On the court court.

Facing Xiao Lili's gaze, Li Xuezhen was not afraid at all.

So many trials have come.

Stare at??

Let's try it out!

Look who's awesome!

Xiao Lili noticed Li Xuezhen's gaze: ???

Subconsciously put aside his head and asked his legal aid lawyer, with a little nervousness in his expression:

"Lawyer Chen, will we lose this lawsuit?"

"I'm a little worried"

As a female lawyer, Chen Le is usually responsible for handling divorce cases and cases of unfair treatment of girls in marriage.

Among them, there is also a certain understanding of the case of forcing women to have sex.

But

She is only a newly qualified lawyer and has little experience in handling cases.

So I want to do some assistance cases and exercise my ability.

After learning about Xiao Lili's statement and the specific details of the case.

As a woman, she fell into empathy, thinking that she would definitely help Xiao Lili get justice.

Facing Xiao Lili's worries, Chen Le comforted softly:

"In this case, the prosecution's evidence is conclusive, and the prosecution has been initiated, and there is no ..... that it is so easy to lose."

"Although the other party's lawyer said that he was a barrister, it was impossible to overturn the evidence, and the probability of losing this case was very low."

"I promise to help you fight for absolute legal rights."

"Don't worry.... That kind of scum deserves the punishment he deserves. ”

"Good.... Thank you...."

"This time, that's not Lawyer Chen, you've been comforting me, I really don't know what to do."

Xiao Lili opened her mouth and sold a grievance.

Chen Le smiled and nodded: "It's okay, we are all women, so we should help each other." ”

"Hmm!"

Xiao Lili laughed and nodded.

At this time, Xiao Lili's mother Dong Zhu secretly pulled Xiao Lili's clothes.

Xiao Lili patted Dong Zhu lightly with her hand, signaling that there was no need to worry about this lawsuit.

.

….

At the courtroom, the clerk announces the completion of court discipline.

Three members of the collegial panel stepped onto the bench.

Presiding Judge Li Yongchun rang the gavel and announced the opening of the trial.

And start to go through the corresponding process.

This trial, as a public prosecution case, has three parties: the prosecution, the prosecution and the defendant.

None of the parties objected to the trial.

After confirming that there were no problems with the process, Li Yongchun glanced at the other two judges beside him, Zhang Qi and Duan Lanlan.

Immediately after that, the gavel is sounded.

"The parties have no objection to this court's hearing, and there is no application for recusal, and the trial phase is now begin."

"In this case, the prosecution accused the defendant Zhang Tongwei of violating the criminal law and forcibly having an improper relationship against the will of a woman, right?"

Zhou Ran, the main defense officer of the prosecution, nodded: "Yes, the presiding judge." ”

Knock knock!

"After confirming the cause of the case, then the prosecution will begin to present the accusation."

"Okay presiding judge."

Facing the presiding judge, Zhou Ran, as the prosecutor, began to state Zhang Tongwei's crime.

The prosecutor's statement of Zhang Tongwei's crime is as follows: "

"According to the police records provided by the law enforcement party, the victim's confession, and the evidence provided by the victim, it shows that the defendant has seriously violated the legal rights and interests of the injured party."

"An unfair relationship was reached that forcibly went against the woman's will."

"According to Article 236 of the Criminal Law, the provisions and constitutive conditions for the crime of rape."

"The crime of rape is the act of forcibly having sexual relations with a woman against her will, using violence, threats or other means."

"Objectively, it is manifested in the violation of women's legal rights, and the practice seriously violates women's subjective will."

"In this case."

"On the basis of evidence and confession:"

"Zhang Tongwei did have a relationship with Xiao Lili, and after the case, Xiao Lili retained the relevant evidence and filed a case for charge."

"Combined with the confessions of Zhang Tongwei and Xiao Lili, as well as the evidence provided by Xiao Lili, it is confirmed that Zhang Tongwei forcibly violated the wishes of Xiao Lili's women."

"That is, the prosecution believes that Zhang Tongwei's criminal facts are established."

"According to the sentencing punishment for this crime, a sentence of not less than three years but not more than ten years imprisonment shall be imposed."

"In this case, if the defendant cannot produce a letter of understanding or other valid proof, the prosecution recommends a sentence of three years in prison."

"Presiding Judge, the prosecution has finished its case."

Zhou Ran was charged with three years in prison.

It can be said that . In the case that Zhang Tongwei did not receive a letter of forgiveness and did not have a good attitude in admitting guilt, this is already the lightest recommended sentence.

You know, confession is lenient, resistance is strict, this is still the case in court.

But Zhang Tongwei has always resisted the crime and refused to admit punishment, and has always insisted that he did not carry out coercion.

Therefore, it stands to reason that the sentence should be at least three and a half years.

