Lawyer's character
Chapter 571 Struggle
"So your answer is theft, right?" Zhou Ying asked.
"Yes. Choose A." Fang Yi nodded.
"Come on, the time has come to witness the miracle. Please ask Lawyer Song to reveal the answer to the mystery." Ma Yi clapped his hands and said.
"The court ruled: The defendant Xiao Wei committed the crime of theft and was sentenced to three years in prison and fined 2,000 yuan. The verdict is in the case file. You can go to Xiao Zhou to confirm tomorrow.
The specific reasons for the judgment are quite different from what lawyer Fang said. "Lawyer Song smiled.
He didn't expect that Fang Yi's reasons were so similar to the judge's reasons for ruling the case. Fang Yi's professional ability was indeed very strong and he had to accept it!
"I got it right!" Ma Yi laughed, and then forced Huang Yuanchao to drink with the other two lawyers who chose the wrong answer.
As for Tian Xin, Ma Yi allowed her to do whatever she wanted.
The next morning, Fang Yi went to the detention center again and met with Zhao Hai.
"Zhao Hai, what is your relationship with Chi Huaizhen?" Fang Yi asked.
"Didn't I tell you last time? She was my first love, but we broke up later. I raped her in a moment of confusion." Zhao Hai said with a wink.
"Really? Nothing happened after that?" Fang Yi looked into his eyes and asked.
"Really..." A trace of struggle flashed in Zhao Hai's eyes.
"You can plead guilty, but I will plead not guilty for you." After a moment, Yi said.
When Fang Yi walked out of the detention center, he happened to meet Zhao Sanhua.
"Sanhua, why are you here?" Fang Yi asked in surprise when he saw Zhao Sanhua coming over.
"Don't mention it, my brother-in-law Liu Yuan was detained for fifteen days for drunk driving. I came to pick him up. Don't go back in a hurry. I will be a host at noon today, so let's get together." Zhao Sanhua was saying, Then the iron door of the detention center was opened and Liu Yuan walked out.
In the private room of the hotel, Zhao Sanhua and Fang Yi were eating while watching Liu Yuan, an unshaven man, nibbling on a big pig's knuckle like a cloud.
"Brother-in-law, please eat slowly. This restaurant belongs to our family, and the pork knuckle is enough." Zhao Sanhua filled a drink for Fang Yi and looked at Liu Yuandao. Fang Yi didn't drink because he had to drive.
"You are a full man who doesn't know how hungry a man is, so I'm not afraid of your jokes. After living here for fifteen days, I thought about pig head meat every day and gnawed on pig hooves in my dreams." Liu Yuan put down the pig knuckle in his hand and burped.
"Brother-in-law, you used to talk about losing weight every day. I saw that after you went in, your belly was much smaller when you came out. You must have lost five or six pounds.
Keep it up, take advantage of the victory, take some weight loss pills, increase the amount of exercise, and you will be back to your best condition soon. " Zhao Sanhua said with a smile.
"Quickly pull it off! Now I wish I could sleep with a pig's knuckle in my arms every day, and stop talking to me about losing weight." After saying that, Liu Yuan picked up the chopsticks, picked up two pieces of pork with pickled vegetables, chewed a few times and swallowed them. .
"It seems that the food you had in the detention center was not very good!" Fang Yi said with a smile.
"Lawyer Fang, let me tell you the truth, the inside is really different from what I thought before. On the first day I was imprisoned, I was first searched, and my cell phone, lighter, and cigarettes were all taken away. Then I was given a plastic lunch box and imprisoned to wait. Eat together.
I didn’t feel much on the first day. It was only the 15th. It happened that I hadn’t had a good rest for a while, so I was on vacation. I gave them steamed buns and Chinese cabbage at noon and evening. The Chinese cabbage was really cabbage, with no oil or water at all. , vegetable soup is no different from plain water. I didn't say a word, it was all left to those people.
The next day, I had steamed buns with pickles in the morning, and steamed buns with cabbage at noon. I made do with the steamed buns and gave the cabbage to others. In the evening, I asked the people inside, why did they eat steamed buns all day long, if they didn’t mean to give them to steamed buns? People told me, you can eat whatever is available, don’t ask blindly, it will be good if you eat it.
On the third day, the fuel and water in my stomach were almost exhausted. I ate all the steamed buns and cabbage at noon and evening, and I was not full at all.
In the next few days, I eagerly looked forward to going out. All day long, I just thought about when dinner would be served. My eyes are green with hunger. The feeling was really unpleasant. I didn’t want to go in again. Liu Yuan said with a bitter face.
"Okay, I think the educational purpose has been achieved. Don't drive after drinking." Zhao Sanhua said with a smile.
"My driver's license has been revoked, and I'm still driving a car. Lawyer Fang, why are you here?" Liu Yuan took two napkins, wiped his mouth and asked.
"Brother-in-law, Zhao Hai was arrested, the guy who brought me food. Lawyer Fang is here for his case." Zhao Sanhua explained.
"Oh? What crime?" Liu Yuan asked.
"Rape. I have communicated with the prosecutor in charge of the case before, and the case will be transferred to the court soon." Fang Yi said.
Fang Yi didn't talk much about the case. Liu Yuan and Zhao Sanhua knew there were taboos in it, so they didn't ask much. The three of them chatted while eating. They hadn't seen each other for a long time. The three of them had a great time chatting about a lot of past events.
In mid-January, Zhao Hai's case came to court.
The county court may have felt that Zhao Hai's case was too simple and there was no need to form a collegial panel, so it arranged for a single judge to hear the case.
The prosecutor believes that the defendant Zhao Hai used violence against the woman's will and forcibly had sex with the woman while viewing a house. His behavior violated Article 236 of the Criminal Law of the People's Republic of China and he should be prosecuted for the crime of rape. criminal responsibility. In view of the fact that the defendant Zhao Hai pleaded guilty and showed remorse, it is recommended that Zhao Hai be sentenced to three years in prison.
Defendant Zhao Hai acknowledged the prosecutor's accusations and did not defend his actions.
Fang Yi’s defense opinion is: Zhao Hai does not constitute the crime of rape. The relationship between the defendant and the victim was voluntary. The defendant Zhao Hai did not perform any violence or coercion on the victim. The specific reasons are:
First, there were no injuries on the victim, and the evidence in the case could not prove that the defendant had threatened the victim and forced her to have sex with him.
Second, according to the testimony of the victim’s husband provided by the prosecutor, the defendant had committed adultery with the victim, and he discovered it one month before the incident.
Third, the scene of the crime was a rough house with nothing in it. The two men stood against the wall and had sex with each other on their backs. If the two were not willing, the defendant would not have succeeded at all.
To sum up, Fang Yi believes that the two people's behavior was adultery. After the victim's husband discovered the adultery, the victim lied about being raped to cover up her shame. Therefore, the defendant is not guilty of rape and should be acquitted.
After hearing Fang Yi's defense opinions, the defendant Zhao Hai lowered his head and remained silent.
Although most of the evidence in the case was unfavorable to Zhao Hai, Fang Yi still found clues from the testimony of the victim's husband, and then put forward the defense opinion of the defendant's innocence.
The judge is a male judge in his forties. He has experienced this and naturally understands what Fang Yi means. The judge in court did not pronounce a verdict, but adjourned the case and returned the case to the procuratorate for supplementary investigation.
Two days later in the morning, Fang Yi received a call from the county public security bureau. Zhao Hai's case had been returned to the public security bureau by the procuratorate. The other party asked Fang Yi to go to the county public security bureau to communicate the case. Fang Yi didn't know what the other party meant, so he drove to the county public security bureau.
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