The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 190 I Still Like Your Unruly Appearance
Somehow.

He found that today's public prosecutor...

The speech became sharper, pursued and questioned constantly.

It is completely different from yesterday.

Yesterday was a business-like attitude.

And now...

It's like going all out.

"I... I, I... We often do this in the countryside. When there are conflicts, we just make trouble like this. I have never heard that it can be so serious..."

He swallowed, still unwilling to give up.

Try to justify yourself.

In Chenjia Village.

There are often several foreigners coming, and conflicts are inevitable.

He has brought a large number of relatives with him several times before...

Come to "ask for justice".

Never happened.

This is something he still doesn't understand.

Why……

This time targeting Chen Qi's family, something happened suddenly.

"That's because they didn't call the police."

On the prosecution bench.

A public prosecutor snorted coldly, and continued: "Illegally detaining other people's personal freedom has already constituted a serious criminal offense."

in fact.

Incidents of illegal detention are more difficult to determine.

Because what is detained is the personal freedom of the person concerned.

If the party lacks legal awareness, does not take the initiative to call the police, and does not feel that personal freedom has been violated...

Their procuratorial organs have no knowledge of the case, nor can they make a complaint.

But in the case of Chen Daoguang and others...

Chen Qi's family understood the Fa very well.

Take the initiative to call the police and state the other party's criminal behavior.

The shooting records kept the criminal evidence of the other party.

Provide testimonial testimony...

It is enough to face the crimes committed by Chen Daoguang and others.

"Then...then your evidence says that we beat each other, we chatted civilly the whole time, and we didn't even bring sticks..."

Chen Daoguang clenched his teeth.

A strong desire to survive erupted.

Continue to "quibble".

"Snapped!"

His voice just fell.

The public prosecutor patted one of the pieces of evidence, and said coldly, "This is the injury appraisal report. The youngest son of Chen Qi's family wanted to go out to play, but you slapped him in the face."

"How do you explain this?"

Chen Daoguang swallowed.

His face was a bit ugly, and he couldn't help but ask back: "Just a slap in the face, can this be counted as beating?"

"There are a lot of slaps these days, and I often slap my son. Is it possible that I will go to jail?"

His face was full of puzzlement.

Feeling more and more wronged.

A little thing like slapping...

He never thought about beating the top.

"According to the provisions of the Criminal Law on the crime of illegal detention, as long as there is an act of beating, it is a serious case and should be given a heavier sentence."

The public prosecutor said lightly: "In the Public Security Management Punishment Law, the definition of 'assault' behavior is clearly pointed out. As long as someone intentionally injures another person's body in a public place, it is assault."

Generally speaking.

Assault on this illegal act...

Appears most in life.

Even between lovers, some friction is inevitable.

As long as the assault is subjectively intentional, it can constitute assault.

In view of this situation……

As long as the battered insists on pursuing the investigation, the batterer needs to bear the corresponding legal responsibility according to the seriousness of the circumstances.

Even with a light slap on the arm, a slap in the face, and a kick...

As long as there is evidence to prove the existence of the act, the other party shall bear legal responsibility.

Those with less than minor injuries will be punished for public security management and detained.

Minor injuries involve compensation and other issues.

Minor injuries and serious injuries constitute the criminal offense of intentional injury.

but……

In normal times, many people are beaten.

The evidence was not preserved in time, and the police were not called.

So this type of illegality...

has been ignored.

"It's illegal to slap..."

After Chen Daoguang finished listening, his eyes widened.

Face full of disbelief.

"Of course, even if you hit your son, it's still against the law!"

The public prosecutor said solemnly: "And during your criminal activities of illegal detention, you committed beatings, which fully meet the serious circumstances of the crime of illegal detention!"

This case is rather special.

The criminal law specifically stipulates the severity of beatings during illegal detention.

In the judicial interpretation, there is no special explanation on the consequences of the beating.

That is, as long as there is assault...

Regardless of whether the consequences are serious or not, they should be given a heavier sentence according to the seriousness of the circumstances.

After Chen Daoguang listened, he froze on the spot.

Eyes flicker.

