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Chapter 307 Judgment Day: Husband and wife turn against each other and go crazy with backstabs!

Chapter 307 Judgment Day: Husband and wife turn against each other and go crazy with backstabs!

Time passed slowly.

The day of the court session finally arrived.

At the gate of Yecheng Court, lawyer Du Cheng in a suit and leather shoes was standing on the curb with a briefcase in his hand, with a smile on his face.

For today's trial, he has no psychological pressure at all.

In the past, in a lawsuit, it was always necessary to conduct in-depth investigations many days in advance to understand the details of the case, prepare defense strategies, and also have to simulate the possible attack angles of the opponent based on the opponent's lawyer's style and existing evidence, and make preparations in advance.

Every lawsuit is a duel!
It's about honor, it's about reputation, it's more about wallet.

had to be taken seriously.

But this time, Du Cheng took it easy from the beginning to the end.

Is he messed up?

Do not!
It was he who had never fought such a rich battle!

This criminal private prosecution case is too simple, and the evidence is so clear, even if you lead a dog, you can easily win it, okay?
What's more, this time the case will still be heard in a joint trial with the public prosecution.

With the prosecutor's thigh to hug, the output environment is simply not too good.

What else is there to worry about?

If this lawsuit can be lost, no, if this lawsuit is not won so beautifully, Du Cheng will be ashamed to continue to stay in the lawyer's profession.

It was about nine forty or so.

Jiang Bai, Sister Yun and Fu Anqi have arrived.

After exchanging a few pleasantries, they walked into the court together and headed straight to the criminal court.

10 minute later.

Gao Donglin and his wife walked into the trial court under the escort of the judicial police and put them on the defendant's seat.

Two legal aid lawyers followed closely behind.

Immediately afterwards, the prosecutor also walked in.

It's exactly ten o'clock!
The door to the right front of the trial court was open, and the presiding judge in a legal robe strode onto the platform, followed by two jurors.

"Boom-"

The gavel fell.

The audience was solemn.

The judge glanced at it, and said in a deep voice: "Today, in accordance with the provisions of Articles 270, 240, 310, and 270 of the Criminal Law, the Criminal Division of the People's Court of Yecheng publicly tried the defendants Gao Donglin and Lin Jia for occupying real estate according to law. , the case of obstructing public affairs."

"Because this case is a cross case of public prosecution and private prosecution, in accordance with relevant laws and regulations, this court will try the cases together."

"I will serve as the presiding judge and form a collegial panel according to law."

"Now, the court is officially open!"

"The public prosecutor is requested to read the indictment and state the reasons for the case."

The public prosecutor in this case was a prosecutor from Yecheng. He looked about forty, had a Chinese face, and had an air of calmness and prestige.

He stood up, holding the indictment in both hands and began to read:
"XXX People's Procuratorate Criminal Indictment..."

"Defendant Gao Donglin, male, 42 years old... Defendant Lin Jia, female, 40 years old..."

"The two defendants are husband and wife. Due to poor production and management, they owed huge debts and were unable to repay them. The Yecheng Court auctioned off their real estate of Unit 4, Building 4, Building 404, under their names on X/X this year. "

"On X/X, Ms. Fu Anqi bought the real estate at a price of 120 million, but Gao Donglin and Lin Jia refused to move out, refused to hand over the house, and occupied the property for half a year."

"During this period, Fu Anqi negotiated and negotiated with him many times, but to no avail."

"On X/X, Fu Anqi brought the two defendants to court with a complaint. The court pronounced a verdict on the same day and ruled that the defendants should return the property, but the two still refused."

"Finally, the court initiated the enforcement procedure. Unexpectedly, the two defendants let dogs bite the executioner and the bailiff..."

The prosecutor recounted what Gao Donglin and his wife had done from the beginning to the end, and continued: "The investigation of this case has been concluded by the XX police station, and it will be transferred to this court for review and prosecution."

"This court believes that the defendant's behavior violated the provisions of Article 270, Article 240, and Article 310 of the Criminal Law, which constituted the crime of obstructing public affairs, the crime of illegal intrusion into the house, and the crime of refusal to carry out the crime, and the circumstances are serious. In accordance with the provisions of the law, a public prosecution shall be instituted."

