Chapter 316: Trial: What Happened to the Expatriates? This is in the country!

As long as a case is filed, the progress of the case will be very fast.

Plus.

When Su Bai submitted the application to file the case, he had already submitted relevant clues to the law enforcement officers.

Through this, the progress of the case can be accelerated.

The coercion attempt of a foreign student is accompanied by a personal testimony, including physical evidence.

It was soon handed over to the Public Prosecutor's Office, and the verification was completed.

It's just about the school's cover-up ....

In fact, Zhang Tao was involved.

One of the conditions for determining the crime of abetment, and the most important criterion, is that the object of the infringement is the normal criminal procedural activities of the judicial organs.

In this regard.

The school's female student repeatedly reported to the police that the foreign male student had committed indecent acts and attempted coercion.

But they were all suppressed by the school for various reasons and various threats.

This is already an infringement on the normal criminal proceedings of the judicial organs.

The facts are true.

This is an inescapable question.

In addition, in this case, there is a major cover-up problem in the management of the school, which is a fact that cannot be escaped.

The other side.

After Su Bai submitted the case to the law enforcement unit.

Law enforcement officers came to the vice president's office and took Zhang Tao away for investigation.

After Zhang Tao understood the facts, he couldn't help but be stunned.

Am I guilty of cover-up?

After Jiang Min learned about this, he also looked a little helpless.

Anyway.

Previously, this case only involved foreign students.

Now through Su Bai's operation, the vice president was directly taken away for investigation?

Sure enough, no matter what the case, after their law firm meets Su Bai, things will become complicated.

But in the context of the case as a whole.

The abettor is first of all the person who has violated the law and met the conditions for criminal proceedings.

Is it a cover-up ....

It also depends on whether the foreign student is found guilty.

Judging from the current situation, Zhang Tao was only placed on file for investigation.

It has not been referred to the prosecution for prosecution and the issues involved are not serious.

But....

The prosecution has completed the verification of the foreign student's assault on the female student of the branch of the Industrial and Commercial School, and has appealed to the court.

After learning the facts, the court confirmed the time of the hearing.

During this period.

News spread inside the school that the foreign student and the vice dean had been taken away.

Generally speaking, what goes on in college spreads the fastest?

The fastest thing that spreads is all kinds of gossip and all kinds of speculation.

Each dormitory of the university has a "jack of all trades" who participates in various clubs.

There must have been people who knew about the foreign students being taken away for investigation and the vice dean being taken away for investigation.

The gossip spread in the branch after only an hour or two.

Although the leadership of the college asked the counselors of each class to stop discussing this matter in the students.

But with so many people, how can it be possible to control others from discussing?

There are even some friends of the victim students who posted this matter on various platforms.

This topic is already hot, after all, in their own schools, their own territory, foreign students should abide by domestic laws.

Now it's not a question of compliance or non-compliance....

It is a violation of the law directly, and the school is still covering up now.

This matter was posted on the Internet, which directly detonated the major platforms, and the result was that the school was scolded on the hot search....

The impact is huge.

.

….

In addition, the case of attempted coercion of foreign students has also reached the official time for trial.

However, because of the involvement of foreign students, it also involves the privacy of girls who have been violated in the school.

The case was not heard in public.

Of course, Su Bai can understand that this case is not a public trial.

After all....

The latter is the privacy issue.

If the privacy of the violated girl is posted on the Internet, she may be subjected to a lot of abuse.

The court also took this into account and decided not to hear the hearing in public.

.

….

Soon it was the eve of the trial.

This time, because the case involved foreign students, it was transferred to the Nandu Intermediate People's Court for trial.

On the day of the trial.

Many reporters and media learned about the trial date and the relevant circumstances involved.

Because this trial is a closed trial, reporters and media do not want to miss such a hot spot of public opinion.

So he was blocked directly outside the courthouse.

After seeing Su Bai come to the door of the court.

I don't know who shouted: "Lawyer Su is here!" ”

A group of people hurriedly surrounded it with a camera, and almost poked the microphone into Su Bai's mouth.

"May I ask Lawyer Su, as a well-known criminal lawyer in China, you have undertaken this case, do you have any views on this case?"

"There are some domestic remarks about this matter that say that the school's approach is equivalent to bending one's backbone."

"Lawyer Su, the majority of netizens, I want to hear your understanding of this sentence, can you answer it?"

“.….”

Facing the reporters' repeated questions, Su Bai walked to the door of the court, turned his head and replied:

"The law will give the offender the punishment he deserves, no matter who he is."

"That's my attitude and opinion on this case."

"I don't know how the court will adjudicate it."

"But I will do my best to fight this lawsuit well, so that the legal rights and interests of the victims are protected."

Some of the reporters' inquiries are certainly not very evaluated.

However, the attitude that should be shown needs to be made clear.

After speaking, Su Bai took Li Xuezhen to squeeze through the crowd and came to the court waiting room.

It didn't take long for a staff member to bring Su Bai to the trial site.

Other parties also entered the trial.

Especially the defense.

The defendant was dark-skinned and, judging by the color of his skin, was clearly from the western part of the Eastern Hemisphere.

The entrusted defender is Jiang Min.

After the clerk has read out the discipline and various matters of the court, the members of the collegial panel enter the room.

On the bench, as the presiding judge of this trial, Yu Yue sat on the bench.

Ring the hammer to announce the official opening of the court, and then continue to speak:

"This trial is conducted by the prosecutor against the defendant **, hereinafter referred to as Mascu."

"In the branch of Nandu Technology and Business University, the victim was prosecuted for coercive acts."

