The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 322 No accidents, be careful!
The prosecutors were the first to stand up.
Quoting from the classics.
Described the relevant criminal law statutes.
among them.
The focus is naturally on the constitution of the crime of defamation and the crime of picking quarrels and provoking trouble.In the former, not all the defendants constituted the crime of defamation.
But the latter.
But enough to cover every defendant.
They all took part in the troubles on the Internet, using excuses to accuse, abuse, and maliciously guide Zhou Xiaoqing.
In the end it led to serious consequences.
"According to our country's criminal law, the actions of Gu Hongda, Bao Feiwen and others meet the elements of the crime of picking quarrels and provoking trouble, and should be punished according to law." The public prosecutor stared at Gu Hongda and others in the dock, and said righteously.
Gu Hongda et al.
Keep your head down all the time.
Don't dare to look directly at each other.
I had to look at the lawyer next to me again, hoping that the lawyer could help them get rid of the crime.
"Here, I would like to remind the other party's prosecutor."
The lawyer didn't back down either, and stood up right after him: "According to the criminal law, this crime objectively manifests itself in acts of causing trouble out of nothing, making trouble, making trouble for no reason, beating and hurting innocent people, wantonly provoking, rampaging, and disrupting public order. "
"Our client is not deliberately provoking trouble, making trouble for no reason."
"As I said before, it was because of a "misunderstanding," that our client picked up troubles on the Internet and made accusations against the "Zhou Xiaoqing" account."
"In terms of objective composition, our party should be inconsistent."
"This behavior should not be judged as the crime of picking quarrels and provoking trouble!"
in this link.
He reorganized his thinking and launched a counterattack again.
Every criminal charge has a subjective and objective composition.
But he started from the subjective constitution, trying to judge the behavior of his own party as a general illegal behavior, and get rid of the judgment of the crime of picking quarrels and provoking trouble!
"We are also very saddened by the suicide of the little girl Zhou Xiaoqing."
Then go on.
He raised his head and looked at Zhou Zhen and his wife next to the public prosecutor's seat.
He said very sincerely: "More than 400 parties on our side have expressed their views, and everyone is willing to spend some money to compensate them for their irrational behavior on the Internet."
"I hope I can do my best for Zhou Xiaoqing's treatment."
Done.
He took Gu Hongda, Bao Feiwen and others beside him, and bowed to Zhou Zhen and his wife.
Expressed sincere apologies.
However. He just finished speaking.
The voices of Zhou Zhen and Wang Xia rang out at the same time: "You are dreaming!"
"I'm telling you, we won't ask for a cent of your money!"
"We just need a fair trial according to the law, and we can do whatever we want!"
"Your money, we feel dirty holding it!"
The two also expressed their attitude immediately.
The attitude is very firm and completely non-negotiable.
Before the trial.
Their nephew Zhou Shaohui repeatedly told them that they must never agree to compensation.
They have always kept this in mind.
Although more than 400 people are willing to pay, even if each person contributes [-] to [-] yuan, it is an astronomical sum of money for them.
but.
They don't want to let this group of people get away with it!
Jincheng.
nursing home.
Zhang Qingyuan, Li Weiguo and others sat on small benches, watching the live broadcast attentively.
"No, why doesn't the little girl's parents want money? Isn't it right for the other party to lose money?"
"Don't want this money for nothing. If it were me, they would go to jail and lose money!"
"This
But it's a huge sum of money. Each person pays tens of thousands, which exceeds tens of millions. "
"Are these two people still angry and haven't recovered?"
"."
yard.
Everyone whispered to each other, their faces full of incomprehension.
They all felt that Zhou Zhen and his wife were fooled by anger.
I don't want the money delivered to my door.
"Ahem, this is a trap set by the other party's lawyer. This money... I really can't ask for it."
in the crowd.
Qin Mu couldn't help explaining.
The opposing lawyer's defense angle is very tricky.
Attempts to justify a criminal act as a general offense.
Simultaneously.
He also offered to offer compensation to the other party.
To know.
This incident is a criminal case of picking quarrels and provoking trouble, resulting in suicide.
But about suicide.
Strictly speaking, it has nothing to do with these netizens.
It wasn't that they pushed it down.
It belongs to Zhou Xiaoqing's dangerous self-inflicted behavior.
There is no need for them to pay for the consequences.
in other words.
