heart, and looked toward the bench, not knowing what he was thinking in his heart.