The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 225 Are You Abandoned?
Chapter 225 You Are Not Abandoned, Are You?
People who only have a family relationship...
have the qualifications to prosecute the crime of abandonment.
Obviously.
According to the current situation, Jiang Daping in front of him has abandoned behavior, or is suspected of abandoning behavior.
Otherwise, the court will not grant a hearing.
Also.
The reason why he wanted to ask the plaintiff...
The main thing is to be afraid.
Since the case of Lawyer Zhang Kuang last time, he has become much more cautious now.
If the plaintiff has Qin Mu involved...
The risk of his defense will undoubtedly be much greater.
The last time I defended Zhang Kuang, I almost sent him away.
For your own safety...
He intends to avoid cases related to Qin Mu as much as possible.
"To be honest, the person who sued me...is my mother."
Jiang Daping gave a wry smile.
Describe the recent events, their causes and consequences in detail.
Including the fact that Feng Cuihua lived in a nursing home but had no money to pay for the pension, so she called him.
"Nursing home?"
Zhang Wei's pupils shrank, and his body trembled involuntarily.
Then he asked, "Do you know the name of this nursing home? And Qin Mu, do you know him?"
Been through so many cases.
Whenever he sees a nursing home now, he can't help but think of Qin Mu.
Qin Mu...
It was working in a nursing home.
The relationship with a group of old people is very good.
"I... I don't know, I just know that my mother has found a nursing home for the past few years, and Qin Mu... I don't know either."
Jiang Daping was confused, shook his head and said.
He never cared about his mother.
It doesn't even matter which nursing home she chooses.
As for Qin Mu that Zhang Wei mentioned...
It was also the first time he heard of it, and he didn't know it before.
"do not know?"
Zhang Wei froze for a moment, then took a deep look at Jiang Daping.
It was found that Jiang Daping's expression did not seem to be fake.
It seemed that he really didn't know Qin Mu.
"Should I...should know him?"
Jiang Daping raised his head and asked suspiciously.
The corners of Zhang Wei's mouth twitched, and he said quietly, "Actually, it's a good thing for you not to know him."
People who know Qin Mu...
Most of them suffered from Qin Mu's "torture".
Practitioners belonging to those industries.
Especially the pharmaceutical industry, which has been in the limelight recently.
Now when I hear about cleaning in the pharmaceutical industry, I can recognize Qin Mu immediately.
It can be seen how much impact Qin Mu had on them.
"But you don't even know which nursing home your mother lives in, so that's a bit too much."
Then go on.
Zhang Wei looked at Jiang Daping, and couldn't help but say something again.
Jiang Daping looks to be in his 50s.
His mother was also at least 70 years old.
An old man at such an age...
It is indeed too much for children to not know which nursing home they live in.
"I... I, I... You don't know, my mother said before that we don't need to raise it, and we are busy with work, so I don't care much..."
Jiang Daping blushed and couldn't help but argue.
their housework...
He never talked about it with outsiders.
It is the fear of being despised and looked down upon by others.
This time...
If it wasn't for the case being laid, he wouldn't have told Zhang Wei the whole story.
"Okay, now let me tell you more about the situation between you and your mother."
Zhang Wei nodded, and said seriously: "Try not to conceal or omit, so that I can give the most suitable advice."
Jiang Daping found him to consult about the situation of the case.
In fact.
When many people receive a subpoena, they will immediately consult a lawyer for advice on how to deal with it.
Some subpoenas are civil lawsuits.
As long as the civil conflict between the two parties is resolved, there is actually no need for a court session.
But Jiang Daping's subpoena...
It belongs to criminal private prosecution.
The nature of the case is quite different.
"It's like this. There are four brothers in my family, but when I was young, my mother was very partial and loved the fourth brother very much..."
Jiang Daping pursed his lips, and slowly talked about the family affairs.
in his description.
Their family used to be quite harmonious.
Except that the mother has always favored the fourth child, the brothers will help when they encounter problems.
until……
His father passed away and left the inheritance to his mother.
Coincidentally.
They have all separated and gone their separate ways.
During that time, I continued to spend money.
They all want to take their mothers to their families for support, and at the same time, they also ask for some financial support from their mothers.
but……
Their mother, however, said that she would use the money for the elderly to prevent them from being unfilial in the future.
that's it.
The four families had a quarrel because of this inheritance.
At last.
Several families refused to take care of their mother, and the mother spent the money in a rage and went to a nursing home.
Past contradictions continue to accumulate.
Up to now, the four families have never been in touch with each other.
"That is to say, in the past few years...you don't have a family, and you have fulfilled your duty to support your mother?"
After hearing this, Zhang Wei couldn't help asking back.
Jiang Daping suddenly became unhappy, and explained to himself: "How can this be called failure to fulfill the obligation of support? If my mother said that we don't want us to support it, would we not support it?"
"It's obvious that she made this house like this herself."