In a trance.

Don't know what to think.

"In this document, we learned from the police dispatch of the town police station that in November last year, you gathered a crowd to threaten and intimidate Mr. Liu of Chenjia Village because of an incident between his son and your son in order to compete for the village flower. Quarrel..."

On the prosecution bench.

A public prosecutor continued to point to the evidence on the table and said: "At that time, the town police station closed the case on the grounds of private coordination between the two parties."

this matter……

It was they who searched overnight.

It was said that things were quite noisy at the time.

It wasn't until people from the police station went to mediate the conflicts among the villagers.

And the instigator...

It was Chen Daoguang.

Relying on the power of his relatives in the countryside, he ran wild in the countryside and bullied the villagers in various ways.

"But... this case... we just had a friendly exchange at the time..."

Chen Daoguang came back to his senses, and quickly raised his head to defend himself.

This happened half a year ago.

He remembered it clearly.

At that time, just to vent his anger on his son, he brought more than a dozen people to Liu's house to communicate.

as predicted.

The members of the Liu family were so frightened that they immediately panicked.

His son also successfully soaked in the village flower.

"You have gathered crowds to rampage in the village, more than three times in two years, and the act of gathering crowds to cause trouble has exceeded three times."

On the prosecution bench.

The public prosecutor took a deep breath, and said in a deep voice: "According to the relevant regulations of the criminal law, gathering people to cause trouble many times is serious enough to constitute the crime of picking quarrels and provoking trouble. According to the law, it should be sentenced to fixed-term imprisonment of not less than five years but not more than ten years!"

in criminal law.

There are many acts that should be punished severely.

One of them is recidivism.

For those who have repeatedly committed criminal acts...

He will be given a heavier sentence in accordance with the law.

"Again... seriously?"

When Chen Daoguang heard this, his legs trembled a little.

He has defended himself for so long...

It was as if he had been fighting for a heavier sentence.

The purpose of illegal detention is vile and severe.

A slap in the face, seriously.

Gathering the crowd many times, seriously...

"You should say a few words."

thought here.

He couldn't help but turned his head, looked at the legal aid lawyer in the lawyer's seat, and complained.

Fighting alone...

It is too difficult.

He finally realized that he still had teammates.

however……

The teammate kept his head down the whole time, with a calm expression on his face.

The corners of the mouth twitched.

There was a faint smile.

I don't know if it was his delusion.

"Boom-"

in court.

Zhou Quanmin asked in a deep voice after the two sides discussed and questioned the evidence, "Is there anything that needs to be questioned about the evidence presented by the prosecutor?"

Chen Daoguang glanced at the lawyer next to him again.

Swallowed.

shook his head.

He no longer dared to question...

If you doubt it.

Maybe you will get a "heavy" reward again.

"Since that's the case, let's move on to the free debate session. The two sides are invited to debate around the focus of guilt or innocence."

Zhou Quanmin nodded.

Continue to advance the trial.

……

Jincheng.

nursing home.

In the yard, there were exclamations one after another.

"My eyes have been opened. Take it seriously, take it seriously, and take it seriously. Chen Daoguang's life is really judged."

"To be honest, not only the public prosecutor has a bad impression of him, but I don't think the collegial panel has a good impression of him either."

"I can't blame others, I can only blame him for his outstanding performance yesterday."

"He seems to have offended the legal aid lawyer today, and the idea of ​​reducing the sentence is probably broken."

"..."

Watch the trial live.

The crowd mourned.

Zhang Qingyuan and others expressed that they were eye-opening.

Chen Daoguang demonstrated with practical actions what it means to not die if you don't die.

If he obeys his lawyers...

There will never be so many "changes".

Among the onlookers.

Wan Zhongyuan looked away and swallowed.

Then he looked at the "excellent staff" of the hospital beside him.

Can't help but ask: "Xiao Qin, is there such a big gap between this ordinary person... and a lawyer?"

In the live screen.

The legal aid lawyer chose to pretend to be deaf and dumb. During the cross-examination session, Chen Daoguang defended the whole process.

And then there are so many questions...

"Of course there is."

