The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 189 Are they going to plead not guilty too?
Chapter 189 Are they going to plead not guilty too?
Today's Chenjia Village.
Counting it, hundreds of people have already entered.
The number is still growing steadily.
Case after case.
No one knows who the next batch will be.
"What are you looking at me for?"
Qin Mu looked at the crowd with an innocent expression on his face.
this matter……
It has nothing to do with him.
He just suggested the idea of rights protection to the bridesmaids.
As for the rest...
It was all made by this group of villagers who were getting married.
If they had obeyed the law, they would not have ended up like this.
For example, Chen Daoguang and others.
When something happens, the first thing is to gather relatives and clansmen to make trouble.
Openly blocked the door.
Such behavior……
Seriously infringing on other people's right to personal freedom is a kind of crime of illegal detention, but they don't know it at all.
"Today, the Second Criminal Tribunal of the Jincheng Court publicly tried the case of Chen Daoguang and others suspected of illegal detention, picking quarrels and provoking trouble. I and Zhou Quanmin served as the presiding judges and formed a collegial panel according to law."
In the projected live screen.
Facing the court, Zhou Quanmin announced in a deep voice that the court would officially open.
Followed by.
Then he looked at the public prosecutor, and then said: "Please let the public prosecutor speak, read the indictment, and state the course of the case and the lawsuit."
The voice just fell.
The public prosecutor in the prosecution seat immediately stood up and glanced at Chen Daoguang in the dock.
His expression was a little unnatural.
It seems to think of a scene from yesterday.
"Dear presiding judge and fellow judges, on the 14th of this month, a case of illegal detention, picking quarrels and provoking trouble occurred in Chenjia Village. After receiving a call to the police, the town police station in the local jurisdiction responded urgently and rushed to on site."
"After verification, it was confirmed that the villagers headed by Chen Daoguang gathered a crowd to illegally block and detain Chen Qi's family, and prohibited the eight members of Chen Qi's family from going out."
"The evidence in this case is clear, the chain of evidence is sufficient, and there are witnesses and physical evidence."
"The 78 people led by Chen Daoguang have violated the crimes of illegal detention and provoking troubles in my country's criminal law. The circumstances are bad and have had a negative impact on Chenjia Village and the society."
"According to Article 290 of the Criminal Law, we request the court to sentence the defendant Chen Daoguang to ten years' imprisonment and a fine."
"The remaining 77 people except Chen Daoguang were sentenced to fixed-term imprisonment..."
in the lawsuit.
He requested that the leader Chen Daoguang be sentenced to [-] years in prison, and the rest be sentenced to fixed-term imprisonment ranging from one year and six months to five years.
The voice just fell.
in the dock.
The faces of Chen Daoguang and others changed drastically.
In particular, Chen Daoguang showed an expression of disbelief, staring at the prosecutor.
He has been locked up in the detention center these days.
Although he knew that he might be sentenced, he never thought that he would be sentenced to ten years!
"Judge, don't listen to what he said, he just remembers that I pissed him off yesterday, to avenge my personal revenge!"
"I just blocked a door, how could the crime be so serious?"
"You public prosecutor, can you act with conscience? My son was stabbed to death by Huang Lan, and you only asked for her to be sentenced to eight years. Why should I be sentenced to ten years?"
"My Chenjia Village has always been law-abiding, and I, Daoguang Chen, are a model for the villagers. I have never done anything illegal..."
Not yet at the defense stage.
Chen Daoguang hurriedly defended himself, extremely anxious.
sweating a lot.
He was worried that he was too late...
When the time comes, judges and others will all favor the prosecutor.
"quiet!"
in court.
Zhou Quanmin rapped the gavel, and said in a deep voice, "The defendant, please abide by court discipline. You are forbidden to speak until it is time for you to speak!"
Chen Daoguang swallowed, and looked at Zhou Quanmin with a solemn expression.
There is no more insolence from yesterday.
The case was over yesterday...
His wife, as well as the group of relatives who accompanied him, all stayed in the court and were detained in the detention room.
Learn from the past.
He's suddenly becoming more honest now.
After a while.
Zhou Quanmin saw that he didn't refute any further, so he slowly said, "The defendant, please respond to the prosecutor's accusation."
This link...
It is to summarize the focal issues between the public prosecutor and the defendant.
to determine where the case needs to be heard.
Just finished speaking.
Next to the dock.
A legal aid lawyer glanced at Chen Daoguang, and quickly said, "You will do as I tell you later, actively plead guilty, and strive for a commutation of your sentence."
however……
Chen Daoguang glanced at him, but ignored him.
Instead, he said to himself: "Judge, I am wronged. I just blocked a door. Strictly speaking, it is not a crime at all."
"The town police station and these two public prosecutors obviously wanted to avenge their own personal revenge. They deliberately retaliated against me and insisted on putting me on the line."
"I've lived for decades, but I've never heard that if you block a door, you'll be sentenced to ten years in prison!"
"Who will be so joking after this look?"
