Chapter 93: Defeating Two Parties, Determination: Aibao Defeated, Netizens: Send Them In, Send Them All In!
The first instance judgment.
Not only rejected Guo Xiaojun’s appeal request.
But also determined that he had committed extortion, and sentenced him to five years of fixed term imprisonment.
As a result, he lost his job, his daughter’s health was also lost, and moreover he himself endured this enormous injustice.
In the final analysis, the first instance judgment for him could be summarized in only one word: unjust.
Facing the determination of Presiding Judge Xu Chunxing in the second instance, at this time Guo Xiaojun’s heart was filled with excitement.
Of course, he not only wanted to thank the presiding judge, but also wanted to thank Su Bai.
After all.
If it had not been for Su Bai’s defense for him in court, if it had been another lawyer, there might not necessarily have been such a result.
Guo Xiaojun directed his gaze toward Su Bai, his eyes filled with gratitude, and Su Bai slightly smiled and nodded in response.
At present it was only one against three, and the prosecution had already been addressed.
However.
This was only the most basic part of this litigation.
To win the case.
Then one had to exert full effort, there were still two parties remaining.
The remaining two were the key points.
At this time, Wang Manting, this old pettifogger, after hearing the presiding judge’s provisional determination, felt somewhat uncomfortable in his heart and let out a long sigh.
All right.
The bonus that Dong Cheng had promised him was gone.
However, there was still hope.
Only.
That trainee lawyer on the opposite side had been staring at him all along.
He always felt that there was something somewhat strange, an uncomfortable and unnatural feeling.
Forget it.
It was probably intended to disturb his mentality, some minor pettifoggers liked to disturb people’s mentality in this way.
Wang Manting did not pay too much attention to it in his heart, slightly adjusted his emotions, and prepared to continue the trial proceedings.
Outside the courtroom.
In Luo Daxiang’s live broadcast room of the trial, the viewers were also excited after hearing this provisional determination.
This presiding judge’s determination is truly a good determination, that presiding judge in the first instance really did not know how he judged the case and actually determined the party to be guilty.
Justice, although it arrived late, has ultimately arrived.
At least from now on there is some hope.
But now what use is it that justice has arrived?
Now the party has already lost far too much.
Well said, now that justice has arrived it indeed does not have too much use, just as that Lawyer Su said earlier, delayed justice is not justice!
It is necessary to make the enterprise involved receive the punishment it deserves, only then can it truly be considered that justice has arrived!
Yes! Support!! And I think that the relevant personnel should all be sent in!
Damn! That sounds good, send them in, send them all in!
Looking at the direction of the comment section becoming increasingly extreme, Luo Daxiang smiled and explained, and brought the direction of the comment section back:
Regarding this, what is said later in the comment section is somewhat too extreme, the judgment of the first instance indeed was not very reasonable, but it has not yet reached the extent of sending the adjudicators in.
Please remain rational.
We also know that it is not very likely, but we are only venting the resentment in our hearts.
After all, if cases were judged like the first instance judge judged, then how wronged some innocent people would be, we are only complaining.
Luo Daxiang smiled and nodded, then spoke: “Everyone may indeed complain.”
“However, regarding this determination, what was said during the trial was already sufficiently clear, I will supplement why the presiding judge made this determination.”
“The most crucial reason why the presiding judge of the second instance determined Guo Xiaojun not guilty is that there was no strong evidence to prove that Guo Xiaojun was suspected of extortion.”
“The difference between the second instance determination and the first instance determination lies in the issue of evidence, the condition relied upon in the first instance determination was Guo Xiaojun’s subjective intention in requesting compensation, and also the written accusation of his wife Ma Li.”
“The determination of the second instance rejected the determination of the first instance, that is to say, these pieces of evidence cannot serve as direct evidence of Guo Xiaojun’s extortion.”
“At the same time.”
“This determination also laid a certain foundation for the subsequent series of accusations by the litigation party, namely Guo Xiaojun’s accusation against his wife Ma Li, and his accusation against Aibao Milk Powder.”
Comment section: The people sitting in the accused seats are irritating to look at, especially Guo Xiaojun’s wife, send them all in!
Looking at the comments in the comment section, Luo Daxiang spoke with a smile:
“Whether they can be sent in mainly depends on the adjudication result of the trial, all right, the explanation of the adjudication regarding the litigation party’s accusation against the prosecution has been completed, let us continue watching.”
At the same time.
In the office of the general manager of Aibao Milk Powder.
Dong Cheng looked at the presiding judge’s determination regarding Guo Xiaojun in the courtroom, slightly narrowed his eyes, and did not speak.
However, in his heart he was burning with anger.
The determination that Guo Xiaojun was not guilty meant that all of his earlier efforts had been wasted.
Moreover.
Subsequently it would also cause a certain impact upon his enterprise.
This impact was very great.
The determination that Guo Xiaojun was not guilty had already become a fact, however.
Subsequently there absolutely must not be any further unexpected complications.
Dong Cheng silently recited this in his heart.
In the courtroom.
Su Bai directed his gaze toward the litigation seats of Ma Li and Wang Manting.
One against three.
