Chapter 149: Newcomer

Monday morning was a painful ordeal for most office workers, but after more than a month of not having to go to work on time, Ling Li got up early in the morning to clean up herself and squeezed into the subway to the city center.

Nan Zhiyi's case has been concluded, and she is about to return to her normal routine of commuting to and from work on time every day in Chengda.

As the hurried crowd entered the building and squeezed into the elevator, and when they reached the eleventh floor where the law firm was located, Ling Li found that something seemed to be different as soon as she stepped into the office.

Originally, her cubicle was the closest to Zhu Jinchuan's office, but now, not far from her, there was an extra desk closer to the office.

Ling Li understood as soon as she thought about it.

The law firm has a high turnover of personnel, and every year there are trainee lawyers who have newly obtained judicial qualification certificates to be attached to them, and there will also be small lawyers who have just started and are struggling to withdraw from the competition, and at least dozens of people come and go. This extra table may be a newcomer.

Sure enough, as soon as nine o'clock arrived, a young and pretty girl, wearing a pink and purple dress with a small black coat, stepping on double rice* heels, walked to the desk and sat down, and when she put her bag away, she raised her head and smiled at her, "Hello, I'm Qi Wan, a lawyer who just came here to work." ”

This girl doesn't look embarrassed at all, and her voice is crisp, which makes Ling Li feel good.

She also bowed slightly at Qi Wan and introduced herself: "I'm Ling Li, hello." ”

Hearing her name, Qi Wan's eyes widened: "It turns out that you are Ling Li!" ”

Then he immediately stood up and stepped forward a few steps forward: "I heard that you just won an intellectual property case, the very difficult kind, you are so powerful, you can give me more advice in the future." ”

With such a big hat planted on his head, Ling Li couldn't help but think of his brilliant record of twenty-four consecutive defeats before, and he was a little weak-hearted.

As soon as this sister came, she heard about her brilliant achievements, and other lawyers probably wouldn't mention her previous troubles, but I was afraid that people would really mistakenly think that she Ling Li, a rookie lawyer at the end of the crane, was the so-called elite!

She had to stand up and say vaguely: "It's not a win, it's a reconciliation." And it's not my credit. ”

Qi Wan naturally took her hand, smiled and said, "Don't be humble, I heard that the other party's lawyer has never lost." Besides, we can be regarded as the same family, and if I encounter a difficult case in the future, Sister Ling will definitely have to help me. ”

Her sudden approach made Ling Li a little uncomfortable, but it was not good to pull out her hand immediately, so she had to pick up a random question: "Same door?" ”

Qi Wan looked at Zhu Jinchuan's office a few steps away, and said softly: "We are all led by lawyer Zhu, and the elders in the family have entrusted many people to get here." ”

"Oh!" Ling Li nodded. No wonder her desk is so close to Zhu Jinchuan, it turns out that she, like herself, is a newcomer he brought with her.

After that, Qi Wan didn't care about the taboo of talking about it at all, and pulled Ling Li to talk about the big call, but she gave her the bottom of her situation.

She is four months younger than Ling Li, not long after her twenty-fifth birthday, and is still a third-year student at the Law School of Funan University.

If there are no accidents, I want to stay in the institute after graduation.

Hearing Qi Wan's situation, Ling Li felt a faint feeling in her heart. There is no other reason, everyone else has entered the institute with ability, almost all of them have graduate degrees, and she is the only one who is an undergraduate student majoring in non-law at Pheasant University who has gone through the back door.

Oh, I almost forgot, and Zhu Jinchuan is the same as her. It's just that people have outstanding abilities and don't need academic qualifications to decorate the faΓ§ade, which is completely opposite to her.

The mood was a little low, but it was only dealt with in a moment.

It's not 24 consecutive defeats, it's already won three games in a row, or it's difficult, or the sky-high amount of the target, and the economy is more comfortable than before, and the work is getting easier and easier.

Therefore, why bother to always compare yourself with others, to make progress in a case, to continue to grow and make up for your own shortcomings, whether you have that academic degree, what does it matter?

After talking to Ling Li for a while, Qi Wan sat back in her seat, reining in her familiar aura, and the appearance of leaning against the window after being quiet made Ling Li stunned.

Qi Wan is an out-and-out beauty, with shoulder-length hair, sheared eyes, a flattering goose egg face, a sweet pear vortex, and a petite figure, everything is just right.

I haven't been here much in a short period of time, but such a beautiful and refined beauty has come, looking at her appearance, she is faintly going to snatch the throne of Lu Xiaoxiao's appearance.

Having enough of admiring the beauty, Ling Li raised her head and saw the clock on the wall, and found that the time was almost ten o'clock, and a stirring spirit remembered that she hadn't done anything serious in the morning, and hurriedly looked through the stack of files on the child molestation retrial.

According to the information, the defendant Yuan Fei, a native of Dacheng, Funan Province, was male, and was 27 years old at the time of the crime. He was sentenced to four years and eight months in prison in the first instance, and he appealed, and the original sentence was upheld in the second instance. Now that the verdict has been in effect for one year, the procuratorate has initiated the trial supervision procedure on the grounds that the sentence is unusually light, and asked the court to try the case again, with a sentencing recommendation of more than five years.