The sentence recommended by Zhou Ran was obviously considered from other aspects.

.

….

Presentation before the prosecution is completed.

Presiding Judge Li Yongchun locked his eyes on the prosecution's seat.

"Prosecution, do you have anything you need to add to the prosecution's litigation application?"

Chen Le after hearing the presiding judge's words.

The expression is serious.

"Some presiding judges."

"Presiding Judge, we believe that the prosecution's recommended sentence is inappropriate, and we apply for civil compensation."

"Why do you think it's inappropriate, and what are the reasons?"

Li Yongchun frowned slightly and asked.

As the main adjudicator of this case, he has a general understanding of the case.

How to say it

Under the premise that Zhang Tongwei was found guilty, this sentence can be said to be very reasonable.

He doesn't think there's anything unreasonable.

Faced with the presiding judge's questioning, Chen Le continued to speak:

"Presiding judge, we believe that in this case, Zhang Tongwei violated Xiao Lili's subjective wishes and violated the law, which caused serious impact and consequences on Xiao Lili."

"At present, Xiao Lili has suffered serious mental losses in front of her relatives and friends because she was forcibly forced by Zhang Tongwei."

"Therefore, Zhang Tongwei should be severely sentenced."

"Also."

"Based on Zhang Tongwei's injury to Xiao Lili, we believe that the defendant should compensate our victim, the cost of mental damage, the cost of being insulted, etc., 200,000 yuan."

"Presiding Judge, the above is our litigation application."

After Chen Le finished speaking, he looked up at the presiding judge's seat.

Li Yongchun frowned slightly and did not speak.

Su Bai smiled when he heard the other party's statement, and the female lawyer opposite looked at it that she was not very experienced in the trial.

Isn't it because you want to gain experience as a legal aid lawyer?

Received a moral loss and claimed 200,000? How dare you ask for it!

Both co-authoring and non-reconciliation want to take money, right?

Su Bai: .....

Li Yongchun rang the hammer and let the defense begin to make a statement.

Regarding this case, Su Bai has studied it thoroughly, extracted the litigation materials, and stated:

"Presiding judge, we will plead not guilty."

"Application for dismissal of the prosecution's charges and the prosecution's supplementary charges."

"We don't think we forced Xiao Lili to have a relationship."

"First of all, I want to state a fact, that is, before this case was filed, Xiao Lili and Zhang Tongwei were in a relationship."

"And the two are already engaged."

"In such a situation, Xiao Lili accused Zhang Tongwei of forcing Xiao Lili to have sex against her will."

"That's the premise."

"In addition.... The evidence reports issued by the prosecution and law enforcement are Xiao Lili's confession, the audio recording made by Xiao Lili's mother Dong Zhu when she came to question Zhang Tongwei, and the conclusive evidence of the relationship. ”

"For this trial, the most important point of whether Zhang Tongwei is judged to have violated the law and committed a crime is whether Xiao Lili was voluntary when Zhang Tongwei and Xiao Lili had a relationship at that time."

"Let's start with the evidence provided."

"Xiao Lili's confession is that she has obvious acts of resistance and does not allow Zhang Tongwei to have a relationship."

"On the second day of the relationship, Dong Zhu came over and asked Zhang Tongwei if there was such a situation... Zhang Tongwei replied. ”

"Through such evidence, the prosecution determined that Zhang Tongwei had a relationship against Xiao Lili's wishes."

"But what does the process look like?"

"The specific process is that Dong Zhu asked Zhang Tongwei if he was unhappy when he had a relationship with Xiao Lili last night."

"Isn't Xiao Lili not very happy...."

"This evidence is a supplementary evidence against Xiao Lili's confession."

"But in fact, it didn't directly explain the specific situation at that time."

"I also have a question."

"When Dong Zhu asked our client Zhang Tongwei, he deliberately brought a voice recorder to record."

"I would like to ask the presiding judge and the members of the collegial panel, what was Dong Zhu's identity at that time?"

"At that time, Zhang Tongwei and Xiao Lili were already engaged, and Dong Zhu's identity was Zhang Tongwei's mother-in-law-to-be."

"The mother-in-law went to her son-in-law's house to ask about this kind of thing, and she also carried a voice recorder...."

"Specifically to inquire about this matter.... This simply does not make sense. ”

"Again...."

"Xiao Lili and Zhang Tongwei have had a relationship many times before, according to the confession of our party, why did they report our party for coercion when they had a relationship this time?"

"For the above two questions, I don't understand too much, presiding judge, I want to ask the prosecution or the prosecution to answer my two questions completely..."

"Otherwise, no matter what the court decides, we will find the judgment unreasonable and will continue to appeal."

Su Bai looked up slightly at the presiding judge's seat.

After listening to Su Bai's statement, the presiding judge Li Yongchun subconsciously glanced at the position of the defendant's agent ad litem.

