What's wrong with this lawyer?!-Chapter 1040 - 337: Passing the Buck, huh? Find a place to do it slowly!
Chapter 1040 -337: Passing the Buck, huh? Find a place to do it slowly!
Signing after a meal, a stack of white slips bankrupting a restaurant—many people must have seen news like this.
Some might doubt, how much money can you really spend on meals?
Naive, aren’t you? The alcohol and cigarettes are all taken from the restaurant. You still think it’s just the meal costs?
And sometimes, while the eating continues, leadership changes. When new leaders take over, things get even messier. Some places even outright claim that it’s been too long, many of the accounts from back then have been lost, so the matter just drags on and on…
These issues were intensively addressed for a period, which is why you may feel like they’ve disappeared now.
Lu Jianshe’s reason for making a report back then was simple—his restaurant was forced to close because of all the unpaid white slips, and his attempts to collect debts led to a conflict with the leader involved.
Out of frustration, he turned around and reported the leader.
Lawyer Tang has already received feedback here; the other side said what Lu mentioned was indeed true.
When Lu went to collect payment back then, he was given the runaround. The new leader didn’t acknowledge old debts, telling him to “go find the person who signed for it.” When he found the leader who had signed, that person claimed it was all official consumption by the unit and refused to meet him.
Going back and forth like this made Lu Jianshe so angry that he thought, “If I can’t live well, I’ll make sure you don’t either.” And thus, he reported the leader who had originally signed.
Having run the restaurant for many years, with leaders dining there countless times, of course Lu had heard and seen some things.
However, following his anger-driven report, Lu himself was arrested for false accusation and convicted of framing someone, getting sentenced to six years.
After various measures like sentence reductions, Lu served four years inside. Upon release, he didn’t appeal.
His mindset was just to avoid trouble, figuring, “I can’t afford to mess with them, but I can stay away from them.” He gave up on the money and opened a small breakfast stall to eke out a living.
Like this, nearly ten years passed. It wasn’t until his son encountered the current incident that he realized he needed to stand up for his rights.
Lawyer Tang quietly listened, occasionally asking a couple of questions, sometimes using his skills to cross-check facts.
Finally, after Lu Jianshe finished explaining everything he knew, Lawyer Tang said, “Alright, I’ve got a general idea of the situation now. Hand over those white slips, as well as the original judgment documents and so on.”
“I’ll send you the entrustment contract later. You won’t need to participate in the next steps, and for safety’s sake, try not to show your face either.”
Upon hearing this, Lu Jianshe grew a bit nervous and said, “Lawyer Tang, is this… is there going to be some danger involved?”
Danger? Lawyer Tang grinned, revealing his bright white teeth: “Not quite that serious. It might just get a little loud, that’s all.”
“Keeping you out of sight is simply to avoid unnecessary trouble. Alright, that’s settled.”
Watching Lawyer Tang walk away slowly, Lu Jianshe rubbed his head, still puzzled. It’s just an appeal for his own case—why would there be a bit of noise?
The lawyers he consulted before hadn’t mentioned anything about it being noisy.
Oh well, Xiaofeng is a graduate student at Politics and Law University and is going for a Ph.D. His recommended person surely wouldn’t be a problem. Plus, with his son like that, Lu decided he might as well stay at the hospital to care for his son.
Meanwhile, Lawyer Tang headed back to his hotel while beginning to map out a plan for this case.
Lu Jianshe indeed had knowledge of many things, but from so many years ago, it’s impossible that he recorded or videotaped everything at the time—thus, his report lacked any evidence.
Back then, people were bold, and after drinking, they would say just about anything. The social atmosphere was entirely different from today, with the internet not as developed.
Before this, Lu Jianshe had approached many departments, including the People’s Court and the Procuratorate, but none initiated a retrial. One major reason was the statute of limitations for appeals.
“The Supreme People’s Court’s Several Opinions on Regulating Case Filing for Retrials by the People’s Court,” Article 10 specifies: For appeals regarding criminal cases, if the appellant submits within two years after the sentence has been fully executed, the court shall accept the appeal. If the appeal is submitted after two years and meets one of the following conditions, the court shall accept:
First, it may result in the original defendant being declared not guilty;
Second, the original defendant submitted an appeal within the timeframe specified in this article, but the People’s Court did not accept it;
Third, it concerns a difficult, complex, or significant case.
Cases not meeting the provisions above will not be accepted by the People’s Court.
From this, you can clearly see that two years is the appeal time limit. Beyond two years, whether the appeal is accepted becomes very subjective.
In what situations might someone be declared innocent, or what counts as a difficult, complex, or significant case—all of this is at the discretion of the People’s Court.
Someone like Lu, directly saying they’ve been wronged, would likely be ignored. Their reasoning being perfectly valid: “What took you so long? This case happened over ten years ago, and now you’re crying injustice?”
Thus, Tang’s general thought process wasn’t wrong—new evidence was absolutely necessary, and it needed to be evidence that could potentially exonerate Lu Jianshe before initiating a retrial.
That meant they had to clarify the situation involving the leader from back then. At the very least, they needed to get him into an investigation.
As for whether this leader might truly be clean as a whistle… Lawyer Tang would have a good laugh before believing that.
But here’s another question—what evidence could compel the relevant departments to launch an investigation?
Lawyers don’t have authority to investigate; their role is limited to gathering information, and even then, gathering information is just one method.
Therefore, the key to breaking through lies in these white slips!
Now, since that unit refuses to acknowledge these debts, and the previous leader said all the dining was for entertainment purposes—well then, the first step is to clearly define the nature of these accounts!
