Chapter 94: Final Judgment, All Requests of the Accused Party Rejected! Sentence of Four Years of Fixed Term Imprisonment Imposed!
How should this be said.
According to the current situation, the lawyer retained by Guo Xiaojun, one against three, had already defeated two.
As for herself as the third.
Could it be.
The more she looked at that small white tooth, the more panicked Ma Li’s expression became.
She knew the actual situation, she had indeed provided false testimony.
Her purpose was to divorce Guo Xiaojun, obtain that sum of money, live her own life, and after the divorce still be able to divide some property.
As for why she wanted to divorce.
Ma Li slightly shook her head and did not continue thinking about it, but instead moved her gaze away and avoided Su Bai’s line of sight.
At the same time.
With respect to the matter of compensation by Aibao enterprise, there had originally been no suspense.
In the live broadcast room, Luo Daxiang only briefly explained what kind of impact this determination would bring to the subsequent judgment, and then allowed the viewers in the live broadcast room to continue watching the trial.
And within the live broadcast room.
With respect to the current trial, everyone reached a consistent view: send that woman Ma Li in.
The general meaning of the crime of false testimony was that the act of false testimony was sufficient to cause another person to receive criminal punishment or a heavier sentence for a lesser crime.
And the most crucial point in accusing Ma Li was to determine whether that accusation letter of Ma Li constituted false testimony.
And also to determine Ma Li’s subjective intent.
To put it plainly.
The general meaning was whether that accusation letter of Ma Li constituted making a false certification with the intention of framing Guo Xiaojun.
The general content of the accusation letter was:
“Guo Xiaojun told Ma Li to demand more money from Aibao Milk Powder, otherwise he would expose the product quality of Aibao Milk Powder.”
From this it was determined that Guo Xiaojun had the subjective intention of extorting Aibao Milk Powder.
Inside the courtroom.
Li Xuezhen rubbed her eyes, her small face excited, and murmured softly: “Lawyer Su is one against three, we have already won against two!”
“There is only the last one remaining!”
Su Bai smiled: “Yes, we have won, only the last one remains!”
“Are the bank transaction flow materials of Ma Li prepared?”
Li Xuezhen’s small face became serious: “Lawyer Su, they have already been prepared!”
“Mm, do your best!”
Su Bai slightly nodded.
This last one was also the most crucial one.
Su Bai looked toward the trial bench, with respect to accusing Ma Li of the crime of false testimony, he did not possess completely conclusive evidence that could definitively convict the other side.
With respect to the determination.
It still depended on whether the presiding judge recognized his legal argumentation and evidence presented during the trial.
As before, this round was a round of doing one’s utmost, doing one’s utmost to send the other side in.
Li Xuezhen’s small face became serious and solemn as she nodded: “Only the last one remains, I must watch carefully.”
“I will do my best to send the other side in!”
Su Bai: ????
As Li Xuezhen was thinking this, her gaze had already unconsciously fallen upon Ma Li.
Ma Li noticed Li Xuezhen’s gaze.
She always had a somewhat unfavorable premonition.
The small white tooth revealed by one of the opposing lawyers and the gaze fixed tightly upon her by the other made her restless, and she involuntarily shifted slightly in her seat.
Wang Manting spoke to comfort her: “There is no need to be so nervous.”
After hearing Wang Manting’s voice, Ma Li then relaxed somewhat and let out a long breath.
On the trial bench, at the seat of the presiding judge.
Presiding Judge Xu Chunxing lowered his head and glanced at the litigation materials, then slightly raised his head and looked around the courtroom before speaking:
“With respect to the three disputed points summarized earlier by this court, two points now have no objections.”
“Now with respect to the final disputed point, the litigation party accuses Guo Xiaojun’s wife Ma Li of suspected provision of false evidence, argumentation shall now be conducted.”
Bang bang bang!
The gavel sounded.
“Litigation party, with respect to your accusation that Ma Li is suspected of providing false evidence, do you have evidence or applicable legal provisions to substantiate this?”
Xu Chunxing directed his gaze toward Su Bai.
With respect to this litigation, concerning the other two disputed points, he had already made preparations in his mind.
In fact, regarding the first disputed point, whether Guo Xiaojun was guilty, Xu Chunxing had originally intended to question the prosecution somewhat and slightly lean toward Guo Xiaojun.
