As soon as Fang Yi returned to the law firm from the detention center, Zhou Ying ran over.

"Lawyer Fang, I heard that you have taken on another big case, when will the court start?" Zhou Ying asked with a hippie smile.

"The court starts next Monday, what's wrong?" Fang Yi smiled.

"Next Monday?! Afternoon or morning? Zhou Ying took out her mobile phone, opened the calendar, glanced at it and asked, "I want to listen and learn." ”

"In the morning, the court will be held at nine o'clock in the morning." Fang Yi said.

"Ahh It's over, I have a court with Lawyer Song in the morning, and it would be nice if the trial was held in the afternoon. Zhou Ying looked at the calendar and said worriedly.

"There will be opportunities in the future, and it will not affect you much if you participate in one more case and one less case. What about the corruption case you made with Lao Song? Fang Yi asked.

"Don't mention it, the defendant ran away with his mouth full, and we finally negotiated with the prosecutor, and the defendant pleaded guilty and accepted punishment and did not appeal. The procuratorate also agreed, recommending that the court impose a lighter sentence.

But who knew that as soon as the verdict was issued, the defendant immediately turned his face, saying that he did not constitute a crime, and applied for an appeal. I was speechless. Zhou Ying said.

"And then? The verdict was changed in the second instance? Fang Yi asked.

Well, after the defendant appealed, the procuratorate also filed a protest on the grounds that the court's sentence was too light, and finally the court of second instance changed the verdict.

The court of first instance found that the defendant had committed the crime of embezzlement and sentenced him to five years' imprisonment, but the court of second instance held that the facts of the case were correct, but the sentence was improper, and the procuratorate's protest was upheld, and the sentence was changed to eight years' imprisonment. Zhou Ying said.

"What is the defendant's reaction to this trouble?" Fang Yi asked.

"The defendant felt wronged and wanted to apply for a retrial.

Lawyer Song had previously reminded the defendant that the verdict of the first instance was already the best, but the defendant did not listen.

If you want me to say that the defendant is not wronged at all, how much income can he earn as a principal, his daughter-in-law does not earn much as a small civil servant in the system, and his son has not graduated from university, and at this income level, his family has three properties in the local county and city, and there are still a lot of gold bars in the house, so it is impossible to say. Zhou Ying said.

"What did Lawyer Song say? Continue to act as an agent for a retrial? Fang Yi asked.

"No, the defendant was not satisfied with Lawyer Song and found another lawyer. In fact, the defendant's family is quite satisfied with Lawyer Song. But the defendant is more than the axis, and no one can be his master. Zhou Ying said.

Hua Xiao's rape case finally went to trial, and in the fifth trial court of the district court, Fang Yi sat in the defender's seat and listened to the prosecutor in the prosecutor's seat read out the indictment. Because the hearing was not in camera, there was no one in the gallery.

“…… Defendant Hua Xiao called the victim Feng Yanyun to the corridor outside the safety exit of the nightclub, and because people often came and went, the defendant then took the victim to the corner of the upper floor and forcibly had sex with her......

After the victim Feng Yanyun returned to the nightclub, she told her friend Dong Xia, who was drinking in the nightclub, about the rape. After that, Dong Xia called the police. The defendant was arrested by the police that night.

This court holds that the defendant Hua Xiao forcibly had sexual relations with a minor female against her will, and that her conduct had violated Article 236 of the Criminal Law of the People's Republic of China, that the facts of the crime were clear, and that the evidence was credible and sufficient, and that she should be investigated for criminal responsibility for the crime of rape. Submit a sentence in accordance with law.

Presiding Judge, the indictment has been read. After the prosecutor read out the indictment, he looked at the presiding judge.

"Defendant Hua Xiao, did you hear the indictment read out by the prosecutor just now? Do you have any objection to the facts and charges of the crime charged against you in the indictment? The presiding judge was a male judge in his thirties, looking at Hua Xiao in the dock with a calm face.

"There are objections. I did not constitute the crime of rape, I consulted the victim Feng Yanyun at that time, she voluntarily went to the stairwell outside the safety exit with me, I did not use any violence against her, at first we were just relatively close, and then I saw that she did not object, so I had a relationship with her......" Hua Xiao said.

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

"Defendant Hua Xiao, how did you know the victim Feng Yanyun?" The inspector asked.

"I met her in a nightclub when I came out of the bathroom and accidentally bumped into her. We haven't seen that before. Hua Xiao said.

"Did you drink alcohol on the night of the crime?" The inspector asked.

"I drank, but I wasn't drunk, and I was more sober." Hua Xiao said.

"Who proposed going to the stairwell outside the exit?" The inspector asked.

"I mentioned it." Hua Xiao said.

"What is the purpose of your proposal to go outside the security gate?" The inspector asked.

"I want to take advantage of her and have sex with her." Hua Xiao said.

"Where did you go after you got out of the iron gate of the security exit? What have they done? The inspector asked.

"We went upstairs down the stairs, and I grabbed her at the bend of the stairs...... "Hua Xiao repeated what she had said to the police and the procuratorate.

"Presiding Judge, I'm done." The inspector said.

"Does the defendant's defender have to ask questions of the defendant?" The presiding judge asked.

"Yes." After Fang Yi finished speaking, he looked at Hua Xiao in the defendant's seat: "Defendant, what did you see after you walked out of the safety exit?" ”

"A few people were smoking and chatting by the stairs, and occasionally someone came out of the nightclub to go to the underground parking lot." Hua Xiao thought for a moment and asked.

"That means people often go in and out of the security exits, right?" Fang Yi asked.

"Yes." Hua Xiao said.

"When you and the victim went upstairs to the turn, did she walk in front of you or behind you?" Fang Yi asked.

"Behind me, I went up first." Hua Xiao said.

"How long have you been at the turn of the stairs?" Fang Yi asked.

"It was about half an hour, and I don't remember exactly." Hua Xiao said.

"Did you consult the victim before committing intimate actions with the intention of having a relationship?" Fang Yi asked.

"I didn't ask her for advice at first, she was a little resistant, and when I stopped, I asked her why, and she said she was afraid of someone coming.

Later, I told her that there was no one up there, and no one below would come up, and then she didn't nod her head or object. Hua Xiao said.

"Did you beat, abuse, threaten, or intimidate the victim from the time you learned about the relationship?" Fang Yi asked.

"No, absolutely not, we all volunteered." Hua Xiao said.

"Presiding judge, the defender has finished asking." Fang Yi asked.

"The following is to present evidence and cross-examine the evidence, and the prosecutor will present evidence first." The presiding judge said.

"Presiding judge, the evidence submitted by this court includes screenshots of WeChat chat records, the process of arriving at the case, the testimony of the witness Dong Xia, the victim's statement, the defendant's confession, the public security organ's appraisal opinion, the on-site investigation record, the nightclub surveillance video, ......"

(End of chapter)