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Chapter 128 Luo Dazhuang's Criminal Private Prosecution
Chapter 128 Luo Dazhuang's Criminal Private Prosecution
The gate of the traffic police brigade.
A brand new black Audi A5 is parked on the side of the road.
In the car, Jiang Bai and Luo Dazhuang waited quietly.
It didn't take long.
A traffic policeman trotted to the side of the car and handed a mobile hard drive to Luo Dazhuang, the co-pilot.
"Lawyer Luo, I have copied all the videos in that Lincoln driving recorder here."
"Thanks, pony."
Luo Dazhuang took the mobile hard disk and nodded with a smile.
Xiao Ma waved his hand and said, "Lawyer Luo, you're being polite. If you hadn't defended my dad back then, maybe he would have turned from a righteous man to a murderer. This little favor is nothing."
"The old horse is a hero, defending him is what I should do. Let's go first, you go back quickly."
"Okay, Lawyer Luo, go slowly."
"Ah."
"Buzz!"
The engine let out a low growl and started to drive away.
"Luo Dazhuang, your move is really clever." Jiang Bai said while driving.
Luo Dazhang adjusted the back of the seat, and said slowly: "When dealing with the devil, there must always be some devil's tricks."
"Substantial justice is what I want."
"Procedural justice is what I want."
"You can't have both, and you can give up the latter and take the former."
Jiang Bai nodded slowly, deeply agreeing.
People deliberately touch porcelain to cause traffic accidents, and then privately obtain the video recorded by the other party's driving recorder. These practices are indeed stepping on the line, or even crossing the line.
But what about this?
Jiang Bai and Luo Dazhuang themselves are not the kind of rigid people who follow the rules.
Special circumstances require special treatment.
Special matters require special handling.
Back at the law firm, the two began reviewing the footage.
After working hard for more than half an hour, I finally got something.
"Qiao Na, did Luo Fei fall asleep?"
"Okay, you don't need to do anything now, just sleep well."
"Don't worry, with that dose of medicine, Luo Fei won't be able to wake up before ten o'clock tomorrow morning."
"You just have to leave the house by ten o'clock."
"..."
The recording time was around 11:38 that night.
In addition, the latest video also recorded a call between Li Meijun and Qiao Na, which also mentioned some key content.
These recordings are ironclad evidence!
It is enough to wash away all the sewage on Luo Daxiang's body!
Luo Daxiang's face became quite gloomy.
Although he had guessed for a long time, when the facts were in front of him, he still felt uncomfortable.
"Luo Dazhuang, is this a punishment or not?"
Jiang Bai turned his head to look at Luo Dazhuang, his eyes seemed to be shining.
Luo Dazhuang said slowly: "Searching the video of other people's driving recorder privately, this violates the privacy of the other party..."
"Moreover, this evidence was obtained illegally and is invalid in judicial practice."
"Ah? Then... isn't our work all in vain?" Jiang Bai suddenly looked disappointed.
"Ha ha……"
Luo Dazhang smiled and shook his head, "It's just a little bit of twists and turns."
Jiang Bai immediately became excited.
That's right!
How could Luo Dazhuang not be punished if he went out in person!
……
The next day.
Early in the morning.
Luo Dazhuang came to the court, the filing hall.
Lin Ran was still in charge of the reception.
"Ms. Luo, let me read the materials first..."
"Eh?"
"Libel……"
"Mr. Luo, is this your own criminal prosecution?"
Lin Ran was shocked.
This time Luo Dazhuang is not an agent, but... the plaintiff? ? ?
In other words, someone dared to slander Luo Dazhuang?
"Yes." Luo Dazhang nodded with a smile.
"Okay, okay, please wait a moment."
Lin Ran swallowed deeply, and quickly reviewed and checked.
soon.
"Ms. Luo, there is no problem with the materials, and the case can be filed."
"Thank you."
Luo Dazhuo thanked him and left the court with the notice of filing the case.
the other side.
Quan Jing Law Firm.
"You mean... Teacher Luo wants me to be his attorney?" Zhang Wei looked at Jiang Bai who was sitting opposite him in surprise.
"Yes."
Jiang Bai smiled and nodded.
Zhang Wei said suspiciously: "Teacher Luo is a lawyer himself, so there is absolutely no need to hire an agent."
