Chapter 65: Case Analysis

It was so quiet in the house! Only the sound of writing and his own pounding heartbeat, the heartbeat grew louder and louder, so loud that it seemed to jump out of his chest. Pen & Fun & Pavilion www.biquge.info Ye Hongjiang pressed his heart with his right hand and slowly walked towards his back. He didn't know why he was going, he just heard someone say in his head that wherever he went, hugging that girl, his heart wouldn't jump out.

Just as he was about to spread his hands, he saw the pockmarked girl turn around, "What's wrong with you?" Is your heart uncomfortable! ”

The voice was not loud or powerful, but it dragged Ye Hongjiang out of his dream. Alas! My heart wasn't beating anymore, and I couldn't hear my heartbeat.

Li Qiufang poured a cup of hot water for Ye Hongjiang, who was back in the chair, "You rest for a while, you have been busy in the past two days." I told the director the new information. ”

The first thing ****** who hurriedly got out of the car was: "What about the case file?" Let me see! ”

Li Qiufang handed her excerpt to the director.

"On the phone, didn't you say that you got the case file?"

"The means by which it was obtained were not legitimate." Li Qiufang explained.

Liu Zaijun smiled, "Let's go, let's go back to the house." ”

Liu Zaijun, who doesn't like to watch the electronic version very much, always carries a portable printer, and this time is no exception. Without waiting for all the case files to be printed, he put on his reading glasses and read them carefully.

"Lawyer Liu, Xiaodong's bail?" Brother Niu reminded cautiously.

"Oh!" Liu Zaijun turned around, thought for a while, and said, "Xiaofang, you go to the police station to inquire again." Whatever the outcome, come back and let's analyze the case file together. ”

In the quiet room, Liu Zaijun was more able to concentrate on this case file of unknown origin. Unlike Li Qiufang, he didn't care about the channels for obtaining the case file, and he didn't even ask because of the consideration of occupational risks. He cares about the authenticity of the material in his hand.

This is an incomplete material, a lot of loopholes in the chain of evidence and mysteries to be solved, and it can be seen that this is a material for investigation and supplementation. From this aspect, the reliability of the material can be preliminarily recognized. Moreover, from the testimonial evidence in the materials, the basic situation of the case can be roughly outlined.

Defined in professional legal terms, this is not a case of rape in the usual sense. Rather, it is a legally fictional rape case.

Generally speaking, "the woman's disagreement and involuntence" is the basic characterization of rape cases in the qualitative indicators of rape cases, but there is a fictional provision in the Criminal Law: having sex with a girl under the age of 14, regardless of whether the woman consents or not, is a crime of rape. In the rape case that Niu Zhidong was identified, it was based on this law.

According to his own habits, Liu Zaijun drew a brief map of time on a blank piece of paper based on Niu Zhidong's confession, the victim's statement, and the testimony of some witnesses who appeared in the case file. It can be judged that the evidence of time is relatively cohesive.

Liu Zaijun stood up and made himself a cup of coffee. The long-term heavy work made his heart a little uncomfortable, and the doctor advised him many times not to drink coffee anymore. Liu Zaijun has reduced the number of times he drinks it every day, but he can't do without the refreshing coffee of coffee.

The materials record Niu Zhijun and the girl who are less than 14 years old overnight together are very detailed, but the acquaintance and relationship between the two is only an approximation, and they only explain that the two are netizens. This made Liu Zaijun feel that it was a breakthrough. It seems that the point is to find a way to get the chat history of the two.

The phone rang - "Director, the police have agreed to our application for bail. We immediately went to guard and pick up Niu Zhidong. It is estimated that I will not be able to go back until noon. ”

"It seems that the judicial environment in small places is not as bad as I imagined." Liu Zaijun put down his phone and let out a sigh, and inadvertently flipped to a photo that had just been printed, which was a single photo of a girl. He thought that the black-and-white printing had caused an error in the photo, and quickly pulled up the original photo from his notebook. Looking at it in contrast, the corners of his mouth couldn't help but tilt upward.

Picked up the phone on the table, "Hey, Xiaofang, if you have time, study the materials in the car, and I'll listen to your analysis later." ”

Analyze the advantages and disadvantages of the two ideas that you have drawn.

Mo Yifan just got up from the bed. He didn't close his eyes much last night, and finally waited for that Tian Tian to wake up, without saying too much, Mo Yifan climbed into the bed that still had Tian Tian's body temperature and fell asleep.

When I woke up, the door was tightly closed. Tian Tian didn't know if she went to work or got off work. When Mo Yifan was about to wash up and leave, he saw a line of words written on lipstick on the mirror of the sink - "I'm going to buy you food, I'll be back later." Looking at the time on his phone, Mo Yifan decided to see what kind of food this fairly well-behaved girl would buy for herself.

