The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 547 The violent form!
Zhou Yi naturally knows that there is a chain of contempt in this society, but to be honest, regional discrimination is really strange.

In fact, sometimes, many native-born locals are actually quite friendly. On the contrary, those who have gone to great lengths to obtain a registered permanent residence in that place turn around and start to discriminate...

This is what Fang Dazhuang once said when he was drinking too much and chatting. Some people he met at the beginning were like this.

But to be honest, a lawyer who had been in Shanghai for a few years opened his mouth and shut up in a small place after he came back, looking down on local lawyers, which made Zhou Yi feel a little magical.

He didn't know who gave him the courage to talk about being a lawyer. Let alone whether Jingzhou is a small place, hasn't the legal profession done little in the past two years?
How many classic cases of interpreting the law with cases, how many cases guided by the Supreme Law, and even the only large-scale cyber violence lawsuit all occurred in Jingzhou.

This kind of feeling is like the bottom-ranked kid in a good school looks down on the kids from other schools, but after the college entrance examination, I find that the whole is strong, and the individual is strong... so that's it.

It is undeniable that the level of Shanghai is definitely much higher than that of Jingzhou, but it is really good to speak in such a tone, and there is a great god sitting in the auditorium!

The most important thing is that this great god hasn't had much meat since the end of the new year, and he is a bit abnormal.

Thinking in his heart, Zhou Yi took out his phone and started recording.

Although it is impossible to record all the words of the other party, a few sentences will do.

Five minutes later, Mr. Zhou leisurely returned to the listening seat. Fang Dazhuang opened his eyes and said, "Why have you been here for so long? The judge has already come."

Zhou Yi glanced at it, and sure enough, Judge Zhang had already sat on the presiding judge's seat.

"I just went to the bathroom, and I happened to hear the lawyer Tan on the opposite side who was on the phone. What he said was interesting, so I recorded it. Fang Dazhuang, can you listen?"

Zhou Xinran, who was next to him, suddenly looked disgusted and said, "You actually recorded someone calling in the bathroom?"

After a pause, he said in the next sentence: "Quickly release it and let me hear how perverted it is!"

Zhou Yi curled his lips. Zhou Cainiao's words sounded like he saw Liu Bei's video, and he looked disgusted, but he just wanted to criticize and had no other meaning.

The recording was lowered and played. It was very short, only a few sentences.

"There's really no need to worry too much about this small place. Their lawyers aren't that good. I've been working in Shanghai for so long. I haven't seen any famous big names..."

Then... Fang Dazhang listened to those few words about ten times.

A smile slowly appeared on the corner of his mouth, looking like a pervert.

Zhou Yi was very skeptical. If he could change lawyers at this meeting, Fang Daxiang would definitely go for it, and he would go for it without any money!

He really "likes" taking care of those lawyers who speak loudly, such as Zhou Cainiao back then.

No matter what Fang Dazhuang thinks, the trial has already started, and this case has nothing to do with him.

It can be seen that Huo Pengfei is really well prepared, because no matter how simple the case is, it may overturn if it involves criminal matters.

The proof and cross-examination session began, and Huo Pengfei presented evidence one by one.

The first is the procedural evidence required in this type of private prosecution case. The evidence provided by the public security organ to not pursue the criminal responsibility of the party concerned is very important procedural evidence.

That is to say, if minor injuries are involved and the crime of intentional injury is not met, if you want to prosecute yourself, you must have a written document stating that the public security organ or the procuratorate will not pursue the criminal responsibility of the other party.

Then there is the core of the evidence, the notarized video and the surveillance at that time.

As well as the injury test report issued by relevant agencies, all these evidences can be combined to form a complete chain of evidence, proving that the other party has committed intentional injury.

In response to these evidences, Tan Shaohong quickly began cross-examination.

"In the video evidence, the time of the conflict stage is very short, and the specific injury process is not clear. It can only prove that our party has an aggressive behavior, but there is no specific behavior that caused the other party to suffer minor injuries in the video. Therefore, this evidence has significant It cannot prove that the minor injury to the other party's abdomen is indeed what our party claims."

