Time flies in the world of film and television

Chapter 234 From Handong Case
Just when Han Tao was looking at the documents seriously, the landline phone on his desk rang.

Seeing that the caller ID was from Director Tang's office, Han Tao picked up the call without hesitation.

"Hey, Director Tang, do you have any instructions?"

"It's not that serious. You are too polite. Internal competition is a good thing. With so many people in a law firm, competition is the motivation. But fairness and justice are the minimum rules, and no one can make an exception!"

"Okay, I understand that when the winning rate is high, the positive rate must be guaranteed. You can ask someone to bring them here, and I will handle it!"

"No problem. You are a senior. I still have a lot to learn. Don't be so polite."

"Alright Director Tang, see you later!"

After hanging up Tang Ying's phone, Han Tao smiled slightly. She never expected that her posture was so low. It seemed that she had already sensed Li Gongming's intentions and started looking for allies.

While Han Tao was in deep thought, Wendy knocked on the office door a few times and walked in with two women.

"Director, these two are Ms. Lin and Ms. Chen. They just came from Director Tang."

After finishing speaking, he extended his hand to the two of them and introduced: "Ms. Chen, Ms. Lin, this is the deputy director of our Mingtang Law Firm, lawyer Han Tao."

"Hello, Director Han, I'm Chen Xi, and she's my cousin Lin Fangfang!"

"Hello Ms. Chen, Han Tao!"

Seeing that Lin Fangfang was a bit reserved, she followed behind her cousin after entering the room without saying a word, Han Tao smiled and shook hands with Chen Xi, and politely asked them to sit down.

After Wendy poured a glass of water for Chen Xi and Lin Fangfang each, she left the office and returned to her own desk outside.

However, his eyes did not leave the room, but he was always ready.

"I'm sorry Director Han, we have already found many law firms, but none of them are willing to take this case.

Later, I was introduced by someone, saying that you are very good. You used to work in Handong, so you came here out of nowhere, but I haven't seen you, so I am a little anxious, and I will cause you trouble!

And we have to go through the assistance channel. I can guarantee that no matter whether we win or lose this case, we will pay the lawyer's fees. I only hope that you can help us. "

Chen Xi also knew that now he was asking for help, but he complained to the owner, and the legal aid was still free of money, so he apologized first when he came up, and promised to pay the fee.

In fact, she didn't want to do this either. It was because Handong kept putting pressure on the auntie and the others. She was afraid that there would be changes in the night and dreams, so she was so anxious.

Han Tao waved his hand and said with a slight smile, "It doesn't matter, the victim is eager to seek help, and it's understandable to be overly emotional.

As for whether it is an aid channel or entrusted consultation, it is not important. Legal aid is a public welfare activity that law firms and lawyers have been insisting on.

Now that we have accepted this case, we will do our best to help you and achieve a satisfactory result. "

After finishing speaking, Han Tao turned on the recorder, looked at the two of them, and continued: "I just briefly understood your appeal before. Since the two of you trust Mingtang Law Firm and me so much, then tell us the specific situation. Say it!"

Hearing Han Tao's answer, both Chen Xi and Lin Fangfang breathed a sigh of relief, and they also relaxed a lot.

Han Tao's profile, when he was in Handong, a kind lawyer gave Lin Fangfang a copy, which is why she came to Shanghai to seek help from her cousin, so subjectively, she still trusts him.

But after they came here once that day, they felt very up and down. A large law firm with hundreds of people still works in such a high-end place, which really put a lot of pressure on them.

Originally, it was really torturous for Han Tao to receive them for a long time. Now that they were face to face, Chen Xi let go. She organized her words and began to describe what happened to her cousin Lin Fangfang.

It turned out that Lin Fangfang attended a girlfriend's birthday party on the 26th of last month and drank a lot of beer. Later, a group of people felt that they were not enjoying themselves, so they went to the bar to play again.

After arriving at the bar, everyone drank a lot of foreign wine and beer. By the end of the night, Lin Fangfang was obviously drunk and lost her basic ability to move and protect herself.

At the end of the show, one of the men, Wang Xin, who was drinking with them and chatted speculatively with Lin Fangfang, excused that he wanted to take her home, so he took his little brother who came with him, and the two supported Lin Fangfang and talked with everyone. Separated.

That night, Lin Fangfang was violated in the other party's rental house, and after the incident, the man fell asleep next to her.

After that, another man also entered the room at unknown time and was about to assault Lin Fangfang.

But Lin Fangfang, who had been hurt, gradually recovered her consciousness. After seeing the other party, she lied in a hurry and lied that she had called the police. When the man heard this, he was completely panicked and ran out of the room in a hurry.

The man Wang Xin, who was awakened by the dispute between the two, saw that Lin Fangfang was about to call the police, and hurriedly said that he had drunk too much and had no idea what happened.

And Lin Fangfang, after confirming that the man who entered the room later left and that Wang Xin, the man who violated her, did not hurt herself, she called her mother in fear, and then her parents and brother arrived.

