Lawyer
Chapter 332 Objection!
Chapter 332 Objection!
"Oh, I see. It seems that the lawyer industry not only needs skills, but also contacts, and more importantly, people's character. It depends on whether the patriarch rewards the meal." Li Shuming looked clear.
"Well, when I was studying for a Ph.D., a classmate decided to go to the school to become a teacher after careful consideration. He has a boring personality and is not very good at dealing with people, so he can't be a lawyer." Fang Yi interjected.
"Well, I won't bother you guys while you're soaking." Li Shuming got up and left the bathroom.
"Old Huang, if you didn't come out back then, would you still be able to get along now? Your colleagues should all be promoted!" Ma Yi chatted.
"Well, quite a few people have been promoted, and the highest is at the department level." Huang Yuanchao said.
"Okay, old Huang. I've never heard you say that there is such a hard way! Make an appointment someday, let's get to know each other." Ma Yi pushed Huang Yuanchao and said.
"It's not easy to handle." Huang Yuanchao smacked his mouth, pretending.
"If there's anything difficult, you can choose any restaurant in the city. If I come to make a reservation, I won't believe it..." Ma Yi said with a look of reluctance.
"They wanted to come up with it, but the Prison Management Bureau disagreed!" Huang Yuanchao gave Ma Yidao a sideways glance.
"Prison Administration Bureau..." Ma Yi was stunned.
"If I didn't come out to be a lawyer back then, I guess I would have to squat in it now. The country's anti-corruption campaign, if you catch a line, no one can get away!" Huang Yuanchao finished speaking and submerged his head in the water.
"What a waste, a high-risk industry!" Ma Yi looked at Fang Yi in disbelief.
At ten o'clock, Huang Yuanchao put on his clothes and went home. When he went to the front desk to check out, he was told that Mr. Li had paid the bill.Li Shuming thought that Huang Yuanchao and Ma Yi were very interesting, and they were very enthusiastic about answering questions, so he greeted the little girl at the front desk and gave Fang Yi's two friends free orders.
Not long after, Zhou Guang's case came to a verdict. Fang Yi drove to the county court to get the verdict, then sent the verdict to Zhouzhuang Village and handed it over to Zhou Junshan.
"Lawyer Fang, the court sentenced my father to six years in prison. Is my father going to be sent to prison now? Can I visit him now?" Zhou Junshan asked.
"Currently the verdict has not yet come into effect. According to the law, your father's criminal verdict needs to be reported to the Supreme Court for approval. Your father will be sent to prison only after being approved.
But I think the six-year sentence is still a bit long. Are you considering appealing? "Fang Yi said.
"How much will it cost to appeal?" Zhou Junshan asked after a moment of silence.
"The lawyer's fee for the second instance is 1 yuan." Fang Yi said.
When Zhou Junshan heard that it was asking for 1 yuan, he lost his mind and looked at Director Zhou beside him.
1 yuan is not a small number. Although Zhou Junshan's family has no worries about food and drink, it may be a bit difficult to pay for real money.His mother is still in the hospital and has just paid the second hospitalization fee.
"Lawyer Fang, let's discuss it and write to you later. Let's have dinner first," Director Zhou said.
Fang Yi understands the difficulties of the Fang family, so he can only do this first.
On the last day of the appeal period, Fang Yi called the judge. The judge told Fang Yi that the procuratorate had not protested and the defendant had not filed an appeal. The court was ready to report to the Supreme Court.
To be honest, Fang Yi really felt that the county court's judgment on Zhou Guang was too harsh, but he had no choice but to appeal if the client didn't want to appeal.
The weather in May is already hot, Cao Xiaohui is getting more and more busy, and has no time to take care of her son Fang Anzhi. Fang Yi likes to take Xiaozhi back to the village when he has nothing to do. The air in the village is good and the temperature is lower, so it is comfortable to live in.
On this day, Fang Yi came to the tenth trial court of the District Court. Today is the day when Yang Xu's rape case will start.Yang Xu's father, Yang Baoshan, did not attend the hearing, not because he didn't care about his son, but because this was a rape case involving personal privacy, and the court closed the trial.Sitting opposite Fang Yi were two young female prosecutors.
"...We believe that the defendant Yang Xu took the victim Xu Min to the hotel, intending to have sexual relations with the victim against the will of the victim, but the victim resisted by covering his lower body, so that the defendant Yang Xu failed to do so. The behavior of the defendant Yang Xu It has violated the provisions of Article 230 of the Criminal Law, which constitutes the crime of rape.
In view of the defendant's attempted rape, we recommend that the defendant be sentenced to three years in prison in accordance with the provisions of Article 20 of No. [-] of the Criminal Law.complete! " said the female prosecutor.
