Chapter 519: To Money or Not to Money (Part II)
Xiao Guo is very frank: "Strictly speaking, there are attempts to tip the wall. Kidnapping certainly not. ”
Cao Yun "Yes or no, I played, he had, I was so confident." If there is no sincerity in compensation, it means that they will not admit their mistakes and will not repent, and I will apply to judge them as adults. I will accompany the hearings until the SPC hearings. I'm idle anyway. ”
Zhao Xue burst into tears when she heard it, "Brother Cao, this is not right." Xiao Ru is the criminal. ”
Cao Yun said: "Criminals also have rights, right? In addition, the corpse should be given as much as it should be." Don't think that it's okay to be dead, the corpse is under 18 years old, and its parents have some civil obligations, and it is legal and reasonable to ask the parents of the corpse to pay for it. ”
Xiao Guo: "Cao Yun, just say what you want." ”
Cao Yun: "We each do our part, just do our own thing." You have to arrest those who should be arrested, and you have to file a case if you should file a case. If you don't, I'll get you in trouble. When you're done with your job, I'll get them in trouble. In addition, I oppose the filing of a case on an individual, which is clearly an organized and premeditated gang crime with a clear division of labor. The one who takes the picture takes the picture, the undressed one undresses, the leader issues the order, which is carried out by the others. Consistent with the characteristics of a criminal gang, and at the same time, I believe that they do not cooperate to bully people once or twice. ”
Xiao Guo: "Is it to the death?"
Cao Yun: "Yes, during this period, if anyone such as the principal or the person in charge of education calls to intercede, please tell me." They all sat together. If this case is not more serious, if it doesn't make trouble, I won't have the money to take it. I'm going to squeeze all the people who can squeeze the oil out at once. ”
Zhao Xue: "But the key to this case is illegal murder with a gun. ”
Cao Yun "Assuming that the crime is convicted, how much money should Xiaoru compensate the deceased, that is how much it should be." We are all judicial workers, and we must always take the law as the basis and uphold the dignity of the law. As for whether Xiaoru illegally killed people with a gun, that is a matter for the judge and the jury. ”
Xiao Guo explained, "Several children were scared by the shooting scene and are still receiving psychological counseling. ”
Cao Yun: "My client is also a child, and she is now being bullied in the detention center, and she has no opportunity to receive so-called psychological counseling. Xiao Guo, I just talked about this case from my point of view, from a legal point of view. Now I will talk about the case from the perspective of justice, Xiaoru killed these people, is it considered to be a harm to the people? We don't have children now, do you want your children to be bullied at school when you have children in the future? Look at the methods of these people, pick up clothes, and take pictures. There was even a boy to prepare the tip of the wall. And it was in the dormitory of the school, unscrupulous to the point of outrageousness. "The place where bullying happens in real news is usually in a semi-public place like a school toilet. Compared with this case, the truth is more arrogant.
Xiao Guo nodded slowly, "Okay, I'm doing business here, and it should be." It's true that I only think about their psychological growth disorders, and I don't think about fairness and justice. ”
Cao Yun "dispatched a garrison to arrest people overnight, which was more deterrent...... It can also be pulled tomorrow. ”
Xiao Guo said: "In the eyes of many people, if Xiao Ru can win the charge of illegal gun possession as a minor, it will be regarded as Xiao Ru's victory." The biggest problem in this case is that Xiaoru did not cooperate with the police and did not explain the source of the gun, because of this, I believe the judge will give a very heavy sentence. ”
Cao Yun asked rhetorically, "How can you be sure that Xiaoru didn't tell the truth?" Besides, if she really goes to court, with Xiaoru's image, I am sure that the judge will believe her. By the way, I will sue you again for dereliction of duty. Don't worry, step by step, if I were you, I would definitely choose to believe Xiaoru. I'm not saying this from Xiaoru's point of view, but from an objective point of view. ”
Cao Yun explained: "Xiaoru has no criminal record. According to the verification, she did not mix with the youth of society. She behaves like a young person in society for her classmates and teachers, seeking a sense of identity and collective care. Moreover, with Xiaoru's ability, let alone the standard military pistol, let her get a controlled knife, she may not have a place to buy it. Also, Xiaoru is not a fool, and it is too mentally retarded to lie about buying a package and giving Beretta to it. ”
Xiao Guo: "Indeed. When I first took over the case, I suspected that Xiaoru had taken some people's takeaways. However, I surveyed all the delivery people and fast food restaurant employees and found no problems. Takeaway food is stored in a blind spot in the restaurant's surveillance, and it's hard to know who did what. My team of four spent an all-night to see several surveillance sites outside the store, but no suspect was found, so I could only choose not to believe Xiaoru. ”
Zhao Xue: "I think the gun in this case is the biggest problem. 9 is definitely not something that ordinary criminals can get. Xiao Ru can have 9, I'm sure there is a secret in it. ”
Cao Yun thought for a long time and asked, "Looking at the surveillance, have you noticed the people who entered the fast food restaurant and passed by the fast food restaurant?"
