Chapter 381: Life and Death Marriage Case (I)
Sima Luo: "Shall we talk to the Nine-Tails?"
Cao Yun said: "In what capacity? Insiders, or underground defense lawyers? Before you think about it so much, should you decide whether to take on the case or not?" ”
Lu Yihang asked: "Lawyer Cao, according to this line of thinking, what do you think is the chance of overturning the case?"
Cao Yun thought for a while: "As long as you pull Sima Luo as an assistant, He Yingcai is not a problem, people don't appear in court at all, they can say whatever they want." Yihang, you challenge the Nine-Tails, I am optimistic about you in terms of strength, but the Nine-Tails must fight on the basis of reason. In the end, it's up to the judge. If you want me to see it, June Fourth, the Nine-Tails has a slight win. ”
Lu Yihang was stunned: "Why?"
Cao Yun said: "If you want to defeat the Nine-Tails, do you want to collect clues and information, do you want to learn about the situation from the town police who were sent to Daewoo Island at that time? They don't think they are at fault, and your doubts will definitely annoy them." This part of the material is very difficult to collect, unless Sima Luo shows your identity as a prosecutor. ”
Sima Luo smiled bitterly: "This needs to be reported to the Special Investigation Department for approval and filing, and the case will be filed to investigate whether there is soft violence to extort confessions on Daewoo Island." Maybe after this case is completed, I will really come to Takayama Law Firm to work on chores for a long time. ”
Lu Yihang looked at Sima Luo: "Pick it up?"
Sima Luo put his face on the table: "I don't know." "Not only is it difficult to conduct a trial, but it is also difficult to investigate. The difficulty is not because the case is complicated, but because the position and identity are complicated. Sima Luo and Lu Yihang, who claimed to be righteous, subjectively determined that the underground should not be sentenced to intentional homicide.
Gao Shan Xing watched the excitement and sighed: "It's so miserable." ”
Cao Yun smiled: "We can't compare with people who pursue the spiritual level, as long as we have money...... How's the island?"
Gao Shan Xing said: "The city hall is willing to rent a small island to me, it is very cheap, but there are conditions." I am responsible for the rescue of the island within five nautical miles, the removal of marine debris within two nautical miles, and the buildings on the island must not damage the local ecology and environment. No more than twenty people are allowed to be on the island at the same time...... Balabala, the conditions are many, very harsh. ”
"So?"
"So...... I thought about it for a long time, I just wanted to buy a holiday home in Northern Europe, how did it turn into a rental island?"
Cao Yun: "You have money." ”
Hearing Cao Yun say this, Gao Shan Xing was proud at first, and then sighed lightly: "Alas...... This is the money that Wang Zi's life got in exchange. ”
Cao Yun looked at Lu Yihang and Sima Luo, pulled Gao Shan Xing's little hand to the side, and said in Gao Shan Xing's ear: "If you want to help Wang Zi take revenge, it's not impossible." Trisy was able to buy the killer through the major leagues, and she must have gone out of money. Going cross-cutting to raze and raze, and using the big alliance to deal with the big league, has achieved miraculous results. If you really want revenge, buy a change in order to help you investigate. If the investigation is successful, give a million dollars. The investigation failed, and the people did not take a penny. If you send this information to the police, the police will get Tricy in trouble. ”
Gao Shan Xing hurriedly shook his head: "Cao Yun, it's dangerous for you to think like this." You're not a fork, you're a lawyer, you're innocent. How can you fight crime and take revenge through criminal channels? Don't do that, because a lot of people are paying attention to you, and if you're not careful, you'll be ruined, and you'll spend your golden years in prison, or you'll die on the streets. ”
Gao Shan Xing said: "You are familiar with all parties, and you try to act as a neutral person. But have you ever thought about it, people are emotional creatures. That's right, it must be rational to have certain achievements. I shouldn't use all words, I should use multiple words. But it's quite normal for a few neuropathies in the population. You are Cao Lie's son, I have an enmity with Cao Lie, I don't care if you and Cao Lie are close or not, I will kill you. You can't play a game without the rules of the game. ”
Gao Shan Xing: "You know better than me what the rules are, do you have rules when you make your first pot of gold? Who will abide by the rules when you are about to collapse? Rules are just a threshold artificially set by these criminal gangs for better and more benign development. Once their interests are really touched, the rules are puffy clouds. Suppose you, Cao Yun, now know the identities of the Flame judges, and you are neutral, but do you think they won't kill you? They will put their fate in your hands? At this point, the rules are just a fig leaf. I've always wanted to tell you that I can't play with Blaze and Hyena anymore, and I'm going to stop it. Even if you retire now, I will support you. Heavenly jealousy makes sense, I don't want to go to the streets to help you collect your body. You warned us about Wang Zi, we didn't believe it, and it really happened in the end. Now I want you to heed my warning to you and stop playing with fire. ”
After Cao Yun listened, he gently hugged Gao Shan Xing for a long time and didn't let go, Gao Shan Xing: "What are you doing?"