Sentence may be imposed, but compensation is not required.
If they have made compensation, it means that Zhou Zhen and his wife believe that the behavior is not a crime, but an illegal behavior.
Only in this way……
Compensation for humanitarian and spiritual losses of others exists.
As long as the two of them accepted the compensation, it was equivalent to showing their understanding with actions.
The cyberbullying behavior of Gu Hongda and others
would not constitute a crime.
"Hiss!! So that's how it is?! Insidious! Too insidious!"
"To actually use this method to set the trap, this lawyer is really not a thing!"
"If it was me, I would have already collected the money, wouldn't I be fooled?"
"Fortunately, the confiscation of the money by these two people did not allow the lawyer's wife to succeed in her plan!"
"..."
After hearing Qin Mu's explanation, everyone couldn't help but gasped.
Dangerous in the dark.
Most people really don't understand this kind of thing.
The first reaction is to ask for compensation.
Never thought of the subsequent series of chain reactions.
"Then...if they don't want the money, will it be safe?" Li Weiguo couldn't help asking as he sat beside Qin Mu.
Qin Mu thought for a while and nodded.
indeed.
As long as the compensation is not paid, the constitution of the crime of picking quarrels and provoking trouble is basically fixed.
As the lawyer said.
The composition of picking quarrels and provoking troubles needs to meet the unity of subjectivity and objectivity.
Objectively, it is manifested as much ado about nothing, causing trouble, making unreasonable disturbances, beating and injuring innocent people, wantonly provoking, running amok, and disrupting public order.
The main behaviors are divided into four categories.
One is beating others at will, and the circumstances are bad.
Street fights and disturbances basically fall into this category.
The second is chasing, intercepting, and insulting others, and the circumstances are bad.
Refers to unhealthy motives such as seeking pleasure and seeking mental stimulation, chasing, blocking, insulting, and abusing others without reason.
There is no limitation of time and space.
On the Internet, it also constitutes picking quarrels and provoking trouble.
Zhou Xiaoqing's case clearly falls into this category.
In order to satisfy their own vanity and sense of superiority, the other party insults and abuses others online.
and caused.
The serious consequences of the other party's suicide fully meet the objective conditions.
The lawyer has always stressed that their actions were logical and empathetic, not unreasonable.
But this point of view.
In fact, it is untenable.
If they were sensible, they shouldn't have accused and criticized Zhou Xiaoqing again and again.
The third category is those who forcibly take or wantonly damage or occupy public and private property, and the circumstances are serious.
For example, someone deliberately broke the glass of a certain store.
He was prosecuted for the crime of vandalism, but because the value of the glass was less than 2000 yuan and did not meet the filing standards, he could not be prosecuted.
He can escape the crime of intentionally destroying property, but he cannot escape the crime of picking quarrels and provoking trouble.
this sin.
The bottom line is covered, and there is no mandatory requirement for value.
Just like this incident.
What does not constitute the crime of defamation can still constitute the crime of picking quarrels and provoking trouble!
The fourth type of behavior is causing disturbances in public places and causing serious disorder in public places.
This is basically the same as the troubles in ordinary people's conventional cognition.
"Objectively, they constituted insulting others, resulting in suicide consequences, and the circumstances were serious."
"Subjectively, they obviously did it on purpose."
"So they can't escape the crime of picking quarrels and provoking trouble."
Watching the live broadcast on the screen, Qin Mu concluded.
As long as no money is charged.
If the public prosecutor works harder, these people will have to be sentenced for the crime of picking quarrels and provoking trouble!
this sin.
The range of radiation is very wide.
Without any conditions, all participants will constitute this crime!"
That's good, I'm relieved, I'm afraid that the blood pressure will rise again. "
Li Weiguo breathed a sigh of relief after listening.Continue to focus on the live broadcast.
Watched carefully.
"Boom—"
in court.
The gavel sounded again, and the presiding judge stopped the emotional Zhou Zhen and his wife.
Shen Sheng said: "Please speak rationally in court and don't act aggressively."
A few words from the defendant's lawyer just now...
Zhou Zhen and his wife were almost blown away.
"Now the two sides continue to debate around the point of view."
Then go on.
He continued to promote the trial, and at the same time, together with other judges, analyzed the constitution of the law from the debates between the two sides.
as a member of the collegiate panel.
what they have to do...
