The Opening Account Was Stolen, and the Backhand Recharged 1 Million
Chapter 370 Protested?
Chapter 370 Protested?
Zhou Yi is very busy these days, very busy.
He wanted to meet with the defendant's family members from all over the place, but fortunately Zhou was very familiar with this.
There is only one principle, if you really want to apologize, then I will forgive and withdraw the lawsuit.
But if you come to ask for mediation and still say that there is nothing, then I'm sorry, I just don't accept mediation.
Facts have proved that those family members who are unclear are still rare.
It's just that some people seem to be used to solving problems with money, and when they meet, they ask him how much they want.
For example, the people sent by Zhang Qi.
Zhou Yi thought that the star's team would probably be able to figure it out, but in the end, he acted like a businessman.
When we met, I asked you how much you wanted, and I also had an expression of "I've seen a lot of people like you".
Zhou Yi didn't respond at all, turned around and left.
In Jingzhou now, it can be said that some families are happy and some are sad.
Those family members who were rejected wanted to complain on the Internet, but found that no self-media was willing to speak for them.
Xiang Yuyu's parents wanted to find someone to expose, and they could get to know someone. When they heard that it was Jingzhou Ayi who was exposed, they deleted it and blocked it.
So I can only post some words on the Internet by myself, why Ayi is too narrow-minded for not accepting mediation...
But no matter what they do, the court time has come.
In the past, the Guangming District Court would be in a hurry, but now, with the experience of the previous few times, everyone is used to it.
At least the judges are bracing for another round of hair loss.
Especially this time with a star!
The Guangming District Court has never sentenced a star to prison... This is the first time.
So Xiang Yuyu was put on the first day for interrogation.
Up to now, Zhang Qi's account on the Internet has been completely banned, and people from all walks of life have also started various criticisms and ridicules.
When it's the turn of the crowd to push the wall down, many of them are experienced.
No matter how serious Zhang Qi's crime is, it's just a crime of insult, and she won't be sentenced for long, but in many people's mouths, it seems that her crime is more serious than murder.
This has reached another extreme, and Zhou Yi doesn't like it very much.
But it is impossible for him to do anything more, to be serious, to help a person who just offended him to be serious, it would be a bit stupid.
Everything is proceeding step by step, and under the eyes of everyone, it is time for the court session.
Zhou Yi entered the courtroom as a private prosecutor and Fang Dazhuang, and the bailiff also brought Xiang Yuyu up.
In the auditorium, Xiang Yuyu's parents and Zhuang Qiang's hands were shaking. After seeing each other for a short period of time, Xiang Yuyu felt ten years older.
There must be a bad life in there, and there is no need to say more about that.
Because of what, because you have broken the law, because you have committed a crime, it is punishment instead of enjoyment to go in!
So every time you say that criminals also need human rights, just listen to it...
After all, the scope of human rights is too broad, so they all talk about human rights, so let them in or live like normal people?
Where is the dignity of the criminal law? Who would be afraid of the criminal law?
Zhang Wei's hands also trembled, this was the first time he faced Fang Dazhang!
The shadow of the famous tree, the bald man standing there, makes people feel like Alexander.
Behind the gold-rimmed glasses, a pair of eyes are like those of a vulture, as if it is about to start its own hunt!
But Zhang Wei told himself to be steady, he had already said that when he met Xiang Yuyu before.
Mediation is impossible, because her parents personally cut off the road.
Zhang Wei will never forget Xiang Yuyu's expression at that time, it was a feeling of death.
Fortunately, lawyer Zhang is reliable and told her that there is still hope.
The trial began, and there were no surprises in the evidence and cross-examination session.
There is basically no objection to the pieces of evidence submitted by Fang Daxiang, such as the owners of the accounts of the big green book and the short video platform, and the remarks he made meet the standards stipulated by the criminal law.
When it came to the court debate, Zhang Wei finally showed his point of view.
"When our party made relevant remarks, he did not name his name. That is to say, no one knew that our party was worthy of Zhou Yi."
"In the constitution of defamation, the act needs to be targeted at a specific person, and other people must know who it is!"
This is the argument that Zhang Wei found recently. At the beginning, Xiang Yuyu didn't target anyone, whether it was a small composition or a video.
