Chapter 100 The First Administrative Litigation Case(1/3)
Legally speaking.
The definition of picking quarrels and provoking trouble is very vague.
Basically, there are only three points for being sentenced for this crime.
First, it has caused an extremely bad impact. Second, our lawyer is a noob. Third, there is a problem with the procedure.
It is very difficult to have procedural problems in this world.
I didn’t see that last time, all the judges in the first instance of Guo Xiaojun’s case were transferred from their posts...
Therefore, there will generally be no procedural problems.
Of course, in court proceedings.
The main key to the judgment includes the subjective intention of the judge.
Building bridges is a good thing.
According to Zhang Laichun, this case was sentenced
It’s outrageous!
It’s simply off the mark!
The person sentenced is Zhang Laichun’s brother Zhang Laidong.
He was sentenced to six months in prison for funding bridge repairs.
Su Bai took a breath and then asked: "Did you hire a lawyer during the first trial?"
Zhang Laichun scratched his head.
"Well, during the first trial, when we hired a lawyer, we just hired a random lawyer. I felt that the professional level was not very good."
"We think what we are doing is a good thing and there is no big problem, but who would have thought that we would actually be sentenced?"
If your business level is not very good, then you can finally find the answer to this question.
If a public prosecution lawyer is like Lu Wei, facing someone who has already filed a case, he would like to send everyone in. If you encounter someone like this, he will definitely find a way to send you in.
And.
Picking quarrels and provoking trouble.
As long as this crime is slightly sidelined, the prosecutor's lawyer can completely influence the will and tendency of the judges.
Hiss.
This kind of ambiguous crime case is indeed difficult for other lawyers to fight!
After all, the most important thing in the definition of this crime is the intention of the judge.
However
As for this case, it is outrageous that it was filed.
After all, Zhang Laidong's construction of the bridge was obviously a good thing.
How could the case be filed if we didn't have certain key evidence or for other reasons?
Su Bai asked a few more key questions before he learned the whole story.
It turned out that there was a bridge construction company, and they noticed that there was no public bridge in this place.
I want to apply for a public bridge project in this place.
But there cannot be two bridges in one place, so the company discussed with Zhang Laidong whether the private bridge could be demolished.
Zhang Laidong means that the other party has not built the bridge yet. People have to walk on this private bridge, so he does not agree.
The bridge construction company, without saying a word, reported Zhang Laidong to the relevant law enforcement departments on the grounds that Zhang Laidong illegally built the bridge and charged privately.
As a result, Zhang Laidong was prosecuted.
And also reported it to the relevant departments.
Zhang Laidong faces an administrative fine of 300,000 yuan.
According to Zhang Laichun's description, Su Bai had a general understanding of the relevant issues and the relevant demands.
The appeal is simple.
First: Make a plea of not guilty.
Second: Apply to cancel the administrative fine.
Facing Zhang Laichun's lawsuit request, Su Bai nodded slightly.
However, Zhang Laichun's description of the specific situation is not detailed yet, and the relevant information needs to be understood through the files.
If there is no dossier
It’s hard to tell what the situation is.
Moreover, he also needs to further understand the parties' ideas.
After thinking about it, Su Bai said: "Based on your statement, I already understand the general process."
"If you intend to file a lawsuit with our law firm, you can sign a power of attorney first."
"With the power of attorney, our law firm can proceed with the next step of investigation."
"Good lawyer Su."
Zhang Laichun nodded, then frowned slightly and asked:
"...Lawyer Su, can my brother win this case?
Just don’t go to jail.
And the administrative penalty of 300,000 yuan is indeed too much for us.
Can it be less?"
Su Bai thought for a few seconds and then said: "We can only say that we will try our best, but we cannot guarantee it."
Zhang Laichun nodded silently: "Okay, Lawyer Su, I understand."
Soon, the relevant power of attorney was signed.
Before leaving Haifang Law Firm, Xiao Haibo also stuffed two kilograms of tea:
"Lawyer Su, thank you for helping me this time. This case involves many issues and the attorney fees are not very high."
"But this was introduced by an old client of mine, so it's hard to refuse."
"Lawyer Su, even if you have helped me a lot this time, I will definitely help if your law firm encounters any civil litigation problems in the future!"
Facing Xiao Haibo's words, Su Bai smiled slightly.
"Lawyer Xiao is too polite."
In this case, even if there is no legal fees, it can be exchanged for a favor from Xiao Haibo.
Nandu Min sued the senior partner of a top law firm for a favor, which is not a loss no matter how you look at it!.
….…
On the way back to Bai Jun Law Firm.
Li Xuezhen's face was straight. She remembered what happened in this case and spoke in a serious tone:
"Lawyer Su, I don't understand"
"Why would someone do this?"
"Isn't it a good thing for people to build bridges?"
"It's really annoying that there are still people reporting it..."
"Too much!"
"I think the person who reported it should be sent in!"
Li Xuezhen’s face was full of anger.
Su Bai smiled and said:
"There are indeed certain problems in this case. According to Zhang Laichun, the person in charge of the bridge repair company reported this matter and provided evidence."
"A case can be filed."
"That shows that the evidence does have a certain legal basis."
"It's quite immoral, but this judgment should be based on relevant laws and regulations. Let's get the file first and then read it!"
"Oh..."
"Good lawyer Su"
"Lawyer Su, what I just said were all angry words. I have no intention of sending anyone in. Lawyer Su, please don't misunderstand me."
Su Bai:???
To be continued...