Lawyer

Chapter 565 Asking Questions

Chapter 565 Asking Questions
As soon as Fang Yi returned to the law firm from the detention center, Zhou Ying ran over.

"Lawyer Fang, I heard that you have taken another big case. When will the court start?" Zhou Ying asked with a playful smile.

"The court will start next Monday, what's the matter?" Fang Yi smiled.

"Next Monday?! Afternoon or morning?" Zhou Ying took out her phone, opened the calendar, glanced at it and asked, "I want to listen and study."

"In the morning, the court session will start at nine o'clock in the morning." Fang Yi said.

"Ah! It's over. I have a trial with Lawyer Song in the morning. It would be great if the trial was held in the afternoon." Zhou Ying looked at the calendar and said worriedly.

"There is still a chance in the future. Participating in one more case and one less case will not affect you much. How about the corruption case you and Lao Song did?" Fang Yi asked.

"Don't mention it, the defendant ran the train with his mouth full of words. We finally negotiated with the prosecutor. The defendant pleaded guilty and accepted the punishment, and did not appeal. The procuratorate also agreed and suggested that the court give a lighter punishment.

But who knew that as soon as the verdict was issued, the defendant immediately turned his face, saying that he did not commit a crime, and applied for an appeal.I am really speechless. "Zhou Ying said.

"What happened later? Was the sentence changed in the second trial?" Fang Yi asked.

"Well, after the defendant appealed, the procuratorate also filed a protest on the grounds that the court's sentence was too light, and finally the court of second instance changed the sentence.

The court of first instance found that the defendant constituted a crime of corruption and sentenced him to five years in prison. The court of second instance believed that the facts of the case were correct, but the sentence was improper. The procuratorate appealed and the sentence was changed to eight years in prison. "Zhou Ying said.

"This is a big deal, how did the defendant react?" Fang Yi asked.

"The defendant felt wronged and wanted to apply for retrial.

Lawyer Song had reminded the defendant before that the verdict of the first trial was already the best, but the defendant refused to listen. This time it was fine, and it took another three years.

If you want me to say that the defendant is not wronged at all, how much income can a principal earn? His wife’s income as a small civil servant in the system is not much. His son has not yet graduated from university. With this level of income, his family lives in the local county. He has three properties in the city, and there are still a lot of gold bars in the house, so it is impossible to tell. "Zhou Ying said.

"What did Lawyer Song say? Continue acting as an agent for retrial?" Fang Yi asked.

"No, the defendant was dissatisfied with Lawyer Song and found another lawyer. In fact, the family of the defendant is quite satisfied with Lawyer Song. But the defendant is rather lazy, and no one can be his master." Zhou Ying said.

The Hua Xiao rape case finally opened. In the fifth trial court of the District Court, Fang Yi sat on the defense bench and listened to the prosecutor in the public prosecutor's bench read out the indictment.Because it was a closed trial, there was no one in the auditorium.

"...Defendant Hua Xiao called the victim, Feng Yanyun, to the corridor outside the nightclub's safety exit, because people often came in and out, and then the defendant took the victim upstairs to the turning, and forcibly had sex with her...

After the victim Feng Yanyun returned to the nightclub, she told her friend Dong Xia who was drinking in the nightclub about the rape.Dong Xia then called the police.The defendant was arrested by the police that night.

This court believes that the defendant Hua Xiao violated the women's will and forcibly had sex with underage women. His behavior has violated Article 230 of the Criminal Law of the People's Republic of China. The facts of the crime are clear and the evidence is credible and sufficient. He should be investigated for rape. criminal responsibility.Submit a sentence according to law.

Presiding judge, the indictment has been read out. "After the prosecutor read out the indictment, he looked at the presiding judge and said.

"Defendant Hua Xiao, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" The presiding judge is a male judge in his 30s, looking at To Hua Xiao in the dock.

"There is an objection. I did not constitute a crime of rape. At that time, I consulted the victim Feng Yanyun. She voluntarily followed me to the stairwell outside the emergency exit. I did not use any violence against her. At first we were only relatively close. Later I saw that she didn't object, so I had a relationship with her..." Hua Xiao said.

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

"Defendant Hua Xiao, how did you know the victim Feng Yanyun?" the prosecutor asked.

"I met her in a nightclub. When I came out of the bathroom, I bumped into her accidentally. We haven't met before." Hua Xiao said.

"Did you drink alcohol on the night of the incident?" the prosecutor asked.

"I've been drinking, but I'm not drunk, I'm relatively sober." Hua Xiao said.

"Go to the stairwell outside the safety exit, who suggested it?" the inspector asked.

"I mentioned it." Hua Xiao said.

"What is your purpose in proposing to go outside the security gate?" asked the inspector.

"I want to take advantage of her and have sex with her." Hua Xiao said.

"Where did you go after leaving the iron gate of the safety exit? What did you do?" asked the inspector.

"We went upstairs along the stairs, and I grabbed her at the turn of the stairs..." Hua Xiao repeated what he had said to the public security organs and the procuratorate.

"Judge, I'm done asking." The prosecutor said.

"Does the defendant's defender want to question the defendant?" asked the presiding judge.

"Need." Fang Yi finished speaking and looked at Hua Xiao who was in the dock: "Defendant, what did you see after you walked out of the safe exit?"

"A few people were smoking and chatting by the stairs, and occasionally someone came out of the nightclub to go to the underground parking lot." Hua Xiao asked after thinking for a while.

"That means people often go in and out of the safety exit, is that true?" Fang Yi asked.

"Yes." Hua Xiao said.

"When you and the victim went upstairs to the turning, was she walking in front of you or behind you?" Fang Yi asked.

"Behind me, I went up first." Hua Xiao said.

"How long have you been at the turn of the stairs?" Fang Yi asked.

"It was about half an hour, I don't remember clearly." Hua Xiao said.

"Did you ask for the victim's opinion before you took the intimate action and intended to have a relationship?" Fang Yi asked.

"I didn't ask for her opinion at the beginning, she was a bit resistant, I stopped at that time, I asked her why, she said she was afraid that someone would come over.

Later, I told her that there was no one above, and the people below would not come up. After that, she didn't nod and didn't object. "Hua Xiao said.

"Did you beat, insult, threaten or intimidate the victim from the time you realized the relationship?" Fang Yi asked.

"No, absolutely not, we are all voluntary." Hua Xiao said.

"Presiding judge, the defender is done questioning." Fang Yi asked.

"The next step is to present evidence and cross-examination. The public prosecutor will first present evidence." The presiding judge said.

"Presiding judge, the evidence submitted by this court includes screenshots of WeChat chat records, the process of arriving at the case, the testimony of witness Dong Xia, the statement of the victim, the statement of the defendant, the appraisal opinion of the public security organ, the transcript of the on-site investigation, the surveillance video of the nightclub..."

(End of this chapter)

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