At present the prosecution had already been addressed, and what remained was the accusation of Ma Li’s false testimony and the issue of compensation against Aibao Milk Powder.
With respect to the compensation issue concerning Aibao Milk Powder, this was not difficult, because the facts had already occurred, and Aibao Milk Powder indeed bore the issue of compensation responsibility.
The evidence was all present.
The other side had no room for argument, unless they spoke nonsense.
But if they spoke nonsense.
That would be very interesting.
The difficulty in claiming compensation.
Was nothing more than the issue of whether the amount of compensation was more or less, and if it could be obtained, then it should be obtained as much as possible, success in the case was certainly already a foregone conclusion.
The key point lay in.
The issue of determining Ma Li’s false testimony.
This was the principal litigation point of the next stage of the trial.
Of course, whether Ma Li could ultimately be determined to have committed the crime of false testimony.
Still depended upon the presiding judge’s interpretation of the legal provisions and the accusation made by their side.
After noticing Su Bai’s gaze, Ma Li spoke softly:
“Lawyer Wang, the opposing lawyer is so formidable, we will not lose the case, will we?”
“I do not want to be sent in.”
Wang Manting smiled and said:
“Rest assured, your accusation does not constitute false testimony, how could you be sent in?”
“I have already understood this case, there should not be any problems.”
Should not.
After hearing these two words, Ma Li felt somewhat uneasy in her heart.
“I hope so.”
The trial continued.
On the trial bench, at the seat of the presiding judge, after completing the determination and hearing Guo Xiaojun’s thanks, Xu Chunxing slightly nodded: “The trial continues!”
“This court will summarize the three points of dispute in this trial.”
“First, regarding whether Guo Xiaojun constituted extortion, this court has already stated and determined this matter, and it will not be further elaborated here.”
“If any party subsequently has objections to this, they may raise them during the trial proceedings, but relevant factual evidence and legal basis must be provided!”
“The second point concerns the issue of Guo Xiaojun’s accusation that his wife Ma Li provided false testimony.”
“The third concerns Guo Xiaojun’s claim for compensation against Aibao Milk Powder.”
After Presiding Judge Xu Chunxing completed the general summary of the issues, he slightly raised his head and looked toward the litigation party’s seat:
“Litigation party, do you have any objections to the issues summarized by this court?”
“Presiding Judge, our side has no objections.”
Su Bai spoke.
Xu Chunxing’s summary was very appropriate, and there were no major problems.
“Very well!”
Bang bang!
Xu Chunxing struck the gavel: “Since the litigation party has no objections.”
“Litigation party, this court needs to confirm, what is the amount of compensation you are applying for against Aibao Milk Powder?”
In response to the presiding judge’s question, Su Bai had already prepared the relevant compensation materials and directly spoke:
“Presiding Judge, due to the unfounded accusation by Aibao Milk Powder against our side, our side lost employment, which caused our side to suffer enormous economic and psychological damage, in addition to the medical compensation expenses arising from our client’s daughter’s consumption of the milk powder.”
“According to the relevant legal provisions, our side applies for Aibao Milk Powder to compensate our side in the amount of 1,785,696 yuan and five jiao.”
Fang Xuan, the legal affairs lawyer of Aibao Milk Powder: .
This compensation amount even has yuan and jiao, why not calculate it down to fen as well?
Bang bang bang!
Xu Chunxing again struck the gavel: “This court has already understood the litigation party’s compensation application, does the accused party Aibao Milk Powder have anything to state?”
Fang Xuan was an enterprise legal affairs lawyer who had practiced for many years and specialized in economic compensation matters, and regarding the request raised by Su Bai, Fang Xuan immediately raised an objection.
“Presiding Judge.”
“Our side has objections.”
Bang bang bang!
“What is the point of disagreement in the objection? Please have the accused party state it.”
“Understood, Presiding Judge.”
Fang Xuan slightly arranged the materials before him and then spoke:
“With respect to the compensation application raised by the litigation party against our enterprise.”
“With regard to the claim raised by the litigation party that because they suffered accusations from our side they lost employment and suffered psychological and economic losses, and therefore seek compensation from our side.”
“With respect to this point, our side raises objections.”
“First: the accusation raised by our side was directed toward protecting our lawful rights and interests, and was not specifically directed at Guo Xiaojun as an individual party.”
“Second: our side merely carried out case filing, while the investigation and adjudication of the case do not fall within our authority, therefore with respect to the request raised by the litigation party requiring our side to provide compensation, this is clearly unreasonable.”
“Because the other party being sentenced and losing employment, as well as the psychological losses suffered, have no relation whatsoever to our Aibao enterprise, our side merely lawfully protected our lawful rights and interests through legal channels.”
“Our side requests rejection of the claim that our side should bear compensation responsibility for the psychological and economic losses suffered by the litigation party.”
Bang bang bang!
Xu Chunxing slightly frowned, then looked toward the litigation materials before him and struck the gavel.
“Litigation party.”
“With respect to the accused party Aibao Milk Powder, do you have anything to state?”
“Can your side prove that the psychological losses suffered by your side due to being accused, or the loss of employment, have a direct connection with Aibao Milk Powder?”
