If you were asked to file a lawsuit, how come you were not found guilty?
Chapter 122 No crime, why plead guilty?
Chapter 122 No crime, why plead guilty?
"Let's get back to the case."
After Song Jiale complained about his pain for five minutes, Ren Zhen finally couldn't help but interrupt him.
"Tell me first, why did you sign a confession of guilt and punishment?"
"I don't know what that thing is!"
When he mentioned this, Song Jiale became even more anxious: "Someone from some hospital came over that day and said that if I didn't admit it, I might have to squat for ten or eight years. If I admitted it, I might be released in a few years. I'm lucky. Maybe he could get a suspended sentence or something, so he wouldn't have to go to jail.
When I heard this, I thought that fool would not sign it, right?
Who knew that within a few days, they told me that the lawsuit had been filed in court, so that I could find a lawyer. I immediately contacted Lao Wei. "
Ten years in prison for gathering a crowd to fight.
Although it is not impossible, it is not easy to get a ten-year sentence.
"Why didn't you think of finding a lawyer before?"
Ren Zhen was surprised. Obviously with Wei Yuanxu's relationship, it stands to reason that he should find a lawyer as soon as possible after something happens.
Why did he sign a confession of guilt and punishment without any explanation, and only found a lawyer when the matter went to court?
"I didn't expect that the trouble would lead to a sentence!"
Song Jiale burst into tears: "When I first came in, the guards said that I was just provoking trouble at best, and I was detained for ten days and a half before being released.
Who knew I could be locked up for so long?And when they came over to ask me to sign that document, they didn’t tell me that they were going to take it to court! "
"The prosecutor has said how many years the sentence will be, but you haven't expected to be prosecuted?"
Chang Jiahang couldn't help but ask.
"Didn't he say that if you sign it, you might not go to jail?"
Song Jiale reacted for a moment, it seemed that this was indeed the case?
Why didn't you think of this at the time?
Ren Zhen and Chang Jiahang looked at each other speechlessly.
Come on, the truth has been revealed. It turns out that Song Jiale did not expect that he would be involved in criminal matters from the beginning, and thought it was administrative detention.
As for the prosecutor, they made him sign the recognizance letter purely through half-frightening and half-deception. Song Jiale, who didn't quite understand, only understood "maybe he won't have to go to jail" and signed the letter in a daze.
This guy has such rough lines, it’s a wonder that the company hasn’t closed down yet.
"Isn't this procedure not right?"
Chang Jiahang is not sure.
"There is indeed a problem."
Ren Zhen nodded and looked at Song Jiale: "Then I'll ask and answer. Don't hide anything."
Song Jiale nodded in agreement.
"After you entered the detention center that day, did anyone come to interrogate you? How many people did you have?"
"He asked you those questions first."
"Who was present when you signed?"
The meeting lasted more than an hour.
After coming out of the detention center, Wei Yuanxu came up to him from afar.
"How about it? Can you be found not guilty?"
Mrs. Song looked worried and stood behind, waiting for Ren Zhen's answer.
"My opinion is that this case can only be acquitted!"
I originally thought that Ren Zhen would give an answer like "I can try it", but Wei Yuanxu was a little surprised when he heard this.
"real?!"
Mrs. Song took two steps forward and asked in disbelief.
“If you have indeed done something wrong, then there is no problem in pleading guilty, accepting punishment, and adopting a lenient defense strategy.
But if the client has not committed a crime, just to get him the lighter sentence possible and ignore the truth, I don’t think it is what a lawyer should do. "
Ren Zhen shook his head: "I think Mr. Song has not committed a crime, so even if you don't ask, I will fight him as innocent."
"Great, great!" Wei Yuanxu repeated twice, and Mrs. Song on the side also breathed a sigh of relief.
"Now that the case has been transferred to the court, the trial should begin soon. We must seize the time in the next few days to meet with the prosecutor and judge."
Ren Zhen briefly talked about the next arrangements.
"No problem, I'll drive the car for you. I've already found a hotel, it's right next to here."
Wei Yuanxu waved his hand: "If you just go ahead and do it, even if you don't succeed in the end, no one will say anything."
Dafeng District Public Prosecution Court, K City.
Ren Zhen met the prosecutor named Gao Qilin.
"Do you really think that Song Jiale is suspected of provoking quarrels and causing trouble?"
Facing Ren Zhen's question, Gao Qilin nodded without hesitation: "Of course, and he was fighting in a public place. There were many people involved in the fight, the scale was large, and the impact was very bad!"
"He never even returned his hand. Can this be called a fight?"
Gao Qilin said it so naturally that Ren Zhen almost laughed angrily.
"How did you, a lawyer, pass the law exam?"