"We were just joking with Chen Qi's family, we didn't do anything, we didn't swear, there was no conflict..."
Facing everyone in the collegial panel.
He directly ignored the legal aid lawyer's explanation.
In his own words, he refuted the prosecutor.
In his opinion.
This legal aid lawyer is free, and there is no need to pay, and they do not need to pay lawyer fees.
Cheap ones are definitely not good.
Maybe he is an accomplice of the prosecutor, trying to harm himself.
At this time, the only person he can trust is himself.
"You...why didn't you follow my instructions?"
Hearing this, the legal aid lawyer blushed with anger.
Chen Daoguang glanced at him.
Can't help but show contempt.
The lawyer's defense statement yesterday was all about asking him to plead guilty and accept punishment, expressing his willingness to accept reform and be a new man.
This clearly landed him in jail.
If you really listen to him...
Then he will definitely not be able to escape his ten-year sentence.
……
at the same time.
nursing home.
Zhang Qingyuan, Li Weiguo, Song Tiancheng and others were sitting in the yard, looking up at the projection screen.
Shocked.
"Is the crime of illegal detention so severe? I heard that he blocked Chen Qi's family for one day, and asked for ten years?"
"78 people, everyone has a sentence of imprisonment, only Chen Daoguang is the best, and he is taken care of by the public prosecutor."
"There's something about Chen Daoguang's defense. His defense lawyer wouldn't want to...plead not guilty, would he?"
"This lawyer seems to be a legal aid lawyer. I have sat in on criminal cases before and seen him many times."
"..."
With wonder.
Everyone discussed one after another.
The ten-year sentence proposed by the public prosecutor almost slipped their backs again.
To know.
The ten-year sentence is generally the starting sentence for those top-level felonies, such as bank robbery, intentional homicide, illegal gun possession, and so on.
Even for the crime of negligent death, the sentence is generally three to seven years.
And Chen Daoguang blocked the door...
With a day's hard work, he successfully bought him ten years of food and clothing.
This sentencing proposal is really scary.
to be frank.
They even suspected that the public prosecutor was avenging himself.
Also.
Chen Daoguang's defense was also very exciting.
Resolutely do not admit the crime of illegal detention.
it looks like...
This free legal aid lawyer hides his secrets and has a strong desire to operate.
"The prosecutor's request for a ten-year sentence should be reasonable."
yard.
Qin Mu looked at the trial screen and thought for a while: "He committed the crime of illegal detention and the crime of picking quarrels and provoking trouble. According to the principles of criminal law, he should be sentenced as a felony."
When one act triggers two crimes...
Choose its felony punishment.
According to the plot, for the two crimes committed by Chen Daoguang, the sentencing interval for the crime of illegal detention is fixed-term imprisonment of less than three years, and the sentencing interval for the crime of picking quarrels and provoking trouble is fixed-term imprisonment of not more than five years.
therefore.
In the end, he will be judged according to the crime of picking quarrels and provoking trouble, and Chen Daoguang's sentencing should not exceed five years.
but……
In the crime of picking quarrels and provoking trouble, four prohibited acts are specifically stipulated:
[-]. Beating others at will, and the circumstances are bad;
[-]. Chasing, intercepting, insulting or intimidating others, where the circumstances are bad;
[-]. Forcibly taking or arbitrarily destroying or occupying public or private property, and the circumstances are serious;
[-]. Making disturbances in public places, causing serious disorder in public places.
It also stipulates that those who repeatedly or repeatedly gather crowds to carry out the above-mentioned acts shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
Perhaps the procuratorate discovered Chen Daoguang's past "deeds".
Only then did Chen Daoguang be given special "care" and the sentencing recommendation was directly raised to ten years!
after all……
Yesterday, Chen Daoguang was so angry that he didn't even let the public prosecutor go.
This is also the first defendant he has ever seen who dared to anger the prosecutor.
As for Chen Daoguang's defense in the direction of "defense of innocence", he seriously doubts that Chen Daoguang himself played freely.
It has nothing to do with the defense attorney.
With such solid evidence...
It is impossible for anyone to acquit the lawsuit!
"So that's the case. Could it be that he offended the prosecutor?"
"Yesterday he was still sitting next to the prosecutor as a victim. I guess he never dreamed of such a day."
"I finally understand now that it's not so terrible to offend the judge, it's the worst thing to offend the public prosecutor. The sentencing recommendation is directly increased!"
"Could it be that the public prosecutor screened overnight and discovered Chen Daoguang's new criminal record..."
"..."
Zhang Qingyuan and others swallowed their saliva.
Get even more excited.
Judges and members of the collegial panel represent the court and have judicial power.
The Public Prosecutor represents the Procuratorate and has the power to sue.
Defendants in most criminal cases...
They were all accused.
The sentencing proposal was also put forward by them first.
And Chen Daoguang's actions yesterday were undoubtedly shooting himself in the foot.
