visitor on iceberg

It took Zhao Yue a few days to finish the trial report, and as usual, it was discussed in the collegiate panel. The other two members of the collegial panel were Chief Judge Jia and his old partner, Lao Gao. After the trial, after both of them had read the trial report, Zhao Yue expounded his opinion: "As a national employee, Zhou Yunkun used his position to seek benefits for Huo Xiang, and then asked Huo Xiang for 35 yuan in the name of a loan. Yuan, his behavior has constituted the crime of accepting bribes, and the amount of bribes accepted is particularly huge, and the sentencing range should be more than ten years."

Chief Judge Jia said dissatisfied: "This Zhou Yunkun retracted his confession after pleading guilty. Thinking about it, I know that his defender taught him a new set of arguments. These old litigators are the best at taking advantage of loopholes in the law."

Lao Gao said: "However, the synchronous audio and video recordings of the first interrogation cannot be retrieved. He insisted that he was forced to confess in a disguised form, but after being forced into a disguised confession once, can he make four guilty confessions?"

Zhao Yue said: "It is impossible according to common sense, but he can't find strong evidence to refute his defense. This point can only be relied on free evidence." Zhao Yue paused, and then said, "The most critical focus of this case is It is whether the 35 yuan Zhou Yunkun received was a loan or a bribe."

"First of all, there is no written borrowing procedure for this money. Secondly, according to Article [-] of the Supreme Law's "National Court Hearing of Economic Crime Cases Work Symposium Minutes" on the crime of accepting bribes, in the case of soliciting or illegally accepting property in the name of borrowing In the determination, it should also be determined based on other comprehensive factors, such as whether there are legitimate and reasonable reasons for borrowing, where the funds go, what the relationship between the two parties is, whether there are economic exchanges, and whether the lender requires the state staff to use the convenience of their positions to seek benefits for them. , whether there is any intention and behavior to repay the loan after borrowing, the reason for not repaying, etc. "

"Combining the facts of the case, Zhou Yunkun sought benefits for Huo Gang first. By obtaining the bank account transfer records of the two, the two had never had any financial contacts before, and the relationship between cousins ​​was only in name. Zhou Yunkun accepted the 35 The prepayment of the new house had already been paid off before 35 yuan, and Zhou Yunkun still had ample savings at this time. After receiving 10 yuan, he even bought a new car. The reason for borrowing money to buy a house cannot be established. Zhou Yunkun had never There is no relevant evidence to support Zhou Yunkun’s opinion that his savings of [-] yuan should be left to his parents for retirement. Based on the above reasons, I think Zhou Yunkun is guilty of accepting bribes.”

Lao Gao agreed after listening: "I agree with your opinion."

Judge Jia did not immediately express his opinion, but said: "I have read the side file of this case, and among the thirteen trial committee members of the court of first instance, the number of the two opinions is very close."

Zhao Yue replied: "Yes, there is only one difference."

"But anyone with a discerning eye can see that Zhou Yunkun's acceptance of the 35 yuan should indeed be regarded as bribery."

Zhao Yue didn't understand President Jia's meaning, watching him and waiting for his next words.

Judge Jia gave a rare serious smile, and said: "Zhao Yue, you know, the procedure of handling an ordinary criminal case, the police are in charge of investigation, the prosecutor is in charge of prosecution, and when the suspect walks into court, it is up to the judge to judge the case." Whether to deprive them of their liberty, or even their life."

Zhao Yue nodded, with a dignified expression, "So we must be cautious in every judgment we make."

"During the process of handling a case, the police may arrest the wrong person, and the prosecutor may use the wrong charges, but this has not yet reached the final stage. In the end, the judge will make a final decision and make a judgment for the entire case, bringing it to an end. We When making a judgment, it is possible to continue the previous mistakes, and it is also possible to correct the mistakes. According to the lifelong responsibility system for the quality of case handling, once an unjust case occurs, the case handlers will not be able to escape their responsibility for the rest of their lives. The judge, our judgment not only determines the fate of the suspect, but also affects the fate of other investigators."

Chief Judge Jia smiled and continued: "The greater the power, the greater the responsibility. Prudence sometimes breeds fear, and fear often intensifies cowardice. Zhao Yue, you are still young, but the members of the judging committee are different. .”

Zhao Yue was silent, he had foreseen what Judge Jia would say next.

"Just now I said that those old litigators are the best at taking advantage of the legal loopholes, but as long as the legal loopholes exist, then someone will always take advantage of them. How likely is it to make four guilty confessions after one disguised confession, with ample savings but still No one can tell how likely it is to borrow money from others, but this possibility is definitely not zero. The indirect evidence in this case is very sufficient, but the two most critical points can only rely on free testimony .The risk of free testimony is great, it needs a lot of experience as a basis, but more importantly, the reason and conscience of the judge. Some people do not lack these, but they are not necessarily willing to take such a risk.”

Zhao Yue squeezed the trial report in his hand, lowered his head halfway, and said, "I understand."

President Jia patted him on the shoulder lightly and asked, "Are you disappointed?"

Zhao Yue relaxed his fingers, feeling a little weak, but still didn't raise his head, "I can understand."

Judge Jia stood up and said to him, "The trial committee will be held tomorrow afternoon. You should prepare well."

Zhao Yue couldn't help asking: "President, what's your opinion?"

Chief Judge Jia let out his usual laughter again, "Hehehehe, I agree with your opinion, you must be convicted." Zhao Yue suddenly raised his head to look at him, and Chief Judge Jia said again, "But this case will eventually go through the trial committee. After discussing and deciding, I don't know what the opinions of those old foxes will be."