"Eat tofu. ”
Gao Shan Xing pushed Cao Yun away: "I'll heat up the food and prepare to eat later...... What do they do?"
Cao Yun said: "They will handle it themselves." ”
Is it useful to be troubled? You are set up as people with ideals, and if you don't accept them, how will you see yourself in the future? How do you think about the ideals that have been desecrated by yourself?
After that, you have to do something. Doing things will definitely be misunderstood, and it will be difficult. No matter how difficult it is, you are people with ideals, and if you give up because of difficulties, how will you see yourself in the future?
Therefore, when Cao Yun threw the case to Lu Yihang and Sima Luo, he had already seen half of the results. It's just that Cao Yun doesn't know who will win and who will lose in the third trial. But no matter whether they win or lose, if the two can withstand this baptism, the future is limitless. Therefore, if you can not accept the criminal case in the future, you will not accept it.
Cao Yun is not worried about Lu Yihang becoming a prosecutor, and he is not worried about what Sima Luo has learned to counter himself. It's okay not to take on criminal cases. Let Ouyang Yi, the king of criminal cases, go. Besides, there will be a chance to fight them in the future...... It is estimated that it will be tiring.
At this time, Yun Yin came in a car, not only did he come, but also brought a middle-aged man of fifty years old.
On Friday, the receptionist had already gotten off work, and he took the customer to the door to see the situation of Yunyin, and Gao Shan Xing stepped forward to receive him. Yun Yin said: "Don't be empty, it's very urgent to find Cao Yun." ”
……
Yun Yin brought a strange case. (Gao Yan Law)
The man's name is Kameda, and thirty years ago he sold the factory and company he inherited and took out a loan to buy real estate. Now it has four storefronts in the prime area of the commercial street in the second district of Dongtang, with a total area of more than 1,500 square meters, and the average rent is 1,000 yuan per square meter per month. In other words, these four stores can provide Kameda with a monthly income of 1.5 million yuan. In addition, he has seven commercial houses in the five districts and two villas in the quasi-wealthy districts. Every month when you don't do anything, you have millions of incomes.
Important: These storefronts are the personal property of Kameda, who met his current wife, Sachiko, who has a child at the age of 15, while traveling around the world at the age of 35.
Last month, on the 50th birthday of one of Kameda's comrades-in-arms, Kameda and several comrades-in-arms went to the countryside to congratulate their comrades-in-arms. During the period, when talking about the events of the year, everyone was full of pride and drank it one after another. As a result, Kameda had convulsions and fell into a coma.
According to the timeline, the 1st birthday celebration and drinking until 1 am on the 2nd. At two o'clock in the morning on the 2nd, Kameda was very unwell, and the son of his comrade-in-arms drove Kameda to the town hospital and contacted Kameda's wife, Sachiko.
Sachiko arrived at the town hospital at 10 a.m. on the 2nd, and at this time, the doctors at the town hospital announced that Kameda had died of ineffective rescue.
Sachiko returned to the Eastern Tang Dynasty on the evening of the 2nd, and at 9 o'clock in the morning on the 3rd, she registered her marriage with a man named Kameyama.
That's right, Kameda came back to life, and due to the lack of equipment and the unprofessionalism of the emergency doctors, it was not discovered that Kameda had not died at that time. At eleven o'clock in the morning on the 3rd, a doctor who went to the morgue heard the movement and found Kameda alive.
Kameda's situation is relatively rare, but it is also rare, and there are many real similar cases. Fake death is mainly focused on alcoholism, electric shock, head hits, and traffic accidents, mainly due to negligence on the part of emergency physicians or related to obsolete medical equipment.
The difference is that there is nothing wrong with the others, and there is a situation of marriage change on Kameda's side.
According to the Marriage Act, after a doctor declares a person dead, the relationship between a person and his or her spouse is naturally dissolved. For example, if someone dies at 12 o'clock, and at 12:01 second, someone's spouse registers his marriage with someone else, which is also okay.
The doctor announced Kameda dead and Sachiko and Kameyama married, so is their marriage valid?
The regulations are clearly stated and are valid. In other words, Sachiko and Kameda have dissolved their marriage.
This is followed by two points of controversy, the first of which is the death of Kameda and the inheritance of Kameda's entire estate by Sachiko and his son. Kameda is alive again now, is it still possible for Sachiko to inherit Kameda's legacy?
Although this issue is not clearly stated in the law, Cao Yun replied with certainty: "If you go to court, Mr. Kameda, you will win, and you don't even need to hire a lawyer." Sachiko can't take your inheritance...... Property. ”
Then there is the second point of controversy, a year ago, Kameda was talking to a woman outside, and Sachiko made a big fuss when she learned about it. Eventually, the two parties reconciled, and Kameda wrote a letter of guarantee.
