Chapter 523: Xiaoru's Case (I)
Zhuge Ming asked: "Do you think Qian Kun is the CEO of Flame?"
Yue Sanchi: "Yes or isn't it meaningful? The flames are already facing disintegration. I have a different philosophy from you, you are more concerned about catching and punishing criminals, and I am more concerned about the disappearance of crimes. In my opinion, as long as Dongfang stops and no longer gets involved in crime, it doesn't matter if Dongfang is arrested or not. ”
Zhuge Ming: "Since you are so free and easy, why did you target Cao Yun many times?"
Yue Sanchi: "Cao Yun belongs to an unstable energy. His position is afloat, today he may help the police catch the murderer, tomorrow he may help the murderer get out of court. In my opinion, the forks, the East, the Flame CEO, they have a position after all, you can speculate on their trajectory. Cao Yun is not ......"
Knocking on the door, Nine-Tails pushed the door in, and looked at Yue Sanqi with some surprise, and Yue Sanqi smiled and waved: "Do you miss me?"
"Why are you here?" Nine-Tails clearly didn't know the situation.
Zhuge Ming: "She is willing to volunteer to assist in the arrest of Zhao Feng, which has nothing to do with the charges and sentence he was charged with." What's the matter?"
Jiuwei said: "A wealthy man in Turkey invested 40 million US dollars to hire Nangong Tengfei, Cao Yun, Ling Hulan and Ouyang Yi to form a lawyer group and become Qian Kun's discretionary lawyer. ”
Zhuge Ming was shocked when he heard this: "If Qian Kun is not guilty, then Zhao Feng has no meaning." When did it happen?" The lawyer group formed by the four famous lawyers of the Eastern Tang Dynasty made Zhuge Ming, the first prosecutor, afraid before he could fight. Don't talk about others, being a Cao Yun is enough for Zhuge Ming.
The Nine-Tails replied, "Cao Yun just called me and told me about it. ”
Yue Sanchi asked: "Why did he take the initiative to inform him about this?"
Nine-tails smiled bitterly: "In two days, Xiaoru's illegal gun possession case will be in court, and he is putting pressure on me." ”
"Sit down first. Zhuge Ming sat down at the nine tails: "Do you have confidence?"
Nine-Tails thought for a long time and replied, "I don't know." ”
Zhuge Ming said: "You care too much about winning or losing, that's why you have such a mentality." Prosecutors can do their own essential work, and there is no need to be too demanding of themselves. ”
Yue Sanqi mended the knife: "But I have lost too many times." ”
Zhuge Ming was speechless when he saw Yue, he was cheering up the Nine-Tails.
Yue Sanchi said: "Marry him." ”
"What?" asked Nine-Tails.
Yue Sanchi said: "There are two ways to destroy Cao Yun. Physically eliminate him, or marry him. Once you are husband and wife, he cannot take on the case you are accusing of. In turn, he will help you charge criminals. If you are willing to seduce him, it is an easy thing, as a man he is difficult to refuse, and he will not refuse your embrace. Calculate your ovulation period, and once you get pregnant, she won't be able to run away. ”
Nine-Tails shook his head: "I am disgusted with him and can't accept him. ”
Yue Sanchi: "Think for yourself." Nine-Tails, men are very fickle, and now you are the most attractive to him. It is not excluded that after a few days, there will be other women who will become attractive to him. ”
Yue Sanchi: "His ideology is changing. Because of Ye Lan, he is unwilling to be bound by a relationship or marriage anymore. Rich, handsome, and connotative, he has many advantages, and he also has the capital to be a happy king. If you don't get rid of Cao Yun at this moment, you will be troubled in the future. ”
Yue Sanchi: "This is my style of acting, just achieve the goal, why care about the process?"
Nine-Tails made up his mind: "No, I don't accept your suggestion, I will defeat him in court." This time, next time, next time, I will definitely beat him. ”
……
The news that four famous lawyers formed a lawyer group to defend Qian Kun spread, putting tremendous pressure on the judicial system. Cao Yun only participated in the first meeting of the lawyer group, and the chief defense lawyer of the lawyer group was Ouyang Yi, and all the work was arranged by Ouyang Yi. At present, Ouyang Yi is investigating and learning about the Qian Kun case, and Ouyang Yi has filed an application for a judicial hearing in response to the prosecution's arrest but not charge. Ask the judge to refuse an application for an extension of detention.
According to the law, the normal period of detention without charge is 14 days, and the maximum period of detention can be up to 37 days. The police can detain the suspect for 30 days upon application. It is then reported to the Prosecutor, who has seven days to consider whether to bring charges.
Ouyang Yi immediately exerted full pressure on the judiciary before the prosecution filed charges. Either charge, or release. It is difficult to collect evidence in the Qian Kun case, and it is difficult to go abroad to collect evidence. In some cases, we can only wait for a response from foreign judicial authorities.