"Even her fourth son, who loves her the most, doesn't talk to her now, which shows how heartbreaking her actions were at that time."
"You can't blame us for this, can you?"
Dissatisfaction was written all over his face.
from start to finish.
It didn't feel like it was his fault.
But Zhang Wei took a deep breath.
Seriously said: "The support obligation cannot be refused just because the other party verbally claims that you don't need support."
"Your behavior is indeed suspected of abandonment."
"But this alone is not enough to constitute the crime of abandonment. Think about it again, is there anything missing?"
He is good at reducing sentences in criminal law.
In-depth research on various types of criminal law.
The crime of abandonment requires serious circumstances to be constituted.
Ordinary abandonment behaviors did not cause serious consequences, and no insults, beatings, abandonment, etc., were considered serious.
At most, they are warned and educated by relevant departments and ordered to make corrections.
It will not rise to the criminal level.
"Missing something?"
Jiang Daping looked at Zhang Wei's serious appearance, and turned his head to think about it.
Then he smiled wryly and said: "The year before last, during Chinese New Year, my mother came to my house and brought some local products from the countryside, but my wife disliked her for being dirty, so she kicked her out of the house and stayed outside for a night."
"I didn't see her the next day."
"I heard from a neighbor that she fainted and was sent to the hospital by kind people. Does that count?"
Done.
He looked at Zhang Wei nervously, with a bit of anxiety on his face.
Zhang Wei's face turned dark, and he asked in confusion, "Are you sure... this is your mother?"
From Jiang Daping's description.
His blood pressure went up a lot.
An old man over seventy years old.
During the Chinese New Year, I was kicked out of the house and not allowed to live at home.
It was the kind of thing that his own son and daughter-in-law did.
It is not an exaggeration to say that it was struck by lightning.
No matter how much mother goes too far, she won't be kicked out of the house.
"I can't help it. My wife's temper is a bit explosive, and my mother has always had conflicts with mother-in-law and daughter-in-law. In fact, I want to take her in..."
Jiang Daping also knew he was wrong, so he argued in a low voice.
The corners of Zhang Wei's mouth twitched.
Subsequently.
Asked about some other plots.
Probably learned the ins and outs of the incident.
"Lawyer Zhang, I heard people say that you are very good at criminal cases, especially helping the defendant defend. What should I do with this case now?"
Jiang Daping raised his head and looked at Zhang Wei eagerly.
I look forward to Zhang Wei being able to point out a clear path for him from a professional perspective.
After receiving the subpoena.
He didn't fall asleep all night, and when he closed his eyes, he would think of this case.
This is a criminal case.
If one fails, he will really go to jail!
"This is a private prosecution case. I personally suggest... You'd better find the plaintiff first, see if you can admit your mistake and communicate, and try to get the other party to withdraw the lawsuit."
Zhang Wei paused and suggested.
Private prosecution of criminal cases is different from public prosecution.
The plaintiff in the private prosecution case...
have the right to dismiss the lawsuit.
In public prosecution cases, the procuratorate needs to take the initiative to withdraw the prosecution, which is usually impossible.
But his voice fell.
Jiang Daping's eyes widened, and he couldn't help raising his eyebrows: "Ask her to admit your mistake?"
His expression was full of reluctance.
"Yes, this is the most effective way. As long as the plaintiff voluntarily withdraws the lawsuit, there is no need to open the case."
Zhang Wei nodded, and said again: "Actually, there is no overnight feud between mother and child. As long as you admit your mistake, I believe your mother will forgive you."
Even if you don't forgive...
At least it won't go to court.
A very important feature of a private prosecution case is that it violates the rights and interests of the parties concerned.
For example, crimes of insult, defamation, and embezzlement are typical private prosecution criminal cases.
They violate the rights of the parties involved.
but……
As long as the party believes that the other party has not infringed and withdraws the prosecution, the court will no longer need to hear the case.
"But... she made it clear that she was asking me for money..."
Jiang Daping gritted his teeth, still a little unwilling.
Zhang Wei frowned.
He said coldly: "Supporting parents, paying some money, is it right?"
I communicated with Jiang Daping here.
He felt more and more that Jiang Daping was not worthy of sympathy.
Not to mention those behaviors towards the mother.
Now that the catastrophe is imminent, he still refuses to bear the alimony. He is really a son of man.
"But it's impossible for me to go out alone?"
Jiang Daping was full of grievances, and shouted: "Our four brothers, why should I come out alone?"
The corners of Zhang Wei's mouth twitched.
No more talking.
Seeing that he was silent, Jiang Daping couldn't help asking: "Lawyer Zhang, besides this, is there any good way?"
Zhang Wei looked at him deeply.
He said lightly: "If the other party doesn't withdraw the lawsuit, then we can only go to court."
"This is a criminal case, and you should know the consequences of failure."
"If your defense lawyer fails to help you win the case, then you may be held criminally liable and go to jail."