It is to listen carefully to the various claims and evidences of both parties, and to make the most reasonable and fair trial.
In court, everyone has the right to speak and be heard.
And the prosecutor soon stood up again.
He began to lay out legal articles, explain legal principles, and vigorously prove the constitution of the crime of picking quarrels and provoking trouble.
Under a solid theory....
The defendant's lawyer's face became more and more ugly, and he retreated steadily.
period.
He expressed his apology several times and wanted to ask Zhou Zhen and his wife for their understanding.
But Zhou Zhen and his wife...
Oil and salt do not enter.Unmoved.
Make him completely helpless.
It can only be stubbornly resisting views such as "excusable" and "reasonable".
two hours later.
The presiding judge sounded the gavel again and said, "Now, temporarily adjourn the court for half an hour, and the judgment will be pronounced in half an hour!"
Done.
He led the full hearing members of the collegial panel and left the court.
Only a group of anxious defendants and Zhou Zhen and his wife were left.
"Xiao Qin, according to this trend, it should be stable, right?"
"It must be stable, and now it depends on how many years the other party will be sentenced."
"I always feel that it is not as exciting as before. Why don't these defendants do anything to resist? Lawyers don't have any brilliant operations."
"When I talk about this lawyer, I get angry. Lawyers really don't have many good things!"
"You can't say that, you can't
Killing everyone with one shot, there are still many lawyers with a conscience. "
"."
yard.
During recess.
Zhang Qingyuan and others stood up one after another and stretched their muscles.
After meeting this unlimited lawyer...
They missed Zhang Wei more and more.
At least Zhang Wei's defense will not be so bottomless.
After chatting for half an hour.screen.
All the members of the collegiate panel re-entered the courtroom, and the clerk said in a deep voice, "Now the verdict is pronounced, everyone stand up!"
Everyone in the court stood up.
And the yard.
Elderly people who have relieved their muscles and bones for a long time...
But they sat on the small benches one after another, listening to the verdict expectantly.
"After a four-hour trial, our court has found out the facts of the crimes committed by Gu Hongda, Bao Feiwen and other 419 people who were suspected of defamation, picking quarrels and provoking trouble. The facts of the case are beyond doubt and the evidence is clear."
"The following judgment is now made."
Quoting from the classics.
Described the relevant criminal law statutes.
among them.
The focus is naturally on the constitution of the crime of defamation and the crime of picking quarrels and provoking trouble.In the former, not all the defendants constituted the crime of defamation.
But the latter.
But enough to cover every defendant.
They all took part in the troubles on the Internet, using excuses to accuse, abuse, and maliciously guide Zhou Xiaoqing.
In the end it led to serious consequences.
"According to our country's criminal law, the actions of Gu Hongda, Bao Feiwen and others meet the elements of the crime of picking quarrels and provoking trouble, and should be punished according to law." The public prosecutor stared at Gu Hongda and others in the dock, and said righteously.
Gu Hongda et al.
Keep your head down all the time.
Don't dare to look directly at each other.
I had to look at the lawyer next to me again, hoping that the lawyer could help them get rid of the crime.
"Here, I would like to remind the other party's prosecutor."
The lawyer didn't back down either, and stood up right after him: "According to the criminal law, this crime objectively manifests itself in acts of causing trouble out of nothing, making trouble, making trouble for no reason, beating and hurting innocent people, wantonly provoking, rampaging, and disrupting public order. "
"Our client is not deliberately provoking trouble, making trouble for no reason."
"As I said before, it was because of a "misunderstanding," that our client picked up troubles on the Internet and made accusations against the "Zhou Xiaoqing" account."
"In terms of objective composition, our party should be inconsistent."
"This behavior should not be judged as the crime of picking quarrels and provoking trouble!"
in this link.
He reorganized his thinking and launched a counterattack again.
Every criminal charge has a subjective and objective composition.
But he started from the subjective constitution, trying to judge the behavior of his own party as a general illegal behavior, and get rid of the judgment of the crime of picking quarrels and provoking trouble!
"We are also very saddened by the suicide of the little girl Zhou Xiaoqing."
Then go on.
He raised his head and looked at Zhou Zhen and his wife next to the public prosecutor's seat.
He said very sincerely: "More than 400 parties on our side have expressed their views, and everyone is willing to spend some money to compensate them for their irrational behavior on the Internet."
