Lawyer

Chapter 449 Chapter 488 Chapter 489
"Well, since you have no resources, you can only rely on professional skills to make money, at least for now, do you admit it?" Fang Yi asked.

"Admit." Zhou Ying nodded.

"Well, it's no problem if you want to handle criminal cases with me, but I need a trainee lawyer with strong professional ability, and I don't need an aunt who can clean. Although the words are a bit harsh, the medicine is bitter!

In the future, spend more time on case studies, and don't waste time on chores like cleaning. "Fang Yiyu said earnestly.

He knew Zhou Ying's small thoughts, but he really didn't want trainee lawyers to waste their time serving tea, pouring water, and wiping the tables.

Zhou Ying felt a little hot on her face, she didn't dare to look at Fang Yi directly, and nodded.She knew that Fang Yi was doing it for her own good. Lawyers depended on their professionalism and resources for a living.

"This is Dou Tao's criminal case that you assisted me to sign last time. Take it and read it. Don't lose the case file. If your trainee lawyer certificate can be obtained in a few days, you can submit the formalities to the court and follow I'm going to the court, if I can't make it, there's nothing I can do." Fang Yi said with a smile.

"Okay. Thank you, Attorney Fang." Zhou Ying took the case file and bowed to Fang Yi before leaving the house. Fang Yi couldn't laugh or cry.

In the afternoon, Fang Yi was looking at the case when his cell phone rang, and it was Jiang Xue who called.

"Lawyer Fang, our family, Dou Tao, would like to tell you about the situation. I wonder if you have time." Jiang Xue asked.

"If you have time, tell me." Fang Yi said.

"Lawyer Fang, I'm Dou Tao. That's it. The village came to me again to negotiate with me about returning the contracted land. The village wanted to lease the orchard I contracted to a man named Zhao Feng from a neighboring village.

Yesterday, I went to the village committee, and the three of us met.Zhao Feng is willing to pay 95 yuan to compensate me for the loss of my fruit trees. In addition, I chopped Zhang Dabao before, and Zhang Dabao's medical expenses and nutrition expenses will also be borne by him.

The agreement we signed this morning.Do you think this matter is good for my case? Do you want to take it to court? " Dou Tao asked.

"Well, your case was initiated because of the orchard. Now that the orchard has a settlement result, I suggest that you ask the village to issue you a certificate to prove the final settlement of the orchard.

After you get the certificate, leave a copy for me, and submit one to the county court and one to the county prosecutor's office. "Fang Yi said.

"Okay, I'll go to the village committee to handle the matter right away. I'll hand it in within two days." Dou Tao said.

More than ten days later, Dou Tao's case was opened.

There were six or seven people in the auditorium, including men and women. Jiang Xue was sitting among them. She glanced at Dou Tao in the dock from time to time, her eyes full of apprehension.

On the defense seat, Zhou Ying beside Fang Yi was very complicated. This was the first time she participated in a court hearing after getting her trainee lawyer certificate. She was very excited but also very nervous. Made her feel depressed.

On the way to the court, Fang Yi told her to take notes during the court session and not to speak. Criminal cases are different from civil cases, and trainee lawyers have no right to speak in court.She kept nodding.

The gavel was struck, and the expressions of the judges and prosecutors in the court gave her a slight chill.To be honest, Zhou Ying is a little timid now. Even if she is asked to speak, she doesn't know what to say. At this moment, her mind is blank and her heart is under great pressure.

This time, the county court formed a collegial panel. The presiding judge was a male judge in his forties wearing glasses. Two judges sat on it, one on the left and the other on the right, flipping through the case files from time to time, seemingly absent-minded.

The two prosecutors on the public prosecutor's bench are both female. The one sitting at the top is in her thirties. The colleague next to her looks in her 20s. Both of them wear light makeup and their hair is very fashionable. It's Chinese New Year. The popular hairstyles are probably done by the same hair salon.

At this time, the female prosecutor sitting at the top was reading the indictment impassionedly: "...Because the defendant Dou Tao invaded the village land to plant fruit trees, the village committee organized more than ten people including cadres, security guards and temporary employees Zhang Dabao to the orchard After cutting down the fruit trees and taking back the land, Dou Tao drove away the security guards with a kitchen knife. In the process, two security guards were beaten, and Zhang Dabao was cut by the kitchen knife in Dou Tao's hand.

