As a Lawyer, You Sent the Judge In?

Chapter 318 Resisting legal sanctions? what are you thinking!

 About indecency and attempted coercion.

 There is an essential difference between the two, but the difference is not too big.

 At least they behave similarly in terms of objective criminal forms.

 In terms of criminal punishment, the main thing to look at is the seriousness of the circumstances.

  No matter from which aspect, the defendant party is not obscene at all.

  If it’s obscene...

 Then it tends to be forced obscenity.

 According to domestic laws, those who forcibly molest women, if the consequences are not serious, will be punished with a fixed-term imprisonment of not more than five years.

 According to the identity of the defendant as a foreign student and the circumstances, there are indeed no serious consequences.

  May be sentenced to a fixed-term prison sentence of less than one year or a suspended sentence.

 You may even be sentenced to public security detention.

 The criminal penalties faced are very low.

 There is precedent for these things.

 So this is the meaning of obscenity proposed by Jiang Min.

 Because compared to indecency, the penalty for attempted coercion is relatively heavier.

 This is also Jiang Min’s strategy for putting forward this point of view.

Facing Jiang Min’s statement, Su Bai immediately asked:

“Why did the defendant’s lawyer raise the issue of obscenity?”

 “Can you state your reasons based on this point of view?”

“According to legal obligations, indecency refers to slight verbal or physical harassment of women or other persons.”

“What does the defendant’s attorney mean by obscenity?”

 “Forced obscenity?”

"Yes... We believe that our behavior towards the victim Lin Wenhui is an act of forced indecency, rather than an attempted act of forcing a woman to have sex."

“The main reason is that our client did not harm Lin Wenhui or have a relationship with her.”

 Jiang Min acknowledged Su Bai's statement.

Of course, he thinks so in his heart.

 In this case, the woman was forced to have attempted sexual **** and forced indecency.

 Although these two crimes are both criminal acts that cause coercion against women.

 However, there are different divisions in terms of prison terms.

 Attempted attempts to force a woman to have sex, especially in the case of the defendant, are punishable by at least a three-year prison sentence.

 But forced indecency is different, although the sentence is stipulated as fixed-term imprisonment of not more than five years.

but!

 There is no minimum penalty standard.

That is to say, if forced indecency can be used as a judgment condition in the court hearing.

  is a possible prison term of several months.

 It may even be a suspended sentence or public security detention.

Comparing the crimes charged by the prosecution, forced indecency is the focus of the debate.

 A good thing for his client!

At the court hearing, facing the defenses of both parties, the presiding judge Yu Yue frowned slightly.

Then the gavel was struck: "About whether it is forced behavior or forced indecency."

 “Let’s first listen to the subjectivity of the defendant.”

“Defendant Mascu, please explain your behavior at that time from your perspective.”

 “And your thoughts and subjectivity at the time.”

 At the defendant's seat, Mascu sat calmly in his seat.

 Because this court hearing involves foreign students who may not know much about Chinese, a translator was specially assigned to the court hearing.

 After translating the presiding judge’s inquiry, the translator also made a statement as Musk spoke:

“I came to China to study. I have no intention of forcing female students in the school.”

“On that day, I just wanted to make friends with the female student. I had no other ideas.”

“I don’t think I’m guilty...Of course, I’m guilty and it’s not my turn to be judged by Chinese law.”

“I protest against my trial and my suggestion is that I admit my fault and accept my lawyer’s argument that I should be detained in public security custody.”

 “As for the others, I don’t accept them.”

　　　….”

  ? ? ?

 After the translation was completed, many people’s eyes were focused on the defendant’s seat.

 What did this guy say?

 There is nothing wrong with you not thinking you are guilty.

 But you are here, why do you think you will not be convicted of a crime?

 Still want to extradite? !

 What are you thinking about? !

I don’t know why, but after Mascu finished saying these words, he felt particularly calm.

I don’t know if it’s because he has enjoyed too many resources in the college as a foreign student, so he thought he would enjoy the same special treatment as in school.

  Or for other reasons.

Mascu did not seem to have any concerns about the outcome of the verdict.