"In addition, the surveillance video is relatively blurry...so the aforementioned conclusions can also be drawn."

Tan Shaohong thinks that Wu Qiuling's own video has a lot of flaws.

The reason is very simple. After all, Wu Qiuling took the picture with his mobile phone in his hand. The previous part of persuasion was clearly captured, but the key offensive behavior that would lead to minor injuries was not captured intuitively.

After all, she was just a thin girl who couldn't help being attacked by a grown man.

Zhou Yi frowned and said, "Fang Daxiang, will this flawed evidence be affected in a private prosecution case?"

If it is a civil case, this is enough, but in criminal cases, the probative force of video evidence is only its intuitive performance, that is to say, it cannot be inferred.

Because Wu Qiuling only took those few slaps, including kicking and falling to the ground.

The things behind were not photographed very clearly.

Fang Dazhang shook his head and said: "It's an old routine. I didn't use this defense method ten years ago. As for whether it will be adopted, it's hard to say. Let's talk about it, lawyer Huo. With so much evidence?"

"Do you think the person concerned can win casually by taking a video?"

Zhou Yi was stunned for a moment: "You mean, this case might be overturned?"

Fang Dazhuang did not answer directly, but said: "If I were Huo Pengfei, I would definitely not be able to use video and surveillance as evidence."

After a pause, Fang Dazhuang said, "But it's not so easy to convince the judge just by relying on flawed evidence. Now, I don't know what the situation will be."

The proof and cross-examination phase is over, and the court debate begins.

Tan Shaohong quickly expressed his opinion: "According to the provisions of Article 230 of the "Criminal Law", the key to constituting the crime of intentional injury is that the perpetrator must be subjectively aware that his behavior will cause harm, and hope or let it go. This result happened."

"Combined with the facts of this case, we can see that our party did not constitute the crime of intentional injury for the following two reasons."

"First, our party did not know that doing so would result in minor injuries to the other party, and he had no hope or allowed such a result to occur. According to the other party's evidence three and four (video and surveillance), the conflict process was extremely short, and only It's over in less than a minute, and the time is very short."

"Second, in the other party's evidence [-] (injury report), the slight injury occurred in the abdomen, but the evidence [-] and [-] did not strictly prove that the injury was indeed caused by our party, so it can be known that it does not constitute a intentional injury..."

"As for intentional injury, the public security organs have already carried out administrative detention!"

Still the same sentence, the court only talks about evidence, not that Judge Zhang heard the party say that he beat someone in the previous mediation, then he will definitely win.

Not so easy.

To give a brief example, in the case of intentional homicide, anyone who has read the forensic report will know that it will definitely say what the fatal injury is.

There may have been twenty cuts, but the final fatal injury was a blunt force injury to the head. This must be clearly identified.

It was clearly stated in the injury examination report that it was a slight injury caused by a heavy blow to the abdomen, but the terrible thing was that the relevant evidence could not directly prove it.

Talking about lawyers, using the four elements, that is, there is no intention of harm in the subjective aspect, and the illegal behavior committed in the objective aspect does not meet the criminal standard.

In terms of two levels, that is, in the objective level, the harmful behavior does not produce harmful results, and it cannot reach the subjective level at all.

In fact, there are only two methods, but the latter is indeed more reliable for some special situations.

Huo Pengfei's face is not very good-looking, or since he entered Tengda, he has done a lot of criminal private prosecution cases, which is second to none in Tengda, and he is indeed a bit flustered.

This is a not-so-obvious evidence loophole, which is nothing in civil terms, but in criminal private prosecution cases, as long as there is one inconsistency, it is over.

This is what all the evidence is about. Don't say "everyone knows that he beat you." Even if everyone knows, but your evidence is not sufficient, there is no way to prove it if you only have witnesses.

Huo Pengfei began to refute. He believed that the defendant was drunk, and based on the reality, a girl couldn't bear such a violent attack.

Hearing this, Fang Daxiang's head was about to shake off: "This Huo Pengfei needs to study hard. It's useless to say that at a time like this!"

"Zhou Yi, your legal affairs can't go on like this. You have to put more pressure on them, otherwise they will do a little better in Jingzhou one by one, and you will feel that other lawyers are no better than that. Pride is absolutely unacceptable!"

