It was another May day, and Tang Fangjing still woke up early. He looked at the calendar that was almost completed and nodded. Today is not a suitable day for prosecution.
Yesterday, Lao Ge informed that the corresponding surveillance investigation had been completed, but among the times he mentioned, bullying was found in only three of those times.
It doesn't matter, you don't need two, you only need one surveillance video to prove it.
It proves that this campus bullying is long-term and exists for a long time!
This not only involves the issue of Liu Yan's legitimate defense, but also the issue of reasoning with those little beasts. Obviously, only the law can reason with them at present.
The procuratorate's review and prosecution will soon come to an end. Old Tang originally thought that the parent would do something sexy, such as posting it online, but he didn't expect that the other parent would not do such a thing.
Guan Qiaolian is on the phone at Jingzhou First Hospital.
"Prosecutor Deng, I really didn't lie to you. They haven't visited my son once since he was hospitalized, they haven't paid a penny, and they haven't said a word of apology!"
"Yes, how can I forgive you? It's the same with the other three companies. Last time we met, their lawyer said they were using self-defense."
On the phone, prosecutor Deng Hui's voice rang: "Okay, I understand the situation. That's it for now."
After hanging up the phone, Guan Qiaolian went all the way back to the ward. Since the procuratorate gave them the notice of review and prosecution to the families of the victims, several families have been communicating with Prosecutor Deng.
The main issue is understanding, which is one of the reasons why Guan Qiaolian doesn't post random things online.
Another reason why she doesn’t have wild hair is that no matter how she cuts the videos, there are still clips of her son slapping people in the face. Although she thinks it’s nothing to fight between children, she still feels it’s inappropriate to post it online.
That's why I didn't post it. Without these, Guan Qiaolian would have posted it online.
The child is in intensive care, but the parents of the other child never show up, don't pay a penny, and don't say a word of apology. That will definitely attract a lot of attention.
He shook his head and walked back to the ward. His son had been discharged from intensive care a few days ago and transferred to the general ward, where he was currently playing games on his mobile phone.
"Zi Xin, stop playing around. Do you know that the doctor said you need to rest more now?" Guan Qiaolian stepped forward and said with a gentle face, which was completely different from the way she often cursed others when speaking to others.
However, Li Zixin, who was on the hospital bed, heard this and yelled: "You are done with it. Can't I just lie down and play for a while now? It's so annoying!"
Guan Qiaolian said quickly: "Okay, okay, then let's play for a while. Mom is also worried about your health."
Li Zixin is exactly sixteen years old this year. She is really annoyed at the moment and has waves of fear.
He never expected that the girl who was usually as weak as a rabbit would dare to stab him with a knife, and he almost died!
Li Zixin didn't think she had done anything wrong. Her "girlfriend" Zhao Lingling didn't like her, so she would definitely help her.
Besides, who made her so "crazy"?
Many junior high school students who don't fit in will think that you are too crazy and need to be taught a lesson...
So sometimes some things in junior high school feel very baffling.
"Mom, didn't you say that Liu Yan and her parents would definitely come to apologize and ask for forgiveness? It's been several days since they came." Li Zixin suddenly put down her phone and shouted.
"Mom has just asked the procuratorate. If the other party wants leniency, they must have a letter of understanding from us, so don't worry, son, they will definitely come and make you like this. An apology and compensation are indispensable."
Li Zixin didn't speak, and the expression on his face was a little distorted. Although he didn't think he had done anything wrong, he was already scared.
Although he always boasts that he is willing to fight with his life, but...most of the people who can really do cruel things are the kind of taciturn people.
Not only Li Zixin, Zhao Lingling's family, but also the other two families who had been discharged from the hospital were all waiting for Liu Jianguo to come, but they waited and waited to no avail.
At this time, Tang Fangjing received another call from the prosecutor, asking him to go to the prosecutor's office again.
Of course, Old Tang came directly. It was close anyway, and he came over in minutes on a small electric donkey.
After the result came, the first thing the other party said was to ask about the letter of understanding.
"Deng Jian, I will not get the letter of understanding. You have also seen the evidence and know what the children from those families did before. They deserve it!" Tang Fangjing said directly.
Deng Hui frowned again: "Lawyer Tang, logically I shouldn't interfere in your defense work, but do Liu Yan's parents know about this?"
Old Tang nodded when he heard this and said: "They know it very well, and they have entrusted me with this matter and made me fully responsible. Therefore, there must be no letter of understanding between Deng and Inspector."
Deng Hui didn't know what to say. This Tang Fangjing was like a stupid young man. Is this how criminal defense work is done?