"Xiao Qin, it's good to have you, otherwise I wouldn't understand these sentencing requirements..."
Wan Zhongyuan, who was sitting on a small bench beside him, also listened with great interest, and couldn't help but sigh with emotion.
From Qin Mu's commentary, he also learned a lot.
The most direct point...
Just don't offend people like Qin Mu who understand the law.
A door-blocking event...
After all kinds of chances and coincidences, it directly rose to ten years in prison!
He will never dare to block other people's doors in the future.
This kind of thing...
In his mind, it has risen to the same level as murder and arson.
……
at the same time.
Jincheng Court.
Chen Daoguang's statement is over.
He expressed his resolute refusal to accept the ten-year sentence.
Zhou Quanmin frowned, and continued to look at the other defendants.
Shen Sheng asked: "What do you want to defend against the prosecutor's accusation?"
This link...
It is to demonstrate the defendant's human rights and give the defendant an opportunity to express his or her point of view.
When preventing unjust, false and wrongly decided cases, the defendant has nowhere to speak.
And this case involves a lot of people.
He needs to ask the opinions of most people to prevent unjust, false and wrongly decided cases.
"Judge, the second brother is right, we were really wronged!"
"We just blocked the door and didn't do anything at all. We went in once before, and we are determined not to do anything illegal!"
"That's right. Police officer Qian Jiangqian from the town police station warned us that it is illegal to smash the door."
"We just blocked the door this time and didn't do anything. How can we be sentenced for several years for such a trivial matter?"
"..."
Individuals stood up one after another.
Insist on defending them, claiming that their actions were limited to blocking doors.
None of the other violations of law and discipline were done.
Refused to accept the prosecution's complaint.
This scene……
It directly made the legal aid lawyer tremble with anger.
The complexion was ashen.
a few days ago.
He received the assigned assistance case.
Because the defendant did not take the initiative to seek a lawyer, it is usually an assigned assisting lawyer to help defend the case.
After receiving this case...
He began to actively prepare, inquire about the case, and look for favorable conditions for the parties.
A feasible commutation plan has also been prepared.
Not to mention that it can be reduced by a few years, it is not a problem to reduce it by a few months.
however……
The scene of the defense session in the court session directly gave him a critical blow.
It's not just Chen Daoguang.
None of the other defendants cooperated with him.
Neither wanted to plead guilty.
Directly push the case in the direction of innocence defense.
thought here.
He was about to cry.
He is just an ordinary legal aid lawyer.
Basic skills can only be considered average.
And this is a certain case, even if the gods fight it, they can't win it.
"Boom-"
10 minute later.
After Zhou Quanmin and others listened to the defendant's defense.
Shen Sheng concluded: "After the collegiate panel's analysis, the focus of the current case is that the defendant Chen Daoguang and others have always believed that they are innocent."
"Next, the case will be heard around this focus."
The voice fell.
The face of the legal aid lawyer became increasingly ugly.
Just feel the scalp tingling.
The future is bleak.
"Now, enter the link of proof and cross-examination."
Subsequently.
On the prosecution bench.
A public prosecutor stood up and began to present evidence.
"Here are the video and photo materials provided by Chen Qi's family that day, as well as the authentication certificate of the authenticity of the materials, which clearly show that Chen Daoguang and others carried out illegal detention, picking quarrels and provoking troubles throughout the whole day on the 14th. "
"Here are the confessions and testimonies of the local villagers on this matter."
"Here is the confession of Chen Qi's family."
"Here is the identification certificate of Chen Qi's youngest son's injury. He was slapped by Chen Daoguang when he wanted to go out to play."
"Here is the case file of Chen Daoguang and others illegally invading Song Yun's farmhouse and smashing the door."
"Here is the evidence that Chen Daoguang has organized villagers to gather crowds to make trouble..."
Information one after another.
Submitted before the collegial panel.
These materials and evidence have all been appraised by professional appraisal institutions.
The veracity of the evidence can be determined.
plus...
It can be ascertained that Chen Daoguang slapped and beat the detainees during his illegal detention.
In addition, Chen Daoguang has illegally gathered crowds to make troubles many times, and the town police station has records of dispatching police.
The evidence...
Each of them can be said to be solid evidence.
Many of them were found by the two of them overnight.
Based on these evidences, Chen Daoguang's sentencing recommendations have also been adjusted accordingly, and the circumstances of the crime of picking quarrels and provoking trouble are serious.
According to the law, he will be sentenced to fixed-term imprisonment of not less than five years and not more than ten years.
"Defendant, what objections do you have to this evidence?"
After Zhou Quanmin read the evidence, he looked back at the dock.
Focus on...
The legal aid lawyer, of course.
This cross-examination link, usually a legal aid lawyer, challenges and refute the evidence presented by the public prosecutor.
If the evidence is obtained through illegal collection or inspection...
The court should also not accept it.
For example, the proceeds of extorting confessions by torture, the taking of illegal confessions, the evidence admitted by the defendant's slip of the tongue, the evidence of no physical evidence source during the inquest, and so on.