However, Su Bai’s series of questions directly defeated the prosecution.
With respect to the compensation aspect, Su Bai directly controlled the opposing side, which likewise exceeded Xu Chunxing’s expectations.
This Su Bai possessed rich experience with courtroom proceedings.
This caused Xu Chunxing to become curious about this lawyer Su Bai.
At the same time.
After previously understanding the entire case, Xu Chunxing maintained a scrutinizing attitude toward whether Ma Li had provided false evidence.
If Su Bai could not produce strong evidence, or could not render the other side unable to respond.
Then this accusation would not result in a determination that Ma Li had provided false testimony.
The specific situation.
Still depended on Su Bai’s accusation.
However.
Xu Chunxing always felt that this litigation party’s lawyer had a certain degree of confidence in successfully accusing Ma Li of providing false testimony.
Thinking of this.
Xu Chunxing could not help but become interested as he looked toward Su Bai.
One against three, now two had already been overcome, let him continue to see whether the final one could also be overcome.
With respect to this, although Xu Chunxing as presiding judge could not display partiality, he was also very curious about this matter.
“Yes, Presiding Judge.”
At the litigation party’s seat, Su Bai slowly spoke.
“According to Article 305 of the Criminal Law concerning the crime of false testimony, it refers to a witness or other person in criminal proceedings who, with respect to important case related circumstances, intentionally makes false certification, appraisal, or records, with the intention of framing another person or concealing criminal evidence.”
“The punishment is fixed term imprisonment of not more than three years or criminal detention, and where the circumstances are serious, fixed term imprisonment of more than three years.”
“The judicial interpretation of the crime of false testimony is that, with subjective intent, false certification, appraisal, or records are intentionally made to frame another person or conceal criminal evidence.”
After stating the definition and constituent elements of the crime of false testimony, Su Bai continued speaking:
“In the accusation letter made by Guo Xiaojun’s wife Ma Li against Guo Xiaojun, such a subjective intent was stated.”
“Ma Li stated that Guo Xiaojun had the subjective intention of extorting Aibao Milk Powder.”
“The reason was that Guo Xiaojun said that more money should be demanded from Aibao Milk Powder, otherwise the product quality of Aibao Milk Powder would be exposed.”
“I would like to ask the accused party Ma Li, why did you, based on such a single sentence, accuse Guo Xiaojun of having the subjective intention of extorting Aibao Milk Powder?”
“And furthermore, as Guo Xiaojun’s wife, why did you accuse your husband Guo Xiaojun, is there some secret being concealed within this?”
After hearing Su Bai say that the crime of false testimony could result in imprisonment for several years, a momentary panic appeared in Ma Li’s eyes.
And after hearing Su Bai’s question, she became flustered for a moment and did not know how to respond, and softly said: “Lawyer Wang.”
At this time, Wang Manting took the initiative to speak: “As counsel representing our client, I may answer this question raised by Lawyer Su on behalf of our client.”
“The reason is because.”
At this time, Su Bai raised his hand to signal interruption of this old pettifogger’s speech:
“Presiding Judge, I would like to make a reminder to Lawyer Wang of the accused party.”
“This trial is a live broadcast trial, if you answer on behalf of Ma Li, then with respect to this accusation.”
“Lawyer Wang, as entrusted counsel, you cannot avoid involvement.”
The meaning was very clear.
If you have complete confidence that you can win the case, then speak.
If you do not have complete confidence that you can win the case, then remain silent.
Wang Manting had originally intended to block Su Bai’s questioning on behalf of Ma Li.
However.
After Su Bai said this, he instead hesitated somewhat.
Dong Cheng had indeed given a great deal of money.
But if he truly could not argue against Su Bai, then today he might be finished here.
If there was even one ten thousandth possibility that Ma Li could be accused of the crime of false testimony, he could not take this risk.
Therefore he voluntarily closed his mouth and allowed Ma Li to answer.
Su Bai secretly smiled: old pettifogger, you ran quickly enough!
Facing Su Bai’s question, Ma Li took a deep breath and nervously said: “I accused Guo Xiaojun because I chose the justice of the law.”
“Guo Xiaojun indeed had the intention of fraud, therefore I chose to take the initiative to accuse him in order to maintain the dignity of legal justice.”
Guo Xiaojun: ????
Chose the justice of the law?
You are telling me this?