He has been doing public prosecutions for a long time and has met many criminal lawyers.
But I really have never seen such a lawyer.
Because criminal lawyers rarely engage in such desperate behavior, especially now that there is an option to avoid criminal punishment.
Although the court may not always listen to the prosecutor's office's sentencing recommendations, at least the prosecution is definitely stronger than the defense in court.
Tang Fangjing still looked directly at the prosecutor who was already quite old. Ever since he went crazy, he felt that he was indeed very different from his previous life.
At least in his previous life, it was absolutely impossible for him to communicate with the prosecutor in this way. Jianghu is not a fight, but a human affair.
Even though the prosecution and defense are supposed to be on opposite sides...
"That's it. I should hand over the case for prosecution within a few days." Deng Hui shook his head and said.
Tang Fangjing nodded: "Okay Deng Jian, I'll leave first."
In fact, the level of public prosecutors also varies from high to low. In some public prosecution cases, you can see how powerful they are. In some cases, prosecutors will be questioned by the defense in court and can only speak nonsense.
In fact, if you think about it carefully, you can understand that many powerful defenders have resigned from the courts and procuratorates. Why? Because the income as a lawyer may be more than ten times that of the original one.
It would be strange if his level could not compare with those of public prosecutors who are paid exorbitant wages...
The prosecutor had some opinions about himself, which Tang Fangjing thought was normal, because his behavior was really a bit crazy, and it was okay for normal people not to accept it.
It all depends on your ability!
After the procuratorate's review and prosecution was completed, and when the court trial came, the corresponding notice was again sent to the victim and his family.
At Jingzhou City Hospital, several parents and students were confused. Didn't they say that the other party must ask for a letter of understanding during the review and prosecution? Why didn't they even fart after such a long time?
This is going to be prosecuted!
"Is their family really not afraid of being sentenced? Or have they been brainwashed by the lawyer named Tang?" Guan Qiaolian was very puzzled.
I was so focused on waiting to apologize, but in the end, I didn’t even think about it!
"Hey, Prosecutor Deng, this has been prosecuted. What's going on? They still haven't come yet!" Guan Qiaolian shouted into the phone.
On the other side of the phone, Deng Hui was a little uncomfortable hearing this tone. He just said that the defendant might seek forgiveness, but now the other party's tone seemed to feel that he had done something wrong.
"I don't want to forgive you anymore. Just go through the normal procedures. You know, I still have something to do."
Listening to the blind tone coming from the mobile phone, Guan Qiaolian felt angry again. Why is everyone bullying them? Who are they giving face to!
"Isn't there going to be a court hearing? We will all go to attend. We want to see if the man named Liu will quarrel with the man named Tang after he is sentenced!" said Zhao Dehan next to him.
During this time, they have also been learning about the legitimate defense mentioned by the other party. Not only did they check it online, but they also specifically asked lawyers.
The lawyer named Zhang Wei told them that the identification of legitimate defense is extremely strict. Currently, in Jingzhou City, there are very few cases that can be recognized as legitimate defense by the court.
Not only that, Lawyer Zhang also gave them a thorough analysis, which sounded very professional.
So after Zhao Dehan finished speaking, Guan Qiaolian nodded repeatedly: "That's true. It's useless for us to do anything now anyway. We might as well go to the court to watch the excitement."
Worried, Guan Qiaolian called lawyer Zhang Wei again, and the reply she received was: Now the situation is obviously beneficial to you, so why bother.
That's right. It's clear that the other party is going to be sentenced, so we don't need to worry at all. Lawyer Zhang is still professional.
If you have any cases in the future, you must contact Lawyer Zhang.
In this atmosphere, Liu Yan's intentional injury case came to court.
In Tengda Law Firm, Tang Fangjing was putting stacks of files into his handbag, while in the office, Lao Song was watching quietly.
Finally, Old Song spoke up and said, "Did you know that someone went to the Lawyers Association to report you before?"
"Of course I know. Lao Cheng is here. He must be chosen to help." Tang Fangjing looked casual.
"Thankfully he can give that kind of reason. Let's not talk about him for now. Are you sure about your case? If you're not sure, just accept the prosecutor's office's advice!" Lao Song looked serious.
You know, the current success rate of legitimate defense defense in China is only one in a thousand. Out of a thousand cases that may involve legitimate defense, only one will be recognized as legitimate defense by the court!
You can see how difficult it is.
In Lao Song's eyes, although Lao Tang was very high-level, it was in the civil sector, and he didn't want to see such a genius being beaten to the ground.
Tang Fangjing said nothing and continued to pack his things. Miss Xiaoyan came in with water and looked at the two of them without knowing what to say.