He explained to Jiang Daping the extent of the benefits of the lawsuit in detail.
If you lose the case, you will go to jail.
If you win, you also need to pay alimony.
Rather than that, it is better to apologize early and ask for forgiveness.
"I... I, let me think about it again."
After hearing this, Jiang Daping turned pale.
His expression was very depressed.
Obviously.
He was not very satisfied with the solution provided by Zhang Wei.
he came here...
I just want to get a solution that does not require alimony or criminal responsibility.
But the ability of the lawyer in front of him seems a bit exaggerated.
"Do it yourself."
Zhang Wei nodded.
waved.
Ended Jiang Daping's legal consulting business.
……
in the afternoon.
Legal Pioneer Firm.
Zhang Wei finished his lunch.
Sitting in the office again.
Continue calling.
Since the expansion of the law firm, his income has doubled.
But also more busy.
Good thing...
The problems encountered by these clients who come for legal consultation are relatively simple.
It's not troublesome.
He doesn't need to bother too much.
Such strange people as Jiang Daping, who would rather go to court than reconcile, are in the minority after all.
"next."
After settling several legal inquiries.
He stretched.
Shout out to the next consulting client.
"Lawyer Zhang, hello, what I want to ask is... What should I do if I receive a criminal summons from the court?"
A middle-aged man in his forties walked in and asked a question nervously.
Zhang Wei raised his head.
Looking at the middle-aged man in front of me, I always feel that this question seems familiar.
But he still explained patiently: "It mainly depends on the type of criminal case. If it is a public prosecution, it is estimated that he received a summons from the court in the detention center."
In public prosecution of criminal cases, the criminal investigation agency has usually ascertained the evidence and confirmed that it is correct.
Such defendants...
They are all being held in a detention center, awaiting trial.
"I... I received it at home."
The middle-aged man swallowed when he heard the words.
"That should be a private prosecution case."
Zhang Wei nodded, and continued: "The types of private prosecution cases mainly include general injury crimes, insult crimes, defamation crimes, embezzlement crimes, crimes of violent interference with freedom of marriage, crimes of bigamy, crimes of destroying military marriages, crimes of abuse, etc."
Speaking of it.
He paused for a moment, and then asked, "Why... did you receive the summons?"
this year.
In fact, there are many private prosecution cases.
but……
The case he has been in contact with the most is undoubtedly the crime of defamation.
That time Qin Mu's actions attracted more than 3000 defamation defendants, and the scene was very spectacular.
"My... seems to be the crime of abandonment."
The middle-aged man smiled wryly and said in a low voice.
Zhang Wei was taken aback again.
This scene……
The more he thought about it, the more familiar it became.
In the morning, it seems to have happened.
"Abandonment?"
He frowned, and asked again: "Have you brought the summons? There is also a copy of the indictment."
The customer's statement is not very clear.
As long as he has a subpoena and a copy of the complaint, he can clearly know the cause of the case.
however……
The middle-aged customer was full of surprise, and asked in puzzlement: "Do you need to use these things? I was so angry that I tore them up."
Zhang Wei: "..."
heard here.
He already had a rough guess.
"The person who sued you...is your mother?"
He thought for a while, then confirmed.
"Yes, yes, it's her. I haven't said it yet. How do you know Lawyer Zhang?"
The middle-aged man trembled, showing disbelief.
The corners of Zhang Wei's mouth twitched, and he said quietly, "I also know that you have four brothers."
The voice fell.
The middle-aged man's expression brightened, and he said excitedly: "That's right, she directly sued our four brothers this time!"
"I also know that your mother sued you for failing to bear the responsibility of support, and requested that each of you be sentenced to three years in prison."
Zhang Wei continued with a dark face.
The voice fell.
The middle-aged man couldn't help but gasped.
He looked at Zhang Wei in shock.
It's like looking at a peerless expert.
He is Jiang Erping.
At the suggestion of my son, I came to Zhang Wei Law Firm.
According to my son, this lawyer has a very high standard.
But after a short contact.
He suddenly found out.
This lawyer's level is not only high, he can pinch and count.
Before he opened his mouth, he explained clearly the reason for his visit and the facts of the case.
Even they have four brothers, and the three-year sentencing is clearly stated in the summons!
This is beyond the scope of lawyers.
unknown……
I thought Zhang Wei was a master fortune teller.
And Zhang Wei looked at Jiang Erping speechlessly.
From the other party's reaction, he could already confirm his guess.
Not surprisingly.
The person in front of him should be the brother of Jiang Daping from the morning.
The same was sued by the mother.
result……
The brothers, who hadn't had much contact with each other, came to his law firm one after another.
Consultation is the same thing.
Even the subpoena and the indictment have the same destination.
One is thrown in the trash.
One is directly torn.
The court would be outraged if it found out.
"Lawyer Zhang, what I want to ask is, what should I do now after receiving the subpoena? Is it a lawsuit?"