"The claim is as follows:"

"13. According to the law, the criminal defendant Gao Donglin was sentenced to the crime of obstructing public affairs, the crime of illegal intrusion into the house, and the crime of refusal to execute the law, and he was given a heavier punishment. He was sentenced to [-] years in prison and confiscated all his property."

"Second, according to the law, the criminal defendant Lin Jiazheng was sentenced... to 13 years in prison and confiscation of all property."

"2. To order the incidental civil defendant to compensate the incidental civil plaintiff in accordance with the law for house depreciation, rental fees, transportation expenses, etc., totaling [-] yuan."

The prosecutor's voice was loud and powerful, resounding throughout the trial court.

Hearing this, Gao Donglin and Lin Jia unexpectedly heaved a sigh of relief, feeling relieved.

The policeman is really scaring people!
What 15+ years...

Isn't this only "mere" 13 years?
Before the two of them were happy, they heard the judge say: "The plaintiff's lawyer in the private prosecution case please read the indictment."

Du Cheng got up and read out: "...Gao Donglin and Lin Jia's husband and wife have occupied our client's property for half a year, and when our client was negotiating with them, they first tried to confuse the public with the rule of 'buy and sell without breaking the lease'. Turned into anger from embarrassment, his attitude became extremely bad, and he often insulted and threatened our client..."

"I implore the collegial panel to convict the defendant of the crime of embezzlement and give him a heavier sentence!"

Well, I was waiting here.

The amount of the crime of embezzlement is huge, that is, a fixed-term imprisonment of not less than two years but not more than five years.

If the sentence is top-notch, plus the previous 13 years, it will be a full 18 years!

This Nima's!

Gao Donglin and his wife suddenly panicked.

The judge looked at the defendant's seat and said in a deep voice, "The defendant, please make a statement."

"Your Honor, I..."

Gao Donglin just opened his mouth, before he could say a word, he was interrupted by a sharp voice.

"Why did you say it first!"

He glanced at Lin Jia next to him: "Then you talk first."

Lin Jia rolled her eyes: "Why should I say it first!?"

"You..." Gao Donglin's breath was stagnant, and he said, "Then whoever you say will speak first."

Lin Jia yelled: "Why should I say who will say first?"

Gao Donglin's face suddenly looked loveless.

This silly old lady, don't even look at the occasion now!
It’s fine if you usually like to do it, but at this time, you still have to keep doing it.

i really...

"Are you talking! Are you dumb?" Lin Jia asked loudly.

The corners of Gao Donglin's mouth twitched twice, his forehead seemed to be throbbing with blue veins, and he growled, "Lin Jia, can you fucking stop doing it!"

"Boom-"

The judge slammed the gavel heavily, and said in a deep voice, "Defendant, please pay attention to court discipline and don't swear!"

Gao Donglin quickly fell silent.

On the other side, Lin Jia raised the corner of her mouth slightly, revealing an imperceptible smile.

Does she know what the occasion is?
What she said just now was intentional, in order to make Gao Donglin angry. The more angry he is, the more unfavorable the situation will be.

This would give the judge a very bad first impression of him.

In this way, it will be easier to blame him.

Thinking of this, Lin Jia said: "Your Honor, all jurors, I am deeply aware that my actions have violated the law and caused serious personal injury and economic losses to the victim. I am willing to do my best to compensate... "

"But I still need to clarify some details!"

Lin Jia took a deep breath, pointed at Gao Donglin, and continued, "It's all because of him, Gao Donglin! He proposed to occupy the house, he tore the court seal, and the door lock. He is in charge!"

"I've tried to dissuade you many times, but it's useless. I'm just a woman, and he doesn't listen to what I say..."

"You fucking fart!"

Seeing that Lin Jia was pouring dirty water on himself crazily, Gao Donglin's eyes were red with anger, and he roared angrily: "You were the one who clamored to take over the house back then, so I even contacted the agent to rent the house, but You insist on not moving, and now you actually say that?"

"Lin Jia! We have been married for more than ten years, and I only now know that you are so vicious!"

"Whether it's encroaching on real estate or letting dogs bite people, it's all led by you. Even if you talk about it, it's mainly your responsibility!"

Gao Donglin yelled over there emotionally.

As soon as the words fell, Lin Jia couldn't wait to start to refute.

then……

The two had a fierce quarrel.

