Chapter 150: A leaf

Qi Wan squinted and shook her head: "I didn't ask this, I asked, is Master handsome?" ”

"Huh?" Ling Li couldn't close her mouth for a long time, she didn't think that her focus was here, and she didn't know how to answer her mouth at all.

Qi Wan chattered for a while, and the content was mostly some rumors about Zhu Jinchuan that she had hearsay.

As she spoke, Qi Wan grabbed her arm and shook it: "Sister Ling, what should I do, I suddenly became a little nervous." ”

The corners of Ling Li's eyes twitched, she didn't expect such a gentle and delicate girl to be so open-mouthed, and the pink bubbles in her eyes seemed to be looking forward to seeing Zhu Jinchuan's appearance.

was disturbed by her, and Ling Li finally said a little impatiently: "Handsome or not, I think he really laughs too little, so little that I suspect that his nerves have degenerated in this regard." ”

However, Qi Wan, who was chattering before, became silent, and the assistants who were still chatting together just now were also silent, as if the air in the office was a little weird.

Ling Li turned around in hindsight and found a tall and thin figure standing behind her.

Zhu Jinchuan wore a black jacket on his arm, a light gray shirt and a dark blue tie, and a little tiredness on his face, looking like a dusty man.

She hurriedly stood up and said in a panicked voice, "Master." ”

Hearing Ling Li call him, the corners of his mouth moved, he didn't know whether to laugh or simply move his facial nerves to avoid froze, he looked at her again, and said, "Come into my office, I have something to ask you." ”

After speaking, he strode into his office, turned his head at the door, and said lightly: "Take Yuan Fei's case with you." ”

Qi Wan, who was ignored, silently compared her mouth to Ling Li: "Is it him?" ”

As soon as he saw Zhu Jinchuan, the string in Ling Li's head couldn't help but tense, frowned, picked up the stack of materials on the table, and entered the room with anxiety.

Covering the door, Ling Li sat opposite Zhu Jinchuan, flipped through the information and told him his views on this case.

As she spoke, she carefully observed Zhu Jinchuan's complexion. Sure enough, I can't talk about people behind my back, it's rare for me to complain once, and I was caught by the person concerned, and I don't know how much Zhu Jinchuan listened to the words of the complaint just now.

Zhu Jinchuan didn't notice her apprehension at all, and was silent at first, and when she was halfway through her, she took the draft paper and drew it.

Finally, after Ling Li finished talking about the case and his thoughts, he asked with a question: "So, are you planning to sit still?" Surrender willingly? ”

Ling Li was dazzled by this series of idioms, and hurriedly shook her head in defense: "That's not what I mean, but we have almost no evidence in our favor." There were three aggravating circumstances, no mitigating circumstances, and the claim that there was depression was not established after evaluation. It is true that the court made a mistake, and the procuratorate's actions are simply logical. ”

As soon as her voice fell, Zhu Jinchuan immediately asked: "So you blocked all channels because of these three aggravating plots?" ”

Ling Li frowned and remembered, carefully pondering the meaning of Zhu Jinchuan's words.

Could it be that he is saying that in fact, the point of dispute in this case is the determination of aggravating circumstances? If there are fewer aggravating circumstances, is it possible to uphold the original verdict?

She hurriedly lowered her head, flipped to the relevant laws and judicial interpretations, and looked down carefully.

However, after reading all the relevant laws and regulations after more than ten minutes, the conclusion in her head was still the same as before.

First of all, according to the judicial interpretation, the crime of rape or indecency against a minor in a public place can be found to be rape of a woman "in public", forcible indecency or humiliation of a woman, or indecency of a child as long as there are multiple other people present, regardless of whether the persons present actually saw it."

Second, committing rape or indecent assault against children under the age of 12, left-behind children in rural areas, minors with severe disabilities or mental retardation, as well as indecent assault on multiple minors, or multiple rape or indecent assault crimes, are also aggravating circumstances.

So, add up to a total of three aggravated plots, and there's nothing wrong with it.

It's not a matter of aggravating circumstances, it's a sentencing deviation?

She frowned and thought about it for a while, but still felt that it was wrong: "I have consulted the first-instance judgments of more than 100 child molestation cases in the province in the past four years on the judgment document network, and in terms of sentencing, the maximum sentence is 10 years, and the minimum sentence is 9 months. Although there is a large difference in the length of sentence, there are aggravating circumstances, all of which are more than five years. Among them, a primary school teacher molested five primary school girls indoors for up to seven months, paid more than 360,000 yuan in compensation, and was also sentenced to 10 years in prison. ”

After speaking, he turned his head, but he gave Shangzhu Jinchuan some stern eyes, panicked for a while, and hurriedly lowered his head.

He still said in an indifferent voice: "You have made the same old mistake again, you can only see the details but not the whole picture, and you like to separate people and the environment, so you will never get the essentials and fail to grasp the key points of the case." ”

Then, he threw a thin page in his hand to her: "You can see for yourself, there are more controversial points in this case. Both the prosecution and the defense have a lot of work to do. ”

Ling Li picked up the piece of paper. This is what he drew casually on the manuscript paper before, and the handwriting is a little sloppy, but there is a faint line of words on the top, which is "no sentence on appeal".

She was a little confused, this is obviously a retrial proposed by the procuratorate, it should be a protest case, and it does not meet the applicable conditions of the principle of no increase in sentence on appeal!