Gao Qilin looked at him as if he were a layman: "When a crowd fights, the object of the violation is public order. As long as he objectively carries out the act of gathering people to fight in gangs and subjectively has the intention to disturb public order, it is a crowd fight. This is not the same as It doesn’t matter if he doesn’t fight back.”
What he said was reasonable and well-founded. Just as Ren Zhen was about to say something, he saw him wave his hand and stopped what Ren Zhen had yet to say:
"Don't tell me that he didn't mean it. When he committed this act, he could definitely foresee that it would cause damage to public order, so whether he had thought about it or not does not affect the establishment of his subjective intention.
If it weren't for the fact that he signed a recognizance form to plead guilty and accept punishment, my sentencing recommendation would be higher or lower and give him one more year. "
As if he thought it was a cool thing to predict the lawyer's problems, Gao Qilin said as if I was already very merciful: "You don't have to tell me anymore. I arrested more than twenty people this time. If they all follow you, Same thing, I see a lawyer every day, so when should I go?"
This prosecutor is really difficult to evaluate!
Ren Zhen suddenly missed Zhai Ming a little bit.
If only all prosecutors were like him.
"Speaking of which, besides wanting to communicate with you today, I also want to withdraw my guilty plea and punishment."
Ren Zhen's words made Gao Qilin a little stunned.
"What did you say? Withdraw your plea and accept punishment? Are you sure?"
As if he suspected something was wrong with his ears, Gao Qilin asked three questions in a row.
"What's the reason?"
The fourth question mark.
"Because we believe that Song Jiale's behavior did not constitute a mass fight and there was no crime. Why should he plead guilty? Let alone accept punishment?"
Ren Zhen said lightly.
"You must think clearly. If you do not plead guilty and accept punishment, the sentence will be severe."
Gao Qilin's face didn't look good.
"That was a case of guilt."
Ren Zhen was unmoved: "If there is no crime, there will be no sentence, so it doesn't matter whether it is heavier or lighter."
"Song Jiale is the mastermind, you have to think clearly!"
Gao Qilin said solemnly: "I told him before that he might be sentenced to ten years, not to scare him. He is the mastermind, and there is a possibility that this case will be upgraded to a statutory sentence. Don't blame me for not reminding you when the sentence is pronounced."
Remind us?
Ren Zhen was a little dumbfounded.
Are you trying to get a lighter sentence for the defendant, or are you trying to make the case easier?
Still remind us?
Are you a nice person?
(End of this chapter)
"Let's get back to the case."
After Song Jiale complained about his pain for five minutes, Ren Zhen finally couldn't help but interrupt him.
"Tell me first, why did you sign a confession of guilt and punishment?"
"I don't know what that thing is!"
When he mentioned this, Song Jiale became even more anxious: "Someone from some hospital came over that day and said that if I didn't admit it, I might have to squat for ten or eight years. If I admitted it, I might be released in a few years. I'm lucky. Maybe he could get a suspended sentence or something, so he wouldn't have to go to jail.
When I heard this, I thought that fool would not sign it, right?
Who knew that within a few days, they told me that the lawsuit had been filed in court, so that I could find a lawyer. I immediately contacted Lao Wei. "
Ten years in prison for gathering a crowd to fight.
Although it is not impossible, it is not easy to get a ten-year sentence.
"Why didn't you think of finding a lawyer before?"
Ren Zhen was surprised. Obviously with Wei Yuanxu's relationship, it stands to reason that he should find a lawyer as soon as possible after something happens.
Why did he sign a confession of guilt and punishment without any explanation, and only found a lawyer when the matter went to court?
"I didn't expect that the trouble would lead to a sentence!"
Song Jiale burst into tears: "When I first came in, the guards said that I was just provoking trouble at best, and I was detained for ten days and a half before being released.
Who knew I could be locked up for so long?And when they came over to ask me to sign that document, they didn’t tell me that they were going to take it to court! "
"The prosecutor has said how many years the sentence will be, but you haven't expected to be prosecuted?"
Chang Jiahang couldn't help but ask.
"Didn't he say that if you sign it, you might not go to jail?"
Song Jiale reacted for a moment, it seemed that this was indeed the case?
Why didn't you think of this at the time?
Ren Zhen and Chang Jiahang looked at each other speechlessly.
Come on, the truth has been revealed. It turns out that Song Jiale did not expect that he would be involved in criminal matters from the beginning, and thought it was administrative detention.
As for the prosecutor, they made him sign the recognizance letter purely through half-frightening and half-deception. Song Jiale, who didn't quite understand, only understood "maybe he won't have to go to jail" and signed the letter in a daze.
This guy has such rough lines, it’s a wonder that the company hasn’t closed down yet.
"Isn't this procedure not right?"
