Second, their actions do not have the "assistance and organization" nature, and do not form "control" over prostitutes and prostitution activities.

When Chen Daya did not go to the hair salon to help, the two salesmen had been working in the hair salon for more than two months, and Chen Daya's main job in the hair salon was to cook for them, and the cashier did not increase her nanny's salary, just because she was diligent and kind to do more work.

The two sellers have not lost their personal freedom, and whether to pick up customers or not is also their own decision, and non-Chen Daya can intervene.

Even if she looks at the past now, nineteen-year-old Chen Daya, her eyes are weak, honest and kind, meek and obedient is her nature, just out of the countryside, cautious and quiet, timid and afraid of things, how dare to ask those dirty things, it is completely possible to only care about work and not ask about others. If there is a lack of cognitive factors in "assisting intentionality", how can we talk about "assisting intentional"!

Therefore, the defender believes that due to the obvious lack of evidence for the crime decided in the first trial, and in the case of reasonable doubt and lack of sufficient evidence to prove the case, a not-guilty verdict should be rendered in accordance with Article 162, Paragraph 3 of the Criminal Procedure Law of the People's Republic of China, and that the crime against Chen Daya cannot be established.

As soon as Huang Yixi's voice fell, Peng Qingxi immediately stood up and said: "The prosecutor does not agree with the defender's point of view, the two ** sellers have admitted the fact of prostitution, and Wu Moumou, who organized prostitution, absconded and was not caught, if the main suspect has not been arrested for the rest of his life, it is impossible for the suspect in this case, Chen Daya, who has been locked up for the rest of his life without being sentenced, this is one of them."

Second, the crime of assisting in organizing prostitution in this case is not an accessory to the crime of organizing prostitution, but an independent crime, and whether the suspect of the crime of organizing prostitution is convicted has nothing to do with this case. ”

Peng Qingxi's impatience with Huang Yixi that day did not mean that he despised Huang Yixi or this case, and after Huang Yixi submitted the reasons for his innocence defense to the resolution of the senior partners' meeting of Binhai Law Firm, Zhang Mei asked Peng Qingxi to take the initiative to ask for help and start the prosecution of this case.

In order to prove the law firm's decision, the couple spent a lot of energy on this case, that is, to uphold the original verdict, even if it was a mitigating sentence, it was a failure for them.

After Peng Qingxi finished speaking, he looked at Huang Yixi triumphantly, in his opinion, Huang Yixi is a legal nerd who only drills the law and does not understand the national situation.

You must know that in this country, as long as it involves "pornography, gambling and drugs", it is a high warning line, not to mention that the occurrence of this case is during the "Strike Hard Period", "killing one and punishing hundreds" is a ruling method used in this extraordinary period, Chen Daya's crime is a maximum sentence of ten years and nine and a half years, which is already the mercy of the prosecutor of the first instance.

If he had been the prosecutor of the first instance, he would have been charged with organizing prostitution.

Unfortunately, this is a case in which only the defendant has appealed, and when the court of second instance confirms after trial that the sentence should be changed in accordance with Article 226, Paragraph 1 of the Criminal Procedure Law, the defendant's sentence shall not be increased, even if the original sentence is unusually light.

Before Peng Qingxi finished speaking, Huang Yixi had already raised his hand for a long time, just waiting for his turn to defend. After he finished speaking, Huang Yixi stood up and said, "I think the prosecutor and the judge of the first instance ignored this fact.

The fact that two women are engaged in prostitution does not mean that they were forced into prostitution, nor does it mean that our client knew about their prostitution, nor does it mean that my client assisted in prostitution.

Because the suspect in this case absconded, the testimony of the two sellers is very important to my client, and now I ask the presiding judge to summon the two sellers to testify in court to find out the truth. ”

As for why Huang Yixi didn't take the usual path, he chose to start with the police and eliminate non-evidence.

At that time, because Chen Daya was the most cooperative suspect in the criminal case defended by Huang Yixi, the police asked, and she said everything, and she said everything that the police didn't ask.

And every income she handles is in the passbook, and she can't deny it.

The only thing that can be started is to sell two ** sex.

In the first trial, because there was no defense lawyer involved, the two ** sex sellers were not summoned at all, and the court trial was very simple and rude.

The two sellers are both women in their thirties, and Judge Chen first summoned Lin Juhua, one of the sellers, she did not wear makeup when she went to court today, her skin was yellow and her face was loose, except for her good figure, she looked much older than women of the same age.

It doesn't look good, no wonder the price is so low.

Huang Yixi walked to the witness stand, "Lin Juhua, what did you do before working in this hair salon?"

According to Huang Yixi's investigation, the two sellers have been sex workers for many years and have long been accustomed to this kind of work.

Lin Juhua looked frivolous even in the courtroom, and when she was standing, she kept shaking her feet and throwing flattering eyes at the judge.

"I have all kinds of jobs, a woman like me who has no education and can't endure hardships, what good job do you say she can do?" Lin Juhua looked indifferent.

"And how many years have you been doing sex work?"

"What is sex work?" is a word that is too deep, and Lin Juhua said she didn't understand.

"How long have you been in prostitution?"

Although it is a five-year lawyer, Huang Yixi is still very unaccustomed to asking about his career in front of them, but he didn't expect them to understand such a tactful question, everyone laughed when they heard it, and the atmosphere eased a lot.

"I don't remember, who remembers things for so long, can I light a cigarette?" Lin Juhua shrugged, yawning constantly, she turned to ask the judge, although it didn't take long to stand up, but her addiction to smoking was committed again.

Lin Juhua has been doing this for at least seven or eight years, when she first started working in KTV in Ruitong City, the staff in KTV at that time was called a princess, and she only had 800 yuan for a drink in KTB if she didn't appear, and there were many people who knew her for so many years, which is why Huang Yixi was sure of this case.

"Witness, you just have to answer the questions honestly and don't ask for anything. The corners of Judge Chen's mouth twitched, and he picked up the gavel for the first time.

Huang Yixi was very satisfied with her appearance, and continued to confirm, "That means that you have been doing this business for a long time, so long that you can't even remember the definite time?"

Lin Juhua didn't see the disdain in the eyes of ordinary people from Huang Yixi's eyes, and even a little pity in the depths, she felt a little stinging in the hard shell she usually wore outside, and a trace of cracks appeared in her cynical expression, "Is there any difference in what you do?" ”

After speaking, he raised his eyes and squinted at Huang Yixi, wanting to make an appearance that he didn't care, but he was actually a little embarrassed.

Huang Yixi didn't care, there were many tough people standing in this position, and there were also a lot of people who were strong and inward-looking, she just continued to determine her own problems, "You have been in this industry for many years, and you have also walked through many workplaces, in this hair salon where you were caught, you are not forced to prostitute but voluntary prostitution, right?"

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