The reason is that many netizens are doing human flesh searches afterwards, because they don't know who is being referred to in this video.
As a result, after he finished speaking, he saw Fang Dazhuang mockingly, and the words "your law teacher teaches physical education" were almost written on his face.
The law is there, it all depends on personal understanding.
Similarly, the evidence is all there. Xiang Yuyu's initial essay did not mention who the other party was by name.
But, she sent the videos taken by the people around her to her short video platform.
Although it is on two platforms, because they are both posted by one person and their own nature, the two acts are very strongly related in law.
It can even be seen as an act.
Under such circumstances, many people know that it is the person in the video. Although they don't know the name of the other party, it does not prevent them from launching cyber violence against him.
More importantly, Xiang Yuyu is not idle, she said a lot in the following reply.
Taken together, it is enough to be regarded as a defamation against a specific object.
Not surprisingly, during the debate with Fang Dazhuang, Zhang Wei's voice became lower and lower, and he was also pressed to the ground and rubbed.
Fang Dazhuang was always inhumane when he was arguing in court. At the end, even Zhou Yi felt that this little lawyer was a bit miserable.
Not to mention Xiang Yuyu, she is completely stupid now.
Fang Daxiang's logic is too clear, listening to his statement can directly hear his whole logic.
One ring after another, even Xiang Yuyu, the party concerned, understood that what he did was in full compliance with the provisions of the Criminal Law and relevant judicial interpretations.
Not to mention the final statement, Xiang Yuyu was already crying in court.
She admitted her mistakes in various ways, saying that she really didn't think there was a problem with doing so.
The performance of pleading guilty and repenting, can only be said that lawyer Zhang finally understood a little bit.
Six months in prison, suspended for one year!
According to the regulations, when there is a possibility of a real sentence, the court is likely to take criminal coercive measures against the private prosecution defendant.
But probation depends on the situation.
"What? Fang Dazhuang, you mean you thought it shouldn't be so serious?" Zhou Yi asked curiously.
Fang Dazhang smiled: "To tell the truth about this case, the other party's crime is certain, but the sentence should not be six months, the sentence is a bit heavy."
"What I thought before was control or detention plus probation."
"And to be honest, in this case, if I were on the other side, it is very likely that the sentence commutation will be successfully defended."
Zhou Yi shook his head and said, "You were so confident when I saw you defending."
"Lawyer, no matter what you think in your heart, you must be very confident, otherwise how can you argue!"
After the judgment came down, Xiang Yuyu expressed that he would appeal!
She thought she was at fault, but she should not have been sentenced, at least not to the point of committing a crime.
And Xiang Yuyu's parents didn't make a fuss, and it seemed that they were planning to go through legal channels to the end.
Then continue the trial, anyway, Zhou Yi is never afraid of waste.
The trial has started, so let’s try one by one. Many people’s problem is not slander, because slander, if someone said something false at the beginning, others don’t know it’s false, and then retweet it, generally it’s not a crime .
But if you know it's fake and retweet it on purpose, then you have a problem.
It sounds as if the subjective consciousness is very strong, and what you say is true is true, and what you say is false is false, but the actual operation is not so simple.
To judge whether the subjective aspect is intentional, there is a whole set of evidentiary standards.
Many of them, dog lovers and big Vs, were arrested for the crime of insulting people and scolded to death, scolded by their ancestors for eighteen generations.
Those who didn't know thought there was some deep hatred.
After Xiang Yuyu's trial, it was Zhang Qi, and Zhang Qi's situation was even more serious.
Although her lawyer was eloquent and tried to defend her in various ways, it was useless, and Fang Da was eloquent.
Whether it's selling miserably or what, if it's wrong, it's wrong.
As a public figure, a celebrity should be more cautious in his words and deeds, rather than insulting others easily in that situation.
Then he didn't come out to defend himself when mobilizing fans to insult him.
Taken together, Zhang Qi was sentenced to eight months in prison and suspended for two years.
With this result, Zhang Qi also recognized it. She pissed off this and that on the Internet, and finally saw her retribution.
Even if they want to make a comeback in the future, it will be impossible, all bad actors must be banned.
Zhou Yi participated in every court trial, whether criminal or civil, and gave the relevant materials to the studio after returning.
