Lawyer's character

"Well, since you have no resources, you can only rely on professional skills to make money, at least for now. Do you admit it?" Fang Yi asked.

"Admit it." Zhou Ying nodded.

"Well, it's okay if you want to handle criminal cases with me, but I need a trainee lawyer with strong professional skills, and I don't need an aunt who can clean. Although the words are a bit unpleasant, good medicine tastes bitter!

In the future, focus more time on studying cases and don't waste time on chores like cleaning. "Fang Yi said with great sincerity.

He knew Zhou Ying's little thoughts, but he really didn't want the trainee lawyer to waste his time serving tea, pouring water and wiping the table, wasting time without talking and not learning anything.

Zhou Ying felt a little hot on her face and nodded without daring to look directly at Fang Yi. She knew that Fang Yi was doing this for her own good. Lawyers relied on their professionalism and resources to make a living, and there was no future in serving tea and water.

"This is Dou Tao's criminal case that you helped me sign last time. Take it and read it. Don't lose the case file. If your trainee lawyer certificate can be issued in the next few days, you can submit the formalities to the court and follow up. I'm going to court, if I can't make it there's nothing I can do." Fang Yi said with a smile.

"Okay. Thank you, Lawyer Fang." Zhou Ying took the case file and bowed to Fang Yi before going out, making Fang Yi dumbfounded.

Fang Yi was reading cases in the afternoon when his cell phone rang. It was Jiang Xue.

"Lawyer Fang, our Dou Tao wants to tell you about the situation. I wonder if you have time." Jiang Xue asked.

"If you have time, please tell me." Fang Yi said.

"Lawyer Fang, my name is Dou Tao. So, the village came to me again to negotiate with me about returning the contracted land. The village wanted to rent the orchard I contracted to a man named Zhao Feng from a neighboring village.

Yesterday, I went to the village committee and the three of us met. Zhao Feng is willing to pay 950,000 yuan to compensate for the loss of my fruit trees. In addition, I chopped down Zhang Dabao before, and Zhang Dabao's medical expenses and nutritional expenses will also be borne by him.

The agreement we signed this morning. Do you think this will be beneficial to my case? Should I take it to court? "Dou Tao asked.

"Well, your case started because of the orchard. Now that the orchard has been dealt with, I suggest you ask the village to give you a certificate proving the final treatment of the orchard.

After you get the certificate, leave one copy for me, and then submit one copy to the county court and the county prosecutor's office. "Fang Yi said.

"Okay, I'll go to the village committee to handle this matter right away. I'll hand it over in the next two days." Dou Tao said.

More than ten days later, Dou Tao's case came to court.

There were six or seven people in the auditorium, both men and women, and Jiang Xue sat among them. She glanced at Dou Tao in the defendant's dock from time to time, her eyes full of anxiety.

At the defense table, Zhou Ying next to Fang Yi felt very complicated. This was her first trial after getting her trainee lawyer certificate. She was very excited but also very nervous. Her heart was beating wildly. The atmosphere in the courtroom It made her feel depressed.

On the way to the court, Fang Yi told her to take notes during the court session and not to speak. Criminal cases are different from civil cases. Trainee lawyers have no right to speak in court. She kept nodding.

The gavel was knocked, and the expressions of the judge and prosecutor in the court made her feel the slightest chill. To be honest, Zhou Ying is a little timid now. Even if she is asked to speak, she doesn't know what to say. At this time, her mind is blank and she is extremely stressed.

This time, the county court formed a collegial panel. The presiding judge was a male judge in his forties wearing glasses. Two judges sat on the left and right, flipping through the case files from time to time, seemingly a little absent-minded.

The two prosecutors on the public prosecutor's bench are both women. The one sitting at the head is in his thirties, and the colleague next to her looks like he is in his twenties. Both of them are wearing light makeup and their hair is styled very fashionably. It is the Chinese New Year. The hairstyle that was popular at the time was probably done by the same hair salon.

At this time, the female prosecutor sitting in the first place was reading the indictment impassionedly: "...because the defendant Dou Tao occupied the village land to plant fruit trees, the village committee organized more than ten people including cadres, security guards and temporary employees Zhang Dabao to go to the orchard. After cutting down fruit trees to reclaim the land, Dou Tao drove away the security guards with a kitchen knife. In the process, two security guards were beaten and Zhang Dabao was injured by the kitchen knife in Dou Tao's hand.