This court believes that the defendant Dou Tao beat others at will with a murder weapon, causing one person to be slightly injured. He shall be held criminally responsible for the crime of provoking trouble.According to the provisions of Article 290 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.complete! "

What?The crime of picking quarrels and provoking trouble!Isn't the case already remanded by the Intermediate People's Court?How could it be a crime again.Jiang Xue was puzzled, and the panic in her eyes flourished.

Dou Tao in the dock was also taken aback, his heart beating faster, he couldn't help but glance at Fang Yi, and kept chanting Amitabha Buddha in his heart.

Fang Yi signaled him to stabilize with his eyes.

"Defendant Dou Tao, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal charges and facts charged in the indictment?" The presiding judge's tone was extremely cold.

Last time, the case my colleague sentenced was remanded by the intermediate court for retrial, which caused my colleague to be criticized. The evaluation at the end of the year is estimated to be suspended, and whether the bonus can be obtained is a problem.He was also annoyed when the court assigned him the retrial case.

"There are objections. I don't think I constituted a crime. I contracted the orchard and planted the fruit trees. I did not encroach on the village's land. I did it to protect my own property. What is the crime? I do not constitute the crime of picking quarrels and provoking trouble. Dou Tao said with anger in his heart.

Hehe, it makes sense, what are you calling, the presiding judge is very upset.

The prosecutor was also upset: Dou Tao!Dou Tao!It would be great for you to cooperate and get you a probation without going to jail. It saves you trouble, and we save trouble. How great it is to have the best of both worlds.

"The public prosecutor can interrogate the defendant, Dou Tao, on the criminal facts charged in the indictment." said the presiding judge.

"Defendant Dou Tao, did the land contract expire at the time of the case?" the prosecutor asked.

"It's due, but..." Dou Tao was about to explain but was interrupted by the inspector: "Defendant, you can answer whatever I ask you. Needless to say, do you understand?"

"Understood." Dou Tao said.

"When the incident happened, how long had the land contract expired?" asked the prosecutor.

"It's been more than two years." Dou Tao said.

"Over the past two years, who is using the land you contracted before?" the inspector asked.

"I, I have been using it all the time." Dou Tao said.

"Since the land contract has expired, why don't you return the land to the village collective?" the inspector asked.

"I want to continue renting the land..." Dou Tao said.

"Does the village committee agree? You continue to rent the land." The inspector asked without waiting for him to finish.

"Our two sides have not reached an agreement." Dou Tao said.

"Please answer clearly, does the village committee agree with you to renew the lease?" the inspector asked.

"No. The village committee did not explicitly agree to my lease renewal." Dou Tao said.

"After the contract expires, have you paid the land contract fee?" the inspector asked.

"I went to hand it in, but the village confiscated it." Dou Tao said.

"Please answer clearly, did you hand it in, or did you not?" the inspector asked.

"No." Dou Tao hesitated and said.He felt that this was not what he wanted to say, but the inspector never gave him a chance to explain.

"The village committee wants to take back the land you contracted. Did you know before the incident?" the inspector continued to ask.

"I know, the village sent me a notice before." Dou Tao said.

"Was anyone injured when the village committee sent people to your orchard to take back the land?" the inspector asked.

"They came to cut down trees and controlled my wife..." Dou Tao was interrupted by the inspector in the middle of his speech.

"Defendant, you only need to answer yes or no. If you don't ask, you don't need to answer. Let me ask again, are there any injuries?" the inspector asked.

"It exists. I chopped Zhang Dabao with a kitchen knife. I also kicked two security guards." Dou Tao was a little puzzled by the prosecutor's question.

"Presiding judge, the public prosecutor has finished questioning." The prosecutor said.

"Does the defendant's defender need to ask the defendant Dou Tao?" the presiding judge asked.

"Need to ask a question." Fang Yi said.

The prosecutor's questioning just now can easily make people mistakenly think that everything is caused by Dou Tao, that he seized the land and refused to return it. Fang Yi must clarify the facts and let the judge know the truth.

"Defendant Dou Tao, what did you do when the land contract expired?" Fang Yi asked.

"After the land contract expired, I approached the village to discuss the renewal of the lease, but we did not agree on the contract fee.

Later, I kept using the land I contracted before, and the village didn't find me.I went to the village to pay the land use fee, but the village confiscated it.

Later, the village committee sent me a notice asking me to clean up all the objects on the ground and return the land.I thought that everything on the ground is mine. There are so many fruit trees that have been growing for more than ten years, so I can't just cut them down like this. There must be an explanation anyway. " Dou Tao said.

"Defendant, what do you mean by 'there is a statement'?" Fang Yi asked.

"Compensation, I think the village should compensate me.

