I was watched by the Internet police during the live broadcast of law popularization?

Chapter 44 Application for Investigation Order

The manuscript written by the lawyer and the evidence submitted need to be submitted to the judge for review before the trial.

If the defense draft is reviewed by a bad-tempered judge, it is likely to be scolded.

Li Chen, as a witness in the case of train provoking troubles, logically speaking, does not need to write a defense draft, but the problem is that the other party's lawyer pointed out in the defense draft that Li Chen's behavior does not constitute self-defense.

There are two reasons:
First, the concepts of fighting and picking quarrels.

Mutual assault, simply put, is a fight between the two parties, and only when both parties are seriously injured will they be sentenced.

Picking quarrels and provoking troubles is easy to understand, just looking for trouble when there is nothing to do.

In this case, the reason for the dispute between the two parties was that a child kicked the seat in the front row, and the contradiction gradually escalated due to improper language between the two parties.

First, the video evidence on the train.

It is obvious from the video on the train that the real reason for the conflict between the two parties is precisely because the girl’s inappropriate remarks were the real reason for the consequences of this case. After slapping the other party twice, the defendants came up to fight each other.

The witness, Li Chen, also fought back in the video, which can also be characterized as a fight.

Second, injury identification.

Neither of the beating parties were considered minor injuries, and the concussion of the witness Li Chen does not belong to the category of injury appraisal.

The presiding judge of the court who was in charge of hearing the case found the prosecutor in charge of the prosecution after hearing the defender's opinion, and the prosecutor communicated with Li Chen on the phone.

After the conversation was over, the prosecutor asked him to write a document and send it to his mailbox.

After returning to Shanghai, Li Chen began to use the computer to write materials.

First of all, the first point is that the assailant made the first move, and when the police were at the scene, her behavior was picking quarrels and provoking trouble.

Due to environmental factors, it is reasonable and legal for the beaten to fight back, which is justifiable self-defense.

Justifiable self-defense does not clearly stipulate how many times to retaliate.

Fighting back once is justifiable self-defense, but the second time is not justifiable self-defense?

The case should be comprehensively considered in light of the circumstances at the time.

With the police at the scene, you still dare to hit someone, how arrogant is your attitude?

There are law enforcement officers at the scene, ignoring the law enforcement officers to beat people, then her behavior constitutes picking quarrels and provoking trouble
Second, the behavior of the witness Li Chen.

In the video, Li Chen acted as a third party to start a fight, trying to stop this behavior, but Zhang Debao (defendant) kicked Li Chen (Li Chen) when he came up, causing his head to fall. The head hit the front seat, and it was checked by the hospital as a mild concussion.

However, Li Chen (witness) did not want to fight against him, but due to the objective factors at the scene of the crime, he could not continue to avoid danger, and the countermeasures he took afterwards should be self-defense.

……

It took several hours of writing before it was completely done.

Li Chen stood up, moved his body a bit, went to the living room to drink some tea and sat back at the computer desk.

Light a cigarette and check your content for loopholes.

After adding a few more points, it was sent to the other party's mailbox.

After sending, Li Chen took out his mobile phone and started making calls.

"beep", "beep"...

The phone is connected.

"Hello, Liu Jian, I'm Li Chen, and the file has been sent to your mailbox."

.........

"Um...okay...that's no problem."

Li Chen hung up the phone, a little speechless.

Come to me later if you have any questions?

I'm just a witness, okay...

Next, there is the divorce case.

Li Chen doesn't plan to write the defense draft of this thing seriously, just deal with it casually.

The first reason is the attitude of the judge in charge of the trial, which will directly affect the fairness of the case.

When the balance of law has tilted, all preparations are in vain.

No matter how good your lawyer says, what's the point if the judge doesn't listen?
Of course, it’s just because of the verbal agreement between the two parties that the other party hasn’t paid the money and hasn’t had a trial to get the result, so they can’t make a report.

Second, the original client is dead, so there is no point in continuing the divorce case.

The best way is to send the defendant in, so that no one will come to fight for property, right...

Nine o'clock the next morning.

The gate of the Magic City Trial Court.

After Li Chen met her client Zhang Lingling, she asked, "Are you suing according to what I said?"

Shouldn't be.

If the other party really proceeds with the lawsuit according to its own reasons, there is no reason not to file the case.

When Zhang Lingling called Li Chen, she was not in Shanghai, and it was afternoon when she came back.

Li Chen decided to settle his own case first, and made an appointment to meet at the gate of the court the next day.

"I did what you said..."

When Zhang Lingling heard the words, she simply repeated what Li Chen had taught him.

The court's case-filing judge was found by Zhang Lingling through contacts, just to ensure the success of her prosecution.

Li Chen nodded upon hearing the words: "Well, I see, let's go in together."

The two entered the court together and met the judge in charge of the case in the conference room.

"I would like to ask, why did our court not file the case, just because of insufficient evidence?"

Li Chen looked at the judge in charge of the case and asked.

"Yes."

"Although the reasons for the prosecution are very strong, if only the evidence on the mobile phone is used, it is very simple."

"If you want to sue the other party, you must have enough evidence to prove that the other party did receive the notice and did not take corresponding actions. Even if I file a case for you, it will be easily overturned when it comes to trial."

If you want to file a case, you can't just reason, you have to look at the evidence.

If your evidence is strong, you don't have to go too far to reason.

Li Chen nodded when he heard the words: "Then I will apply for an investigation order."

"this is okay."

The judge nodded upon hearing the words: "Did you bring the application?"

"Brought it."

After speaking, Li Chen took out the investigation order application form that he had prepared a long time ago from his briefcase and handed it to the other party.

"So many places?"

The judge glanced at the specific place where the application was made, and couldn't help frowning.

"These are all places where the defendant may come and go, there is no problem."

Li Chen said that the places to investigate are all places given by the system:

Five fixed places, including supermarkets, shopping centers, hotels, clothing stores, jewelry stores, and the villa provided by the defendant for Xiaosan.

"Are you sure there will be evidence of the accused in these places?"

As a judge, he had never seen such a specific place.

"Surely there will be."

Li Chen nodded seriously when he heard the words.

As long as the surveillance videos of these places are retrieved, it can be proved that this guy committed a crime.

Of course, there is the most important link, which is the chat records between the defendant and the mistress.

It specifically described that the defendant knew that his wife had committed suicide...

　Many people want a case to have a beginning and an end, otherwise it will feel messy.

　　If you have such thoughts, I can satisfy you.

　　
　
(End of this chapter)