.

 ….

 At the judgment seat.

The presiding judge frowned even more tightly, and then his eyes fell on Jiang Min, who was in the defendant's lawyer's seat.

Jiang Min said: "Our client has made his point of view clear. At that time, he did not have any subjective will to force Lin Wenhui."

"Based on this, we believe that there was no malicious act of forcing Lin Wenhui to have a relationship, but just a vulgar behavior on a whim."

 I heard Jiang Min continue to speak, and he was excusing the defendant.

how to say.

 It is the legal duty of lawyers to exonerate their clients.

 But this foreigner is sitting on the defendant's seat, in complete contempt for Chinese law.

to be honest.…

 If you don’t send people in, you will feel suffocated in your heart.

Thinking of this, Su Bai immediately said:

"Then I would like to ask the lawyer appointed by the defendant. The point you stated is malicious indecency."

 “You think the sentence required is for security custody only.”

“But are there any similarities or differences between the point you raised and the prosecutor’s point about forcing a woman to have sex?”

“Put it another way, why are you denying the prosecution’s suggestion that women were forced to have sex?”

Jiang Min glanced at Su Bai and immediately said:

“Forced molestation and attempted sexual **** with women are similar in objective form.”

 “But subjectively the performance is different.”

“The biggest difference between the two is whether the relationship is against the woman’s will.”

  “This is for the main purpose of having a relationship.”

“Forced indecency means that the victim does not have to have **** without his or her consent.”

“In this case, our client only took off Lin Wenhui’s clothes and did not directly state that he wanted to have a relationship with Lin Wenhui.”

“Based on this, it can be clearly seen that there are obvious differences between our behavior and the prosecution’s suggestion of forcing Lin Wenhui to have sex.”

 “So we think...”

“The prosecutor took the attempted sexual **** with a woman as the main criminal condition and filed a charge against our client.”

 “Very unreasonable.”

“We request that this trial be adjourned and the charges against us be changed.”

　　　….”

As for Jiang Min's request, the presiding judge on the trial bench did not respond to him.

 To be honest...this is also the first time he has encountered a foreigner on trial.

　　But...    Just regarding what the defendant said just now, there is a certain prejudice in his heart!

 The main prejudice is that foreigners do not respect domestic laws.

 What does it mean that domestic laws cannot be applied to foreigners?

 What are you thinking about?

 One more thing.

 There is a similarity between malicious molestation and attempted sexual **** by forcing a woman to have sex.

  But in fact there is a big difference, especially in the form of expression.

Yu Yue, as the presiding judge, asked: "In the statement just made by the lawyer appointed by the defendant."

“Your client didn’t want to have **** with the victim, so why did he tear off the victim’s clothes and forcefully molest her?”

 “What is the purpose of forced indecency?”

“Is it just because the defendant said they were friends that they are friends?”

Faced with the presiding judge’s questioning, Jiang Min remained silent.

Just listen to the presiding judge continue to speak:

“The defendant appointed a lawyer, but there is one important point that was not clearly stated.”

“Between forced indecency and attempted sexual intercourse, the most important thing is whether there is any behavior that interferes with the coercion.”

“If there was no interfering act of coercion, the defendant just stripped off Lin Wenhui’s clothes and stopped the infringement after learning that Lin Wenhui did not agree.”

 “This is called forced indecency.”

“But why did the defendant stop the assault?”

“The defendant stopped the assault because he was kicked to the private parts by Lin Wenhui and could not continue to commit crimes.”

“This is not the defendant’s subjective cessation of criminal behavior.”

“It is that the defendant had no choice but to stop the intrusion under the influence of external forces.”

“Does the lawyer appointed by the defendant have any objections to the above point of view?”

 Jiang Min said: "Presiding Judge, we still have some objections!"

“The presiding judge just stated that the main factor in the attempted coercion was that Lin Wenhui kicked our client, which caused our client to stop the infringement.”

  “This determines that we have attempted coercion.”

“But if Lin Wenhui kicks us from the perspective of forced indecency on our side, will we continue the forced indecency?”

  “We think it’s about whether we were forced to commit indecency.”

