The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 336 Astonishing juvenile crime statistics!
"Lawyer Liu, you should say something."
Seeing this, Le Jian on the side urged him anxiously.
in his eyes.
The public prosecutor said a lot and made repeated accusations against his daughter.
Your own lawyer.
But suddenly he became dumb and didn't say a word.
Let him very dissatisfied.
He spends money.
It is to win the lawsuit, not to be scolded as a wooden man here.
"This point is unwinnable."
The lawyer turned his head and glanced at Le Yirou and the others who were sitting in the dock with innocent faces.
Shaking his head hopelessly.
original.
His arguments and evidence are relatively sufficient, and there are legal basis as support.
but
No one expected that Le Yirou and the others would act so arrogantly in the law enforcement recorder.
To know.
The final result of any trial comes from the collegial panel.
And they judge.
Naturally, it will be affected by various aspects, such as the defendant's usual behavior, attitude and so on.
After the five of them bullied Sun Luoling, they were still so arrogant.
no doubt.
When determining the motivation, there is a high probability that their behavior of forwarding to other group chats will be characterized as active intention.
The active intention mentioned in the law is never told by the individual.
It is inferred through logical reasoning, combined with facts, and customary behavior.
"That, that, my daughter."
Le Jian and several other middle-aged people became nervous when they heard the words.
Stare at the lawyer.
"Let's watch the next game."
The lawyer sighed lightly, shook his head and said.
The motivational debate has basically failed.
The evidence put forward by the other party completely defeated his claim.
If you want to help the parties get the best benefit and reduce the sentence, you can only watch the next free debate session.
"Boom—"
at the same time.
in court.
The presiding judge sounded the gavel and solemnly asked both parties: "Do you have any new evidence to submit?"
After confirming that neither party has new evidence.
The trial has entered the most intense and enjoyable stage.
The prosecutor then stepped forward.
He began to refute the defendant's application for punishment in the juvenile prison, and angrily said: "Our court believes that although the five people including Le Yirou and Ji Chunchun are relatively young, they have turned a deaf ear to the law in terms of actions and cognitive attitudes. Awe."
"During his school days, he ganged up many times to exploit and bully other students in terms of money, body, and personal dignity.
"This time it caused a double blow to the victim, Sun Luoling, both physically and mentally. The social impact was extremely bad. Many parents of students also sent a joint application to our hospital, demanding severe punishment."
in fact.
This case has attracted a lot of attention.
Especially the parents of the middle school.
After learning about Sun Luoling's situation, they were all afraid that what happened to Sun Luoling would happen to their children again.
therefore.
A joint application was specially initiated and sent to their procuratorate.
Please focus on punishing Le Yirou and others.
"In addition, according to the criminal law, juvenile detention targets minors who have reached the age of 14."
The public prosecutor paused for a moment, and then said: "At the beginning of the establishment of this regulation, it was considered that those under the age of 14 should not be held criminally responsible, but this case has a huge impact on society, and the circumstances of the crime are very bad, causing others to become insane. "
"We believe that it should be
Make an exception and impose corresponding penalties to demonstrate the sacredness of the law! "
in the dock.
Le Yirou and the other five kept their heads down, biting their lower lip tightly.
A very wronged and innocent look.
as if
They are the victims.
"I don't agree!"
After the public prosecutor finished speaking, the lawyer hadn't spoken yet, but Le Jian couldn't help it.
Staring at the other party's prosecutor, he opened his mouth to argue: "The law stipulates that people under the age of 14 should not bear criminal responsibility. Why should it be our daughter's turn to bear it?"
"Isn't the law about fairness and justice?"
"My daughter did something wrong, but she already knew it was wrong. We have also compensated the victims, and we are willing to continue to provide compensation if they need it."
"They are still children, can't we be more tolerant?"
He was very emotional.
The saliva stars are about to splash out.
He couldn't control his voice either, and his voice became louder and louder.
But his words did not fall.