Qin Mu nodded, and said seriously: "Many words spoken in court have legal effect. If the testimony is inconsistent, the court will lose its credibility."

"In addition to some links, the two parties need to communicate. If they make mistakes, they will be caught by the other party's prosecutor or lawyer."

"Only professional lawyers know what to say and what not to say."

Courtrooms are not like other venues.

The requirements for the speeches of the parties are very high, and inconsistencies are not allowed.

And indiscriminate defense will even reduce the credibility of the parties themselves.

Therefore, double standards and sophistry in court are useless.

Everything is inferred according to legal logic and evidence.

Chen Daoguang refused the defense of Legal Aid lawyer...

It is easy to step on the pit by yourself.

"So it is."

Wan Zhongyuan nodded thoughtfully.

Then he remembered something, and asked again: "By the way, what the prosecutor said just now...is slapping an illegal act?"

Not long ago.

He just beat up his useless son.

It's not limited to slapping.

He got into a wheelchair directly.

Assault...

If it constitutes a minor injury, it will constitute the crime of intentional injury.

He knew that very well.

So when he beat his son, he kept controlling his strength and did not meet the standard of minor injuries.

But the slap thing...

He never paid much attention to it.

"Assaulting another person, regardless of severity, is illegal."

Qin Mu smiled, and analyzed: "If the other party insists on pursuing the case, he will be sentenced to public security detention for more than five days and less than fifteen days."

"Then...what if I slap myself?"

Wan Zhongyuan blinked and asked on a whim.

Qin Mu was stunned for a moment.

Some were speechless: "The Public Security Management Punishment Law stipulates the behavior of beating others, and beating yourself is not counted."

More than this.

Even the crime of intentional injury in the criminal law is aimed at the act of injuring the physical rights of others.

Hit yourself, even self-mutilate...

Neither constitutes a violation of the law or a crime.

But this does not mean that citizens have the right to dispose of their own bodies.

Some important bodily rights are prohibited from being arbitrarily disposed of by citizens.

The most obvious example is that trafficking and selling one's own organs is illegal.

In order to relieve the pressure of daily work and life in a certain store...

Specially launched a beating package.

As long as you spend one hundred yuan, you can wantonly beat the employees in the store with minor injuries.

As long as you spend 1000 yuan, you can beat the store employees wantonly with minor injuries.

As long as you spend 1 yuan, you can wantonly beat the employees in the store under serious injuries.

As long as you spend 10 yuan, you can arbitrarily beat the employees in the store within the scope of serious injuries.

As long as it costs 100 million yuan...

The act of beating a customer, even with the consent of the person being beaten, constitutes a crime.

After listening to Wan Zhongyuan, he showed a sudden expression.

This slight infraction...

It's even smaller than running a traffic light, and more likely to be overlooked.

after all……

If a stranger slaps you suddenly, many people can't help but fight back.

Thus constitutes a fight.

And fighting each other...

Either the two reconcile, or the two are detained together.

under these circumstances.

The most appropriate way is to find evidence to prove that he was beaten.

Then call the police.

Although the slap was mild and there was no need to compensate for medical expenses, the other party must be detained for at least five days.

"Here we come, the most exciting debate session is here!"

"It seems that this lawyer doesn't intend to help at all. I'm afraid Chen Daoguang will have a difficult time at this stage."

"Guess how Chen Daoguang will defend this session?"

"I just want to know, after this link is over, will his sentence exceed the ten-year limit?"

"..."

suddenly.

Zhang Qingyuan and the others were extremely excited and stared at the screen intently.

His expression was full of expectations for Chen Daoguang.

Wan Zhongyuan heard the words.

He also retracted his gaze and looked at the projection screen.

He watched intently.

This live broadcast...

It also opened his eyes.

After Qin Mu's explanation, he has a full understanding of the crime of illegal detention and the crime of picking quarrels and provoking trouble.

As well as slapping and other acts suspected of breaking the law, they will be detained for more than five days.

Just call the police...

The other party is about to enter.

And in the live broadcast screen.

Under the auspices of Zhou Quanmin, the trial activities have advanced to the free debate session.

free debate...

