As a Lawyer, You Sent the Judge In? (Strong Wind And Thick Fog) - Chapter 508
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- As a Lawyer, You Sent the Judge In? (Strong Wind And Thick Fog)
- Chapter 508 - Not allowed to be released on bail pending trial? I'll take action directly!
Chapter 508: Not allowed to be released on bail pending trial? I’ll take action directly!
Bail pending trial generally refers to a case where the law enforcement and prosecutorial departments believe that the suspect does not pose a serious social harm.
Or, the suspect has a serious illness.
Requires treatment outside, but there are no corresponding medical conditions in the detention center or prison.
criminal suspects cannot escape jurisdiction and custody and can be detained at any time.
In this case, you can be released on bail pending trial.
It’s just that while on bail awaiting trial, criminal suspects need to be summoned by law enforcement agencies whenever they are summoned.
Of course…Zhang Hongtao’s release on bail pending trial does not apply to using the above points to apply for release on bail pending trial.
Why does it not apply?
Because whether the criminal suspect poses a serious social hazard or not, this needs to be determined by the prosecutorial department and law enforcement departments.
Now Xu Mingyuan has stated that certain measures will be taken against Zhang Hongtao.
That’s it, this matter can no longer be delayed according to their original plan.
“But having said that, Director Qin, the higher ups have put so much pressure on us, and we have withstood the pressure for such a long time.”
At present, Zhang Hongtao has not been detained for six months and can only continue to wait.
.
….
As for the prosecutorial department.
Xu Mingyuan is not willing to bear such a big responsibility. This matter is not in his interests enough for him to bear such a big responsibility and bear such a big blame.
With a maximum of two months, you can be released on bail pending trial in accordance with the law.
The first time he learned that Su Bai proposed to be released on bail pending trial, Xu Mingyuan had already determined the general situation in his mind.
Originally, he thought that this matter could be solved well, but who would have thought that this situation would happen frequently now.
In Qin Xiao’s office, Xu Mingyuan reported to Qin Xiao immediately after receiving Zhang Hongtao’s application materials for bail pending trial.
“If you want to delay it any longer, you may have to resort to illegal procedures and procedures.”
From this point of view…it will definitely be refused to be released on bail pending trial on the basis that it does not constitute serious social harm.
If he continues to implement the original plan, then he may have to bear full responsibility.
Rather than following Xu Mingyuan’s threat, he needs to stay in the detention center for one year.
Xu Mingyuan once again raised the idea of asking about the above, and also suggested that procrastinating it all the time was not an option.
In this case, it is completely possible to be released on bail pending trial.
This is the situation for Zhang Hongtao now. The case has not been concluded, but he has been detained for nearly four months from the time he was detained, to the end of the first instance, and now to the second instance of appeal.
Qin Xiao asked Xu Mingyuan his opinion on this matter.
Now Qin Xiao’s idea is very simple, that is, if this matter is not handled well, it may cause resentment.
After all…according to legal procedures, compulsory release on bail pending trial can only be implemented six months after the expiration of the period.
No matter which of these two points, he felt that it was unacceptable.
after all.…
“We can only delay it for the last two months.”
So when Qin Xiao asked him, Xu Mingyuan expressed all his inner thoughts.
There is another compulsory way of bail pending trial, which is for some cases with lighter sentences of criminal detention or fixed-term imprisonment, if the case is not completed and the corresponding sentence has been reached.
anyway.
That is, two months later will be the final deadline to be released on bail pending trial.
That may have a negative impact on your future development.
“It’s not an option to keep delaying it like this. What do you think, Director Qin?”
“Isn’t there some explanation above?”
The above will not have much impact on him.
“We may not be able to delay this point any longer. After all, this is a necessary condition for being released on bail pending trial under the law.”
“There are no circumstantial circumstances that can be discussed on this point.”
“Could it be that just because of pressure from above, we must do such a risky thing? Although we can always use supplementary investigation as a reason to examine Zhang Hongtao under the condition of compliance, after being released on bail pending trial, we can There hasn’t been much progress.”
However, within the scope of the law, he can make certain statements and win the favor of his superiors, which will also pave the way for his future development.
Su Bai had already anticipated this situation.
“Following illegal procedures and procedures involves great risks. We can’t take such a big risk just because of a call from above, right?”
Xu Mingyuan immediately said: “Director Qin…if we wait two more months, Zhang Hongtao will have been detained for six months. According to legal procedures, he can indeed be released on bail pending trial.”
