Twenty minutes later, Liu Pengcheng arrived at Han Dongfeng's office with stamped documents and the latest interrogation transcript.

The Han brigade didn't make a fuss, just glanced at Liu Pengcheng, carefully looked at the documents he made, and then raised his head and asked Liu Pengcheng: "Do you know that Liu Xiaomei was charged with abuse when she was arrested?" ”

Liu Pengcheng nodded: "But approving arrest and prosecuting different crimes is not a new thing, right?" ”

Han Brigade asked again: "Do you know that the legal means of the crime of abuse include intentional injury?" ”

Liu Pengcheng nodded again: "But this eucalyptus is different." ”

Han Da team interrupted Liu Pengcheng's words: "Every eucalyptus is different, it's like you wrote it yourself, the difference between sin and sin should be the motive for committing a crime, then let me ask you, what is your motive for writing this thing, is it for this eucalyptus, or do you want to avenge that child?" ”

Liu Pengcheng said: "Han Brigade, don't mention anything about revenge, this eucalyptus is intentional injury, I wrote it very clearly." ”

Han Dongfeng looked at Liu Pengcheng for a while before saying, "Okay, then I'll believe you once and help you once." ”

Saying that, Han Dongfeng called Section Chief Lu of the Legal Department of the Municipal Bureau, and after knowing that he was in the office, the two went directly to Section Chief Lu's office.

Section Chief Lu is only 32 years old this year, a top student of the Law School of Jilin University, qualified as a lawyer, and a very promising young cadre, and also a reserve cadre that the city focuses on cultivating. Jida Law School, that's five colleges and four departments! The existence of the top in the domestic legal industry!

Section Chief Lu quickly read the document, and then read it a second time, this time he took out his red ballpoint pen, wrote and drew on the document, revised a lot of content, and then raised his head and said: "There is no problem with your opinion, I support it!" But things can't be done like you, you can't put this thing in a eucalyptus file and send it to the procuratorate, then it will become a fight between us and the procuratorate, it's not okay. I've revised it, you can see and get another copy, and we'll go to the director together. ”

Liu Pengcheng nodded: "Okay, I'll change it." As he spoke, he took out his notebook from the computer bag he was carrying, and after turning it on, he found the file and modified it.

Liu Pengcheng is actually looking at it while changing, although his "memory" has passed the judicial exam, it is also a wild way of self-study. It can't be compared to four years of study at a top law school. He felt that after the revision of Section Chief Lu, this opinion was much more formal, rigorous, and more convincing.

After he corrected it, he looked at it again and made sure that there were no mistakes before he took out a floppy disk in his computer bag, copied the files to it, and then took out the floppy disk and turned it off. Hand the floppy disk to Section Chief Lu: "Trouble Section Chief Lu." ”

Section Chief Lu plugged the floppy disk into the computer on his desk, then printed it out, and said with a smile: "It's the first time I've seen a policeman carrying a laptop." ”

Liu Pengcheng said: "I'm used to it, it's a lot more convenient to have this thing." ”

Section Chief Lu saw that the document was finished, bound it himself, and returned the floppy disk to Liu Pengcheng, and then called Director Zhu, briefly talked about the matter, hung up the phone and said: "Director Zhu is in the committee, let us go over immediately." ”

Han Dongfeng didn't follow, he just listened to the final result, anyway, Liu Pengcheng had already done almost the eucalyptus rolls. To be honest, when it comes to pure legal issues at this level, there are not many things that Han Dongfeng can participate in.

So Liu Pengcheng put on his notebook and drove away with Section Chief Lu.

Director Zhu put down the "Opinions" and said: "Xiao Liu, Xiao Lu, you two are very professional in making this thing, Xiao Yanagi, you tell me why this eucalyptus is not abuse." ”

Liu Pengcheng then used colloquial language to explain his views on the eucalyptus, and Section Chief Lu made some additions in the middle.

First, from the theory of motivation. Liu Pengcheng interrogated Liu Xiaomei This time, Liu Xiaomei explained her motive very clearly, it was because she had a sweet dream, she thought that Jiaojiao was singing to interrupt her sweet dream,

Then he remembered that all his misfortunes were caused by Jiaojiao, so he wanted to beat Jiaojiao to vent his anger.

Aside from the fact that venting anger is a very common motive for the crime of intentional injury, the word "one meal" is very distinct from abuse, because the crime of abuse is a long-term, continuous crime.

