As a Lawyer, You Sent the Judge In? Chapter 205

Chapter 205 Compensation for 200,000? It's fine if you don't send it in. How dare you ask for money?

 At the court hearing.

Facing Xiao Lili's gaze, Li Xuezhen was not afraid at all.

 So many court trials have come.

 Stare? ?

Let's compare and see!

 Let's see who is better!

Xiao Lili noticed Li Xuezhen's gaze:? ? ?

 Subconsciously, he lowered his head to ask his aid lawyer, with a slightly nervous expression on his face:

“Lawyer Chen, will we lose this lawsuit?”

"I'm a little worried"

As a female lawyer, Chen Le is usually responsible for handling divorce cases and cases of unfair treatment of girls in marriages.

 Among them, there is also a certain understanding of cases of forcing women to have sex.

but

 She is just a practicing lawyer who has just become a regular lawyer and has little experience in handling cases.

 So I want to do some assistance cases and exercise my abilities.

 After learning Xiao Lili's statement and specific case details.

As a woman, she fell into empathy and thought that she must help Xiao Lili seek justice.

Facing Xiao Lili's worries, Chen Le comforted her softly:

“In this case, the prosecutor's evidence is solid and a public prosecution has been launched. It is not easy to lose the case…”

“Although the other party's lawyer is a barrister, it is impossible to overturn the evidence. Our chances of losing this case are very low.”

 “I promise to help you fight for your absolute legal rights.”

"Don't worry...that kind of scum should be punished as it should be."

 “Okay…thank you…”

“This time, it's not Lawyer Chen. You keep comforting me. I really don't know what to do.”

Xiao Lili expressed her grievance.

Chen Le smiled and nodded: "It doesn't matter, we are all women, we should help each other."

"Um!"

Xiao Lili smiled and nodded.

 At this time, Xiao Lili's mother Dong Zhu secretly pulled Xiao Lili's clothes.

Xiao Lili patted Dong Zhu gently with her hand, indicating that there was nothing to worry about in this lawsuit.

 At the court hearing, the clerk announced the court discipline.

 Three members of the collegial panel took to the bench.

 Presiding judge Li Yongchun banged the gavel and announced the opening of the trial.

  And start to follow the corresponding process.

This trial, as a public prosecution case, consists of three parties: the prosecutor, the prosecution and the defendant.

  There was no objection from either party to this trial.

After confirming that there were no problems with the process, Li Yongchun glanced at the other two judges beside him, Zhang Qi and Duan Lanlan.

 Then, the gavel was struck.

“The parties have no objections to this court's hearing and have not applied to avoid the issue. The trial phase is now beginning.”

“In this case, the prosecutor accused the defendant Zhang Tongwei of violating the provisions of the criminal law by forcibly having an improper relationship against a woman's will, right?”

Zhou Ran, the prosecution's main respondent, nodded: “Yes, presiding judge.”

“Confirm the cause of the case, then the prosecutor will begin to state the accusation.”

 “A good judge.”

Facing the presiding judge, Zhou Ran, as the prosecutor, began to state Zhang Tongwei's crimes.

“The prosecutor's statement on Zhang Tongwei's crime is as follows:”

“Based on the police records provided by law enforcement, the victim's confession, and the evidence provided by the victim, it is shown that the defendant seriously violated the victim's legal rights and interests.”

  “Achieving an improper relationship that is forcibly against a woman's will.”

“According to Article 236 of the Criminal Law, the provisions and conditions for the crime of rape.”

“The crime of **** refers to the act of forcibly having **** with a woman against her will by using violence, threats or other means.”

“The objective performance is that it violates women's legal rights, and the practice seriously violates women's subjective wishes.”

 “In this case.”

 “Based on evidence and confession:”

“Zhang Tongwei did have a relationship with Xiao Lili, and after the incident, Xiao Lili retained relevant evidence and filed charges.”

“Combined with the confessions of Zhang Tongwei and Xiao Lili, as well as the evidence provided by Xiao Lili, it is confirmed that Zhang Tongwei forcibly violated Xiao Lili's will.”

“That is, the prosecutor believes that Zhang Tongwei's criminal facts are established.”

“Based on the sentencing and punishment of this crime, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.”

“In this case, if the defendant cannot produce a letter of understanding or other valid proof, the prosecutor recommends a sentencing of three years in prison.”

“Presiding judge, the prosecution has finished its statement.”

 Three years in prison as charged by Zhou Ran.

It can be said that this is already the lightest recommended sentence when Zhang Tongwei did not receive a letter of understanding and his attitude of pleading guilty was not good.

You should know that those who confess are treated with leniency and those who resist are treated with strictness. This is still the case in court.