Xiao Guo said: "There are too many people. The fast food restaurant is inside the mall, which coincides with the festival, and the crowd outside the mall is crowded. There is simply no way to lock down the suspect. ”
Cao Yundao: "In a mature criminal system, their criminal behavior is a series of behaviors. I'm the boss, and I'm going to kill Ye Jiao. I contacted Zhao Xue to deliver the gun, Zhao Xue is responsible for the daily storage and maintenance of the firearms in my criminal gang, and Zhao Xue will be responsible for delivering the firearms to the designated place. Xiao Guo is a killer, according to my instructions, at the right time, in the right place to get the pistol. After Xiao Guo kills Ye Jiao, Zhao Xue will go to a certain location to retrieve the gun. The benefits of this tandem model are many, but the requirements for the competence and quality of the personnel are very high. ”
In a Yankee crime documentary, there is a profession called courier, which was called when the delivery industry was not yet emerging. The task of a courier is to go to a certain place at a certain time to pick up the goods and deliver them to a certain location. Couriers are usually not gang members or even unwitting work-study students.
With this kind of tandem chain crime structure, it is difficult for the police to collect evidence perfectly, and it is also difficult to pull out the radish and bring out the mud. For example, the arrest of the delivery person, who at most was illegally armed. The courier was arrested, and the courier knew nothing about the items being delivered. If you catch the person who takes the goods, you can only catch the person who takes the goods. The more savvy criminal gangs will even send eyeliner to monitor all transactions throughout the process, and it is useless to catch him because he has not committed a crime.
The biggest advantage of this structure is that the division of labor is clear, and the professions of delivery, express delivery, pick-up, and killer can not be core members of criminal gangs, but people who can be sacrificed in criminal gangs.
Cao Yun: "I'm not in a hurry about guns, I'm more anxious about money." ”
……
Xiaoru's case is two cases. It's just that considering that the eldest sister in the lead is dead, and Xiao Young is scared half to death, Jiuwei and Xiao Guo discussed and did not intend to hold them accountable immediately. That is, I want to wait for the conclusion of the trial of Xiaoru's case, look at the performance of several witnesses, and then consider whether to make charges.
Prosecutors have a lot of authority, and they can choose to charge or not to charge as long as they have certain legally recognized reasons, such as minors.
There is no way now, Xiao Guo must file a case, otherwise Cao Yun will find trouble. After Xiao Guo completed the investigation of the case, he handed over the case information to the prosecutor Jiuwei. If the Nine-Tails don't accuse, Cao Yun will definitely be in trouble. Everyone in the circle knows that once a lawyer like Cao Yun accepts a case, he will inevitably be ruthless.
The next day, Xiao Guo issued a criminal detention notice and arrested five other students involved in the case. Nine-tails asked Xiao Guo what was going on, and Xiao Guo replied, I'm doing my job.
The investigation went well. After the five students were questioned separately, the police learned of the bullying incident in which they had been involved. Xiao Guo visited other victims, and the victims fell into the well one after another and bravely stood up. After all the things came out, Xiao Guo was startled. The problems in high school are much more serious than I think, and there are many young people in society who are involved in the daily life and study of high school students.
Fifteen young people were arrested in two days during the three searches, and it was found that someone had given illegal drugs to high school students. The Third Search Division and the Anti-Narcotics Division teamed up to dismantle a pellet shaking head supply ring.
After receiving Cao Yun's application, the police department held a meeting and determined that the gang was an organized violent criminal gang.
The designation of organized violent criminal gangs is as follows.
The first point is a stable organization, a large number of people, a clear leader, and a fixed member.
The second point is violence and regionality, the gang in this case repeatedly organized to beat and bully students in the same school, and dominated the school.
The third economic characteristic is the pursuit of economic interests. In this case, the gang extorted money from students and stole students' property.
The fourth point is harmfulness. In this case, the gang tried in vain to take photos of Xiaoru without clothes, and Xiaoru was at the tip of the wheel, with an orderly division of labor and cruel methods. Before Xiaoru, a number of female victims had already been photographed.
After the case was handed over to the Nine-Tails, the Nine-Tails were a little confused, is it so serious? The composition of an organized violent criminal gang is very vague, and the gang in this case is indeed involved in these four points, but each of them has certain justifications.
