Chapter 42: There is a lot of room for imagination, and it is easy to fish in troubled waters!
During this time, in order to prepare to talk to Gao Zhicheng and them about economic compensation, Liu Xiaoshu was not idle. When he has free time, he will ask his colleagues in the hotel about how to talk to the other party about financial compensation in a criminal and civil case.
For most people in the hotel, they have not encountered anything like this, and there is not much valuable information for reference to provide to Liu Xiaoshu. Even if one or two had heard of the case, they all suggested that Liu Xiaoshu consult a lawyer, because they couldn't say much about the handling experience.
In the end, Liu Xiaoshu went to a law firm for consultation. Liu Xiaoshu went to the law firm, and the lawyers there seemed to be very busy, and Liu Xiaoshu waited for a long time, until it was almost noon, and a lawyer from this law firm came out to meet Liu Xiaoshu.
"Did you call the police?" The lawyer, who still didn't know the situation, sat down and began to ask Liu Xiaoshu about the situation.
"We've called the police and now they're in the hospital. Liu Xiaoshu continued to talk to the lawyer about the basic situation of the case.
"After calling the police, did you conduct an injury evaluation?" the lawyer continued to inquire about the situation.
"The police have been to the hospital and have done an injury evaluation, and the police said that the victim's injuries were serious, but he did not leave any disabilities, but he needed to recuperate in the hospital for a while. Liu Xiaoshu gave a clearer explanation of the circumstances of the case.
"Based on what you said, the other party has committed a criminal offence. After calling the police, it is sufficient to detain the criminal liability of the other party, and then file a civil lawsuit attached to the criminal case. After listening to Liu Xiaoshu's explanation, the lawyer had a basic understanding of the case.
"The father of the leader of the assailant has already been to the hospital. The other party seems to have the intention of having a private thing. When the other party came to the hospital, he left his contact information, called the victim, and came up with a financial compensation plan with the party. Once you've thought about it, feel free to contact them. If the other party is willing to pay financial compensation. What is the compensation standard, and how much is it appropriate to ask the other party to compensate? Liu Xiaoshu also told the lawyer about Gao Zhicheng's coming to the hospital to talk about financial compensation. For the question of how to compensate, the specific standard of compensation, and how much compensation is more appropriate to ask for for what has been hidden in his heart for a long time, Liu Xiaoshu couldn't wait to ask at this moment.
"There is no hard and fast standard for this. If a criminal offense is constituted, a civil lawsuit attached to the criminal case or a separate civil lawsuit may be filed for compensation, and the specific amount of the claim shall be determined by various factors such as the division of responsibility and the level of disability. From a professional point of view, the lawyer explained to Liu Xiaoshu that the rules for determining economic compensation are rough.
"I see, this has to do with the other party's economic strength and how much money the other party is willing to spend for personal freedom. You have to talk to the other party about how to pay for it. At this time, Liu Xiaoshu talked about his understanding of the amount of the claim from the perspective of a layman's thinking.
"Yes. The lawyer affirmed Liu Xiaoshu's understanding.
"The other party is a rich second generation, his father is very rich, is it reasonable to ask for 1 million compensation. The purpose of the other party is not to be sentenced. Liu Xiaoshu asked the question in his heart.
"It's reasonable for you to ask for such a claim! However, it is not up to both of you to decide whether or not to sentence. Because when the other party's behavior constitutes a criminal offense, in the process of the court's trial, it is necessary to consider the social impact of the case, and they must make a criminal sentence from the aspect of social order and social stability. After listening to the lawyer's explanation, Liu Xiaoshu had never known that it was so complicated to talk about economic compensation.
However, there is also a possibility that this kind of criminal case with civil attachment will not be sentenced. It depends on the outcome of the criminal proceedings. However, judging from the details of the case you described, the other party has relatively serious criminal offenses, and the nature of a group of people beating and committing violence is generally more serious than that of a single person, because the social impact of the former will be relatively large, and it will have a greater impact on social order and social stability, so the possibility of the other party being exempted from criminal punishment is extremely low. However, the other party can use financial compensation to reduce the criminal sentence. The lawyer's explanation gave Liu Xiaoshu a clearer understanding of the trial of the case.
"According to the current situation, how many years will the other party be sentenced?" Liu Xiaoshu continued to ask the lawyer.
"Where intentional injury causes serious injury to one person, the starting sentence is to be determined within the range of 3 to 5 years imprisonment. At the same time, the other party may be given a heavier punishment in the following circumstances: where retaliation harms others, the base sentence is increased by up to 30%, and where others are hired to commit harmful acts, the base sentence is increased by up to 20%. and considering that the other party has the behavior of gathering a crowd to commit violence. The term of imprisonment for criminal trials will be at least 4 years. After listening to Liu Xiaoshu's question, the lawyer roughly estimated the length of the sentence.
