According to usual practice, as long as the court is in session, there will basically be no major fluctuations, and even the judgment has been drafted. In a case like Lu Qiao's, the amount involved is small, the so-called facts are clear, and the evidence is sufficient. Therefore, there is not much difference in the sentencing and judgment according to the criminal law. It can be said that you are not fighting an unprepared battle.
This is what ordinary people often say: "The coffin is ready to contain the person."
But the court was adjourned just after 11 o'clock. It seems that Fang Qin's defense did put pressure on the prosecutor and also caught the collegial panel off guard.
At noon, the room behind the courtroom where Lu Qiao temporarily stayed was full of people coming in and out. First, Zhang Junyi arranged for Xiaoqiang to send the two lawyers back to the hotel to rest; then Liu Daqiang personally bought a lot of meals for Shen Fei and Zhang Junyi to accompany Lu Qiao to eat; and then Daqiang's wife held the chicken soup in his hand and coaxed him from side to side. Okay, Lu Qiao finally took a few sips, and a satisfied smile bloomed on Daqiang's wife's face.
The court session will not start until after 2 p.m. There are only two bailiffs on duty, this is the norm. Because Lu Qiao is not a serious criminal, nor a violent criminal, nor a criminal with incomplete behavioral capacity. In other words, Lu Qiao himself does not have all the characteristics of a serious criminal. Therefore, the court did not form a reinforced class to guard Lu Qiao. On the contrary, the two bailiffs on duty also opened Lu Qiao's handcuffs, and everything seemed to be moving towards a good momentum.
The most difficult thing was when Shen Fei and Zhang Junyi accompanied Lu Qiao to dinner.
Lu Qiao still didn't want to talk. At most, he saw Liu Daqiang jumping in and out, with a slight smile on his lips.
Shen Fei put the rice and vegetables in a bowl and handed it to Lu Qiao: "Here, eat something. You still have to stand there for so long in the afternoon, how can you not eat?"
Lu Qiao said nothing.
Zhang Junyi also said: "Eat some, people are like iron rice and steel. If you don't eat one meal, you will feel hungry. Eat, as much as you can."
Lu Qiao still remained silent.
"If you don't eat, if Lao Zhang wants to beat you again like last time, I won't be able to control him." Shen Fei even used the trick of coaxing children.
Lu Qiao snorted slightly, but remained silent.
It was only at this time that Shen Fei saw Lu Qiao's hands turned red from the cold. He held them up and repeatedly rubbed the frostbite with his hands. He felt terribly distressed. He stared all over the room looking for Liu Daqiang: "Daqiang, can you buy some frostbite ointment or something like that?"
Daqiang stepped forward to take a look and panicked: "I'll go, there's a pharmacy nearby." After saying that, he ran outside.
Lu Qiao took his hand out of Shen Fei's palm and put it into his pocket, looking at Shen Fei a little irritated.
Erqiang¡¯s wife poured Lu Qiao a glass of warm water from a thermos. Lu Qiao said ¡°thank you¡± and drank the glass of water in one go. Then she took out the two chocolates that Officer Qiu had given her from her pocket, peeled off the paper, broke them apart, and put them into her mouth one by one.
Zhang Junyi was a little confused, fearing that it was something else, so he quickly grabbed it and put it under his nose to smell it. It was indeed chocolate, and then handed it to Lu Qiao: "Eat it, chocolate is fine, it's no worse than this meal."
Lu Qiao finished eating the chocolate and drank a few mouthfuls of chicken soup, which made her feel a little more energetic and her face looked better. She closed her eyes slightly to rest.
Shen Fei and Zhang Junyi had no choice but to eat by themselves. A noon passed like this. Lu Qiao didn't make any request, Shen Fei didn't have a chance to say a word of personal truth, let alone Zhang Junyi, it was not his turn.
The court session in the afternoon was more lively than in the morning.
When Shen Fei and his party filed into the auditorium of the court, they actually saw five or six Japanese soldiers including Yamano and Oda!