Obviously, this time the video is more livery.
It was only because Xiang Yuyu and several other defendants chose to appeal, so the video could not be released until the appeal was over.
The second trial came to the Provincial Intermediate People's Court. In the absence of new evidence, the second trial rarely changed the judgment of the first trial.
Unless the verdict of the first instance was outrageously wrong...
With the fall of the judge's gavel, the result of the second instance was reached, the appeal was rejected, and the original judgment was upheld!
Outside the Intermediate Court of Handong Province, Xiang Jinjun seemed to be a few years older.
Zhang Wei shook his head there and said, "Uncle Xiang, there is really no other way. At least for now, we really can't win this lawsuit."
Xiang Jinjun kept his head down and didn't speak, only his wife kept talking beside him.
Said that her daughter's life was miserable, and said why the other party was so cruel.
Suddenly, Xiang Jinjun raised his head and asked: "Lawyer Zhang, you said that the second trial is over, what else can we do to continue the appeal? You know, I am just such a daughter. If she has a criminal record, it will be really bad in the future. manage."
Some people are extremely taboo about the criminal record, thinking that no one should have a criminal record.
Some people think it doesn't matter. Anyway, it doesn't matter if they don't take the exam or eat at the public house.
Xiang Jinjun didn't do anything by himself, but he still wanted to keep his case clean.
As far as Zhang Wei's thoughts are concerned, it's all like this, anyway, it's a suspended sentence, just be careful and you'll be fine after a year.
But since people ask, they can only say: "If you still feel that the punishment is unfair, then there is another way, go to the procuratorate to file a protest!"
Protesting is the trial supervision procedure of the procuratorate!
This thing is extremely strict. Generally speaking, you should not think about it, unless you have very strict evidence, comply with relevant laws and regulations, and affect the judgment, you will only initiate this procedure.
Otherwise, normally speaking, the second trial is over.
When the client asked, Zhang Wei had to say something. He was a lawyer and had this obligation, and he also had an obligation to explain the matter clearly.
"Uncle Xiang, my suggestion is to say goodbye, it's unnecessary."
It's really unnecessary, after all, it's a suspended sentence, but if the other party really asks to do this, then he will continue to do it.
Anyway, to make money, not shabby.
"After the protest, if it is successful, the relevant case will be retried, and the verdict may be changed at that time."
"Good Lawyer Zhang, then I will leave everything to you. You can apply for us. Anyway, find a way. I should have listened to you in the first place."
Xiang Jinjun regretted it very much.
Then apply, anyway, you won't get pregnant if you try.
…………
Time passed quickly, and the second-instance judgment has come into force.
Zhou Yi's video was also finished, and he dubbed it at home.
"Hello, dear viewers, I am your old friend Ayi, and I never expected to meet you in this way."
"Some people are very clear about things, and some people are not clear, but it doesn't matter, let me sort it out."
After talking about the general things, Zhou Yi began to talk about the results.
The judgment results will be "online", that is, the referee document website, so there is nothing to talk about.
"Originally, I just wanted her to pay for my lamp, but I didn't expect that another little composition expert got myself into it."
"Well, what can people say, a murder caused by a dog?"
While recording a video, the phone rang.
Zhou Yi quickly brought it over. At this time, he would mute the phone, and only a few people's phone would ring.
It looks square.
"What's wrong, Fang Dazhuang?"
"What? The other party's application was successful, the procuratorate filed a protest, and now the case has been sent back for retrial?"
"Hey, what's going on here!"
Fang Dazhuang chuckled: "Do you still remember what I told you before, no, this time the sentence is a little heavier than I expected."
"If the other party finds new evidence and submits it, it may be able to successfully get the procuratorate to protest."
"However, it is not entirely a good thing to send the protest back for retrial. The retrial after the procuratorate's protest does not need to follow the principle of appeal without punishment."
…………
ps: The trial supervision procedure in reality is much more difficult than this. The plot serves, so don’t bring it into reality.
Second, thanks to Brother Nanjo, Brother Shanyue, Sister Shi’s eternal god brother, another novice brother, Brother Fat Cat Story, Brother Idiot, Brother Sanmao who is kneeling outside, Brother Eric3Fang, Brother Fenglingzhiguang.
