Chapter 235 is from the Handong case
Just as Han Tao was looking at the information seriously, the landline phone rang on his desk.
Seeing that the caller ID was from Director Tang's office, Han Tao did not hesitate and directly picked it up.
"Hey, Director Tang, do you have any instructions?"
"It's not that serious, you're too polite, it's a good thing to have internal competition, there are so many people in the law firm, there is competition to be motivated, but fairness and justice are the minimum criteria, and no one can be an exception!"
"Okay, I understand, if the winning rate is high, you also have to ensure the praise rate, you let people bring them over, I will deal with it!"
"No problem, you are a senior, I still have a lot to learn, don't be so polite."
"Okay Director Tang, see you later!"
Hanging up Tang Ying's phone, Han Tao smiled slightly, she really didn't expect her posture to be so low, it seemed that she had sensed Li Gongming's intentions and started looking for allies.
While Han Tao was pondering, Wendy knocked on the office door a few times and walked in with two women.
"Director, these two are Ms. Lin and Ms. Chen, and they just came over from Director Tang."
After that, he stretched out his hand to the two of them and introduced: "Ms. Chen, Ms. Lin, this is the deputy director of our Mingtang Law Firm, lawyer Han Tao. ”
"Hello, Director Han, I'm Chen Xi, and she's my cousin Lin Fangfang!"
"Hello Ms. Chen, Han Tao!"
Seeing that Lin Fangfang was a little restrained, she followed behind her cousin after entering the house, and did not speak, Han Tao shook hands with Chen Xi with a smile, and then politely invited them to sit down.
After Wendy poured Chen Xi and Lin Fangfang a glass of water each, she left the office and returned to her own desk outside.
But his eyes didn't leave the room, but he was ready at any time.
"I'm sorry Director Han, we have found a lot of law firms, but they are not willing to take this eucalyptus.
Later, I was introduced and said that you were very powerful, and you used to work in Handong, so I came here inexplicably, but I haven't seen you, so I'm a little anxious and I'm causing you trouble!
And we are a last resort channel of assistance, I can guarantee that whether this eucalyptus wins or loses, we will pay the lawyer's fees, I just hope you can help us. ”
Chen Xi also knew that he was begging for someone now, but he complained to the owner, and he still didn't need money for legal aid, so he apologized first and promised to pay the fee.
In fact, she didn't want to do this, but Handong kept putting pressure on her aunts, and she was afraid that there would be many dreams at night and accidents, so she was so anxious.
Han Tao waved his hand and said with a slight smile: "It doesn't matter, the victim is eager to ask for help, and it is understandable that he is overemotional."
As for whether it is a channel of assistance or a commissioned consultation, it does not matter, legal aid is a public interest activity that the law firm and lawyers have been insisting on.
Since we have taken this eucalyptus, we will do our best to help you and strive for a satisfactory result. ”
After that, Han Tao turned on the recorder, looked at the two of them, and continued: "I just briefly understood your demands before, since the two of you trust Mingtang Law Firm so much and trust me, let's talk about the specific situation!" ”
Hearing Han Tao's answer, Chen Xi and Lin Fangfang both breathed a sigh of relief, and they relaxed a lot.
Han Tao's personal profile, when she was in Handong before, a kind lawyer gave Lin Fangfang a copy, which is also the reason why she came to Modu to ask her cousin for help, so subjectively, she still trusts him.
However, since they came here once that day, their hearts have been full of excitement, and the fact that a large law firm with hundreds of people is still working in such a high-end place, which really puts a lot of pressure on them.
Originally, Han Tao received them for a long time, which was really painful, but now face to face, Chen Xi let go, she organized her language and began to state what happened to her cousin Lin Fangfang.
It turned out that Lin Fangfang participated in a girlfriend's birthday party on the 26th of last month, during which she drank a lot of beer, and then a group of people felt that they were not happy, so they went to the bar to play again.
After arriving at the bar, everyone drank a lot of foreign wine and beer, and by the time the party reached late at night, Lin Fangfang was obviously drunk and had lost her basic ability to move and protect herself.
At the end of the scene, one of them, Wang Xin, a man who was drinking with them and chatting with Lin Fangfang quite speculatively, excused himself that he wanted to send her home, so he took his little brother who came with him, and the two helped Lin Fangfang to separate from everyone.
That night, Lin Fangfang was violated in the other party's rental house, and after the incident, the man fell asleep on the side.
After that, another man, at some point, also entered the room and was about to assault Lin Fangfang.
But Lin Fangfang, who had been hurt, gradually recovered her consciousness, and after seeing the other party, she lied in a hurry that she had called the police, and when the man heard this, he was completely panicked and ran out of the room in a hurry.
Wang Xin, the man who was awakened by the dispute between the two, saw that Lin Fangfang was going to call the police, and hurriedly said that he had drunk too much and didn't know what was going on.
And Lin Fangfang, after confirming that the man who entered the room later left, and the man who violated him, Wang Xin, did not hurt himself, called her mother in fear, and then her parents and brother arrived.
