Chapter 17: Are You Teaching Me to Do Things? (Please follow up)
Mapi County Interrogation Room.
Wen Xiaomin is interrogating, and Ou Xiaochuan is taking notes.
This criminal suspect, Li Dagui, was a little out of control after Wen Xiaomin said that he had committed a strong crime, and began to struggle a few times, and then began to curse to himself, and even attacked and insulted Wen Xiaomin.
The words he said were really super ugly, and Ou Xiaochuan felt disgusting for a man.
"A woman is that virtue."
"If it's cool, turn your face."
"You're an old virgin, and you'll be killed in the future..."
“.....”
Really, this kind of person is very impolite, if Ou Xiaochuan were Wen Xiaomin, he might really jump up and punch him, but he is just a clerk, and he still concentrates on taking notes, and this guy scolds people word for word.
Wen Xiaomin was also very angry at the moment, his face was like frost, and the whole person was already in a state of volcanic eruption.
She hadn't met such a scumbag yet.
"Smack!"
Wen Xiaomin slapped the table.
The people who were writing the transcript were taken aback.
She stared at this Li Dagui with a ruthless word: "Li Dagui, I warn you, be honest with me, now there are obvious bruises on the girl's body, and there is also bleeding in the lower body, and there is also your convulsion fluid in the body, which can prove that you are forcibly having a relationship with the woman against her will, and now the facts of your crime are very clear, even if you quibble, it is useless, it will not affect your conviction, I will just confirm the process of the matter, and look at your own attitude, if you have this attitude, Then I would recommend an increased penalty. ”
Li Dagui was a little crazy, with a proud face: "Bruise marks, that's everyone's interest, SM doesn't understand the old virgin, what bleeding, that's because I'm too awesome...."
I hazed and pretended to be a force for him.
Wen Xiaomin was unmoved, and replied fiercely: "When the suspect calls the police, it does not affect the judgment of the matter, what you have done has constituted a crime, you still have not recognized your mistakes, and you will not repent, you will wait to go to prison." ”
When Ou Xiaochuan heard this, the transcript paused, and he didn't dare to scribble, because Wen Xiaomin's words were actually a little too much, violating the principle that a prosecutor is not a criminal to a criminal suspect.
Wen Xiaomin had apparently interrogated him as a criminal.
The suspect's argument was not heard at all.
In fact, as a prosecutor, no matter how bad the attitude of the suspect is, or how clear the facts of the case are, until the suspect is not sentenced, he is just a suspect, and you cannot characterize him.
You have to look at a case with a sense of fairness and fairness.
If the other party has a lawyer, it may really be bitten back.
In the interrogation that followed, the two also had a fight.
Can't communicate at all.
It's a waste of time........
Coming out of the detention center.
The two drove back.
There was silence in the car.
Wen Xiaomin seemed to be angry with the suspect, biting her lower lip, her eyes were sharp, her chest shook violently, and she flew up while driving, as if she could vent her anger in this way, but the police car didn't matter, and there was no talk of speeding.
Ou Xiaochuan didn't speak, first, he didn't dare to provoke her.
The second is thinking about this case.
Through the interrogation just now.
Ou Xiaochuan has a comprehensive understanding of the case, which is probably like this:
This Li Dagui (criminal suspect) met a female netizen Feng Xiaomei (victim) on the Internet, and the two chatted for more than two months, chatting very hotly, and the topic was also very explicit, all kinds of nude photos or something, and then one day they made an appointment to meet in a bubble tea shop.
The two chatted in the bubble tea shop for about two hours, so they went to open the room.
Afterwards......
When the police received the case, they immediately conducted a physical examination on Feng Xiaomei, so they immediately took the suspect Li Dagui back to the police station, and after interrogation and investigation, he handed it over to the procuratorate and entered the stage of reviewing and arresting.
When Ou Xiaochuan was a criminal defense lawyer in his previous life, he also took on similar cases, and he had a deep understanding of such cases, and he also felt that they were very complicated.
The law stipulates that the judgment of guilt depends on whether a woman is against her will, and there are several different views on this.
The first point of view is the theory of resistance, which mainly depends on whether women resist and how fierce the resistance is.
The second is coercion, which mainly depends on whether male behavior is violent, and violence is divided into behavioral violence and psychological oppression.
The third is the actor's purpose theory, which should be said to see whether the actor's purpose is to be strong, and the purpose is to go towards the strong tip, even if the woman does not resist, it will be regarded as a strong tip.
The fourth type is disagreement, that is, if the woman explicitly disagrees, it is considered a strong tip, and if the woman agrees, or if it is lying flat as a dead fish, it cannot be recognized as a strong tip.