Jiang Bai explained: "Luo Dazhuang can indeed defend himself, but as the plaintiff, he cannot consult the files, nor has he access to the evidence..."
"Oh I see."
Zhang Wei suddenly realized.
Co-authoring means needing a tool person?
In civil cases, lawyers, as parties, can defend themselves whether they are plaintiffs or defendants.
In criminal cases, a lawyer can only act as a defendant and must hire an agent.
If it is the plaintiff, the lawyer can defend himself without having to hire an agent.
But in this case, the lawyer is the "plaintiff" and cannot read the file as an agent, or have access to evidence, etc.
Therefore, as a plaintiff in a criminal case, it is better for a lawyer to hire an attorney, which will be much more convenient.
Just like this time.
With Luo Daxiang's professional level, it is more than enough to defend himself.
But his status as the plaintiff will have many restrictions.
At this time, an agent is needed to come forward.
Zhang Wei is the agent (tool) man.
"Lawyer Zhang, how about it, would you like it?" Jiang Bai asked.
"Of course, it is my honor to cooperate with Mr. Luo."
Zhang Wei had no choice but to agree with a smile.
……
After the court filed the case, it immediately started investigation and evidence collection.
Generally speaking, when a criminal private prosecution case is filed, the private prosecutor must provide corresponding evidence to support his own accusation.
If there is a lack of evidence and cannot be supplemented, the court will persuade him to withdraw his private prosecution due to insufficient evidence during the review and filing stage, or directly rule to dismiss the prosecution.
Moreover, during the trial process, the case is often lost due to insufficient evidence for the prosecution.
Therefore, criminal private prosecution is easy to say, but it is quite difficult in practice.
However, there is a supplementary statement in Article 260 of the Interpretation of the Supreme Court on Several Issues Concerning the Implementation of the Criminal Procedure Law:
Where a party in a private prosecution case cannot obtain evidence due to objective reasons and applies to the people's court to obtain it, the reason shall be explained and relevant clues or materials shall be provided.
If the people's court deems it necessary, it shall obtain it in a timely manner.
When Luo Dazhuang applied for filing the case, he also applied to the court for evidence collection.
And this evidence is the video recorder of Li Meijun's Lincoln car!
As soon as the court started its action, Li Meijun got wind of it.
After all, he is a well-known barrister in Longcheng, and he is also the newly-appointed president of the Bar Association. Li Meijun has acquaintances and connections in the public security department.
Luo Dazhuang applied for filing a case, but someone handed her the news later.
After receiving the news, Li Meijun's first reaction was to panic.
The name of a man, the shadow of a tree.
The name Luo Fei was a deterrent in itself.
Anyone who stands on the opposite side of Luo Daxiang will feel what it means to be crushed and what it means to be cruel.
What's more, this time Li Meijun and Luo Dazhuang are not simply different in their positions, not just defending the opposing sides, but...
She is the defendant, and Luo Dazhuang is the plaintiff!
If you lose, it is not as simple as losing a lawsuit, you will have to bear criminal responsibility.
Li Meijun patted her chest and took a deep breath, forcing herself to calm down.
She began to recall the whole incident carefully, bringing herself into Luo Daxiang's role, trying to find flaws.
It has to be said that Li Meijun's situation seems simple, but there are almost no flaws.
There is basically no chance of a comeback.
But she also knew that since Luo Dazhuang filed a private criminal prosecution, it meant that he already had some information.
but……
What is it?
Li Meijun now wants to speculate on Luo Dazhuang's thinking, and then defend in advance.
"It's impossible to testify in person. Qiao Na hates Luo Fei so much that she won't betray her..."
"Old Zhou has been driving for me for more than ten years. I funded his daughter's study abroad, and it is impossible for him to betray me..."
"to chat with……"
"Phone...phone..."
"Travel recorder!"
Li Meijun's eyes widened suddenly, and she thought of a key point.
This is also a part of the whole incident, a hundred secrets and one sparse.
She quickly called the driver, Lao Zhou, and said very quickly: "Lao Zhou, take out the memory card of the driving recorder and give it to me, hurry up!"
"Boss, the memory card was taken away by the traffic police yesterday..." Lao Zhou said.
Hearing this, Li Meijun's pupils shrank suddenly.
Finished!