Seeing his sister being bullied, Lin Fangfang's brother angrily beat Wang Xin, the man who had a relationship with her.
Wang Xin did not fight back out of reason. However, after the defense was fruitless, he took the initiative to call the police, and within a few minutes, the police arrived at the scene, briefly inquired about the situation, and brought all the people back to the police station.
Later, according to the information provided by Wang Xin, the police arrested the man who planned to assault Lin Fangfang, but when faced with police interrogation, the two believed that their actions did not constitute a crime.
Wang Xin, who had a relationship with Lin Fangfang, said that she did not resist her behavior when she was eucalyptus.
It is also determined that the law defines the crime of assault as the use of violence, threats, injuries or other means to coerce the victim against his or her will, thus constituting a crime.
And he really did not use violence, coercion, threats and harm, nor did he force Lin Fangfang.
The man who failed to commit the premeditated crime also said that he only entered the room, and did not violate Lin Fangfang at all, nor did he violate her subjective will.
In the end, both sides insisted on their own opinions, because many of the violations that occurred during such gatherings were not clear, and it was even unclear whether they were voluntary or not, and finally the police asked the two parties to negotiate a settlement, and if they could not solve it, they would go directly to the lawsuit.
In the end, Wang Xin, who had a relationship with Lin Fangfang, proposed a solution, and the other party proposed that he admitted that he was unlucky, and he did have a relationship with Lin Fangfang, so he was willing to compensate Lin Fangfang with 100,000 yuan, and did not care about her brother's intentional injury, that is, he wanted to be private.
But Lin Fangfang didn't want his compensation, he just wanted to bring the other party to justice, and finally fell into a stalemate again, and the other party also found someone to solve the reconciliation at this time........................
After that, Chen Xi comforted the cousin beside her, and after her mood stabilized, Chen Xi looked at Han Tao again, and said with a look of indignation and anger at this time:
"Lawyer Han, do you think this lawsuit can be won? In your opinion, what should we do? ”
Han Tao nodded and continued to ask, "Ms. Chen, I want to ask, what exactly do you think?" Do you agree to a settlement, increase compensation, or stick to the litigation process? ”
"I don't want money, I just want an explanation so that the other party can get the punishment he deserves."
This is the first time that Lin Fangfang has been in for so long and has spoken to express her attitude, and her cousin Chen Xi also hurriedly responded:
"Yes, we don't want compensation, and we don't lack that money, just to put the other party in jail."
Han Tao nodded again and responded, "Ms. Chen, I understand your feelings and know your demands.
If the situation is indeed as Ms. Lin said, I can promise you that I will get justice for you.
Although the other party did not use violence, coercion, threats or harm, and did not force you. However, the assault involves the use of alcohol or drug narcosis to assault the woman or take advantage of the woman's sleep to commit an unlawful act.
In short, as long as a woman does not know how to resist or does not dare to resist, the act of violating her can be judged to be against the woman's will, and it is not necessary to use violence or coercion, and she may be suspected of the crime of assault.
As for the other person, no matter how much he quibbled, he couldn't deny the fact of his crime, if he didn't have the subjective will, how could he enter the room, and why did he follow him in the first place.
If Ms. Lin hadn't told him that he had called the police and scared him away, the other party might have succeeded, so his actions were an attempted violation.
Then, according to Article 236 of the Criminal Law of our country, whoever violates a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
As for attempted crimes, according to article 23 of the Criminal Code, an attempt to commit a crime is committed if the crime has already been committed and the crime has not been succeeded due to reasons other than the will of the criminal. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.
But I would also like to emphasize again that this is all based on the fact that you have nothing to hide.
Since you have chosen Mingtang and chosen me as your lawyer, you must believe in my professionalism.
If a client hides something from his lawyer, it will lead to the lawyer misjudging the facts and making the wrong decision.
Therefore, it is best not to conceal any factual circumstances, nor to exaggerate the facts of the case, and to fully explain the key facts of the case and the purpose of the lawsuit.
Of course, we also have a legal obligation and professional ethics of confidentiality, no matter what the case, we must be prejudged by a professional lawyer, and we must first know the ins and outs before we can distinguish and grasp the litigation strategy in advance. ”
"Don't worry, Mr. Han, we still know this, I am in the design industry, there are many disputes, and the company also has legal personnel, so I understand the process, we believe in you, don't use suspicious people, and I still understand the truth of employing people."
"Ms. Chen, thank you and Ms. Lin for your understanding, after all, the lawsuit itself is a process of the game between the plaintiff and the defendant, if the party's lawyer does not know the facts completely or the party deliberately hides or exaggerates the facts, then what kind of game can we talk about, or even win the lawsuit?"
After that, Han Tao looked at Lin Fangfang, who was in a particularly bad mental state, such a thing was extremely devastating to the girl's body and psychology.
But then again, girls still have to learn to protect themselves, the world is sinister, for safety issues, can not be overemphasized, we must learn more safety knowledge, always maintain the scale.