After leaving the detention center, Su Bai quickly applied to the law enforcement and prosecutorial departments for bail pending trial.
But it has yet to obtain the consent of the law enforcement and prosecutorial departments.
In fact, he doesn’t have to do anything about it.
Faced with Xu Mingyuan’s answer, Qin Xiao showed a trace of displeasure on his face.
Xu Mingyuan also saw the displeasure on Qin Xiao’s face, but this was the only way to handle the matter.
Then we must think of other ways.
Although Qin Xiao was unhappy, he knew very well in his heart that everything Xu Mingyuan stated now was very objective.
So he spoke:
“There is no explanation above…the implication behind this is that we should deal with Zhang Hongtao seriously.”
“The current situation is indeed very difficult.”
“Well, let’s wait another two months, wait six months, let Zhang Hongtao be released on bail pending trial, and then investigate for a few more months and bring the matter back to the court.”
“As for whether Zhang Hongtao pleads guilty or not, and whether he will be found not guilty in the end… we have done our best here anyway.”
“You can also complain to the higher authorities…”
Xu Mingyuan nodded, now as long as Qin Xiao agrees with his point of view.
In this case, they can completely separate themselves from each other and still have a certain explanation.
As for the bail pending trial, Xu Mingyuan greeted the corresponding staff and told him to reject the request for bail pending trial for the time being, and would agree to Zhang Hongtao’s bail pending trial within six months.
After doing this, Xu Mingyuan took a long breath, knowing that things had reached this point.
There is nothing better they can do next, after all…so far, everything that needs to be done has been done.
.
….
On the other side, inside Bai Jun Law Firm.
When Su Bai learned that his application for bail pending trial was rejected, Su Bai was not too surprised.
He already knew from the beginning that bail pending trial would most likely be rejected.
Furthermore…since this case involves laws and regulations, it is very difficult to handle.
When Li Xuezhen learned about this situation, she instantly became sad, her little face full of distress:
“Lawyer Su…the other party is completely taking advantage of the legal boundary to detain Zhang Hongtao.”
“We…do we really have to wait a few more months?”
Su Bai nodded: “If we follow the law, within the regulations, we need to wait a few more months before Zhang Hongtao can be released on bail pending trial, and one year before Zhang Hongtao can obtain the rights and interests he deserves under the law.”
“If we don’t follow the law… it should be faster…”
Li Xuezhen’s eyes lit up when she heard this: “If you don’t follow the law, Lawyer Su…what can you do if you don’t follow the law?”
Su Bai smiled: “It won’t be long before you know.”
….”
It didn’t take long.
At the administrative department of Guangzhou Province, dozens of express parcels arrived at the door of the administrative department.
The address written on the express delivery is the administrative department, such-and-such office.
The security guards in the administrative department were stunned when they saw these express delivery.
Who is this?
Do you understand the unspoken rules of administration so well?
And when sending express, send express or postal express, not just one letter, but dozens of letters in a row.
What are you doing?
There is such a rumor among the unspoken administrative rules circulating outside. There was once a person who was stuck by the administrative department because of a certain matter and could not solve it.
So I asked someone to find connections and found a retired person who had worked as a manager in the administrative department.
The retiree said, this matter will be taken care of by me. I have acquaintances. As long as you listen to me, I will definitely make arrangements.
In fact, it turns out that the retiree did not have any acquaintances, but he still managed to get things done.
How is it done?
It is to use postal express to list all the relevant information materials clearly one by one, and then send them to the office of the head of the administrative department.
After the head of the administrative department saw this email, he asked his subordinates to handle the matter.
Then the matter was settled.
This situation falls under the unspoken rules of administration.
The security personnel at the door showed a meaningful smile after seeing these emails.
So many emails… This already shows that the other party is also an insider.
And the issues involved are quite serious. It is estimated that the leader’s secretary will come to deal with this matter soon.
Sure enough.
After sending all these emails to the leader’s office, the leader opened the email, and the consistent content on the email was—
Presiding Judge Zhang Hongtao is a good judge in a certain court in a certain area. He has been detained for four months and still has not received any explanation.
I hope the law can give Zhang Hongtao a clear explanation.
Whether it is a verdict of guilty or not guilty, we hope that the court can give a reasonable verdict.
After learning about the relevant situation, the leader immediately asked his secretary to ask Zhang Hongtao what the case was about.
And the leader gave special instructions to resolve the impact of this case as soon as possible.
Also let the court give a verdict as soon as possible.
Whether he is guilty or not guilty, the investigation must be clear as soon as possible and do not delay for too long!
