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Chapter 169 Judgment! Wrong application of law!(1/3)

 On the judgment seat.

Ren Yuandong understood that the main content of this court trial was to send the former presiding judge in.

However, he cannot make random judgments, and cannot make unfounded judgments that do not comply with the law and factual basis.

Otherwise, Qian Wei today will be him another day.

Even criminal wrongful judgments are more serious than civil ones.

However...according to the current trial situation, Qian Wei's verdict was a violation of the law.

How to say...

The prosecutor and the prosecution have a certain advantage, and I don’t know how the defendant will use legal regulations to solve the problem later.

Ren Yuandong is sorting out the submissions and defenses of the three parties.

After finishing sorting, he turned his head slightly and looked towards the defendant's seat.

Boom!

"Now we will briefly organize and summarize the defense lawsuits of all parties in the trial."

"Regarding Qian Wei's crime of miscarriage of justice, are all parties' accusations and rebuttals that Qian Wei deliberately used wrong legal regulations, which resulted in a serious wrong judgment in the case and caused huge impact and losses to the parties involved?"

"Do all parties have any objections to this point?"

Guan Tong: "No objection."

Liu Jun: "No objection."

Su Bai raised his hand: "President, we have no objection to this fact, but we would like to add something."

"Please make a statement from the prosecution."

"Good judge."

"According to the evidence submitted by the prosecutor, there was a certain degree of subjective intentionality in talking to Chen Meixia's close relatives before and after Qian Wei's trial."

"I hope the combined court will take this into consideration."

Boom!

"The collegial panel has already understood this. Are there any other issues or content?"

"No more, presiding judge."

"Okay."

Boom!

Ren Yuandong banged the gavel and began to question Qian Wei:

"Qian Wei, when you were judging Zhang Dahu's case, the other two members of the collegial panel pointed out that if Zhang Dahu lost the case, there would be insufficient evidence.

And why do the members of the collegial panel insist on using a high degree of probability when making claims in the Civil Procedure Law and giving evidence...?"

Qian Wei sat in the defendant's seat.

Facing the judgment seat, I hesitated for a few seconds.

As a former presiding judge, Qian Wei obviously knew the purpose of Ren Yuandong's inquiry when faced with this kind of question.

I thought for a while.

Qian Weicai slowly spoke:

"According to my judgment, Zhang Dahu's evidence is obviously not as sufficient as Chen Meixia's evidence, so I chose to use the civil proof rules with a high degree of probability."

"What is your basis?"

"My basis is Zhang Dahu's performance, and Zhang Dahu's lawyer client did not fully state the facts and the basis for my judgment during the court proceedings."

Su Bai:???

Don’t you know whether it was stated or not?

Just talk hard, right?

Su Bai said nothing and continued to listen to the presiding judge's questioning of Qian Wei.

"Then why did you ignore the flaw in Chen Meixia's mouth...that is, an old man in his seventies was knocked down from behind and was knocked into a coma. It was impossible to see the face of the person who hit him.

This matter?"

"Regarding this matter, what factors did you consider at the time?"

"The reason I considered is... Chen Meixia is over 70 years old, and her memory may not be very good. She may have said the wrong thing because she was nervous at the trial... This is the reason why Chen Meixia appeared in court as a witness today.

In today’s court hearing, the presiding judge can conduct further questioning.”

After hearing Qian Wei's words, Ren Yuandong turned his attention to Chen Meixia in the witness seat.

Chen Meixia appeared in court as a witness. This is indeed a bit outrageous. After all, it involves a principle of avoidance.

I don’t know what the Changshi Intermediate People’s Court considered, but the prosecutor had nothing to say, and Su Bai didn’t take the initiative to raise the principle of recusal.

Ren Yuandong looked at Chen Meixia in the witness seat and asked:

"Chen Meixia, as a client, can you be sure that your previous confession is true?"

Chen Meixia knew what she should say to benefit Qian Wei at this time, so she spoke slowly:

"Presiding Judge, I'm old, and sometimes I can't remember when I said the right thing and when I said the wrong thing..."

"I can't remember clearly, I can't remember clearly..."

Chen Meixia waved her hands repeatedly, then looked at her two sons beside her and said:

"Presiding judge, if you don't believe it, you can ask my two sons. They also know that I am old and sometimes forget what I say when I open my mouth."

"Yes, yes, my mother sometimes forgets what she said. After she finishes speaking, she forgets the last one."

"Yes, I can confirm it."

Li Zhuang and Li Jun nodded quickly.

At this time, Su Bai raised his hand to indicate.

Boom!

Ren Yuandong banged the gavel and signaled Su Bai to speak: "Does the prosecution have anything to add?"

Su Bai said: "Chen Meixia, the party involved in the case, said that her memory is somewhat forgetful, so why can she remember Zhang Dahu bumping into you?"

"Also, does the client Chen Meixia remember what happened in the hospital, or can you remember how she fell?"

"If Chen Dahu didn't hit you from behind, then why did you frame Chen Dahu?"

"This involves some very serious legal issues, and the party involved, Chen Meixia, is requested to answer them seriously."

Chen Meixia hesitated, not knowing what to say for a moment.

At the same time.

Su Bai continued to add:

"During the trial, Qian Wei considered that Chen Meixia might have some confusion in her memory and realized that there might be some problems with Chen Meixia's confession. This means that the evidence presented by Chen Meixia's side was not sufficient.

According to the high degree of probability and civil proof rules, the decision should be made in favor of the party with sufficient evidence.

You are aware that Chen Meixia may have some unclear memories in her old age, so why do you still use a high probability to determine that Zhang Dahu loses the case?"

This chapter is not over yet, please click on the next page to continue reading!

"Please also ask the defendant to explain this issue..."

Su Bai's question hit the nail on the head, directly touching the main arteries of Chen Meixia and Qian Wei.

Liu Jun, who was sitting at the defendant's entrustment seat, frowned and looked at Chen Meixia and Qian Wei with dissatisfaction.

As a former judge, you should know what to answer and what not to answer. If you give the question to Chen Meixia, isn't this giving the initiative to the other party?

Now the opponent has taken the initiative, and he is now at a disadvantage.

Liu Jun felt a little dissatisfied with Qian Wei and Chen Meixia.

In fact, Qian Wei is also very helpless, because he always has to find a reason to shirk, otherwise it will be directly judged as intentional.

The consequences are more serious.

But he didn't expect Chen Meixia to say that, so Su Bai seized the opportunity.

Dong Dong Dong!

The gavel fell.

Ren Yuandong spoke: "Has the prosecution finished questioning it?"

"Presiding Judge, our inquiry is finished."

Boom!

"Okay, then let me ask the defendant and Chen Meixia from the witness seat to answer."
To be continued...
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