"Old Tang!" Old Song's voice became louder: "Lawyers can't be so reckless in their work. If you don't accept the procuratorate's advice and lose the case, you will become the laughing stock of lawyers, you know? You won't be able to take cases in the future. !”
When Tang Fangjing heard this, a wry smile appeared on his lowered face, but the wry smile immediately turned into laughter.
"Haha, Lao Song, have you forgotten what I said before? I will never compromise. Since Lao Liu believes in me, I must win!"
"Besides, you haven't had much contact with criminal cases. This case is simpler than you think."
After saying that, he picked up his huge handbag and walked out, humming the familiar words again: "I am originally from Wollongong..."
Looking at Tang Fangjing's retreating back, Lao Song was full of doubts. Sometimes he didn't even know where this guy's confidence came from.
Do lunatics not only have privileges in life but also in litigation?
After all, this guy has really created one miracle case after another since his debut...
Miss Xiaoyan also remained silent. She actually wanted to listen, but unfortunately this case involved minors and the trial was not open to the public.
In the criminal court of Guangming District Court, Tang Fangjing had already arrived early to start preparations.
The materials that should be submitted before the trial are submitted first, and then take a look at the prepared defense ideas.
Strategically, he despises his opponents, and tactically, he values his opponents, although this case is indeed not too difficult.
Regarding today's presiding judge, Old Tang also studied a lot of judgments.
This is not for the sake of litigation, but to teach the prosecutor a lesson. He has not prosecuted a criminal case for a long time, and he is really excited today.
However, the judge’s temperament still needs to be studied. If the judge doesn’t want you to talk at all, then no matter how awesome you are, you will have no choice but to shut up.
Fortunately, I know through research on past court trials that this judge is not that kind of person, so there is no problem.
Lao Liu, who was the agent beside him, took out a medical record report and said: "What you asked me to do before has been done. Is it useful?"
"We'll find out later if it's useful." Tang Fangjing said with a smile.
Not long after, I saw several familiar figures appearing on the opposite side.
If you look closely, you will see that these are the parents of the students. Yes, they are participating in the trial as plaintiffs in the incidental civil lawsuit.
It's just a little strange. Those people looked at me and Lao Liu very wrongly, as if they were waiting to see some joke.
Do they think he, Old Tang, will lose today? Who gave them the confidence?
While Tang Fangjing was complaining silently, the prosecutor arrived and so did the presiding judge.
Accompanied by the sound of all the clerks standing up, the presiding judge and judges walked in.
Liu Yan was brought in and sat in the dock.
Then comes the routine procedure to confirm the identity of the defendant, the alleged crime, the members of the collegial panel, whether to apply for recusal, etc...
The court investigation phase soon entered, and the prosecutor opposite, Deng Hui, began to read out the prosecution opinion.
After the opinion was read out, the presiding judge began to question Liu Yan.
"Defendant, do the facts alleged in the prosecutor's indictment exist? Are the charges found guilty? Have you voluntarily pleaded guilty?"
Liu Yan looked back at Tang Fangjing. She was so nervous in this situation that she was speechless.
But the judge's routine inquiries are unavoidable. This is not a civil case after all.
Finally, Liu Yan remembered what Tang Fangjing had taught her before and started to answer one by one.
"The facts of the accusation do exist, but the accusation is not true. My behavior at the time was self-defense...I did not take the initiative to plead guilty."
Liu Yan's words basically explained Tang Fangjing's defense idea today. It's very simple, you hit yours, and I'll hit mine!
Whether intentional harm exists or not, it definitely does exist. There is video evidence, and there are witnesses and physical evidence, it is very clear.
If there is no legitimate defense factor, this case can be completed directly in the detention center with a quick criminal trial. The facts of the case are too clear.
Therefore, Tang Fangjing is not prepared to spend any effort in this area. Even if you try your best to find a breakthrough in the procedure, what can you do? If the evidence collection procedure is flawed, it does not mean that the evidence cannot be used at all.
So it doesn't matter if the other party accuses you of intentional harm at will.
Tang Fangjing only defended the case from the perspective of self-defense, which is "you hit yours, and I'll hit mine."
The prosecutor began to ask questions, and Tang Fangjing concentrated his attention.
The question of determining intentional harm was freely asked by the other party, but Tang Fangjing only paid attention to one point, that is, Li Zixin and several others asked Liu Yan to take off her clothes, and then went up to pull the other party's clothes, causing damage to the clothes.
Of course, this was actually a trap, and he had no intention of defending it in terms of unlimited defense.
Merely pulling on clothes is not enough to determine that the two men are committing or preparing to commit rape...