After hearing what the leader said, the secretary immediately contacted the leaders of the prosecutorial department and the court, informed them of the matter, and expressed the leader’s attitude.
Procuratorate.
In Qin Xiao’s office.
Facing Xu Mingyuan, Qin Xiao slowly said:
“This matter is difficult to handle. The leadership already knows about this matter and urges our prosecutorial department to supplement evidence as soon as possible. If there is no supplementary evidence, the case will be withdrawn.”
“I think we need to handle this case as soon as possible and discuss it with the court.”
“What do you think?”
Xu Mingyuan nodded: “This matter should be discussed.”
“Um!”
Hearing Xu Mingyuan’s suggestion, Qin Xiao immediately called Guan Yuandong.
Guan Yuandong also received a call from the leadership secretary, and was about to discuss with Qin Xiao what to do about this matter.
I received a call from Qin Xiao.
Qin Xiao was the first to speak: “Dean Guan, you left this matter to us, and now the leader requires that this matter be resolved as soon as possible.”
“What’s your idea… over there?”
Guan Yuanshan was silent for a few seconds: “My side… To be honest, it’s not easy for me to handle it either.”
“Zhang Hongtao’s client lawyer is a well-known barrister in China and has such great influence on the Internet. If I uphold the original judgment of the first instance, then I will have the tendency to bend the law.”
“I am the one who takes the blame for this matter…”
“I definitely can’t take the blame for this. Otherwise, will you withdraw the lawsuit?”
“Then you’re letting me take the blame?”
Qin Xiao’s voice became louder: “I think so, no one of us should take the blame.”
“Following the normal procedure, you declare a not guilty verdict, but for Zhang Hongtao’s behavior, he needs to be fired from his judicial position, how about that?”
“In this way, we have an explanation to the superiors, and we have a result, and there is no wrongful judgment.”
“Is this okay?”
“Um.…”
Guan Yuandong nodded: “Okay!”
“I think this result is acceptable, so let’s follow the method you mentioned.”
After hanging up the phone.
Guan Yuandong took a long breath. Zhang Hongtao’s case has come to this point, and he did not expect that the final result would be a verdict of not guilty.
If you had known that the verdict was not guilty, why would you have gone through so much trouble in the first place?
But then again…
The current verdict of not guilty is because the leader gave him a greeting and gave him an explanation to his superiors.
In any case, the verdict of not guilty is a verdict of not guilty, but Zhang Hongtao was deprived of his public office.
It can be regarded as a certain punishment for Zhang Hongtao.
Thinking of this, Guan Yuanshan called Xiaoshan into his office.
Then he informed Xiao Shan of the content of the call with Qin Xiao just now.
Xiao Shan nodded after hearing this result.
“As a result, we don’t need to be punished at all, and Zhang Hongtao will still be punished to a certain extent.”
“It’s a good result.”
For Xiao Shan, this case was tried by him as the presiding judge.
The verdict is not guilty, and he does not need to be punished in any way.
This is a good result.
“Hmm…that’s right.”
Guan Yuandong opened his mouth:
“I have already informed the prosecutor, and it is estimated that the trial will be held in the next few days.”
“At that time, the court will go through a process, a verdict of not guilty will be announced, and Hong Tao will be dismissed from public office in accordance with the public office management regulations.”
Soon, Bai Jun Law Firm and Su Bai received the court hearing notice.
Su Bai had already expected this result, and Li Xuezhen’s eyes were shining brightly.
“Lawyer Su…your approach is too powerful!”
“Are all those mails sent by us?”
Su Bai smiled: “Of course not. If they are all sent by us, it means that we have taken advantage of the rules. We will definitely not be able to do it if we are found out.”
“These emails are from ordinary people who had helped Zhang Hongtao during the trial, and they were spontaneously willing to do something for Zhang Hongtao.”
“I contacted our Bai Jun Law Firm… and I gave them this method.”
“profound.”
“Looking at it this way, Zhang Hongtao is really a good judge, and he actually allowed so many people to help him spontaneously.”
“Um!”
Su Bai took a long breath. From this point of view, Zhang Hongtao is indeed a good judge.
But then again.
This case has finally reached trial. To be honest, the trial process of this case is much more difficult than other cases.
It’s much more complicated.
In any case, this case only needs to wait until the trial, and then Zhang Hongtao can be cleared.
The complexity is only complicated on the eve of the trial. Now when the trial begins, all the troubles are solved!
.
….
PS: Please give me a monthly ticket~
(End of this chapter)