Chapter 69: Stunned
Because of the changes in the circumstances of the case, Zhu Jinchuan denied all the issues of application of law that had been summarized before, and finally summed up the application of law issues such as "whether the testimony of Alzheimer's witnesses is completely inadmissible".
I have to say that according to the specific circumstances of this case, this issue is still very in place, but Zhu Jinchuan himself is not optimistic.
This issue has already been stipulated in the current laws and judicial interpretations, and there is almost no room for maneuvering, and the probability of such an almost uncontroversial issue pushing the case to the resolution of the adjudication committee will not exceed 30%.
Looking at her preoccupied appearance, Shen Mu was a little curious: "Zhu Jinchuan, is it your master?" ”
Ling Li didn't know why he asked like this, so he only nodded lightly and replied, "Yes." ”
Shen Mu's eyes returned to calmness: "Although I don't think much of the tricks he plays, it's really admirable that a gold-suited lawyer with millions of agency fees for a case can work hard to do this for a legal aid case." It's just that I was a little less lucky. ”
Ling Li nodded silently, but her mood did not improve at all.
Although Shen Mou expressed his appreciation for Zhu Jinchuan in his words, no matter how good his impression of the lawyer was, it was impossible for him to violate the express provisions of the Criminal Procedure Law and make a judgment confirming the legality of that testimony.
After an expected failure, Ling Li went home in a huff.
I fell asleep on the subway, and when I got out of the subway, my teeth chattered by the cold wind blowing up, and when she got home, she unexpectedly saw Nanzhiyi, who had not been seen for a long time, at the small table in the restaurant downstairs.
Rao was empty because her work was not going well, and she was also a little curious, Nan Zhiyi, who was surprisingly lazy, how could she go to a kilometer away to eat with Miss Lu's ill-intentioned but cordial and enthusiastic door-to-door service?
Ling Li pulled over a stool, sat down beside Nan Zhiyi, who was drinking soup, and shouted, "Teacher Nan, why are you here?" ”
Nan Zhiyi looked up when he heard the voice, and he almost choked on it accidentally.
He easily patted his heart and breathed a sigh of relief, and glanced at her, his eyes full of blame: "Are you a Siamese cat?" ”
As soon as Ling Li heard this, she couldn't help but play, and only said "ah" with an expressionless face to show her cooperation, and asked him to hurry up and finish complaining and get down to business.
Sure enough, Nan Zhiyi counted her seriously: "Your face is so black that it looks like you haven't washed your face after burning a boiler for a month, and at first glance at night I thought it was my teeth that had become sperm, so much so that I almost choked to death by the soup." ”
Then, Nan Zhiyi stopped attacking her appearance, and only hated one sentence: "If you don't come out again, you will be starved to death at home." ”
asked her aggressively: "What's the matter with the takeaway girl you're looking for?" Don't talk too much, can you find someone who is emotionally stable? Yesterday I suddenly ran away crying, and today I can't wait for anyone. ”
Ling Li moved her lips, a little speechless.
Listening to the meaning of Nan Zhiyi's words, it seems that Lu Xiaoxiao was angry with him and cried? What kind of blow can make Miss Lu, who is full of fighting spirit during the courtship period, be hit to the point of crying and running away?
She was confused and wanted to ask more clearly, but Nan Zhiyi suddenly turned his face to look at her: "Look at your face as if you have smeared the ashes at the bottom of the pot, what's the matter, the work is not going well?" ”
Hearing him ask about work, Ling Li felt a little empty.
She was too busy to work overtime to become a dog because of Qin Xinghai's many clues before, and told Nan Zhiyi that she would not clean him for the past half a month, and then take the blame when her case was over.
Nan Zhiyi didn't say anything, but she pinched her fingers and calculated, she had been holding Nan Zhiyi's 9,000 yuan for almost two months, but she had only cleaned up the house for him three times. During this period, Nan Zhiyi never urged her, let alone felt sorry for her.
She brushed the broken hair on her ears, a little embarrassed: "Mr. Nan, the case is over on Friday this week, and when the time comes, I will definitely clean up the room for you." ”
Nan Zhiyi frowned a little impatiently: "Don't divert the topic, do you think I want to ask you about your work?" I wanted to turn a blind eye, but your bitter gourd face looks very piercing. ”
Ling Li brushed her fingers over the tip of her nose to hide her embarrassment. Is she really so unable to hide her thoughts? Even Nan Zhiyi can see that she has a lot on her mind?
Nan Zhiyi suddenly laughed: "You touched the tip of your nose as soon as you were weak-hearted, and you touched it twice." ”
Being ruthlessly poked, Ling Li subconsciously raised her hand again, she was about to touch her nose, and she put it down forcefully, and finally had to admit it: "Teacher Nan, don't make fun of me, okay?" ”
Finally teased someone to the point that he had nothing to say, and Nan Zhiyi was depressed because of the takeaway sister letting go of his pigeon.
In a good mood, he had the leisure to comfort Ling Li: "It's just that he lost the lawsuit, what's so serious?" Haven't you lost twenty-four games before? One more is nothing. If you lose, continue to appeal, and play until you win. ”
Ling Li sighed, and couldn't help but popularize the question of trial level with the law-blind Nan Dashen: "Our country is the final trial of two trials, the first instance can be appealed, and the judgment will take effect immediately after the second instance. If you are still not satisfied with the ruling, you have to apply for a retrial. My case has already gone through the retrial process, and if I lose again, I won't have another chance. ”
After a pause, Ling Li added: "For me, it's just that I lost the case." But for the client, it is a problem of not being able to regain his freedom and sitting in prison for more than ten years. ”
Nan Zhiyi touched his chin thoughtfully: "So serious? Can't you lose a little more money? I used to listen to Lao Tian's case, arguing and bargaining, and many times I didn't go to court, and I settled it privately. ”
Ling Li was a little stunned, although she had a specialization in the art industry, Nan Zhiyi's limited knowledge of the law was understandable, but the basic civil punishment was not distinguished, which still made her a little unacceptable.
