The two discussed the outrageousness of the case, and from his mouth, they also knew why it was outrageous.

And the source of the outrageous is the attitude of law enforcement units.

More than ten years have passed since the case occurred, and there is no evidence that can give the case a given verdict just by relying on everyone's description.

From the District Prosecutor's Office to the Court of Justice, there was no one who talked about this.

It's a terrible question.

Judging from the trial order of this world, a criminal case is controlled by mutual supervision from the filing and investigation of a criminal case by the department of the Armed Forces Association, to the end of its submission to the local prosecutor's office for examination and prosecution, and finally to the judgment of the trial court.

Which department is in question, is the crime and the evidence clear?

But the case gives people the feeling that this is what it looks like:

The Armed Forces Association Department took a case and handed it over to the District Prosecutor's Office and said: Brother, the nature of this case is somewhat serious, give him a public prosecution.

The inspector of the District Prosecutor's Office took a look at the relevant materials and told him that there was no problem, and then prosecuted.

And the judge in charge of adjudicating the case was optimistic that his brother was going to sue the case, but he ignored the suspicious questions and gave the verdict directly!

It's so outrageous, it's outrageous, it's outrageous!

The law enforcement unit has become a family, and the seriousness of the problem can be imagined.

The two chatted for half an hour, and it was not until about eleven o'clock that the topic ended.

Next.

At half past eight, Li Chen prepared to set off with his relevant materials.

The ticket was for nine o'clock in the morning and the flight time was two and a half hours.

At half past eleven, the plane arrived at the local airport, and Li Chen began to contact the lawyer Zhao.

Walk outside the airport and wait patiently.

Twenty minutes later, a black Volkswagen stopped in front of Li Chen.

Zhao Yongjie stopped the car, walked down from the cab and came to Li Chen and asked, "Lawyer Li?" ”

Li Chen responded with a smile: "It's me, are you Lawyer Zhao?" ”

"Yes, my name is Zhao Yongjie, hello."

"Hello."

The two shook hands, and Zhao Yongjie said, "Get in the car." ”

Hearing this, Li Chen walked to the back seat, opened the car door and sat in.

Zhao Yongjie entered the cab, calmed down the shock in his heart, fastened his safety and began to chat with Li Chen about the case.

As early as before the first trial, the wife of the party found him, and he also negotiated with the relevant personnel of the local prosecutor's office many times.

"The main point they think is that the parties on both sides admitted to the crowd fight, and the confession on that side was that the other party took weapons to retaliate, and they were also forced to fight back..."

Li Chen also knew the cause of the case, that is, because the party was dissatisfied with the other party's behavior, he brought a few people over to ask for an explanation.

But from the other party's point of view, this is the result of dissatisfaction and finding fault.

In this way, there is no problem, because they are in a sense to find fault.

In fact, by the definition of the law, they can also be sentenced.

The person concerned was carrying several people and weapons in his hands, which was very serious in nature.

According to the provisions of the Criminal Law, those who assemble a crowd to fight shall be sentenced to up to three years imprisonment, short-term detention or controlled release for the ringleaders and others who actively participate; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:

(1) Gathering crowds to fight multiple times;

(2) Gathering a crowd to brawl with a large number of people, a large scale, and a heinous social impact;

(3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order;

(4) Assembling a crowd to fight with weapons.

Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

From the perspective of criminal law provisions, armed crowd brawls are much more serious than ordinary brawls...

As for the length of the weapon in the other party's mouth, it doesn't really matter.

"Did the other party report it?"

Li Chen was a little curious when he heard Zhao Liheng's words.

How did a case that had been going on for more than a decade come out?

"I've asked this question, it seems that there have been many fights and brawls over there that have been dealt with by the Martial Arts Association, and in the process of dealing with it, they have also admitted that they have had such a past."

Speaking of this, Zhao Yongjie was also a little speechless.

Hearing him say this, Li Chen also understood.

To put it simply, the other party was arrested by the Armed Forces Association because of the fight, and in the process of questioning, the Armed Forces Association unit asked:

How many fights have you had?

And the honest man over there confessed truthfully.

How many fights, when, for what reason...

And the "poor" party was turned out in this situation ...

"If that's the case, from the perspective of law enforcement, there's nothing wrong with being sentenced."

After hearing this, Li Chen talked about his own opinions.

From the current point of view, the parties are guilty, and the only point that can be used by the defense of innocence is the recourse period of the case.

The maximum period for prosecution in general criminal proceedings is 30 years. The details are as follows:

(1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, the prosecution period is 5 years;

(2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, the prosecution period is 10 years;

(3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, the prosecution period is 15 years;

(4) Where the statutory maximum sentence is life imprisonment or death, the prosecution period is 20 years. If, after 20 years, it is deemed necessary to prosecute, it must be reported to the Supreme District Prosecutor's Office for approval.

Article 88:Where investigation or trial is evaded after the case has been filed and investigated by the local procuratorate, the organs of the armed forces association, or the state security organs, or after the case has been accepted by the trial court, the time limit for prosecution is not to be limited.

Where the victim submits an accusation within the time limit for prosecution, and the trial court, the district procuratorate's office, or the organ of the Armed Forces Association shall file the case but do not file the case, it is not subject to the time limit for prosecution.

Article 89:The time limit for prosecution is calculated from the date on which the crime was committed; Where the criminal conduct is continuous or continuous, it is calculated from the date on which the criminal conduct ends.

Where another crime is committed within the time limit for prosecution, the period for prosecution for the previous crime is calculated from the date on which the subsequent crime is committed.

At the time of the incident, neither party reported to the police, but it was turned over more than ten years later, in a sense, that is, the recourse period of the case has passed, and the parties are no longer legally responsible.

Zhao Yongjie also said helplessly: "I guess they don't have any idea that they will be sentenced." ”

Regarding the attitude of law enforcement units, Zhao Yongjie is also a little helpless.

There is no problem in enforcing the law impartially.

The main reason is that he is a local lawyer, and he can't be offended by the local authorities...

If he were to change places, he would definitely have to touch the law enforcement agencies.

Do you say that a crime is a crime? Prove it!

If you have evidence, you can judge him however he wants, and even if he is sentenced to ten or twenty years, I will not have any opinion.

There is not even a single evidence, and the verdict is decided based on the statements of the parties alone, which is outrageous...

(End of chapter)