Chapter 107: Guilty or Not Guilty (6)
This is the fact that the two sellers bit Chen Daya to death and knew that they were prostitutes, because when Chen Daya went to the hair salon, they couldn't hide the number of customers and income, and cutting off people's money was like killing their parents. Lin Juhua bit her lip and reluctantly admitted this fact.
Peng Qingxi blushed and closed his mouth in a gloomy manner.
Huang Yixi's final concluding remarks, "Honorable presiding judge and prosecutor, in the crime of organizing the prostitution of others, in addition to the organizers, the other members are very complicated, and it is sometimes difficult to grasp whether their actions constitute the crime of assisting others in organizing prostitution.
However, in practice, the boundary between the crime of assisting in organizing prostitution and the non-crime can be grasped from the following aspects: First, whether the perpetrator subjectively knows that he is carrying out the act of assisting in organizing the prostitution of others. This offence is an intentional offence and cannot be committed if the perpetrator is deceived by another person and does not know that he or she is assisting in the organization of prostitution.
2. Whether the perpetrator objectively carried out acts of assisting in organizing others to engage in prostitution. As the prosecutor just said, if the perpetrator commits an act of assisting in organizing the prostitution of others, such as acting as a thug, bodyguard, bookkeeper, etc. then his act constitutes the offence of assisting in the organization of prostitution.
If the act committed by the perpetrator is not an act of assisting in the organization of prostitution of others, such as acting as a miscellaneous servant for the organizer of prostitution and providing personal life services, which is not very harmful, it should not be regarded as an act of assisting in the organization of prostitution and is not considered a crime.
My client is hardworking and kind, he doesn't know that he works too much, and helping the boss to collect the cash is an illegal thing, and there is neither subjective knowledge and intention, nor objectively any criminal means, should not be regarded as assisting in the organization of prostitution, so my client is innocent. ”
Seeing that the prosecutor and the defense lawyer were no longer arguing, Judge Chan exchanged views with the two judges beside him in a low voice.
A moment later, Judge Chen announced an adjournment of the courtroom, and the three of them came in about 20 minutes after they walked out.
After entering, Judge Chen sorted out the materials, knocked down the gavel, and began to read out the results of the trial. "....... revoke item 1 of the criminal judgment (2017) Min 0524 Xingchu No. 345 of the Qingxi County People's Court of Baishui City, Minyue Province, that is, "the defendant Chen X committed the crime of assisting in organizing prostitution and was sentenced to nine years and six months imprisonment and a fine of 10,000 yuan." ”;
2. The defendant in the original trial, Chen Daya, committed the crime of assisting in organizing prostitution and was exempted from criminal punishment.
This judgment is final. ”
When Chen Daya heard the verdict of the trial being announced, her whole heart lifted, and she listened carefully, lest missing a word would change the verdict.
When she heard that the first item of the Criminal Judgment (2017) Fa Xing Yi Chu Zi No. 345 of the People's Court of Qingxi County, Baishui City, Minyue Province was revoked, that is, "the defendant Chen X committed the crime of assisting in organizing prostitution and was sentenced to nine years and six months in prison and fined 10,000 yuan." The whole person opened his mouth wide in disbelief.
When I heard that the defendant in the original trial, Chen Daya, had committed the crime of assisting in organizing prostitution, I was suddenly stupid, and I thought that I would have to be locked up for many years.
Suddenly, he heard the last six words, and he was exempted from criminal punishment.
Her heart rises and falls like a roller coaster, warm like spring and cold winter.
After repeatedly confirming that she would be released in court, Chen Daya stood in the defendant's dock and cried, looking at the three judges who were about to leave the seat, she suddenly knelt on the ground, kowtowed "bang", and after a while, her entire forehead turned red.
The three judges who stood and watched the excitement were a little embarrassed, and even Judge Chen's face was sneering, the information on Judge Chen's desk was not finished, he explained that the clerk left quickly, and the three of them felt a little deserted and fled.
When checking the transcript, Chen Daya still couldn't believe it, she tried to walk around the courtroom, and when she saw that neither the bailiff nor the clerk scolded her, she cried again.
Several media reporters who watched the trial came to ask a few questions, but Chen Daya did not say anything else, but repeatedly thanked the government, the court and the judges for their magnanimity to her, and even the police did not blame them, and repeatedly defended them, saying that they were duty.
As soon as the clerk printed out the transcript, Peng Qingxi didn't even look at it, and signed it first when he grabbed it, Huang Yixi looked at it with a smile, the winner, naturally a little more.
Standing at the door of the court, Huang Yixi looked at Chen Daya who was cowering and followed behind her, and had a little headache, after Huang Yixi asked her clearly if she wanted to go back to her hometown, she took out an envelope from her bag, which contained 2,000 yuan.
Shang Luoyu called his assistant Wu Lingwei and asked him to drive Chen Daya to the station to buy a ticket back to her hometown, buy her some bread and water, and watch her get on the bus before leaving.
Chen Daya is naturally grateful.
The Intermediate People's Court of Baishui Prefecture is a large coastal passage, to the east, on one side of the court is the unique custom of Partridge Village, and on the other side is the junction of Jinjiang and Baishui Port brackish water.
The car was driven away by Wu Lingwei, and the two of them simply used WeChat to scan the code, and the two Minions rode slowly, facing the sea breeze, and from time to time there were navy blue or blue shirts that covered the chest, and a partridge woman with a golden hairpin and smiling flowers on the top of the pants.
"What's the matter, I'm not happy that Daya Chen knelt down to thank Judge, but didn't kneel down to thank you?" Shang Luoyu saw Huang Yixi's tired appearance, quietly slowed down the speed of pedaling the little yellow man, and asked teasingly.
Huang Yixi shook her head and nodded, and said in frustration, "It's a little uneasy, since you are exempt from punishment, why don't you just acquit her?" She was imprisoned for a year, she was charged with a crime, and finally knelt down to thank them. ”
Without an acquittal, her defense of innocence was, in her own opinion, still a failure.
Shang Luoyu simply turned around the front of the car, put his feet on the ground and stood up straight in front of Huang Yixi, "My little girl, you are already very powerful, if it were not for your not guilty defense, it would be impossible for Chen Daya to be exempt from criminal punishment." ”
"I'm still a little unhappy. Huang Yixi pouted, propped himself on the ground with one foot, and kicked the weeds on the side of the road angrily with the other.
"Don't be unhappy, think about it, the court also wants to save face, and it also needs a fig leaf, if they don't have a very strong force, it's hard for them to admit that they are wrong.
Besides, the judge also has to consider, if he is acquitted and Chen Daya has been imprisoned for nearly a year, will you file for state compensation in the next step? To be honest, judge, I am most afraid of a more serious lawyer like you. ”
Shang Luoyu was still relieved when he saw Huang Yixi, so he simply returned the little yellow man and took Huang Yixi's hand and coaxed, "My little girl, you are really really powerful, don't get into the horns of the bull, listen to the persuasion of people to eat one hundred and twenty years old." ”
Although she was still unhappy, but with Shang Luoyu coaxing, Huang Yixi was still a little happy, from the beginning to the end of this case, Shang Luoyu has always supported her, and he and his assistant helped her solve many problems.
If I continued to talk about it, I felt that I was hypocritical, so I retorted viciously, "What's so powerful, I've been busy for a few months from beginning to end, and I haven't made a penny and I've posted a lot."
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