This court believes that the defendant Dou Tao randomly beat others with a weapon, causing minor injuries to one person. The circumstances were egregious. His behavior violated the provisions of Article 293 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. , should be held criminally responsible for the crime of picking quarrels and provoking trouble. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law. complete! "

What? The crime of picking quarrels and provoking trouble! Hasn’t the case been sent back to the Intermediate People’s Court for retrial? Why is it a crime again? Jiang Xue was puzzled, and the panic in her eyes grew.

Dou Tao in the dock was also startled, his heartbeat increased, and he couldn't help but glance at Fang Yi, constantly thinking of Amitabha in his heart.

Fang Yi motioned him to steady himself with his eyes.

"Defendant Dou Tao, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal charges and facts charged in the indictment?" The presiding judge's tone was extremely cold.

Last time, the case decided by a colleague was sent back for retrial by the Intermediate People's Court, which resulted in him being criticized. The end-of-year evaluation is expected to be in doubt, and whether he can get the bonus is a question. He was also upset when the court assigned him a retrial case.

"I have objections. I think I am not committing a crime. I contracted the orchard and planted the fruit trees. I did not occupy the village's land. I was trying to protect my own property. What crime was committed? I did not commit the crime of picking quarrels and provoking trouble. "Dou Tao said with anger in his heart.

Haha, it makes sense, what are you calling? The presiding judge felt very unhappy.

The prosecutor was also unhappy: Dou Tao! Dou Tao! It would be great if you cooperated. I can get you a suspended sentence without going to jail. It saves you trouble and we also save trouble. It’s great to have the best of both worlds. If you have to appeal, you will have nothing to do.

"The public prosecutor can question the defendant Dou Tao about the criminal facts alleged in the indictment," the presiding judge said.

"Defendant Dou Tao, had the land contract expired when the case occurred?" the prosecutor asked.

"It's due, but..." Dou Tao was about to explain but was interrupted by the prosecutor: "Defendant, you answer whatever I ask you. You don't have to say anything you didn't ask. Do you understand?"

"Understood." Dou Tao said.

"How long had the land contract expired when the crime occurred?" the prosecutor asked.

"It has been more than two years." Dou Tao said.

"In the past two years, who has been using the land you contracted before?" the prosecutor asked.

"I, I have been using it." Dou Tao said.

"Since the land contract has expired, why don't you return the land to the village collective?" the inspector asked.

"I want to continue renting land..." Dou Tao said.

"Does the village committee agree? You continue to rent the land." The inspector asked without waiting for him to finish.

"We have not reached an agreement," Dou Tao said.

"Please answer clearly, does the village committee agree to your lease renewal?" the inspector asked.

"No. The village committee did not explicitly agree to my renewal of the lease." Dou Tao said.

"After the contract expired, did you pay the land contract fee?" the inspector asked.

"I went to hand it over, but the village confiscated it," Dou Tao said.

"Please answer clearly, did you hand it over or not?" the prosecutor asked.

"No," Dou Tao said after hesitation. He felt that was not what he meant, but the prosecutor gave him no chance to explain.

"The village committee is going to take back the land you contracted. Did you know before the incident?" the prosecutor continued to ask.

"I know, the village sent me a notice before." Dou Tao said.

"Did anyone get hurt when the village committee sent people to your orchard to reclaim the land?" the prosecutor asked.

"They came to cut down trees and controlled my wife..." Dou Tao was interrupted by the prosecutor midway through his words.

"Defendant, you only need to answer yes or no. If you haven't asked, you don't need to answer. I'll ask again, are there any injuries?" the prosecutor said.

"Existence. I slashed Zhang Dabao with a kitchen knife. I also kicked two security guards." Dou Tao was confused by the prosecutor's questions.

"Presiding Judge, the prosecutor has finished asking questions," the prosecutor said.

"Does the defendant's defender need to ask questions to defendant Dou Tao?" the presiding judge asked.

"I need to ask a question." Fang Yi said.

The prosecutor's question just now can easily make people mistakenly believe that everything is caused by Dou Tao. He seized the land and refused to return it. Fang Yi must clarify the facts and let the judge know the truth.

"Defendant Dou Tao, what did you do after the land contract expired?" Fang Yi asked.

“After the land contract expired, I approached the village to negotiate a lease renewal, but we couldn’t agree on the contract fee.

Later, I kept using the land I contracted before, and the village didn’t look for me. I went to the village to pay the land use fee, but the village confiscated it.

Later, the village committee sent me a notice asking me to clean up all the objects on the ground and return the land. I thought that everything on the ground belonged to me. So many fruit trees had been growing for more than ten years. They couldn't just cut them down. There had to be an explanation. "Dou Tao said.

