As a Lawyer, You Sent the Judge In?

Chapter 317 Court hearing: What happened to the foreigners? This is at home!

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

Plus.

Su Bai had already submitted relevant clues to law enforcement officials when he submitted the case filing application.

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

 Attempted coercion of foreign students, witness statements, including their physical evidence are all available.

 The case was quickly transferred to the Procuratorate and the verification was completed.

 It’s just about the school’s cover.…

  In fact, it involves Zhang Tao.

One of the conditions for the determination of the crime of harboring, and also the most important criterion condition—the object of infringement is the normal criminal prosecution activities of judicial organs.

on this side.

Female students at the school called the police many times. This foreign male student committed indecent and attempted coercion.

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

This has infringed upon the normal criminal proceedings of the judicial organs.

 The facts are established.

 This is an unavoidable problem.

 Furthermore, in this case, there is an unavoidable fact that there is a major cover-up problem in the management of the school.

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.

 Zhang Tao couldn't help but be stunned after learning the facts.

 Am I being harbored?

Jiang Min seemed a little helpless after learning about this incident.

  No matter what.

 This case previously only involved matters involving foreign students.

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

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

 But from the overall perspective of this case.

  To harbor a criminal, first of all, the person being harbored has violated the law and met the conditions for criminal prosecution.

 Is it a shield?…

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

Judging from the current situation, Zhang Tao has only been put on file for investigation.

 It has not been handed over to the prosecutor for prosecution, and the issues involved are not serious.

but.…

The incident of foreign students assaulting female students of the Business School branch has been verified by the prosecutor and has been appealed to the court.

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

During this period.

 The news about the foreign student and the vice-dean being taken away spread inside the school.

 Generally speaking, what things spread the fastest in universities?

 The things that spread the fastest are all kinds of gossip and speculation.

Each dormitory in the university has a "know-it-all" who participates in various societies.

　　Someone must know about the investigation of the foreign students being taken away and the deputy dean being taken away for investigation.

 The gossip spread in the branch hospital in just one or two hours.

Although the school leaders asked the counselors of each class to stop discussing the matter among the students.

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

 Even some friends of the victim students posted this incident on various platforms.

This topic is inherently hot. After all, in your own school and your own territory, foreign students should abide by domestic laws when they come.

 Now it is not a matter of compliance or not.…

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

 This incident was posted on the Internet and directly detonated major platforms. As a result, the school was scolded and became a hot search topic...

 Huge influence.

.

 ….

 In addition, the case regarding the attempted coercion of foreign students has also come to court.

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

This case is not a public trial.

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

after all.…

 The privacy issue of the latter is the key.

If the violated girl's privacy is posted online, she may receive a lot of abuse.

The court also took this factor into consideration and decided not to open the trial.

.

 ….

 Soon it was the eve of the trial.

Since this case involved foreign students, it was transferred to Nandu Intermediate Court for trial.

 The day of the court session.

 Many reporters and media learned about the court opening day and related circumstances.

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

 So they blocked the court directly.

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

I don’t know who shouted: “Lawyer Su is here!”

A group of people carrying cameras hurriedly surrounded him, almost poking the microphone into Su Bai's mouth.

“Excuse me, Lawyer Su, as a well-known criminal lawyer in China, you have taken on this case. What do you think of this case?”

“Regarding this matter, some opinions in China say this - the school’s behavior is equivalent to bending its own spine.”

“Lawyer Su, all netizens want to hear your understanding of this sentence. Can you please answer it?”

　　　….”

Facing repeated questions from reporters, Su Bai walked to the door of the court and turned around to reply:

 “The law will give the criminals due punishment, no matter who they are.”

 “This is my attitude and view on this case.”

“I don’t know how the court conducts the trial.”

“But I will try my best to fight this lawsuit well so that the victim’s legal rights and interests are protected.”

　Inquiries from journalists, some of them are definitely not very commenting.

However, the attitude that should be expressed still needs to be expressed.

 After saying that, Su Bai and Li Xuezhen pushed through the crowd and came to the waiting room of the court.

 It didn’t take long for staff to bring Su Bai to the court hearing.

 Other parties also entered the trial.

 Especially the defendant.

The defendant has dark skin. Judging from his skin color, he is obviously from the western part of the Eastern Hemisphere.

 The appointed defender is Jiang Min. After the clerk reads out the court discipline and various matters, the members of the collegial panel enter the court.

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

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

“In this trial, the prosecutor will prosecute the defendant, hereinafter referred to as Mascu.”

“In the branch of Nandu Technology and Business University, a public prosecution was launched against the victim for committing coercive behavior.”

“Now please let the prosecutor briefly state the criminal offense of the defendant Mascu.”

 “A good judge.”

 Public prosecutor Wang Xiong, as a prosecutor, gradually followed up on this case.

In his opinion, the criminal facts of this case are clear and it is basically a scene of attempted coercion.

 So in terms of stating the crime, it was stated very clearly.