In daily life.
Evidence not accepted by the court, as well as fragmented and inductive audio recordings.
All information collected through illegal means will not be accepted by the court.
The most direct example...
That is, the court will not recognize the evidence collected by private detectives by tracking and spying on other people's privacy.
And the questioning part...
It is an opportunity for the defendant to refute the inaccuracies of the evidence.
however……
The legal aid lawyer looked very stiff at the moment, and his face was a little ugly.
Keep your head down.
It seemed that Zhou Quanmin hadn't heard what he said.
"Defendant, what objections do you have to this evidence?"
Zhou Quanmin frowned and asked again.
But the defense attorney for the defense...
But there was no response or reply.
"Of course we have objections!"
at this time.
Chen Daoguang from the dock stood up again and argued for himself: "These evidences are all conjectures and slanders, without any real evidence!"
"It's said that I gather together, and we country people like to hang out with a group of people. Is there a problem? Which law stipulates that we can't hang out together?"
"We are all relatives, and we usually get together to chat. Could it be that we have broken the law?"
"There was also the incident of smashing the door of the farmhouse before. It was because my son was killed by the bridesmaids at the time, and they were harboring criminals. We were in a hurry, so we wanted to find out the people first, fearing that they would let Huang Lan go. .”
in the court.
Chen Daoguang argued excitedly for himself.
Forget about defense attorneys altogether.
The defense lawyer also cooperated very well, staying in the original position obediently and acting as a mascot.
It's like a decoration.
"This link is the cross-examination link. Please make a targeted and effective refutation based on the evidence presented by the public prosecutor."
Zhou Quanmin glanced at Chen Daoguang, and then said: "If you think any piece of evidence presented by the prosecutor is false or wrong, you can point it out in court."
He pondered Chen Daoguang's words for a long time just now.
Find……
Although Chen Daoguang said a lot, he didn't get to the point.
The evidence presented by the public prosecutor was not contested.
The reason why the public prosecutor presented these evidences was that they were sufficient to prove that Chen Daoguang and others had committed the crime of illegal detention and the crime of picking quarrels and provoking trouble.
As for Chen Daoguang's defense just now...
And it's all nonsense.
Not targeted at all.
This is the biggest difference between ordinary people and lawyers.
In court, lawyers can effectively express their opinions and strive for maximum efficiency.
only……
At this time, the defense lawyers of Chen Daoguang and others seemed to be completely autistic.
No desire to speak at all.
Chen Daoguang actively shouldered the "heavy burden" of lawyers and continued to defend them.
"Do you want to refute one by one?"
in the dock.
Chen Daoguang frowned, feeling very troublesome.
But he still said casually: "I don't think the video can explain anything. The video taken by their Chen family can only prove that we sat chatting at their door."
"It's reasonable to sit and chat at the door in the countryside, right?"
"We are doing ordinary things every day, not illegal detention at all."
He thought very simply.
As long as the crime of illegal detention is refuted, their crime will not be much.
Maybe not even jail time.
"Sit at the door and chat? Then why in the confessions of the rest of the people, it was your idea to let them block the door and prohibit anyone from Chen Qi's family from entering or leaving?"
On the prosecution bench.
A public prosecutor stepped forward and threw out another statement.
sharp rebuttal.
"This...this this..."
Chen Daoguang was dumbfounded when he was asked such a question.
I didn't expect the prosecutor to have such a hand at all.
He could only falter and say: "I... I, we just wanted to have a good talk with them and let them hand over the bridesmaids..."
He was detained for three days at the time.
after release.
Hearing the news of Huang Lan's release, he was furious immediately.
I just wanted to find justice.
"At that time, Huang Lan was released on bail pending trial. After approval by the public security agency, you are not a judicial agency. Why should you ask for someone?"
The prosecutor snorted coldly, and then questioned.
"I...she killed my son and stabbed three people. She is the murderer. I...I just want justice and arrest her first..."
Chen Daoguang swallowed, and continued to defend.
"According to relevant laws, all citizens in our country who have not been deprived of political rights have the right to personal freedom."
The public prosecutor took a deep breath and took advantage of the situation to pursue: "Even law enforcement agencies are forbidden to detain others' personal freedom without the approval of judicial procedures."
"You not only illegally detained eight members of Chen Qi's family, but even attempted to illegally detain Huang Lan. The circumstances were very bad!"
Speaking of it.
The public prosecutor turned around and faced Zhou Quanmin and the others.
Said in a deep voice: "Presiding judge, I am applying to add an additional charge to the request. Chen Daoguang and others attempted to illegally detain others outside of this case. The motives are bad and the circumstances are extremely serious. They should be given a heavier sentence!"
The voice just fell.
the whole court.
There was a sudden silence.
Chen Daoguang in the dock stared blankly at the public prosecutor who made a generous accusation, his face turned pale with fright.
In this session...
As he talked, he seemed to have screwed himself up again.