He also knew that with Su Bai here, this case would definitely be difficult to trivialize.

Didn't you watch it last time, and sent one of their colleagues away?

Su Bai's request is a relatively reasonable request.

These two issues were also key issues in the trial of this case.

Although the prosecution's circumstantial evidence, Xiao Lili's confession, and Dong Zhu's evidence show that Zhang Tongwei did act coercively.

But....

In other places, he didn't know whether it should be decided or not.

However, in this trial, the opinions of all parties must be taken into account before the verdict is made.

In the face of Su Bai's statement, Li Yongchun sorted out the application statements of the three parties, and then looked at the prosecution and the defendant's seats.

"The court has sorted out the statements of the three parties."

"Now the court has summarized the details of this case and the process in the litigation application."

"First: Zhang Tongwei and Xiao Lili have had a relationship, which is a fact."

"Second: In the process of having a relationship, Xiao Lili showed unhappiness, but Zhang Tongwei still continued, which can be confirmed by Zhang Tongwei, Xiao Lili and the recording evidence."

"Third: Zhang Tongwei and Xiao Lili were unmarried before the case."

"There is no objection to the above three points, right?"

These three points are all based on solid evidence and facts.

Neither the prosecution, the prosecution nor the defense had any objections.

In the face of no objections from all sides ....

Li Yongchun continued: "In response to the defendant's question, can the victim or the prosecution explain the reasons for it? ”

Zhou Ran didn't speak....

At this time, the prosecution's legal aid lawyer, Chen Le, raised his hand to signal an answer.

"Now I ask the complainant's lawyer or the victim to answer these two questions."

"Okay."

Chen Le spoke: "Presiding Judge, these two questions are actually very easy to answer. ”

"The first reason why Dong Zhu, as a mother-in-law, has to bring a voice recorder to question her son-in-law."

"First of all, Zhang Tongwei and Xiao Lili have not yet received a marriage certificate, and they are not legally married, and in the actual relationship, Zhang Tongwei is not Dong Zhu's son-in-law."

"Also...."

"Why carry a voice recorder .... This can only show that Dong Zhu has a sense of law, his daughter has suffered a huge grievance, and it is very reasonable for him to seek justice for his daughter. ”

"Xiao Lili is Dong Zhu's family, but Zhang Tongwei is not Dong Zhu's family, he has a certain sense of law, and he came to ask what kind of grievances his daughter has suffered, isn't it very reasonable?"

"As for the second point, it is easy to answer, although the two have had a relationship many times before, but the two are not married, in this case, Xiao Lili is unwilling, that is also a forced behavior."

"It can't be said that Xiao Lili was willing before, and now she is unwilling, it is not a forced behavior."

"Women's rights need to be guaranteed, even if they are married, the use of violence is considered coercion!"

"So, for the defendant's question, we think it's very naïve, and the defendant doesn't respect women's rights at all."

"I think it's a serious act of bias."

"Presiding Judge, I have finished answering the questions about the defense."

After Chen Le finished speaking, he looked coldly at Su Bai in the defendant's seat.

Su Bai looked at Chen Le and shook his head with a smile.

This aid lawyer, is it up?

Questions that should be answered by the victim are answered in person.

It is not a rational thing to answer this question in criminal proceedings.

If the victim later retracts his confession, or the defendant presents other substantive evidence.

This legal aid lawyer is suspected of perjury!

Facing Chen Le's opening, Su Bai said solemnly: "May I ask the victim to entrust a lawyer, can your words and deeds represent the victim?" ”

"Here I would like to remind you that in a criminal case like this, if the words and deeds of the lawyer are entrusted to represent the victim, then if the testimony is retracted, the entrusted lawyer needs to bear the corresponding legal responsibility."

Su Bai's reminder was very serious.

Because in court trials, especially sexual assault cases, the woman's confession can easily be changed for some reason.

Criminal cases are generally not full representation, while civil cases are full representation.

Because once a criminal case is fully represented, then, if the client told a lie, you did not know, but acted as an agent, resulting in an erroneous judgment in the case.

A lawyer would definitely be sent in for alleged perjury.

This is also the reason why most lawyers are very careful when representing criminal cases and value evidence.

It's just that....

In the face of Su Bai's reminder, Chen Le was completely unaware of the danger of criminal representation.

From the bottom of my heart, I think that a good sister can't deceive a good sister, right?

PS: Ask for a monthly pass~

I saw a few marriage cases and thought it was outrageous.

The first is that the man and the woman don't know each other, and the relationship is about to be, the woman's accusation is strong, and the man's imprisonment is two years. A case in Shanxi.

There is also a presiding judge who sentenced the man to divorce and leave the house, and turned around and got along with the woman....

Ask for a monthly pass~

(End of chapter)