Chapter 529: Chapter 177: Is Innocence Enough?
Impossible!
(Additional update for missing) _2 Chapter 529: Chapter 177: Is Innocence Enough?
Impossible!
(Additional update for missing) _2 But once it was weighed, the problem beca very clear.
Old Tang received the judgnt from the clerk and hurriedly went back to prepare to leave with his briefcase.
As he walked out the door, he encountered a judge who smiled and said, “Lawyer Tang, where are you rushing off to?”
Upon hearing this, Old Tang shook the judgnt in his hand and said, “To the Handong Province High Court to confirm that one of your criminal judgnts was wrong.”
The judge, upon hearing this, said, “Oh, you’re going to the High Court to confirm…
...
confirm what?
Our judgnt was wrong, or it’s a criminal case?”
Before the judge could say anything more, Old Tang had already left the building.
The judge was suddenly nervous but quickly cald down.
“I’m a civil court judge, why worry about this?
But I might ntion it to those fellows in the criminal division.”
Getting to the Jingzhou Interdiate Court usually ans it’s an appeal, which also ans the person definitely went in…
This could an big trouble, like the inevitable state compensation.
After leaving the court, Wang Qingqing had arrived and was waiting in her car.
“Qingqing, let’s go to the Handong Province High Court!”
The High Court was not located in Bright District; Old Tang rarely ca here.
In fact, for most cases, you simply wouldn’t reach the High Court of Handong Province.
The last ti he ca to the High Court was for an administrative litigation case.
This ti it was to appeal a criminal case.
Liu Xuehong had been locked up for seven months by now.
So he had to move quickly!
In the Handong Province High Court’s case filing chamber, Old Tang handed over the appeal materials.
The staff carefully reviewed the docunts and soon noticed sothing odd.
“Hey, Lawyer Tang, this judgnt looks very new…”
It indeed looked very new, as if it had just been printed not long ago, but the seals on it couldn’t possibly be faked.
Upon hearing this, Old Tang chuckled and said, “New, right?
The Interdiate Court just handed it down half an hour ago, so of course, it’s very new.”
The staff: “…”, not knowing what to say, could only respond with a nod.
The reasoning on the appeal petition was simple, following Old Tang’s original line of thought.
Once the administrative act was invalidated, the act of public service in the cri of obstructing official business had been deed illegal, and since all acts were illegal, any resistance by the public was, of course, not an issue.
Similarly, the appeal petition also appealed against the civil part of the case.
It argued that the other party had illegally entered Liu Xuehong’s ho and attempted to force Liu Xuehong to leave through violence.
During this process, Liu Xuehong had defended herself, and this defense should legally be recognized as self-defense.
Since it was self-defense, there was certainly no need to compensate, and as for who should bear the dical expenses, I didn’t know, but certainly, I shouldn’t have to pay for them.
It wasn’t just about being found not guilty; the money also had to be recovered.
Moreover, the mission goal was to educate the offender, and re acquittal might reach one hundred percent completion, but that wasn’t enough!
Since it was an illegal act, the act of entering the residence should be deed unlawful entry, a violation of residential rights, and both parties had engaged in a conflict where Liu Xuehong also suffered minor injuries.
Not a penny of the compensation money could be missed!
The staff inside carefully reviewed all the docunts and with a serious expression said, “Lawyer Tang, I’ve just briefly looked through your appeal, and we will accept it here!”
Wrongful convictions have always been a sensitive topic, even if it’s just a wrongful conviction with a one-year sentence.
This had to be accepted because the appeal was reasonable and, more importantly, new evidence was available!
Jingzhou Interdiate Court made a judgnt, then by their subsequent administrative judgnt, they overturned their own criminal judgnt, which left the staff sowhat bemused.
After leaving the High Court, Old Tang returned to Tengda.
The High Court had already urgently initiated a judicial supervision procedure and began contacting Jingzhou Interdiate Court, mainly to obtain the original hearing records, evidence, and judgnt docunts that had convicted Liu Xuehong.
The High Court could decide to send the case back for a retrial or to review it themselves, and now, the High Court was going to review it themselves.
At the Interdiate Court, when the judges learned of this matter, the judge who had greeted Old Tang earlier finally understood the aning of his words…
On November 25th, Liu Xuehong’s case for obstructing official business was retried!
Just as Old Tang had previously stated, the focus of this case was not on the case itself but on another case.
Having the administrative act deed illegal through various efforts, the retrial and change of judgnt were just a matter of following the logical course.
All actions of administrative organs must comply with legal provisions.
Once an administrative action is deed illegal, any resistance should not be treated as a cri.
This is a fundantal logic and an important part of the modern rule of law.
You can’t say that your action is illegal and people can’t resist; resisting a little and being called a criminal makes no sense.
“The Court holds that, the cri of obstructing official operations requires…
that the public service therein must have the legality of execution…
and according to the original trial’s findings, the appellant’s obstructive actions only caused minor injuries to two people.
Therefore, the appellant’s behavior should not be considered criminal.”
“As the administrative action was illegal, according to Article…
of the Criminal Law, the appellant should be recognized as acting in self-defense.
Thus, the Court considers that with respect to the accompanying civil compensation part, the original civil litigant must return [the compensation]!”
“The judgnt is as follows:”
“First, revoke the …
by Jingzhou Interdiate Court, and the civil plaintiffs, Liu ××, Zhang ×× should return [the compensation]…”
“Second, revoke the …
of Jingzhou Interdiate Court…
which convicted defendant Liu Xuehong of obstructing official operations…”
“Third, the original defendant, Liu Xuehong, is found not guilty.”
This judgnt is final.
Listening to the judgnt, Old Tang finally smiled.
The case had a significant impact; it was not only taken seriously by the High Court, but the High Procuratorate also intervened and put forward their opinion, which was that Liu Xuehong was innocent.
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