Second, from consequentialism. Jiaojiao's cause of death was acute multi-organ failure caused by injury to a body organ caused by trauma. Whether it is the injury appraisal issued by the Public Security Department of the Mining Bureau, the autopsy report, or the rescue records and Jiaojiao's various examination records in the hospital, they all point to the traumatic injuries that caused Jiaojiao's death were caused by this beating.

Although Jiaojiao's physical weakness caused by long-term abuse objectively aggravated the injury and caused Jiaojiao to be unable to undergo surgical treatment, there was no clear and inevitable direct causal relationship with Jiaojiao's death.

Third, judging from Liu Xiaomei's interrogation records, as well as the testimony of the villagers of Linjia Village and the employees of the construction team of Linjia Village, since Liu Xiaomei was detained three months ago and educated by the police station, she stopped beating and scolding Xiao Jiaojiao, which can be regarded as the suspension of the crime. So this time she asked for a petite beating, which is not part of her abuse crime, but a new crime!

Director Zhu listened to the discussions of Liu Pengcheng and Section Chief Lu, read the "Opinions" again, and said slowly: "There is not one crime of child abuse in the country, especially crimes against girls, nor eight out of ten, but they are all prosecuted and tried according to the crime of abuse, and the result is that they are all sentenced to fixed-term imprisonment of less than seven years.

If we were to suddenly be prosecuted for intentional injury and sentenced to death, with a suspended death sentence or life imprisonment, have you two thought about the impact? ”

Liu Pengcheng said: "The impact is that the number of child abuse cases may be greatly reduced in a short period of time. ”

Director Zhu laughed: "That's good!" ”

Director Zhu said: "This is not a trivial matter, we must communicate with the procuratorate and the procuratorate, and the committee must also hold a meeting to unify ideas." Put this thing with me first. ”

When Liu Pengcheng and the two were about to say goodbye, Director Zhu stopped him and asked, "When will the child be funeral?" ”

Liu Pengcheng said: "The day after tomorrow." ”

Director Zhu took out twenty yuan from his pocket and handed it to Liu Pengcheng: "Help me bring some candy for the children, children love candy." ”

Liu Pengcheng took the money and nodded heavily!

Xiao Jiaojiao's funeral was very lively, not only all the people in Linjia Village attended, but also no one from the construction team of Linjia Village, in addition, almost all the members of the police station also attended. The General Hospital of the Mining Bureau borrowed a van from the bureau, and the doctors and nurses of the gynecology and pediatrics came to the car under the leadership of Director Shang. UU reads books

The funeral was not a mourning music, but a children's song. This is what Mrs. Lin said, saying that children don't like to listen to that Yiyi, let the children love to listen!

In the children's songs, people seem to see the little angel again, with a scar all over his body, enduring the pain of old wounds, giggling, singing and dancing to people!

Director Zhu's communication work was troublesome, and President Wang of the court did not support the sentencing of Liu Xiaomei for intentional injury.

In fact, Director Zhu understands Dean Wang's thoughts very well. Whoever makes the verdict of intentional injury is an outlier. Moreover, President Wang is about to retire in two years, and it is said that he is actively striving for a second-tier director-level position in the provincial high court, so he naturally does not want to "cause trouble" at this time.

Diametrically opposed to his attitude was Procurator General Zhou of the procuratorate, and he even asked, can Comrade Liu Pengcheng, who wrote this opinion, be transferred to work in the procuratorate? He has a very typical prosecutor's mindset. After he mentioned it twice, Director Zhu reluctantly told him what was going on with Liu Pengcheng and why he was the deputy director of the police station, and Prosecutor General Zhou gave up.

On May 9, 1996, the Beibin City People's Court held a trial to try Liu Xiaomei for intentionally injuring and abusing her. Two prosecutors from the Kitahama City Procuratorate appeared in court to support the prosecution. The court ruled in the first instance that Liu Xiaomei was guilty of maltreatment (causing death) and sentenced to five years and six months in prison. The procuratorate's accusation that Liu Xiaomei was guilty of intentional injury was wrongly applied and the facts of the crime were unclear, and the court did not support it.

The chief prosecutor in charge of this stood up, put on his big-brimmed hat, and said slowly but firmly: "We protest!" ”

Liu Pengcheng also buttoned up his police hat, turned around and walked out of the courtroom with a gloomy face.

Five and a half years!

Do you still want to be promoted? Do you still want to retire? You wait!

Liu Pengcheng is going to do something!