Chapter 342: Lawyer Fang, My Dad's Case Is Wrong!
"Ask the prosecutor to present a fourth piece of evidence." The presiding judge said.
"The fourth piece of evidence, the inquest report at the scene of the crime, proves that the defendant and the victim did not have an X relationship. The defendant's conduct constituted attempted rape. The female prosecutor said.
"Defendant Yang Xu, do you have any objections to the fourth piece of evidence?" The presiding judge asked, rolling his eyelids.
"No objections." Yang Xu said.
"Does the defendant's defender have any opinion on the evidence?" The presiding judge asked.
The defense accepted the evidence. The inquest report at the scene of the crime shows that there is no evidence at the scene of the crime that can prove that Yang Xu took off his pants, thus confirming that the indictment's determination that Yang Xu took off his pants and wanted to forcibly have a relationship with the victim X is wrong, the content of the victim's statement is not credible, and the defendant Yang Xu has less harm to the victim's X rights. Fang Yi said.
"Please ask the prosecutor to continue to present evidence." The presiding judge listened as he spoke, and the pen in his hand was writing something quickly.
……
“…… In the case of the defendant Yang Xu, who was prosecuted by the District People's Procuratorate, was suspected of rape, the collegial panel held a court trial, conducted a court investigation and court debate, heard the prosecutor's accusations, the defendant's opinions, the defendant's defenses, statements, and the defender's defense opinions, and the court trial was concluded.
The court is now adjourned for 10 minutes, and after deliberation by the collegial panel, the verdict will be announced. Bring the defendant out of the courtroom. After the presiding judge finished speaking, the gavel fell, and the collegial panel withdrew from the courtroom.
Ten minutes later, the collegial judge walked into the courtroom again.
“…… The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court ruled as follows: Defendant Yang Xu constituted the crime of rape, and in view of his initiative to suspend the criminal act, the defendant Yang Xu was sentenced to six months imprisonment. The presiding judge said.
After the verdict was announced, Fang Yi saw that Yang Xu's reaction was not so strong, and he felt that he seemed to have accepted the sentence, a six-month fixed-term imprisonment, Yang Xu had been squatting in the detention center for more than three months, and after the discount, he could be released from prison in more than two months.
After walking out of the courthouse, Fang Yi sat in the car and took out his mobile phone to dial Mr. Yang and told him the verdict.
"Lawyer Fang, thank you so much. Six months! In just over two months, my son will be able to come out. Thank you! Thank you very much! ”
Although Mr. Yang loves his son, he is also a sensible person, his son is guilty of rape, and he wants to come out of prison without sitting in prison for a day, that is impossible, the court sentenced Yang Xu to six months in prison, within the period he can accept, so he has nothing to complain about.
"Okay, the criminal verdict of the court will come out in a few days, and I'll call you. However, this is a first-instance verdict, and it depends on whether the procuratorate will protest, if not, the judgment will take effect after the appeal period, and Yang Xu will be able to come out in more than two months. After explaining, Fang Yi let out a sigh of relief, the case was finally over.
Just when Fang Yi was about to return to the law firm and continue to rob the case in the business group, Zhou Junshan called him.
"Lawyer Fang, something is wrong with my father's case!" After the phone was connected, Zhou Junshan said in a hurried tone.
"Ahh What's wrong? Fang Yi chuckled in his heart.
"The judge said that after my father's case was reported to the Provincial High Court, it was not approved and was sent back." Zhou Junshan said anxiously.
"Oh? Don't worry, I'll call the judge and ask you about it. Fang Yi said.
"Lawyer Fang, are you in the office tomorrow? Director Zhou and I went to look for you. Zhou Junshan asked.
"I'm here, it's not scheduled for tomorrow, you guys come here." Fang Yi said.
At half past ten in the morning of the next day, Zhou Junshan and Director Zhou walked into the conference room of Wanhua United Law Firm again.
"Lawyer Fang, my father's case was remanded by the Provincial High Court to the Intermediate Court for retrial. Wouldn't it be bad for my dad! Zhou Junshan looked at Fang Yi opposite and asked.
To be honest, Fang Yi didn't expect Zhou Guang's case to be remanded for retrial, so after he received a call from Zhou Junshan, he immediately called the county court. When he was about to get off work in the evening, the phone was finally connected, and the judge told Fang Yi that after reporting for review level by level, the Provincial High People's Court made a criminal ruling and designated the Municipal Intermediate People's Court to retry the case in accordance with the first-instance trial procedures.
"In your father's case, the procuratorate did not protest, and your father did not appeal, and according to common sense, the provincial high court will generally not remand for a new trial.
I speculate that it may be that the Provincial High Court has thoughts on this case, and I feel that there are more positive aspects than negative aspects, which may be a good thing. Since the Provincial High Court has designated the Intermediate People's Court to retry the case in accordance with the first-instance trial procedure, I don't think you need to be in a hurry, wait for the notice of the Intermediate People's Court first, and then communicate to see what they say. Fang Yi said soothingly.
"Lawyer Fang, I want to entrust you to defend my father again. You know the bottom line of this case, and I still believe in you more. Zhou Junshan made eye contact with Director Zhou, and then said.
"No problem. I'll go and prepare for the order immediately. Fang Yi said.
"Lawyer Fang, this lawyer's fee ......" Director Zhou said in a hurry when he saw that Zhou Junshan didn't mention the lawyer's fee.
"Well, our team charges a minimum of 10,000 yuan, Mr. Zhou's family is in difficulty, I'll go to the director to communicate and see if I can give a discount, you two wait a while." After Fang Yi finished speaking, he walked out of the conference room and went downstairs.
"Junshan, why didn't you mention the lawyer's fees just now? If lawyer Fang brings the contract, will you sign it? Director Zhou blamed with a depressed face.
Zhou Junshan smiled awkwardly: "I was talking about it just now and forgot about it." ”
In Wan Kefa's office downstairs, Fang Yi told Zhou Junshan's family about the situation and asked, "Can we discount this case?" ”
If Zhou Guang's case is Fang Yi's own case, he can call the shots, and he can discount a few times. But this case is the source of the case, and Fang Yi can't be the master, so whether to discount or not, and how much to discount, must seek the boss's opinion.
Wan Kefa took a sip of tea and said, "What about your opinion?" ”
"I think the Zhou family is really difficult, this time it is a new trial in accordance with the first-instance trial procedure, I know all the facts of the case, and the trial is held in the city, or we will charge 5,000 yuan in lawyer fees?" Fang Yi asked tentatively.
"Well, yes, let's do it. You let Zhou Ying go through the program on the system, she knows how to do it. However, in this case, your achievements can only be based on 5,000 yuan! "The universal law.
If the team talks about the case when the lawyer's fee is less than 10,000 yuan, the team will give the lawyer a commission according to the standard of 10,000 yuan, of course, this situation rarely happens, most of the cases are to maintain the old customers, the team will make up for the loss in other services for the old customers, and the overall calculation will not be a loss.
(End of chapter)