Fang Dazhuang himself felt uncomfortable after listening to Tan Shaohong's words before, but in the end, Huo Pengfei was so embarrassing at the trial scene!
Zhou Yi didn't speak. Huo Pengfei was already the best in Tengda's legal department. It is true that Tengda's legal staff is not that strong, but now, anyone who knows a little bit of law can tell that it is not so easy for Huo Pengfei. said.

Sure enough, Tan Shaohong quickly said: "There is no evidence for the opposing defender's claim that our client was drunk at the time, and the testimony of relevant witnesses also said that he seemed to be drunk, so it can be explained that the people around at that time did not know."

The testimony of the witness was recorded by a witness Huo Pengfei found later, but what the other party said seemed to be, Huo Pengfei thought at the time, anyway, this is evidence, and the video is enough, so he didn't take it seriously.

But in court, two words may affect the probative force of the evidence!

Always remember that when looking for witnesses in the future, make it clear that if you are sure, you are certain, if you are not sure, you are not.

There is no such evidence.

In the end, Fang Dazhuang didn't want to watch it any more, he didn't come out to relax, he obviously came out to make fun of it.

"I thought Huo Pengfei was not bad at first, but look at where this song came from. The key evidence was questioned, and then everything went into chaos?"

"Look at him now, does he still have the mentality of a debater? The first thing to do in a debate is not to be in a hurry!"

If it weren't for the consideration of the order of the court, Fang Daxiang would have already started complaining.

Zhou Yi and Zhou Xinran looked at each other and shook their heads with wry smiles. It was true that Huo Pengfei was already anxious at the moment, and he spoke in a hurry and quickly, feeling a little incoherent.

Next to Huo Pengfei, at the position of the private prosecutor, Wu Qiuling was also a little curious about where he was.

To be honest, this was the first time she saw Huo Pengfei like this.

In her heart before, Huo Pengfei was always so calm and unhurried. If there was any problem in the company, other legal affairs couldn't help it. Asking Huo Pengfei would definitely help.

It was the first time I saw Huo Pengfei who was said by the other party in court that he was completely incapable of fighting back.

Finally, Judge Zhang couldn't stand it any longer, and said, "Okay, this court debate is over, and the final statement will begin. Does the defendant have anything to add?"

"Ask the judge to dismiss the other party's claim."

"What about the plaintiff?"

Wu Qiuling looked at Huo Pengfei and said, "The judge please support our claim."

It was finally over, Huo Pengfei sat down, even Wu Qiuling who was next to him didn't dare to look at it.

He already had a hunch that he seemed to lose this time.

Judge Zhang announced the adjournment, and then Tan Shaohong sat down and began to pack his things slowly. While packing, he said to Lu Yunling beside him: "Look, I said this case is not troublesome, and there is no need to worry about small things. .”

"Your wife called me before the start and told me to win. I told you, what do the lawyers in this small place know? They just followed suit and did a few cases, but in the end they didn't know their surname."

"There will be an attached civil lawsuit later. It depends on the situation. Anyway, you should pay for what you should pay."

The voice was a bit loud, Huo Pengfei heard it, he raised his head to refute, but quickly lowered his head.

How to refute in this situation, in all fairness, Huo Pengfei thinks he should be able to think of this.

But I don’t know why, I thought that if there is a video, I will definitely win. Other evidence, such as the comparison between the sole pattern and the pattern on the clothes, etc., I thought it was too troublesome, so I didn’t collect it.

The result is now...

Fang Dazhang sat there without saying a word, his face was ugly.

After 10 minutes, Judge Zhang came back and continued to hear the attached civil lawsuit.

Here I want to explain that when the criminal aspect of a criminal incidental civil case is found not guilty, the incidental civil aspect does not mean that another case needs to be prosecuted, and it is not necessary.

According to Article [-] of the Supreme Law's "Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China", if the people's court finds that the defendant's conduct in a public prosecution case does not constitute a crime, the incidental civil lawsuit that has already been filed shall be If an agreement cannot be reached through mediation, a criminal and civil judgment shall be rendered at the same time. "

However, in practice, in order to prevent the criminal court from procrastinating, it is generally required to hold a trial at the same time, that is, the criminal case will be tried first, and the civil case will be tried later.

