In cases of infringement in general.

Most of the cases used are confessions.

Therefore, in this case, Chen Le does not think that Zhang Tongwei is not criminally responsible.

Again.

Chen Le didn't think that Xiao Lili would cheat herself.

Therefore, in the face of Su Bai's reminder, Chen Le didn't take it to heart, and still spoke:

"Although I am a legal aid lawyer in this case, I can represent the client."

Su Bai smiled and did not speak.

In the presiding judge's seat, Li Yongchun glanced at Chen Le and wanted to speak.

But then he shook his head and said nothing.

Ring the gavel.

Li Yongchun began to summarize the plea of both sides.

In most cases of general assault, confessions are still made by the victim's confession and some supporting evidence.

But this case is relatively special.

After all, according to Su Bai's questioning.

How can a prospective mother-in-law take a voice recorder to ask her prospective son-in-law?

This is obviously not normal.

Having said that, although this situation is not normal, the court's judgment is based on the defense, evidence and facts.

If the defense cannot produce strong evidence and rebuttal arguments, then the case. Zhang Tongwei is still guilty.

Clear your mind.

Li Yongchun opened his mouth to ask the defendant's seat:

"The defendant, the accuser has explained the relevant issues, and now I ask you to make a statement."

"Okay."

Su Bai nodded and began to make a statement.

"Presiding judge, I would like to ask our client to describe the details of the case, as well as the specific circumstances when it happened, and whether it violated Xiao Lili's subjective wishes."

"Zhang Tongwei, the defendant of the defendant, open your mouth to describe it."

"Okay, Presiding Judge."

Zhang Tongwei took a deep breath and looked at Su Bai: "Where to start describing?" ”

"Start the description from when you were with Xiao Lili that night."

"Okay.."

"The situation that day was like this, I had a quarrel with Xiao Lili at that time, and not long after reconciliation."

"At that time, Xiao Lili proposed to go to my house, because my relationship with Xiao Lili had reached this state of engagement before."

"When I came to my house, I knew what was going to happen, and we usually knew it."

"Oh yes!"

"At that time, we were chatting one-on-one, and in the process, we also posted a few suggestive memes."

.

….

"After dinner in the evening, Xiao Lili urged me to take a bath and said something very ambiguous."

"What are these very ambiguous words, please be specific." Su Bai made a supplementary reminder.

"The general meaning is to urge me to take a shower, she goes to change clothes and then waits for me to look very ambiguous, with a very obvious hint."

"What kind of hint does this kind of suggestion refer to, such as body language or expression, will the other party misunderstand your hint?"

"There will be no misunderstanding, because the other party made a very tendentious gesture at that time, which is what we would have done before we had a relationship."

"Okay, please continue."

Zhang Tongwei continued to speak: "Then I went to take a shower, about ten minutes later, the two of us lay on the bed, at first fine, but I don't know why, she suddenly said no." ”

"Because we've had similar experiences before, it's kind of a mood, so I'll continue."

"She said again, I don't listen, and then half-pushed, half-pushed, half-pushed, half-pushed, half-pushed, half-pushed, half-pushed, half-

"Did you commit any acts of violence during this process?"

"Nope."

"I mean, it's not just physical violence, but verbal threats and mental cold violence, and so on, right?"

"Neither is this."

"You mean that in the process of your incident, Xiao Lili didn't make any other acts of resistance except verbal refusal, but in fact, right?"

"Yes, because we have done it before, she knows my character, but if there is a behavioral rejection, I will lose interest."

"Under the circumstances at that time, what kind of rejection was Xiao Lili's verbal refusal, can you elaborate on it specifically, is it a very serious attitude, or is it an attitude of other manifestations?"

"It wasn't a very serious attitude at the time....she just shook her head and said no, and in my opinion, there wasn't much of a rejection."

"So did she resist violently when she was talking?"

"Nope."

"Okay, thank you for your cooperation."

Su Bai smiled and nodded.

Then he looked at the presiding judge's seat: "Presiding judge, I would like to ask the prosecution to disclose the recording evidence of Dong Zhu's questioning of Zhang Tongwei at that time." ”

"The application has been approved."

"The prosecution presents the evidence."

"Okay."

Zhou Ran took out the evidence and used the loudspeaker to amplify the voice, and the voices of Zhang Tongwei and Dong Zhu came out of the voice recorder.

In the recording, Dong Zhu asked first.

"Tongwei, I heard Lili say that you had a little unpleasant relationship with her yesterday, what's wrong with you?"

Silence for a few seconds.

Zhang Tongwei's voice looked surprised.

"Lili told you that I had an unpleasant encounter with her?"

