Chapter 44
When Zhang Wei sat in the defendant's lawyer's seat and saw Luo Fei opposite him, he was immediately stunned.
If Zhang Wei's rank in the judiciary is a diamond, then...
Luo Fei is the strongest king with at least 2000 points!
When Zhang Wei was a carefree student at the University of Political Science and Law, Luo Fei was already famous and even gave several lectures at the former university.
He never thought that one day, he would face off against such an industry leader.
Can……
why?
With Luo Fei's rank, he should disdain to accept such a small case of online defamation.
Isn't this a cannon hitting mosquitoes?
Zhang Wei expressed his incomprehension.
How could he know that today's trial was just an appetizer.
There are one hundred and eight heroes waiting for trial.
At this time, Luo Fei raised his eyes and looked over.
His face is expressionless, his eyes are calm, and the light of wisdom is reflected in the mirror.
It looks like a gentle professor and scholar.
But Zhang Wei suddenly felt as if he was being targeted by a wild beast.
Immediately, I felt like I was sitting on pins and needles, like a thorn on my back, like walking on thin ice, like a stick in my throat...
He suddenly thought of the rumors about Luo Dazhuang in the Jianghu.
What abnormal performance, normal performance, supernormal performance, extreme performance and so on.
It's scary just thinking about it.
Zhang Wei twitched the corners of his mouth, squeezed out a smile uglier than crying, and nodded to Luo Fei.
For this,
Luo Fei just narrowed his eyes slightly, and gently pushed the glasses frame.
Zhang Wei's eyes flickered, and he lowered his head slowly.
He really didn't have the confidence to continue to face that knife-like gaze.
"The moment we looked into each other's eyes, he knew he had lost." Luo Fei opened his mouth slightly and said calmly.
Ginger white: ()
This is a good pretend, I give full marks.
"Hehe, Lawyer Zhang, you look a little pale."
A slightly teasing voice came to Zhang Wei's ears.
Zhang Wei turned his head and saw Chen Mengzhe's unbeaten face, obviously gloating.
"Lawyer Chen, you might as well worry about yourself," Zhang Wei said.
"Ha ha!"
Chen Mengzhe laughed twice.
Although I can't beat Luo Dazhuang, as long as you can't beat Luo Dazhuang, then I will be happy.
Soon, it was close to ten o'clock.
The judge and jurors entered the courtroom.
When the judge saw Luo Fei on the plaintiff's seat, he was obviously taken aback.
Insignificantly, he nodded slightly.
Subsequently,
"Boom!"
The gavel fell and the court officially began.
Before that, Jiang Bai made it clear that he would never mediate, so he omitted this step and went straight to the trial.
The clerk got up to read the court discipline and verified the identities of everyone...
This is a fixed procedure in court.
Then, it was officially started.
Luo Fei read out the indictment and sued Wei Donghua, Ma Li, and Jiao Shengmei for defamation and insult, and the circumstances were serious. He hoped that the judge would give him a heavier sentence.
The claim is that the three defendants should be sentenced to three years in prison and each should compensate the victim for mental damage of 20000 yuan.
Hearing Luo Fei's lawsuit, the three of Wei Donghua became visibly excited.
Three years!
This far exceeded their psychological expectations.
Originally thought it would be a year and a half at most.
Zhang Wei's face changed slightly.
As expected of Luo Dazhuang, he was really sharp!
But I, Zhang Wei, am also a professional lawyer, so I will not admit defeat so easily.
Let's have a hearty duel, Luo Dazhuang!
Zhang Wei rekindled his fighting spirit, his eyes gradually brightened, and his thoughts gradually became clearer.
Wei Donghua faces two charges, one for defamation and the other for insult.
In the case of defamation, the facts are clear, the evidence is sufficient, and there is no possibility of innocence defense, so we can only find ways to defend by reducing the sentence.
And Zhang Wei already has a strategy.
Still start from the aspect of the main offender and the accessory offender.
After all, in the trial the day before, Ma Li was identified as the principal culprit of the crime of picking quarrels and provoking trouble, and the crime of picking quarrels and provoking trouble corresponds to the same crime, so it is easy to label her as the principal culprit again in this lawsuit , In this way, Wei Donghua's sentence will naturally be reduced.
In addition, there is a lot to do in the crime of insult.
Zhang Wei took the lead: "Our client confessed to defaming the plaintiff, but in this criminal fact, our client was induced by the No. 2 defendant and encouraged by the No. 3 defendant to make a wrong decision. "
"I request that Your Excellency, the judge, and all the jurors consider the previous day's judgment on the principal offender and accessory offender in the crime of picking quarrels and provoking trouble, and determine that the party involved is an accessory offender and give a lighter sentence."