It refers to centering around the fixed focus of disputes, both parties present facts, talk about evidence, and support the legality and rationality of the claims made.

"Please both sides have a free debate on guilt and innocence. During the debate, please express your personal views effectively and don't mess around."

Before the debate begins.

Zhou Quanmin gave an extra reminder.

in court.

The public prosecutor quickly stood up again and made a key point on the two charges committed by Chen Daoguang.

"First of all, the defendant Chen Daoguang and others gathered a crowd to block the door of Chen Qi's family, illegally restricting other people's personal freedom and freedom of movement and movement for as long as 24 hours."

"And the number of people detained at one time exceeded three and reached eight."

"According to the relevant provisions of the Criminal Law, illegal detention for more than 24 hours, or illegal detention for more than three times, or more than three people at a time will constitute the crime of illegal detention."

"During the process of illegal detention, Chen Daoguang was beaten, his behavior was bad, and the circumstances were serious..."

"Secondly, Chen Daoguang and others gathered a crowd at the gate of Chen Qi's family to make trouble, which affected the life order of Chen Qi's family and caused..."

The public prosecutor raised his head and chest, and spoke in a deep voice.

Incorporate the elements of each count...

They were all analyzed.

Starting from the unity of subjectivity and objectivity, the main idea of ​​criminal law, and the purpose of legislation, etc., it mainly discusses that the behavior of Chen Daoguang and others constitutes a crime.

And in the dock.

Chen Daoguang and others are listening...

Suddenly bewildered.

They have never heard of these subjective and objective elements.

I don't know how to refute at all.

"Lawyer, talk, you don't want to see so many of us go in, do you?"

Without any choice.

Chen Daoguang could only look anxiously at the legal aid lawyer beside him, his expression full of prayers.

In stark contrast to before.

"Ha ha."

The legal aid lawyer just raised his eyelids and sneered.

He didn't pay attention to the life and death of Chen Daoguang and others at all.

This kind of party...

From the moment he disturbed the theme of the defense, he was doomed to be cool.

Arguing around the innocence plea...

There is almost no chance of winning.

When encountering such an uncooperative client, no matter how hard he tried, it would be useless.

Just lie flat.

"The defendant, please, state your point of view and have an argument."

in court.

Seeing that Chen Daoguang and the others did not speak, Zhou Quanmin reminded in a deep voice.

Chen Daoguang had a mournful face.

Looking bitterly at the lawyer who was dying, he could only bite the bullet and say: "I... I, we... We were actually joking with Chen Qi's family..."

"Our behavior has nothing to do with crime at all. We just want to make a relationship and make the relationship between us villagers more harmonious."

"I... I... Subjectively we don't want to commit a crime, and objectively we don't commit a crime..."

Speaking of it.

He is a man in his 40s, almost crying.

This courtroom wordplay...

He doesn't understand at all.

I can only follow the gourd and draw a ladle, saying a word without saying a word.

At this moment he...

I also regret it very much.

If I had known earlier, I would not have offended this free lawyer.

"Boom-"

He just said a few words.

With a dark face, Zhou Quanmin rang the gavel: "The defendant, please express your views effectively, and elaborate on legal provisions and legal principles!"

"I... I am..."

After Chen Daoguang was interrupted, he became even more anxious.

Looking around the court, trying to find his teammates.

But found...

Unconsciously.

Everyone in the court was offended by him.

Everyone in the collegial panel was criticized by him yesterday.

The public prosecutor was beaten by him yesterday.

Free Lawyer...

He directly practiced closed mouth meditation.

Not a word.

As for the auditorium, there was no one at all.

Those relatives in the village...

None came.

As if abandoning them.

a time.

He suddenly felt abandoned by the whole world.

……

After half an hour.

nursing home.

"Why... does he feel like he's about to cry? Suddenly he stopped talking?"

"I was still looking forward to his wonderful performance, but I didn't expect him to be discouraged all of a sudden."

"This link is really boring. I'm still not used to him suddenly not attacking the prosecutor and the collegial panel."

"I want to sleep after watching it."

