Chapter 488, 489 Worried

"Well, since you don't have the resources, you can only rely on professional skills to make money, at least for now, do you admit it?" Fang Yi asked.

"Admit it." Zhou Ying nodded.

"Well, it's okay if you want to follow me to handle criminal cases, but I need a trainee lawyer with strong business ability, and I don't need an aunt who can clean.

In the future, spend more time on case studies and don't waste time on chores such as cleaning. Fang Yi said earnestly.

He knew Zhou Ying's careful thinking, but he really didn't want the trainee lawyer to waste all his time serving tea and pouring water to wipe the table, wasting time and not talking, and not being able to learn anything.

Zhou Ying felt a little hot on her face, didn't dare to look directly at Fang Yi, and nodded. She knew that Fang Yi was doing this for her own good, and the lawyer relied on professionalism and resources to eat, and there was no way to stand out serving tea and pouring water.

"This is the criminal case of Dou Tao that you helped me sign last time, you take it and take a look, don't lose the case file, if your trainee lawyer certificate can come down in the next few days, submit the formalities to the court, and go to court with me, if you can't catch up, there is no way." Fang Yi smiled.

"Good. Thank you, Mr. Fang. Zhou Ying took the case file and bowed to Fang Yi before going out, making Fang Yi cry and laugh.

In the afternoon, Fang Yi was looking at the case, and the mobile phone rang, it was Jiang Xue calling.

"Lawyer Fang, our family Dou Tao wants to tell you about the situation, I don't know if you have time." Jiang Xue asked.

"When you have time, you can say." Fang Yi said.

"Lawyer Fang, I'm Dou Tao. In this case, the village came to me again and negotiated with me about returning the contracted land. The village wanted to lease the orchard I had contracted to a man named Zhao Feng from a neighboring village.

Yesterday, I went to the village committee, and we met with the three parties. Zhao Feng is willing to pay 950,000 yuan to compensate me for the loss of fruit trees, and I cut Zhang Dabao before, and Zhang Dabao's medical expenses and nutrition expenses are also borne by him.

The agreement we signed this morning. Do you think this is good for my case, do you want to take it to court? Dou Tao asked.

"Well, your case started because of the orchard, and now that the orchard has been dealt with, I suggest that you ask the village to give you a certificate to prove the final disposition of the orchard.

After you get the certificate, keep one copy for me, and then submit one copy to the county court and one copy to the county prosecutor's office. Fang Yi said.

"Okay, I'll go to the village committee to do this right away. It will be handed in in two days. Dou Tao said.

More than ten days later, Dou Tao's case was opened.

There were six or seven people in the auditorium, both men and women, Jiang Xue sat in it, she glanced at Dou Tao in the dock from time to time, her eyes were full of apprehension.

On the defense bench, Zhou Ying next to Fang Yi was very complicated, this was the first time she participated in the trial after getting her trainee lawyer's certificate, she was very excited, and at the same time she was also very nervous, her little heart was pounding wildly, and the atmosphere of the courtroom made her feel very depressed.

On the way to the court, Fang Yi instructed her to take notes during the trial and not to speak, because criminal cases are different from civil cases, and trainee lawyers have no right to speak in court. She couldn't stop nodding.

The gavel was struck, and the expressions of the judge and the prosecutor in the courtroom made her feel a chill. To be honest, Zhou Ying is a little timid now, even if she is asked to speak, she doesn't know what to say, her brain is blank at this time, and her heart is under great pressure.

The presiding judge was a male judge in his 40s who wore glasses, and two judges, one on the left and one on the right, sat on it, flipped through the case files from time to time, and seemed to be a little absent-minded.

The two prosecutors in the prosecutor's box are both women, the first person in her thirties, and the colleague next to her looks to be in their twenties, both of them wear light makeup, and their hair is very fashionable, which is the hairstyle that was popular during the Chinese New Year, presumably made by the same hair salon.

At this time, the female prosecutor sitting at the head was reading the indictment impassionedly: "...... Because the defendant Dou Tao encroached on the land in the village to plant fruit trees, the village committee organized more than 10 people, including cadres, security guards, and temporary hired personnel Zhang Dabao, to cut down fruit trees in the orchard and recover the land, and Dou Tao drove away the security personnel with a kitchen knife, and in the process, the two security guards were beaten, and Zhang Dabao was cut by the kitchen knife in Dou Tao's hand.