Update 6000 words today, owe 2000, and pay 4000
Adding the 6000 owed before, now a total of 1W words are owed
(End of this chapter)
The gate of the traffic police brigade.
A brand new black Audi A5 is parked on the side of the road.
In the car, Jiang Bai and Luo Dazhuang waited quietly.
It didn't take long.
A traffic policeman trotted to the side of the car and handed a mobile hard drive to Luo Dazhuang, the co-pilot.
"Lawyer Luo, I have copied all the videos in that Lincoln driving recorder here."
"Thanks, pony."
Luo Dazhuang took the mobile hard disk and nodded with a smile.
Xiao Ma waved his hand and said, "Lawyer Luo, you're being polite. If you hadn't defended my dad back then, maybe he would have turned from a righteous man to a murderer. This little favor is nothing."
"The old horse is a hero, defending him is what I should do. Let's go first, you go back quickly."
"Okay, Lawyer Luo, go slowly."
"Ah."
"Buzz!"
The engine let out a low growl and started to drive away.
"Luo Dazhuang, your move is really clever." Jiang Bai said while driving.
Luo Dazhang adjusted the back of the seat, and said slowly: "When dealing with the devil, there must always be some devil's tricks."
"Substantial justice is what I want."
"Procedural justice is what I want."
"You can't have both, and you can give up the latter and take the former."
Jiang Bai nodded slowly, deeply agreeing.
People deliberately touch porcelain to cause traffic accidents, and then privately obtain the video recorded by the other party's driving recorder. These practices are indeed stepping on the line, or even crossing the line.
But what about this?
Jiang Bai and Luo Dazhuang themselves are not the kind of rigid people who follow the rules.
Special circumstances require special treatment.
Special matters require special handling.
Back at the law firm, the two began reviewing the footage.
After working hard for more than half an hour, I finally got something.
"Qiao Na, did Luo Fei fall asleep?"
"Okay, you don't need to do anything now, just sleep well."
"Don't worry, with that dose of medicine, Luo Fei won't be able to wake up before ten o'clock tomorrow morning."
"You just have to leave the house by ten o'clock."
"..."
The recording time was around 11:38 that night.
In addition, the latest video also recorded a call between Li Meijun and Qiao Na, which also mentioned some key content.
These recordings are ironclad evidence!
It is enough to wash away all the sewage on Luo Daxiang's body!
Luo Daxiang's face became quite gloomy.
Although he had guessed for a long time, when the facts were in front of him, he still felt uncomfortable.
"Luo Dazhuang, is this a punishment or not?"
Jiang Bai turned his head to look at Luo Dazhuang, his eyes seemed to be shining.
Luo Dazhuang said slowly: "Searching the video of other people's driving recorder privately, this violates the privacy of the other party..."
"Moreover, this evidence was obtained illegally and is invalid in judicial practice."
"Ah? Then... isn't our work all in vain?" Jiang Bai suddenly looked disappointed.
"Ha ha……"
Luo Dazhang smiled and shook his head, "It's just a little bit of twists and turns."
Jiang Bai immediately became excited.
That's right!
How could Luo Dazhuang not be punished if he went out in person!
……
The next day.
Early in the morning.
Luo Dazhuang came to the court, the filing hall.
Lin Ran was still in charge of the reception.
"Ms. Luo, let me read the materials first..."
"Eh?"
"Libel……"
"Mr. Luo, is this your own criminal prosecution?"
Lin Ran was shocked.
This time Luo Dazhuang is not an agent, but... the plaintiff? ? ?
In other words, someone dared to slander Luo Dazhuang?
"Yes." Luo Dazhang nodded with a smile.
"Okay, okay, please wait a moment."
Lin Ran swallowed deeply, and quickly reviewed and checked.
soon.
"Ms. Luo, there is no problem with the materials, and the case can be filed."
"Thank you."
Luo Dazhuo thanked him and left the court with the notice of filing the case.
the other side.
Quan Jing Law Firm.
"You mean... Teacher Luo wants me to be his attorney?" Zhang Wei looked at Jiang Bai who was sitting opposite him in surprise.
"Yes."
Jiang Bai smiled and nodded.
Zhang Wei said suspiciously: "Teacher Luo is a lawyer himself, so there is absolutely no need to hire an agent."
Jiang Bai explained: "Luo Dazhuang can indeed defend himself, but as the plaintiff, he cannot consult the files, nor has he access to the evidence..."