Judging from the evidence found in the first and second instance, Yuan Fei took advantage of the opportunity to teach and molested a total of seven girls on four occasions. Judging from the circumstances of the crime, Yuan Fei's aggravating circumstances include: indecency under the age of 12, indecency with three or more children, and indecency with children in public places.

The reason why the procuratorate proposed a retrial is because, according to the provisions of the Criminal Law, "whoever compels a woman to molest or insult a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention." Whoever assembles a crowd or commits the crime in the preceding paragraph in front of the public in a public place is to be sentenced to fixed-term imprisonment of not less than five years. Where children are molested, a heavier punishment is to be given in accordance with the provisions of the preceding two paragraphs. ”

Yuan Fei had three aggravating circumstances, although he confessed during the expedited trial stage, but later retracted his confession at trial, and his confession was not recognized.

Therefore, the original sentence of four years and eight months was indeed sentenced below the statutory sentence, the court did make a mistake, and the procuratorate's trial supervision procedure was not wrongly initiated.

So how else can this case be fought? As for the fact of child molestation, Yuan Fei personally admitted it and his four confessions were completely consistent, so he could not find any doubts.

When it comes to the application of law, it is even more insignificant.

The procuratorate's request for a retrial ex officio is reasonable, reasonable, and lawful, and it is almost a sure thing that the sentence will be changed to a heavier sentence.

As for the modesty of the criminal law mentioned by Zhong Zhuowen that afternoon, and the appeal did not increase the sentence, it was completely wrong.

The modesty of criminal law means that the legislature can only establish a violation of the legal order as a criminal act only if the norm is truly indispensable - there is no other appropriate alternative to criminal punishment, which reflects a concern for prudent punishment.

This is because criminal law is the last line of defense for social fairness and justice, and the punishment is quite severe, depriving people of their freedom and even their lives. Therefore, acts that can be effectively controlled and prevented by civil, commercial, economic or other administrative means should not be resorted to criminal law.

However, Yuan Fei's behavior has obviously violated the penalty, and it is normal to be prosecuted.

As for the appeal without an increase in sentence, it is even more nonsensical. This means that the second-instance people's court hears an appeal case filed by only the defendant, and must not increase the defendant's punishment for any reason. It is a special principle in the second-instance procedure and is designed to effectively guarantee the defendant's right to appeal.

However, this case was initiated by the procuratorate to supervise the trial, not an appeal at all, to be precise, it should be a protest.

After thinking about the case in detail, Ling Li defined the two points mentioned by Zhong Zhuowen at that time as tricks.

That kid, although he was smart, although he had a good memory, and although he diligently studied law on his own, he still had no professional training, and he thought that he could fool around by just a few professional terms, but he was still timid.

However, after rejecting Zhong Zhuowen's proposal, Ling Li still had no clue, and she really couldn't think of how to defend herself, so she gave up.

This is a completely uncontroversial case, and an extremely complex case that is completely beyond her ability, and the result is probably the same for her, that is, there is only a serious going through the motions.

Anyway, this is originally a legal aid case, so I handled it simply, completed the task with peace of mind, and ended the matter after a trial, and it didn't take much brains. In this way, this case is quite easy.

It's just that the thought that in order to handle the case, she has to go to the prison to meet such a scumbag who molested girls, it's disgusting!

She was still lamenting that her luck was not very good, and suddenly a pink-purple shadow flashed in front of her eyes, and a fragrant wind came from her nose.

Ling Li raised her head and saw Qi Wan leaning over to her desk again, holding her cheek with one hand, with a curious look in her eyes: "Sister Ling, can you show me the case in your hand?" ”

Ling Li thought for a while, then shook her head again: "I'm sorry, I'm afraid it won't work." ”

"Just watch for a few minutes, okay? I haven't seen what the dossier looks like. Qi Wan lowered her voice and naturally glanced up at the file.

Ling Li hurriedly closed the cover: "My case involves the privacy of some minors, and it is inconvenient for people to observe it casually as a case." ”

Unlike the stack of documents she brought home before, this time she had all the materials of the first and second trials, including copies of evidence.

Qi Wan saw that she was guarding so tightly, and there was a look of disappointment on her face: "Okay then." Since Sister Ling, it's inconvenient for you, forget it. ”

Ling Li always felt that there seemed to be something wrong with her words, and before she could figure it out, she heard Qi Wan ask in a low voice, "Sister Ling, what kind of person is Master?" ”

Stunned by her words, Ling Li came back to her senses for a long time: "Haven't you seen him?" ”

Qi Wan nodded, with a somewhat regretful look: "I only came last Friday, and the administration arranged a seat for me, but the master was on a business trip, so he just called me to go to work first, and I only heard his voice and didn't see him." ”

Regarding Qi Wan's question, Ling Li really thought about it and considered how to answer her, so as not to ruin Zhu Jinchuan's image and not scare the little girl.

Indifferent? Paralysis? Or is it deep-minded?

It seems that they can all be hung up, but they are not such good words.

She pondered for a while and said to Qi Wan: "Director Zhu is very serious and rigorous, and his professional quality is also famous. There's nothing wrong with you doing it well with him. ”

It's just that there is still half a sentence unspokenβ€”if he would take you instead of herding you like a sheep......