Lawyer

Chapter 566 This tea doesn't feel right!

During the cross-examination process, Fang Yi had no objection to other evidence, but only raised objections to the testimony of witnesses.Witness Dong Xia heard the victim say that someone raped her, but did not actually see it. Therefore, Fang Yi believes that witness Dong Xia's testimony cannot prove the facts of the case, and he does not accept what he said.

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"...Defendant Hua Xiao pressed the victim Feng Yanyun against the wall of the aisle and raped her forcibly. Push it against the wall and force sex with it.

This court believes that the defendant violated the will of the woman and forcibly had sexual relations with the woman. His behavior has violated Article 230 of the Criminal Law of the People's Republic of China. He should be investigated for criminal responsibility for the crime of rape. We recommend that he be sentenced to five years in prison.complete. " said the inspector.

"The defendant defends himself." The presiding judge said.

"At that time, the victim just pushed me lightly. After she broke free from my hands, she was not in a hurry to leave. When I asked to have sex with her again, she did not object. We had sex voluntarily, and I did not constitute a crime. Please The court ruled according to the law, give me justice..." Hua Xiao said.

"The defendant's defender issued a defense opinion." The presiding judge said.

"The presiding judge, the judge: the defender believes that in this case, the defendant Hua Xiao did not use violence, threats or other means to forcibly have sex with the victim against the victim's will, so the defendant does not constitute a crime of rape. The reasons are as follows:
[-]. In this case, the defendant Hua Xiao did not have sexual relations against the will of the woman.

First, according to the evidence on file, the safety exit of the nightclub was not closed but was open, and people often smoked at the stairway, or went to the underground parking lot through the safety exit.During the relationship between the defendant and the victim, if the victim calls for help, it is impossible for no one to know.It can be seen that during the relationship between the two parties, the victim did not call for help.

Second, the defendant and the victim both drank alcohol on the night of the incident, but according to the surveillance video provided by the public prosecutor, when the two walked out of the nightclub’s safety exit, their behavior was normal and they did not appear drunk. According to the defendant and the victim According to the victim's statement, although the two had been drinking, they were not in a state of intoxication.

Third, the defendant and the victim stayed at the corner of the stairs outside the emergency exit for about half an hour. Before the relationship began, the defendant and the victim had intimate actions. Although the victim refused, he did not make any obvious resistance and accepted it afterwards. the conduct of the defendant.It can be seen that the defendant did not forcibly have sex with the victim against the woman's will.

Fourth, during the period when the two had a relationship in a back-to-back position, the victim did not express her rejection in words, nor did she beg for mercy, abuse her, nor did she resist by calling for help.The behavior of the victim reflects his inner will. If the victim does not cooperate with the posture of both parties (back standing), it is impossible for the defendant to have a relationship with him.

Second, calling the police is not the true will of the victim.

According to the evidence in the case, after the incident, the victim had a mobile phone on him, but he did not call the police immediately. Instead, after returning to the nightclub, his friend Dong Xia called the police after hearing that the victim had been raped.Therefore, the evidence on file cannot prove that calling the police was the true will of the victim.

In summary, judging from the scene of the crime, the words, deeds and postures of the defendant and the victim at the time of the crime, the existing evidence in the case is not enough to prove that the defendant used violence, threats and other means to have a relationship with the victim.The defender believed that the defendant and the victim had a voluntary relationship, and the defendant did not constitute a crime of rape.complete. "Fang Yi said.

"The public prosecutor can respond to the defender's defense opinion." The presiding judge said.

"As for the defender's defense, we believe that the victim has not yet reached the age of [-], and his cognitive ability to X is relatively poor, and he does not have the ability to distinguish right from wrong and control his own behavior. Therefore, he was lured by the defendant to have a relationship with him. Its voluntary behavior, the defendant constitutes the crime of rape." The prosecutor said.

"The defender can respond to the public prosecutor's opinion." The presiding judge said.

"Based on the Prosecutor's Defense Opinion and Responses, the Defense Counsel issued the following Defense Opinion:

[-]. The victim was [-] years old at the time of the crime. Although he was not [-] years old, the existing evidence cannot prove that the victim did not have the ability to distinguish right from wrong and control his own behavior.

[-]. According to the victim's statement, he works in a garment factory and currently rents an apartment with his boyfriend. The two are in a cohabitation relationship and have X experience.Therefore, it cannot be determined that the victim's X cognitive ability is poor just because the victim is under the age of [-].

The defender believed that the victim understood the consequences of his actions, and also knew what the defendant would do to take him outside the safe exit. The victim voluntarily had a relationship with the defendant, and the defendant should not constitute a crime of rape.complete. "Fang Yi said.

……

"... this case has been deliberated by the collegial panel and has formed a judgment opinion. In view of the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

…The evidence provided by the public prosecution agency is insufficient to prove that the defendant used violence, coercion, or other means to force the victim to have sexual relations with the victim against the will of the victim when the victim did not know how to resist, could not resist, or did not dare to resist.

The defense opinions put forward by the defendant and the defender shall be adopted by this court.The public prosecution agency charged the defendant with the crime of rape, but the evidence was insufficient, and the alleged crime could not be established.

After discussion and decision by the Judicial Committee of this court, in accordance with Article [-] and Item ([-]) of Article [-] of the "Criminal Procedure Law of the People's Republic of China", the judgment is as follows: Defendant Hua Xiao is not guilty. "The presiding judge read out the verdict in court.

After hearing the verdict, the defendant Hua Xiao excitedly waved his right fist and gave Fang Yi a thankful look.

After the criminal judgment was issued, the procuratorate did not file a protest, and the appeal period expired, and the criminal judgment became effective.

Zhang Jun meant what she said, and on the day after the court's criminal judgment took effect, she instructed Aunt Zhang to hand over 20 in cash to Fang Yi.

In the director's office, Wan Kefa was making tea with a smile on his face, while Fang Yi was sitting opposite him, sipping fragrant tea.

"Old Wan, your tea doesn't feel right!" Fang Yi took a sip of tea and frowned.

(End of this chapter)