"Brother Mo, you use it first, I'll go out for a while." Tian Tian saw that Mo Yifan was very satisfied with the food he bought and said.

"Are you going to get off work?" Mo Yifan asked casually.

"No, the cafeteria has arrived, I'll go get some food."

Mo Yifan pointed to the food on the table and looked at the girl at the door strangely.

"I bought it for you." Tian Tian replied naturally.

Mo Yifan's heart swelled with a hint of strangeness. Put down the chopsticks in his hand, walked to Tian Tian's side, took Tian Tian's hand and said, "Since you bought them for me, you can eat them with me." ”

After Tian Tian sat next to Mo Yifan, Mo Yifan found out that Tian Tian really bought it for himself, so he asked for a pair of chopsticks. Pick up the chopsticks, pick up a piece of chicken and feed it to Tian Tian's mouth.

Tian Tian muttered embarrassedly, "I'll feed you!" ”

"Huh!" Mo Yifan stood up, "You wait for me." ”

Although Tian Tian said that he was full, Mo Yifan still forced Tian Tian to eat half of the only bowl of rice. I kept copying vegetables to satisfy my hunger.

"When I was sleeping, did anyone come looking for me?"

"Our boss knocked on the door and I blocked it."

"What do you say?"

"I said you didn't sleep well last night." I don't know what to think of and smile sweetly.

"What's wrong?"

"Huh!" Tian Tian was a little embarrassed, and squeaked for a long time before lowering his head and saying, "He looked me up and down for a long time and said, 'I can't see that our Tian Tian is quite charming.'" ’”

"Huh! Ignore him. Mo Yifan snorted haha.

While Mo Yifan and Tian Tian were talking and laughing, Li Qiufang pushed open Liu Zaijun's door, "Director, the person has been picked up." ”

"Where?" Liu Zaijun stood up.

That Ye Hongjiang took him to take a bath, what did he say to go to bad luck. He asked me to tell you, let's eat first, not wait for them. ”

"Oh!" Liu Zaijun put his chair back on, "That's it!" You call the restaurant and ask them to bring it to the room. Let's take advantage of this time to analyze the case. ”

Li Qiufang was very reluctant to analyze the case with the director during meal time, because she knew Liu Zaijun's style, and she would definitely not be able to take care of eating when she analyzed the case for a while. However, as someone else's subordinate, she had no choice but to pout and pick up the bedside phone.

"Xiaofang, tell me your thoughts on the case first."

Since the right to eat well was deprived by work, Li Qiufang had no choice but to pack up her mood and enter the work state. Sit in a chair, put the notebook on your lap, and open the material you just saw.

"Although the information we have is not very comprehensive on the details of the case, we can already see the basic situation of the case. On the substance of the case, we can say that "a boy aged 14 and 16 who has occasional sexual relations with a girl under the age of 14 who does not cause serious consequences can be exempted from responsibility." This judicial interpretation starts with the defense work.

In addition, during the police interrogation of Niu Zhijun, I found that their interrogation was seriously illegal. For example, their second and third interrogations were not attended by Niu Zhijun's guardian or teacher. From this aspect, we can apply to the court to exclude Niu Zhijun's confession. ”

"Not bad. To be able to discover procedural problems with the police in such a short period of time is commendable. However, what you say is based on the defense thinking when the case enters the trial stage. The client's request for us was not fulfilled. ”

"Director, the Niu family wants us to win the case before it goes to court? It's too hard for a strong man. Li Qiufang apparently thought this was an unreasonable request.

"The Niu family didn't mean that. However, have you ever thought that this is a case of minors, both the suspect and the victim. No matter how much care is taken into the juvenile case in the judicial process. The nature of the judicial process dictates that this is a long time. This time may be bearable for an adult, however, for a student who is attending school, this time is enough to change his fate, regardless of the final court decision. You have to remember that civil cases are a matter of money, while criminal cases are a matter of time and life. ”

Li Qiufang was recruited by Liu Zhidong to the institute, and he followed him during the internship stage, Liu Zaijun is not only Li Qiufang's leader, but also her teacher. Therefore, it is the responsibility of Liu Zaijun to teach her to be a good lawyer with professional ethics and integrity, not a complainant who only looks at money.

"What's more, Ye Hongjiang's boss is the one who pays us salaries, and he means that it is as fast as possible."

"I can't see that the honest Niu family still knows such a powerful old man."

"Old man?" Liu Zaijun laughed out loud, and the young man sitting in his office appeared in front of him, "He doesn't seem to be as old as you." ”

"Second generation!"

Liu Zaijun didn't speak this time, because he knew people quite accurately, and this time he really didn't see whether the young man who called himself Xiao Li was a second-generation figure.