Seeing his sister being bullied, Lin Fangfang's brother angrily beat up Wang Xin, the man who had had a relationship with her.

Wang Xin did not fight back out of reason.However, after the defense was fruitless, he took the initiative to call the police. Within a few minutes, the police arrived at the scene, briefly inquired about the situation, and took all the people back to the police station.

Later, based on the information provided by Wang Xin, the police arrested the man who premeditatedly assaulted Lin Fangfang, but when they faced police interrogation, the two believed that their actions did not constitute a crime.

Wang Xin, who had a relationship with Lin Fangfang, said that she did not resist her behavior at the time of the crime.

And it insists that the law defines the crime of assault as a crime that is committed against the victim's will by using violence, threats, injury or other means to force the victim.

And I did not use violence, coercion, threats or harm, nor did I force Lin Fangfang.

The man who failed to premeditate the crime also stated that he only entered the room and did not violate Lin Fangfang at all, nor did he violate her subjective will.

In the end, the two parties disagreed, because many of the violations that occurred during gatherings like this were not clear, and it was even unclear whether they were voluntary. In the end, the police asked the two parties to negotiate a solution.

In the end, Wang Xin, who had a relationship with Lin Fangfang, proposed a solution. The other party proposed that he was unlucky, and he had indeed had a relationship with Lin Fangfang, so he was willing to use 10 yuan to compensate Lin Fangfang, and did not care about her brother's intentional harm as a condition, that is, he wanted to privately up.

But Lin Fangfang didn't want his compensation, and only wanted to bring the other party to justice, and finally reached a stalemate again, and the other party also found someone to resolve the reconciliation...

After all, Chen Xi comforted the cousin next to her, and after her mood stabilized, Chen Xi looked at Han Tao again, and said with an expression of indignation and anger:

"Lawyer Han, do you think this lawsuit can be won? In your opinion, what should we do?"

Han Tao nodded and continued to ask: "Ms. Chen, I would like to ask, what are your thoughts? Do you agree to a settlement, increase compensation, or insist on going through the litigation process?"

"I don't want money, I just want an explanation so that the other party will get the punishment they deserve."

This is the first time Lin Fangfang has expressed her attitude since she has been here for so long, and her cousin Chen Xi also quickly responded:

"Yes, we don't want compensation, and we don't lack that little money. We just want the other party to go to jail."

Han Tao nodded again, and responded: "Ms. Chen, I understand your feelings and your demands.

If the case is indeed as described by Ms. Lin, I can promise you that I will seek justice for you.

Although the other party did not use violence, coercion, threats and harm, nor did they force you.However, the violation process includes methods of getting drunk with alcohol or drug anesthesia, violating women or taking advantage of women's deep sleep to carry out illegal acts.

In short, as long as women do not know how to resist or dare not resist, violations against women can be judged as violations of women's will, and violence and coercion are not necessarily used, and may be suspected of crimes of violation.

As for the other person, no matter how much he quibbles, he can't deny the fact of his crime. If he didn't have subjective will, how could he enter the room, and why he followed him in the first place.

If Ms. Lin hadn't told him that he had called the police and scared him away, the other party might have succeeded, so his behavior was an attempted violation.

Then, according to Article 230 of my country's "Criminal Law", whoever violates 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.

As for the attempted crime, according to the "Criminal Law" No. 20 three provisions: "Having started to commit a crime but fails to succeed due to reasons other than the will of the criminal, it is an attempted crime."An attempted crime may be given a lighter or mitigated punishment in comparison with an accomplished crime.

But I want to emphasize again that these are all based on the fact that you have nothing to hide.

Since you have chosen Mingtang and me as your attorney, you must believe in my professionalism.

If the client conceals something from his lawyer, it will cause the lawyer to misjudge the facts and make wrong decisions.

Therefore, it is best not to conceal any facts, nor to exaggerate the facts of the case. The key facts of the case and the purpose of the lawsuit should be fully explained.

Of course, we also have the legal obligation of confidentiality and professional ethics. No matter what the case is, it must be pre-judged by professional lawyers. We must first understand the ins and outs before we can distinguish and grasp the litigation strategy in advance. "

"Don't worry about Lawyer Han, we still know this. I work in the design industry, and I usually have a lot of disputes. The company also has legal personnel, so I understand the process. We trust you. I don't need to be suspicious. I still understand the principle of using people without suspicion. of."

"Ms. Chen, thank you and Ms. Lin for your understanding. After all, the lawsuit itself is a game between the plaintiff and the defendant. If the lawyer representing the party does not fully understand the facts or the parties deliberately conceal or exaggerate the facts, then there is no game. How can we even win the lawsuit?"

After all, Han Tao looked at Lin Fangfang, who was in a particularly bad state of mind. Such a thing, both physically and psychologically, was a great devastation to the girl.

But having said that, girls still need to learn to protect themselves. The world is dangerous, and safety issues cannot be overemphasized. You must learn more about safety knowledge and keep the standard at all times.

(End of this chapter)