However, Zhang Tongwei has always resisted the crime and refused to accept punishment, and has always insisted that he did not force himself.

 So it stands to reason that he should be given a harsher sentence of at least three and a half years.

 The sentence recommended by Zhou Ran was obviously based on other aspects.

 At the end of the prosecution's statement.

Presiding judge Li Yongchun fixed his sights on the prosecution seat.

“Prosecutor, do you have anything to add to the prosecutor's application?”

 Chen Le heard the words of the presiding judge.

 Serious expression.

 “There is a chief judge.”

“Presiding judge, we believe that the prosecutor's recommended sentence is inappropriate, and we are applying for civil compensation.”

 “Why do you think it is inappropriate? What are the reasons?”

Li Yongchun frowned slightly and asked.

 As the main judge of this case, I have a general understanding of the case.

how to say

Under the premise that Zhang Tongwei is found guilty, this sentence can be said to be very reasonable.

 He doesn't think there's anything unreasonable about it.

Facing the presiding judge's question, Chen Le continued to speak:

“Presiding Judge, we believe that in this case, Zhang Tongwei violated Xiao Lili's subjective wishes, violated the law, and caused serious impact and consequences on Xiao Lili.”

“Currently, Xiao Lili has suffered serious mental losses in front of her relatives and friends because she was forcibly forced by Zhang Tongwei.”

“So Zhang Tongwei should be severely sentenced.”

"in addition."

“Based on Zhang Tongwei's injury to Xiao Lili, we believe that the defendant should compensate our victim 200,000 yuan for mental loss, insult to personality, etc.”

“Presiding Judge, the above is our litigation application.”

 After Chen Le finished his statement, he looked up at the presiding judge's seat.

Li Yongchun frowned slightly and said nothing.

Su Bai smiled when he heard the other party's statement. The female lawyer opposite her seemed to have little experience in court trials.

Could it be that you want to gain experience as an aid lawyer?

 Suffered mental damage and claimed 200,000 yuan? How dare you ask for it!

  Co-authorship and non-reconciliation both want money, right?

 Su Bai: .….

Li Yongchun banged the hammer and asked the defendant to start making statements.

Su Bai has studied this case thoroughly, pulled out the litigation materials, and stated:

 “Presiding judge, we will plead not guilty.”

“Application to dismiss the prosecution's complaint and the prosecution's supplementary complaint.”

“We believe that our side does not have the criminal facts alleged by the prosecutor.” “First of all, I would like to state a condition, which is that throughout the entire process of this case, we are a passive party.”

  “This is the premise.”

“In addition...the evidence reports issued by the prosecutor and law enforcement parties are only one-sided confessions and one-sided evidence, and have not been confirmed by the facts.”

“For this trial, the most important factor in determining whether our client is guilty of a crime is evidence.”

  “And it is substantial evidence.”

 “Based on the evidence provided first.”

“What is the evidence provided by the prosecution?”

“The evidence provided by the prosecution indicates that the victim's confession is now available, and there is also a recording.”

 “What does this evidence prove?”

“This evidence can only prove that a relationship took place, that is a fact.”

 “But it does not prove that it was against one's will.”

“The prosecution used such evidence to determine the fact that Zhang Tongwei had **** against Xiao Lili's will.”

 “But what does the process look like?”

“The specific process is that Dong Zhu asked Zhang Tongwei if he was unhappy when he had **** with Xiao Lili last night.”

“Is Xiao Lili not very happy...”

“This evidence is supplementary evidence based on Yu Xiao Lili's confession.”

  “But it actually did not directly explain the specific situation at that time.”

 “Also, I have another question.”

“When Dong Zhu questioned our client Zhang Tongwei, he specially brought a voice recorder to record the matter.”

“I would like to ask the presiding judge and members of the collegial panel, what was Dong Zhu's identity at that time?”

“Zhang Tongwei and Xiao Lili were engaged at that time, and Dong Zhu's identity was Zhang Tongwei's prospective mother-in-law.”

“The mother-in-law went to her son-in-law's house to ask about this kind of thing, and she also carried a voice recorder..."

 “To ask specifically about this matter... is simply unreasonable.”

"also.…"

“Xiao Lili and Zhang Tongwei have had multiple relationships before, according to our client's confession. Why did they have to report our client for coercion when they had a relationship this time?”

“We don't quite understand the above two questions. Presiding judge, I would like to ask the prosecution or prosecution to answer these two questions completely...”

“Otherwise, no matter what the court decides, we think the decision is unreasonable and will continue to appeal.”

Su Bai raised his head slightly and looked at the presiding judge's seat.

After hearing Su Bai's statement, presiding judge Li Yongchun subconsciously glanced at the position of the defendant's attorney.

 He also knew that with Su Bai around, this case would definitely be difficult to hear.