"Gao Donglin, you're the one who farts! Your whole family farts! You're a big man, would you be ashamed to dump all the responsibility on your wife?"

"What do you mean by throwing away responsibility? That's your responsibility!"

"Bah! If nothing else, I'll ask you, did you bring that dog back from the Victory Dog Farm?"

"I pulled it back, but you came up with the idea, and after the comrades in the court broke the door, you were the one who let the dog bite people!"

"You fucking..."

The two started arguing loudly in the courtroom.

No, this is no longer a quarrel, this is scolding!
The sound was very loud and the fighting was very intense.

"quiet!"

The judge slammed the gavel with a dark face, and said in a deep voice: "It is forbidden to make noise in the courtroom, pay attention to the order of the courtroom!"

however……

As soon as he finished speaking, Lin Jia, who was already noisy and red-eyed, not only did not restrain himself, but turned his head suddenly, and cursed at him: "What the hell is your name!"

As soon as this remark came out, the audience suddenly fell into a deathly silence.

Countless eyes fell on Lin Jia, and an idea appeared in everyone's mind.

This man is finished.

In the auditorium, Jiang Bai couldn't help but widen his eyes.

Among the many warriors he had seen, this one was definitely the one with amazing bones.

He insulted the judge in public!

Isn't this pure death?
"Fuck! How brave!"

Du Cheng swallowed, and sighed with emotion in a low voice.

In his career, he has seen defendants withdraw their confessions temporarily, he has seen defendants backstab each other frantically, and he has also seen defendants and plaintiffs quarrel in court or even directly engage in sex.

but……

He really had never seen anyone who dared to insult a judge.

This is definitely the first time ever.

"Then...then what..."

Lin Jia came back to her senses, her face turned pale with fright, and she quickly explained: "Your Honor, I, I didn't do it on purpose...I didn't mean to scold you, I really didn't, I, I, I..."

His voice was trembling, and his speech was a little incoherent.

She was scared to death.

As for Gao Donglin on the side, he tightly covered his mouth, for fear that if he accidentally said the wrong thing, he would get burned again.

On the platform, the judge's face was livid.

He started as a clerk and has been the presiding judge. He has worked in the court for more than 20 years, and this is the first time he has been insulted in court.

This defendant is simply lawless!
The judge took a deep breath, forced to suppress his inner anger, and said in a deep voice, "This is a court, not a vegetable market!"

"Don't make any noise! ​​If you have anything to say, say it one by one!"

"If you continue to disturb the order of the court and interfere with the trial, you will all bear legal responsibility!"

Hearing this, Lin Jia shrank her neck in fright, not daring to beep any more.

Seeing this, Gao Donglin found an opportunity and quickly began to make a statement.

"Your Honor, let's talk about letting the dog bite the court staff first. That's Lin Jia's order. Everyone who was present at the time can testify..."

Lin Jia's teeth itch with anger.

If eyes could kill, Gao Donglin would have died at least six or seven times.

But who made Lin Jia say the wrong thing just now?

Now I can only watch Gao Donglin output freely over there, not even daring to fart.

As for the legal aid lawyers of the two, they both sat on the chairs with low eyebrows, without saying a word, and their faces were full of lovelessness.

They are also very helpless when they encounter such parties.

According to Article [-] of the Criminal Law, the crime of disrupting the order of the court refers to the act of gathering crowds to make noise, storming the court, or beating, insulting, slandering, threatening judicial staff or litigation participants, refusing to stop the court, and seriously disrupting the order of the court. .

The behavior of Gao Donglin and his wife just now has been suspected of disrupting the order of the court.

Even if it did not reach the level of establishing a crime, at least it made the collegial panel have a very bad impression of them, especially Lin Jia who insulted the judge in public.

In this case, commutation will become extremely difficult!

Even if it is the kind of barrister who has been famous for a long time and has rich experience, there is not much room for development, not to mention that the two legal aid lawyers are both under 30 years old, and they are really helpless.

It's better to be a mascot with peace of mind and let the defendant do it himself.

After the two defendants made statements one after another, the judge said in a deep voice: "In view of the conflicts in the statements of the two defendants, we are now launching a court investigation on the content of the dispute between the two parties. Both parties are requested to present evidence to cross-examine!"

