As a Lawyer, You Sent the Judge In? (Strong Wind And Thick Fog) - Chapter 494

Chapter 494 Dilemma, moving out of the background to give a warning

The trial of this case was so troublesome that it gave Fang Qiqiang, as the presiding judge, a headache.

 The reason for the headache is that the sentencing in this case seems to be biased.

  Or from another perspective, no matter how the penalty is imposed, there is a certain risk.

This risk is the risk of the outcome of his penalty.

 If he leans towards the plaintiff, it will be difficult for him to explain to the defendant.

 For Wang Xi’an’s uncle, it is even harder to explain.

 In favor of the defendant, it is necessary to break away from the original contract and have a certain subjective and serious tendency to help the defendant achieve the corresponding purpose.

With this tendency, it is very likely that the plaintiff will be able to seize certain leverage.

 Just like now, he has used relevant laws and regulations to make judgments.

 However, the plaintiff has put forward various priorities.

What should we do now?

 The result can only be determined in accordance with the relevant edge rules.

 To be honest, in this case.

 He has tried his best to balance the respective demands of both parties.

but.…

It is clear.

 Both sides are slightly dissatisfied with the results of the compromise appeal.

 Even, in other respects, both sides do not agree with the compromise results, but hope to favor their respective sides.

 In this regard.…

Fang Qiqiang banged the gavel and turned to look at the plaintiff’s seat:

 “Plaintiff.”

“You think what the court just stated is unreasonable. Your statement is based on the national law, the Seed Law, to determine this case.”

 “But this is in Nan Province…”

“In this case, the provincial seed management regulations were used, which is in compliance with the law.”

“As for the content of the statement just made by the lawyer entrusted by the plaintiff, I would like to ask the plaintiff whether it is against the rules to use the provincial seed management regulations as the judgment law?”

“Can provincial seed management regulations be used as determining law?”

Su Bai frowned at Fang Qiqiang’s two questions.

If we want to answer the two questions asked by Fang Qiqiang, they must be in compliance with the law and there are no violations.

 But this question is asked from the wrong angle!

Why do you say that?

 What Su Bai just stated was the priority issue between national law and provincial law.

  It does not say that provincial laws cannot be used as a basis for judgment.

Provincial Seed Management Regulations, as a law recommended by provincial representatives, can definitely be used as the conditions and basis for judgment.

but!

Su Bai is talking about priorities!

Rather than a question of whether it is possible or not!

 Of course it is possible, but it is not reasonable and does not conform to the situation where a legal judgment gives priority to the use of a certain law.

For example: In a criminal case, if a case involves multiple criminal liabilities and criminal penalties.

 The penalty for one crime is five years, and the penalty for each crime is two years.

Then if you violate the corresponding law, you will definitely be sentenced to five years as the maximum limited sentence.

  Instead of using a two-year sentence as a limited sentence.

 Fang Qiqiang used the Provincial Seed Management Law to make a judgment, which is similar to this situation.

 Although it is said that the Provincial Seed Management Law can be used for judgment.

but!

 Very unreasonable!

 Just…when Su Bai was preparing to further emphasize and state the priority issues.

Fang Qiqiang interrupted Su Bai’s statement:

“The plaintiff’s attorney should not make a statement for now. I know what the plaintiff’s attorney wants to say is the issue of priority.”

“But what I’m asking is not a question of priority. What I’m asking is whether the provincial seed management regulations can be used as a basis for judgment.”

“Please ask the plaintiff to entrust a lawyer to answer my question.”

Su Bai: “.….”

Isn’t answering this question equivalent to agreeing with the presiding judge’s statement?

Moreover.

From their point of view, or from the point of view of a normal trial, the punishment is indeed based on priority.

The purpose of the presiding judge asking this question is mainly to make him agree with this point of view at the trial and make a judgment.

Su Bai didn’t want to answer this question, but the presiding judge didn’t give him a chance.

 Continued to reiterate: “Please answer this question from the plaintiff.”

Facing the presiding judge’s repeated inquiries, Su Bai had no choice but to respond.

 In court trials, the presiding judge has the power to judge.

Moreover, in this court hearing, there were no violations in a series of things done by the presiding judge.

Su Bai wanted to refute, but he had no basis for refutation, so he spoke again to the presiding judge.

Su Bai raised his head: “You can use the provincial seed management regulations.”

