The young prosecutor wanted to elaborate, but said that the middle-aged man next to him coughed, and he quickly turned to the middle-aged man, "This is Director Zhou of our research office, this is Deputy Director Chen of our research office, and this is Deputy Director Li of our research office." ”

After speaking, the young man touched his nose, a little embarrassed, "My name is Wang Junkai." ”

It is worthy of being a research laboratory, this is the rhythm of three leaders and one soldier, Wang Junkai? Huang Yixi was stunned for a moment, isn't this the name of that handsome little male star?

Wang Junkai was about to say more, but Director Zhou coughed again, "The two lawyers are looking for us, I don't know what is the matter?"

The security guard had already explained the reason just now, and when they heard it, they felt complicated, and asked a few questions, but they actually didn't want to deal with it.

Huang Yixi was about to speak, and Deputy Director Chen next to him said understandingly, "Sit down and say, Xiao Wang, you go make tea." ”

Shang Luoyu and Huang Yixi were a little lucky, maybe it was because the New Year had just passed, or maybe it was the kindness that Xiao Wang released to the two of them at the beginning, and the attitude of the three leaders towards the two of them was very good.

It's a good start.

"You two came to our laboratory, I don't know what happened?"

After drinking three cups of tea, Deputy Director Chen saw that these two young lawyers were not masters of the emperor who could talk about the heavens, and asked straight to the point.

Shang Luoyu naturally brought out the tray.

Although the matter of Huang Xiaotian's mother is bizarre, except for newcomers like Wang Junkai, the other three prosecutors don't feel anything.

I have worked for many years, and I don't remember seeing many more bizarre episodes than this case.

Deputy Director Li is a middle-aged man with naturally curly hair, who looks a bit like a Xinjiang person, with a flushed face, and I don't know if he is anxious or has high blood pressure.

Hearing Shang Luoyu say this, he immediately replied, "The two lawyers also know that if the statutory maximum punishment is life imprisonment or death, the statute of limitations is 20 years. And when you found out that Huang Xiaotian's mother was killed and the real culprit was found, at least 40 years had passed, that is, the statutory statute of limitations had passed, so the two lawyers should give up the representation of this case. ”

In his opinion, as a lawyer, you can accept all the cases that cannot be sent to your door, and some cases that should be rejected have to be refused.

One cannot be free from any lower limit for the sake of profit.

It seems that Deputy Director Li is the former, and his temper is a little anxious, Huang Yixi froze for a moment, but quickly reacted and quickly explained, "It is impossible for anyone, a loved one, to be indifferent when this kind of thing happens." Moreover, according to the law, if it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval. ”

Deputy Director Li's tone was a little sarcastic, these two young people who didn't know the height of the sky, thought that they could submit for approval if they wanted to, originally, he had no obligation to popularize the law to these two young people, but he was afraid that they would use some network, what kind of public sentiment, etc., so it was better to be patient and popularize the law.

"You two are lawyers, you can't say what the client says, the victim thinks badly, you have to understand what the Supreme People's Procuratorate approves of "must prosecute" cases. ”

Huang Yixi and Shang Luoyu have been checking for so long, so they are naturally very clear, but the two of them still make a gesture of listening to Deputy Director Li.

"In accordance with the provisions of the "Provisions on Several Issues Concerning the Handling of Cases Approved for Prosecution" and the "People's Procuratorate's Rules of Criminal Procedure (Provisional)", cases submitted for approval of prosecution shall meet the following conditions at the same time:

(1) There is evidence showing the existence of criminal facts, and the criminal facts were committed by the criminal suspect;

(2) The maximum sentence of the legally-prescribed sentencing range that shall be applied to the conduct suspected of a crime is indefinite imprisonment or death;

(3) The nature, circumstances, and consequences of the suspected crime are particularly serious, and although the 20-year period for prosecution has passed, the harm and impact to society still exist, and failure to prosecute would seriously impact social stability or produce other serious consequences, and it is necessary to prosecute;

(4) The criminal suspect can promptly appear in the case to accept prosecution. ”

"In our opinion, the case of Huang Xiaotian's mother is in line with the third paragraph you just read, the nature, circumstances and consequences of the alleged crime are particularly serious, although the 20-year prosecution period has passed, the social harm and impact still exist, and failure to prosecute will seriously affect social stability or produce other serious consequences, and must be prosecuted. ”

Shang Luoyu frowned and solemnly pointed out the legal basis.

Huang Yixi also agreed, "If Chen Shiqin is not investigated for criminal responsibility according to the time limit for prosecution, it will be unfair to our client Huang Xiaotian, for him, it is a matter of course for him to repay debts and kill people to pay for his life."

Moreover, Huang Xiaotian's mother did not know that she was killed 40 years ago, but only found out that she was killed last year, and the murderer was found last year. ”

In the view of Huang Yixi and Shang Luoyu, Article 137 of China's General Principles of the Civil Law stipulates that the limitation period for litigation shall be calculated from the time when you know or should know that your rights have been infringed......

It includes two meanings: one is to know or should know when your legitimate rights and interests have been infringed;

The second is to know or should know the specific infringer.

In addition, article 39 of the Administrative Litigation Law provides that "where a citizen, legal person or other organization directly initiates a lawsuit in a people's court, it shall do so within three months from the date on which it becomes aware of the specific administrative act." Except as otherwise provided by law. “”

Article 89 of the Criminal Law stipulates that the time limit for prosecution shall be calculated from the date on which the crime was committed, and if the criminal act is continuous or continuous, it shall be calculated from the date on which the criminal act ends. Where another crime is committed within the time limit for prosecution, the period for prosecution for the previous crime is calculated from the date on which the subsequent crime is committed.

This provision is fair for the victim to be sober and capable of reporting or prosecuting the crime, or to inform others, but it is unfair to the deceased or vegetative person.

Imagine if someone seriously injured you and became a vegetative person, and everyone thought it was an accident, and you woke up ten or even fifteen years later, this period is a long time for others, but it is just a time for you to sleep.

And then you want to pursue the person who hurt you, but the law tells you that the time limit for prosecution has passed, is it fair and fair?

"We can all understand the feelings of our clients, but as a lawyer, you should not bring the sensibilities and emotions of women to your career, which is harmful to your work. ”

Deputy Director Li was very polite, just now reprimanded the victim's thinking, and now he is talking about women's weakness.

If this were an ordinary woman, she would have been unable to stand it for a long time, even people like Huang Yixi who don't have many ideas are very uncomfortable.

Despise the omnipresence of chains, and most men who study law believe that women are easily led by emotions and affect their professional judgment.

It's as if men are machines, and they forget that the top artists, most of them men, all have quirks.

Deputy Director Li didn't feel how hurtful his words were, and he habitually tapped his fingers on the table a few times, "Since Lawyer Huang has been doing legal work for so long, he should know why the Criminal Law sets this time limit for prosecution." ”