Shen Fei was stunned for only a moment, and it immediately came to his mind that Fang Qin had informed the Japanese when collecting evidence.
He walked quickly towards the mountains, smiled and extended a friendly hand to the senior manager of Japan xx Co., Ltd.
"Mr. President Shen, we were detained at the airport for three days. Oh, no, we were detained. We are late. I'm sorry!" Xiaotian bent down and held Shen Fei's hand.
"It's good to be here. It's not easy with the ice and snow everywhere." Shen Fei said.
"Mr. Yamano came from Japan on a special trip. These are seniors from our company's headquarters and are here to cheer!" Oda pointed to the Japanese accompanying him and introduced to Shen Fei.
"Cheering?" Shen Fei smiled: "These two words are inappropriate to use here. The court is in session here, and we are all here to observe, not to cheer."
"Yes, yes. I said it wrong again." Xiaotian smiled sheepishly.
"This is Mr. Zhang from Canada, my partner." Shen Fei solemnly introduced Zhang Junyi to Shanye and Xiaotian.
"This is my partner in city n, Mr. Liu Daqiang." Shen Fei addedDaqiang introduced him to Shanye, Xiaotian and others.
Next, Shen Fei, Zhang Junyi and others still sat in the same seats as when the court opened in the morning. Yamano, Oda and others sat in the row behind them. Liu Daqiang insisted on sitting on the edge of the aisle, so Shen Fei reluctantly let him go.
After a while, the lawyers, prosecutors, and judges appeared in court in order. Finally, Lu Qiao was taken to the cage by the bailiff.
Just when the judge announced the start of the trial, the six Japanese people walked out of their seats one after another, came to the edge of the cage, and lined up in a row to bow to Lu Qiao. The presiding judge was also confused. After whispering to a judge next to him, the judge said to the bailiff: "Please maintain order in the courtroom."
As soon as the judge finished speaking, he saw the Japanese turning back and bowing to them, and then these people lined up and returned to their seats.
¡°Now that the trial is in session, please ask the prosecutor to present evidence.¡± The judge said.
The Japanese who had just sat down took out a piece of white cloth from their pockets and tied it on their heads. Several red Japanese characters stood out. You can even guess the Japanese characters and see that they are inseparable. The red characters mean: "petition".
The presiding judge whispered to the judge again. The judge stopped giving instructions to the bailiffs. Instead, he pointed at the Japanese with a bandage on their head and said, "Where are you from? Why do you have a bandage on your head?" Maybe it's because These people bowed to the judges and had a relatively gentle attitude.
Shen Fei said to Xiaotian: "We don't have this habit in China, so we should take it off, otherwise the judicial police will intervene."
Shan Ye was sitting upright. He couldn¡¯t understand Chinese anyway. He looked at the judge who made a sound with a serious face and made no move.
Oda explained to several Japanese one by one, and finally took off the white cloth strip. It was Oda who helped Shan Ye take down the strip of cloth. Shan Ye was a little angry, but didn't insist.
Zhang Junyi thought to himself: Fortunately, the trial is not open to the public, otherwise it would be funny if a reporter came and made the news.
The presiding judge signaled the judge and repeated it again: "Please present the evidence and materials from the prosecution."
The prosecutor stood up and said: "Presiding judge, judge: Although the defense believes that 500,000 yuan is a seizure, and although the defense once again submitted relevant evidence and materials, we believe that Lu Qiao is guilty of misappropriation. According to Criminal Law Article 38 Article 14 stipulates that anyone who withholds public funds for more than three months and refuses to return them will be deemed to have misappropriated public funds and be held criminally responsible. This is the first point we want to elaborate on."
Fang Qin submitted a defense request to the presiding judge, but was rejected by the presiding judge.