Sun Hai next to the prosecutor glared at him with red eyes: "Child? Isn't my daughter a child?"
"She's only 13 years old, what's wrong with her? Why should she be bullied like this at school?"
"Do you know how many scars she has on her body?"
"She is going to study, not to fight!"
"At this age, she should hold her textbooks, study hard in school, and fight for her future!"
"But now she"
Speaking of this, his voice was a little choked up: "She doesn't even know her parents, and she hurts herself every now and then. I'm worried about her committing suicide when no one is watching."
Think of my daughter.
He was so angry that he pointed at the five people in the dock.
It was these innocent-looking little girls who caused his daughter to become what she is now.
As for the compensation mentioned by Le Jian and others
It was an insult to his father!
"The guardian of the victim, please control your emotions."
Seeing Sun Hai's appearance, the presiding judge coughed a few times as a reminder.
At the same time, he looked at the opposing lawyer.
The opposing lawyer saw this and then stood up.
He put forward his own point of view: "Respected presiding judge, all jurors, and the families of the victims, we still believe that the sentencing in this case is too heavy, and it is too harsh for five young and innocent students."
"The juvenile detention center was first established to accommodate these juveniles who have committed crimes."
"Give them a chance to rehabilitate, let them realize their mistakes, reform themselves, and actively repay the society and the country in the future."
"From a legal point of view, I think they should be punished by a juvenile detention center instead of going to prison like adults."
in court.
The presiding judge and several other jurors couldn't help frowning when they heard the lawyer's words.
But it is undeniable.
This proposition is very justified. For a long time, most of the crimes committed by minors have been disciplined in juvenile prisons.
They are now under review.
It is a criminal trial for a very small number of minors who are under the age of 14!
And the public prosecution seat.
After listening to the defendant's lawyer's defense, the two public prosecutors retorted again: "Although the law provides for the protection of minors, it does not mean that they do not need to be punished for committing crimes."
"This case has been approved by the Supreme Court and is in line with the trial process. The behavior of the five members of Le Yirou should be properly sentenced to demonstrate the legislative principle that everyone is equal before the law!"
"We still insist on that."
a time.
The two sides debated again on the severity of the sentencing.
During this period.
Le Jian and others joined the battlefield one after another, trying to exonerate their daughter.
Sun Hai also did not back down, insisting that they would be imprisoned.
As for Le Yirou and Ji Chunchun
It was caught in the middle, trembling.
Because of their age, this trial does not require them to speak too much.
The presiding judge only asked them a few targeted questions.
The rest went to lawyers and guardians.
But the five felt
This trial is like years.
In just a few hours, it seemed like a lifetime had passed.
at last.
three hours later.
Accompanied by the bang of the gavel, the presiding judge announced in a deep voice: "Now the court is adjourned for one hour, and the judgment on this case will be pronounced in one hour.
" Finished.
All the members of the collegiate panel left the courtroom.
Le Yirou, Ji Chunchun and the others felt powerless and sat on the chairs.
torment
It's finally over.
The expressions on their faces are also quite complicated.
There is fear, apprehension, fear, confusion, and a little bit of regret.
Court.
Collegiate meeting room.
The presiding judge led the remaining six jurors and started the meeting as usual.
Everyone's expression is very dignified.
Obviously.
This case is no ordinary case.
If the trial is not good, public opinion will spread to the whole country, and they must be cautious.
"Tell me."
The presiding judge glanced at the other six people and urged them.
"I think, if the case should be kept in the old fashioned way, at least it won't make a principled mistake and be sentenced to a juvenile detention center, plus a criminal record."
One juror glanced at the others and spoke his mind.
his idea
It's actually the safest decision.
Although such crimes have been approved for trial, if they want to be sentenced to a penalty other than the statutory penalty, they must be reported to the Supreme Court before execution.
And how many people's age
It's too small.
If they are over 14 years old, they can be sentenced to fixed-term imprisonment.