You accused me in order to maintain the dignity of the law?
Guo Xiaojun understood Ma Li’s character better than anyone.
She simply wanted to have him sent in, what maintaining the dignity of the law, all of that was complete nonsense.
After hearing this sentence, Guo Xiaojun almost blurted something out, however in order to maintain courtroom discipline, he still restrained himself.
Su Bai: ……
He also felt that what Ma Li said was somewhat too absurd.
However since the other side had already said this, he could not make too many rebuttals.
Because it had no meaning at all.
Therefore he nodded and asked again:
“I request that the accused party respond directly to me, why did you, based on such a single sentence, accuse Guo Xiaojun of having the subjective intention of extorting Aibao Milk Powder?”
“Because I believed that what Guo Xiaojun said meant that he intended to extort Aibao Milk Powder.”
Facing Ma Li’s statement, Su Bai slightly nodded: “Very well, thank you to the accused party for your cooperation.”
Afterward.
Su Bai looked toward Guo Xiaojun and continued speaking: “May I ask the party Guo Xiaojun, did you ever say that you intended to extort Aibao Milk Powder?”
“No.”
“Then with respect to your wife Ma Li accusing you of extorting Aibao Milk Powder, what do you have to say?”
“What I would like to say is that this is entirely fabricated slander, because I only mentioned demanding somewhat more compensation from Aibao Milk Powder, and if they did not provide it, I would expose the product quality of Aibao Milk Powder, there was no such situation as described by Ma Li.”
“Then under what circumstances did you intend to demand somewhat more compensation, or by what method did you intend to demand somewhat more compensation?”
“I intended to demand somewhat more compensation under the circumstances that Ma Li said the compensation requested was too little, and under the circumstances that Aibao Milk Powder proposed that compensation could be negotiated, and I intended to pursue compensation through litigation.”
“Very well, thank you for your cooperation.”
Su Bai slightly nodded, everything that needed to be asked had already been asked, next he could begin preparing his statement and present his decisive argument.
Looking toward Xu Chunxing at the trial bench, Su Bai took a deep breath and then spoke:
“Presiding Judge.”
“At present the basic situation has already become clear.”
“According to the determinations made during the earlier trial proceedings, it has already been confirmed that our side did not possess the subjective intention of extortion, and the content of this accusation letter has already clearly demonstrated this.”
“According to the description of the accused party Ma Li, she determined that Guo Xiaojun had the intention of extorting Aibao Milk Powder based on a single sentence of Guo Xiaojun.”
“However according to Guo Xiaojun’s statement, he spoke those words under the influence of his wife Ma Li and Aibao Milk Powder.”
“And moreover.”
“The meaning that Guo Xiaojun originally intended to express was to demand a greater amount of compensation, rather than to demand more money as described in the accusation letter, and the meanings of these two are not the same.”
“And furthermore, on what basis could Ma Li determine, solely based on a single sentence, that Guo Xiaojun had the subjective intention of extortion?”
“If any person’s single sentence could be determined in this way, I could also say that I committed homicide, but did I truly commit homicide? Of course not.”
“According to the legal definition of false certification or false evidence, its evidentiary value is weakened.”
“This accusation letter is entirely false evidence and certification!”
“Accordingly, this accusation letter may completely be determined to be false certification!”
“At the same time.”
“As Guo Xiaojun’s wife, Ma Li knew that Guo Xiaojun’s principal intention was to pursue compensation through judicial procedures, and did not have other conduct of seeking compensation.”
“However she still appeared in court as a witness in the first instance and issued false certification to accuse Guo Xiaojun of extorting Aibao Milk Powder, which already possessed intentional subjective intent.”
“That is to say, it may thereby be determined that in the first instance of Guo Xiaojun’s case, the witness Ma Li, Guo Xiaojun’s wife, intentionally made false certification with the intention of framing Guo Xiaojun for extortion.”
“As a result, Guo Xiaojun was sentenced to five years of fixed term imprisonment!”
“This has already reached the level of serious circumstances, and according to the legal provisions concerning the crime of false testimony, punishment of more than three years and not more than seven years of fixed term imprisonment should be imposed!”
“Presiding Judge, our side’s statement is complete.”
Facing Su Bai’s well structured accusation, Ma Li’s forehead was slightly covered with fine sweat.
This.
The other side’s words aroused the panic in her heart.