However, because the case was investigated very deeply, it was difficult to find out the crimes committed by young people in society. The Nine-Tails also started their own work, but the Nine-Tails did not consider them to belong to organized violent criminal gangs. Nine-Tails ended up charging only five people with a failed attempt on the wall.
The day after the charges were filed, Cao Yun came to the door. Nine-Tails had expected that Cao Yun would look for him, and after receiving a call from Cao Yun, Nine-Tails contacted Zhuge Ming, who would judge the case as a 'judge'.
……
Cao Yun pushed open the nine-tails office, saw Zhuge Ming sitting in a precarious position for the first time, and asked with a smile, "Hehe, are you a rescuer invited by Sun Monkey?"
"You may be seated. Zhuge Ming was unmoved, and asked Cao Yun to sit down, "Cao Yun, do you know why there is a law on the protection of minors?"
Cao Yun replied, "As a lawyer, I never ask why there is a certain law. "I don't care why there is Christmas, I know there is Christmas, and I just accept the fact that there is Christmas.
Zhuge Ming: "Okay, tell me your purpose. "Nonsense is not helpful.
Cao Yun: "I came to visit today for a total of four things. First of all, we are willing to issue a letter of understanding from Wang Bing, and Wang Bing's family is very active and sincere to apologize to Xiaoru, and is willing to compensate Xiaoru to the greatest extent possible. According to the spirit of the law, after the damage has been caused, the perpetrator offers compensation to the satisfaction of the victim, and may give him a lenient sentence or even not prosecute him as appropriate. ”
"Nine-Tails" blackmail and voluntary compensation are two different things. ”
Cao Yun put a business card on the coffee table, "This is Wang Bing's father's phone, if you have any questions, you can ask him to talk." If he knew that the prosecutor was trying to prevent him from paying compensation just to send his daughter to prison, I think he would have beaten you. ”
Nine-Tails was silent for a moment and asked, "How much is Wang Bing's compensation?"
Cao Yun "half a four-district house. ”
Nine-Tails was startled, "Three million?"
Cao Yun corrected "three and a half million." ”
Nine-Tails was shocked: "Are you blackmailing?"
Cao Yun: "I recorded and recorded the whole process of Wang Bing's father meeting with me, and I can give it to you if necessary." During our meeting, I didn't say any amount, just highlighted the physical and mental damage that Xiaoru suffered. It was Wang Bing's father who offered the compensation price of 3.5 million. This compensation is not only compensation for Xiaoru's objective mental losses, but also includes compensation for Wang Bing's guilt, apology and Wang Bing's father's guilt and apology. In other words, Wang Bing's father and daughter are very conscientious people who can change their mistakes, and Wang Bing's father is deeply saddened by his lack of education. I apologize for the harm caused to Ru. Wang Bing's father believes that not only must he be sincere in his attitude, but he must also have a specific compensation plan in order to express his apology. ”
Case-by-wall cases can last for three or 15 years, and victim's forgiveness is the key to directly determining the severity of the offender's sentence. The attempt will be mitigated according to the actual situation. This case belongs to the tip of the wall and the tip of the wheel, and the circumstances are heinous. It is not possible to start the deduction for three years. Adult wheels start in ten years. Attempt, three to five years. Attempts by minors, probably for about three years, can even be exempted from prosecution. Now that there is Xiaoru's letter of understanding, it stands to reason that the prosecution can consider not prosecuting Wang Bing.
Cao Yun's first thing is reasonable and well-founded, in line with laws and regulations. Although the money was a little more, it was the compensation given by Wang Bing's father 'on his own initiative', and the prosecutor had no right to ask for a reduction in compensation. At the same time, the higher the compensation given by Wang Bing's father, the more in line with the legal principle of forgiveness and compensation. (It is understood that the compensation belongs to Gao Yan.) )
Zhuge Ming: "Cao Yun, my question is, your client is facing felony charges, but you are making money here? Do you want to be ashamed?"
Cao Yun said seriously: "Fighting for the interests of employers is the basic professional ethics of lawyers. Monetary benefits are also one of them. ”
It is irrefutable that Cao Yun is very reasonable. It's just that everyone knows who Cao Yun is, and some words come out of Cao Yun's mouth, and people don't believe it. Cao Yun doesn't care, and he doesn't ask you to believe it, as long as what I say makes sense.
Nine-Tails said, "Please tell me the second thing." She didn't want to ask why Wang Bing's father would agree to the understanding agreement of 3.5 million yuan, and why Wang Bing's father and Cao Yun officially met and directly proposed 3.5 million yuan in understanding compensation. But Jiuwei knew that Wang Bing's father had to come up with 3.5 million yuan, either borrowing money or selling his house.