Jiang Erping looked at Zhang Wei respectfully, and asked again.
Zhang Wei's face darkened.
He repeated what he said to Jiang Daping before.
"This case is a private prosecution. The best way is to find the parties and withdraw the lawsuit."
This is the perfect way.
Once the lawsuit is withdrawn, the case does not have to be heard.
only……
Jiang Erping heard the words, but sighed: "Lawyer Zhang, you don't know. My mother wanted to blackmail our brothers this time because she had no money. My eldest brother and two younger brothers didn't give any money. I can't even give you money."
"It's impossible to ask her to apologize."
When he said this, his attitude was very firm.
"Blackmail?"
Zhang Wei heard a new vocabulary, and almost laughed angrily: "The old man is over 70, so alimony is not too much, right? Can this be considered blackmail?"
If it weren't for the lawyer's ethics that made him restrain, he would now want to scold the nose of the client in front of him.
for several years.
Has not fulfilled the duty of support.
Not a penny was given.
The old mother in her 70s asked him for money, and she could still say such things as blackmail.
"Lawyer Zhang, you may not be clear about my family's affairs."
Jiang Erping sighed again, as if the situation in my family was very complicated.
Zhang Wei saw this.
But he couldn't help sneering: "You have four brothers, and your mother has favored the fourth since childhood, which makes the three of you a bit unbalanced."
"After the old father passed away, the inheritance was left to the mother. You are all interested in this money and want to fight for the maintenance rights of the mother."
"As a result, your mother refused to give you the money, so you turned against each other and gradually became estranged. In the end, no one was willing to support you."
"In the past few years, I have never given a penny, never accompanied me for a day, never made a phone call on my own initiative, and no one even went to the surgery..."
"To be honest, your behavior has reached the standard of serious circumstances and constitutes the crime of abandonment."
"The sentence of three years in prison is not unjust at all."
In front of Jiang Erping.
He accused Jiang Daping word by word.
as a bystander.
He had a trace of grief and indignation.
The education of the elderly has indeed failed, and there are so many sons.
There is no difference between raising and not raising.
And Jiang Erping's eyes widened when he heard Zhang Wei's words.
I can't help but doubt my life.
At the same time, his face was flushed, and he stammered and asked, "You... how do you know about my family?"
These things.
No one knows except their family members.
This is no longer something you can pinch and forget.
He even suspected that Zhang Wei was his father's illegitimate child.
Otherwise, how could he know so many things about the Jiang family.
"Don't worry about how I know, as a lawyer, I will point out two ways for you."
Zhang Wei took a deep breath and said seriously: "Either apologize, reconcile, or go to court, file a lawsuit, lose the case..."
He analyzed the pros and cons again.
At this point in the case, as long as the other party has conclusive evidence, it is very likely to lose the case.
The consequences of losing the lawsuit are extremely serious.
And Jiang Erping listened.
His face was pale, and he stared at Zhang Wei closely.
Asked: "If... If lawyer Zhang defends me, can I win the case?"
But Zhang Wei shook his head and said flatly, "Sorry, I won't take this case."
Jiang Erping swallowed his saliva.
Quickly said: "Attorney's fee is not a problem, you can speak up, Lawyer Zhang."
According to the son said.
Zhang Wei is the best lawyer in Jincheng, and his defense level is very high.
Coupled with the fact that he knew his case like the back of his hand, it gave him a sense of mystery.
He very much hoped that Zhang Wei would take over his case.
but……
Zhang Wei shook his head: "It's not about money, this kind of case... I don't want to take it."
now.
His law firm is getting bigger and bigger, and the business is getting better and better.
But he still hasn't forgotten his original intention.
As a lawyer, I certainly want to make money, but some cases...
Has violated his bottom line.
For example, this kind of case of abandoning human relations and ignoring filial piety.
He didn't want to take it.
Although this case has nothing to do with Qin Mu and there is no risk of defense, he still does not want to defend Jiang Erping.
"Lawyer Zhang, 3 yuan, as long as you help me win this lawsuit, I will give you [-] yuan!"
Jiang Erping gritted his teeth, still unwilling to give up.
Several black lines appeared on Zhang Wei's forehead.
He said coldly: "Sorry, your consultation time is over here, don't delay the time of the next client."
talking.
Forcibly sent Jiang Erping out.
Subsequently.
He took a deep breath to calm himself down.
Continue to provide legal advice to other clients.
however……
after an hour.
He met another client who made an appointment, a middle-aged man in his 40s.
As soon as you walk in the door.
Then he consulted seriously: "Lawyer Zhang, I just received a summons from the court yesterday, asking me to start a court session in seven days. I would like to ask... What should I do if I encounter this kind of thing?"
Hearing this, Zhang Wei couldn't help but shiver.
Looked up.
He carefully looked at the person in front of him.
Cautiously asked: "You...wouldn't have been prosecuted for the crime of abandonment?"