Hearing this, Mary became anxious immediately.
But Chen Mengzhe gave her a reassuring look.
Sit firmly on the Diaoyutai without panicking.
On the opposite side is Luo Dazhuang.
Yesterday's tricks may not be effective today.
Sure enough, as soon as Zhang Wei finished speaking, Luo Fei started to fight back: "The main criminal and the accessory criminal are generally identified according to their role in the joint crime, but our prosecution is not to prosecute the three at the same time, but to prosecute them separately."
"The three defendants slandered our client separately. They each completed independent criminal facts. Each of them is the subject of tort liability, so there is no distinction between the principal offender and the accomplice."
"Or,"
Luo Fei paused for a moment, and slowly spit out a few words: "Three of them are the main culprits!"
Jiang Bai suddenly showed an expression of "it's okay to be like this".
He couldn't help giving Luo Fei a thumbs up in his heart.
With these few words, he directly drew his salary from the bottom of the pot.
I don't tell you how to distinguish and define the principal offender and the accessory offender at all, but cut off the judgment of the main offender and the accessory offender from the source.
"Luo Dazhuang's fighting strength is really extraordinary. My fighting strength is only 500, and his fighting strength is at least [-]."
Zhang Wei's face darkened, thinking secretly.
Beside, Chen Mengzhe's smile deepened.
That's it!
I can lose, but you must not win.
Everyone loses together.
Anyway, losing to Luo Dazhuang is not ashamed.
Of course, Zhang Wei did not give up so easily. He quickly reorganized his thoughts, organized his words, and began to argue.
But... he was soon pressed and rubbed by Luo Dazhang on the ground.
Luo Da's adverbial speech is fast, his voice is loud and clear, and he is not only familiar with the legal provisions, but also can be perfectly applied to the current case.
Zhang Wei was able to make two gestures at the beginning, but soon he was defeated like a mountain.
He was speechless and sweating profusely after being refuted by Luo Dazhuang.
This is completely a dimensionality reduction blow.
In just a few minutes of debate, Zhang Wei received tens of thousands of critical hits.
The path of the main criminal and the accessory criminal was completely blocked by Luo Dazhuang.
Zhang Wei had no choice but to regroup and start from the crime of insult.
"The crime of insult is a crime of circumstances. The perpetrator's behavior of publicly insulting others must reach the level of 'serious circumstances' before it constitutes a crime."
"Our party's inappropriate remarks did infringe the plaintiff's right of reputation and meet the standard of defamation, but they are not insulting, and they are far from the seriousness of the circumstances."
Zhang Wei glanced at Luo Fei, and continued:
"Therefore, I believe that the prosecution lawyer's accusation of insulting our client is a completely false allegation."
The judge looked at the plaintiff's seat and said, "Plaintiff's lawyer, what do you want to say about this?"
Luo Fei got up unhurriedly, and said: "Because of the defendant's behavior, our client has been subjected to extremely serious cyber violence, telephone bombardment, text message bombardment, and numerous negative comments on major social platforms, which have seriously affected our client. Isn't this considered a serious case?"
"Because of this incident, my client's mental state is extremely poor, and he even lost his job. Isn't this considered serious?"
"The behavior of the three defendants has seriously violated our client's right of reputation and caused extremely serious psychological harm to our client. Isn't this considered serious?"
Luo Fei's three consecutive rhetorical questions left Zhang Wei speechless.
Immediately afterwards, Luo Fei said again:
"In this tort, the perpetrator carried out a criminal act with a subjective intention, but committed two or more crimes at the same time. This applies to the 'imaginative coincidence' mentioned in the law."
"The objects of insult and defamation are both the personality and reputation of our party, and the two crimes are the same crime. At this time, there is an imaginary overlap between the crime of insult and the crime of defamation."
"In this regard, it should be regarded as a subjective intentional crime and severely punished!"
Imagine competing!
It turned out that Luo Dazhuang's real center of gravity was here.
Severe punishment, maximum sentence!
Zhang Wei sighed inwardly.
Naturally, he also knows about imaginative competition, or every qualified legal practitioner is familiar with it.
But what you know is what you know, and whether it can be really applied to practical examples is the key to truly distinguishing strength.
Obviously, Luo Dazhuang has reached the level of getting back to the basics and doing things at his fingertips.
I can't accept it.