(End of this chapter)
Zhou Yi is very busy these days, very busy.
He wanted to meet with the defendant's family members from all over the place, but fortunately Zhou was very familiar with this.
There is only one principle, if you really want to apologize, then I will forgive and withdraw the lawsuit.
But if you come to ask for mediation and still say that there is nothing, then I'm sorry, I just don't accept mediation.
Facts have proved that those family members who are unclear are still rare.
It's just that some people seem to be used to solving problems with money, and when they meet, they ask him how much they want.
For example, the people sent by Zhang Qi.
Zhou Yi thought that the star's team would probably be able to figure it out, but in the end, he acted like a businessman.
When we met, I asked you how much you wanted, and I also had an expression of "I've seen a lot of people like you".
Zhou Yi didn't respond at all, turned around and left.
In Jingzhou now, it can be said that some families are happy and some are sad.
Those family members who were rejected wanted to complain on the Internet, but found that no self-media was willing to speak for them.
Xiang Yuyu's parents wanted to find someone to expose, and they could get to know someone. When they heard that it was Jingzhou Ayi who was exposed, they deleted it and blocked it.
So I can only post some words on the Internet by myself, why Ayi is too narrow-minded for not accepting mediation...
But no matter what they do, the court time has come.
In the past, the Guangming District Court would be in a hurry, but now, with the experience of the previous few times, everyone is used to it.
At least the judges are bracing for another round of hair loss.
Especially this time with a star!
The Guangming District Court has never sentenced a star to prison... This is the first time.
So Xiang Yuyu was put on the first day for interrogation.
Up to now, Zhang Qi's account on the Internet has been completely banned, and people from all walks of life have also started various criticisms and ridicules.
When it's the turn of the crowd to push the wall down, many of them are experienced.
No matter how serious Zhang Qi's crime is, it's just a crime of insult, and she won't be sentenced for long, but in many people's mouths, it seems that her crime is more serious than murder.
This has reached another extreme, and Zhou Yi doesn't like it very much.
But it is impossible for him to do anything more, to be serious, to help a person who just offended him to be serious, it would be a bit stupid.
Everything is proceeding step by step, and under the eyes of everyone, it is time for the court session.
Zhou Yi entered the courtroom as a private prosecutor and Fang Dazhuang, and the bailiff also brought Xiang Yuyu up.
In the auditorium, Xiang Yuyu's parents and Zhuang Qiang's hands were shaking. After seeing each other for a short period of time, Xiang Yuyu felt ten years older.
There must be a bad life in there, and there is no need to say more about that.
Because of what, because you have broken the law, because you have committed a crime, it is punishment instead of enjoyment to go in!
So every time you say that criminals also need human rights, just listen to it...
After all, the scope of human rights is too broad, so they all talk about human rights, so let them in or live like normal people?
Where is the dignity of the criminal law? Who would be afraid of the criminal law?
Zhang Wei's hands also trembled, this was the first time he faced Fang Dazhang!
The shadow of the famous tree, the bald man standing there, makes people feel like Alexander.
Behind the gold-rimmed glasses, a pair of eyes are like those of a vulture, as if it is about to start its own hunt!
But Zhang Wei told himself to be steady, he had already said that when he met Xiang Yuyu before.
Mediation is impossible, because her parents personally cut off the road.
Zhang Wei will never forget Xiang Yuyu's expression at that time, it was a feeling of death.
Fortunately, lawyer Zhang is reliable and told her that there is still hope.
The trial began, and there were no surprises in the evidence and cross-examination session.
There is basically no objection to the pieces of evidence submitted by Fang Daxiang, such as the owners of the accounts of the big green book and the short video platform, and the remarks he made meet the standards stipulated by the criminal law.
When it came to the court debate, Zhang Wei finally showed his point of view.
"When our party made relevant remarks, he did not name his name. That is to say, no one knew that our party was worthy of Zhou Yi."
"In the constitution of defamation, the act needs to be targeted at a specific person, and other people must know who it is!"
This is the argument that Zhang Wei found recently. At the beginning, Xiang Yuyu didn't target anyone, whether it was a small composition or a video.
The reason is that many netizens are doing human flesh searches afterwards, because they don't know who is being referred to in this video.