(End of this chapter)
People who only have a family relationship...
have the qualifications to prosecute the crime of abandonment.
Obviously.
According to the current situation, Jiang Daping in front of him has abandoned behavior, or is suspected of abandoning behavior.
Otherwise, the court will not grant a hearing.
Also.
The reason why he wanted to ask the plaintiff...
The main thing is to be afraid.
Since the case of Lawyer Zhang Kuang last time, he has become much more cautious now.
If the plaintiff has Qin Mu involved...
The risk of his defense will undoubtedly be much greater.
The last time I defended Zhang Kuang, I almost sent him away.
For your own safety...
He intends to avoid cases related to Qin Mu as much as possible.
"To be honest, the person who sued me...is my mother."
Jiang Daping gave a wry smile.
Describe the recent events, their causes and consequences in detail.
Including the fact that Feng Cuihua lived in a nursing home but had no money to pay for the pension, so she called him.
"Nursing home?"
Zhang Wei's pupils shrank, and his body trembled involuntarily.
Then he asked, "Do you know the name of this nursing home? And Qin Mu, do you know him?"
Been through so many cases.
Whenever he sees a nursing home now, he can't help but think of Qin Mu.
Qin Mu...
It was working in a nursing home.
The relationship with a group of old people is very good.
"I... I don't know, I just know that my mother has found a nursing home for the past few years, and Qin Mu... I don't know either."
Jiang Daping was confused, shook his head and said.
He never cared about his mother.
It doesn't even matter which nursing home she chooses.
As for Qin Mu that Zhang Wei mentioned...
It was also the first time he heard of it, and he didn't know it before.
"do not know?"
Zhang Wei froze for a moment, then took a deep look at Jiang Daping.
It was found that Jiang Daping's expression did not seem to be fake.
It seemed that he really didn't know Qin Mu.
"Should I...should know him?"
Jiang Daping raised his head and asked suspiciously.
The corners of Zhang Wei's mouth twitched, and he said quietly, "Actually, it's a good thing for you not to know him."
People who know Qin Mu...
Most of them suffered from Qin Mu's "torture".
Practitioners belonging to those industries.
Especially the pharmaceutical industry, which has been in the limelight recently.
Now when I hear about cleaning in the pharmaceutical industry, I can recognize Qin Mu immediately.
It can be seen how much impact Qin Mu had on them.
"But you don't even know which nursing home your mother lives in, so that's a bit too much."
Then go on.
Zhang Wei looked at Jiang Daping, and couldn't help but say something again.
Jiang Daping looks to be in his 50s.
His mother was also at least 70 years old.
An old man at such an age...
It is indeed too much for children to not know which nursing home they live in.
"I... I, I... You don't know, my mother said before that we don't need to raise it, and we are busy with work, so I don't care much..."
Jiang Daping blushed and couldn't help but argue.
their housework...
He never talked about it with outsiders.
It is the fear of being despised and looked down upon by others.
This time...
If it wasn't for the case being laid, he wouldn't have told Zhang Wei the whole story.
"Okay, now let me tell you more about the situation between you and your mother."
Zhang Wei nodded, and said seriously: "Try not to conceal or omit, so that I can give the most suitable advice."
Jiang Daping found him to consult about the situation of the case.
In fact.
When many people receive a subpoena, they will immediately consult a lawyer for advice on how to deal with it.
Some subpoenas are civil lawsuits.
As long as the civil conflict between the two parties is resolved, there is actually no need for a court session.
But Jiang Daping's subpoena...
It belongs to criminal private prosecution.
The nature of the case is quite different.
"It's like this. There are four brothers in my family, but when I was young, my mother was very partial and loved the fourth brother very much..."
Jiang Daping pursed his lips, and slowly talked about the family affairs.
in his description.
Their family used to be quite harmonious.
Except that the mother has always favored the fourth child, the brothers will help when they encounter problems.
until……
His father passed away and left the inheritance to his mother.
Coincidentally.
They have all separated and gone their separate ways.
During that time, I continued to spend money.
They all want to take their mothers to their families for support, and at the same time, they also ask for some financial support from their mothers.
but……
Their mother, however, said that she would use the money for the elderly to prevent them from being unfilial in the future.
that's it.
The four families had a quarrel because of this inheritance.
At last.
Several families refused to take care of their mother, and the mother spent the money in a rage and went to a nursing home.
Past contradictions continue to accumulate.
Up to now, the four families have never been in touch with each other.
"That is to say, in the past few years...you don't have a family, and you have fulfilled your duty to support your mother?"
After hearing this, Zhang Wei couldn't help asking back.
Jiang Daping suddenly became unhappy, and explained to himself: "How can this be called failure to fulfill the obligation of support? If my mother said that we don't want us to support it, would we not support it?"
"It's obvious that she made this house like this herself."
"Even her fourth son, who loves her the most, doesn't talk to her now, which shows how heartbreaking her actions were at that time."
