Article 502 Second Trial

After I appealed in court against the first-instance verdict, the first-instance verdict could not take effect for the time being, and Zhou Tong and Zhao Huaiyang were released again in court because they were released on bail pending trial and were sentenced to probation this time, so they were released again in court and went home to wait for the second-instance summons, while Yang Tao and I were escorted by the prosecution and bailiffs and sent back to the Yaoping Detention Center again.

After returning to the detention center this time, my mood is not so worried, after all, the first-instance verdict has been made, and now there are only two ways waiting for me, either the appeal is rejected, and I will go directly to Jinzhou Squatting Prison, and the second instance will take effect, and I can get a little bit of life.

In contrast to my indifferent freedom during the day, I can't sleep at night, and at this time, I want to say that I am not afraid at all, it is pure bragging, after all, everyone knows that prison is certainly not a good place, although I have tried my best not to let myself think about these things, but I can hide it from others, but I can't hide it from myself, I can stay up after a few sleepless nights, I became unshaven, began to lose a lot of hair, and there was a circle of bubbles on the side of my mouth.

After staying up for seven days and nights in a row, Shang Junwen came to the detention center again.

Arraignment room.

"How's the case?" As soon as I saw Shang Junwen, I asked anxiously.

"There was some resistance, but we were able to overcome it. Shang Junwen handed me a lit cigarette along the iron railing, and continued: "Your case has been in the hands of the Yaoping Court, and they have bitten it to death to uphold the original verdict, but after all, they can't resist the Municipal Intermediate Court, and they are clamoring that you can not accept the verdict, but it can only be remanded by the Municipal Intermediate Court for retrial, and it is still tried by the Yaoping County Court." ”

"What is the final result?" After listening to Shang Junwen's introduction, I immediately became nervous, if this case is still tried by the Yao Ping Court, then my appeal in court can be said to be meaningless, and even after the retrial, the sentencing will be heavier than the first-instance judgment.

"Haha, don't worry, the ideal of Yao Ping's court is plump, but the reality is very skinny. Shang Junwen smiled at me: "Yao Ping's side, no matter how tough his attitude is, after all, it is only a lower-level organ of the Intermediate Court, and in the end, the people who went to the Yao Ping Court made the leaders of the Municipal Intermediate Court lose their faces, and the letter of application for retrial was directly thrown into the trash...... The location of your second trial has been determined, in the Municipal Intermediate Court. ”

I was overjoyed: "Is there a turnaround?"

"That's right. Shang Junwen nodded slightly: "According to the procedure, after you file an appeal, the trial time limit of the second instance is three months, and then Mr. Gan operated from it, and your second trial will be held in eight days." ”

After listening to Shang Junwen's words, I thought for a while: "As a professional lawyer, do you feel optimistic about the outcome of the second trial?"

"Listen to the truth, listen to the falsehood?"

After I heard Shang Junwen finish speaking, I immediately threw the cigarette butt on the ground irritably, and stepped on it with one foot: "Isn't this nonsense, I've been squatting inside for four months, when I first came in, there was still a scream outside, you look at it now, the leaves are about to fall off, you say I want to hear the truth and falsehood?"

"You have been in it for a long time, and I can understand the psychological anxiety, but you are useless to me for seizures, because I am helping you. Shang Junwen teased me and continued to speak: "From my personal point of view, I will do my best to help you handle this case, but according to my experience for many years, your first-instance verdict is obviously slightly heavier, so from a personal point of view, I feel that you may be sentenced to probation in the second instance, basically no, I have studied the previous cases, your case is in the end, if you can be sentenced to two to three years in prison, even if you burn high incense." ”

"......" After listening to Shang Junwen's words, I felt my brain buzzing: "In other words, no matter how troublesome this thing is, I will definitely be smashed into JB in the end?"

"Look at you, how can you talk in a hurry, didn't I tell you, those are ordinary cases!"

After a few words of dialogue, I was tossed by Shang Junwen, and looked at him speechlessly: "Big brother, can you stop panting when you speak, you haven't squatted in the detention center, you must not have a backache when you stand and talk, please understand my mood, okay?"

"Hey, how do you know I haven't been guarded. ”

"You're a lawyer, squatting in the detention center to do chicken feathers?"

After listening to my words, Shang Junwen's eyes flashed with sadness: "I remember that it was my first year in the industry, when I received a commission from a lady, she was divorcing her husband, so she hired me to help her deal with civil litigation and property division business, back and forth, the two of us sparked a little bit of love, and was later photographed by a private detective hired by his husband, and then she not only didn't get much money, but I also squatted in it for half a year because of suspected dereliction of duty." ”

Seeing Shang Junwen's tangled face, I was inexplicably happy: "Hey, then you and that little young woman, did you succeed?"

"It's a chicken feather, after I let it out, she hired someone to squat downstairs for more than half a month, saying why she wanted to beat me, and finally forced me to keep moving, I can't figure it out, you said she is in her forties, why is her temper still so explosive?"

"Wait!" I interrupted Shang Junwen a little confused: "How old are you saying that woman?"