"The second point we elaborated on is that the defendant's lawyer emphasized the defendant's subject qualifications, and we have different opinions. There are also certificates issued by the Shanghai Municipal Industry Office, the Economic and Trade Commission, Shanghai xx Group Co., Ltd., etc. to prove that Shanghai xxxx Company is a fully state-owned company. Proof of corporate investment, and evidence proving that Lu Qiao is a formal employee of the Shanghai company."
When the prosecutor said this, Shen Fei could no longer maintain his reserve. He lowered his head slightly, his face looking gloomy. Zhang Junyi knew that these materials were evidence that Shen Fei tried his best to prove that Lu Qiao was an employee of the Shanghai company and successfully transferred Lu Qiao to Shanghai.
Because the Japanese were sitting behind him, Zhang Junyi gritted his teeth and said, "You are
¡°ajerk!¡± (You¡¯re an asshole!)
Shen Fei said softly: "They understand English. If you want to scold me, you might as well use Mandarin."
Zhang Junyi looked straight ahead and said: "What a bullshit CEO, you are so thick-skinned!"
Shen Fei ignored Zhang Junyi and smiled instead.
The prosecutor was eloquent and continued to make the following prosecutorial opinions.
Liu Daqiang couldn't help it anymore, stood up and shouted to the court: "President, you can't listen to them! They clearly know the true identity of my brother Qiao, and they want to put my brother Qiao to death just for the 500,000 yuan!" "
"Quiet!" The judge also knocked on the table like the presiding judge did that morning. Then after asking the presiding judge for instructions, he said: "Now let the defense lawyer give his opinion."
Fang Qin said: "Presiding judge, judge, the evidence materials we submitted to the court this morning can clearly explain the nature of 500,000 yuan, and can also prove that my client does not have the subject of the prosecution's accusation. In order to further express our Views and opinions, and now submit relevant evidence to the court: one is Lu Qiao¡¯s salary slip of city government staff before his first trial; one is Lu Qiao¡¯s social insurance policy, and the other is Lu Qiao¡¯s housing provident fund One of the payment forms is a copy of Lu Qiao¡¯s public medical card.¡±
After lawyer Gong submitted these pieces of evidence to the presiding judge, Fang Qin continued: "The question now is, since the prosecution emphasized that Lu Qiao is an employee of the Shanghai company, what does the evidence we presented show?"
? ???Qin asked with a smile on her face, and then glanced at the auditorium: "According to the Labor Law, any unit must sign a labor contract with them when hiring employees. Has the Shanghai company contacted my client? Have you ever signed a text similar to a labor contract? Even a draft text signed by my client with his name is fine. Can you bring it out?"
"Okay!" Liu Daqiang sat alone in the auditorium and applauded desperately!
"Quiet!" the judge said again.
"Providing some supporting materials and stamping an official seal will not explain the problem, let alone be used as evidence in court! Let's imagine that a person's working relationship is with the original unit, and now a company does not pay wages, nor does it care about social security, The Provident Fund doesn¡¯t even care about organizational and personnel relationships, so what exactly is the relationship between this person and this company? Is it in compliance with my country¡¯s Labor Law?¡±
The law is very quiet. Fang Qin said excitedly: "My client is in this state. In this state, she also made great contributions to the Shanghai company and even sacrificed one of her children's legs! So why did she She made such a huge contribution to attract investment, and she was making a contribution to our city."
¡°That¡¯s great, thank you Lawyer Fang!¡± Liu Daqiang clapped again.
The presiding judge seemed to be in a difficult position. He wanted to attack Liu Daqiang again and ask him to leave the court. However, he only applauded and did not roar in court. So I opened the Internet and ignored Liu Daqiang's performance for the time being.
The prosecutor stood up again and asked to speak, and the presiding judge allowed it.
