Chapter 91: Court Is in Session! Suing Three Parties, One Against Three! Su Bai: Come on, I Will Fight All Three of You Alone!
After questioning Guo Xiaojun.
Su Bai left the detention center with Li Xuezhen.
At the moment of parting.
Su Bai also instructed Guo Xiaojun that for the time being there was no need to worry about anything, and that he only needed to wait quietly until the second instance hearing began.
Guo Xiaojun repeatedly said: “Understood, Lawyer Su, as long as we can win the case, I will listen to everything you say!”
Su Bai let out a long breath, and after his further in depth communication with Guo Xiaojun.
According to the situation he currently had in hand, winning the second instance posed no major problem.
After all.
Originally, there had already been major problems with this case during the first instance.
It was somewhat similar in type to Wang Li’s Nandu Bank case.
In both cases, an error had appeared during the first instance regarding the definition of the case.
This kind of situation could be well resolved by the time it reached the second instance.
There was no such issue as the second instance losing the case.
Tsk.
Thinking of this Nandu Bank case, it had still been the first case he handled after arriving here.
In the blink of an eye, he had already taken on six major litigation cases, and Su Bai could not help but sigh with emotion.
“This case was litigated rather quickly.”
“In the blink of an eye, it is already nearly the sixth one.”
Su Bai murmured a sentence.
At this time, beside him, Li Xuezhen’s eyes were shining brightly, and her excited Pikachu like blinking became even more intense.
“Lawyer Su, that fourth point you mentioned just now, submitting the review and supervision procedure regarding the first instance adjudicators to the relevant departments, does that mean.”
Su Bai looked at Li Xuezhen, whose small face was filled with excitement.
He could feel the intense excitement in Li Xuezhen’s heart.
Su Bai rubbed his temples.
No, was it not agreed that what had gone crooked would be straightened back?
From the current situation, given the extent to which Li Xuezhen had gone astray, the road to straightening her back out was still long and difficult.
Cough cough.
Su Bai coughed lightly and then spoke: “It does not.”
“Oh.”
Li Xuezhen’s small face immediately fell, and she instantly became dispirited.
Su Bai continued speaking:
“Tell me, which lesson have you learned up to?”
“The seventh lesson.”
“Very well, today I will teach you the eighth lesson!”
“That is, do not suspect and challenge evidentiary presentation when you do not have evidence and sufficient legal argumentation, because once such suspicion is established, you will fall into a mistaken zone and easily create a self imposed trap!”
“Look!”
“According to the current first instance judgment and the evidentiary contents provided in the first instance, the first instance judgment does not have any major problems.”
“The important point in the loss lies in the part where Guo Xiaojun’s wife gave false testimony and in the part where Guo Xiaojun increased the amount of litigation compensation requested.”
“Of course, there is also one very important factor, namely that the lawyer at the first instance was inadequate.”
“Looking at the judgment, there is no problem at all with the judgment.”
“Of course, this does not rule out the possibility that the adjudicators in the first instance committed other unlawful acts, but that must be determined through review and supervision, do you understand?”
“Oh, so that is how it is.”
“All right.”
“Lawyer Su, I understand!”
Li Xuezhen nodded solemnly with her small face.
“So in the future, should we still send judges in or not?”
Su Bai silently recited this sentence in his heart, but did not ask it aloud for the moment.
To straighten Li Xuezhen back out would still require a certain amount of time, and if he asked it now, he could already imagine.
Li Xuezhen would certainly become extraordinarily excited, her eyes curving into crescents, her small face filled with excitement as she said: yes!
Forget it, forget it, take it slowly.
After the litigation application materials and preliminary preparatory work for Guo Xiaojun’s case had basically been confirmed as completed.
Just as Su Bai was preparing to file the appeal, he suddenly received a call from Luo Daxiang.
“Lawyer Su, this case involves the issue of milk powder, and it is a major issue, I think it is possible to apply for a live broadcast of the trial.”
A live broadcast of the trial?
The corner of Su Bai’s mouth slightly rose: “Understood, Teacher Luo!”
An application for a live trial broadcast required three conditions:
First, relatively high public attention, second, relatively great social influence, third, relatively strong significance for legal publicity and education.
Although Guo Xiaojun’s case had not reached the degree of being known across the entire internet, in Beidu its degree of public attention and social influence were both very great.
Especially the third point.
Its significance for legal publicity and education, this case, was highly meaningful for publicity.
Very quickly.