From an objective point of view, in this case, based on the evidence in the hands of the police and the confessions of witnesses, there is not enough evidence to prove Li Dagui's strong crimes, and if Ou Xiaochuan is given to be Li Dagui's defense lawyer, he will have 90 percent confidence in winning this lawsuit and acquitting him.
Back in the office.
Ou Xiaochuan handed the transcript to Wen Xiaomin, Wen Xiaomin took it and looked at it, at first his face was expressionless, but he soon found that Ou Xiaochuan said that her old virgin words were written in, and he was so angry that his chest rose and fell, and he glared at Ou Xiaochuan coldly: "The transcript is very well written, don't write it in the future." ”
Then he said to his assistant: "Xiaoru, this is the transcript of the interrogation, you take it and refine it, and delete the useless things for me." ”
"Okay." He Chunru looked confused, she didn't know what was going on, could she still delete things from the transcript?
She didn't dare to ask more, so she quickly took it.
Ou Xiaochuan looked embarrassed.
After He Chunru saw it, she snickered.
Wen Xiaomin immediately looked back, and she immediately stopped.
It's scary.
After coming back, everyone entered the rhythm of sorting out various documents.
Ou Xiaochuan secretly found the file and looked at it.
Wen Xiaomin was called by the leader again, and she didn't know what case to discuss, anyway, after coming back, her face was even worse.
I also take the mouse and constantly exhale it.
After a while, He Chunru typed out the review report of the Qiangjian case and showed it to Wen Xiaomin: "Wen Jian, this is the review report, all the testimony evidence is listed, and the final result is to approve the arrest or release the person?" ”
Wen Xiaomin didn't raise his head, and said coldly: "What do you think?" ”
He Chunru didn't dare to talk nonsense, she didn't have a score in this case, so she said: "This, I don't know." ”
Wen Xiaomin's expression was cold, and finally replied in a muffled voice: "Arrest." ”
"Okay, then I'll write the arrest paperwork."
He Chunru didn't bother, she went back immediately, anyway, she did whatever the prosecutor asked her to do, this is already inertia.
"Wait a minute!"
Ou Xiaochuan couldn't sit still.
Wen Xiaomin and He Chunru both turned their heads to look at Ou Xiaochuan with suspicious expressions.
"I don't think I can catch it." Ou Xiaochuan spoke directly.
He Chunru's face was surprised, and she glanced at the temperature check again.
Wen Xiaomin's brows furrowed, his phoenix eyes narrowed, and he glared at Ou Xiaochuan: "Are you a prosecutor or am I a prosecutor?" ”
Ou Xiaochuan was not afraid of her: "Of course you are the prosecutor, but the prosecutor can't mess around." ”
"You're teaching me to do things?"
Wen Xiaomin's eyes are red, it's really hot, everything is not going well today, even you are a newcomer and want to give me some pointers?
Ou Xiaochuan did not flinch, arguing with reason: "I didn't teach you to do things, I just spoke for the truth, I just felt that the evidence in this case was not enough to approve the arrest." ”
Ou Xiaochuan's rebuttal made a bit of tension.
The whole department heard it and looked at it.
Tang Qiuyu was also in the office, and he had already stood up, his face worried.
Why are you still arguing with your own prosecutor?
Wen Xiaomin didn't have anyone else in his eyes, so he stared at Ou Xiaochuan, and then squeezed out two words.
"Reason."
Suddenly, the entire department was silent, waiting for Ou Xiaochuan to say something.
Ou Xiaochuan took a deep breath and said lightly: "First of all, the crime of rape refers to the crime of forcing the victim to have sex against the victim's will, using violence, threats, injuries or other means.
In this case, both the suspect and the victim entered the hotel voluntarily, and as adults, everyone knows what this act means, which means that she agreed to have sex with the suspect, and she also foresaw the consequences. ”
Wen Xiaomin sneered: "This is meaningless, whether it is a conviction or not, it has nothing to do with it, even if she is willing at first, but she is unwilling halfway, it also constitutes a strong crime, and you can't learn criminal law well." ”
Ou Xiaochuan ignored her ridicule and continued: "I know this, but in this case, the victim Feng Xiaomei didn't say that she was absolutely unwilling, so she really struggled to resist, it wouldn't be just two slight bruises on her arm, which was the same as the criminal suspect's confession, she didn't struggle with all her strength, so he decided that she just wanted to refuse and welcome, which is consistent, of course, we also saw that the victim did not call the police at the first time, but asked the suspect for compensation at the first time, but felt that the reward was too little." , she chose to call the police, which can confirm her own will, that is, to have a relationship, and then she can get a sum of money, which cannot constitute a strong crime at all. ”
Ou Xiaochuan's rebuttal made Wen Xiaomin's face change for a moment.
The entire Investigation and Supervision Division.
Silent!!
Is this a newcomer!
Everyone has a big question mark.