"I hope I can do my best for Zhou Xiaoqing's treatment."
Done.
He took Gu Hongda, Bao Feiwen and others beside him, and bowed to Zhou Zhen and his wife.
Expressed sincere apologies.
However. He just finished speaking.
The voices of Zhou Zhen and Wang Xia rang out at the same time: "You are dreaming!"
"I'm telling you, we won't ask for a cent of your money!"
"We just need a fair trial according to the law, and we can do whatever we want!"
"Your money, we feel dirty holding it!"
The two also expressed their attitude immediately.
The attitude is very firm and completely non-negotiable.
Before the trial.
Their nephew Zhou Shaohui repeatedly told them that they must never agree to compensation.
They have always kept this in mind.
Although more than 400 people are willing to pay, even if each person contributes [-] to [-] yuan, it is an astronomical sum of money for them.
but.
They don't want to let this group of people get away with it!
Jincheng.
nursing home.
Zhang Qingyuan, Li Weiguo and others sat on small benches, watching the live broadcast attentively.
"No, why doesn't the little girl's parents want money? Isn't it right for the other party to lose money?"
"Don't want this money for nothing. If it were me, they would go to jail and lose money!"
"This
But it's a huge sum of money. Each person pays tens of thousands, which exceeds tens of millions. "
"Are these two people still angry and haven't recovered?"
"."
yard.
Everyone whispered to each other, their faces full of incomprehension.
They all felt that Zhou Zhen and his wife were fooled by anger.
I don't want the money delivered to my door.
"Ahem, this is a trap set by the other party's lawyer. This money... I really can't ask for it."
in the crowd.
Qin Mu couldn't help explaining.
The opposing lawyer's defense angle is very tricky.
Attempts to justify a criminal act as a general offense.
Simultaneously.
He also offered to offer compensation to the other party.
To know.
This incident is a criminal case of picking quarrels and provoking trouble, resulting in suicide.
But about suicide.
Strictly speaking, it has nothing to do with these netizens.
It wasn't that they pushed it down.
It belongs to Zhou Xiaoqing's dangerous self-inflicted behavior.
There is no need for them to pay for the consequences.
in other words.
Sentence may be imposed, but compensation is not required.
If they have made compensation, it means that Zhou Zhen and his wife believe that the behavior is not a crime, but an illegal behavior.
Only in this way……
Compensation for humanitarian and spiritual losses of others exists.
As long as the two of them accepted the compensation, it was equivalent to showing their understanding with actions.
The cyberbullying behavior of Gu Hongda and others
would not constitute a crime.
"Hiss!! So that's how it is?! Insidious! Too insidious!"
"To actually use this method to set the trap, this lawyer is really not a thing!"
"If it was me, I would have already collected the money, wouldn't I be fooled?"
"Fortunately, the confiscation of the money by these two people did not allow the lawyer's wife to succeed in her plan!"
"..."
After hearing Qin Mu's explanation, everyone couldn't help but gasped.
Dangerous in the dark.
Most people really don't understand this kind of thing.
The first reaction is to ask for compensation.
Never thought of the subsequent series of chain reactions.
"Then...if they don't want the money, will it be safe?" Li Weiguo couldn't help asking as he sat beside Qin Mu.
Qin Mu thought for a while and nodded.
indeed.
As long as the compensation is not paid, the constitution of the crime of picking quarrels and provoking trouble is basically fixed.
As the lawyer said.
The composition of picking quarrels and provoking troubles needs to meet the unity of subjectivity and objectivity.
Objectively, it is manifested as much ado about nothing, causing trouble, making unreasonable disturbances, beating and injuring innocent people, wantonly provoking, running amok, and disrupting public order.
The main behaviors are divided into four categories.
One is beating others at will, and the circumstances are bad.
Street fights and disturbances basically fall into this category.
The second is chasing, intercepting, and insulting others, and the circumstances are bad.
Refers to unhealthy motives such as seeking pleasure and seeking mental stimulation, chasing, blocking, insulting, and abusing others without reason.
There is no limitation of time and space.
On the Internet, it also constitutes picking quarrels and provoking trouble.
Zhou Xiaoqing's case clearly falls into this category.
In order to satisfy their own vanity and sense of superiority, the other party insults and abuses others online.
and caused.
The serious consequences of the other party's suicide fully meet the objective conditions.
The lawyer has always stressed that their actions were logical and empathetic, not unreasonable.
