Chapter 683: If there is a mistake, we have to admit it!
Du Xiaosheng felt that it was not a problem for the young couple to fight, and after a few days, the father-in-law's popularity disappeared, so he bought some gifts and went to the house to see, and the matter was over. But on the night of the crime, the police summoned him to the police station, and then he never came out. Subsequently, the county procuratorate charged Du Xiaosheng with rape and filed a public prosecution with the county court.
"That's the thing, the little couple fought, and the in-laws actually called the police, which is too ignorant. Now that the people in several nearby villages know about it, what will happen to this in-law family in the future!
The most infuriating thing is that the police station said that my son constituted the crime of rape, so how can I see people in the future! The aunt complained.
Li Sancai glanced at his aunt and said in his heart: Auntie! You can really fool me, my cousin has an accident, and I don't see you idle! Listen to the class today, where to invest tomorrow, you are the busiest and the most heartfelt in the whole village!
"Auntie, let me ask you, how do you know this in such detail? Did you go to Deng's house? Fang Yi asked with a puzzled expression.
The location of the crime was not in her own home, how did she know so much detail? Fang Yi drew a large series of question marks in his heart and began to judge the credibility of her words.
"Ah, I'm not going to Deng's house! There was such a big incident, I had to ask what was going on, the village chief and the Deng family were there at the time, and I quarreled with them all afternoon.
I asked them to withdraw the case and bail my son out, but they excused themselves and said they couldn't do it, and I think they did it on purpose and wanted my son to go to jail.
Sancai also went that day, and we went to a lot of people, and we almost got into a fight......
Later, I went to the county lawyer to go to the detention center to see my son, and some of what I told you just now was said by the lawyer, and some of it was said by the other party, otherwise I would not have known so much.
But I think the level of lawyers in the county is like that, so I asked Sansan to find a lawyer from the city. When she mentioned this, her aunt was angry.
In fact, she couldn't tell the level of the lawyer, mainly because she had two dollars in her pocket, and she felt that her son had been arrested, so she had to find a lawyer in the city to defend her. If it had been left in the past, the aunt might not even be able to afford to have a big head in each village.
"Auntie, don't worry, let's listen to Lawyer Fang's opinion." Li Sancai persuaded.
"Auntie, what the Deng family said about this matter is right, people have been arrested, even if they go to the public security organ now, it is useless, criminal cases are different from civil cases, as long as the case is filed, the victim can not control the back, and it is not something you can stop if you want to.
It's like getting on the train, we can decide whether to get on the train or not, but when we don't get to the station, we want to get off the train temporarily, it's impossible, the train is not under our control, you know what I mean. Fang Yi explained.
"That's it!" The aunt was stunned, her mouth was open, her brain couldn't react a little, and she didn't know what to say.
"Lawyer Fang, we don't understand the law, you are specifically engaged in this. So what do you say about my cousin, is there any hope? Will there be a sentence? Li Sancai asked.
"Let me ask you, did your cousin and sister-in-law sue for divorce because of emotional discord?" Fang Yi asked.
"No, absolutely not. The people in the village will not go to the court for divorce unless they have to, and they will negotiate and settle it privately. When my cousin got married, he gave the Deng family a lot of money, and the Deng family got cheap and persuaded Deng Qiongying to go back to live. Before, the attitude of the Deng family was to persuade and not to dissuade. Li Sancai said.
"The Deng family is definitely unwilling to let their daughter divorce, because they also have a son who is studying in college in the city, and the bride price given by my son's marriage is for the Deng family to marry his daughter-in-law. Their family sold their daughter and bought their daughter-in-law. The aunt added with an angry face.
"Well, I probably understand the situation of the case.
Let's put it this way, there is controversy in criminal law theory and judicial practice whether a husband who uses violent means to forcibly have sex with his wife against her will during the existence of the marital relationship constitutes the crime of rape.
A few years ago, I had a similar case, of course, in that case, the husband and wife sued for divorce, and the judgment came down, but it had not yet taken effect, during which the husband forcibly had sex with his wife, and finally the court convicted the husband of rape and sentenced him to a suspended sentence. Fang Yi looked at the two of them after speaking.
The aunt's eyes immediately showed a look of horror: "Lawyer Fang, my son is wronged!" I asked my relationship to find him a job at the county post office last year, and if he is sentenced, the job will be gone, so you can ......help him."
"Yes! Lawyer Fang, if my cousin goes in, not only will his job be gone, but his reputation in the countryside will also be stinky. ”
Li Sancai's meaning is very clear, the crime of rape is no better than fighting, if this is the name of the rapist on the head, who wants to use it in the future! Everywhere you go, you are three points shorter than others, and no one can afford it.
"Mr. Li, auntie, after listening to me, Du Xiaosheng's case still has a chance, and he may not be convicted of rape.
Although it is a fact that the two of them have a discordant relationship, they have not yet made trouble to the point of going to the court, and the two sides have not met to the point of life and death, like enemies, otherwise he will go to his father-in-law's house, and it will be impossible for him to let him in.
And there was such a big commotion on the night of the crime, and his father-in-law didn't say that he would surround people and not let them go, if Deng Qiongying hadn't passed out and called an ambulance, I don't think the Deng family would have called the police.
Am I right? After Fang Yi finished speaking, he looked at his aunt and Li Sancai.
The aunt just wanted to argue a few words, but was stopped by Li Sancai.
"Let's close the door, I'll say a few fair words, auntie, don't worry, although Du Xiaosheng is my cousin, what he did was really a bit uninteresting. Deng Qiongying was sent to the hospital that night, whose daughter was not distressed. If there is a mistake, we have to admit it.
But Du Xiaosheng is my cousin after all, his own family, and we don't want him to be put in prison. Li Sancai looked at his aunt after speaking.
"Yes, my son is a little wrong, he is at fault first, I don't deny it, but the two of them are not in harmony, and it can't be said who is right and who is wrong. It is difficult for a clean official to cut off family affairs! The aunt added.
"Lawyer Fang, you just said that my cousin has a chance in this case, and he may not be sentenced. What does that mean? How sure are you? Li Sancai asked.
"I think so, your cousin and their marriage relationship still exists, although he forcibly had sex with his daughter-in-law, but it is still very different from ordinary rape cases.
Courts generally do not decide cases across the board. However, I can't guarantee what the judges of the county court think. After all, the standards of trial are not completely uniform in all regions.
The rape case I mentioned before was decided in our county court, and this time this case is in our county court. So I think there's a chance, but I can't give you two any guarantees. I can only do my best. Fang Yi said.
"Lawyer Fang, if my cousin's case is entrusted to you, how much will the lawyer's fee cost?" Li Sancai glanced at his aunt and asked.
(End of chapter)