Why did the four famous lawyers take on the case? Naturally, it was because of the money, and $40 million was only the basic attorney's fee. If Qian Kun is acquitted, they will each receive $20 million in risk commissions. If Qian Kun is in prison for less than five years, they can each receive a $3 million risk mandate.
Fight for money, fight for fame, fight for justice!
Cao Yun concentrated on preparing for Xiaoru's trial. As Zhuge Ming said, he made so much money in the Xiaoru case, but he lost the criminal trial, and Cao Yun himself looked down on himself.
……
The trial of Xiaoru's case officially began.
If there is nothing new, the prosecutor will speak first and state the case. There is not much stated value in this case, Xiaoru has a firearm, and Xiaoru is not qualified to carry a gun. These two points constitute the crime of illegal possession of a firearm. Moreover, the Nine-Tails shows that Xiao Ru had an imaginary defensive mentality before shooting, so it can be judged that Xiao Ru shot and killed someone as intentional homicide.
First, the two sides argued in court on intentional homicide, which ended in less than two minutes. Nine-tails did not accuse Xiaoru of intentional homicide, but it was only a procedural requirement, the two sides argued, and the jury made a conclusion. Cao Yun gave a testimony explaining the situation at that time, when Xiao Ru was about to lose the ability to resist, Xiao Ru shot and killed people, which did not belong to imaginary defense, but to the last defense.
Hypothetical defense is a relatively obscure jurisprudence, and the judge made a point of explaining it to the jury. Judging from the judge's attitude, he is completely biased towards Cao Yun's side, and Xiaoru has no imaginary defense.
The focus of this case is on the crime of illegal possession of a firearm. The prosecution does not have much evidence, and it does not need much evidence, it is already ironclad evidence, ironclad evidence of the existence of facts, and the defendant has no ironclad evidence to deny it.
……
Cao Yun asked, "Defendant, can you be sure that it is a real gun?"
Xiaoru replied: "I can't be sure." ”
Cao Yun nodded and faced the jury: "Xiaoru is 17 years old this year, and she has never touched firearms in the past 17 years, and she has not even dabbled in relevant knowledge. Her knowledge of firearms comes entirely from film and television works. From the evidence provided by the police, it can be seen that Xiaoru compares the pistol in her control in each picture on the Internet. When interrogated by the police, Xiaoru was only sure that it was a pistol, and did not know that the pistol was the famous M9. ”
Cao Yun: "According to the testimony of the witnesses, we can find that Xiaoru loaded the bullet and put the M9 with the safety open under the pillow. I can tell the jury unequivocally that this is standard idiotic behavior. No one would do that, which shows that Xiao Ru is a pistol idiot at all. ”
Nine-Tails: "Oppose, I think it can prove that Xiaoru is mentally prepared to use a pistol." ”
Cao Yun: "Prosecutor, please read the testimony clearly. The five criminals were temporarily summoned to Xiaoru's dormitory to find trouble with Xiaoru. Without a long period of premeditation, it was impossible for Xiao Ru to know their plan. Prepared? How?"
Nine-Tails was silent, and if she dwelled on this, she would inevitably return to the verdict of intentional homicide. To be convicted of intentional homicide, the testimony of witnesses at the scene must be denied, and it must be proved that Xiaoru shot and killed people when there was still considerable room for resistance.
Cao Yun saw that the nine tails were silent, and said, "Apply for the responsible agent Guo Xiaowang to testify in court." ”
……
Xiao Guo appeared in court, but he didn't expect that most of the drafts he originally prepared would not be used, because he underestimated Cao Yun, to be precise, he underestimated the lawyer.
Xiao Guo explained the process and proved Xiao Ru's testimony: the whole family hid guns in the barrel as a true testimony.
Cao Yun's question was out of Xiao Guo's control, and Cao Yun asked, "Officer Guo, is it because of my insistence that the police agree to cooperate in the investigation?"
Xiao Guo: "Yes. ”
Cao Yun: "Is it because of my analysis that the police were able to pursue the 21st floor of the Xiami Building?"
Xiao Guo: "Yes. ”
Cao Yun: "Did I find a suspicious person?"
Xiao Guo: "Yes. ”
Cao Yun asked, "Then what did you do?"
Xiao Guo was stunned.
Cao Yun faced the jury: "A little girl, isolated. Suppose, if I don't find out the truth, what will happen to her? Her sincere testimony will be used as a weapon against her, and she will be considered to have refused to admit her guilt and will be punished severely. The court will consider her to be a mischief and will not accept her testimony. Not to mention how likely it is that she hired me, I can clearly say that it is a great accident that I was able to pursue the 21st floor of the Xiami Building. It was only by chance that her testimony was credible, which made me very afraid. ”
……
Cao Yun: "Xiaoru, after you think that the gun may be real or fake, have you ever thought of asking teachers or friends for help?"