After a while, she said helplessly: "Mr. Nan, what Mr. Tian can solve privately is a civil and commercial case." This is a criminal case, and whether the prosecution party is the procuratorate or an intentional homicide case, there is no possibility of settlement. Even in the United States, light sentences can only be obtained through plea bargaining. ”
Her helpless popularization of the law made Nan Zhiyi interested, lifted the stool and approached Ling Li's side, and said: "It's just right, Lao Tiantian used to laugh at me and didn't tell me the reason, you are better than him, tell me the difference." ”
Ling Li couldn't help but look at the sky, complaining that this casual thing from Baidu was also worthy of his shameless questioning. However, he still seriously talked to him about the differences between cases in the three fields of criminal, civil, and administrative.
After finishing the law in the most concise and clear language, Ling Li didn't care whether Nan Zhiyi understood it or not, and began to talk to herself: "In my case, the testimony of an elderly patient with dementia is very important to find out the facts of the case, but because she has this disease, although she is sober sometimes, all her testimony has been excluded and cannot be believed, and I applied to the collegial panel to testify under the appraisal of professional medical personnel, and such an alternative method was not allowed. ”
Her words that seemed to be cathartic made Nan Zhiyi confused, and her eyes were full of question marks.
She sighed, looked at the mist in the woods in the distance, and said: "The law is about typology, and it is certainly a good way to solidify certain issues of general applicability through procedural law, but the circumstances of each case are different. I still disagree with the fact that substantive justice gives way to procedural justice. ”
Nan Zhiyi frowned, and Ling Li was so angry that he fell down: "What kind of messy justice, I only know that IQ and appearance are justice." Looking at your appearance, it has nothing to do with justice. ”
Ling Li glanced at him, holding up her cheeks with a sad look. Compared with Nan Zhiyi's indiscriminate ridicule, it made her even more uncomfortable to see an innocent person in prison, and the taste was like a fire blocking her heart, burning her and making her uncomfortable, and there was nowhere to vent.
What's more, in this case, Zhu Jinchuan also put so much effort into it, but because of a mistake, he went to such a dead end.
Nan Zhiyi glanced sideways at her a few times, and suddenly asked, "Are you free tomorrow?" ”
Ling Li let out a long sigh, a little dejected: "Yes, I'm idle now, I have nothing to do, I have no way to think about it, so I'm just waiting for the court to be rejected by the judge." ”
But seeing him nod, he said, "Okay, tomorrow I will go and see someone, maybe it will help your case." ”
Ling Li was a little big-headed, shook his head and said: "Mr. Tian is familiar with the field of civil and commercial law, this is a criminal case, and the difference is very big, and he is afraid that there is no good way." ”
Nan Zhiyi glared at her dissatisfied, a little dissatisfied: "That spineless and forgetful rake ear, I have already broken off relations with him." It's not him, besides, he's just a scholar, it's a fart, I'll take you to see the Buddha. ”
Seeing that Ling Li's eyes were blank, Nan Zhiyi winked at her: "Anyway, you just need to follow me." Remember to think about your rhetoric, just this and that right, and think about how to convince a person. ”
Ling Li was still a little suspicious, and Nan Zhiyi didn't pay attention to her anymore, she didn't want to say a word, and left after eating in a hurry.
However, before leaving, he reminded Ling Li that this case had dragged on for too long, and Ling Li hurriedly finished it so that he could clean up his room, and his house was now so chaotic that he couldn't even see it.
Ling Li nodded, a little amused. No wonder Nan Dashen is so enthusiastic, there is really a purpose behind it.
Although Ling Li was confused, but there was nothing to do anyway, it was better to be a dead horse and a live horse doctor, early in the morning, she followed Nanzhiyi, from the west of the city to the east of the city, and wore all the horses diagonally.
When they reached the twelfth floor of the office building of the Provincial High Court, a young man greeted Nan Zhiyi and led them to open the door of an office.
The spacious and solemn office was empty, and Ling Li was a little trance-like.
And the young man who opened the door for them just now bent down slightly and whispered in Nan Zhiyi's ear: "Professor Nan, you wait, the dean will be back in about ten minutes." ”
Nan Zhiyi nodded, pulled Ling Li, who looked dumbfounded, and sat down on the sofa in the room.
Nan Zhiyi said that he would take her to meet someone, and he didn't tell her who she was here to see, but when the bailiff saw that it was him, he didn't say a word to open the curfew, coupled with the courteous and careless appearance of the young man wearing a formal suit and neckline wearing a French emblem just now, Nan Dashen's way seemed to be a bit wild.
She has also been to the Funan High Court many times, and Zhu Jinchuan has also chatted with her, the leaders of the High Court, each occupies the southeast corner office of the first floor, and the higher the upper floor, the higher the ranking of the party group.
The office building of the Provincial High Court has only 12 floors, so the people on the 12th floor are ......
Ling Li reacted suddenly, and couldn't help but be surprised that a clever person stood up, stared at Nan Zhiyi with wide eyes, and stammered: "You, you, do you know the president of the Provincial High Court?" ”