Chang Jiahang is not sure.
"There is indeed a problem."
Ren Zhen nodded and looked at Song Jiale: "Then I'll ask and answer. Don't hide anything."
Song Jiale nodded in agreement.
"After you entered the detention center that day, did anyone come to interrogate you? How many people did you have?"
"He asked you those questions first."
"Who was present when you signed?"
The meeting lasted more than an hour.
After coming out of the detention center, Wei Yuanxu came up to him from afar.
"How about it? Can you be found not guilty?"
Mrs. Song looked worried and stood behind, waiting for Ren Zhen's answer.
"My opinion is that this case can only be acquitted!"
I originally thought that Ren Zhen would give an answer like "I can try it", but Wei Yuanxu was a little surprised when he heard this.
"real?!"
Mrs. Song took two steps forward and asked in disbelief.
“If you have indeed done something wrong, then there is no problem in pleading guilty, accepting punishment, and adopting a lenient defense strategy.
But if the client has not committed a crime, just to get him the lighter sentence possible and ignore the truth, I don’t think it is what a lawyer should do. "
Ren Zhen shook his head: "I think Mr. Song has not committed a crime, so even if you don't ask, I will fight him as innocent."
"Great, great!" Wei Yuanxu repeated twice, and Mrs. Song on the side also breathed a sigh of relief.
"Now that the case has been transferred to the court, the trial should begin soon. We must seize the time in the next few days to meet with the prosecutor and judge."
Ren Zhen briefly talked about the next arrangements.
"No problem, I'll drive the car for you. I've already found a hotel, it's right next to here."
Wei Yuanxu waved his hand: "If you just go ahead and do it, even if you don't succeed in the end, no one will say anything."
Dafeng District Public Prosecution Court, K City.
Ren Zhen met the prosecutor named Gao Qilin.
"Do you really think that Song Jiale is suspected of provoking quarrels and causing trouble?"
Facing Ren Zhen's question, Gao Qilin nodded without hesitation: "Of course, and he was fighting in a public place. There were many people involved in the fight, the scale was large, and the impact was very bad!"
"He never even returned his hand. Can this be called a fight?"
Gao Qilin said it so naturally that Ren Zhen almost laughed angrily.
"How did you, a lawyer, pass the law exam?"
Gao Qilin looked at him as if he were a layman: "When a crowd fights, the object of the violation is public order. As long as he objectively carries out the act of gathering people to fight in gangs and subjectively has the intention to disturb public order, it is a crowd fight. This is not the same as It doesn’t matter if he doesn’t fight back.”
What he said was reasonable and well-founded. Just as Ren Zhen was about to say something, he saw him wave his hand and stopped what Ren Zhen had yet to say:
"Don't tell me that he didn't mean it. When he committed this act, he could definitely foresee that it would cause damage to public order, so whether he had thought about it or not does not affect the establishment of his subjective intention.
If it weren't for the fact that he signed a recognizance form to plead guilty and accept punishment, my sentencing recommendation would be higher or lower and give him one more year. "
As if he thought it was a cool thing to predict the lawyer's problems, Gao Qilin said as if I was already very merciful: "You don't have to tell me anymore. I arrested more than twenty people this time. If they all follow you, Same thing, I see a lawyer every day, so when should I go?"
This prosecutor is really difficult to evaluate!
Ren Zhen suddenly missed Zhai Ming a little bit.
If only all prosecutors were like him.
"Speaking of which, besides wanting to communicate with you today, I also want to withdraw my guilty plea and punishment."
Ren Zhen's words made Gao Qilin a little stunned.
"What did you say? Withdraw your plea and accept punishment? Are you sure?"
As if he suspected something was wrong with his ears, Gao Qilin asked three questions in a row.
"What's the reason?"
The fourth question mark.
"Because we believe that Song Jiale's behavior did not constitute a mass fight and there was no crime. Why should he plead guilty? Let alone accept punishment?"
Ren Zhen said lightly.
"You must think clearly. If you do not plead guilty and accept punishment, the sentence will be severe."
Gao Qilin's face didn't look good.
"That was a case of guilt."
Ren Zhen was unmoved: "If there is no crime, there will be no sentence, so it doesn't matter whether it is heavier or lighter."
"Song Jiale is the mastermind, you have to think clearly!"
Gao Qilin said solemnly: "I told him before that he might be sentenced to ten years, not to scare him. He is the mastermind, and there is a possibility that this case will be upgraded to a statutory sentence. Don't blame me for not reminding you when the sentence is pronounced."
Remind us?
Ren Zhen was a little dumbfounded.
Are you trying to get a lighter sentence for the defendant, or are you trying to make the case easier?
Still remind us?
Are you a nice person?
(End of this chapter)
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