After the words fell, the public prosecutor began to submit evidence.

In fact, it is not difficult to prove that the defendant is guilty. The difficulty lies in the proportion of the two defendants' respective responsibilities.

So here's the big deal.

The two insisted on their own words, refused to give in to each other, and their faces were red from the quarrel.

But they couldn't come up with any substantive evidence.

The only thing that can clearly define the division of responsibility is the crime of obstructing public affairs.

At that time, the executors and the bailiffs who were on the mission appeared in court successively, which can indeed prove that Lin Jia issued the order to let the dogs bite people.

But the dog was indeed brought back by Gao Donglin.

And at this juncture, bringing the dog back, one has to suspect that he has subjective malice and premeditation against law enforcement.

Therefore, the two fought back and forth, but no one was settled, and it was all the main responsibility!
On this basis, the division of responsibilities for the crime of refusal to execute is also clarified.

After all, Gao Donglin and his wife interfered with public affairs and resisted the law in order to refuse to implement the judgment and ruling!
Therefore, in terms of the division of the crime of refusal to execute, both of them are equally responsible!
As for the crimes of illegal trespass and embezzlement, it is hard to say.

The two quarreled fiercely and refused to budge an inch, but they couldn't produce any evidence in their favor.

And it is often repeated.

The whole trial court was noisy, and the judges and jurors had big heads.

The morning passed quickly, the court was adjourned for an hour in the middle, and continued in the afternoon.

This time, the judge deliberately sped up the process.

If the two are allowed to continue arguing, there will be no result until next year.

Although the court investigation process was very chaotic, the judge still captured some key information from it.

In this case, the sentencing of the crime of illegal intrusion into the house and the crime of embezzlement are actually not much different, and it can even be said that there is almost no difference.

Taking the former as an example, no matter who first proposed the idea, both of them actually constituted the criminal facts of illegal trespass.

And refused to quit under the repeated requests of the owner of the house, neither of them could escape the responsibility.

For the crime of embezzlement, the sentencing mainly depends on the amount.

The house, 200 million, is nothing to dispute.

Did Gao Donglin occupy it?

Lin Jia also took it, right?

That's enough, just like other crimes, in this crime, both of them are the main culprits!

Finally, after unraveling and scrutinizing, the collegial panel has thoroughly investigated and fully grasped all the details of the case.

"Boom-"

The sound of the hammer falling echoed in the courtroom.

Gao Donglin and Lin Jia shuddered at the same time, stood up quickly, and lowered their heads, not daring to look.

The public prosecutor, lawyers, audience and others all stood up at this moment.

The judge held the verdict in both hands and began to read:
"The criminal trial division of Yecheng People's Court has completed the trial of Gao Donglin and Lin Jia's case of embezzling real estate and obstructing public affairs."

"The two defendants forcibly opened the victim's house without permission and lived in it for half a year. The victim refused to move out after many consultations with them..."

"The facts of the crime are clear and the evidence is indeed sufficient."

"Make the following judgment first!"

"Gudu!"

Lin Jia swallowed hard, feeling her mouth dry.

His hands clutched the corners of his clothes tightly, and his palms were full of cold sweat.

Gao Donglin was not much better either, his face was pale and his breathing was short of breath.

"Defendant Gao Donglin was convicted of the crimes of obstructing public affairs, illegal intrusion into a house, refusal to execute a judgment or judgment, and the crime of embezzlement. Confiscate all property!"

"Defendant Lin Jia was established... and punished for several crimes. He was sentenced to 18 years in prison and all property was confiscated!"

"In addition, the two defendants need to compensate the attached civil plaintiff for economic losses, totaling 2 yuan."

"The above judgment will come into effect from the date of trial and will be executed immediately!"

"If the defendant is not satisfied with this judgment, he may appeal to the people's court at the next higher level within [-] days."

"Boom!"

The gavel fell heavily again, and the sound kept echoing.

The entire courtroom fell silent.

 I will go back to my hometown tomorrow to inspect the house and deal with household registration, social security and other matters. The next update may be unstable, so let everyone know in advance.

  After these few days of busy work, I should increase the update efforts. The house will be renovated in the spring of the coming year, and the money has not been settled yet...

  
 
(End of this chapter)

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