As a result, after he finished speaking, he saw Fang Dazhuang mockingly, and the words "your law teacher teaches physical education" were almost written on his face.
The law is there, it all depends on personal understanding.
Similarly, the evidence is all there. Xiang Yuyu's initial essay did not mention who the other party was by name.
But, she sent the videos taken by the people around her to her short video platform.
Although it is on two platforms, because they are both posted by one person and their own nature, the two acts are very strongly related in law.
It can even be seen as an act.
Under such circumstances, many people know that it is the person in the video. Although they don't know the name of the other party, it does not prevent them from launching cyber violence against him.
More importantly, Xiang Yuyu is not idle, she said a lot in the following reply.
Taken together, it is enough to be regarded as a defamation against a specific object.
Not surprisingly, during the debate with Fang Dazhuang, Zhang Wei's voice became lower and lower, and he was also pressed to the ground and rubbed.
Fang Dazhuang was always inhumane when he was arguing in court. At the end, even Zhou Yi felt that this little lawyer was a bit miserable.
Not to mention Xiang Yuyu, she is completely stupid now.
Fang Daxiang's logic is too clear, listening to his statement can directly hear his whole logic.
One ring after another, even Xiang Yuyu, the party concerned, understood that what he did was in full compliance with the provisions of the Criminal Law and relevant judicial interpretations.
Not to mention the final statement, Xiang Yuyu was already crying in court.
She admitted her mistakes in various ways, saying that she really didn't think there was a problem with doing so.
The performance of pleading guilty and repenting, can only be said that lawyer Zhang finally understood a little bit.
Six months in prison, suspended for one year!
According to the regulations, when there is a possibility of a real sentence, the court is likely to take criminal coercive measures against the private prosecution defendant.
But probation depends on the situation.
"What? Fang Dazhuang, you mean you thought it shouldn't be so serious?" Zhou Yi asked curiously.
Fang Dazhang smiled: "To tell the truth about this case, the other party's crime is certain, but the sentence should not be six months, the sentence is a bit heavy."
"What I thought before was control or detention plus probation."
"And to be honest, in this case, if I were on the other side, it is very likely that the sentence commutation will be successfully defended."
Zhou Yi shook his head and said, "You were so confident when I saw you defending."
"Lawyer, no matter what you think in your heart, you must be very confident, otherwise how can you argue!"
After the judgment came down, Xiang Yuyu expressed that he would appeal!
She thought she was at fault, but she should not have been sentenced, at least not to the point of committing a crime.
And Xiang Yuyu's parents didn't make a fuss, and it seemed that they were planning to go through legal channels to the end.
Then continue the trial, anyway, Zhou Yi is never afraid of waste.
The trial has started, so let’s try one by one. Many people’s problem is not slander, because slander, if someone said something false at the beginning, others don’t know it’s false, and then retweet it, generally it’s not a crime .
But if you know it's fake and retweet it on purpose, then you have a problem.
It sounds as if the subjective consciousness is very strong, and what you say is true is true, and what you say is false is false, but the actual operation is not so simple.
To judge whether the subjective aspect is intentional, there is a whole set of evidentiary standards.
Many of them, dog lovers and big Vs, were arrested for the crime of insulting people and scolded to death, scolded by their ancestors for eighteen generations.
Those who didn't know thought there was some deep hatred.
After Xiang Yuyu's trial, it was Zhang Qi, and Zhang Qi's situation was even more serious.
Although her lawyer was eloquent and tried to defend her in various ways, it was useless, and Fang Da was eloquent.
Whether it's selling miserably or what, if it's wrong, it's wrong.
As a public figure, a celebrity should be more cautious in his words and deeds, rather than insulting others easily in that situation.
Then he didn't come out to defend himself when mobilizing fans to insult him.
Taken together, Zhang Qi was sentenced to eight months in prison and suspended for two years.
With this result, Zhang Qi also recognized it. She pissed off this and that on the Internet, and finally saw her retribution.
Even if they want to make a comeback in the future, it will be impossible, all bad actors must be banned.
Zhou Yi participated in every court trial, whether criminal or civil, and gave the relevant materials to the studio after returning.
Obviously, this time the video is more livery.