This court holds that the defendant Dou Tao arbitrarily assaulted others with a murder weapon, causing minor injuries to one person, the circumstances were heinous, and his conduct violated the provisions of Article 293 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he should be investigated for criminal responsibility for the crime of picking quarrels and provoking trouble. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law. Complete! ”

What? The crime of picking quarrels and provoking trouble! Isn't the case already remanded for retrial by the Intermediate People's Court? How did it constitute a crime again. Jiang Xue was puzzled, and the panic in her eyes was sheng.

Dou Tao in the dock was also stunned, his heartbeat intensified, and he involuntarily glanced at Fang Yi, constantly reciting Amitabha Buddha in his heart.

Fang Yi motioned with his eyes for him to steady.

"Defendant Dou Tao, did you hear the indictment read out by the prosecutor just now? Do you dispute the charges and facts of the crime charged in the indictment? The presiding judge's tone was cold.

The case adjudicated by a colleague last time was remanded for retrial by the Intermediate People's Court, which led to the criticism of the colleague, and the evaluation at the end of the year is estimated to be pending, and it is a question whether the bonus can be obtained. The court assigned the retried case to him, and he was also annoyed.

"There are objections. I don't think I have committed a crime, I contracted the orchard, I planted the fruit trees, I didn't encroach on the land in the village, I was protecting my property, what is the crime? I am not guilty of picking quarrels and provoking trouble. Dou Tao was angry in his heart and said.

Hehe, reasonable, what are you calling, the presiding judge is very unhappy.

The inspector was also unhappy: Dou Tao! Dou Tao! How good it is for you to cooperate, get you a suspended sentence, and you don't have to go to jail, you save trouble, we also save trouble, how good it is to have the best of both worlds, you have to appeal, there is nothing to do.

"The prosecutor may interrogate the defendant Dou Tao about the facts of the crime charged in the indictment." The presiding judge said.

"Defendant Dou Tao, at the time of the case, did the land contract expire?" The inspector asked.

"It's due, but it's ......" Dou Tao was about to explain when the prosecutor interrupted: "Defendant, if I ask you anything, you will answer anything, don't say what you didn't ask, understand?" ”

"Understood." Dou Tao said.

"At the time of the incident, how long had it been since the land contract expired?" The inspector asked.

"It's been more than two years." Dou Tao said.

"For more than two years, who is using the land you contracted before?" The inspector asked.

"Me, I've been using it." Dou Tao said.

"Now that the land contract has expired, why don't you return the land to the village collective?" The inspector asked.

"I want to continue renting land......," Dou Tao said.

"Does the village council agree? You continue to lease the land. The inspector asked, not waiting for him to finish.

"We didn't get it done." Dou Tao said.

"Please answer clearly, does the village committee agree to your lease renewal?" The inspector asked.

"Nope. The village committee did not explicitly approve my lease renewal. Dou Tao said.

"After the contract expired, did you pay the land contract fee?" The inspector asked.

"I went to hand it in, but the village confiscated it." Dou Tao said.

"Please answer clearly, handed it in, or didn't pay it?" The inspector asked.

"I didn't." Dou Tao hesitated. He felt that this was not what he wanted to say, but the inspector did not give him a chance to explain at all.

"The village committee wants to take back the land you contracted, did you know about it before the incident?" The inspector continued.

"Yes, the village sent me a notice before." Dou Tao said.

"Did anyone get hurt in the process of the village committee sending people to your orchard to reclaim the land?" The inspector asked.

"They came to cut down trees and control my daughter-in-law......" Dou Tao was interrupted by the inspector in the middle of his sentence.

"Defendant, you only need to answer yes and no, and you don't need to answer if you don't ask. I ask again, are there any injuries? The inspector said.

"Exists. Zhang Dabao was slashed by me with a kitchen knife. Two other security guards were kicked twice by me. Dou Tao was a little blindsided by the prosecutor's question.

"Presiding judge, the prosecutor has finished asking." The inspector said.

"Does the defendant's defender need to ask the defendant Dou Tao?" The presiding judge asked.

"Questions." Fang Yi said.

The prosecutor's questioning just now is easy to make people mistakenly think that everything is caused by Dou Tao, that he forcibly occupied the land and did not return it, and Fang Yi must clarify the facts and let the judge know the truth.

"Defendant Dou Tao, what did you do after the land contract expired?" Fang Yi asked.

"After the land contract expired, I approached the village to negotiate the renewal of the lease, but we did not agree on the contract fee.

Later, I kept using the land I had contracted before, and the village didn't look for me. I went to the village to pay the land use fee, and the village confiscated it.

Later, the village committee sent me a notice asking me to clear all the things on the ground and return the land. I pondered that everything on the ground was mine, and so many fruit trees had grown for more than ten years, so I couldn't just cut them down, so I had to have an explanation. Dou Tao said.