Could it be that I will be sentenced to imprisonment? More than three years and not more than seven years of fixed term imprisonment?
Then after I come out, would my life not be completely finished?
Ma Li became somewhat absent minded, and her gaze turned toward Wang Manting.
Wang Manting took a deep breath and also realized that the opposing party was a difficult opponent.
The words with which he had previously comforted Ma Li, after hearing Su Bai’s statement, could no longer be spoken now.
“This matter is somewhat troublesome.”
Wang Manting silently recited this sentence, and then only heard Presiding Judge Xu Chunxing strike the gavel and speak:
Bang bang bang!
“The accused party shall now conduct argumentation with respect to the following points:”
Xu Chunxing made a general summary of Su Bai’s questions and the accusation stated.
Su Bai’s questions and stated accusation were very sharp.
The key points of the questions were also very aggressive, and if Wang Manting could not respond well, then this trial had already almost developed a tendency.
However there was still a need for decisive evidence, or supplementary evidence.
“First: does the accused party have objections to whether the accusation letter issued by Ma Li constitutes false certification?”
“Second: can it be proven that Ma Li’s subjective intent was not to intentionally frame Guo Xiaojun?”
“Third: does the accused party have objections with respect to the questions and statements raised by counsel for the litigation party?”
Facing these three questions from the presiding judge, Wang Manting felt that his head was about to become very large.
At the same time.
He also felt fortunate that he had not answered on behalf of Ma Li just now.
Otherwise, if he had been caught by the opposing party on any issue, then he himself would have been sent in.
With a long exhalation.
However, Wang Manting was still able to deal with the above several questions.
“Presiding Judge, our side has objections!”
“It is true that within Ma Li’s accusation letter against Guo Xiaojun there are views inconsistent with the facts, and some points are indeed inconsistent with Guo Xiaojun’s subjective intent, but Ma Li’s accusation was made out of what she believed to be legal justice.”
“It was not her subjective intention to intentionally provide false certification in order to target Guo Xiaojun.”
“And furthermore, as Guo Xiaojun’s wife, why would she provide false certification in order to target Guo Xiaojun and have him imprisoned?”
“Could she obtain any benefit from it?”
“Can the litigation party produce evidence proving that Ma Li intentionally provided false certification in order to have Guo Xiaojun imprisoned, and proving that Ma Li could thereby obtain benefits?”
“On this point, Ma Li entirely lacks a criminal motive! Therefore, there is likewise no prerequisite for intentionally providing false certification!”
“Presiding Judge, our side has completed its statement.”
In essence.
What Wang Manting wanted to express was only one point.
That was that with respect to the matter of false certification, there were already established facts, and not much could be argued.
However, a determination could be made from the subjective aspect.
Because the determination of the crime of false testimony requires the witness to have the subjective intent of intentionally making false certification.
As long as he proceeded from this subjectivity, and the opposing side could not produce strong evidence.
Then this could still be argued over.
At the seat of the presiding judge, Presiding Judge Xu Chunxing struck the gavel and looked toward the litigation party’s seat: “Please have the litigation party state its views or factual basis.”
The corner of Su Bai’s mouth slightly rose, his small white tooth appeared, it had come, the crucial moment had come.
As for strong evidence, this was indeed not easy to find.
But as for strong factual argumentation, that indeed posed no major problem.
“I already questioned Ma Li’s subjective intent just now, and the view expressed by Ma Li was that she accused Guo Xiaojun out of legal justice.”
“But on what basis did she determine that this constituted her legal justice?
Could it really be that merely based on one sentence by Guo Xiaojun, she determined that Guo Xiaojun was suspected of extortion?”
“Is that what she calls legal justice?”
“Our side believes that the defense of the accused party’s lawyer is entirely an evasion of the important issues while emphasizing the trivial ones, and has completely failed to answer the questions raised by our side, and cannot prove that Ma Li lacked suspicion of intentionally fabricating facts and giving false testimony.”
“The accused party’s lawyer said that the accused party had no criminal motive and no motive of intentional accusation.”
“Presiding Judge, I apply to submit new evidence.”
Bang bang!
“Application approved!”
Along with the fall of the gavel, Su Bai handed the evidence to the staff member beside him, and the staff member then handed it to the seat of the presiding judge.
Su Bai continued speaking: “Presiding Judge, what our side submits is, during the period in which our client Guo Xiaojun was in custody.”