Except for complex and difficult cases, according to the regulations, criminal protest cases must be brought to the judicial committee for discussion, and the results of the discussion of the judicial committee shall be the final handling opinion, and the sponsor of the prosecution must also be invited to attend as a non-voting observer.Zhao Yue's case was assigned as the last one. Before the discussion started, Zhao Yue went downstairs to pick up the case first, and stood at the entrance of the hall waiting for his eyes to see through.

The bailiff on duty teased him: "Hey, Zhao Yue, look at your eyes, waiting for your wife?"

Zhao Yue smiled and said, "It's true."

At this time, a car drove into the courtyard and parked in the open space. Zhao Yue's eyes lit up immediately, and the bailiff asked, "Why, are you here?"

Zhao Yue nodded, "It's finally here." The bailiff followed his gaze and saw a handsome guy getting out of the car and walking towards this side with big strides. The bailiff snorted and slapped Zhao Yue On the back shoulder, "This is your wife? Can you hold her?"

Zhao Yue shook off his hand indiscriminately, and said, "You don't need to know the secret between husband and wife like this."

Zhong Ling walked in front of Zhao Yue, avoiding those two affectionate gazes, and said without expression: "Let's go up."

"Okay, at this time, the discussion of other cases should almost be over."

The two walked towards the elevator, and the bailiff shouted at Zhao Yue: "Zhao Yue, take good care of your wife!" After speaking, thinking that Zhao Yue was embarrassed in front of Zhong Ling, he lowered his head and snickered.

Zhao Yue was eager to turn around and praise him for a job well done, and couldn't hold back the smile on his face, Zhong Ling asked coldly, "What did you tell him?"

The elevator door opened, Zhao Yue pushed Zhong Ling into the elevator, "Don't be so serious, he was just joking with us."

Zhong Ling still didn't let it go, "What did you tell him?"

Zhao Yue whispered in his ear: "I said you are my wife, although he thought I was joking, but what I said was the truth."

Zhong Ling felt ashamed for a while, "Why should I be your wife? It's not bad for you to be my wife."

Zhao Yue immediately stated: "No problem, I am willing!"

Zhong Ling found that he had dug a hole for himself again, so don't be annoyed at the beginning, and walked out as soon as the elevator door opened, Zhao Yue hurriedly followed, and said in his mouth: "I have already agreed to your marriage proposal, my lord Say what you say."

The two waited at the door of the conference room for a while, and after the discussion of other cases was over, it was finally Zhao Yue's turn to be in charge of the protest case.All members of the trial committee sat around a big round table, and Zhong Ling also found an empty seat and sat down. When everyone was ready, Zhao Yue began to report the case.

Zhong Ling listened carefully to Zhao Yue's report. At this time, Zhao Yue was serious and calm, and his speech was well-organized and logical. When answering questions, his thinking was quick and his reaction was quick.When Zhao Yue finished his report and was waiting for the members of the review committee to express their opinions, he smiled slightly at Zhong Ling who was across the round table, with just the right amount of complacency, like a child who got perfect marks in an exam and was expecting praise.

This smile made Zhong Ling a little flustered. At the moment when his eyes met, he couldn't help turning his face slightly. Out of the corner of his eye, he caught a glimpse of Zhao Yue still looking at him with a smile. Zhong Ling finally turned back hesitantly, and tapped lightly on Zhao Yue. nodded.

The members of the review committee expressed their opinions, and the discussion at the meeting was very intense. Zhong Ling had no right to speak, so he could only write down the speeches he thought were more important one by one.The discussion lasted for more than 20 minutes, and finally the dean said: "Everyone's discussion is almost over, now let's talk about your final opinions and confirm the results of the discussion." The dean looked at Zhong Ling, "Comrades from the procuratorate avoid it. "

Zhong Ling got up and left the table, and walked outside the meeting room.Watching him leave, Zhao Yue felt a little nervous. He didn't want to let anyone who committed a crime go unpunished in the case he sponsored, but this time the outcome couldn't be decided by him.President Jia sat next to him, smiled and patted his shoulder, "Don't be nervous."

Starting with the dean, each committee member expressed their opinions on the case in turn. Out of the [-] members of the judging committee of the Municipal Intermediate People's Court, eleven of them finally agreed with the collegial panel's opinion. Since Zhou Yunkun's behavior constituted a crime of accepting bribes, more than half of them.The stone in Zhao Yue's heart finally came down, he took a deep breath, smiled and whispered to Chief Judge Jia beside him: "Chairman, you are a senior I have always respected and trusted, but such a senior You will not be alone in the future."

"Hehehe." Chief Judge Jia laughed, "It sounds a bit jealous."

After the meeting ended, Zhao Yue caught up with Zhong Ling from behind and said relaxedly, "This case can finally be concluded."

Zhong Ling knew that the results of the discussion must be kept secret until the verdict was pronounced, and he had no intention of asking him, so he just said, "I'm going back first."

Zhao Yue looked at his watch, "It's past get off work time, let's have dinner together to celebrate."

Zhong Ling refused, "It's just the completion of routine work, nothing to celebrate."

"It's not just to celebrate the completion of the work." Zhao Yue said softly, "Today is my birthday, celebrate my birthday with me, okay?"

The author has something to say: The plot of the story is purely fictitious, and the description in the article does not represent the work behavior of the judicial department staff in reality. Please read the last sentence of the copy with the author Jun Mo, (please do not look for the truth of life in this article ) x3