"Defendant, what do you mean by 'there is an explanation'?" Fang Yi asked.

"Compensation, I think the village should compensate me.

The land I contracted was wasteland at first, but later I planted fruit trees to fertilize the land. Moreover, I hired people to level the road from the village to the land I contracted. In the past, people could only walk on it, but now they can walk on it. car. "Dou Tao said.

"The village notified you to return the land. Has it discussed compensation with you? Is there any agreement on the disposal of the land properties in the land contract?" Fang Yi asked.

"No, the village has never discussed compensation with me, and there is no agreement in the contract." Dou Tao said.

"The village committee sent people to take back the land. What happened then?" Fang Yi asked.

"At that time, more than ten people came to the village, holding axes, electric saws and other tools, saying they wanted to cut down fruit trees and clean up the ground.

My daughter-in-law Jiang Xue saw them cutting down fruit trees and ran over to stop them, but the security guard pulled her aside and made her squat on the ground and not allowed to get up.

I was anxious at that time. The village cut down trees without mentioning anything. I definitely wouldn’t do it, so I ran into the kitchen and picked up the kitchen knife on the chopping board, drove the security guard away, and saved my wife.

I originally wanted to scare them away and then go to the village to discuss compensation, but who knew that I hurt Zhang Dabao with a swing of the kitchen knife. "Dou Tao said.

"What happened after you hurt someone?" Fang Yi asked.

"Later, the village called the police and I was taken away by the police station and detained for 15 days. After I came out, I went to Zhang Dabao's house and apologized. I got Zhang Dabao's understanding. He gave me a letter of understanding." Dou Tao said.

Fang Yi asked Dou Tao to find Zhang Dabao to fill out the letter of understanding later. Zhang Dabao received nutrition and medical expenses from the subsequent lessee, so naturally he would not embarrass Dou Tao. The letter of understanding submitted by Dou Tao to the court is now lying in the presiding judge's case file.

"What is the state of that land now? Who is managing it?" Fang Yi asked.

"Not long ago, the village came to talk to me about the land again and agreed to give me a certain amount of compensation. Later we signed an agreement. Now the land has been contracted to others by the village, and the village has given me compensation for the land. I have submitted the agreement to The court and the procuratorate." Dou Tao said.

"Presiding Judge, I'm done asking." Fang Yi said.

"The following is the presentation of evidence and cross-examination. Do the prosecution and defense parties and the defendant have any new evidence that needs to be submitted?" the presiding judge asked.

"No." said the prosecutor.

"The defendant has new evidence to submit, a letter of understanding from Zhang Dabao, and an agreement on the return of land and compensation. I have submitted it to the court and the procuratorate not long ago." Dou Tao said.

This was what Fang Yi asked Dou Tao to mention. Just in case, Fang Yi asked Dou Tao to mention the two pieces of evidence previously submitted in court and record them on the record.

"The defender has no new evidence to submit." Fang Yi said.

"Now it's up to the prosecutor to present evidence," the presiding judge said.

"The first piece of evidence, a kitchen knife, proves that the defendant Dou Tao used the weapon to chop Zhang Dabao when the village committee sent people to recover the land," the prosecutor said.

"What objection does the defendant Dou Tao have to this evidence?" asked the presiding judge.

"No objection." Dou Tao said.

"What opinions does the defendant's defender have on this evidence?" The presiding judge looked at the defense table.

"No objection." Fang Yi said.

It is a fact that Dou Tao injured someone with a kitchen knife, and there is nothing to defend.

"The prosecutor continues to present evidence," the presiding judge said.

"The second piece of evidence, the injury assessment opinion of the public security department, proves that Zhang Dabao's injuries constituted minor injuries," the prosecutor said.

Neither defendant Dou Tao nor defender Fang Yi had any objection to this evidence.

"The third piece of evidence is surveillance video. This evidence was taken from the surveillance video of the defendant's orchard. It proves that the defendant beat others at will on the day of the crime, causing minor injuries to others." The prosecutor said.

"What objection does the defendant Dou Tao have to this evidence?" asked the presiding judge.

"If you have any objections, I didn't beat others randomly. I did it after they came to my orchard first and wanted to cut down my fruit trees." Dou Tao said.

"What opinions does the defendant's defender have on this evidence?" the presiding judge asked.

"This evidence does not prove that the defendant beat others at will. Judging from the content of the video, it was the cadres of the village committee who took people to the orchard to cut trees. The defendant cut and injured people in order to protect his legal property and the safety of his wife. , the incident happened for a reason, the defendant did not beat others randomly, it was self-defense. Over." Fang Yi said.

…