"..."

Zhang Qingyuan and the others yawned.

Looking at the live broadcast screen, he seemed a little bit depressed.

His expression was full of disappointment.

A full half hour.

Chen Daoguang did not have any wonderful operations.

Even the rebelliousness at the beginning...

also gone.

The free debate session turned into a unilateral debate by the public prosecutor, and charged Chen Daoguang and others for their criminal behavior throughout the process.

Chen Daoguang's party...

No decent resistance was launched.

Be it linguistically, mentally, or physically.

All seem mediocre.

And Zhou Quanmin saw that the debate between the two sides was almost over, and temporarily announced the adjournment.

"Xiao Qin, is the verdict announced next? How many years will they be sentenced?"

Wan Zhongyuan turned his head and looked at Qin Mu beside him.

Qin Mu nodded.

During the adjournment, the collegial panel will discuss the judgment plan.

According to his experience...

This time, Chen Daoguang and others hardly obtained any commutation circumstances.

Every episode is severely punished.

Person No. 78, everyone's sentence is estimated to be raised a bit.

What the law says is strict is not just talk.

It refers to the sentencing stage, with an extra two years in prison.

"Chen Daoguang should be expected to receive a ten-year maximum sentence, and others...have the opportunity to receive a five-year maximum sentence."

Qin Mu thought for a while and replied.

"So high? A collective punishment increase?"

After hearing this, Wan Zhongyuan couldn't help but gasped.

A total of 78 defendants.

If everyone gets a raise for a year or two...

A full increase of more than 100 years in prison!
And this is all done by Chen Daoguang on his own.

"In addition to this, there is also an accompanying civil lawsuit. Each person must compensate Chen Qijia for mental damage, loss of work, nutrition, etc., at least 2000 yuan per person, and up to 5000 yuan."

Qin Mu paused, and added another sentence.

In statutory compensation for moral damages, etc.

Generally, it is in the range of 2000 yuan to 5000 yuan.

During the entire trial period, Chen Daoguang was only concerned about the issue of imprisonment, and did not pay attention to civil litigation at all.

therefore.

It will be regarded by the collegial panel as the acquiescence to the request for civil compensation.

As long as the civil compensation plan proposed by the public prosecutor is not outrageous, it will be passed.

"It's okay, it's okay, each family will pay 2000, not much."

Wan Zhongyuan muttered when he heard the words.

compare to.

Or the skyrocketing sentence of more than 100 years sounds more scary.

It didn't take long.

The recess is over.

Zhou Quanmin led the members of the collegial panel out and all stood up.

The verdict began to be read out: "After four hours of trial, the verdict is now being pronounced on the case of illegal detention and picking quarrels and provoking troubles of 78 people including Chen Daoguang:

After the collegial panel tried it in court, both the public prosecutor and the defendant presented evidence and cross-examined the evidence, and found out the facts of the case according to law.

This court believes that the behavior of Chen Daoguang and others, gathering crowds to make noise, affected the order of Chenjia Village, endangered the normal life of others, violated the freedom of movement of Chen Qi's family of eight, violated the criminal law, and constituted illegal detention crime, the crime of picking quarrels and provoking trouble. "

"The following judgment is hereby rendered:

Chen Daoguang was sentenced to 5000 years in prison for the crimes of illegal detention and provoking trouble, and compensated the injured party, Chen Qi's family, with [-] yuan for mental damage and loss of work. "

"Sentenced Chen Ergou for the crime of illegal detention, picking quarrels and provoking trouble, and was sentenced to five years in prison, and compensated the injured party, Chen Qi's family, with 4000 yuan for mental damage and loss of work."

"Sentenced Chen Qin for the first crime of illegal detention, picking quarrels and provoking trouble, and sentenced to four years in prison..."

In front of everyone in court.

Zhou Quanmin solemnly declared that the sentences of 78 people were read out one by one.

Everyone according to different plots...

Both were sentenced to two to five years in prison, and Chen Qi's family was compensated accordingly.

The solemn voice kept echoing in the court.

15 minute later.

Everyone's sentence was read out.

(End of this chapter)