This is no surprise, even if the logic of Huo Pengfei's words is not so clear, he still has to pay for it.

Because the other party's intentional injury is indeed very clear, according to the rule of high probability, it can be directly inferred.

Some people may say, aren't you contradicting yourself?
A judge said on the front foot that the evidence was insufficient to determine the crime, but on the other hand he said that the other party had to pay for it.

But this is the reality of criminal and civil matters, let alone outsiders, judges themselves feel like schizophrenia...

No matter how much Tan Shaohong can say, it is useless. After the trial, Judge Zhang made a verdict in court!

On the criminal side, the private prosecutor’s facts were unclear and the evidence was insufficient, so the court ruled to dismiss the appeal. On the civil side, the judgment was made to pay more than 3000 yuan in compensation for related expenses.

After hearing the words "rejecting the private prosecutor's claim" in the sentence, Lu Yunling jumped up excitedly.

Anyone who encounters such a thing will feel unlucky for eight lifetimes.

Now that it's finally all right, it's time to celebrate.

Niu Xiufei in the auditorium even stood up and shouted: "I knew it, how could this be a crime!"

Judge Zhang knocked on the gavel in dissatisfaction, which restored order in the courtroom.

The next step is to go through the process and get the verdict.

The three of Zhou Yi stood up and walked in front of Huo Pengfei. Lao Huo's face was flushed now, and his eyes were a little wandering.

In the end, Fang Dazhang said unceremoniously: "You call this a court debate? You call this a lawsuit? You are better at leading a dog than you. Do you really think that you can win forever just by taking a video? Think what!"

"Cough cough..."

It was Zhou Xinran who subconsciously coughed twice when she heard the phrase "lead a dog", and she always felt as if she was targeting herself.

Fang Dazhuang didn't care about these things, and sprayed it all over there!
If I had known that you would overturn this time, I might as well take over directly!

"If you win some cases, you will look down on the people of the world, right? If you prepare so much, you will win the next private prosecution case, right? What are you thinking?"

In the end, it may be that Fang Dazhuang's constant spraying on Huo Pengfei made Niu Xiufei unbearable, or it may be that Niu Xiufei likes to show off, so he pretended not to know and said, "Hey cousin, what did you say earlier? It’s so reasonable, look at the lawyers in this small place, it really doesn’t work.”

After finishing talking, he looked back, and hurriedly said, "Hey, I'm sorry, I didn't mean it, but you were like that before, as if my old Lu was about to go to jail, and now? Let's see if you want it!"

"Let me tell you, my cousin used to be a lawyer in Shanghai. He worked in those big firms in Shanghai. People have seen too many cases like this."

Tan Shaohong had already packed up his things and was about to leave. Hearing this, he came over and said with a smile, "Don't talk about Xiufei, you are engaging in regional discrimination. I just did some cases in Shanghai."

"Let's go, I still have something to do, I'm here today to help you two, but this place in Jingzhou is really not good, the level is a bit low..."

As a result, he stopped talking suddenly.

Niu Xiufei was a little strange, turned his head to look at Tan Shaohong, and found that the other party was looking ahead with a dull expression.

"Brother? Brother, what's wrong with you? What did you see?" Niu Xiufei asked quickly.

Tan Shaohong's face turned blue: "Fang, Fang..."

Following the other party's line of sight, it was the middle-aged bald man who just cursed so fiercely.

"What's the matter, brother, tell me something, we have won the lawsuit now, didn't you say that there will be no additional punishment for the appeal?"

Niu Xiufei looked at the middle-aged bald man again, why did he feel a hint of fear in his cousin's eyes?

Am I wrong?

Lu Yunling next to him was also curious: "That's right, brother, what's wrong with you? Tell me quickly if you have anything to say."

Tan Shaohong finally said: "Teacher Fang? Is it Teacher Fang?"

"Many of the classic cases we learned in our institute were done by you. I have watched many videos. Teacher Fang, why are you here?"