"Defendant, what do you mean by 'there is an explanation'?" Fang Yi asked.

"Compensation, I think the village should compensate me.

The land I contracted was originally wasteland, but later I planted fruit trees to fatten the land, and the road from the village to the land I contracted was leveled by me. Dou Tao said.

"The village informed you to return the land, did you talk to you about compensation? Is there any agreement in the land contract on the disposal of above-ground objects? Fang Yi asked.

"No, the village has not talked to me about compensation, and there is no agreement in the contract." Dou Tao said.

"The village committee sent someone to recover the land, what happened at that time?" Fang Yi asked.

"At that time, more than a dozen people from the village, armed with axes and chainsaws, said they were going to cut down fruit trees and clean up the ground.

My daughter-in-law, Jiang Xue, saw them cutting fruit trees, so she ran over to stop them, but was pulled aside by the security guards and told her to squat on the ground and not allowed to get up.

I was in a hurry, and the village would cut down trees without mentioning anything, and I would definitely not do it, so I ran into the kitchen and picked up the kitchen knife on the board, drove the security guard away, and saved my daughter-in-law.

I originally wanted to scare them and scare them away, and then go to the village to talk about compensation, but who knew that I injured Zhang Dabao with a kitchen knife. Dou Tao said.

"What happens after you hurt someone?" Fang Yi asked.

"Later, the village called the police, and I was taken away by the police station for 15 days of administrative detention. After coming out, I went to Zhang Dabao's house, came to apologize, and got Zhang Dabao's understanding. He gave me a letter of understanding. Dou Tao said.

The letter of understanding was made up by Fang Yi to Dou Tao to go to Zhang Dabao, and Zhang Dabao got the nutrition and medical expenses from the subsequent tenant, so naturally he would not be embarrassed by Dou Tao. The letter of understanding that Dou Tao submitted to the court is now lying in the presiding judge's file.

"What is the state of that land now? Who is in charge? Fang Yi asked.

"Not long ago, the village came to me to talk about the land and agreed to give me some compensation, and then we signed an agreement. Now the land has been contracted by the village to someone else, and the village has given me compensation for the things on the ground. The agreement has been submitted to the court and the prosecutor's office. Dou Tao said.

"Presiding Judge, I'm done." Fang Yi said.

"Now that we will present evidence and cross-examine the evidence, do the prosecution and defense and the defendant have any new evidence that needs to be submitted?" The presiding judge asked.

"Nope." The inspector said.

"The defendant has new evidence to submit, a letter of understanding from Zhang Dabao, and an agreement on the return of the land and compensation. Not long ago, I submitted it to the court and the prosecutor's office. Dou Tao said.

This was mentioned by Fang Yi to Dou Tao, just in case, Fang Yi asked Dou Tao to mention the two pieces of evidence submitted before in court again and record them.

"The defense has no new evidence to submit." Fang Yi said.

"Now it's up to the prosecutor to present the evidence." The presiding judge said.

"The first piece of evidence, a kitchen knife, shows that in the process of the village committee sending someone to recover the land, the defendant Dou Tao used the murder weapon to slash Zhang Dabao." The inspector said.

"What objection does the defendant Dou Tao have to this evidence?" The presiding judge said.

"No objections." Dou Tao said.

"What is the opinion of the defendant's defender on this evidence?" The presiding judge looked at the defense bench.

"No comment." Fang Yi said.

It is a fact that Dou Tao used a kitchen knife to cut people, and there is nothing to justify.

"The prosecutor continues to present evidence." The presiding judge said.

"The second piece of evidence, the public security department's injury appraisal opinion, proves that Zhang Dabao's injuries constitute minor injuries." The inspector said.

Neither the defendant Dou Tao nor the defender Fang Yi had any objection to this evidence.

"The third piece of evidence, the surveillance video, was taken from the surveillance video of the defendant's orchard. It is proved that on the day of the crime, the defendant arbitrarily assaulted others, causing minor injuries to others. The inspector said.

"What objection does the defendant Dou Tao have to this evidence?" The presiding judge said.

"If there is an objection, I didn't beat others at will, they ran to my orchard first to cut down my fruit trees." Dou Tao said.

"What is the opinion of the defendant's defender on this evidence?" The presiding judge asked.

Judging from the content of the video, it is the cadres of the village committee who took people to the orchard to cut down trees, and the defendant cut and injured people in order to protect his lawful property and the safety of his wife. Complete. Fang Yi said.

……

(End of chapter)