44. Apply for an investigation order

The lawyer's manuscript and the evidence submitted need to be submitted to the judge for review before the trial.

If the defense draft is viewed by a bad-tempered judge, it is very likely that he will be scolded twice.

As a witness in the train picking quarrel and provoking troubles case, Li Chen is logically not required to write a defense draft, but the problem is that the opposing party's lawyer pointed out in the defense draft that Li Chen's behavior did not belong to legitimate defense.

There are two reasons for this:

First, the concept of mutual assault and picking quarrels and provoking trouble.

Mutual assault, simply put, is a fight between the two parties, and the punishment will only be imposed if the injuries of both parties are serious.

Picking quarrels and provoking troubles, easy to understand, is nothing to do.

In this case, the reason for the dispute between the two parties was that the child kicked and hit the seat in the front row, and the conflict gradually escalated due to the inappropriate language of the two parties, which could not constitute picking quarrels and provoking trouble, but at most a mutual assault.

First, video evidence on the train.

It is obvious from the video on the train that the real reason for the conflict between the two parties is precisely because the girl's inappropriate remarks are the real reason for the consequences of this case, and after the child's parents slapped her, the girl also shot back and hit the other party twice, and then the defendants came up and started to beat each other.

And the witness Li Chen, in the video, also fought back, which can also be characterized as a mutual assault.

Second, injury identification.

Neither side of the beating constituted minor injuries, and the concussion of the witness Li Chen did not belong to the category of injury evaluation.

The presiding judge of the court who was in charge of hearing the case found the prosecutor in charge of the prosecution after listening to the defender's opinions, and the prosecutor communicated with Li Chen on the phone, after all, this matter was raised by him to picking quarrels and provoking trouble.

After the conversation, the inspector asked him to write a document and send it to his mailbox.

After returning to the magic capital, Li Chen began to use the computer to write materials.

First of all, the first point is that the beater made the first move, and when the police were at the scene, her behavior was picking quarrels and provoking trouble.

Due to environmental factors, it is reasonable and lawful for the victim to return fire, which is justified defense.

In self-defense, there is no clear provision for how many times to return the hand.

Fighting back once is justified defense, but the second time is not justified defense?

It is necessary to consider this case comprehensively in light of the circumstances at the time.

When the police are at the scene, you still dare to beat people, how arrogant is your attitude?

If a law enforcement officer is at the scene and ignores the law enforcement officers and starts beating people, then her behavior constitutes picking quarrels and provoking trouble

Second, the behavior of the witness Li Chen.

In the video, Li Chen's behavior was to pull the frame as a third party and try to stop this act, and Zhang Debao (the defendant) came up and kicked Li Chen (Li Chen) on the body, causing his head to hit the seat in the front row, and was later examined by the hospital as a slight concussion.

Li Chen (the witness) did not want to do anything with him, but due to the influence of objective factors at the scene of the crime, he could not continue to urgently avoid danger, and the measures taken to fight back afterwards should be justified defense.

……

It took hours of writing to get it done.

Li Chen stood up, moved his body, went to the living room to drink a few sips of tea and sat back at the computer desk.

Light a cigarette and check your content for loopholes.

A few more points were added, and then they were sent to the other party's mailbox.

After sending, Li Chen took out his mobile phone and began to make calls.

"Toot", "Toot"...

The phone is connected.

"Hey, Liu Jian, I'm Li Chen, and the document has been sent to your mailbox."

………

"Hmm...... Good... There's no problem with that. ”

Li Chen hung up the phone, a little speechless.

Do you still have any questions about me in the later stage?

I'm just a witness, okay...

Next, it's time for the divorce.

Li Chen doesn't plan to write the defense draft of this thing seriously, just deal with it casually.

The first reason is that the attitude of the judge in charge of the trial will directly affect the fairness of the case.

When the scales of the law have been tilted, all preparations are in vain.

No matter how good your lawyer says, what's the use of the judge not listening?

Of course, it's just that because of the oral agreement between the two parties, the other party has not paid the money and the court has not obtained the result, so it cannot be reported.

Second, the original client has died, so there is no point in fighting for this divorce case.

The best thing to do is to send the defendant in, so that no one comes to fight for the property, right...

It was nine o'clock the next morning.

The entrance of the Demon City Inquisition.

After Li Chen met with her client, Zhang Lingling, she asked, "Are you prosecuting according to what I said?" ”

It shouldn't be.

If the other party really proceeds to file a lawsuit according to its own reasons, there is no reason not to file the case.

When Zhang Lingling and Li Chen were on the phone, they were not in the magic capital, and when they came back, it was afternoon.

Li Chen decided to settle his case first, and made an appointment to meet at the door of the court the next day.

"I just did what you said..."

When Zhang Lingling heard this, she simply repeated what Li Chen taught him.

The judge who filed the case in the court was found by Zhang Lingling in order to ensure the success of her prosecution.

Li Chen nodded when he heard this: "Well, I know, let's go in together." ”

The two entered the courthouse together and met the judge in charge of the case in the conference room.

"I want to ask, why didn't our court file the case just because the evidence was insufficient?"

Li Chen looked at the judge in charge of the case and asked.

"That's right."

"Although the grounds for prosecution are very strong, if only the evidence on the mobile phone is present, it is very simple."

"If you want to sue the other party, you must have enough evidence to prove that the other party did receive the notice and did not take corresponding actions, even if I file a case for you here, it will be easily overturned when it comes to trial."

If you want to file a case, you must not only be reasonable, but also look at the evidence.

If your evidence is strong, you don't need to make too much of it.

Li Chen nodded when he heard this: "Then I will apply for an investigation order." ”

"This one does."

Hearing this, the judge nodded: "Did you bring the application?" ”

"Brought."

After speaking, Li Chen took out the application for an investigation order that he had prepared a long time ago from his briefcase and handed it to the other party.

"So many places?"

The judge glanced at the specific place of the application and couldn't help but frown.

"These are all places where the defendant may be in and out, and there is no problem."

Li Chen said that the locations to be investigated are all places given by the system:

Supermarkets, shopping malls, hotels, clothing stores, jewelry stores, and five fixed places such as the villa provided by the defendant for Xiao San.

"Are you sure there will be evidence about the defendant in these places?"

As a judge, he had never seen such a specific place.

"There will definitely be."

Li Chen nodded very seriously when he heard this.

As long as the surveillance footage of these places is retrieved, it can be proved that this guy has committed a crime of omission.

Of course, there is also the most important part, that is, the chat record between the defendant and the mistress.

It is specifically described that the defendant knew that his wife had committed suicide...