Lawyer's character

After a ten-minute adjournment, the presiding judge pronounced the verdict in court.

"This case has been reviewed by the collegial panel and a judgment has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

...The defendant Lu Ye knew that the victim was a young girl but still had sex with her. His behavior constituted the crime of rape. The charges charged by the public prosecution were found guilty.

However, the public prosecutor's office accused Lu Ye of knowingly knowing that the victim was a young girl when he had sex with the victim for the first, second, and third times. There was insufficient evidence, and the facts of this part of the accusation were not recognized. Lu Ye voluntarily pleads guilty in court and may be given a lighter punishment as appropriate.

In accordance with the provisions of paragraphs 1 and 2 of Article 236 of the Criminal Law, the verdict is as follows: The defendant Lu Ye committed the crime of rape and was sentenced to three years in prison. "

The sentence imposed by the court was the minimum sentence originally estimated by Du Yong in accordance with Article 236 of the Criminal Law. The defendant Lu Ye had no legal reason to reduce the punishment. Three years in prison was already the best result.

After the verdict, Lu Ye, who was in the defendant's seat, wiped his tears with both hands and was sobbing as he was carried out of the court by the bailiffs. Although the verdict of this case was in line with Du Yong's expectations, just like the previous Song Rongming provocation case, Du Yong had no sense of pride in his heart, only endless sadness and regret.

"Lawyer Du, how is my son's case?" As soon as Du Yong walked out of the court gate, Lu Shouqing and his wife, who had been waiting outside the court gate for a long time, walked over quickly. Han Yuhong was so confused that she didn't pay attention to her steps and almost got bumped by a lump. She tripped over the floor tiles and quickly helped Lu Shouqing, who was in trouble.

"The court has sentenced it to three years! The verdict will be issued in a few days." Du Yong looked serious.

Lu Shouqing and Han Yuhong were stunned. Although they were prepared and Du Yong had told them before that they might be sentenced, the couple still felt a little dizzy.

"Mr. Lu, Ms. Han, please go back first. The court sentenced Lu Ye to three years in prison. This will be offset by the several months he was previously detained. The actual time served is less than three years.

If Lu Ye performs well, his sentence will be commuted and released early. "After Du Yong finished speaking, Lu Shouqing was startled.

"Well, thank you, thank you, Lawyer Du." Lu Shouqing's eyes lit up.

Du Yong didn't understand why he was like this. But then he thought about it again, and suddenly realized that the words "reduced sentence" must have had an effect on him.

After the verdict of the first instance was announced, Lu Ye did not appeal, but the procuratorate filed a protest. It believed that the evidence accusing the defendant Lu Ye of raping the young girl four times was solid and sufficient. However, the original verdict only recognized rape once, which was an error in the finding of facts, and requested the second instance to change the verdict. .

The Lu family once again entrusted Du Yong to defend Lu Ye in the second trial of the rape case.

The Municipal Intermediate People's Court held in a closed trial that neither the prosecution nor the defense presented any new evidence in the second trial. The prosecutor's office protested that the defendant Lu Ye in the first trial had sex with the victim four times when he knew the victim was under 14 years old. There was insufficient evidence. Therefore it is not adopted.

The original judgment was based on the facts and circumstances of this case, the law was correctly applied, and the conviction and sentencing were not inappropriate. The prosecution's grounds for protest cannot be established. Accordingly, the Municipal Intermediate Court ruled to reject the protest and uphold the original judgment.

Of course this is all months later.

…

On this morning, Meng Guangda finished his work and was chatting with Yu Wendong about the case when a young male lawyer with thick eyebrows and big eyes walked over.

"Lawyer Meng, is it convenient for you?" The male lawyer with thick eyebrows and big eyes looked at Meng Guangda with a smile.

"Conveniently, what do you want?" Meng Guangda said with a smile.

The male lawyer with thick eyebrows and big eyes in front of me is one of the six criminal lawyers who followed Li Mingbo. His name is Geng Zhen. He has been practicing for two years. It is said that he used to study computers. After graduation, he changed his profession and became a lawyer. Who do you usually see? We say hello to everyone, and we are popular among the team. It's just that Meng Guangda had less communication with him before, and the two parties were not that familiar with each other.

"That's right. Lawyer Xie assigned me a case of intentional homicide the day before yesterday. I'm not sure about some issues and I'd like to ask you for advice." Geng Zhen said.

Several senior lawyers who came here today were either out for court or meeting, and were not in the office. When he encountered a problem, he didn't know who to look for. He looked around and happened to see Meng Guangda, so he came over with the case file.

"It's not about asking for advice, let's discuss it together. Boss Fang has gone to court, let's go to his office to chat." Meng Guangda said, got up and walked to Fang Yi's office with Geng Zhen.

Yu Wendong was curious and didn't know what case Geng Zhen wanted to discuss, so he followed him to the office.

The three of them sat at the tea table, and Yu Wendong skillfully made tea for them. Because of Fang Yi, most of the lawyers in his team like to drink tea. After all, someone provides tea for free, and drinking tea can relieve visual fatigue and is good for the body, so why not drink it.

"Lawyer Meng, this is the case file. There are two defendants in this case. Lawyer Li Mingbo and I are responsible for one defendant each.

Yesterday I went to guard the defendant I met, but Lawyer Li and I had some different views on the case, so I would like to ask you for advice. Let me first introduce the case to you and Lawyer Yuwen..." With that, Geng Zhen introduced the case.

Meng Guangda looked through the case files and listened to him talk about the case. Yu Wendong stood up habitually, picked up a pen, stood in front of the whiteboard, and silently recorded the key information of the case.

The defendants in the intentional homicide case handled by Geng Zhen and Li Mingbo were a young couple. The man's name is Chi Yunfa and the woman's name is Qi Renxia. They are both locals and live in a village in a remote mountainous area.

In the second year after their marriage, the young couple came to the county and set up a breakfast stall. They worked from dawn to dusk every day, but could not make much money except paying rent and various taxes and fees.

At the end of September last year, the defendant Qi Renxia gave birth to a baby girl in the county hospital. People in the village tended to favor sons over daughters. When Chi Yunfa saw his daughter, he pulled a long face and looked dissatisfied.

After examining the child, the doctor told the couple an unacceptable news. Their daughter was diagnosed as a syphilis carrier and would be disabled after cure.

After hearing the doctor's words, the two of them felt as if a basin of cold water had poured over their heads on a cold day. The couple saw shock, helplessness and pain in each other's eyes.

The night she learned the news, Qi Renxia cried all night, and Chi Yunfa ran outside the ward and squatted next to the flower bed and smoked cigarettes all night.

Early the next morning, when Chi Yunfa, whose eyes were red and smelled of cigarette smoke, told his wife Qi Renxia in a low voice that she could not keep the child, Qi Renxia did not make a fuss or cry anymore, but looked at her two-day-old daughter with reluctance, feeling in her heart The pain cannot be expressed in words.