The prosecutor said: "The defense's opinion is biased. Since he is already the general manager of Shanghai Company's n city branch and the chief commercial representative of the entire region south of the Yangtze River, and has been entrusted by the legal person of Shanghai Company to participate in international and domestic bidding many times, Even if he has won the bid multiple times, isn¡¯t the identity of the defendant very clear? Now we provide evidence to the court again: one copy is signed by the legal representative of the Shanghai Company and authorizes the defendant to use the Shanghai Company¡¯s control, negotiation and contracting rights without restriction written materials of the rights; one is the signature of the defendant on a single contract involving an amount of 250 million, and the seal is the contract seal of Shanghai XX Company. These two materials are now submitted to the court."
After the bailiff submitted the prosecution materials to the presiding judge, the prosecutor continued: "Even the n city branch also has the qualification of a legal person. The name of the legal person is consistent with the name on the enterprise code certificate, and it is the defendant Lu Qiao!"
The atmosphere in the courtroom instantly became tense. A loud voice floated in the French capital, it was Liu Daqiang:
"Presiding judge, please think logically! If I, Liu, are capable of winning a big market, will the legal person of this company also give me the corresponding market operation rights and corresponding operation platform? Yes Aren¡¯t you going to entrust me to participate in bidding and sign contracts?¡±
"Please don't make any noise! ??This is a court!" the judge said seriously into the microphone.
"No!" Liu Daqiang walked forward from the aisle: "The company in city n is only a second-level institution, I know this very well. The reason why I, brother Qiao, are allowed to be the general manager and legal person is because this damn company in Shanghai sees it Taking advantage of my brother Qiao¡¯s connections, they are taking advantage of my brother Qiao, making me act like a weakling, and letting my brother Qiao delay his son¡¯s treatment for them, and finally send my brother Qiao to the ward!¡±
The bailiff came over and stopped Liu Daqiang from going any further. Liu Daqiang pushed the two bailiffs hard and continued: "My brother Qiao is a government civil servant. All her connections are in City N. She is neither fame nor fortune. In the end, we ended up with this kind of fate! If you judge without conscience, you will definitely not end well!"
Two more bailiffs came up, and the four of them drove Liu Daqiang outside the court. Liu Daqiang was still screaming: "You are just interested in this 500,000 yuan! You just want to put it in your own pockets! If my brother Qiao hadn't been for his son, she would only withhold such a small amount of money! Her daily The income is not just 500,000, but millions, and her annual sales are more than one billion yuan! You"
Liu Daqiang was silent. He was dragged out of the courtroom and perhaps muzzled by bailiffs.
When Daqiang's wife saw Daqiang being dragged out of the court, she knew the danger was serious. Then she shouted at the court: "You are wicked, please give back to my husband! If my husband has any shortcomings, I will fight you to the death!" After saying that, Daqiang's wife left her seat, ran forward, threw the thermos bucket forward hard, and then sat on the ground and cried.
There aren¡¯t many people in France, but it¡¯s chaos! I didn't know how to clean up, but I saw the six Japanese people stood up, clapped their hands, and chanted "Oh, oh, oh!" rhythmically.
At this time, Lu Qiao was very quiet, lowering his head and doing something very attentively. Shen Fei and Zhang Junyi were sitting behind Lu Qiao and could not see them. All I see is judgment? asked: ¡°Defendant, what are you doing?¡±
Lu Qiao replied: "I have frostbite on my hands, and I am applying ointment."
"Defendant, the court is in session now. You are not allowed to do anything unrelated to the case!" the judge said sternly.
"Are you still going to deprive me of my right to treat frostbite?" Lu Qiao used the ointment to confront the court, which meant that he was dissatisfied with the court's control of Liu Daqiang.
¡°Those people in the back sit down, otherwise this court will take severe measures!¡± The judge pointed at a few Japanese who were still screaming and said.
"This is the voice of the people. Can't you hear clearly or are you just pretending to be confused?" Xiaoqiang couldn't bear it anymore and squatted next to his sister-in-law and yelled.
The presiding judge asked: "Who are you?"
Xiaoqiang picked up the thermos bottle from Erqiang¡¯s wife and slammed it to the ground: ¡°I am the people!¡±