282. The trial is reopened, I said that this is a case of extortion and marriage fraud!
"Dear Dean, I hope you will take this case seriously, because this case is a challenge to the law."
After the other party finished reading his reply, Li Chen continued to speak: "Regarding the definition of rape, I think the law has clear norms.
This case, from any point of view, does not meet the definition of rape.
If you agree beforehand, or if you don't explicitly refuse, you should stop reporting the person after the fact, because we can't guarantee that the next person will be Daniel Zhang. β
If the defendant in this case is really convicted of rape, who will dare to find a woman as a partner in the future?
"Well, I'll think about what you say."
After reading Li Chen's reply, Dean Wang also had his own answer in his heart.
There is indeed a possibility that this matter is not rape...
After sending Li Chen away, Dean Wang once again discussed the marriage case.
In mid-May, Li Chen received another phone call from the client's family, saying that the court had agreed to their request and had decided to use the online trial model to openly try their son's case.
At the same time, the District Prosecutor's Office also replaced the prosecutor, believing that the female prosecutor was not suitable to serve as the prosecutor of the case...
The trial is scheduled for 9 a.m. on May 16.
The momentum of the trial was very huge, and a new collegial panel was formed by three new judges, with Zhang Weiqiang, vice president and president of the civil division, as the presiding judge, and more people's jury and many social representatives attended the scene, totaling more than 40 people.
At 8:30, the live broadcast account was officially opened, and some netizens began to squeeze in, and the number of people has exceeded two million:
"So many people?"
"Liu Ergou, I know you're watching!"
"Let me see, who is the one who reported his fiancΓ©?"
At 8:45, Li Chen came to the front of the trial court with his belongings and entered the trial court through the security gate.
At nine o'clock, the case was officially opened, and there were more than 20 million onlookers on the video public account of D County!!
After the three collegial panel judges walked to the trial bench and sat down, the presiding judge, Zhang Weiqiang, rang the gavel and announced the official opening of the case.
Entering the procedure, the presiding judge first checked the personal information of defendant Daniel Zhang, explained to him the list of people who appeared in court today, and introduced to him his procedural rights and obligations.
After all the introductions, Zhang Weiqiang asked Daniel Zhang again: "Defendant Daniel Zhang, have you applied for the recusal of the members of the chamber, the clerks, and the evaluators (or inquest personnel and translators)?"
"No, I don't."
Daniel Zhang replied after hearing this.
"Now for the forensic investigation."
After Judge Zhang struck the hammer, the prosecutor began to read out his complaint and evidence.
This time, there were two prosecutors, a man and a woman.
After the female prosecutor read the indictment, Daniel Zhang began to defend whether he had raped the woman, Liu Ailing.
"Defense lawyer for the defendant, now express your defense."
Li Chen pressed the microphone in front of him when he heard this: "I have different opinions on the determination of the public prosecutor, and I believe that Zhang Wei did not rape the victim Liu Ailing, for a total of three reasons.
First, the relationship between the two parties and the video at the time.
The relationship between the two before they had sex was already engaged, and their relationship has surpassed the ordinary relationship between men and women.
Before the crime, Daniel Zhang and Liu Ailing took the elevator to the marriage room together, behaving very intimately, after the crime, Liu Ailing walked out of the elevator alone, her expression was also very natural, there was no sign of rape.
The second point is the behavior of Liu Ailing and her mother after the incident.
After being raped, Liu Ailing's actions did not conform to the behavior of a victim, and her behavior was unexpected.
After the case, she did not immediately call the police, but her mother Yang Shulan found Daniel Zhang and recorded the confession of the so-called Daniel Zhang's rape, the purpose was not to call the police, but to blackmail the other party to pay the remaining bride price of 100,000 yuan in advance, and add her daughter's name in advance to the full amount of Daniel Zhang's pre-marital property, otherwise she would use the recording to report Daniel Zhang.
Let's assume that Daniel Zhang really raped Liu Ailing, then why did you, Liu Ailing, as a victim and Yang Shulan as the victim's mother, make such a bizarre move?
The third point concerns the criteria for conviction in rape cases.
The victim's actions before and after can be understood as voluntary in advance.
However, the law clearly stipulates that an act of prior consent cannot be called against the will of a woman, nor can it be called a crime of rape.
If you agree beforehand, but afterwards you regret and want to accuse the other party of rape, this is joking with the law and social morality and order!
According to the woman's behavior, we have reason to accuse the other party of extortion and marriage fraud. β
When she heard this, Liu Ailing, who was sitting on the civil litigation side, was a little annoyed.
The reason why this matter is the way it is is because of her sister.
Honestly, is it too much to ask of their family?
First, pay the remaining bride price of 100,000 yuan in advance.
Second, ask them to add their names to the book.
We don't have a lion opening our mouth, and you're having sex with me again, so what's wrong with doing what we say?
Originally, the two families had discussed it because of her troubled sister.
Or is my mother right, marrying such a person is harming myself...
There is no sincerity at all, and after getting married, I have no status at all...
Thinking of this, her accusation against Daniel Zhang became more natural.
Don't blame me, blame your troubled sister and dead-eyed mom!
To be honest, Liu Ailing still has a good impression of Daniel Zhang, otherwise she would not agree to sleep with him...
On the live broadcast account of the trial court, a large group of netizens were also very relieved after listening to Li Chen's reply:
"That's right, this is extortion!"
"This lawyer seems to be quite competent."
"Upstairs, you don't know who he is, do you?"
"Li Chen? , third brother?? β
"When you say that, it's a bit like..."
"Be confident, that is!"
"Zhang San: Engagement rape case? Don't worry, I'll make a move! β
"Zhang San: Go to Nima's rape, this is clearly a fraud!"
"Originally, I was worried, but now I don't worry about it anymore after seeing Lawyer Li."
"Upstairs, is this lawyer Li very powerful?"
"Hehe, be confident, get rid of it!"
"If my third brother gets angry, everyone here must be a defendant, do you think he is powerful?"
"I wonder why I haven't seen the third brother during this time, I'm far away here..."
Tribunal.
Zhang Weiqiang, as the presiding judge, began to ask Liu Ailing after listening to Li Chen's speech: "Plaintiff, do you have any evidence to prove that Daniel Zhang went against your will?" β
From today onwards, it is not necessary to write according to the actual trial procedure, but to debate freely in the defense link...
(End of chapter)