Why did Zhu Jinchuan and Zhong Zhuowen raise this question?

Although he questioned Zhu Jinchuan a little self-consciously, Ling Li finally couldn't resist the question marks in his head, and said in a low voice: "But this is not an appeal." ”

Zhu Jinchuan squinted slightly, looked at Ling Li for a long time, and said slowly: "It's the so-called obscure, why do you keep picking out whether it is an appeal?" Don't you turn around and think things from a different perspective? ”

Ling Li didn't know what kind of medicine he had stuffed in his gourd, and all he was thinking about was how to remove the leaf, so he had no choice but to respond in a low voice: "Oh." ”

Seeing that her eyes were still confused, Zhu Jinchuan shook his head to express his dissatisfaction with her for not knowing how to pretend to understand.

After that, he spoke out again: "Traditional Chinese medicine is the most taboo for headaches, and it's the same in the case, you don't want to retry it out of the whole case, you should think about it, if Yuan Fei doesn't appeal, there is no second-instance procedure in this case, what will be the result now." ”

After speaking, he waved his hand lightly: "Let's go out." ”

"Oh." Ling Li responded again, picked up the file and ran away as if he had been amnestied, and when he was about to go out, he suddenly heard a soft laugh from behind.

She subconsciously looked back and saw Zhu Jinchuan sitting upright with his head buried, his eyebrows were stained with the sunlight projected through the window, his pupils and hair were reflected in a faint brown, and the corners of his mouth couldn't help but rise in an arc.

Until she left the office, Ling Li was in a state full of question marks. What was he laughing at? What shameful thing did you do to make him laugh?

But after thinking about it for a long time, except for the fact that the analysis of the case was not so good and was pointed out by him, he didn't make a fool of himself?

Qi Wan came up again, holding a pink notebook in her hand, looking a little nervous and a little excited.

She quietly leaned into Ling Li's ear and asked softly, "Master, he's in a good mood, right?" ”

This made Ling Li stop.

Is Jinchuan in a good mood or not? Just now, he seemed to be affected by her mood and beat her, but the brainless smile when he went out made Ling Li unpredictable.

After thinking about it for a while, she couldn't judge, so she had to say to Qi Wan: "I didn't pay attention just now, anyway, be careful when you talk to Director Zhu, there will be no mistake." ”

Seeing her solemn appearance, Qi Wan's expression of some excitement calmed down, and she stepped forward cautiously, knocked three times on the door, and after a low "please come in", she entered the door and covered it with her backhand.

From the office door that had not yet closed, Qi Wan's words introducing herself to Zhu Jinchuan were faintly revealed.

After that, Ling Li lowered her head and began to seriously think about the question that Zhu Jinchuan had left her just now: If this case is not appealed, what will be the result?

If you don't appeal...... If the second-instance procedure is removed......

Thinking of this, Ling Li opened the judgment document of the first trial, read it carefully word by word, and resolutely found out where Zhu Jinchuan set up the ambush.

After reading the "this court thinks" part of the facts of the case, Ling Li used it to find out what was wrong.

In the first instance, although the previous description of the case stated that the crime was committed in the cafeteria, when it came to the sentencing part, it was not determined that the place where Yuan Fei committed the crime was a public place, and because he had a disability, the punishment was relatively reduced.

She immediately opened the case file and found the judgment document of the second instance, read it carefully from beginning to end, and discovered the mystery again.

The second-instance document describes the procuratorial opinion in the same way: the facts found in the first instance were clear, the evidence was conclusive, and the place where the case occurred was a public place, and the court of first instance did not confirm it, and in view of the fact that the procuratorate did not raise a protest, it recommended that the appeal be rejected and the original judgment upheld.

A cold and unwarm and not long paragraph, but after all, Ling Li has also represented dozens of cases, and she is well aware that behind the words and sentences in the verdict, there may be a story.

These words are clearly saying that the court reminded the procuratorate that we were wrong in the first trial, and I made a mistake in your accusation and I made a wrong judgment, but you didn't protest? Rather, the defendant appealed? The procuratorate did not give enough strength to perform its duties, and did not increase the sentence on appeal, so I could only uphold the original verdict in the second instance.

In other words, if the second trial is not conducted, the errors and omissions of the first instance will not be discovered!

Ling Li raised her head suddenly, could it be that the mystery of appealing without increasing the sentence is here?

As if feeling that he had grasped the key point, Ling Li's palms warmed up slightly. If the defendant had not appealed, the errors and omissions in the case would not have been discovered.

In this way, the opportunity to initiate a retrial is, in the final analysis, caused by the defendant's appeal, and if the defendant's sentence is increased in the retrial, it seems that there is really an inconsistency with the appeal not increasing the sentence.

Ling Li began to deduce repeatedly in her mind, her eyes fixed on the sliding door not far from her side.

Thinking about her origin, suddenly someone walked by, and the black clothes reflected the glass like a mirror, clearly reflecting her shadow.

In less than a second, she saw her own tightly knit brow and wrinkled face.

I don't know how Nan Zhiyi's words mocking her suddenly floated in my mind: Look at your forehead tattoo so deep......

Rubbing his forehead a little unconvinced, he slapped his head a few times, and in the next few minutes, Ling Li was thinking about the case while trying to control his expression to be less hideous, and it was difficult to avoid being distracted, but he couldn't stand it anymore.

It wasn't long before her thoughts were interrupted by the sound of the door closing a few steps away.