Fang Qiqiang seized the opportunity of Su Bai’s answer and continued to speak:

“Since the provincial seed management regulations can be used to decide this case… and it does not violate the provisions of the law and the meaning of the law.”

“Then there are basically no other major objections to this case.”

“The applicable law…applies to this case and to the circumstances within this province.”

“Then there is no big penalty issue in this case.”

“Through this point…the collegial panel rejects the opinions just stated by the plaintiff.”

Without giving Su Bai a chance to speak, the hammer struck again:

“Reject the plaintiff’s submissions.”

“Does the defendant have anything else to say about this case?”

 The question is given to the defendant.

Yu Hao, the lawyer appointed by the defendant, directly answered that he had no major objections to this judgment.

 Because this judgment is very beneficial to them.

This case.…

 He also knew that the entrustment litigation application submitted by Wannong Agricultural Co., Ltd. was not legally valid at all.

  In the past.

Yu Hao actually discussed the corresponding compensation situation in this case with the company leaders and Wang Xi’an.

Wang Xi’an’s idea is to compensate as little as possible, or even not at all.

 But under the influence of his uncle, he did not dare to think of not paying compensation.

 And Yu Hao gave a detailed explanation through legal provisions and legal clauses.

finally.

The bottom line given by Wannong Agricultural Co., Ltd. is that the compensation will be 120 yuan per mu of land.

 Now the presiding judge has determined that compensation is only 80 yuan per mu of land, which is equivalent to reducing the amount of compensation by one-third.

 What other objections can there be?

 This is simply a great joy!

 There must be no objection!

 Furthermore, the more important point is that even if he has objections, he wants to lower the company’s compensation.

 But there is no legal basis to support him to do so.

Therefore, based on the current situation, compensation of 80 yuan per mu of land is undoubtedly the best solution.

 In the absence of any objection from the defendant, the presiding judge directly allowed all parties to make court statements.

 The defendant’s court statement certainly hopes that the court will make a determination based on the facts and the corresponding circumstances. Just maintain the current judgment result.

But… Su Bai, as the plaintiff, even though he was awarded compensation, can be regarded as winning the case.

 But faced with the result of eighty yuan per acre, this was completely unacceptable to him.

  In other words…cannot accept it.

 So when it comes to court presentations, Su Bai still makes presentations based on the issue of priority.

“Presiding Judge, we would like to state a point during the court presentation phase.”

“That is in this case, although it can be punished according to the provincial seed management regulations.”

“But from the perspective of judgment, the judgment should be given priority over national law.”

“Because this is a more reasonable sentencing method and sentencing plan.”

“I hope the presiding judge can consider the judgment of this case from multiple perspectives.”

 “Don’t deliberately lean towards the defendant…”

“The defendant’s compensation to us is the compensation that should be paid in accordance with the law.”

　　　….”

After Su Bai made the court statement, Fang Qiqiang, as the presiding judge, didn’t say much.

 Instead, the court was closed directly by banging the gavel, and the judgment will be issued to all parties within seven working days.

To be honest, Su Bai couldn’t accept the final result of this trial.

 Because judging from the situation of the entire trial.

The presiding judge clearly favored the defendant, and specifically used the Provincial Seed Management Regulations, a piece of law, to favor the defendant in passing judgment.

 The amount of compensation that should have been reduced at least several times.

 There are obvious cases of unfair judgment.

After the presiding judge announced that the court was closed, Lin Jiayuan looked at Su Bai and spoke slowly:

 “Lawyer Su…”

“What will be the outcome of all this?”

To be honest, Su Bai didn’t know much about this issue.

 Or…I can’t give a clear answer, because the current situation is that the verdict is not pronounced on the spot.

so.…

　　Can only say: “We need to wait for the verdict to know the final situation.”

“Based on the current situation, we can definitely win the case.”

“But…it is uncertain how much compensation will be determined per mu of land in the end.”

“There is a certain probability and possibility that the outcome of the defense and the outcome of the trial will be inconsistent.”

“We can only know the final compensation amount after waiting for the verdict.”

Lin Jiayuan nodded: “Okay Lawyer Su, I understand.”

 Wait until you leave the court and return to Bai Jun Law Firm.

Su Bai had certain expectations for the outcome of this case.

 The result of the first instance will definitely be to award Wannong Agricultural Co., Ltd. to compensate the farmers.

 But the amount of compensation…most likely will not exceed one hundred yuan per mu.