Suddenly, a plot of heavy punishment was added.
(End of this chapter)
Today's Chenjia Village.
Counting it, hundreds of people have already entered.
The number is still growing steadily.
Case after case.
No one knows who the next batch will be.
"What are you looking at me for?"
Qin Mu looked at the crowd with an innocent expression on his face.
this matter……
It has nothing to do with him.
He just suggested the idea of rights protection to the bridesmaids.
As for the rest...
It was all made by this group of villagers who were getting married.
If they had obeyed the law, they would not have ended up like this.
For example, Chen Daoguang and others.
When something happens, the first thing is to gather relatives and clansmen to make trouble.
Openly blocked the door.
Such behavior……
Seriously infringing on other people's right to personal freedom is a kind of crime of illegal detention, but they don't know it at all.
"Today, the Second Criminal Tribunal of the Jincheng Court publicly tried the case of Chen Daoguang and others suspected of illegal detention, picking quarrels and provoking trouble. I and Zhou Quanmin served as the presiding judges and formed a collegial panel according to law."
In the projected live screen.
Facing the court, Zhou Quanmin announced in a deep voice that the court would officially open.
Followed by.
Then he looked at the public prosecutor, and then said: "Please let the public prosecutor speak, read the indictment, and state the course of the case and the lawsuit."
The voice just fell.
The public prosecutor in the prosecution seat immediately stood up and glanced at Chen Daoguang in the dock.
His expression was a little unnatural.
It seems to think of a scene from yesterday.
"Dear presiding judge and fellow judges, on the 14th of this month, a case of illegal detention, picking quarrels and provoking trouble occurred in Chenjia Village. After receiving a call to the police, the town police station in the local jurisdiction responded urgently and rushed to on site."
"After verification, it was confirmed that the villagers headed by Chen Daoguang gathered a crowd to illegally block and detain Chen Qi's family, and prohibited the eight members of Chen Qi's family from going out."
"The evidence in this case is clear, the chain of evidence is sufficient, and there are witnesses and physical evidence."
"The 78 people led by Chen Daoguang have violated the crimes of illegal detention and provoking troubles in my country's criminal law. The circumstances are bad and have had a negative impact on Chenjia Village and the society."
"According to Article 290 of the Criminal Law, we request the court to sentence the defendant Chen Daoguang to ten years' imprisonment and a fine."
"The remaining 77 people except Chen Daoguang were sentenced to fixed-term imprisonment..."
in the lawsuit.
He requested that the leader Chen Daoguang be sentenced to [-] years in prison, and the rest be sentenced to fixed-term imprisonment ranging from one year and six months to five years.
The voice just fell.
in the dock.
The faces of Chen Daoguang and others changed drastically.
In particular, Chen Daoguang showed an expression of disbelief, staring at the prosecutor.
He has been locked up in the detention center these days.
Although he knew that he might be sentenced, he never thought that he would be sentenced to ten years!
"Judge, don't listen to what he said, he just remembers that I pissed him off yesterday, to avenge my personal revenge!"
"I just blocked a door, how could the crime be so serious?"
"You public prosecutor, can you act with conscience? My son was stabbed to death by Huang Lan, and you only asked for her to be sentenced to eight years. Why should I be sentenced to ten years?"
"My Chenjia Village has always been law-abiding, and I, Daoguang Chen, are a model for the villagers. I have never done anything illegal..."
Not yet at the defense stage.
Chen Daoguang hurriedly defended himself, extremely anxious.
sweating a lot.
He was worried that he was too late...
When the time comes, judges and others will all favor the prosecutor.
"quiet!"
in court.
Zhou Quanmin rapped the gavel, and said in a deep voice, "The defendant, please abide by court discipline. You are forbidden to speak until it is time for you to speak!"
Chen Daoguang swallowed, and looked at Zhou Quanmin with a solemn expression.
There is no more insolence from yesterday.
The case was over yesterday...
His wife, as well as the group of relatives who accompanied him, all stayed in the court and were detained in the detention room.
Learn from the past.
He's suddenly becoming more honest now.
After a while.
Zhou Quanmin saw that he didn't refute any further, so he slowly said, "The defendant, please respond to the prosecutor's accusation."
This link...
It is to summarize the focal issues between the public prosecutor and the defendant.
to determine where the case needs to be heard.
Just finished speaking.
Next to the dock.
A legal aid lawyer glanced at Chen Daoguang, and quickly said, "You will do as I tell you later, actively plead guilty, and strive for a commutation of your sentence."
however……
Chen Daoguang glanced at him, but ignored him.
Instead, he said to himself: "Judge, I am wronged. I just blocked a door. Strictly speaking, it is not a crime at all."
"The town police station and these two public prosecutors obviously wanted to avenge their own personal revenge. They deliberately retaliated against me and insisted on putting me on the line."
"I've lived for decades, but I've never heard that if you block a door, you'll be sentenced to ten years in prison!"
"Who will be so joking after this look?"