"You can't blame us for this, can you?"
Dissatisfaction was written all over his face.
from start to finish.
It didn't feel like it was his fault.
But Zhang Wei took a deep breath.
Seriously said: "The support obligation cannot be refused just because the other party verbally claims that you don't need support."
"Your behavior is indeed suspected of abandonment."
"But this alone is not enough to constitute the crime of abandonment. Think about it again, is there anything missing?"
He is good at reducing sentences in criminal law.
In-depth research on various types of criminal law.
The crime of abandonment requires serious circumstances to be constituted.
Ordinary abandonment behaviors did not cause serious consequences, and no insults, beatings, abandonment, etc., were considered serious.
At most, they are warned and educated by relevant departments and ordered to make corrections.
It will not rise to the criminal level.
"Missing something?"
Jiang Daping looked at Zhang Wei's serious appearance, and turned his head to think about it.
Then he smiled wryly and said: "The year before last, during Chinese New Year, my mother came to my house and brought some local products from the countryside, but my wife disliked her for being dirty, so she kicked her out of the house and stayed outside for a night."
"I didn't see her the next day."
"I heard from a neighbor that she fainted and was sent to the hospital by kind people. Does that count?"
Done.
He looked at Zhang Wei nervously, with a bit of anxiety on his face.
Zhang Wei's face turned dark, and he asked in confusion, "Are you sure... this is your mother?"
From Jiang Daping's description.
His blood pressure went up a lot.
An old man over seventy years old.
During the Chinese New Year, I was kicked out of the house and not allowed to live at home.
It was the kind of thing that his own son and daughter-in-law did.
It is not an exaggeration to say that it was struck by lightning.
No matter how much mother goes too far, she won't be kicked out of the house.
"I can't help it. My wife's temper is a bit explosive, and my mother has always had conflicts with mother-in-law and daughter-in-law. In fact, I want to take her in..."
Jiang Daping also knew he was wrong, so he argued in a low voice.
The corners of Zhang Wei's mouth twitched.
Subsequently.
Asked about some other plots.
Probably learned the ins and outs of the incident.
"Lawyer Zhang, I heard people say that you are very good at criminal cases, especially helping the defendant defend. What should I do with this case now?"
Jiang Daping raised his head and looked at Zhang Wei eagerly.
I look forward to Zhang Wei being able to point out a clear path for him from a professional perspective.
After receiving the subpoena.
He didn't fall asleep all night, and when he closed his eyes, he would think of this case.
This is a criminal case.
If one fails, he will really go to jail!
"This is a private prosecution case. I personally suggest... You'd better find the plaintiff first, see if you can admit your mistake and communicate, and try to get the other party to withdraw the lawsuit."
Zhang Wei paused and suggested.
Private prosecution of criminal cases is different from public prosecution.
The plaintiff in the private prosecution case...
have the right to dismiss the lawsuit.
In public prosecution cases, the procuratorate needs to take the initiative to withdraw the prosecution, which is usually impossible.
But his voice fell.
Jiang Daping's eyes widened, and he couldn't help raising his eyebrows: "Ask her to admit your mistake?"
His expression was full of reluctance.
"Yes, this is the most effective way. As long as the plaintiff voluntarily withdraws the lawsuit, there is no need to open the case."
Zhang Wei nodded, and said again: "Actually, there is no overnight feud between mother and child. As long as you admit your mistake, I believe your mother will forgive you."
Even if you don't forgive...
At least it won't go to court.
A very important feature of a private prosecution case is that it violates the rights and interests of the parties concerned.
For example, crimes of insult, defamation, and embezzlement are typical private prosecution criminal cases.
They violate the rights of the parties involved.
but……
As long as the party believes that the other party has not infringed and withdraws the prosecution, the court will no longer need to hear the case.
"But... she made it clear that she was asking me for money..."
Jiang Daping gritted his teeth, still a little unwilling.
Zhang Wei frowned.
He said coldly: "Supporting parents, paying some money, is it right?"
I communicated with Jiang Daping here.
He felt more and more that Jiang Daping was not worthy of sympathy.
Not to mention those behaviors towards the mother.
Now that the catastrophe is imminent, he still refuses to bear the alimony. He is really a son of man.
"But it's impossible for me to go out alone?"
Jiang Daping was full of grievances, and shouted: "Our four brothers, why should I come out alone?"
The corners of Zhang Wei's mouth twitched.
No more talking.
Seeing that he was silent, Jiang Daping couldn't help asking: "Lawyer Zhang, besides this, is there any good way?"
Zhang Wei looked at him deeply.
He said lightly: "If the other party doesn't withdraw the lawsuit, then we can only go to court."
"This is a criminal case, and you should know the consequences of failure."
"If your defense lawyer fails to help you win the case, then you may be held criminally liable and go to jail."
He explained to Jiang Daping the extent of the benefits of the lawsuit in detail.