Su Bai prepared the materials and filed an appeal to the Intermediate People’s Court of Lijiang District, Beidu, initiating the second instance and objecting to the first instance judgment.
He accused the witness testimony in the first instance of being perjured testimony, accused Aibao Milk Powder of liability for additional compensation, and requested that the Intermediate People’s Court of Lijiang District, Beidu, retry and re adjudicate the case in the second instance.
At the same time, he submitted the litigation application for a live trial broadcast.
The Intermediate People’s Court of Lijiang District, Beidu, very quickly accepted the case.
Moreover, because the cases were significantly interrelated, it decided to hear them together in a consolidated trial.
After inquiry by the relevant departments, it was determined that the case met the conditions for a live trial broadcast, and approval was granted for the live broadcast.
At the same time, the court directly mailed summonses to the addresses of the accused parties.
When the Aibao Milk Powder enterprise received the court summons, it was somewhat surprised.
Goodness.
You have already been sentenced to five years of fixed term imprisonment, and yet in return you are suing our side and seeking additional compensation from us, this operation of yours is outrageous.
Compensation?
Compensation was certainly impossible.
If we send you in again and have you locked up for several more years, let us see whether you still ask for compensation, it seems that the previous sentence was too light.
The legal affairs department immediately convened a meeting to discuss the case.
“What do all of you think about this case. The other side has already obtained approval for a live trial broadcast, and if we lose this case, then for our enterprise, it will have a major impact.”
“Therefore, we absolutely cannot lose! And we must demand a severe judgment!”
The legal affairs department decided to prepare rigorously to confront this trial.
In addition.
Guo Xiaojun’s wife, Ma Li, also received the court summons, and when she received it, Ma Li was slightly stunned:
???
He is suing me for giving false testimony?!
What does that mean?
For a moment, recalling that letter of accusation she had been asked to write, Ma Li became somewhat panicked, that letter of accusation.
Should have been referring to that matter, right?
Thinking of this.
Ma Li swiftly dialed a phone number: “Director Dong, my husband has sued me!”
On the other end of the phone, Director Dong was slightly stunned, and then said in surprise:
“He sued you? How did he sue you, was Guo Xiaojun not sentenced to five years of fixed term imprisonment? How is he still suing you?”
“Director Dong, I received the court summons today, and it says on it that the litigation party, Guo Xiaojun, is suing me, saying that I gave false testimony.”
“Do not worry, he is only accusing you of false testimony, and what you said was not nonsense, it all had factual basis, if he wants to sue you, what is he thinking?”
Hearing this, Dong Cheng somewhat relaxed and spoke a few reassuring words.
“Do not worry, I have already found a lawyer and asked.”
“It is very difficult for your false testimony charge to be established, as long as you firmly maintain your position and do not let go, it cannot be determined that you gave false testimony.”
“Besides, you were only telling the truth, what is meant by giving false testimony?”
“Do not worry.”
“Your husband will definitely sit inside for several years, had you not long wanted to divorce your husband, does this not happen to make divorce possible, and at that time I will give you another sum of money, and I will also arrange a lawyer for this lawsuit for you, is that acceptable?”
After hearing Dong Cheng’s words, Ma Li’s panicked heart temporarily calmed down.
“All right, Director Dong, I understand.”
After hanging up the phone, Dong Cheng slightly narrowed his eyes, little thing, you still want to sue me?
You still want compensation from me?
I have even bought off your wife, and you want to sue me, what are you going to use to fight me!
Very quickly, after filing the case, the court set the trial date.
Inside the waiting room.
Li Xuezhen’s small face was serious: “Lawyer Su, in this lawsuit, we are going to have to fight one against three.”
“Mm!”
Su Bai nodded, the case was being heard together in a consolidated trial, and indeed it required fighting one against three.
First, against the prosecution.
Second, against Guo Xiaojun’s wife, Ma Li.
Third, against the Aibao Milk Powder enterprise.
One case, fighting three sides, could be said to be rather rare, but it could not be said not to exist.
Su Bai slowly spoke: “Mm, it is indeed one against three, but the key points of this case are only several points, it is not difficult to litigate.”
“The role of the prosecution in this matter is not particularly prominent.”
Li Xuezhen nodded seriously, her eyes filled with expectation.
One against three!
Impressive.
While Su Bai and Li Xuezhen were speaking, very quickly, the relevant staff member walked into the waiting room.
“Hello, Lawyer Su, please come with me.”
“Certainly.”