"Even if it is a four-year prison sentence, is it possible that the sentence will be reduced because of financial compensation?" Liu Xiaoshu continued to ask.
"It's entirely possible, for example, I just read your injury description. Your serious injuries are the least of them. If the other party makes financial compensation, the court can use the minor injury as the basis for judgment. In your case, after the other party makes financial compensation, the court will have a very large room for a lenient sentence. But it is impossible to avoid being sentenced at all. If the other party makes financial compensation, the court can go to fixed-term imprisonment of less than 3 years or criminal detention at the time of judgment. The other party can also seek a stay of execution. After Liu Xiaoshu listened to the lawyer's words, although the other party was completely exempt from criminal sentencing, it was impossible. However, after making economic compensation, there is a lot of room for imagination to strive for a lighter sentence. The other side has every incentive to use financial compensation to obtain the maximum lenient sentence, so as to reduce the number of years of criminal sentence.
"According to your words, this gives the other party a very large and very attractive space for the imagination of mitigating criminal punishment!" Liu Xiaoshu felt that with Gao Zhicheng's financial resources, he was fully motivated, capable, and confident to reduce his son's criminal punishment through financial compensation.
"Yes, although criminal punishment cannot be completely avoided, it will still give the defendant a lot of room for imagination. At the same time, your victims can take advantage of each other's psychology. Touch the troubled waters and try to strive for higher financial compensation. After listening to the lawyer's words, Liu Xiaoshu's heart couldn't help jumping out: There is a lot of room for imagination, and it is easy to fish in troubled waters!
"Do the victims and the client need to hire a lawyer? The current situation is that the public security has already conducted an investigation and collected evidence, and the facts of the perpetrator's murder have been conclusively conclusive. Just waiting for the final ruling. Liu Xiaoshu asked.
"It's up to you, please or not. The lawyer replied.
Liu Xiaoshu thought to himself, since there are no hard requirements on the court's side, then don't invite it.
"If you need our lawyer to be present when you are talking about financial compensation, you have to sign a power of attorney with us in advance. At that time, we can go to the police and the court to help you understand the progress of the case. "When the lawyer saw that they had almost finished talking about their problem, they began to talk about hiring a lawyer.
"I need to go back and discuss with my friends whether or not to hire a lawyer. At this time, if Liu Xiaoshu directly said no, he felt that it was not very easy to speak emotionally, so he said an excuse in passing.
After Liu Xiaoshu walked out of the law firm, he immediately remembered that he should call and ask how the situation on Zhang Dequan's side is now. Look at how well they are preparing for the negotiations.
"Dequan, how are you preparing for the negotiation over there. Liu Xiaoshu knew that Zhang Dequan would definitely have nothing to do in the hospital, so as soon as he remembered to call, he immediately called.
"By the way, we have something important and forgot to call to tell you. It was I who called the boss of the Zhicheng Group last night. Sister Li Ling also directly told the boss that she wanted 5 million financial compensation, I thought she was crazy, how could she ask for so much. She said it was the idea given to her by her roommates. Zhang Dequan told Liu Xiaoshu about his phone call to Gao Zhicheng last night.
"Why are you making such a fuss? That's what we're asking for. I went to the law firm just now to ask a lawyer. Listening to their explanations, they said that in our case, there is a lot of room for negotiation and discussion, and although the sentence cannot be completely avoided, there will be a lot of room for commutation and lightening of the sentence that can be sought. I think Gao Zhicheng must be very aware of this situation. Since there is a lot of room for imagination in this case to reduce the sentence and light sentence, then let's have a good time fishing in troubled waters!" At this time, Liu Xiaoshu seemed to have smelled the smell of banknotes.
"Brother Xiaoshu, will we be too ruthless if we do this. Zhang Dequan said with some concern.
"How can it be? You definitely don't know how good Zhicheng Group is, and you definitely don't know how rich Gao Zhicheng is. With a net worth of tens of billions, do you think people will care about this? In Gao Zhicheng's family, any house and car are millions, and people will care about this little money. Besides, we are also teaching him and his son a lesson, so that they know that rich people can't be too arrogant. Liu Xiaoshu said confidently that Liu Xiaoshu had already heard from his colleagues in the hotel about Zhicheng Group and Gao Zhicheng. Because most of the things in their hotel kitchens are long-term supplied by Zhicheng Group. In particular, they need fruits and vegetables, chicken, duck and fish, grain, oil and seasonings in their kitchen.
In a few days, Gao Zhicheng will go to the public security bureau with us to discuss financial compensation, and you will come when the time comes. Regarding Liu Xiaoshu's words, Zhang Dequan was really speechless at this time.
"I'm definitely coming!" Liu Xiaoshu said. After that, Zhang Dequan talked to Liu Xiaoshu for a while, and then ended the call.