Chapter 173: New Criminal Facts, Second Instance: Sentence Increased!

Regarding Qian Wei’s filing of a second-instance litigation, the Provincial High Court very quickly agreed to the request for a second-instance proceeding.

However, the location of the trial was not at the Provincial High Court, but rather it was remanded to the court of first instance for retrial.

The Changshi Intermediate People’s Court responded very quickly regarding the retrial of this case and determined the hearing time.

After determining the hearing time, on the eve of the hearing.

Guan Tong also specially notified Su Bai and asked Su Bai to come and take a look at the judgment of the second instance.

Su Bai agreed, and on the day of the hearing, brought Li Xuezhen to the observation gallery seating.

Originally Su Bai only intended to bring Li Xuezhen, but unexpectedly, Li Xuezhen proactively proposed to bring the small bun hairstyle Wang Kexin.

“Lawyer Su…”

“Our law firm’s Wang Kexin also wants to go and take a look at this second instance and wants to come along together, I wonder whether it is possible?”

For observation.

Going with several people did not matter, it could all be regarded as learning.

After greeting Xu Xiang and confirming that bringing Wang Kexin, this intern lawyer, would not affect Xu Xiang’s work progress.

Su Bai brought Li Xuezhen and Wang Kexin together to the Changshi Intermediate People’s Court, which was also the original court of first instance.

After taking their seats.

The excited expression on Wang Kexin’s face was not much less than that of Li Xuezhen.

It was only that the light in her eyes was not as clear as that of Li Xuezhen.

Su Bai: …

Only at this time did Su Bai understand why Li Xuezhen proposed bringing Wang Kexin together.

So it turned out that they were developing the small team of sending people inside, correct?

Coming together to witness the moment when the presiding judge was sent inside?

Tsk tsk…

Su Bai rubbed his brow, if this continued to develop like this, then in the future would not everyone in the law firm become led astray?

If the upper beam is not upright, the lower beam becomes crooked.

Bah!

Not correct!

What does this have to do with him?

This tendency was clearly led astray by Li Xuezhen!!

Li Xuezhen: I previously also did not know that Kexin was actually a fanatical fan of sending people inside…

However regarding these matters, Su Bai did not pay too much attention.

In this hearing, they were observers and did not participate.

Only…

This small team of sending people inside must not expand further!

At this time, Liu Jun at the litigation party seating noticed Su Bai at the observation seating.

Liu Jun slightly frowned, his gaze fell on Su Bai’s face for approximately five seconds, and then withdrew his gaze again.

For this hearing, he had prepared very sufficiently, it could be said that he had nine chances out of ten of success.

He would definitely win the litigation.

Definitely win?

Su Bai noticed Liu Jun’s gaze, slightly shook his head, and focused his attention on the hearing.

After all parties had entered.

The hearing began.

After the presiding judge briefly explained matters regarding the hearing and other matters.

The litigation party and the prosecution began to present the litigation application.

Liu Jun directly conducted a defense of innocence, and the most critical piece of evidence presented was:

A witness.

The witness was the person who at that time saw Zhang Dahu help Chen Meixia up and escort her to the hospital.

Through the perspective of the witness, to further determine that Zhang Dahu was the person who knocked Chen Meixia down.

On this basis, to overturn the determination regarding Qian Wei’s perversion of adjudication.

Because the most important point in determining that Qian Wei perverted adjudication was that the judgment deviated from facts.

If the court determined that Zhang Dahu truly knocked Chen Meixia down, then Qian Wei’s judgment would not be deviation from facts.

Naturally the public prosecution accusation would be lifted.

Based on this point, Liu Jun even raised doubts regarding the prosecution’s litigation in the first instance.

Regarding this point, could Guan Tong tolerate it? Certainly he could not tolerate it!

You foolish fellow!

Finding a passerby as a witness and then coming to question the prosecution, are you joking?!

Guan Tong could confirm that Zhang Dahu did not knock anyone down, and factual evidence had already shown that Qian Wei’s problems were extremely serious.

He brought a passerby to testify.

It was unknown what reminders and instructions had been given.

The passerby firmly insisted that Zhang Dahu helped the person up, and then Liu Jun inferred through various details that Zhang Dahu knocked the person down.

To put it plainly.

There was still no direct evidence, and a single piece of evidence could not form an evidentiary chain.

Furthermore, Guan Tong through questioning the passerby about some detailed issues.

The passerby as a witness spoke vaguely, contradicted himself before and after, and expressed unclearly.

Later, naturally the witness testimony of the passerby was determined to be invalid.

But after this hearing underwent Liu Jun’s round of argumentation, there still existed the possibility of a suspended sentence, when the presiding judge asked both parties whether they would submit new evidence.