Su Bai slightly nodded and followed, while Li Xuezhen trotted behind him with quick little steps to keep up.
At the trial scene, after all four sides had entered and taken their seats, the clerk began to read out the court discipline.
“First.”
“Second.”
“Third.”
“Fourth.”
“The court discipline has now been read out, may the presiding judge and adjudicators enter the court!”
All rose.
The presiding judge and two adjudicators walked to the trial bench.
The identity plates at the trial scene from left to right were:
Adjudicator: Feng Sijie. Presiding Judge: Xu Chunxing. Adjudicator: Chen Donghang.
Presiding Judge Xu Chunxing struck the gavel: “Everyone may be seated.”
Rustle rustle rustle.
After all members had taken their seats, Presiding Judge Xu Chunxing struck the gavel: “Court is now in session!”
With the fall of the gavel.
The trial was formally declared open.
On the trial bench, at the seat of the presiding judge.
Bang bang bang!
Xu Chunxing struck the gavel: “The court will now verify the identities of the litigants, the accused parties, and the parties concerned, and now the appellant shall state the identities of the appearing personnel!”
“Understood, Presiding Judge.”
Su Bai slightly nodded and began to state: “The members appearing for the appellant are entrusted lawyers of Nandu Law Firm, Su Bai and Li Xuezhen, and the party concerned, Guo Xiaojun.”
After Su Bai finished stating this, Xu Chunxing again struck the gavel and looked toward the three accused parties: “The three accused parties shall please state the identities of the appearing personnel.”
At the same time, because this was a live trial broadcast, outside the courtroom.
Luo Daxiang was live streaming the related content, and the fans in the live broadcast room were also pursuing the matter with questions.
Teacher Luo, what is the content of this live broadcast of the trial?
That is right!
Question from someone who does not understand, is this some major case?
Luo Daxiang smiled and explained: “Although this case is not very large, the degree of complexity of the case and its representative nature are both very strong!”
“It carries a certain significance for discussion regarding the definition of the crime of fraud in judicial practice.”
Luo Daxiang smiled and explained the entire course of the case in the comment section, and after hearing about the case, people in the comment section could not help but burst into angry denunciation.
What is going on with this case, how did the person who was originally seeking compensation end up in this kind of situation?
This is completely unreasonable, and it does not belong to legitimate conduct or circumstances.
If this were placed on anyone, who would not collapse?
They definitely must appeal properly!
Let the law properly punish this small enterprise, instead of thinking properly about doing business all day, it only thinks about illegal methods, what a trash enterprise, it should close down quickly!
Someone in the comment section immediately stated the name of the enterprise, Aibao Enterprise.
At the same time, this once again triggered intense discussion and a strong desire to boycott among the people watching the live broadcast.
This enterprise is now notorious, everyone should remember this enterprise and carry out boycott actions.
I refuse to believe that so many of us acting together cannot boycott this enterprise!
Boycott it! Let it go bankrupt!
Yes, yes, well said, everyone should boycott it together, and also carefully watch what exactly is going on in this case, and see what the result of this case will be!
Luo Daxiang looked at the comment section and said with a smile: “I will not say much else, I will first introduce the relationships in this case.”
“The litigation party is Guo Xiaojun, and the accused parties are the prosecution, Aibao Milk Powder, and Guo Xiaojun’s wife.”
“This belongs to the typical category of multiple cases being heard together, while simultaneously accusing three parties.”
“As for the rest, I will not say much more, if everyone continues watching, the cause of this case will become clear.”
Luo Daxiang smiled slightly, if Su Bai could truly succeed in this accusation, then with the help of online live broadcasting and the transmissibility of the internet.
Luo Daxiang shook his head and did not continue thinking further.
He very much hoped that Su Bai would win this case.
At the same time.
In the general manager’s office of Aibao Milk Powder, Dong Cheng called in the head of the legal affairs department, and together they watched the live broadcast of the trial, while he asked:
“Can our enterprise win this case?”
The head of the legal affairs department gave a serious assurance: “In this case, the other side is already suspected of criminal liability, and still wants additional compensation, our enterprise will definitely be able to win.”
“Moreover, our lawyer Fang Xuan is proficient in our enterprise’s legal affairs, and there will not be any problems.”
“Director Dong, you can rest assured.”
After hearing the assurance from the head of the legal affairs department, Dong Cheng slightly nodded.
The lawyer he had found for Ma Li was also a first rate criminal litigation lawyer.
“There should not be any problem with this case. Guo Xiaojun should not be able to overturn the case.”