"We were just joking with Chen Qi's family, we didn't do anything, we didn't swear, there was no conflict..."
Facing everyone in the collegial panel.
He directly ignored the legal aid lawyer's explanation.
In his own words, he refuted the prosecutor.
In his opinion.
This legal aid lawyer is free, and there is no need to pay, and they do not need to pay lawyer fees.
Cheap ones are definitely not good.
Maybe he is an accomplice of the prosecutor, trying to harm himself.
At this time, the only person he can trust is himself.
"You...why didn't you follow my instructions?"
Hearing this, the legal aid lawyer blushed with anger.
Chen Daoguang glanced at him.
Can't help but show contempt.
The lawyer's defense statement yesterday was all about asking him to plead guilty and accept punishment, expressing his willingness to accept reform and be a new man.
This clearly landed him in jail.
If you really listen to him...
Then he will definitely not be able to escape his ten-year sentence.
……
at the same time.
nursing home.
Zhang Qingyuan, Li Weiguo, Song Tiancheng and others were sitting in the yard, looking up at the projection screen.
Shocked.
"Is the crime of illegal detention so severe? I heard that he blocked Chen Qi's family for one day, and asked for ten years?"
"78 people, everyone has a sentence of imprisonment, only Chen Daoguang is the best, and he is taken care of by the public prosecutor."
"There's something about Chen Daoguang's defense. His defense lawyer wouldn't want to...plead not guilty, would he?"
"This lawyer seems to be a legal aid lawyer. I have sat in on criminal cases before and seen him many times."
"..."
With wonder.
Everyone discussed one after another.
The ten-year sentence proposed by the public prosecutor almost slipped their backs again.
To know.
The ten-year sentence is generally the starting sentence for those top-level felonies, such as bank robbery, intentional homicide, illegal gun possession, and so on.
Even for the crime of negligent death, the sentence is generally three to seven years.
And Chen Daoguang blocked the door...
With a day's hard work, he successfully bought him ten years of food and clothing.
This sentencing proposal is really scary.
to be frank.
They even suspected that the public prosecutor was avenging himself.
Also.
Chen Daoguang's defense was also very exciting.
Resolutely do not admit the crime of illegal detention.
it looks like...
This free legal aid lawyer hides his secrets and has a strong desire to operate.
"The prosecutor's request for a ten-year sentence should be reasonable."
yard.
Qin Mu looked at the trial screen and thought for a while: "He committed the crime of illegal detention and the crime of picking quarrels and provoking trouble. According to the principles of criminal law, he should be sentenced as a felony."
When one act triggers two crimes...
Choose its felony punishment.
According to the plot, for the two crimes committed by Chen Daoguang, the sentencing interval for the crime of illegal detention is fixed-term imprisonment of less than three years, and the sentencing interval for the crime of picking quarrels and provoking trouble is fixed-term imprisonment of not more than five years.
therefore.
In the end, he will be judged according to the crime of picking quarrels and provoking trouble, and Chen Daoguang's sentencing should not exceed five years.
but……
In the crime of picking quarrels and provoking trouble, four prohibited acts are specifically stipulated:
[-]. Beating others at will, and the circumstances are bad;
[-]. Chasing, intercepting, insulting or intimidating others, where the circumstances are bad;
[-]. Forcibly taking or arbitrarily destroying or occupying public or private property, and the circumstances are serious;
[-]. Making disturbances in public places, causing serious disorder in public places.
It also stipulates that those who repeatedly or repeatedly gather crowds to carry out the above-mentioned acts shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
Perhaps the procuratorate discovered Chen Daoguang's past "deeds".
Only then did Chen Daoguang be given special "care" and the sentencing recommendation was directly raised to ten years!
after all……
Yesterday, Chen Daoguang was so angry that he didn't even let the public prosecutor go.
This is also the first defendant he has ever seen who dared to anger the prosecutor.
As for Chen Daoguang's defense in the direction of "defense of innocence", he seriously doubts that Chen Daoguang himself played freely.
It has nothing to do with the defense attorney.
With such solid evidence...
It is impossible for anyone to acquit the lawsuit!
"So that's the case. Could it be that he offended the prosecutor?"
"Yesterday he was still sitting next to the prosecutor as a victim. I guess he never dreamed of such a day."
"I finally understand now that it's not so terrible to offend the judge, it's the worst thing to offend the public prosecutor. The sentencing recommendation is directly increased!"
"Could it be that the public prosecutor screened overnight and discovered Chen Daoguang's new criminal record..."
"..."
Zhang Qingyuan and others swallowed their saliva.
Get even more excited.
Judges and members of the collegial panel represent the court and have judicial power.
The Public Prosecutor represents the Procuratorate and has the power to sue.
Defendants in most criminal cases...
They were all accused.
The sentencing proposal was also put forward by them first.
And Chen Daoguang's actions yesterday were undoubtedly shooting himself in the foot.
"Xiao Qin, it's good to have you, otherwise I wouldn't understand these sentencing requirements..."