It was only because Xiang Yuyu and several other defendants chose to appeal, so the video could not be released until the appeal was over.
The second trial came to the Provincial Intermediate People's Court. In the absence of new evidence, the second trial rarely changed the judgment of the first trial.
Unless the verdict of the first instance was outrageously wrong...
With the fall of the judge's gavel, the result of the second instance was reached, the appeal was rejected, and the original judgment was upheld!
Outside the Intermediate Court of Handong Province, Xiang Jinjun seemed to be a few years older.
Zhang Wei shook his head there and said, "Uncle Xiang, there is really no other way. At least for now, we really can't win this lawsuit."
Xiang Jinjun kept his head down and didn't speak, only his wife kept talking beside him.
Said that her daughter's life was miserable, and said why the other party was so cruel.
Suddenly, Xiang Jinjun raised his head and asked: "Lawyer Zhang, you said that the second trial is over, what else can we do to continue the appeal? You know, I am just such a daughter. If she has a criminal record, it will be really bad in the future. manage."
Some people are extremely taboo about the criminal record, thinking that no one should have a criminal record.
Some people think it doesn't matter. Anyway, it doesn't matter if they don't take the exam or eat at the public house.
Xiang Jinjun didn't do anything by himself, but he still wanted to keep his case clean.
As far as Zhang Wei's thoughts are concerned, it's all like this, anyway, it's a suspended sentence, just be careful and you'll be fine after a year.
But since people ask, they can only say: "If you still feel that the punishment is unfair, then there is another way, go to the procuratorate to file a protest!"
Protesting is the trial supervision procedure of the procuratorate!
This thing is extremely strict. Generally speaking, you should not think about it, unless you have very strict evidence, comply with relevant laws and regulations, and affect the judgment, you will only initiate this procedure.
Otherwise, normally speaking, the second trial is over.
When the client asked, Zhang Wei had to say something. He was a lawyer and had this obligation, and he also had an obligation to explain the matter clearly.
"Uncle Xiang, my suggestion is to say goodbye, it's unnecessary."
It's really unnecessary, after all, it's a suspended sentence, but if the other party really asks to do this, then he will continue to do it.
Anyway, to make money, not shabby.
"After the protest, if it is successful, the relevant case will be retried, and the verdict may be changed at that time."
"Good Lawyer Zhang, then I will leave everything to you. You can apply for us. Anyway, find a way. I should have listened to you in the first place."
Xiang Jinjun regretted it very much.
Then apply, anyway, you won't get pregnant if you try.
…………
Time passed quickly, and the second-instance judgment has come into force.
Zhou Yi's video was also finished, and he dubbed it at home.
"Hello, dear viewers, I am your old friend Ayi, and I never expected to meet you in this way."
"Some people are very clear about things, and some people are not clear, but it doesn't matter, let me sort it out."
After talking about the general things, Zhou Yi began to talk about the results.
The judgment results will be "online", that is, the referee document website, so there is nothing to talk about.
"Originally, I just wanted her to pay for my lamp, but I didn't expect that another little composition expert got myself into it."
"Well, what can people say, a murder caused by a dog?"
While recording a video, the phone rang.
Zhou Yi quickly brought it over. At this time, he would mute the phone, and only a few people's phone would ring.
It looks square.
"What's wrong, Fang Dazhuang?"
"What? The other party's application was successful, the procuratorate filed a protest, and now the case has been sent back for retrial?"
"Hey, what's going on here!"
Fang Dazhuang chuckled: "Do you still remember what I told you before, no, this time the sentence is a little heavier than I expected."
"If the other party finds new evidence and submits it, it may be able to successfully get the procuratorate to protest."
"However, it is not entirely a good thing to send the protest back for retrial. The retrial after the procuratorate's protest does not need to follow the principle of appeal without punishment."
…………
ps: The trial supervision procedure in reality is much more difficult than this. The plot serves, so don’t bring it into reality.
Second, thanks to Brother Nanjo, Brother Shanyue, Sister Shi’s eternal god brother, another novice brother, Brother Fat Cat Story, Brother Idiot, Brother Sanmao who is kneeling outside, Brother Eric3Fang, Brother Fenglingzhiguang.
(End of this chapter)
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