“Ma Li’s bank transaction records, together with large expenditures of unknown origin, and her repeated expression of the desire for divorce.”
“Can the accused party Ma Li explain why there are large bank expenditures of unknown origin?”
“From where did the money involved in these large bank transactions of unknown origin come?”
“And why did you repeatedly raise the idea of divorce and the intention to divide the property during the period in which Guo Xiaojun was in custody?”
“Presiding Judge, our side believes that this is the evidence of Ma Li’s malicious accusation against our side!”
Bang bang bang!
After reviewing the evidence provided by Su Bai, Xu Chunxing slightly frowned.
Accurately speaking, according to the materials provided by Su Bai, they should be called supplementary evidence.
They were not particularly strong evidence.
Xu Chunxing looked toward the accused party’s seat and inquired:
“Accused party Ma Li, can you explain why there are large transaction expenditures of unknown origin?”
After hearing this, Ma Li stammered and was unable to answer.
Wang Manting also realized that there was a significant problem here, and therefore closed his mouth and did not continue speaking.
Seeing this, Su Bai revealed his small white tooth, from the moment he realized that there was a problem with the evidence in the first instance, he had obtained authorization from the court during the filing stage to review Ma Li’s bank transaction records.
Now it seemed that this move was equivalent to a decisive kill.
The opposing side could neither produce evidence that it was not subjective intent, nor explain the source of the large bank transactions of unknown origin.
Was it not then a foregone conclusion that it would be determined to be intentional?
Unless.
The presiding judge had a problem, only then would it not be determined in this way.
Bang bang bang!
While Ma Li was still stammering, Xu Chunxing struck the gavel.
“Can the accused party produce evidence that Ma Li lacked subjective intent? Or rebut the evidence raised by the litigation party regarding the unknown source of the large bank funds?”
Wang Manting glanced at Ma Li and took a deep breath.
“Our side has no evidence proving lack of subjective intent.”
As for the latter half of the question, Wang Manting did not answer, because he could not answer it.
Xu Chunxing, as presiding judge, also understood this point, and did not continue pressing further, but instead struck the gavel.
“The court now enters recess, court will reconvene in one and a half hours, all parties have completed their statements, and the adjudication result will be announced in court!”
Bang bang!
As the gavel fell, Xu Chunxing and the other two members of the collegial panel left the bench.
Inside the courtroom.
As the litigation party, Su Bai let out a breath of relief, at present it seemed that the problem was not very great.
One against three could be regarded as barely won, but the specific result still depended on the statements after reconvening.
By contrast, at the accused party’s seat, the prosecutor wore an indifferent expression.
Fang Xuan also appeared calm, and even turned his gaze toward Ma Li’s litigation seat with curiosity, directly beginning to watch the spectacle.
As for Ma Li, she looked extremely nervous and kept asking Wang Manting what exactly should be done.
What exactly should be done?
Wang Manting also found this question very troublesome, he had nearly been led into a pit by Dong Cheng.
And she was still asking him what should be done.
“All that can be done is to wait for reconvening, make the final statement, and listen to the presiding judge’s ruling!”
As an old pettifogger, Wang Manting now also had no other method.
It could only be said.
That this little pettifogger on the opposite side was much stronger than he was.
At the same time, outside, in Luo Daxiang’s live broadcast room.
Come, time for a prize guessing game! Let us see how the presiding judge of the second instance will rule!
Hahaha!
My guess is that woman Ma Li will definitely be sentenced to death! She should not have been allowed out at all, she actually took money to accuse her own husband, this is too outrageous!
Exactly, exactly, it truly is too absurd, simply outrageous beyond words!
That really may not be impossible!
Indeed, Teacher Luo, what do you think?
Looking at the teasing comments from the viewers in the live broadcast room, Luo Daxiang smiled and said:
“I also do not know the answer to this question, with respect to specifics, we may have to wait until the presiding judge makes the announcement!”
But in reality, Luo Daxiang already had a general understanding in his heart.
In the office of the general manager of Aibao Milk Powder, Dong Cheng looked tense.
Could it be that this time the lawyer retained by Guo Xiaojun, fighting one against three, had actually succeeded?
This foolish woman Ma Li!
Doing nothing but idiotic things!
He had previously given Ma Li a sum of money and had specifically instructed her not to spend it!