This is just a trap dug for the prosecutor.
"Defendant, did the other party take out Li Zixin's switchblade before you picked it up?"
"No."
"Defendant, did Li Zixin and the other six people use anything else when they beat you?"
"No……"
The prosecutor's questioning is actually what we call asking questions knowingly and without saying what your behavior was. The prosecutor wants to prove that you have committed a crime. This is their responsibility.
None of the previous questions were beyond Old Tang's expectations, but the prosecutor suddenly asked a question.
"Defendant, when Li Zixin and others tore off your clothes, did they make any intrusive actions?"
ah? Liu Yan was stunned. She didn't know what to say. Old Tang had already spoken: "Objection, the prosecutor is asking the defendant inducing questions!"
Leading questions are another method that has been complained about countless times in the criminal court, but some people always use it.
The presiding judge said: "The objection is valid. The prosecutor is not allowed to ask leading questions."
Deng Hui frowned and then said: "The prosecutor has finished questioning."
Old Tang smiled. Sure enough, the other party really fell into the trap and thought he was going to defend himself through unlimited defense rights.
This defense work will naturally be done, but the core is not here.
"Now we will enter the stage of evidence and cross-examination, and the prosecutor will be asked to provide evidence on the alleged criminal facts."
Deng Hui looked at Tang Fangjing opposite, and then began to give evidence.
"Evidence 1, the surveillance video near the toilet at the time of the incident..."
However, what he didn't expect was that Tang Fangjing on the opposite side said directly: "I have no objection to the legality of this evidence, its relevance to the case, and its objectivity."
The other party actually didn’t have any objections?
Next comes evidence two, which Tang Fangjing still has no objection to.
After doing this several times, not to mention Deng Hui, even the presiding judge and judges above were a little surprised.
But I was just surprised. After all, there are many weird things in the criminal court. There were lawyers who were confused by the prosecutor's questions. When making their final statement, they simply said, "I agree with the prosecutor's opinion."
This chapter is not over, please click on the next page to continue reading!
It is said that the defendant's face was as dark as the bottom of a pot at that time, and he looked like he wanted to kill the lawyer...
A pile of evidence proved that there was intentional harm, and Tang Fangjing had no objections.
Guan Qiaolian and others looked at each other there. Although they didn't understand, they felt that their side had an advantage!
It was Tang Fangjing's turn to give evidence. The first evidence he presented was also video material, and it was also obtained during the investigation of the public security agency...
Except for the part where Liu Yan took action later, it was almost exactly the same as what the prosecutor presented.
The first thing Tang Fangjing had to prove was that Liu Yan's stabbing of Zhao Lingling and three other people met the conditions of general defense!
Sure enough, the prosecutor on the opposite side was stunned. He had indeed prepared a rebuttal if the other party proposed unlimited defense, but general defense...
After all, he was a professional. Deng Hui quickly conducted cross-examination: "There are objections to the strength and relevance of the evidence. A knife was not used in the beating, and the defendant's use of a knife to fight back clearly exceeded the limit."
Tang Fangjing didn't care what the other party said, so he gave evidence again. The second thing he wanted to prove was that the few times Liu Yan stabbed Li Zixin were also legitimate defense.
Although it is an injury case, there are two stages that need to be proven separately.
Deng Hui retorted again: "After Liu Yan's first stab, Li Zixin was obviously retreating. At this time, it can be regarded as the violation has stopped, but Liu Yan chased after him and stabbed him twice. These two stabs were obviously not legitimate. defensive."
This is why Tang Fangjing felt that the other party was too rigid. Before a certain legitimate self-defense landmark case, the judicial system determined this.
But not only did the classic case come about, but there was also a judicial interpretation jointly issued by the two high authorities and the Ministry of Public Security, so this kind of thinking had to change.
However, it does not rule out that the prosecution does not want to take the blame...
Finally, it was time for the court debate. In front of everyone, Tang Fangjing stretched out his hand and rubbed his mouth...
The presiding judge couldn't help but want to remind the other party to abide by court discipline, but he held back the words. It seemed that the court discipline did not stipulate that you cannot rub your mouth...
Old Tang didn't care about this. He rubbed his mouth as if he had finished warming up and said, "Presiding judge, may I ask the prosecutor a few questions?"
The presiding judge nodded: "Okay."
Tang Fangjing looked at Deng Hui and said, "I would like to ask the prosecutor, does the violation you consider only the time of the attack, or is it a whole series of acts?"
Deng Hui felt bad when he heard this question. The young man opposite did not follow martial ethics. He was digging a hole for himself!