“You want to fight me? No way!”
Dong Cheng silently recited this in his heart.
In the courtroom.
Identity information had already been verified, and Presiding Judge Xu Chunxing struck the gavel with several bangs.
“The identity information of both litigation parties has now been verified, this court has jurisdiction, and this case is heard by the Intermediate Court of Lijiang District, Beidu, do both litigation sides apply for recusal?”
Su Bai: “No objection, and no application for recusal.”
The prosecution: “No objection.”
Wang Manting, the litigation lawyer Dong Cheng had hired for Ma Li: “No objection, and no application for recusal.”
Fang Xuan, the legal affairs lawyer for Aibao Milk Powder: “No objection, and no application for recusal.”
After hearing the responses from all parties, Xu Chunxing slightly nodded.
This court attached great importance to this case, and therefore he, as vice president, was serving as the presiding judge.
Xu Chunxing himself already had a certain degree of understanding of this case, and after confirming that all parties had no objection.
Bang bang bang.
Xu Chunxing struck the gavel: “All parties have no objection to this court hearing the case, and the cause of action is now announced.”
“The cause of action in this case is that the litigation party appeals and requests that the first instance judgment be set aside, provides a defense of innocence for Guo Xiaojun, while also bringing an accusation against Guo Xiaojun’s wife Ma Li for providing false testimony, and furthermore accuses Aibao Milk Powder and seeks compensation.”
“Is the cause of action true?”
Su Bai slightly raised his head and looked toward the presiding judge on the trial bench, then nodded and said:
“Presiding Judge, the cause of action is true!”
After those words fell, the other several parties all slightly frowned.
Guo Xiaojun’s entrusted lawyer had actually accused all three of them at once, which was indeed formidable.
However, none of them paid too much attention to it, because accusation was one thing, and actually winning the case was what constituted real ability.
Therefore, the others also did not take it too seriously.
At the presiding judge’s seat on the trial bench, Xu Chunxing struck the gavel.
Bang bang bang!
“The cause of action is confirmed as true, and next the litigation party shall state its litigation claims, litigation evidence or facts, and legal basis.”
“Understood, Presiding Judge.”
Su Bai slightly nodded, every time litigation claims were stated, it marked the formal beginning of the trial hearing.
Letting out a long breath, Su Bai took out the litigation application that had already been drafted from the litigation materials and said:
“Presiding Judge, our litigation claims are as follows:”
“First: according to the definition of the crime of extortion, our client Guo Xiaojun does not constitute the crime of extortion, and our side requests that the first instance judgment be revoked and that he be determined not guilty.”
“Second: our side believes that in the first instance judgment, the accusation letter produced by the witness who appeared in court, namely our client’s wife Ma Li, is suspected of constituting false testimony, and we request that the court determine the matter of Ma Li giving false testimony.”
“Third: with respect to the harm caused by Aibao Milk Powder to our client’s daughter, our side believes that Aibao Milk Powder should provide civil compensation to our side.”
“Moreover, with respect to the accusations previously brought against our side by Aibao Milk Powder Enterprise, our side believes that relevant personnel of Aibao Milk Powder Enterprise played an intentionally guiding role toward our side, and therefore our side requests that Aibao Milk Powder Enterprise provide a certain amount of compensation to our side.”
“And that responsibility for the relevant responsible persons also be pursued.”
“Fourth: with respect to the previous extortion charge raised against our side by Aibao Milk Powder Enterprise, our side requests that the other enterprise make a public apology to our side, and publicly disclose its improper conduct toward our side, as well as the essential safety problems of its company’s industrial products.”
“Fifth: with respect to the litigation costs generated by our trial, our side requests that they all be borne by Aibao Milk Powder Enterprise.”
After those words fell, the courtroom reacted: ???
What was this?!
Accusing three parties at once, and the litigation claims raised were this explosive!
The prosecution did not have much reaction to the litigation claims raised by Su Bai.
However!
The side of Ma Li and the side of Aibao Milk Powder Enterprise reacted strongly.
Because if the litigation proceeded according to the litigation claims raised by the other side.
If they lost.
Then for them.
The consequences they would bear would be entirely unbearable.
However.
In the first instance, Guo Xiaojun had lost the case.
Now, in the second instance hearing, the opposing lawyer had actually raised such “unreasonable” demands.
Did the other side no longer want to win in the second instance?
If the other side lost on these litigation claims, there would not even be any opportunity for sentence reduction.