He had told Ma Li to keep it stored away for the time being.
Yet what he had not expected was that Ma Li would not listen to him, and would directly spend it and allow others to seize evidence against her!
However, this was also an unfortunate coincidence, because no one had expected that in the second instance Guo Xiaojun would directly accuse Ma Li of giving false testimony.
If Ma Li were caught.
It was very likely that she would expose him, and at that point he would face the charge of suspected obstruction of testimony.
“This woman is truly stupid beyond belief!”
In the deliberation room, Presiding Judge Xu Chunxing smiled slightly and asked the other two adjudicators:
“With respect to the ruling in this case, the two of you have no objections, correct?”
Ma Sijie: “I have no objections, Ma Li can neither prove her own case nor produce corresponding evidence, then there is certainly a problem.”
“Let us rule first!”
“As for the later stage, notify the prosecution to complete an additional procedure, and notify the relevant units to supplement the evidence, so that we do not have to initiate a second prosecution and avoid unnecessary trouble.”
Chen Donghang: “Mm!”
“What should be ruled should be ruled, and supplementing the procedure afterward does not count as an irregular operation, it is merely a normal procedure.”
“President Xu, you should have this authority.”
Xu Chunxing smiled slightly: “Very well, since neither of you has any objection, then let us proceed as the two of you have said!”
“First rule, and then supplement the procedures afterward!”
Ma Sijie and Chen Donghang both slightly nodded.
Very quickly, one and a half hours after the recess was announced, accompanied by the clerk’s announcement that court was resuming, the three members of the collegial panel again entered the courtroom.
On the trial bench, bang bang bang!
Xu Chunxing struck the gavel and then spoke: “The court now enters the final stage of the trial, courtroom statements!”
“The litigation party shall now make its statement.”
“Understood, Presiding Judge!”
As for courtroom statements, Su Bai was already highly experienced.
In this one against three case, the prosecution and Aibao Milk Powder no longer posed any issue.
What remained in the statement stage was directed at Ma Li.
After clarifying his train of thought, Su Bai slowly spoke:
“Our side’s courtroom statement is as follows:”
“With respect to the accusations and complaints directed against our side, our side states that the justice of the law must be seriously upheld.”
“In the face of unfounded accusations, our side hopes to obtain a fair and impartial legal account!”
“And hopes to obtain genuine legal fairness!”
“And to severely punish certain people who damage judicial fairness, as well as those who attempt to damage judicial fairness!”
“So as to achieve the purpose of revering the law!”
“Presiding Judge, our side has completed its statement.”
After hearing Su Bai’s courtroom statement, Xu Chunxing smiled slightly, this courtroom statement was obviously directed at Ma Li.
However.
As for Ma Li, he already had a determination in his heart.
Immediately afterward, Xu Chunxing again turned his gaze toward the accused parties’ seats.
“The prosecution shall now make its courtroom statement.”
“Presiding Judge, our side waives courtroom statement.”
Presiding judge.
You have already determined that Guo Xiaojun is not guilty, so what is there left for me to state?
Hurry up, hurry up, I still want to watch the spectacle.
The prosecutor had also developed an interest in watching the spectacle with respect to the final ruling.
“Mm!”
Xu Chunxing nodded: “The entrusted lawyer of Aibao Milk Powder enterprise shall now make the courtroom statement.”
Fang Xuan was also prepared to watch the spectacle, and given that a determination had already been made, he likewise had nothing much to say.
Any statement would not change the established facts.
However, because it still concerned the enterprise, Fang Xuan merely made a symbolic statement:
“Presiding Judge, our side requests that the presiding judge consider the operation of our company and impose sentence with appropriate discretion.”
Bang bang bang!
“The accused party, Ma Li, or the entrusted lawyer for the party, shall now make the courtroom statement.”
Ma Li looked nervous and did not know what to say.
Seeing this, Wang Manting could only helplessly speak, playing the emotional card:
“Presiding Judge, our side and Guo Xiaojun are husband and wife, and have maintained several years of emotional attachment, with a deep relationship.”
“Husband and wife originate from the same root, and are companions meant to walk through life together, and the relationship between the two is naturally extremely intimate.”
“As husband and wife, our client Ma Li and Guo Xiaojun still possess very deep feelings.”
“And the two have a daughter, who is the crystallization of their feelings.”