Wan Zhongyuan, who was sitting on a small bench beside him, also listened with great interest, and couldn't help but sigh with emotion.
From Qin Mu's commentary, he also learned a lot.
The most direct point...
Just don't offend people like Qin Mu who understand the law.
A door-blocking event...
After all kinds of chances and coincidences, it directly rose to ten years in prison!
He will never dare to block other people's doors in the future.
This kind of thing...
In his mind, it has risen to the same level as murder and arson.
……
at the same time.
Jincheng Court.
Chen Daoguang's statement is over.
He expressed his resolute refusal to accept the ten-year sentence.
Zhou Quanmin frowned, and continued to look at the other defendants.
Shen Sheng asked: "What do you want to defend against the prosecutor's accusation?"
This link...
It is to demonstrate the defendant's human rights and give the defendant an opportunity to express his or her point of view.
When preventing unjust, false and wrongly decided cases, the defendant has nowhere to speak.
And this case involves a lot of people.
He needs to ask the opinions of most people to prevent unjust, false and wrongly decided cases.
"Judge, the second brother is right, we were really wronged!"
"We just blocked the door and didn't do anything at all. We went in once before, and we are determined not to do anything illegal!"
"That's right. Police officer Qian Jiangqian from the town police station warned us that it is illegal to smash the door."
"We just blocked the door this time and didn't do anything. How can we be sentenced for several years for such a trivial matter?"
"..."
Individuals stood up one after another.
Insist on defending them, claiming that their actions were limited to blocking doors.
None of the other violations of law and discipline were done.
Refused to accept the prosecution's complaint.
This scene……
It directly made the legal aid lawyer tremble with anger.
The complexion was ashen.
a few days ago.
He received the assigned assistance case.
Because the defendant did not take the initiative to seek a lawyer, it is usually an assigned assisting lawyer to help defend the case.
After receiving this case...
He began to actively prepare, inquire about the case, and look for favorable conditions for the parties.
A feasible commutation plan has also been prepared.
Not to mention that it can be reduced by a few years, it is not a problem to reduce it by a few months.
however……
The scene of the defense session in the court session directly gave him a critical blow.
It's not just Chen Daoguang.
None of the other defendants cooperated with him.
Neither wanted to plead guilty.
Directly push the case in the direction of innocence defense.
thought here.
He was about to cry.
He is just an ordinary legal aid lawyer.
Basic skills can only be considered average.
And this is a certain case, even if the gods fight it, they can't win it.
"Boom-"
10 minute later.
After Zhou Quanmin and others listened to the defendant's defense.
Shen Sheng concluded: "After the collegiate panel's analysis, the focus of the current case is that the defendant Chen Daoguang and others have always believed that they are innocent."
"Next, the case will be heard around this focus."
The voice fell.
The face of the legal aid lawyer became increasingly ugly.
Just feel the scalp tingling.
The future is bleak.
"Now, enter the link of proof and cross-examination."
Subsequently.
On the prosecution bench.
A public prosecutor stood up and began to present evidence.
"Here are the video and photo materials provided by Chen Qi's family that day, as well as the authentication certificate of the authenticity of the materials, which clearly show that Chen Daoguang and others carried out illegal detention, picking quarrels and provoking troubles throughout the whole day on the 14th. "
"Here are the confessions and testimonies of the local villagers on this matter."
"Here is the confession of Chen Qi's family."
"Here is the identification certificate of Chen Qi's youngest son's injury. He was slapped by Chen Daoguang when he wanted to go out to play."
"Here is the case file of Chen Daoguang and others illegally invading Song Yun's farmhouse and smashing the door."
"Here is the evidence that Chen Daoguang has organized villagers to gather crowds to make trouble..."
Information one after another.
Submitted before the collegial panel.
These materials and evidence have all been appraised by professional appraisal institutions.
The veracity of the evidence can be determined.
plus...
It can be ascertained that Chen Daoguang slapped and beat the detainees during his illegal detention.
In addition, Chen Daoguang has illegally gathered crowds to make troubles many times, and the town police station has records of dispatching police.
The evidence...
Each of them can be said to be solid evidence.
Many of them were found by the two of them overnight.
Based on these evidences, Chen Daoguang's sentencing recommendations have also been adjusted accordingly, and the circumstances of the crime of picking quarrels and provoking trouble are serious.
According to the law, he will be sentenced to fixed-term imprisonment of not less than five years and not more than ten years.
"Defendant, what objections do you have to this evidence?"
After Zhou Quanmin read the evidence, he looked back at the dock.
Focus on...
The legal aid lawyer, of course.
This cross-examination link, usually a legal aid lawyer, challenges and refute the evidence presented by the public prosecutor.
If the evidence is obtained through illegal collection or inspection...
The court should also not accept it.
For example, the proceeds of extorting confessions by torture, the taking of illegal confessions, the evidence admitted by the defendant's slip of the tongue, the evidence of no physical evidence source during the inquest, and so on.
In daily life.