Fang Dazhang looked at Tan Shaohong in front of him, shook his head and said, "You've got the wrong person, I'm a lawyer in a small place like Jingzhou, my level is not good, and I have never been to Shanghai."

"And my surname is Zhou, not Fang, thank you."

In Niu Xiufei's eyes, Fang Dazhuang is pretending.

She couldn't help shouting immediately: "What are you pretending to be? If Lu didn’t commit a crime, he didn’t commit a crime, and I haven’t sued you for slander yet!”

"And you, the way you were before, isn't it very capable during mediation? Turn around and leave, saying that I will see you in court. My old Lu is planning to lose money, but in the end you just didn't agree. I really don't know each of you. What are you pretending, now look, who is wrong!"

The latter words are for Zhou Yi.

Lu Yunling also opened his mouth and said: "You can sue casually about losing money, anyway, I have no money."

Someone Zhou wanted to refute upon hearing this, but Fang Dazhuang next to him had already spoken.

"Are you sure you didn't commit a crime? Are you sure you have to figure out who's at fault, right? OK, I see."

After speaking, Fang Dazhuang turned around and left. Seeing that the few people behind did not follow, he was dissatisfied and said: "What are you still doing in a daze, let's go, will you continue to be laughed at by others if you stay here?"

Huo Pengfei hurriedly followed, hesitated and said, "Mr. Fang, don't we appeal?"

Wu Qiuling is also very strange, this doesn't seem to be the style of this square.

Zhou Yi next to him asked curiously: "Didn't you say that there will be no additional punishment if you appeal? Now that this is the case, is there any way to appeal?"

Beside Zhou Yi, Zhou Xinran said helplessly: "Stop talking, didn't you realize that Fang Dazhang is very irritable now? There was a sentence before the appeal without additional punishment, but unfortunately, many people don't remember it, just look at the back , in our situation, if an appeal is filed and there is new evidence, the conviction can be changed."

And such a thing?

Of course it is true. That sentence is an appeal filed by the defendant or his legal representative, defender, or close relatives...

It's just that, because most of the cases are public prosecution cases, and the procuratorate feels that there is a problem with the judgment, it is a protest, that is, the trial supervision procedure, which naturally does not apply this principle.

In private prosecution cases, the above-mentioned principle of non-increased punishment does not apply to the appeal filed by the plaintiff.

Zhou Yi nodded, and was about to continue to say something when Fang Dazhuang said, "Appeal? Do you have any new evidence? How do you collect new evidence? Why do you collect it?"

"It's been so many days, what evidence can you find?"

Huo Pengfei stopped talking immediately. An appeal is of course possible, and it can be aggravated, but in the absence of new evidence, there is a high probability that the second trial will reject the appeal and uphold the original judgment.

Finally, Wu Qiuling said weakly, "Well...Mr. Fang, do you think we can do anything? Lawyer Huo, he doesn't want to see this result either."

Fang Dazhuang wanted to scold a few more words, but he held back after seeing Wu Qiuling, this girl is lucky, maybe she will have something to count on in the future.

So he said: "You guys, don't you all talk about my words on weekdays? Have you forgotten now, what did I say before?"

"There is no way to collect evidence, so we have to find a way to turn a civil case into a criminal case. Similarly, if there is no way to collect evidence in a private prosecution case, find a way to turn it into a public prosecution. Isn't that all right?"

"You can't find new evidence. Could it be that the public security organs can't find it? Why are they all elm heads!"

"What do you think of the judicial interpretation of the crime of picking quarrels and provoking trouble? If you cause minor injuries to two or more people, it constitutes a crime and you forget it? The couple are divorced, so it is no longer considered domestic violence, understand?"

　More than 6000 words in the chapter, the reason why there is only this chapter today is because I went to a professional for help, and asked that man to watch some of the previous criminal court proceedings, but he was sprayed bloody, saying that I wrote it What a hot chicken thing, and then I was given a little guidance. After I came back, I asked my classmates to set up a moot court for this case. After I was done, I asked my classmates to make a hot pot at night, so it was late... Thanks to another novice brother, idiot brother, fat Brother Cat Story, thank you for the reward, thank you.

　　
　
(End of this chapter)