Guan Tong simply stopped concealing.

He directly submitted the collected evidence to the hearing.

“Presiding judge, regarding Qian Wei, our side submits three new pieces of evidence.”

When Guan Tong spoke.

Liu Jun: ?!!

Three what? Three new pieces of evidence?!

Guan Tong did not pay attention to Liu Jun’s reaction and continued speaking:

“The three new pieces of evidence submitted by our side are as follows:”

“The first is the incident collected by the prosecution regarding Qian Wei receiving valuable gifts in the Wang case.”

“The second is that in the Xu case, the prosecution learned that Qian Wei had illegal and criminal facts.”

“The third is that in the Yu case, the prosecution obtained certain key adjudicative evidence.”

“Based on the above, Qian Wei formed new criminal facts.”

“Our side requests the collegial panel members to make determinations regarding this.”

Afterward, Guan Tong handed the relevant evidence to the staff member beside him.

The staff member beside him handed the evidence to the collegial panel members.

After confirming the relevant evidence, Guan Tong continued speaking:

“According to the provisions in Article 399 of the Criminal Law and the provisions of Article 385.”

“Because the crime of bribery under Article 385 was committed, and at the same time the crime of perverting adjudication under Article 399 was committed, punishment shall be determined according to the provision with the heavier penalty.”

“Furthermore according to the final provision in Article 237, if there exist new criminal facts, then the court may conduct increased sentencing.”

“Therefore the prosecution side proposes increased sentencing and recommends sentencing of five years of fixed-term imprisonment.”

After speaking, Guan Tong looked toward the presiding judge’s seat.

These evidentiary sources were all found under the comment section of the short video account of the Nandu Baijun Law Firm.

At that time the situation was that Li Xuezhen noticed the short video comments and notified Su Bai.

Su Bai at the first moment contacted the person who commented in the comment section that this presiding judge Qian Wei had perverted adjudication.

Then he handed the relevant information to Guan Tong for verification and review.

Within only this short period of time, it was determined that there were three adjudicative cases with clear evidence in which Qian Wei perverted adjudication and had other criminal facts.

Although it was only said that three adjudicative cases with clear evidence were determined, in fact the cases that Su Bai understood numbered at least around eight.

It was only that the other several cases did not possess clear evidence.

Eight cases!

One unfair adjudication in a hearing causes harm to the parties and constitutes a loss of credibility.

Then how many people were affected by eight cases facing this kind of situation?

Moreover what Qian Wei did was far more than these eight cases.

According to Su Bai’s estimation, during Qian Wei’s tenure as presiding judge, the civil litigation cases he presided over numbered no fewer than several hundred.

Among these several hundred adjudicated cases, how many adjudications were made by Qian Wei based on his own subjectivity?

Among these cases adjudicated based on his own subjectivity, how many people would develop negative impressions regarding the credibility of the Nandu grassroots court adjudications?

What was the final resulting outcome?

The final resulting outcome was that Qian Wei, relying solely on his own power, negated the efforts of many workers striving for the fair construction of law.

For such personnel who damage the fairness of law.

Such persons should be severely punished!

As for Qian Wei wanting to reduce his sentence and achieve innocence or a suspended sentence?

Dreaming!

After the collegial panel members understood and confirmed the relevant evidence, they handed the evidence to Qian Wei.

After Qian Wei saw these three powerful pieces of evidence, his entire face collapsed at once.

Liu Jun’s brows were tightly furrowed.

The litigation of the second instance would definitely lose.

Now what he could do was make Qian Wei be sentenced less.

Therefore his statement aspect argued from the above principle of not increasing punishment.

Regarding this point, Guan Tong also conducted sharp counter-argument.

“According to Article 237 of the Criminal Procedure Law, the above principle and restriction of not increasing punishment.”

“In cases heard by second-instance courts where the defendant or his legal representative, defender, or close relatives file an appeal, the second-instance court shall not increase the defendant’s criminal punishment.”

“The condition under which the second-instance court remands the case to the original court for retrial is that unless there exist new evidentiary conditions, if there exist new criminal factual bases, increased sentencing may be conducted.”

Regarding this provision.

The most critical key point was whether these evidences proved that Qian Wei formed new criminal facts.

The answer was affirmative.

However regarding this point, Liu Jun and Guan Tong again expressed their respective different opinions.

Only.

Whether from the perspective of evidence or from the perspective of legal application and interpretation.

Qian Wei very clearly formed new criminal facts.

The court’s determination regarding this was also that according to these three new evidences, Qian Wei formed new criminal facts.

After determination ended.