Evidence not accepted by the court, as well as fragmented and inductive audio recordings.
All information collected through illegal means will not be accepted by the court.
The most direct example...
That is, the court will not recognize the evidence collected by private detectives by tracking and spying on other people's privacy.
And the questioning part...
It is an opportunity for the defendant to refute the inaccuracies of the evidence.
however……
The legal aid lawyer looked very stiff at the moment, and his face was a little ugly.
Keep your head down.
It seemed that Zhou Quanmin hadn't heard what he said.
"Defendant, what objections do you have to this evidence?"
Zhou Quanmin frowned and asked again.
But the defense attorney for the defense...
But there was no response or reply.
"Of course we have objections!"
at this time.
Chen Daoguang from the dock stood up again and argued for himself: "These evidences are all conjectures and slanders, without any real evidence!"
"It's said that I gather together, and we country people like to hang out with a group of people. Is there a problem? Which law stipulates that we can't hang out together?"
"We are all relatives, and we usually get together to chat. Could it be that we have broken the law?"
"There was also the incident of smashing the door of the farmhouse before. It was because my son was killed by the bridesmaids at the time, and they were harboring criminals. We were in a hurry, so we wanted to find out the people first, fearing that they would let Huang Lan go. .”
in the court.
Chen Daoguang argued excitedly for himself.
Forget about defense attorneys altogether.
The defense lawyer also cooperated very well, staying in the original position obediently and acting as a mascot.
It's like a decoration.
"This link is the cross-examination link. Please make a targeted and effective refutation based on the evidence presented by the public prosecutor."
Zhou Quanmin glanced at Chen Daoguang, and then said: "If you think any piece of evidence presented by the prosecutor is false or wrong, you can point it out in court."
He pondered Chen Daoguang's words for a long time just now.
Find……
Although Chen Daoguang said a lot, he didn't get to the point.
The evidence presented by the public prosecutor was not contested.
The reason why the public prosecutor presented these evidences was that they were sufficient to prove that Chen Daoguang and others had committed the crime of illegal detention and the crime of picking quarrels and provoking trouble.
As for Chen Daoguang's defense just now...
And it's all nonsense.
Not targeted at all.
This is the biggest difference between ordinary people and lawyers.
In court, lawyers can effectively express their opinions and strive for maximum efficiency.
only……
At this time, the defense lawyers of Chen Daoguang and others seemed to be completely autistic.
No desire to speak at all.
Chen Daoguang actively shouldered the "heavy burden" of lawyers and continued to defend them.
"Do you want to refute one by one?"
in the dock.
Chen Daoguang frowned, feeling very troublesome.
But he still said casually: "I don't think the video can explain anything. The video taken by their Chen family can only prove that we sat chatting at their door."
"It's reasonable to sit and chat at the door in the countryside, right?"
"We are doing ordinary things every day, not illegal detention at all."
He thought very simply.
As long as the crime of illegal detention is refuted, their crime will not be much.
Maybe not even jail time.
"Sit at the door and chat? Then why in the confessions of the rest of the people, it was your idea to let them block the door and prohibit anyone from Chen Qi's family from entering or leaving?"
On the prosecution bench.
A public prosecutor stepped forward and threw out another statement.
sharp rebuttal.
"This...this this..."
Chen Daoguang was dumbfounded when he was asked such a question.
I didn't expect the prosecutor to have such a hand at all.
He could only falter and say: "I... I, we just wanted to have a good talk with them and let them hand over the bridesmaids..."
He was detained for three days at the time.
after release.
Hearing the news of Huang Lan's release, he was furious immediately.
I just wanted to find justice.
"At that time, Huang Lan was released on bail pending trial. After approval by the public security agency, you are not a judicial agency. Why should you ask for someone?"
The prosecutor snorted coldly, and then questioned.
"I...she killed my son and stabbed three people. She is the murderer. I...I just want justice and arrest her first..."
Chen Daoguang swallowed, and continued to defend.
"According to relevant laws, all citizens in our country who have not been deprived of political rights have the right to personal freedom."
The public prosecutor took a deep breath and took advantage of the situation to pursue: "Even law enforcement agencies are forbidden to detain others' personal freedom without the approval of judicial procedures."
"You not only illegally detained eight members of Chen Qi's family, but even attempted to illegally detain Huang Lan. The circumstances were very bad!"
Speaking of it.
The public prosecutor turned around and faced Zhou Quanmin and the others.
Said in a deep voice: "Presiding judge, I am applying to add an additional charge to the request. Chen Daoguang and others attempted to illegally detain others outside of this case. The motives are bad and the circumstances are extremely serious. They should be given a heavier sentence!"
The voice just fell.
the whole court.
There was a sudden silence.
Chen Daoguang in the dock stared blankly at the public prosecutor who made a generous accusation, his face turned pale with fright.
In this session...
As he talked, he seemed to have screwed himself up again.
Suddenly, a plot of heavy punishment was added.
(End of this chapter)
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