It wasn't until I saw the president of an intermediate court in Qinghai remotely controlling the trial through WeChat that I found out that "In the Name of the People" was still conservative!
In the film and television drama, Chen Qingquan did not hesitate to seek skin with the tiger for his own interests, claiming: "I will try how you say in Qi Hall, I will try it as you say, I will find the legal basis, if you want Mr. Gao to win, I will find a way to let Mr. Gao win"
In real life, a similar situation has occurred, where the presiding judge is trying the case while checking the instructions of his superiors in the WeChat group:
"Don't discuss with him, interrupt, be tough, don't speak casually"
If it weren't for the defense lawyer's arrest, I really thought that the presiding judge would judge the case!
However, as the incident fermented, it is suspected that a reversal occurred! The local court reported: The court's WeChat guidance for the work of subordinates is in line with the regulations, and the defense lawyer who secretly took the photos is the party who violates the law.
So what's going on here? What kind of case is this?
According to Ersanli Information Report, on May 11, when a case was being heard in the People's Court of a county in Haixi Prefecture, Qinghai Province, a WeChat remote trial incident occurred by a superior judge.
According to online information, this is a case of suspected picking quarrels and provoking troubles that occurred in November 2020, when the county-level court had made a first-instance judgment and found that the 12 suspects constituted the crime of picking quarrels and provoking trouble.
In 2023, the Haixi Intermediate People's Court ruled to revoke the original judgment and remand for a new trial, and this incident occurred in the retrial court.
On May 11, the case was returned to the county-level court for retrial, but in the process, it was discovered by the defense lawyer of the suspected suspect that the intermediate people's court was suspected of using a WeChat group to remotely direct the trial in real time.
It can be seen from the pictures posted on the Internet that this is a group of 7 people, and the group is full of various deans, but I didn't expect these deans to be directing the trial.
After discovering this situation, the defense lawyer immediately called the police, and the police immediately seized and sealed the computer host used by the members of the collegial panel.
After the incident, the group of lawyers also made a statement on the situation, specifically the following points:
1. One hour after the incident began, the presiding judge abruptly adjourned the trial and subsequently left the courtroom;
2. They stumbled upon the chat group;
3. The next day, some lawyers went to the procuratorate and the provincial high court to report the situation, and the provincial procuratorate said that it would verify and deal with the situation, and the provincial high court was very angry and said that it would immediately deal with it in accordance with the law.
After the incident fermented, in order to verify the authenticity of the incident, some reporters called the relevant units, the Provincial High Court is investigating and verifying, and the Qinghai Provincial People's Procuratorate has also intervened.
And after seeing that this is like the plot in a film and television drama, netizens couldn't sit still:
"I'm shocked that you guys are shocked", "This is normal, when I first entered the industry, the teacher said that lawyers are the last light in this world"
"If you live long enough, you can see everything", "Is this in accordance with the regulations?" Where are the relevant explanatory provisions? "It turns out that Chen Qingquan is still conservative", "Maybe this is the reason why mobile phones and recording equipment are not allowed to enter"
"There was misconduct in court, so photographs were taken for evidence"
However, just when the comments of netizens were one-sided, the incident was suspected to have been reversed! On May 13, the local Intermediate People's Court issued a notice with the following specific points:
1. The defender did not abide by the court's discipline, entered the inaccessible area without authorization, and filmed the WeChat interface of the collegial panel members, and did not listen to the stop, and the staff had an argument, which was an act that seriously disrupted the normal work of the court;
2. The photographs were then sent to the defendant's family, which caused public opinion, which also interfered with the normal work of the court;
3. This case belongs to the "four types of cases", so the procedures for the higher level to guide the trial work of the lower court are in accordance with the regulations, but there is the problem of irregular measures in the supervision.
In other words, this kind of "curtain hearing" is the normal workflow of the four types of cases, but the regulatory measures are somewhat irregular, and it is the defense lawyer who violates the law.
In this case, what exactly are the "four types of cases"? Don't the defense attorneys know?
According to online information, the four types of cases refer to major, difficult, complex, and sensitive cases, which either involve the national and social public interests, or have a large controversy over the determination of facts or the application of law, or involve group disputes.
This case is indeed a case of picking quarrels and provoking troubles involving many people, so it does belong to four types of cases, but according to Phoenix Network Information Report, even if it is this kind of case, it is not to directly change the opinion of the collegial panel, but to submit the case to a professional judges' meeting, and then decide after discussion.
Therefore, what is the legal basis for this, and further clarification is needed.
So is this act of the lawyer suspected of violating the law?
According to the "People's Tribunal Trial Rules", no audio or video recording of trial activities, as well as other dissemination of trial activities, but the lawyer conducted it during the adjournment of the court, so whether it is illegal needs to be further explained.
However, after seeing this announcement, netizens fried the pot again:
"See, people say that it is normal to command the trial by remote control", "I thought it was a closed-book exam, but it was actually an open book"
"Even if Luo Xiang comes to this lawsuit, he will have to lose", "Fortunately, there is an Internet, how many people have not been discovered before"
"Now I don't feel at all when I see this kind of information", "Sure enough, big cases talk about politics, medium cases look at the impact, small cases rely on relationships, and law is used for exams"
Although netizens seem to be very angry, in this matter, it is obvious that the lawyer has misbehaved, as the defendant's lawyer, when the presiding judge adjourns the court, he should abide by discipline, not enter the trial area, let alone spy on the other party's computer, not to mention that he also took a photo and posted it on the Internet.
Although it seems that the superior is intervening in the case, in fact it is just a guide, hoping that the presiding judge will not be led by the other party and not fall into their rhythm, this kind of practice is like a few words of guidance from the leader in the workplace, but it is a little irregular, but the purpose is the same, it is hoped that the case can be tried normally.
But this practice of the lawyer not only disrupts the normal procedure, but also is suspected of using public opinion to exert pressure, after all, this is a case of picking quarrels and provoking troubles by 12 defendants, so about this incident, everyone still has their own opinions, but in any case, they should speak and look at it rationally, don't be led out of rhythm, and everything is subject to the official report.
What do you think about this? Welcome to leave a message to discuss!
Information source: Poster News "Judge's WeChat Remote Control Trial? Circular of Qinghai Haixi Intermediate People's Court》
Ersanli Information Douyin Account "Don't Discuss with Him" "Interrupt" Hard Air Point, Don't Speak Arbitrarily "Qinghai-The presiding judge was remotely commanded by the WeChat group for the trial, and the police arrived at the scene to seize and seal the computer host"