At this age, the sentence of fixed-term imprisonment seems too heavy.
"But you have also seen the situation of Sun Luoling. She is so innocent, why is she being bullied for nothing?"
suddenly.
Another juror said in a deep voice: "If you want me to say, our court should show some courage, sentence what should be sentenced, and give justice to the victims!"
"But the sentence is so severe. It violates the purpose of the Law on the Protection of Minors. It is better to focus on education and supplement it with punishment."
"The key education in the youth prison is a good way of punishment, but I see the attitudes of Le Yirou, Ji Chunchun and the other five are rebellious, and they don't have a good attitude of pleading guilty. "
"The performance of these people when they were detained was indeed a little flouting the law, but they may not realize the seriousness of the problem, we should not be too demanding."
"Not aware of the seriousness of the problem? I think they are too aware of the seriousness of the problem, and they dare to be so arrogant just because they don't think they will be punished!"
"."
The seven people expressed their opinions, and the discussion was endless.
Everyone sees it differently.
However, there are generally two factions, one is that the sentence of fixed-term imprisonment is too heavy, and the other is that the sentence of reformation in the juvenile prison is too light.
Two
The parties were never able to reach a consensus.
Two 10 minutes later.
"Everyone."
The presiding judge looked at the crowd and said seriously: "This verdict is not actually about this case. Behind it, it represents countless cases of school violence."
"I used to specialize in the study of juvenile delinquency, and I know very well how scary the proportion of juvenile delinquency in the country is now."
He raised his head.
There was a pause, and then a series of statistics were said.
"In the past three years, procuratorial organs have accepted and prosecuted 24.9 juvenile delinquents, an average annual increase of 8.3%; this year, they have accepted and prosecuted 5.6 people, an increase of 6.4% year-on-year."
"The number of minor victims of crimes has increased from 4.6 to 5.2, an average annual increase of 6.3%, of which 14% are minor victims under the age of 56.5."
The rest of the jurors heard the data.
Their expressions became solemn at the same time.
Most of these things happened on campus, in junior high school.
Seeing this, Le Jian on the side urged him anxiously.
in his eyes.
The public prosecutor said a lot and made repeated accusations against his daughter.
Your own lawyer.
But suddenly he became dumb and didn't say a word.
Let him very dissatisfied.
He spends money.
It is to win the lawsuit, not to be scolded as a wooden man here.
"This point is unwinnable."
The lawyer turned his head and glanced at Le Yirou and the others who were sitting in the dock with innocent faces.
Shaking his head hopelessly.
original.
His arguments and evidence are relatively sufficient, and there are legal basis as support.
but
No one expected that Le Yirou and the others would act so arrogantly in the law enforcement recorder.
To know.
The final result of any trial comes from the collegial panel.
And they judge.
Naturally, it will be affected by various aspects, such as the defendant's usual behavior, attitude and so on.
After the five of them bullied Sun Luoling, they were still so arrogant.
no doubt.
When determining the motivation, there is a high probability that their behavior of forwarding to other group chats will be characterized as active intention.
The active intention mentioned in the law is never told by the individual.
It is inferred through logical reasoning, combined with facts, and customary behavior.
"That, that, my daughter."
Le Jian and several other middle-aged people became nervous when they heard the words.
Stare at the lawyer.
"Let's watch the next game."
The lawyer sighed lightly, shook his head and said.
The motivational debate has basically failed.
The evidence put forward by the other party completely defeated his claim.
If you want to help the parties get the best benefit and reduce the sentence, you can only watch the next free debate session.
"Boom—"
at the same time.
in court.
The presiding judge sounded the gavel and solemnly asked both parties: "Do you have any new evidence to submit?"
After confirming that neither party has new evidence.
The trial has entered the most intense and enjoyable stage.
The prosecutor then stepped forward.
He began to refute the defendant's application for punishment in the juvenile prison, and angrily said: "Our court believes that although the five people including Le Yirou and Ji Chunchun are relatively young, they have turned a deaf ear to the law in terms of actions and cognitive attitudes. Awe."
