Chapter 41 Criminal Private Prosecution
The forensic doctor took out the medical examination report, Li Chao took it and took a look, and a dark cloud drifted over his handsome face.
The appraisal reads, "Skin and soft tissue contusions, anal muscle strain, and minor injuries." ”
The criterion for filing a case for the crime of intentional injury is that the injury is more than a minor injury. can't meet the standard of filing a case, this time the case is in trouble, Li Chao thought in his heart.
Sure enough, Deputy Director Nie looked at the appraisal results and said helplessly: "It's just a slight injury, and it doesn't meet the criteria for filing a case of intentional injury, so we can't file a case." ”
When Wang Xudong heard this, his face immediately drooped, and the hope that had just risen was suppressed again, and the whole person was listless.
Li Chao said unwillingly: "Li Renyong's injury is vile, the subjective malice is great, and the consequences are severe, and people like Director Nie should be severely punished, so you should consider filing a case." ”
Director Nie shook his head and sighed: "It's not that our public security organs are unwilling to file a case, it's that the injury doesn't meet the standards for filing a case, and we can't file a case without authorization." ”
If the plea is invalid, the public security organs just refuse to file a case.
Wang Xudong walked out of the public security bureau building gloomily, standing at the gate, Wang Xudong looked at the solemn national * emblem, and asked with a crying voice: "Lawyer Li, is there no other way?" Can we only let that beast get away with it? ”
Li Chao also said unwillingly: "No, I believe there must be a way to get justice!" The law is supposed to protect the legitimate rights and interests of citizens, and it is an ironclad fact that your person has been violated, and the law will protect the victims! ”
"Alas!" Wang Xudong let out a long sigh and said angrily: "Lawyer Li, I can understand it. What law, what fairness and justice, that is to say, just talk. ”
"It is a dream for us ordinary people to seek legal protection after being harmed. Look at me, I have no way to ask for help, and the murderer Li Renyong is at large, and I don't know how many other people will be harmed! ”
Li Chaolang's eyes burned with unyielding fighting spirit, shaking his spirit, and he cheered at Wang Xudong: "Don't be discouraged, don't give up, there must be a way!" ”
Wang Xudong laughed maniacally, and helplessly pointed to the national * emblem and said, "What about the way?" How? The public procuratorate and law organs, the national emblem is hung high to show that it protects fairness and justice for the people. But to me, it's a joke! ”
Looking at the solemn national emblem and hearing the three words of the public procuratorate and law, Li Chao's heart suddenly moved, and he said excitedly: "Xudong, there is a way, if the Public Security Bureau does not file a case, then we will go to the court to file a criminal private prosecution." ”
Article 204 of the Criminal Procedure Law of the People's Republic of China stipulates that private prosecution cases include the following cases...... (3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorates do not pursue the defendant's criminal responsibility. ”
"According to this article, we don't wait or rely on it, and directly sue the court to accuse Li Renyong of intentional injury!"
When Wang Xudong heard this, he didn't have the excitement at the beginning, but repeatedly confirmed: "Lawyer Li, will it work this time?" Will the court accept it? If not, I'm going to despair. ”
Li Chao raised his fists high and encouraged loudly: "I am afraid that things in the world will be serious!" Li Renyong himself has committed a crime, and he is fearless. Let's seek justice according to the law, and we're afraid that he will do something! ”
Li Chao's high fighting spirit inspired Wang Xudong, and he also cheered up and responded loudly "Okay".
Li Chao immediately wrote a criminal private prosecution and prepared the corresponding evidence materials, and drove to the court to handle the case.
When the court accepts the case, it conducts a formal examination, and after all the materials are sufficient, the judge of the case filing division files the case.
After the notice of acceptance of the case was issued, the judge of the case filing division specially informed, "Wang Xudong, in accordance with the provisions of Article 205 of the Criminal Procedure Law of the People's Republic of China, the court will also review your private prosecution case, and only if the facts of the crime are clear and there is sufficient evidence, the court will be held, otherwise you will be required to withdraw the case or rule to dismiss it." Please wait for further notice from the court within a week! ”
Wang Xudong nodded heavily, the judicial process is not easy to go, this is not the court side has to be further reviewed, and it is still unknown whether it will be tried in the end.
Li Chao saw Wang Xudong's helplessness, patted his shoulder, and smiled brightly: "Don't be sad, isn't this a successful first step?" We must believe that through our efforts, we will definitely win the fairness and justice we deserve! Come on! ”
"Come on, in order to win fairness and justice!" The hands of the two men were clasped tightly together.
Here, Li Chao and Wang Xudong ran around and appealed to the judicial authorities to sanction Li Renyong. Li Renyong had already gotten the relevant news, and he was not idle, and immediately contacted the lawyer.
After Li Chao returned to the law firm, he was still unwilling to think about it, why the perpetrators were at large and arrogant, while the victims had no way to seek help and nowhere to seek justice.
Li Chao is still not satisfied with the court's method of initiating a criminal private prosecution, which is just a helpless move. The success rate of private criminal prosecution cases is not high, and even if there are a few successful cases, the punishment for the defendant is not severe.
More than 90% of the results of private criminal prosecution cases are that the defendant pays civil compensation to the victim, and then the plaintiff withdraws the lawsuit.
In Wang Xudong's case, even if the court upheld the plaintiff's application and convicted the defendant Li Renyong of intentional injury, the punishment he received would not have been severe. Because according to Article 234 of the Criminal Law of the People's Republic of China, anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
In other words, even if Wang's petition were upheld, Li would be sentenced to three years in prison at most.
Li Chao is very unwilling, a shameless guy, I don't know how many people he has harmed, so he was sentenced to three years, how unfair this is! Where is the fairness and justice?
However, what makes Li Chao painful is that the current law is lacking in punishing homosexual adultery, and it is not stipulated as a crime.
Huaxia is a country of statutory law, and according to the principle that the law does not explicitly stipulate that it is not a crime, the crime of rape cannot be directly investigated, but can only adopt a roundabout strategy and punish other crimes.
In addition to the crime of intentional injury, what other crimes can be used to severely punish Li Renyong? Li Chao has been thinking hard about this question.
The evidence materials on the hand side were scrutinized repeatedly, especially the video sent by Li Renyong, Li Chao watched it over and over again, hoping to find a breakthrough.
Li Chao thought about it for five days, but he still didn't have the slightest clue, and the case was in a predicament.
Just when Li Chao was depressed and scratching his head, the court called and informed him to go and get the summons for the trial.
This is rare good news that the court has decided to formally hear the case!
…… Thank God very helpless 100 tips. Today's weekend, I wish you all a happy weekend, have a good time reading and reading!