If you lose the case, you will go to jail.
If you win, you also need to pay alimony.
Rather than that, it is better to apologize early and ask for forgiveness.
"I... I, let me think about it again."
After hearing this, Jiang Daping turned pale.
His expression was very depressed.
Obviously.
He was not very satisfied with the solution provided by Zhang Wei.
he came here...
I just want to get a solution that does not require alimony or criminal responsibility.
But the ability of the lawyer in front of him seems a bit exaggerated.
"Do it yourself."
Zhang Wei nodded.
waved.
Ended Jiang Daping's legal consulting business.
……
in the afternoon.
Legal Pioneer Firm.
Zhang Wei finished his lunch.
Sitting in the office again.
Continue calling.
Since the expansion of the law firm, his income has doubled.
But also more busy.
Good thing...
The problems encountered by these clients who come for legal consultation are relatively simple.
It's not troublesome.
He doesn't need to bother too much.
Such strange people as Jiang Daping, who would rather go to court than reconcile, are in the minority after all.
"next."
After settling several legal inquiries.
He stretched.
Shout out to the next consulting client.
"Lawyer Zhang, hello, what I want to ask is... What should I do if I receive a criminal summons from the court?"
A middle-aged man in his forties walked in and asked a question nervously.
Zhang Wei raised his head.
Looking at the middle-aged man in front of me, I always feel that this question seems familiar.
But he still explained patiently: "It mainly depends on the type of criminal case. If it is a public prosecution, it is estimated that he received a summons from the court in the detention center."
In public prosecution of criminal cases, the criminal investigation agency has usually ascertained the evidence and confirmed that it is correct.
Such defendants...
They are all being held in a detention center, awaiting trial.
"I... I received it at home."
The middle-aged man swallowed when he heard the words.
"That should be a private prosecution case."
Zhang Wei nodded, and continued: "The types of private prosecution cases mainly include general injury crimes, insult crimes, defamation crimes, embezzlement crimes, crimes of violent interference with freedom of marriage, crimes of bigamy, crimes of destroying military marriages, crimes of abuse, etc."
Speaking of it.
He paused for a moment, and then asked, "Why... did you receive the summons?"
this year.
In fact, there are many private prosecution cases.
but……
The case he has been in contact with the most is undoubtedly the crime of defamation.
That time Qin Mu's actions attracted more than 3000 defamation defendants, and the scene was very spectacular.
"My... seems to be the crime of abandonment."
The middle-aged man smiled wryly and said in a low voice.
Zhang Wei was taken aback again.
This scene……
The more he thought about it, the more familiar it became.
In the morning, it seems to have happened.
"Abandonment?"
He frowned, and asked again: "Have you brought the summons? There is also a copy of the indictment."
The customer's statement is not very clear.
As long as he has a subpoena and a copy of the complaint, he can clearly know the cause of the case.
however……
The middle-aged customer was full of surprise, and asked in puzzlement: "Do you need to use these things? I was so angry that I tore them up."
Zhang Wei: "..."
heard here.
He already had a rough guess.
"The person who sued you...is your mother?"
He thought for a while, then confirmed.
"Yes, yes, it's her. I haven't said it yet. How do you know Lawyer Zhang?"
The middle-aged man trembled, showing disbelief.
The corners of Zhang Wei's mouth twitched, and he said quietly, "I also know that you have four brothers."
The voice fell.
The middle-aged man's expression brightened, and he said excitedly: "That's right, she directly sued our four brothers this time!"
"I also know that your mother sued you for failing to bear the responsibility of support, and requested that each of you be sentenced to three years in prison."
Zhang Wei continued with a dark face.
The voice fell.
The middle-aged man couldn't help but gasped.
He looked at Zhang Wei in shock.
It's like looking at a peerless expert.
He is Jiang Erping.
At the suggestion of my son, I came to Zhang Wei Law Firm.
According to my son, this lawyer has a very high standard.
But after a short contact.
He suddenly found out.
This lawyer's level is not only high, he can pinch and count.
Before he opened his mouth, he explained clearly the reason for his visit and the facts of the case.
Even they have four brothers, and the three-year sentencing is clearly stated in the summons!
This is beyond the scope of lawyers.
unknown……
I thought Zhang Wei was a master fortune teller.
And Zhang Wei looked at Jiang Erping speechlessly.
From the other party's reaction, he could already confirm his guess.
Not surprisingly.
The person in front of him should be the brother of Jiang Daping from the morning.
The same was sued by the mother.
result……
The brothers, who hadn't had much contact with each other, came to his law firm one after another.
Consultation is the same thing.
Even the subpoena and the indictment have the same destination.
One is thrown in the trash.
One is directly torn.
The court would be outraged if it found out.
"Lawyer Zhang, what I want to ask is, what should I do now after receiving the subpoena? Is it a lawsuit?"