"During his school days, he ganged up many times to exploit and bully other students in terms of money, body, and personal dignity.
"This time it caused a double blow to the victim, Sun Luoling, both physically and mentally. The social impact was extremely bad. Many parents of students also sent a joint application to our hospital, demanding severe punishment."
in fact.
This case has attracted a lot of attention.
Especially the parents of the middle school.
After learning about Sun Luoling's situation, they were all afraid that what happened to Sun Luoling would happen to their children again.
therefore.
A joint application was specially initiated and sent to their procuratorate.
Please focus on punishing Le Yirou and others.
"In addition, according to the criminal law, juvenile detention targets minors who have reached the age of 14."
The public prosecutor paused for a moment, and then said: "At the beginning of the establishment of this regulation, it was considered that those under the age of 14 should not be held criminally responsible, but this case has a huge impact on society, and the circumstances of the crime are very bad, causing others to become insane. "
"We believe that it should be
Make an exception and impose corresponding penalties to demonstrate the sacredness of the law! "
in the dock.
Le Yirou and the other five kept their heads down, biting their lower lip tightly.
A very wronged and innocent look.
as if
They are the victims.
"I don't agree!"
After the public prosecutor finished speaking, the lawyer hadn't spoken yet, but Le Jian couldn't help it.
Staring at the other party's prosecutor, he opened his mouth to argue: "The law stipulates that people under the age of 14 should not bear criminal responsibility. Why should it be our daughter's turn to bear it?"
"Isn't the law about fairness and justice?"
"My daughter did something wrong, but she already knew it was wrong. We have also compensated the victims, and we are willing to continue to provide compensation if they need it."
"They are still children, can't we be more tolerant?"
He was very emotional.
The saliva stars are about to splash out.
He couldn't control his voice either, and his voice became louder and louder.
But his words did not fall.
Sun Hai next to the prosecutor glared at him with red eyes: "Child? Isn't my daughter a child?"
"She's only 13 years old, what's wrong with her? Why should she be bullied like this at school?"
"Do you know how many scars she has on her body?"
"She is going to study, not to fight!"
"At this age, she should hold her textbooks, study hard in school, and fight for her future!"
"But now she"
Speaking of this, his voice was a little choked up: "She doesn't even know her parents, and she hurts herself every now and then. I'm worried about her committing suicide when no one is watching."
Think of my daughter.
He was so angry that he pointed at the five people in the dock.
It was these innocent-looking little girls who caused his daughter to become what she is now.
As for the compensation mentioned by Le Jian and others
It was an insult to his father!
"The guardian of the victim, please control your emotions."
Seeing Sun Hai's appearance, the presiding judge coughed a few times as a reminder.
At the same time, he looked at the opposing lawyer.
The opposing lawyer saw this and then stood up.
He put forward his own point of view: "Respected presiding judge, all jurors, and the families of the victims, we still believe that the sentencing in this case is too heavy, and it is too harsh for five young and innocent students."
"The juvenile detention center was first established to accommodate these juveniles who have committed crimes."
"Give them a chance to rehabilitate, let them realize their mistakes, reform themselves, and actively repay the society and the country in the future."
"From a legal point of view, I think they should be punished by a juvenile detention center instead of going to prison like adults."
in court.
The presiding judge and several other jurors couldn't help frowning when they heard the lawyer's words.
But it is undeniable.
This proposition is very justified. For a long time, most of the crimes committed by minors have been disciplined in juvenile prisons.
They are now under review.
It is a criminal trial for a very small number of minors who are under the age of 14!
And the public prosecution seat.
After listening to the defendant's lawyer's defense, the two public prosecutors retorted again: "Although the law provides for the protection of minors, it does not mean that they do not need to be punished for committing crimes."
"This case has been approved by the Supreme Court and is in line with the trial process. The behavior of the five members of Le Yirou should be properly sentenced to demonstrate the legislative principle that everyone is equal before the law!"