If this is really the case, then this case will most likely go to a second instance.

 And the other side.

 When the first instance of this case is closed, but the verdict has not yet come out.

Wang Xi’an contacted Fang Qiqiang and asked, and the final verdict was:

“Dean Fang, I heard that this case has been closed.”

“During the court hearing, President Fang, you proposed a compensation amount of 80 yuan per mu. Thank you, President Fang, for considering it for our Wannong Agricultural Co., Ltd.”

“I called this time specifically to thank Dean Fang.”

Facing Wang Xi’an’s thanks, Fang Qiqiang also responded politely:

“Mr. Wang…I am not considering Wannong Agriculture Co., Ltd., I am proposing a judgment method and plan in accordance with the law.”

“Okay, okay…but no matter what, this judgment is a good thing for our Wannong Agriculture Co., Ltd.”

“No matter what, I have to thank Dean Fang.”

“Oh, yes, Dean Fang…the trial of this case has ended, but the verdict has not yet been issued. Is the final verdict a compensation of eighty yuan per acre?”

Wang Xi’an heard from Yu Hao that Fang Qiqiang proposed a compensation of 80 yuan per acre at the court hearing, but he was still a little unsure. After all, the verdict has not yet come down.

 So I wanted to ask Fang Qiqiang personally.

but.…

Fang Qiqiang is still considering whether Su Bai will have any objection to the judgment of this case.

 So… I am still hesitating on how much compensation should be awarded per mu in the end.

Facing Wang Xi’an’s inquiry, Fang Qiqiang smiled and said: “This needs to be discussed by the collegial panel.”

 “There is no final answer yet…”

“I’m not too sure whether it’s eighty yuan per acre. Mr. Wang can wait a few days. Mr. Wang should know after the penalty results come out.”

 Wang Xi’an was slightly unhappy with Fang Qiqiang’s ambiguous answer.

 There is a difference of 20 yuan between the compensation of 80 yuan for one mu of land and the compensation of 100 yuan for one mu of land.

 In terms of the amount of compensation, the difference may be nearly tens of millions.

 So…when Fang Qiqiang said this, Wang Xi’an specifically mentioned:

“Dean Fang…I said a lot of good things for you at my uncle’s side.”

“Dean Fang, please don’t forget my hard work when you make the punishment.”

 Hearing Wang Xi’an mention his uncle, Fang Qiqiang frowned, then said with a smile:

“Then I would like to thank Mr. Wang even more for mentioning me. Don’t worry, Mr. Wang, I will definitely not forget it.”

hang up the phone.…

Fang Qiqiang’s expression was not very good. He sighed and discussed with the other two members of the collegial panel.

However, the results are that there is no problem in imposing penalties in accordance with the provincial seed management regulations.

 It is entirely possible to impose penalties in this way.

 The other two people also tended to favor Wannong Agricultural Co., Ltd.

 After getting this result, Fang Qiqiang knew in his heart that this punishment was indeed the final result.

 But…there is still some faint uneasiness in my heart.

So he contacted Su Bai and expressed his true feelings: “This time I prefer Wannong Agricultural Co., Ltd.”

“It was also a last resort…I had no other choice, so I leaned towards Wannong Agriculture Co., Ltd.”

“As a well-known lawyer, Mr. Su, you should also be able to understand my situation and perspective.”

“Lawyer Su…you are a good lawyer, but this case is not easy to decide. Can you understand this, Lawyer Zhu?”

 For Fang Qiqiang, he suddenly found himself to talk about these things.

Su Bai was a little surprised. In so many cases in the past, sometimes he did have some contact with the judge and the presiding judge.

  But the contacts are all about court hearings, the law, and litigation claims.

 Other than that, there are almost no major interactions or in-depth exchanges.

Very rarely…the chief judge confided to him that the case was not easy to decide, or that there were some disputes behind the case.

Regarding Fang Qiqiang’s statement, Su Bai also understood that Fang Qiqiang’s situation was indeed difficult.

 But as a lawyer, wouldn’t he be embarrassed by the results of this method?

Su Bai also responded:

“Judge Fang, I know what you want to express, but as a lawyer, I also need to be responsible for my client.”

Facing Su Bai’s statement, Fang Qiqiang sighed, hung up the phone, and said nothing more.

 What should he do about this case? What should be the verdict?

 Judging from the current situation, no matter which angle or side he stands on, it is difficult to judge!

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)