Jiang Erping looked at Zhang Wei respectfully, and asked again.
Zhang Wei's face darkened.
He repeated what he said to Jiang Daping before.
"This case is a private prosecution. The best way is to find the parties and withdraw the lawsuit."
This is the perfect way.
Once the lawsuit is withdrawn, the case does not have to be heard.
only……
Jiang Erping heard the words, but sighed: "Lawyer Zhang, you don't know. My mother wanted to blackmail our brothers this time because she had no money. My eldest brother and two younger brothers didn't give any money. I can't even give you money."
"It's impossible to ask her to apologize."
When he said this, his attitude was very firm.
"Blackmail?"
Zhang Wei heard a new vocabulary, and almost laughed angrily: "The old man is over 70, so alimony is not too much, right? Can this be considered blackmail?"
If it weren't for the lawyer's ethics that made him restrain, he would now want to scold the nose of the client in front of him.
for several years.
Has not fulfilled the duty of support.
Not a penny was given.
The old mother in her 70s asked him for money, and she could still say such things as blackmail.
"Lawyer Zhang, you may not be clear about my family's affairs."
Jiang Erping sighed again, as if the situation in my family was very complicated.
Zhang Wei saw this.
But he couldn't help sneering: "You have four brothers, and your mother has favored the fourth since childhood, which makes the three of you a bit unbalanced."
"After the old father passed away, the inheritance was left to the mother. You are all interested in this money and want to fight for the maintenance rights of the mother."
"As a result, your mother refused to give you the money, so you turned against each other and gradually became estranged. In the end, no one was willing to support you."
"In the past few years, I have never given a penny, never accompanied me for a day, never made a phone call on my own initiative, and no one even went to the surgery..."
"To be honest, your behavior has reached the standard of serious circumstances and constitutes the crime of abandonment."
"The sentence of three years in prison is not unjust at all."
In front of Jiang Erping.
He accused Jiang Daping word by word.
as a bystander.
He had a trace of grief and indignation.
The education of the elderly has indeed failed, and there are so many sons.
There is no difference between raising and not raising.
And Jiang Erping's eyes widened when he heard Zhang Wei's words.
I can't help but doubt my life.
At the same time, his face was flushed, and he stammered and asked, "You... how do you know about my family?"
These things.
No one knows except their family members.
This is no longer something you can pinch and forget.
He even suspected that Zhang Wei was his father's illegitimate child.
Otherwise, how could he know so many things about the Jiang family.
"Don't worry about how I know, as a lawyer, I will point out two ways for you."
Zhang Wei took a deep breath and said seriously: "Either apologize, reconcile, or go to court, file a lawsuit, lose the case..."
He analyzed the pros and cons again.
At this point in the case, as long as the other party has conclusive evidence, it is very likely to lose the case.
The consequences of losing the lawsuit are extremely serious.
And Jiang Erping listened.
His face was pale, and he stared at Zhang Wei closely.
Asked: "If... If lawyer Zhang defends me, can I win the case?"
But Zhang Wei shook his head and said flatly, "Sorry, I won't take this case."
Jiang Erping swallowed his saliva.
Quickly said: "Attorney's fee is not a problem, you can speak up, Lawyer Zhang."
According to the son said.
Zhang Wei is the best lawyer in Jincheng, and his defense level is very high.
Coupled with the fact that he knew his case like the back of his hand, it gave him a sense of mystery.
He very much hoped that Zhang Wei would take over his case.
but……
Zhang Wei shook his head: "It's not about money, this kind of case... I don't want to take it."
now.
His law firm is getting bigger and bigger, and the business is getting better and better.
But he still hasn't forgotten his original intention.
As a lawyer, I certainly want to make money, but some cases...
Has violated his bottom line.
For example, this kind of case of abandoning human relations and ignoring filial piety.
He didn't want to take it.
Although this case has nothing to do with Qin Mu and there is no risk of defense, he still does not want to defend Jiang Erping.
"Lawyer Zhang, 3 yuan, as long as you help me win this lawsuit, I will give you [-] yuan!"
Jiang Erping gritted his teeth, still unwilling to give up.
Several black lines appeared on Zhang Wei's forehead.
He said coldly: "Sorry, your consultation time is over here, don't delay the time of the next client."
talking.
Forcibly sent Jiang Erping out.
Subsequently.
He took a deep breath to calm himself down.
Continue to provide legal advice to other clients.
however……
after an hour.
He met another client who made an appointment, a middle-aged man in his 40s.
As soon as you walk in the door.
Then he consulted seriously: "Lawyer Zhang, I just received a summons from the court yesterday, asking me to start a court session in seven days. I would like to ask... What should I do if I encounter this kind of thing?"
Hearing this, Zhang Wei couldn't help but shiver.
Looked up.
He carefully looked at the person in front of him.
Cautiously asked: "You...wouldn't have been prosecuted for the crime of abandonment?"
(End of this chapter)
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