"We still insist on that."
a time.
The two sides debated again on the severity of the sentencing.
During this period.
Le Jian and others joined the battlefield one after another, trying to exonerate their daughter.
Sun Hai also did not back down, insisting that they would be imprisoned.
As for Le Yirou and Ji Chunchun
It was caught in the middle, trembling.
Because of their age, this trial does not require them to speak too much.
The presiding judge only asked them a few targeted questions.
The rest went to lawyers and guardians.
But the five felt
This trial is like years.
In just a few hours, it seemed like a lifetime had passed.
at last.
three hours later.
Accompanied by the bang of the gavel, the presiding judge announced in a deep voice: "Now the court is adjourned for one hour, and the judgment on this case will be pronounced in one hour.
" Finished.
All the members of the collegiate panel left the courtroom.
Le Yirou, Ji Chunchun and the others felt powerless and sat on the chairs.
torment
It's finally over.
The expressions on their faces are also quite complicated.
There is fear, apprehension, fear, confusion, and a little bit of regret.
Court.
Collegiate meeting room.
The presiding judge led the remaining six jurors and started the meeting as usual.
Everyone's expression is very dignified.
Obviously.
This case is no ordinary case.
If the trial is not good, public opinion will spread to the whole country, and they must be cautious.
"Tell me."
The presiding judge glanced at the other six people and urged them.
"I think, if the case should be kept in the old fashioned way, at least it won't make a principled mistake and be sentenced to a juvenile detention center, plus a criminal record."
One juror glanced at the others and spoke his mind.
his idea
It's actually the safest decision.
Although such crimes have been approved for trial, if they want to be sentenced to a penalty other than the statutory penalty, they must be reported to the Supreme Court before execution.
And how many people's age
It's too small.
If they are over 14 years old, they can be sentenced to fixed-term imprisonment.
At this age, the sentence of fixed-term imprisonment seems too heavy.
"But you have also seen the situation of Sun Luoling. She is so innocent, why is she being bullied for nothing?"
suddenly.
Another juror said in a deep voice: "If you want me to say, our court should show some courage, sentence what should be sentenced, and give justice to the victims!"
"But the sentence is so severe. It violates the purpose of the Law on the Protection of Minors. It is better to focus on education and supplement it with punishment."
"The key education in the youth prison is a good way of punishment, but I see the attitudes of Le Yirou, Ji Chunchun and the other five are rebellious, and they don't have a good attitude of pleading guilty. "
"The performance of these people when they were detained was indeed a little flouting the law, but they may not realize the seriousness of the problem, we should not be too demanding."
"Not aware of the seriousness of the problem? I think they are too aware of the seriousness of the problem, and they dare to be so arrogant just because they don't think they will be punished!"
"."
The seven people expressed their opinions, and the discussion was endless.
Everyone sees it differently.
However, there are generally two factions, one is that the sentence of fixed-term imprisonment is too heavy, and the other is that the sentence of reformation in the juvenile prison is too light.
Two
The parties were never able to reach a consensus.
Two 10 minutes later.
"Everyone."
The presiding judge looked at the crowd and said seriously: "This verdict is not actually about this case. Behind it, it represents countless cases of school violence."
"I used to specialize in the study of juvenile delinquency, and I know very well how scary the proportion of juvenile delinquency in the country is now."
He raised his head.
There was a pause, and then a series of statistics were said.
"In the past three years, procuratorial organs have accepted and prosecuted 24.9 juvenile delinquents, an average annual increase of 8.3%; this year, they have accepted and prosecuted 5.6 people, an increase of 6.4% year-on-year."
"The number of minor victims of crimes has increased from 4.6 to 5.2, an average annual increase of 6.3%, of which 14% are minor victims under the age of 56.5."
The rest of the jurors heard the data.
Their expressions became solemn at the same time.
Most of these things happened on campus, in junior high school.
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