"Next, I would like to ask the prosecutor to briefly state the criminal offense of the defendant Mascu."

"Okay presiding judge."

Prosecutor Wang Xiong, as a prosecutor, followed up on the case step by step.

In his opinion, the facts of the crime are clear, and it basically belongs to the scene of an attempted coercion.

So in terms of the statement of the crime, the statement is very clear.

"For the crime of the defendant Mascu, the prosecution believes that the situational conditions for an attempted relationship to force another person to have sex have been met."

"In this case, the victim, Lin Wenhui, was assaulted by Mascu on the path back to her dormitory from the school library."

"According to the prosecution's investigation and Lin Wenhui's confession, Mascu took the initiative to greet her when she was drunk at the time."

"Stumbling in Chinese, ask if you can make friends with Lin Wenhui."

Lin Wenhui took the initiative to refuse this request to make friends.

"Mascu was annoyed and angry, took the initiative to pull Lin Wenhui, and in the process, he tore off Lin Wenhui's shirt, including the obvious tear on the bottom."

"In the midst of the crime, Lin Wenhui found the opportunity to kick Mascu's lower body."

"Only then did they get rid of Mascu's continued aggression."

"According to the relevant laws and regulations of our country, the definition of attempted coercion is-

The commission of a crime has been initiated, but it has not really resulted in a criminal act because of the influence of the human will. ”

"In the process of this case, Masku's criminal intent was very obvious, that is, he wanted to force Lin Wenhui to have a relationship."

"But it didn't work out."

"The criteria for what constitutes an attempt to compel have been met."

"Based on the above, the prosecution believes that Mascu has reached the criminal act of attempted coercion."

"According to the relevant provisions of China's prison sentences, forcing others to have a relationship shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years."

"In the state of attempt, the sentence should be mitigated, so the prosecutor's recommended sentence is - three years in prison."

The prosecution and the court have certain guidelines for coercing others to have sex and sentencing sentences.

For example - if it is a forced relationship that occurs when an acquaintance is drunk.

In less serious cases, only a fixed-term imprisonment of up to three years or a suspended sentence may be imposed.

In the case of coercion against strangers, the sentence is 4 to 5 years,

If there is other violence or other damage caused to the victim.

There is a high probability that they will be sentenced to 6 to 7 years, or even more than 8 years in prison.

The sentence is quantified according to the seriousness of the circumstances.

Mascu assaulted Lin Wenhui by forceful injury.

In this case, the attempt may be able to reduce the sentence by a certain amount.

But....

His situation was special, the circumstances were relatively serious, and the sentence was already long.

Even if it is commuted, the recommendation of three years in prison is within a reasonable range.

After the prosecutor finished his statement, the presiding judge, Yu Yue, looked at the defendant's seat again.

"Now ask the defendant to appoint a lawyer to state your point of view."

In the defendant's client's seat, Jiang Min sorted out the relevant materials, and then opened his mouth to exonerate the defendant.

"Presiding Judge, we do not agree and do not believe that we are coercive attempts."

"We have certain objections to the charges that were filed at the beginning."

"We don't agree with the idea of attempted coercion."

"Then please ask the defense to entrust a lawyer to state your point of view."

The presiding judge frowned slightly, and opened his mouth to let Jiang Min continue to speak.

Jiang Min continued: "We believe that in this case, our actions only constitute relevant indecent acts. ”

"We should be dealt with and detained for 10 to 15 working days in accordance with the Law on Administrative Order."

Presiding Judge: "What about the specifics?" ”

"The specific situation is that our client did not force the victim Lin Wenhui to have a relationship."

"From the perspective of the whole process of the case, our client only committed the indecent act after greeting Lin Wenhui."

"If it's a forced relationship, then why should our client greet Lin Hui?"

"And I asked about the subjective wishes of our parties."

"The subjective will of our client is that he wants to make a friend with Lin Wenhui."

"After being rejected by Lin Wenhui, there was a certain amount of harassment, and in the case of drunkenness, our client did not know how hard he attacked."

"In this unclear consciousness, there is no subjective compulsion."

"Only related indecent acts were carried out."

"In this case, in accordance with the Law on Administrative Order."

"Rather than being defined in terms of attempted coercion."

Faced with this situation, Su Bai raised his hand and asked, after obtaining the consent of the presiding judge:

"So I would like to ask the defense lawyer what is the definition of indecency?"

"You say that the person did not have the subjective will to carry out the coercive act."

"But why did he strip the victim's clothes, which far exceeds the legal definition of indecency?"

"And if it weren't for the strong discouragement of the victims, this behavior would continue."

Facing Su Bai's inquiry, Jiang Wei glanced at the litigation materials and sorted out his thoughts:

"Because my client is drunk, and partly because he is an international student."

"Maybe it's not too clear about some of the etiquette aspects in China."

"So there was this behavior."

Su Bai: ???

This is not too clear in terms of domestic etiquette .... Can you talk about the past?

Definitely not!

What's more, in this trial, Jiang Min knew very well that Mascu had violated the law and committed crimes.

It is impossible to meet the condition of innocence.

Therefore, it is necessary to defend Mascu's sentence from other angles.

Jiang Min's idea is that there is no factual coercion anyway.

Then this case can be judged from other angles.

But....

Lewd?

How is it possible that this case is only convicted of indecency?

Indecency refers to the harassment of a woman to a mild degree.

But what about now?

Now that even the clothes are torn and the crime is almost committed, can it still be called indecency?

Definitely not!

What about international students? Foreign students and international students have violated the law and committed crimes in China, so how to judge is also how to judge!.

….

PS: Ask for a monthly pass~

(End of chapter)