"But if you win early, will the police enforce the Supreme Court's interpretation?"

Li Qiufang's self-talk brought Liu Zaijun back to reality, and he took out a black and white photo and presented it to Li Qiufang, "Look how old he looks?" ”

"Isn't that the victim?"

"You don't think about who she is, you think about the first time you see her, and your intuition tells you how old she is?"

"Why fifteen or sixteen?" Li Qiufang, who thought about it seriously, said her intuition, "Director, don't you suspect that her age is fake?" ”

"I don't care if her age is fake. However, as long as she doesn't look like she is under the age of fourteen. ****** looked at Li Qiufang, who was full of question marks, and said a little unhappily: "Now, look for this law on your computer!" ”

"Director, if you want to apply to the police to identify this appearance, I'm afraid it's not that easy." After finally finding the relevant legal provisions and knowing the meaning of what the director was referring to, Li Qiufang said.

"It's not easy! But why should we apply to the police? Couldn't the prosecutor? ”

"Isn't that the same as waiting until the case is transferred to the prosecutor's office?"

Liu Zaijun slapped Li Qiufang's head with tears and laughter, "The procuratorate is not only a prosecuting organ, but also a judicial supervision organ. ”

"Director, I know that." Li Qiufang rubbed her head, "But in reality, no one wants to make trouble for themselves." ”

"A good lawyer is not only a professional with professional ethics, but also needs to have a good interpersonal environment. This cannot be avoided in a country with a sound judiciary, and it is even more indispensable in a country like ours with a developing judicial system. ”

Ye Hongjiang did not follow Brother Niu and his battered son into the bathroom, but opened a separate room for the two of them. The reason is that he found that the son in Brother Niu's mouth who doesn't like to talk seems to be a little afraid of facing strangers after being baptized in the detention center.

"No matter what happens to this child, he is sick in his heart." Ye Hongjiang was smoking a cigarette outside the car and thinking-

Ever since he knew that Li Qiufang couldn't smell smoke, Ye Hongjiang hadn't taken a puff of cigarette in the car - suddenly, an omnipotent person appeared in his mind, "Yes, he is there." It's not really a problem. Brother Niu's family is really lucky! Ye Hongjiang sighed again. Suddenly, he smiled slightly, "My life is not bad!" ”

"That's right! Forget about the big things. Ye Hongjiang hurriedly dialed a phone call and reported the current situation. The other party seemed to be eating, I don't know if he was happy to eat, or if he was more satisfied with the development of things, in his tone, Ye Hongjiang could feel the spring breeze in his face. I even heard the girl's beautiful voice on the phone.

Liu Zaijun, who was an activist, did not wait for the meeting with the Niu family father and son, and drove to the procuratorate in the small county town. Li Qiufang was driving the car, and Liu Zaijun was talking on the phone from the moment he got in the car. Perhaps, the person he was looking for was not at home, and Lawyer Liu did not have a happy expression. However, the good thing is that the other party gave a person's name.

Entering the building, Liu Zaijun and Li Qiufang followed the layout plan, looking for their destination - the juvenile case office.

A flat-headed man in a prosecutor's uniform passed by Liu Zaijun, and turned around and shouted-"Liu Zaijun!" Liu Zaijun looked at the young man he didn't know in front of him, "I am!" Who are you? ”

"Teacher Liu, it's really you. I thought I had the wrong person. I'm Wang Jingwei. Pingtou saw Liu Zaijun's doubts and hurriedly explained, "I'm your student!" You didn't teach criminal prosecution at the Wanda Judicial Examination School before, but I attended your summer training class when I was in college. ”

"Hello! Hello! ”

"I've heard that you've been practicing again, but I didn't expect to meet you here." Wang Jingwei held Liu Zaijun's hand and said.

"Thank you for remembering the teacher." Liu Zaijun's eyes were a little moist. Over the years, he has often encountered these students who have taught, many of whom he has forgotten, but every time they take the initiative to call him a teacher, Liu Zhidong always has difficulty controlling his emotions.

"Teacher, look at what you said. If I hadn't listened to your public welfare classes online for free for two years, how could I have passed the exam for the first time? How can you become a prosecutor smoothly? If I want to say thank you, it should be me who thank you. Perhaps it was because he was too excited to see his teacher, but Wang Jingwei only now remembered that the corridor was not a good place to talk, "Look, my brain. Teacher, come and sit down in my office. ”

"Nope. I'm now representing a case and I'm going to the juvenile office to do something. ”

"It just so happens that Zhang Lin there is my junior sister and your student. I'll take you to her. Wang Jingwei took Liu Zaijun's hand and didn't let go, and walked inside with him.

Li Qiufang, who was infected by Wang Jingwei's emotions, followed behind stupidly and with a smile on her face.