(Article 230 of the "Criminal Law", "Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."
Article 20 of No.[-] of the "Criminal Law", "Where a crime has already been committed and fails due to reasons other than the criminal's will, it is an attempted crime. For an attempted crime, the punishment may be lighter or mitigated compared with the completed crime.")
Before Fang Yi went to the procuratorate to communicate with the prosecutors about the case, although the prosecutors agreed with most of Fang Yi's opinions, the two sides disagreed on whether Yang Xu's behavior was attempted or suspended.Prosecutors insisted that Yang Xu's behavior was an attempt, so the indictment was based on the sentence suggested by the attempt.
"Defendant Yang Xu, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the charges and criminal facts in the indictment?" said the presiding judge.
"Listen clearly, there is an objection. I am not an attempted rape, I voluntarily gave up, and my behavior should be considered a criminal suspension." Yang Xu argued.
During the meeting with Fang Yi before, he explained the difference between attempted rape and rape suspension, and also explained the defense plan. Yang Xu is a smart man, and Fang Yi doesn't need to say anything, he naturally knows what to do.
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.
"Defendant Yang Xu, did you bring the victim Xu Min to the hotel?" asked the female prosecutor.
"Yes." Yang Xu said.
"What was the state of the two of you at the time?" the female prosecutor then asked.
"We drank a lot in the bar, but our consciousness is still clear," Yang Xu said.
"After entering the hotel room, what did you do?" asked the female prosecutor.
"I wanted to make out with her, but she refused, and then I forcibly pushed her down and jumped on her... (a hundred words are omitted here)" Yang Xu recounted the situation at that time, which was similar to what Fang Yi told him before. no difference.
"Recall again, did she protect the lower part of the body first, and you couldn't force it, so you gave up?" asked the female prosecutor.
"No! Judge, the prosecutor's question is inductive, and the defendant has the right to refuse to answer it." Fang Yi said immediately without waiting for Yang Xu to speak.
"The public prosecutor pays attention to the way you ask questions. The defendant has the right to refuse to answer this question." The presiding judge frowned and said.
"Okay, I'm done asking my questions." The female prosecutor glanced at Fang Yi with a look of dissatisfaction.
"Does the defendant's defender need to ask the defendant questions?" said the presiding judge.
"Need to ask a question." Fang Yi said.
(End of this chapter)
"Oh, I see. It seems that the lawyer industry not only needs skills, but also contacts, and more importantly, people's character. It depends on whether the patriarch rewards the meal." Li Shuming looked clear.
"Well, when I was studying for a Ph.D., a classmate decided to go to the school to become a teacher after careful consideration. He has a boring personality and is not very good at dealing with people, so he can't be a lawyer." Fang Yi interjected.
"Well, I won't bother you guys while you're soaking." Li Shuming got up and left the bathroom.
"Old Huang, if you didn't come out back then, would you still be able to get along now? Your colleagues should all be promoted!" Ma Yi chatted.
"Well, quite a few people have been promoted, and the highest is at the department level." Huang Yuanchao said.
"Okay, old Huang. I've never heard you say that there is such a hard way! Make an appointment someday, let's get to know each other." Ma Yi pushed Huang Yuanchao and said.
"It's not easy to handle." Huang Yuanchao smacked his mouth, pretending.
"If there's anything difficult, you can choose any restaurant in the city. If I come to make a reservation, I won't believe it..." Ma Yi said with a look of reluctance.
"They wanted to come up with it, but the Prison Management Bureau disagreed!" Huang Yuanchao gave Ma Yidao a sideways glance.
"Prison Administration Bureau..." Ma Yi was stunned.
"If I didn't come out to be a lawyer back then, I guess I would have to squat in it now. The country's anti-corruption campaign, if you catch a line, no one can get away!" Huang Yuanchao finished speaking and submerged his head in the water.
"What a waste, a high-risk industry!" Ma Yi looked at Fang Yi in disbelief.
At ten o'clock, Huang Yuanchao put on his clothes and went home. When he went to the front desk to check out, he was told that Mr. Li had paid the bill.Li Shuming thought that Huang Yuanchao and Ma Yi were very interesting, and they were very enthusiastic about answering questions, so he greeted the little girl at the front desk and gave Fang Yi's two friends free orders.
Not long after, Zhou Guang's case came to a verdict. Fang Yi drove to the county court to get the verdict, then sent the verdict to Zhouzhuang Village and handed it over to Zhou Junshan.
"Lawyer Fang, the court sentenced my father to six years in prison. Is my father going to be sent to prison now? Can I visit him now?" Zhou Junshan asked.