"I also forgot, she was either forty-seven or forty-eight that year, anyway, she just stopped menstruation, I remember this. ”

"She's in her fifties, you rub a spark of JB love with her, you tell me the truth, do you have a crush on her money?"

"I tell you, you can insult my profession, but you must not insult my personality. Shang Junwen suddenly became anxious: "I swear to God, when the two of us were together, I didn't spend a penny on her, but instead filled in all the wages of those months on her!"

After listening to Shang Junwen's words, I swallowed my saliva slightly: "Hey, let me ask you a personal question, how old were you when you two were together?"

"Just got out of school, twenty-three or four-year-old, what's wrong?"

"It's okay, it's good! Don't mention your love history, let's talk about my case, okay?" I looked at Shang Junwen, who seemed to be a scum in front of me, and suddenly felt that my case was in his hands, why was it so hasty.

"Your case, in fact, it's nothing, you just get ready to wait for the second instance to open, I advise you, you should eat, drink, don't put things in your heart, just watch it, because you don't care about it, it's not something you can decide about outside, what do you say?"

"That's the case, but I need to know where the case is going, right?"

After listening to my words, Shang Junwen nodded slightly: "Let me tell you this, the night before yesterday, Mr. Gan and I met with Secretary Wang of the Municipal Party Committee in charge of politics and law. ”

Hearing that Brother Dong had already raised the relationship so high, my heartstrings relaxed a little: "And then?"

Then Mr. Gan asked Secretary Wang's secretary whether he had made any major speeches at the recent meeting, and the secretary told us that Secretary Wang mentioned the poverty alleviation work in the following two poor counties and the resettlement of the elderly and widows at a livelihood symposium in the city. ”

"Hmm. I nodded slightly, indicating that I would listen again.

"Yesterday morning, half of the construction team at the Yipincheng construction site was transferred to the two poor counties to build nursing homes, which are fully funded by Yipincheng and will be donated to the local government free of charge after the construction is completed. ”

"I see. After listening to Shang Junwen's words, I nodded slightly, I was not as happy as before, for our case, Brother Dong donated two nursing homes on the surface, so maybe there was a lot of effort behind it.

"In this second trial, your confession needs to be changed, although the charges will not change, but when determining the circumstances of your crime, it may be of some help......" Shang Junwen's voice fell, and he began to discuss the details of the case with me.

Ten minutes later, I reached out and pressed the button next to me: "Thank you, Lawyer Shang." ”

Shang Junwen smiled and packed the briefcase in front of him: "Wait, I believe that the city law will give you a fair ruling." ”

……

Eight days later.

People from the Municipal Intermediate People's Court rushed to the Yaoping County Detention Center early in the morning, and Yang Tao and I were immediately escorted into the car and rushed to the Ayang Intermediate People's Court to receive the second-instance verdict.

Our trial this time is different from the last first trial, it is not a public trial, but an internal trial, so this time the spectator seat is empty, and even Brother Dong did not appear.

At 8:40 a.m., the second trial began.

Yang Tao, Zhao Huaiyang and Zhou Tong and the four of us appeared again, and the prosecution was still the Yao Ping Procuratorate, but when determining the facts of the indictment, I insisted that I was not to take revenge on Liao Fanfan, but to catch him and send him to the police.

Shi Yigang, who had just been discharged from the hospital for a few days, also appeared in court as a witness to confirm that he was deliberately robbed by Liao Fanfan that day, and Shang Junwen also issued evidence to confirm that the person who accompanied Liao Fanfan to rob was not the group of people we met at the altar meat restaurant at noon that day, and asked the hospital to separate the conflict between us and Liao Fanfan at noon that day and the robbery that happened that night.

In the face of our rebuttal, Yao Ping's prosecutor and Shang Junwen launched a heated discussion, but most of the conversations between the two sides were citing laws and regulations, and I was dizzy to listen to them.

At 10:40, the judge adjourned the trial.

At 11:20, the judge read out the results of the trial: "After the conclusion of the first instance of the Yaoping County Court, the criminal suspects Han Fei, Yang Tao, Zhou Tong, and Zhao Huaiyang were prosecuted on suspicion of intentional injury...... The Anyang City Intermediate People's Court retried the case, and the judgment is as follows:

The first defendant in this case, Han Fei...... According to the retrial of the Anyang Intermediate People's Court, Han Fei is suspected of the crime of picking quarrels and provoking trouble, and has shown remorse, and the application of a suspended sentence to him will indeed no longer endanger society, and a suspended sentence can be declared, and he is now sentenced to two years imprisonment with a three-year suspension.

The second defendant in this case, Yang Tao, was suspected of picking quarrels and provoking trouble, and was sentenced to one year in prison with a two-year suspension.

The third defendant in this case, Zhou Tong, was suspected of the crime of disrupting public order and was fined 5,000 yuan and exempted from criminal responsibility.

The fourth defendant in this case, Zhao Huaiyang, was suspected of the crime of disrupting public order and was fined 3,000 yuan and exempted from criminal responsibility.

……

This judgment is final. ”

'Brush!'

After listening to the judge's verdict, everyone in the dock breathed a sigh of relief, and the depression that had been suppressed for months was finally swept away.