"No, I was fine with Lili yesterday, isn't she unhappy? Auntie, you tell me why Lili is angry, I must change it"

"Nothing else"

"It's just that I heard Lili say that you always force her to do things she doesn't want to do. Especially in the private lives of the two of you. ”

Zhang Tongwei was silent.

Dong Zhu was silent.

The voice recorder was broken, and after more than ten seconds, a sound slowly came out.

"I'm not talking about you, I shouldn't have interfered in this kind of thing, but after all, this will affect your life, you and Auntie have a good talk, do you usually force it."

Zhang Tongwei: "I didn't. ”

"Then yesterday you and Lili Lili told me that she didn't want to, you still want it, is there such a thing?"

"That's what she said."

Dong Zhu: "."

The content of the recording is roughly like this, and the rest is Dong Zhu's blame and Zhang Tongwei's apology.

Play over.

Su Bai continued to speak: "I would like to ask the accuser and the accusing party, do you have any other objections to the above content?" ”

"Or, does Zhang Tongwei have any fictional parts?"

Xiao Lili was silent.

Su Bai looked at Xiao Lili and asked, "Did Zhang Tongwei use threats or violence to force you at that time?" ”

Xiao Lili continued to be silent.

In the face of Xiao Lili's silence, Su Bai continued to look at Dong Zhu, the party in the accuser's seat.

"I want to ask the person concerned, Dong Zhu, in the recorder, why did you ask Zhang Tongwei if he was compulsive?"

Dong Zhu was silent.

"During the whole recording process, did you take the initiative to explain the existence of a voice recorder to our client, Zhang Tongwei?"

Dong Zhu continued to be silent.

Su Bai looked up at the bench seat on the trial table: "Presiding Judge"

"Presiding Judge, in accordance with the provisions of evidence in the Code of Criminal Procedure."

"Voice recorders may be accepted by the court as evidence, but if the privacy of the parties is involved, the court shall not admit them."

"In this recorder, our privacy has been involved, and we believe that this is illegal evidence, and ask the court to accept it."

"And in accordance with the provisions of the Criminal Code."

"In this case, Zhang Tongwei did not use violence and threats to have a relationship, that is, our application to withdraw the prosecution's charges against Zhang Tongwei."

.

….

"But did Zhang Tongwei go against Xiao Lili's wishes?"

At this time, Chen Le suddenly asked.

Su Bai:.

That's the question.

"A case of infringement is a confession, but it is not the same as looking at the confession, but looking at the behavior."

"We don't think there is any act against Xiao Lili's wishes."

Chen Le: "??? ”

Didn't go against it?

"I don't agree with the defendant's point of view, when Xiao Lili said no, Zhang Tongwei should immediately stop the criminal infringement and continue to do so, then it is a criminal act."

Xiao Lili opened her mouth and said no, then, her subjective will is not allowed, Zhang Tongwei also knew such a situation at that time, but he still continued, which shows that he was forced.

Su Bai: "??? ”

What point of view?

"I don't understand the prosecution's point of view."

"In the relationship between Zhang Tongwei and Xiao Lili and the behavior of the two people, there is no huge conflict that breaks out, how can it constitute coercion?"

"According to the behavior of the accused party, it roughly means, saying I don't want to, and then going against the woman's will? Don't look at the way of behavior, just rely on a subjective sentence I don't want to? ”

"Between boyfriends and girlfriends or fiancés, if you say I don't want to, and record it as evidence, you can send people in?"

"I don't agree with the prosecution's point of view."

"And we believe that confessions do not represent true subjective thoughts."

Chen Le retorted: "A confession does not represent a true subjective idea, so what can it represent? ”

"If you say don't want it, don't want it, Zhang Tongwei has already heard Xiao Lili's words, why does Zhang Tongwei continue to force it?"

"Besides, if Xiao Lili is willing, then why should she accuse Zhang Tongwei?"

"The two are already unmarried, Xiao Lili is not unwilling, and she will not sue Zhang Tongwei in court at all."

This also explains Xiao Lili's subjective wishes from the side.

"Will Xiao Lili still use her innocence to accuse Zhang Tongwei?"

Su Bai: ???

When Chen Le asked this question, Su Baileng paused.

This....

It's too easy for a lawyer to use subjectivity to make a defense, right?

The trial looks at subjective and objective conditions as well as subjective and objective facts.

It's not that the innocence you think can be used as evidence in court.

On the court court.

Not only Su Bai, but also the prosecutor's seat and the collegial panel seat on the trial platform, all frowned slightly in the face of Chen Le's words.

Everyone speaks on a legal basis.

This question....

There is no legal basis for this.

Su Bai didn't need to answer at all.

PS: Ask for a monthly pass~

(End of chapter)