"Oh I see."
Zhang Wei suddenly realized.
Co-authoring means needing a tool person?
In civil cases, lawyers, as parties, can defend themselves whether they are plaintiffs or defendants.
In criminal cases, a lawyer can only act as a defendant and must hire an agent.
If it is the plaintiff, the lawyer can defend himself without having to hire an agent.
But in this case, the lawyer is the "plaintiff" and cannot read the file as an agent, or have access to evidence, etc.
Therefore, as a plaintiff in a criminal case, it is better for a lawyer to hire an attorney, which will be much more convenient.
Just like this time.
With Luo Daxiang's professional level, it is more than enough to defend himself.
But his status as the plaintiff will have many restrictions.
At this time, an agent is needed to come forward.
Zhang Wei is the agent (tool) man.
"Lawyer Zhang, how about it, would you like it?" Jiang Bai asked.
"Of course, it is my honor to cooperate with Mr. Luo."
Zhang Wei had no choice but to agree with a smile.
……
After the court filed the case, it immediately started investigation and evidence collection.
Generally speaking, when a criminal private prosecution case is filed, the private prosecutor must provide corresponding evidence to support his own accusation.
If there is a lack of evidence and cannot be supplemented, the court will persuade him to withdraw his private prosecution due to insufficient evidence during the review and filing stage, or directly rule to dismiss the prosecution.
Moreover, during the trial process, the case is often lost due to insufficient evidence for the prosecution.
Therefore, criminal private prosecution is easy to say, but it is quite difficult in practice.
However, there is a supplementary statement in Article 260 of the Interpretation of the Supreme Court on Several Issues Concerning the Implementation of the Criminal Procedure Law:
Where a party in a private prosecution case cannot obtain evidence due to objective reasons and applies to the people's court to obtain it, the reason shall be explained and relevant clues or materials shall be provided.
If the people's court deems it necessary, it shall obtain it in a timely manner.
When Luo Dazhuang applied for filing the case, he also applied to the court for evidence collection.
And this evidence is the video recorder of Li Meijun's Lincoln car!
As soon as the court started its action, Li Meijun got wind of it.
After all, he is a well-known barrister in Longcheng, and he is also the newly-appointed president of the Bar Association. Li Meijun has acquaintances and connections in the public security department.
Luo Dazhuang applied for filing a case, but someone handed her the news later.
After receiving the news, Li Meijun's first reaction was to panic.
The name of a man, the shadow of a tree.
The name Luo Fei was a deterrent in itself.
Anyone who stands on the opposite side of Luo Daxiang will feel what it means to be crushed and what it means to be cruel.
What's more, this time Li Meijun and Luo Dazhuang are not simply different in their positions, not just defending the opposing sides, but...
She is the defendant, and Luo Dazhuang is the plaintiff!
If you lose, it is not as simple as losing a lawsuit, you will have to bear criminal responsibility.
Li Meijun patted her chest and took a deep breath, forcing herself to calm down.
She began to recall the whole incident carefully, bringing herself into Luo Daxiang's role, trying to find flaws.
It has to be said that Li Meijun's situation seems simple, but there are almost no flaws.
There is basically no chance of a comeback.
But she also knew that since Luo Dazhuang filed a private criminal prosecution, it meant that he already had some information.
but……
What is it?
Li Meijun now wants to speculate on Luo Dazhuang's thinking, and then defend in advance.
"It's impossible to testify in person. Qiao Na hates Luo Fei so much that she won't betray her..."
"Old Zhou has been driving for me for more than ten years. I funded his daughter's study abroad, and it is impossible for him to betray me..."
"to chat with……"
"Phone...phone..."
"Travel recorder!"
Li Meijun's eyes widened suddenly, and she thought of a key point.
This is also a part of the whole incident, a hundred secrets and one sparse.
She quickly called the driver, Lao Zhou, and said very quickly: "Lao Zhou, take out the memory card of the driving recorder and give it to me, hurry up!"
"Boss, the memory card was taken away by the traffic police yesterday..." Lao Zhou said.
Hearing this, Li Meijun's pupils shrank suddenly.
Finished!
Update 6000 words today, owe 2000, and pay 4000
Adding the 6000 owed before, now a total of 1W words are owed
(End of this chapter)
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