“Our side requests that the presiding judge, with discretion, consider matters from this aspect before making judgment.”
“Presiding Judge, our side has completed its statement.”
Husband and wife originate from the same root, are future companions, and possess very deep feelings?
So you are playing the emotional card here?
And even saying that judgment should be made from the perspective of emotion, are you joking? If one were to judge from the perspective of emotion, then today there would never have been any accusation against you for giving false testimony!
You already gave false testimony, and now that you know you are about to be judged, you are telling me that husband and wife originate from the same root?
After hearing these words, Guo Xiaojun truly wanted to curse.
And even using his precious daughter as part of the argument!
Disgusting!
However, he kept all of these words in his heart and did not say them aloud.
Bang bang bang!
After all four sides had completed their statements, Xu Chunxing struck the gavel.
“The litigation party and the accused parties have completed their statements, the court now announces the adjudication result!”
Clerk: “All rise!”
“May the presiding judge announce the adjudication result of the trial!”
Rustle rustle rustle.
Everyone in the courtroom stood up.
Ma Li closed her eyes completely, so nervous that she could hardly bear it, fearing that she would be found guilty.
At this moment, Presiding Judge Xu Chunxing began to read the judgment of the trial:
“The cause of action in this case is as follows:”
“The litigation party applies to have the first instance judgment revoked and seeks compensation from Aibao Milk Powder Enterprise, while at the same time accusing the first instance witness Ma Li of giving false testimony.”
“This court has jurisdiction over this case, and the applicable law shall fully follow domestic law.”
“The result of the judgment is announced below!”
“First: with respect to the first instance judgment against Guo Xiaojun, there is no strong evidence showing that Guo Xiaojun was suspected of extortion.”
“The first instance judgment is hereby revoked!”
“Guo Xiaojun is found not guilty and shall be released in court!”
“Second: the milk powder manufactured by Aibao Milk Powder did indeed cause substantial harm to Guo Xiaojun’s daughter, and in accordance with the relevant laws and regulations, it is ordered to pay compensation of ten times the medical expenses, namely 500,000 yuan!”
“And!”
“Because Aibao Milk Powder Enterprise induced Guo Xiaojun to pursue additional compensation, it bears a certain degree of responsibility for Guo Xiaojun’s sentence of five years of fixed term imprisonment in the first instance, and the litigation party’s claims for psychological loss and employment loss are upheld.”
“Aibao Milk Powder Enterprise is ordered to compensate Guo Xiaojun in the amount of RMB 1,206,000.”
“Third: Aibao Milk Powder Enterprise caused serious reputational harm to Guo Xiaojun, and it is hereby ordered to issue a public apology to Guo Xiaojun, including but not limited to major self media platforms!”
“Fourth:”
The key point had arrived.
When the presiding judge read the fourth point, Ma Li became extraordinarily nervous.
However, nervousness could not stop the continued reading of the judgment.
“Fourth: according to Article 305 of our country’s Criminal Law.”
“Whoever intentionally makes false certification with the intention of framing another person or concealing criminal evidence shall be sentenced to fixed term imprisonment of not more than three years or criminal detention.”
“Where the circumstances are serious, the sentence shall be fixed term imprisonment of more than three years and not more than seven years.”
“The first instance witness Ma Li intentionally made false certification, which resulted in Guo Xiaojun being sentenced to five years of fixed term imprisonment, and this constitutes serious circumstances.”
“That is.”
“The first instance witness Ma Li is sentenced to four years of fixed term imprisonment!”
“With respect to the sentence in this case, this court will notify the prosecutorial organ to supplement the corresponding judicial procedures.”
“Fifth: the relevant litigation costs are determined to be borne by Aibao Milk Powder Enterprise!”
“All litigation requests of the accused parties are rejected in their entirety!”
“According to the provisions of our country’s Procedural Law, if the accused parties believe that this court has made any non compliant judgment or unreasonable legal interpretation, they may, within ten days after the issuance of the written judgment, apply for review and supervision!”
“The written judgment shall be issued to all parties within ten days after the close of court!”
“Court is adjourned!”
Bang!
The dull sound of the gavel fell, and the trial ended.
And the dull sound of the gavel did not fall only upon the courtroom.
It also fell upon Ma Li’s heart, striking it heavily and fiercely.
I.
Was sentenced to four years?
I am going in to eat from the communal pot?
No.