“For the defendant Mascu’s crime, the prosecutor believed that the situational conditions for forcing others to have sexual relations were met.”

“In this case, the victim Lin Wenhui was assaulted by Masku 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.”

 “In Chinese, I mean Ke Tiao Tiao, asking if I can make friends with Lin Wenhui.”

 “Lin Wenhui took the initiative to reject the request to make friends.”

“Mascu became angry and took the initiative to pull Lin Wenhui, and in the process tore off Lin Wenhui’s top, including obvious tears in her lower clothes.”

“While the crime was taking place, Lin Wenhui found the right opportunity to kick Masku’s private parts.”

 “Only escaped Mascu’s continued invasion.”

“According to the relevant legal provisions of our country, the definition of attempted coercion is—

 The crime has been committed, but due to influence other than human will, the crime has not actually been caused. "

“During the course of this case, Mascu’s criminal intention was very obvious, which was to force Lin Wenhui to have a relationship.”

 “But the purpose was not achieved.”

“The criteria for what constitutes attempted coercion have been met.”

“Based on the above, the prosecution believes that Mascu has committed the crime of attempted coercion.”

“According to the relevant provisions of our country’s prison terms, forcing others to have **** shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years.”

“In an attempted situation, the sentence and punishment should be reduced, so the prosecutor’s recommended sentence is three years’ imprisonment.”

  Prosecutors and courts have certain standards for sentencing for forcing others to have sex.

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

 In cases where understanding is obtained and the circumstances are minor, the offender may only be sentenced to a fixed-term imprisonment of less than three years or a suspended sentence.

If it is a forced act against a stranger, the sentence will be 4 to 5 years.

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

It is very likely that you will be sentenced to 6 to 7 years, or even more than eight years in prison.

 The sentence is quantified based on the seriousness of the circumstances.

Mascu violated Lin Wenhui by forcible injury.

 In this case, the attempt can reduce the sentence to a certain extent.

But.…

His situation is special, the circumstances are relatively serious, and the sentence would have been long.

Even if it is reduced, the recommended three-year prison sentence is still within a reasonable range.

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

“Now please ask the defendant to entrust a lawyer to state your point of view.”

At the defendant's client's seat, Jiang Min sorted out the relevant materials and then spoke to exonerate the defendant.

“Presiding judge, we do not agree and do not believe that we have attempted coercion.”

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

“We do not agree with the view that attempted coercion was attempted.”

“Then please ask the defendant to entrust a lawyer to state your point of view.”

The presiding judge frowned slightly and asked Jiang Min to continue his statement.

Jiang Min continued: "We believe that in this case, our behavior only constitutes relevant obscene behavior."

“We should be dealt with in accordance with the Public Security Law and detained for 10 to 15 working days.”

 Presiding Judge: “What are the specific circumstances?”

“The specific situation is that our client did not force the victim Lin Wenhui to have sex.”

“From the perspective of the entire process of the case, our client only committed the obscene act after greeting Lin Wenhui.”

“If the relationship was forced, then why did our client say hello to Lin Hui?”

  “And I have asked our client about his subjective wishes.”

“Our client’s subjective intention is to make friends with Lin Wenhui.”

“After being rejected by Lin Wenhui, he carried out a certain amount of harassment, and while he was drunk, our client did not know how powerful he was.”

 “In this situation of unclear consciousness, there is no subjective compulsion.”

 “Only engaged in relevant obscene acts.”

 “In this case, the law governing the public order shall apply.”

“Rather than defining it in terms of the crime of attempted coercion.”

Facing this situation, Su Bai raised his hand and asked after getting the consent of the presiding judge:

“Then I would like to ask the lawyer appointed by the defendant how he defines obscenity?”

“You said that the person concerned did not have the subjective will to carry out the forced behavior.”

“But why did he take off the victim’s clothes? This level far exceeds the legal definition of obscenity, right?”

“And if the victim does not strongly stop it, this behavior will continue.”

Facing Su Bai’s inquiry, Jiang Wei took a look at the litigation materials and sorted out his thoughts:

“Because our client was drunk, and partly because he was an international student.”

  “Maybe I’m not too clear about some domestic etiquette aspects.”

 “So this behavior occurs.”

Su Bai:? ? ?

 I’m not very clear about this in terms of domestic etiquette...can I make it clear?

Definitely not!

Furthermore, during this court hearing, Jiang Min knew very well that Mascu had committed a crime.

 It is impossible to meet the conditions of innocence.

 Hence, it is necessary to defend Mascu’s commutation from other angles.

Jiang Min’s idea is that no factual coercion occurred anyway.

Then this case can be judged from other angles.

But.…

 Obscene?

How could this case only be judged as obscenity?

 Indecency refers to mild harassment of women.

 But what now?

Now that my clothes are torn and I almost committed a crime, can it still be called obscenity?

Definitely not!

 What about international students? If a foreign student commits a crime in the country, then he will be sentenced accordingly! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)