Zhang Wei gritted his teeth, and said bravely: "Our client did commit a crime, but she has fully realized her mistake afterwards, and actively clarified it on the Internet to make up for her mistakes, which is enough to show that my client has repentance. My heart, I also ask Your Excellency to give a lighter sentence."
Luo Dazhang sneered and said, "A heart of repentance? To make up for her mistakes? If her series of behaviors happened before our client called the police, it would be counted, but all these behaviors happened when she was already in criminal detention and the evidence was solid. How does this count as remorse?"
That's it!
Jiang Bai yelled frantically in his heart: Don't let them live!
The current situation of the trial is actually very clear.
Zhang Wei has a two-pronged approach, blooming on both sides.
In the end, he was intercepted by Luo Dazhuang from left to right, and he broke the move easily.
The judge couldn't stand it anymore, and knocked the gavel to end the court debate.
Zhang Wei suddenly felt relieved.
This is not a debate, it is completely unilateral crushing!
Too tormented.
And Chen Mengzhe looked like he didn't see enough excitement.
He learned a lot from this duel.
Sure enough, there is still a lot of room for improvement!
The judge looked at Jiang Bai and said, "The plaintiff, please make a final statement."
Jiang Bai got up and said: "Since being raped by the Internet, I can't sleep every night, and I don't think about eating and drinking. I feel like I am jaded..."
This wave,
This wave of score gap is too big, the game has entered garbage time, and Jiang Bai's statement is irrelevant.
So he was not eloquent.
The judge looked at the defendant, "The three defendants, please make their final statements in turn."
Wei Donghua: "I plead guilty, I plead guilty to all, and I am willing to actively compensate and sincerely apologize..."
Ma Li: "I confess to the crimes accused by the prosecution lawyer and have no objection. I have deeply realized my mistakes..."
Jiao Shengmei: "I plead guilty..."
The three of them didn't dare to do anything foolish.
All actively pleaded guilty and asked for a lighter sentence.
After the presentation, the court adjourned for half an hour.
Soon, the adjournment is over.
The judge pronounced the sentence in court.
The three defendants were all sentenced to three years in prison and compensated the plaintiff for mental loss, reputation loss and other expenses totaling 20000 yuan.
For this result, Jiang Bai expressed his satisfaction.
Just as I was about to leave, I heard a quarrel...
Thanks to book friends 20170509220356365 for rewarding
(End of this chapter)
When Zhang Wei sat in the defendant's lawyer's seat and saw Luo Fei opposite him, he was immediately stunned.
If Zhang Wei's rank in the judiciary is a diamond, then...
Luo Fei is the strongest king with at least 2000 points!
When Zhang Wei was a carefree student at the University of Political Science and Law, Luo Fei was already famous and even gave several lectures at the former university.
He never thought that one day, he would face off against such an industry leader.
Can……
why?
With Luo Fei's rank, he should disdain to accept such a small case of online defamation.
Isn't this a cannon hitting mosquitoes?
Zhang Wei expressed his incomprehension.
How could he know that today's trial was just an appetizer.
There are one hundred and eight heroes waiting for trial.
At this time, Luo Fei raised his eyes and looked over.
His face is expressionless, his eyes are calm, and the light of wisdom is reflected in the mirror.
It looks like a gentle professor and scholar.
But Zhang Wei suddenly felt as if he was being targeted by a wild beast.
Immediately, I felt like I was sitting on pins and needles, like a thorn on my back, like walking on thin ice, like a stick in my throat...
He suddenly thought of the rumors about Luo Dazhuang in the Jianghu.
What abnormal performance, normal performance, supernormal performance, extreme performance and so on.
It's scary just thinking about it.
Zhang Wei twitched the corners of his mouth, squeezed out a smile uglier than crying, and nodded to Luo Fei.
For this,
Luo Fei just narrowed his eyes slightly, and gently pushed the glasses frame.
Zhang Wei's eyes flickered, and he lowered his head slowly.
He really didn't have the confidence to continue to face that knife-like gaze.
"The moment we looked into each other's eyes, he knew he had lost." Luo Fei opened his mouth slightly and said calmly.
Ginger white: ()
This is a good pretend, I give full marks.
"Hehe, Lawyer Zhang, you look a little pale."
A slightly teasing voice came to Zhang Wei's ears.
Zhang Wei turned his head and saw Chen Mengzhe's unbeaten face, obviously gloating.
"Lawyer Chen, you might as well worry about yourself," Zhang Wei said.
"Ha ha!"
Chen Mengzhe laughed twice.
Although I can't beat Luo Dazhuang, as long as you can't beat Luo Dazhuang, then I will be happy.