There is a clause in the guarantee that if the woman is not at fault, if the man asks for a divorce or the woman asks for a divorce, the other party must agree, and Kameda must hand over the two gold stores to the woman as compensation after the divorce.
Kameda explained this, Sachiko has no real estate, only some cash in her account, plus she is messing around outside, which makes Sachiko feel insecure. Sachiko is worried that she will suddenly file for divorce one day. At the same time, Sachiko said that she was not sure that she could accept Kameda's behavior and did not promise not to file for divorce. So add this one. Kameda didn't agree with this either, but the twenty-year husband and wife, plus Kameda felt guilty, and at the same time talked about his heart, he couldn't hold his head up in front of his children. So Kameda agreed.
Now that Kameda is gone, Sachiko can marry Kameyama so quickly, and it is obvious that the two must have been related before. Kameda investigated through a private investigator and found no evidence of a real heart-to-heart conversation between the two. But the private investigator told Kameda that since three years ago, Sachiko has given her fitness personal trainer Kameyama between 30,000 and 50,000 yuan in cash every month. Another year ago, Kameda was caught talking to a woman by Sachiko, and it is likely that Sachiko and Kameyama conspired to do it.
Sachiko is 42 years old this year, and Kameyama is 35 years old this year Chinese New Year's Eve.
Kameda came today to wonder if he could not fulfill the contents of the guarantee through legal means, that is, not to give Sachiko a store?
Cao Yun looked at the copy of the guarantee, and after a long time, said: "Mr. Kameda, how do you say this? If you want to say it, you have to give it, and if you say you don't give it, you can not give it." If, according to the paperwork, you did not take the initiative to ask for a divorce, Sachiko did not take the initiative to ask for a divorce, and you terminated the marriage because of a natural relationship, then you don't have to give Sachiko a storefront. But the judge doesn't pick the words like this, and generally speaking, if the judge writes this guarantee after knowing that you made a mistake, he will award the two stores to Sachiko without accounting for the wording issues. ”
Cao Yundao: "On the whole, it is difficult to judge, this is a case where the probability of victory and defeat cannot be determined. Mr. Kameda, your advantage is that Sachiko and Kameyama have known each other for three years, and they got married in a flash after you faked your death. This is spectator evidence that the relationship between Sachiko and Kameda is not pure. But there is no substantive evidence, and circumstantial evidence is always circumstantial evidence. The disadvantage is that Sachiko has long considered how to write the guarantee letter in her favor, she is premeditated, and the terms of this guarantee are in her favor. ”
Yun Yin asked, "Cao Yun, do you suggest going to court?"
Cao Yun replied: "No suggestion, what does the other party want?"
Yun Yin said: "Putting the four stores from high to low according to their value is ABCD, where the value of A is the sum of CDs. Sachiko's lawyer wants AB two storefronts. ”
"The guarantee does not specify which two stores they are, only two of the four stores on the commercial street. Cao Yun said: "According to the contract law and the spirit of the contract, Mr. Kameda, you can give Sachiko a CD." But the law of marriage is sometimes quite fucked up in the law of the sea. The weak and innocent can easily gain the sympathy of the judge and thus take advantage. On the other hand, since you don't specify which store you are, it's okay to divide it equally according to the value, or if you are in charge of both stores, Mr. Kameda. The key lies in how the judge decides. The focus of the judge's decision on who will favor is still in the trial. If we can't negotiate privately, I'm not optimistic about the outcome of going to court. ”
Cao Yundao: "I'll be honest with Mr. Kameda, marriage cases are not my area of expertise. "The reason why I'm not good at it is that Cao Yun doesn't want to know too much. This type of case usually involves children, families, and so on. Sometimes in order to divide the divorce property, the lawyers or parties on both sides will find ways to win over the children and deceive the children. In addition, as mentioned above, there are too many laws that are implicated in the marriage law, and it is not that you can become an expert after memorizing the marriage law...... Apricot, there is a case related to marriage here. ”
Gao Shan Xing is still very modest in front of outsiders: "I'm not Wang Zi...... However, Wang Zi told me that female lawyers have a great advantage in marriage-related cases. There is also a high probability that the judge in charge of matrimonial cases will be a woman. You should find Ling Hulan. ”
Cao Yun clapped his hands: "Ling Hulan came back from Europe yesterday and said that I would invite her to dinner when she came back." "In the last June case, because Ling Hulan was used as a cover, Cao Yun said that he would invite him to eat when Ling Hulan came back.
Cao Yun: "What do you think, Mr. Kameda? If you can, I'll contact you, and we'll go over together." ”
Kameda nodded again and again: "Of course you can, it's almost dinner time now, I'll make the East ......"
Cao Yun said: "I'll contact first." ”