“It should be based on our subjective wishes and whether we aim to have a relationship with Lin Wenhui.”

 “This is the point to make a departure decision!”

In response to the presiding judge's question about whether he had any objections, Jiang Min immediately responded.

 If it is determined that it is not forced indecency, then this case can only be discussed from the perspective of attempted sexual **** by forcing a woman to have sex.

  However, if we discuss it from this perspective...

how to say!

Then the defendant will definitely be sentenced to more than three years in prison.

 Based on this point, Jiang Min must refute.

only.…

Su Bai already understood Jiang Min’s thoughts very clearly.

This case.…

 Let’s not talk about anything else, just look at the attitude of the defendant.

  Doesn’t take domestic laws seriously at all.

 At home, do you still want to escape the sanction of domestic laws for breaking the law?

Su Bai raised his hand and said, "Presiding judge, I want to make a point."

 “Please ask the prosecution to state its point of view.”

 After getting the consent of the presiding judge, Su Bai immediately spoke:

“Presiding judge, I would like to ask in court about the situation of our client, the victim, at that time.”

“The prosecution has appointed a lawyer to conduct inquiries.”

 “A good judge.”

Su Bai looked at Lin Wenhui: "I want to ask about the victim."

“When you were violated by Mascu, did you refuse it immediately?”

“In other words, was there any resistance at the first opportunity?”

"have."

Lin Wenhui nodded: "I clearly rejected Masku's infringement at the first time, but he was too strong and I couldn't resist at all."

“Did Mascu say anything else when he violated you?”

 Lin Wenhui seemed a little hesitant when she heard this question, but she still answered the question.

"said.…"

 “When he violated me, he said I was pretending to be innocent...asked me not to reject him.”

“So during this process, did you have a hunch that he would do something bad to you, such as forcing you to have sex?”

“Yes, my first feeling at that time was that he was going to force me to have sex.”

“And he also had an obvious behavior of taking off his pants, so I kicked him while he was taking off his pants..."

 “Okay, thank you for your cooperation.”

Su Bai signaled that the inquiry was complete and continued:

“In this case, the statement made by our client, the victim, has been very clear.”

“During the whole process, we had an obvious refusal, and Masku also gave an obvious signal.”

  “implying to have a relationship.”

“More importantly, Mascu had an obvious act of taking off his pants.”

“This objective factual behavior has proven that Mascu’s subjective behavior was to force a relationship.”

“I don’t understand why the lawyer appointed by the defendant has been emphasizing that the defendant was forced to molest.”

“In this case, the legal definition of whether the defendant committed **** or not has been very clear.”

“The defendant’s attorney has been emphasizing that this behavior is forced indecency.”

“So does the lawyer appointed by the defendant really think that the defendant has no subjective intention to force a relationship?”

"also."

“The defendant is a foreign student. Taking advantage of the school’s preferential treatment for foreign students, he harassed female classmates many times in the school.”

 “This is what really happened.”

 “What is the main reason why this happens?”

“The main reason is because of the college’s preferential treatment for foreign students.”

“As a result of this situation, foreign students believe that domestic laws have no binding force on them.”

"but?"

“According to the laws of our country, foreigners who commit illegal crimes in the country shall be held criminally responsible.”

“This is the embodiment of the principle of national sovereignty in criminal proceedings!”

“Therefore, we do not agree with the defendant’s lawyer’s argument that malicious indecency is used to evade punishment in the criminal sentence.”

“And we believe that the situation stated by the defendant’s lawyer is completely inconsistent with the actual situation!”

“Based on the principle of criminal procedure law that everyone is equal under the law and foreigners commit crimes and should be held criminally responsible.”

“Our application is to reject the statement made by the lawyer appointed by the defendant that the defendant was forced to commit indecency!”

 All of Jiang Min’s statements converge on one point, which is to reduce the defendant’s criminal liability.

 But can it be alleviated?

cannot!

 Guarantee the legal rights and interests of your client.

 This is Su Bai’s point of view.

 Looking up, Su Bai's eyes happened to collide with the presiding judge's.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)