Soon, it was close to ten o'clock.
The judge and jurors entered the courtroom.
When the judge saw Luo Fei on the plaintiff's seat, he was obviously taken aback.
Insignificantly, he nodded slightly.
Subsequently,
"Boom!"
The gavel fell and the court officially began.
Before that, Jiang Bai made it clear that he would never mediate, so he omitted this step and went straight to the trial.
The clerk got up to read the court discipline and verified the identities of everyone...
This is a fixed procedure in court.
Then, it was officially started.
Luo Fei read out the indictment and sued Wei Donghua, Ma Li, and Jiao Shengmei for defamation and insult, and the circumstances were serious. He hoped that the judge would give him a heavier sentence.
The claim is that the three defendants should be sentenced to three years in prison and each should compensate the victim for mental damage of 20000 yuan.
Hearing Luo Fei's lawsuit, the three of Wei Donghua became visibly excited.
Three years!
This far exceeded their psychological expectations.
Originally thought it would be a year and a half at most.
Zhang Wei's face changed slightly.
As expected of Luo Dazhuang, he was really sharp!
But I, Zhang Wei, am also a professional lawyer, so I will not admit defeat so easily.
Let's have a hearty duel, Luo Dazhuang!
Zhang Wei rekindled his fighting spirit, his eyes gradually brightened, and his thoughts gradually became clearer.
Wei Donghua faces two charges, one for defamation and the other for insult.
In the case of defamation, the facts are clear, the evidence is sufficient, and there is no possibility of innocence defense, so we can only find ways to defend by reducing the sentence.
And Zhang Wei already has a strategy.
Still start from the aspect of the main offender and the accessory offender.
After all, in the trial the day before, Ma Li was identified as the principal culprit of the crime of picking quarrels and provoking trouble, and the crime of picking quarrels and provoking trouble corresponds to the same crime, so it is easy to label her as the principal culprit again in this lawsuit , In this way, Wei Donghua's sentence will naturally be reduced.
In addition, there is a lot to do in the crime of insult.
Zhang Wei took the lead: "Our client confessed to defaming the plaintiff, but in this criminal fact, our client was induced by the No. 2 defendant and encouraged by the No. 3 defendant to make a wrong decision. "
"I request that Your Excellency, the judge, and all the jurors consider the previous day's judgment on the principal offender and accessory offender in the crime of picking quarrels and provoking trouble, and determine that the party involved is an accessory offender and give a lighter sentence."
Hearing this, Mary became anxious immediately.
But Chen Mengzhe gave her a reassuring look.
Sit firmly on the Diaoyutai without panicking.
On the opposite side is Luo Dazhuang.
Yesterday's tricks may not be effective today.
Sure enough, as soon as Zhang Wei finished speaking, Luo Fei started to fight back: "The main criminal and the accessory criminal are generally identified according to their role in the joint crime, but our prosecution is not to prosecute the three at the same time, but to prosecute them separately."
"The three defendants slandered our client separately. They each completed independent criminal facts. Each of them is the subject of tort liability, so there is no distinction between the principal offender and the accomplice."
"Or,"
Luo Fei paused for a moment, and slowly spit out a few words: "Three of them are the main culprits!"
Jiang Bai suddenly showed an expression of "it's okay to be like this".
He couldn't help giving Luo Fei a thumbs up in his heart.
With these few words, he directly drew his salary from the bottom of the pot.
I don't tell you how to distinguish and define the principal offender and the accessory offender at all, but cut off the judgment of the main offender and the accessory offender from the source.
"Luo Dazhuang's fighting strength is really extraordinary. My fighting strength is only 500, and his fighting strength is at least [-]."
Zhang Wei's face darkened, thinking secretly.
Beside, Chen Mengzhe's smile deepened.
That's it!
I can lose, but you must not win.
Everyone loses together.
Anyway, losing to Luo Dazhuang is not ashamed.
Of course, Zhang Wei did not give up so easily. He quickly reorganized his thoughts, organized his words, and began to argue.
But... he was soon pressed and rubbed by Luo Dazhang on the ground.
Luo Da's adverbial speech is fast, his voice is loud and clear, and he is not only familiar with the legal provisions, but also can be perfectly applied to the current case.
Zhang Wei was able to make two gestures at the beginning, but soon he was defeated like a mountain.
He was speechless and sweating profusely after being refuted by Luo Dazhuang.
This is completely a dimensionality reduction blow.
In just a few minutes of debate, Zhang Wei received tens of thousands of critical hits.
The path of the main criminal and the accessory criminal was completely blocked by Luo Dazhuang.