"Currently the verdict has not yet come into effect. According to the law, your father's criminal verdict needs to be reported to the Supreme Court for approval. Your father will be sent to prison only after being approved.
But I think the six-year sentence is still a bit long. Are you considering appealing? "Fang Yi said.
"How much will it cost to appeal?" Zhou Junshan asked after a moment of silence.
"The lawyer's fee for the second instance is 1 yuan." Fang Yi said.
When Zhou Junshan heard that it was asking for 1 yuan, he lost his mind and looked at Director Zhou beside him.
1 yuan is not a small number. Although Zhou Junshan's family has no worries about food and drink, it may be a bit difficult to pay for real money.His mother is still in the hospital and has just paid the second hospitalization fee.
"Lawyer Fang, let's discuss it and write to you later. Let's have dinner first," Director Zhou said.
Fang Yi understands the difficulties of the Fang family, so he can only do this first.
On the last day of the appeal period, Fang Yi called the judge. The judge told Fang Yi that the procuratorate had not protested and the defendant had not filed an appeal. The court was ready to report to the Supreme Court.
To be honest, Fang Yi really felt that the county court's judgment on Zhou Guang was too harsh, but he had no choice but to appeal if the client didn't want to appeal.
The weather in May is already hot, Cao Xiaohui is getting more and more busy, and has no time to take care of her son Fang Anzhi. Fang Yi likes to take Xiaozhi back to the village when he has nothing to do. The air in the village is good and the temperature is lower, so it is comfortable to live in.
On this day, Fang Yi came to the tenth trial court of the District Court. Today is the day when Yang Xu's rape case will start.Yang Xu's father, Yang Baoshan, did not attend the hearing, not because he didn't care about his son, but because this was a rape case involving personal privacy, and the court closed the trial.Sitting opposite Fang Yi were two young female prosecutors.
"...We believe that the defendant Yang Xu took the victim Xu Min to the hotel, intending to have sexual relations with the victim against the will of the victim, but the victim resisted by covering his lower body, so that the defendant Yang Xu failed to do so. The behavior of the defendant Yang Xu It has violated the provisions of Article 230 of the Criminal Law, which constitutes the crime of rape.
In view of the defendant's attempted rape, we recommend that the defendant be sentenced to three years in prison in accordance with the provisions of Article 20 of No. [-] of the Criminal Law.complete! " said the female prosecutor.
(Article 230 of the "Criminal Law", "Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."
Article 20 of No.[-] of the "Criminal Law", "Where a crime has already been committed and fails due to reasons other than the criminal's will, it is an attempted crime. For an attempted crime, the punishment may be lighter or mitigated compared with the completed crime.")
Before Fang Yi went to the procuratorate to communicate with the prosecutors about the case, although the prosecutors agreed with most of Fang Yi's opinions, the two sides disagreed on whether Yang Xu's behavior was attempted or suspended.Prosecutors insisted that Yang Xu's behavior was an attempt, so the indictment was based on the sentence suggested by the attempt.
"Defendant Yang Xu, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the charges and criminal facts in the indictment?" said the presiding judge.
"Listen clearly, there is an objection. I am not an attempted rape, I voluntarily gave up, and my behavior should be considered a criminal suspension." Yang Xu argued.
During the meeting with Fang Yi before, he explained the difference between attempted rape and rape suspension, and also explained the defense plan. Yang Xu is a smart man, and Fang Yi doesn't need to say anything, he naturally knows what to do.
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge said.
"Defendant Yang Xu, did you bring the victim Xu Min to the hotel?" asked the female prosecutor.
"Yes." Yang Xu said.
"What was the state of the two of you at the time?" the female prosecutor then asked.
"We drank a lot in the bar, but our consciousness is still clear," Yang Xu said.
"After entering the hotel room, what did you do?" asked the female prosecutor.
"I wanted to make out with her, but she refused, and then I forcibly pushed her down and jumped on her... (a hundred words are omitted here)" Yang Xu recounted the situation at that time, which was similar to what Fang Yi told him before. no difference.
"Recall again, did she protect the lower part of the body first, and you couldn't force it, so you gave up?" asked the female prosecutor.
"No! Judge, the prosecutor's question is inductive, and the defendant has the right to refuse to answer it." Fang Yi said immediately without waiting for Yang Xu to speak.
"The public prosecutor pays attention to the way you ask questions. The defendant has the right to refuse to answer this question." The presiding judge frowned and said.
"Okay, I'm done asking my questions." The female prosecutor glanced at Fang Yi with a look of dissatisfaction.
"Does the defendant's defender need to ask the defendant questions?" said the presiding judge.
"Need to ask a question." Fang Yi said.
(End of this chapter)
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