Didn't you see that last time, did you send one of their colleagues away?

 The request made by Su Bai can be regarded as a relatively reasonable request.

 These two issues are also key issues in the trial of this case.

Although the prosecution's indirect evidence, Xiao Lili's confession and the evidence in Dong Zhu's possession showed that Zhang Tongwei did engage in forced behavior.

But….

He didn't know whether this kind of case should be tried elsewhere.

 However, in this court hearing, the opinions of all parties must be combined before making a judgment.

Facing Su Bai's statement, Li Yongchun sorted out the application statements from the three parties, and then looked at the prosecutor and defendant seats.

“The court has finished sorting out the statements made by the three parties.”

“The court will now summarize the details in this case and the process in the litigation application.”

“First: Zhang Tongwei and Xiao Lili had a relationship. This is a fact.”

“Second: During the relationship, Xiao Lili showed that she was unhappy, but Zhang Tongwei still continued. This can be confirmed by Zhang Tongwei, Xiao Lili and the recording evidence.”

“Third: Zhang Tongwei and Xiao Lili were unmarried before the incident.”

“Do all parties have no objections to the above three points?”

 These three points are all based on solid evidence and facts.

Neither the prosecution, prosecution nor the defendant had any objections.

 There is no objection from all parties….

Li Yongchun continued: "In response to the defendant's questions, can the victim or the prosecutor make a statement and explain the reasons?"

 Zhou Ran did not speak.…

At this time, Chen Le, the prosecution's assistance lawyer, raised his hand to answer.

“Now please ask the prosecutor's attorney or the victim to answer these two questions.”

"OK."

Chen Le said: "President, these two questions are actually easy to answer."

“The first one is why Dong Zhu, as the mother-in-law, brought a voice recorder to question her son-in-law.”

“First of all, Zhang Tongwei and Xiao Lili have not received their marriage certificates yet, and they are not legally married. In actual terms, Zhang Tongwei is not Dong Zhu's son-in-law.”

"in addition.…"

"Why do you need to carry a voice recorder... This only shows that Dong Zhu has legal awareness. His daughter has suffered great injustice, and it is reasonable for him to seek justice for his daughter."

“Xiao Lili is Dong Zhu's family member, but Zhang Tongwei is not Dong Zhu's family member. He has a certain legal awareness and comes to ask what kind of injustice his daughter has suffered. Isn't it reasonable?”

"As for the second point, the answer is easy. Although the two people have had relationships many times before, they are not yet married. In this case, if Xiao Lili is unwilling, it is also a forced behavior."

"It cannot be said that Xiao Lili was willing before, but if she is not willing now, it does not constitute forced behavior."

“Women's rights need to be protected. Even after marriage, the use of violence is considered coercion!”

“So, as for the defendant's question, we think it is very naive and the defendant does not respect women's rights at all.”

 “I think this is a serious act of prejudice.”

“Presiding judge, we have finished answering the defendant's questions.”

After Chen Le finished speaking, he looked coldly at Su Bai at the defendant's seat.

Su Bai looked at Chen Le, smiled and shook his head.

This assistance lawyer is on the top?

 The victim answered the questions himself.

 It is not a rational thing to answer like this in a criminal proceeding.

If the victim later retracts his confession or the defendant produces other substantive evidence.

This assistance lawyer is suspected of perjury!

Facing Chen Le's words, Su Bai said seriously: "May I ask the victim to entrust a lawyer? Can your words and deeds represent the victim?"

“Here I would like to remind you that in a criminal case like this, the words and deeds of the entrusted lawyer represent the victim, so if the testimony is reversed, the entrusted lawyer needs to bear corresponding legal responsibilities.”

Su Bai's reminder was serious.

 Because during court trials, especially in sexual assault cases, the woman's confession can easily be changed for certain reasons.

  Criminal cases are generally non-full representation, while civil cases are full representation.

 Because once you are fully represented in a criminal case, then if the client tells lies and you don't know, but you are represented, the case will be wrongly judged.

Lawyers will definitely be sent in for suspected perjury.

 This is why most lawyers are very careful when representing criminal cases and value evidence.

only.…

Face Su Bai's reminder, Chen Le was completely unaware of the dangers of criminal litigation representation.

 From the bottom of my heart, I believe that good sisters can't deceive good sisters, right?

 PS: Please give me a monthly ticket~

I have seen several marriage cases and found them outrageous.

The first one is that the man and woman did not know each other, but they were in a relationship. The woman accused her of rape, and the man was imprisoned for two years. A case in Shanxi.

There was also a chief judge who ordered the man to divorce and leave the house, but then he turned around and fell in love with the woman...

Please give me a monthly pass~

 (End of this chapter)

Chapter end