Facing the presiding judge’s inquiry, Su Bai slightly adjusted his suit.
Fang Xuan’s statement indeed had a certain legal basis.
Its general meaning was.
Aibao Milk Powder was protecting its own rights and interests.
There was no intention to deliberately cause Guo Xiaojun to lose employment.
Your loss of employment and the psychological harm suffered have no relation whatsoever to our enterprise.
You should not claim compensation from our enterprise.
What Su Bai needed to prove was that the two had a certain direct causal relationship.
To put it more directly, what Su Bai needed to prove was that Aibao Milk Powder maliciously accused Guo Xiaojun of extortion.
With respect to this.
The corners of Su Bai’s mouth slightly rose.
Since he had proposed compensation with specific yuan and jiao amounts, it had been calculated strictly.
After taking out a sheet of material from the litigation materials, Su Bai slowly spoke:
“Presiding Judge.”
“In the first instance, among the conditions for determining that our side committed extortion, there was one point, namely that our side proposed a compensation demand.”
“According to the statement of our client, our side proposed the compensation demand because we were influenced by the enterprise informing us that the compensation amount could be negotiated.”
“However, after Aibao Milk Powder clearly informed our side that the compensation amount could be negotiated, it then in turn accused our side of extortion in court.”
“Our side may subjectively determine that this constitutes a malicious accusation by Aibao Milk Powder.”
“I would like to ask the opposing lawyer, when our side originally sought compensation of 700,000 yuan, why did Aibao Milk Powder inform our side that the compensation amount could be negotiated?”
“After our side proposed compensation of 5,000,000 yuan, it then in turn accused our side of extortion in court?”
“Does this not constitute a form of malice? From the conditions for determination it may be seen that Aibao Milk Powder’s malicious guidance had a certain effect upon the judgment.”
“Therefore.”
“Our side hereby determines.”
“That Aibao Milk Powder had a certain influence and connection with respect to the first instance judgment against our side.”
“Presiding Judge, our side’s statement is complete.”
Su Bai concluded his statement.
On the trial bench, at the seat of the presiding judge, Xu Chunxing flipped through the litigation materials, his gaze passing over Su Bai at the litigation party’s seat, and then looking toward Fang Xuan at the accused party’s seat.
“With respect to the statement of the litigation party, does the accused party Aibao Milk Powder’s counsel have anything further to state?”
Facing the presiding judge’s inquiry, Fang Xuan rubbed his brow.
With respect to this issue.
He truly did not find it easy to answer, because according to the line of argument he had just presented, Guo Xiaojun lost his employment as a result of the first instance judgment.
He suffered certain psychological losses, but this had absolutely no relation to Aibao Milk Powder enterprise.
However.
Immediately afterward, Su Bai raised the issue of the connection between them.
And raised the topic of malicious accusation by Aibao Milk Powder enterprise.
If he continued defending according to this topic.
Then at that time.
It was estimated that the consequences for Aibao Milk Powder enterprise would be far greater than at present.
Moreover.
Fang Xuan understood that the legal direction he specialized in concerned enterprise debt and economic dispute issues.
With respect to criminal law, it could not be said that he understood nothing, but rather that he was not proficient.
He always felt that if he continued defending along this topic, he would continue falling into a trap.
Therefore.
He directly stated: “Presiding Judge, our side has already completed its statement.”
Bang bang bang!
Xu Chunxing struck the gavel: “The litigation party and the accused party have conducted argumentation regarding whether Guo Xiaojun’s psychological losses and loss of employment are related to Aibao Milk Powder enterprise.”
“According to the evidence submitted by the law enforcement side and the statements of the party Guo Xiaojun.”
“Aibao Milk Powder enterprise indeed had the matter of preparing to negotiate an increase in the compensation amount with respect to the party Guo Xiaojun.”
“With respect to this matter, does the Aibao Milk Powder side have any objections?”
With respect to the evidence submitted by the law enforcement side, what objections could he have?
Could he overturn it?
Fang Xuan spoke: “Presiding Judge, our side has no objections.”
“Mm!”
Bang bang bang!
“The accused party has no objections with respect to the matter that Aibao Milk Powder previously negotiated an increase in the compensation amount.”
“The court now determines: Aibao Milk Powder’s negotiation regarding an increase in the compensation amount constituted a certain factor that indirectly caused Guo Xiaojun to increase the compensation amount from 700,000 yuan to 5,000,000 yuan.”
“Does the Aibao Milk Powder enterprise side have any objections?”
“Presiding Judge, our side has no objections.”
Bang bang bang!
“Does the litigation party have any objections with respect to this determination?”
Su Bai: “Our side has no objections!”
After these words fell, Su Bai fixed his gaze upon Ma Li’s litigation seat.
This determination had already confirmed the reasonableness of the litigation application he had just raised requesting that Aibao Milk Powder enterprise compensate more than one million yuan.
It was only necessary to wait for the final judgment.
One against three.
At present, two had already been defeated.
Only the last one remained.
The last one.
Su Bai slightly revealed a small white tooth.
At this time Ma Li also noticed Su Bai’s gaze and that small white tooth.
In her heart she could not help but feel a trace of panic.