But this point of view.
In fact, it is untenable.
If they were sensible, they shouldn't have accused and criticized Zhou Xiaoqing again and again.
The third category is those who forcibly take or wantonly damage or occupy public and private property, and the circumstances are serious.
For example, someone deliberately broke the glass of a certain store.
He was prosecuted for the crime of vandalism, but because the value of the glass was less than 2000 yuan and did not meet the filing standards, he could not be prosecuted.
He can escape the crime of intentionally destroying property, but he cannot escape the crime of picking quarrels and provoking trouble.
this sin.
The bottom line is covered, and there is no mandatory requirement for value.
Just like this incident.
What does not constitute the crime of defamation can still constitute the crime of picking quarrels and provoking trouble!
The fourth type of behavior is causing disturbances in public places and causing serious disorder in public places.
This is basically the same as the troubles in ordinary people's conventional cognition.
"Objectively, they constituted insulting others, resulting in suicide consequences, and the circumstances were serious."
"Subjectively, they obviously did it on purpose."
"So they can't escape the crime of picking quarrels and provoking trouble."
Watching the live broadcast on the screen, Qin Mu concluded.
As long as no money is charged.
If the public prosecutor works harder, these people will have to be sentenced for the crime of picking quarrels and provoking trouble!
this sin.
The range of radiation is very wide.
Without any conditions, all participants will constitute this crime!"
That's good, I'm relieved, I'm afraid that the blood pressure will rise again. "
Li Weiguo breathed a sigh of relief after listening.Continue to focus on the live broadcast.
Watched carefully.
"Boom—"
in court.
The gavel sounded again, and the presiding judge stopped the emotional Zhou Zhen and his wife.
Shen Sheng said: "Please speak rationally in court and don't act aggressively."
A few words from the defendant's lawyer just now...
Zhou Zhen and his wife were almost blown away.
"Now the two sides continue to debate around the point of view."
Then go on.
He continued to promote the trial, and at the same time, together with other judges, analyzed the constitution of the law from the debates between the two sides.
as a member of the collegiate panel.
what they have to do...
It is to listen carefully to the various claims and evidences of both parties, and to make the most reasonable and fair trial.
In court, everyone has the right to speak and be heard.
And the prosecutor soon stood up again.
He began to lay out legal articles, explain legal principles, and vigorously prove the constitution of the crime of picking quarrels and provoking trouble.
Under a solid theory....
The defendant's lawyer's face became more and more ugly, and he retreated steadily.
period.
He expressed his apology several times and wanted to ask Zhou Zhen and his wife for their understanding.
But Zhou Zhen and his wife...
Oil and salt do not enter.Unmoved.
Make him completely helpless.
It can only be stubbornly resisting views such as "excusable" and "reasonable".
two hours later.
The presiding judge sounded the gavel again and said, "Now, temporarily adjourn the court for half an hour, and the judgment will be pronounced in half an hour!"
Done.
He led the full hearing members of the collegial panel and left the court.
Only a group of anxious defendants and Zhou Zhen and his wife were left.
"Xiao Qin, according to this trend, it should be stable, right?"
"It must be stable, and now it depends on how many years the other party will be sentenced."
"I always feel that it is not as exciting as before. Why don't these defendants do anything to resist? Lawyers don't have any brilliant operations."
"When I talk about this lawyer, I get angry. Lawyers really don't have many good things!"
"You can't say that, you can't
Killing everyone with one shot, there are still many lawyers with a conscience. "
"."
yard.
During recess.
Zhang Qingyuan and others stood up one after another and stretched their muscles.
After meeting this unlimited lawyer...
They missed Zhang Wei more and more.
At least Zhang Wei's defense will not be so bottomless.
After chatting for half an hour.screen.
All the members of the collegiate panel re-entered the courtroom, and the clerk said in a deep voice, "Now the verdict is pronounced, everyone stand up!"
Everyone in the court stood up.
And the yard.
Elderly people who have relieved their muscles and bones for a long time...
But they sat on the small benches one after another, listening to the verdict expectantly.
"After a four-hour trial, our court has found out the facts of the crimes committed by Gu Hongda, Bao Feiwen and other 419 people who were suspected of defamation, picking quarrels and provoking trouble. The facts of the case are beyond doubt and the evidence is clear."
"The following judgment is now made."
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