But what can I answer? I can only say: "Of course it is a continuous behavior."
This is the mainstream view of self-defense.
"Okay, second question, when a person is besieged by many people in an emergency, can he only fight back based on the opponent's attack method, or can he just pick up anything to fight back?"
It's not over, right? Lao Deng looked at the chief judge above, but the chief judge was still there, as if he was studying the file attentively, as if there were flowers on the file.
The prosecution is naturally strong only when the judge supports it, but if the judge is there for fun, then the prosecution will be too strong.
Deng Hui gritted his teeth and said, "Of course you can pick up anything to fight back."
Tang Fangjing smiled and then looked at the presiding judge: "I have finished asking my questions."
At this time, the presiding judge's ears were very good again, and he immediately confirmed: "The prosecutor will give his opinion next."
Deng Hui lowered his head and began to read the manuscript dryly. This trial would not be made public, otherwise he felt that he had been embarrassed.
Because the opinions he read were completely contrary to his own answer just now...
Especially the lawyer across from him looked at him as if he was seeing a gold mine.
By the time Deng Hui finished reading the manuscript, Tang Fangjing over there had already started.
"We can know from Evidence 1 and 6 that the defendant was constantly bullied by these classmates at school, and she had been beaten for five minutes at that time, and her head had been injured. It can be said that the situation was extremely urgent!"
"Under such circumstances, the defendant picked up the switchblade dropped by Li Zixin in order to escape. His attacks had no clear purpose and he rushed towards those who were blocking him. It was obviously self-defense."
"Of the three stabbings that Li Zixin caught up with and stabbed later, although Li Zixin was retreating in the last two stabbings, considering the situation at the time, his infringement did not obviously stop, so it can be considered that the infringement is still continuing..."
Old Tang didn't speak for too long. After he made his meaning clear, he didn't say anything more, but this stopped Deng Hui from speaking again.
He was taught a good lesson by the young lawyer.
The presiding judge looked at the prosecutor and smiled involuntarily. In fact, the Supreme Court had said before that the public security organs and procuratorate should not always push the determination of legitimate defense to the litigation stage.
After all, what is linked to legitimate defense must be at least serious injury. Doing legitimate defense means that there may be trouble. Although the public prosecutor and the law are the same family, brothers will sometimes quarrel.
Finally, the statement began, and Lao Liu began to state it passionately. Tang Fangjing didn't say anything anymore. He could basically conclude that he had won.
The collegial bench adjourned for deliberation. Tang Fangjing finally took time to drink water. He took out a document from his handbag and looked at Lao Liu beside him and said: "If you feel uncomfortable, you can also withdraw this contract." Signed."
This was already prepared when he set out in the morning, and the law firm had already stamped it.
Old Liu took it over and saw that it was an agency contract. He suddenly wondered: "Why do we need to sign it again? Isn't the case almost over now?"
"Yeah, I didn't say it was a contract for this case, it's a contract for the next case."
Next case? Old Liu flipped through it carefully and was stunned.
"Criminal private prosecution? File a criminal private prosecution with civil compensation lawsuit against the six people who bullied my daughter?"
"Yes, here is the private prosecution, and here are the required evidences. I have prepared them all."
Old Liu looked at Tang Fangjing opposite and was stunned for five seconds, and then began to sign the commission contract.
My little brother is crazier than he imagined, but he likes it very much!
However, just as Old Liu was thinking about it, he saw Old Tang next to him take out another agency contract as if by magic.
"If you still feel uncomfortable, sign this too."
What is this? Old Liu was stunned and asked, "What kind of bag is that bag of yours?"
Take a look at the contract and sue the school?
After waiting for a long time, the collegial bench received news, and the presiding judge returned with the judges to start the trial again.
After reading a long paragraph of arguments, everyone stood up to pronounce the verdict.
Liu Yan’s actions constituted legitimate defense and the verdict was not guilty!
The incidental civil compensation request of Guan Qiaolian and others was rejected.
After the verdict, Guan Qiaolian said with a dull look on her face: "Did I hear you right? That bitch, she...she is not guilty?"
"Why? We are not convinced. How can she be innocent? Our children were stabbed and rescued for a long time. How can she still be innocent?" Guan Qiaolian began to shout loudly.
He shouted as he walked towards the presiding judge.
This is also the reason why the court will not make a not guilty verdict easily. As long as one party makes trouble, it will be troublesome.
But this case is really a very typical case of self-defense. It is very similar to the Chen Moulong case that was hailed as a milestone in the past. The defense was deemed to be excessive. The defendant must not be convinced. It also involves the issue of school bullying.
If you post it online, the court will have to drink...