The land I contracted was wasteland at first, but I planted fruit trees to enrich the land, and I hired people to level the road from the village to the land I contracted. car. " Dou Tao said.

"The village notified you to return the land. Has it talked to you about compensation? Is there any agreement on the disposal of the above-ground objects in the land contract?" Fang Yi asked.

"No, the village didn't talk to me about compensation, and there was no agreement in the contract." Dou Tao said.

"The village committee sent people to take back the land. What happened at that time?" Fang Yi asked.

"At that time, more than a dozen people came from the village, armed with axes, chainsaws and other tools, and said they wanted to cut down fruit trees and clean up the ground.

When my daughter-in-law Jiang Xue saw them cutting fruit trees, she ran to stop them, but was pulled aside by the security guards and told her to squat on the ground and not allowed to get up.

I was anxious at the time. The village cut down trees without mentioning anything. I would definitely not do it, so I ran into the kitchen and picked up the kitchen knife from the chopping board, drove the security guards away, and saved my wife.

I originally wanted to scare them, and after scaring them away, I would go to the village to discuss compensation, but who knew that I injured Zhang Dabao with a swing of the kitchen knife. " Dou Tao said.

"What happened after you hurt someone?" Fang Yi asked.

"Later, the village reported to the police, and I was taken away by the police station and detained for fifteen days. After I got out, I went to Zhang Dabao's house, visited Zhang Dabao's house, apologized, and got Zhang Dabao's forgiveness. He gave me a letter of forgiveness." Dou Tao said.

Fang Yi asked Dou Tao to go to Zhang Dabao to make up for the letter of understanding. Zhang Dabao got nutrition and medical expenses from the subsequent lessee, so naturally he would not make things difficult for Dou Tao.Dou Tao's letter of understanding submitted to the court is now lying in the presiding judge's case file.

"What is the state of that land now? Who is managing it?" Fang Yi asked.

"Not long ago, the village asked me to talk about the land and agreed to give me a certain amount of compensation. Later, we signed an agreement. Now the land has been contracted by the village to someone else, and the village has given me the compensation for the land. I have submitted the agreement to the The court and the procuratorate." Dou Tao said.

"Judge, I'm done asking." Fang Yi said.

"The next step is to present and cross-examine evidence. Do the prosecution and the defense and the defendant have any new evidence to submit?" asked the presiding judge.

"No." The inspector said.

"The defendant has new evidence to submit, a letter of understanding from Zhang Dabao, and an agreement on returning the land and compensation. I have submitted it to the court and the procuratorate not long ago." Dou Tao said.

This was Fang Yi asking Dou Tao to bring it up. Just in case, Fang Yi asked Dou Tao to bring up the two pieces of evidence he had submitted before in court and record it.

"The defender has no new evidence to submit." Fang Yi said.

"Now it's up to the public prosecutor to present evidence," said the presiding judge.

"The first piece of evidence, a kitchen knife, proves that the defendant Dou Tao used this weapon to injure Zhang Dabao when the village committee sent people to take back the land," said the prosecutor.

"Does the defendant, Dou Tao, have any objections to this evidence?" said the presiding judge.

"No objection." Dou Tao said.

"What is the defendant's defender's opinion on this evidence?" The presiding judge looked at the defense seat.

"I have no objection." Fang Yi said.

It is a fact that Dou Tao stabbed someone with a kitchen knife, and there is nothing to justify it.

"The public prosecutor continues to present evidence," said the presiding judge.

"The second piece of evidence, the injury appraisal opinion of the public security department, proves that Zhang Dabao's injury constitutes a minor injury." The prosecutor said.

The defendant, Dou Tao, and the defender, Fang Yi, had no objection to the evidence.

"The third piece of evidence is the surveillance video, which was taken from the surveillance video of the defendant's orchard. It proves that the defendant beat others at will on the day of the incident, causing minor injuries to others," said the prosecutor.

"Does the defendant, Dou Tao, have any objections to this evidence?" said the presiding judge.

"There is an objection. I didn't beat others at random. They ran to my orchard to cut down my fruit trees before I did it." Dou Tao said.

"What is the opinion of the defense of the accused on this evidence?" asked the presiding judge.

"This evidence does not prove that the defendant beat others at will. Judging from the content of the video, the cadres of the village committee took people to the orchard to cut trees. The defendant did it to protect his legal property and the safety of his wife. , The incident happened for a reason, the defendant did not beat others at will, it was self-defense. End." Fang Yi said.

……

(End of this chapter)