Zhang Wei had no choice but to regroup and start from the crime of insult.
"The crime of insult is a crime of circumstances. The perpetrator's behavior of publicly insulting others must reach the level of 'serious circumstances' before it constitutes a crime."
"Our party's inappropriate remarks did infringe the plaintiff's right of reputation and meet the standard of defamation, but they are not insulting, and they are far from the seriousness of the circumstances."
Zhang Wei glanced at Luo Fei, and continued:
"Therefore, I believe that the prosecution lawyer's accusation of insulting our client is a completely false allegation."
The judge looked at the plaintiff's seat and said, "Plaintiff's lawyer, what do you want to say about this?"
Luo Fei got up unhurriedly, and said: "Because of the defendant's behavior, our client has been subjected to extremely serious cyber violence, telephone bombardment, text message bombardment, and numerous negative comments on major social platforms, which have seriously affected our client. Isn't this considered a serious case?"
"Because of this incident, my client's mental state is extremely poor, and he even lost his job. Isn't this considered serious?"
"The behavior of the three defendants has seriously violated our client's right of reputation and caused extremely serious psychological harm to our client. Isn't this considered serious?"
Luo Fei's three consecutive rhetorical questions left Zhang Wei speechless.
Immediately afterwards, Luo Fei said again:
"In this tort, the perpetrator carried out a criminal act with a subjective intention, but committed two or more crimes at the same time. This applies to the 'imaginative coincidence' mentioned in the law."
"The objects of insult and defamation are both the personality and reputation of our party, and the two crimes are the same crime. At this time, there is an imaginary overlap between the crime of insult and the crime of defamation."
"In this regard, it should be regarded as a subjective intentional crime and severely punished!"
Imagine competing!
It turned out that Luo Dazhuang's real center of gravity was here.
Severe punishment, maximum sentence!
Zhang Wei sighed inwardly.
Naturally, he also knows about imaginative competition, or every qualified legal practitioner is familiar with it.
But what you know is what you know, and whether it can be really applied to practical examples is the key to truly distinguishing strength.
Obviously, Luo Dazhuang has reached the level of getting back to the basics and doing things at his fingertips.
I can't accept it.
Zhang Wei gritted his teeth, and said bravely: "Our client did commit a crime, but she has fully realized her mistake afterwards, and actively clarified it on the Internet to make up for her mistakes, which is enough to show that my client has repentance. My heart, I also ask Your Excellency to give a lighter sentence."
Luo Dazhang sneered and said, "A heart of repentance? To make up for her mistakes? If her series of behaviors happened before our client called the police, it would be counted, but all these behaviors happened when she was already in criminal detention and the evidence was solid. How does this count as remorse?"
That's it!
Jiang Bai yelled frantically in his heart: Don't let them live!
The current situation of the trial is actually very clear.
Zhang Wei has a two-pronged approach, blooming on both sides.
In the end, he was intercepted by Luo Dazhuang from left to right, and he broke the move easily.
The judge couldn't stand it anymore, and knocked the gavel to end the court debate.
Zhang Wei suddenly felt relieved.
This is not a debate, it is completely unilateral crushing!
Too tormented.
And Chen Mengzhe looked like he didn't see enough excitement.
He learned a lot from this duel.
Sure enough, there is still a lot of room for improvement!
The judge looked at Jiang Bai and said, "The plaintiff, please make a final statement."
Jiang Bai got up and said: "Since being raped by the Internet, I can't sleep every night, and I don't think about eating and drinking. I feel like I am jaded..."
This wave,
This wave of score gap is too big, the game has entered garbage time, and Jiang Bai's statement is irrelevant.
So he was not eloquent.
The judge looked at the defendant, "The three defendants, please make their final statements in turn."
Wei Donghua: "I plead guilty, I plead guilty to all, and I am willing to actively compensate and sincerely apologize..."
Ma Li: "I confess to the crimes accused by the prosecution lawyer and have no objection. I have deeply realized my mistakes..."
Jiao Shengmei: "I plead guilty..."
The three of them didn't dare to do anything foolish.
All actively pleaded guilty and asked for a lighter sentence.
After the presentation, the court adjourned for half an hour.
Soon, the adjournment is over.
The judge pronounced the sentence in court.
The three defendants were all sentenced to three years in prison and compensated the plaintiff for mental loss, reputation loss and other expenses totaling 20000 yuan.
For this result, Jiang Bai expressed his satisfaction.
Just as I was about to leave, I heard a quarrel...
Thanks to book friends 20170509220356365 for rewarding
(End of this chapter)
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