Xiaoru replied, "Teacher, they don't believe me. ”
Cao Yun: "Why don't you believe you?"
Xiaoru: "I don't know why you don't believe me. At last year's Games, I had a high fever and applied for a substitution to run 2,000 meters, but I was ridiculed and finally fainted on the track. ”
Cao Yun looked at the witness stand: "Teacher Wang, you are Xiaoru's homeroom teacher, is this true?"
Teacher Wang nodded: "Yes." Xiaoru ...... How can I say it? After the incident, I kept wondering what bad things Xiaoru had done? In the end, there were only three things: skipping class, smoking, and not returning home at night. On the flip side, many boys have done similar things. It's easy to understand that boys are in a rebellious period and want to do something to attract attention or be a maverick. But we can't understand these behaviors of girls, and as a female teacher, I didn't do my job. Here it must be said: I'm sorry. ”
"Teacher Wang is polite, we all know that you are a teacher, Xiaoru told me that you are one of her most respected teachers. Cao Yun didn't wait for Teacher Wang's response, and then asked, "Teacher Wang, with your understanding, Xiaoru has no channel for asking for help?"
Mr. Wang replied: "There must be a channel for help, but objectively speaking, there is no more suitable person for help. ”
Cao Yun looked at Xiaoru: "Why don't you call the police directly?"
Xiaoru replied: "I thought about calling the police, but I thought about what if it was a fake gun? What will the school think of me? Will they think that I dare to make false police reports now?"
Cao Yun asked, "Why do you think so?"
Xiaoru replied: "To be honest, I don't believe that the whole family bucket can eat a real gun." The police certainly don't believe me, and no one will believe me. ”
Cao Yun faced the jury and said, "We have already raised this question just now, and no one believes that the whole family bucket will eat a pistol." ”
……
Cao Yun: "Prosecutor, after the incident, the five people involved in the case were not detained and let them go home without going through the procedures of bail pending trial. Isn't it?"
Nine-Tails replied: "Yes, I am a comprehensive ......"
Cao Yun interrupted: "Excuse me, did you also ask for judicial psychological counseling for them?" ”
Nine-Tails: "Considering they are minors......"
Cao Yun: "Isn't my client a minor? I'm going to ask you a question for you to answer seriously, if I hadn't intervened directly or even threatened to prosecute you, would you have opened a case against these five people for investigation?"
Nine-Tails: "Yes, but ......"
Cao Yun: "But?"
Jiuwei said: "However, we will first listen to the explanation and opinions of the psychological counselor before going through the judicial process." This is in accordance with the spirit of the law on the protection of minors......"
Cao Yun: "There are many of them, so they need protection. We are few and we don't need protection?"
Nine-Tails: "The crimes they are suspected of are different. ”
Cao Yun: "Joke. Let me ask you, is the tip attempt at the tip of the wheel more serious in legal terms, or is the illegal possession of a gun more serious?"
Nine-Tails couldn't answer.
Cao Yun faced the jury: "My client was treated as a criminal by the prosecution and the police from the beginning, and was treated as a murderer without a court trial. There was no psychological counseling, no juvenile lawyers, just an old lawyer who couldn't even read the words in the poor legal aid dispatch. The lawyer is now lying in a hospital room ready to undergo heart surgery. ”
Cao Yun: "The law pays attention to fairness and justice. What is the fairness and justice of this case?"
……
Cao Yun: "From the testimony and evidence, we can see that Xiaoru has never hurt any of her classmates in her year and a half of high school. I have never disturbed the study and life of any of my classmates. I have here a testimony from my junior high school and elementary school teachers, in their eyes, Xiaoru is a well-behaved, sensible, and good student. Why did Xiaoru become a maverick after she went to high school?"
Cao Yun: "When Xiaoru was in elementary school, her mother left her. As a result, she suffered from her father's long-term domestic violence. She endured in silence, knowing that at least her father loved her when he wasn't drinking. Even when her father was in prison for domestic violence, she still wrote letters of encouragement to her father. But Xiaoru didn't expect that her father also abandoned her after she was released from prison. ”
Cao Yun pointed to the hearing seat: "It's you who are talking about it." ”
Juvenile cases are not heard in public, and there are only a few people involved in the hearing table. On the hearing bench, Xiaoru's father stood up and bowed to the eldest parent, while Xiaoru's mother kept crying with her head down. There were no rebuttal actions or words.
Cao Yundao: "After her parents abandoned Xiaoru, Xiaoru stepped into a strange high school. No one paid attention to her, no one cared about her. She longs for warmth, for being cared for, so she begins to be a maverick. Because only in this way will the teacher talk to her alone and make her feel that someone still cares about her. Slowly, everyone thinks she's a bad girl. Began to distance herself from her, away from her. She was saddled with everything she shouldn't have carried at her age. ”
Cao Yun wiped away the tears from the corners of his eyes because of sentimentality, and the scene was silent.