Regarding the second-instance result of Qian Wei, it was also considered concluded.

The final courtroom statement conducted by Liu Jun appeared especially pale and powerless in the face of absolute evidence and factual bases.

All rose, and the presiding judge began to announce the hearing result.

Announcement!

“Upon deliberation and decision by the collegial panel, Qian Wei possesses new criminal factual bases, combined punishment for several crimes, Qian Wei is sentenced to four years and six months of fixed-term imprisonment!”

Four years and six months of fixed-term imprisonment.

When the dull sound of the gavel echoed throughout the entire hearing, Qian Wei’s entire face appeared especially pale.

The result of the second instance was completely different from what he had expected.

The prosecution submitted new factual evidence, not only did he not receive reduced sentencing or a suspended sentence, he even received increased sentencing of one year!

This second-instance judgment could be said to have already fixed his four years and six months of fixed-term imprisonment.

Wanting to appeal again was no longer possible.

Facing this situation, Qian Wei held his pale face with both hands, and in his heart it was unknown what he was thinking.

Su Bai sat in the observation seating and noticed Qian Wei’s behavior, and there was not a single ripple in his heart.

In Qian Wei’s heart now he should be regretful.

It was unknown whether he regretted that by doing this he caused so many parties to suffer legal unfairness.

Or whether he regretted that after serving four years and six months, when he came out again he would no longer have a good retirement life.

Of course, the possibility of the latter was greater.

And Liu Jun’s expression was calm, he slightly shook his head, arranged the litigation materials, and left the hearing site.

For this hearing, he had already discussed with Qian Wei that no matter what, he had already done his utmost.

The prosecution presenting new evidentiary materials was beyond everyone’s expectations, the money he should receive he received in full, therefore whether the litigation was won or lost had nothing to do with him.

Receiving money to handle matters.

Regardless of whether the matter was handled successfully, it did not have much relation to him.

At the moment of announcement.

The most excited should still be the two at the observation seating.

Li Xuezhen and Wang Kexin.

One pair of eyes stared tightly at Qian Wei, and excited light burst forth from the gaze.

The other’s small bun hairstyle shook wildly.

The two standing together had a feeling of being very well matched.

And at this time, Wang Kexin extended three fingers, then changed to four fingers.

Li Xuezhen extended one finger, then bent it downward.

Su Bai: ???

You are excited, I know and can understand, it is because you wanted to see Qian Wei receive increased sentencing, and after the judgment increased Qian Wei’s sentence, you feel very happy from the bottom of your hearts.

But what does extending fingers mean?

Su Bai indicated that he already somewhat could not understand.

Fortunately, at this time, Guan Tong had already organized the relevant litigation materials and came in front of Su Bai.

He let out a heavy breath, and the expression on his entire face appeared especially relaxed.

It could be seen that after sending Qian Wei, this presiding judge who damaged the fairness of law, inside, even the strands of Guan Tong’s hair were filled with a feeling of excitement.

He should have used Rejoice shampoo.

Su Bai silently thought in his heart.

“Lawyer Su, this hearing is finished! Four years and six months, the second instance has concluded, this judgment regarding Qian Wei should no longer have any other problems.”

“It is no longer possible to appeal again or initiate supervisory review!”

“This also still depends on Lawyer Su, the three new pieces of evidence you provided, otherwise this hearing really might have allowed that Liu Jun to obtain a suspended sentence.”

Su Bai smiled:

“If it were not that this Qian Wei himself, when making judgments, relied on personal subjectivity in adjudication or in so many adjudicated cases, produced so many errors.”

“It would also have been impossible to have so much evidence.”

“However, a person like Qian Wei adjudicated so many cases while occupying the position of adjudicator, he truly was fortunate.”

“Mm, it was also not fortune, mainly this fellow was very clever when making judgments.”

Su Bai and Guan Tong discussed this case with each other.

However they did not talk for very long.

After the second-instance judgment regarding Qian Wei ended, Su Bai brought Li Xuezhen and Wang Kexin back to Baijun Law Firm.

Along the way.

Li Xuezhen and Wang Kexin appeared as if they wanted to communicate but did not dare to communicate too deeply.

Su Bai silently observed this in his eyes and did not speak.

Inside the office.

Hiss.

Su Bai took a deep breath and brought Li Xuezhen to the Nandu prosecutorial supervisory review department.

The staff member who received Su Bai was still the same one as before.

After that staff member saw that Su Bai had come, he smiled and greeted him.

“Work has come again?”

“Yes!”

“Work has come.”

“Mm, first fill out this form, last time it was the crime of perverting adjudication, this time what is it?”

“The crime of obstructing justice.”

Staff member: ????