Lawyer's character

Du Xiaosheng felt that it was not a big deal for the young couple to fight. After a few days, the father-in-law's popularity faded away, so he bought some gifts and went to see them at home, and the matter was over. But the police summoned him to the police station on the night of the incident, and he never came out. The county procuratorate subsequently accused Du Xiaosheng of rape and filed a public prosecution in the county court.

"That's what happened. A young couple got into a fight and the in-laws actually called the police. This is so stupid. Now that people in several nearby villages know about it, how will the in-laws get along with each other in the future!

The most annoying thing is that the police said that my son was guilty of rape. How will I see anyone in the future? "The aunt complained.

Li Sancai glanced at his aunt and thought to himself: Auntie! You are really good at deceiving me. Something happened to my cousin, and I didn’t see you idle! Listen to the class today and invest tomorrow. You are the busiest and most caring person in the whole village!

"Auntie, let me ask, how do you know so much about this matter? Have you gone to Deng's house?" Fang Yi asked with a puzzled look on his face.

The crime took place not in her own home, so how could she know it in such detail? Fang Yi had a lot of question marks in his mind and began to judge the credibility of her words.

"Ah, I didn't go to Deng's house! Such a big thing happened, so I had to ask what was going on. The village director and the Deng family were both there at the time, and I argued with them all afternoon.

I asked them to drop the case and bail my son out, but they excused themselves and said they couldn't do it. I think they did it deliberately and wanted my son to go to jail.

Sancai also went there that day, and there were so many people there that we almost got into a fight...

Later, I asked the county lawyer to go to the detention center to see my son. What I just told you was partly said by the lawyer and partly by the other party. Otherwise, I would not have known so much.

But I felt that the level of lawyers in the county was just that, so I asked Sancai to find a lawyer from the city. "When I mentioned this, my aunt looked angry.

In fact, she couldn't tell the difference between the quality of lawyers, mainly because she had a lot of money in her pocket, and she felt that if her son was arrested, she would have to find a lawyer in the city to defend him. If it had been left in the past, I'm afraid the aunt wouldn't even be able to hire the big heads from various villages.

"Auntie, don't worry, let's listen to Lawyer Fang's opinion." Li Sancai advised.

"Auntie, what the Deng family said is right. If a person is arrested, it will be useless for them to go to the public security organ now. Criminal cases are different from civil cases. As long as the case is filed, the victim will not be able to control it later. No You can stop if you want.

It's just like a train. We can decide whether to get on or not, but if we don't get to the station and want to get off on a whim, that's impossible. The train is not under our control, you know what I mean. "Fang Yi explained.

"That's it!" The aunt was startled and opened her mouth. Her brain couldn't react and she didn't know what to say.

"Lawyer Fang, we don't understand the law, and you specialize in this. So what do you think of my cousin's case? Is there any hope? Will he be sentenced?" Li Sancai asked.

"Let me ask, did your cousin and cousin-in-law sue for divorce because of their emotional discord?" Fang Yi asked.

"No, absolutely not. People in the village will not go to court to get a divorce unless it is absolutely necessary. They will all be resolved through private negotiation. When my cousin got married, he gave the Deng family a lot of money. The Deng family got an advantage and kept urging Deng Qiongying to go back and live a happy life. Before. The attitude of the Deng family is to encourage peace but not division," Li Sancai said.

"The Deng family is definitely not willing to divorce their daughter, because they also have a son who is studying in college in the city. The Deng family plans to use the gift money given to my son for his marriage to marry his daughter-in-law. Their family sold their daughter to buy a daughter-in-law. "The aunt added angrily.

"Well, I roughly understand the situation of the case.

Let’s put it this way: there is controversy in criminal law theory and judicial practice about whether a husband violates his wife’s will and uses violent means to forcibly have sex with her during the marriage, which constitutes the crime of rape.

A few years ago, I handled a similar case. Of course, in that case, both husband and wife filed for divorce. The judgment was issued, but it had not yet taken effect. During this period, the husband forcibly had sex with his wife. In the end, the court convicted the husband of rape and sentenced him to Got suspended. "Fang Yi finished speaking and looked at the two of them.

The aunt's eyes immediately showed a look of horror: "Lawyer Fang, my son is wronged! Last year, I relied on my connections to find a job for him at the county post office. If he is sentenced, his job will be gone. Can you help me?" help……"

"Yes! Lawyer Fang, if my cousin goes in, not only will his job be lost, but his reputation will be ruined all over the country."

Li Sancai's meaning is very clear. The crime of rape is no better than fighting. If the rapist's name is on his head, who will be willing to use it in the future? Everywhere I go I am three points shorter than others, and no one looks down on me.

"Mr. Li, aunt, you guys, listen to me, there is still a chance in Du Xiaosheng's case, and he may not be convicted of rape.

Although it is true that the two of them are not on good terms, the dispute has not gone to the point of going to court, and the two parties have not met to fight each other to the death, just like enemies. Otherwise, if he goes to his father-in-law's house, they will not let him in.

Moreover, there was such a big commotion on the night of the crime, and his father-in-law did not say anything about surrounding people and preventing them from leaving. If Deng Qiongying hadn't passed out and called an ambulance, I don't think the Deng family would have called the police.

Am I right? "After Fang Yi finished speaking, he looked at his aunt and Li Sancai.

The aunt was about to argue a few words, but was stopped by Li Sancai.

"Let's close the door and let me say something fair. Don't worry, aunt. Although Du Xiaosheng is my cousin, what he did is really a bit embarrassing. Deng Qiongying was sent to the hospital that night. Whose family Who doesn’t feel sorry for my daughter? We must admit our mistakes.

But after all, Du Xiaosheng is my cousin and a member of my family, and we don’t want him to be imprisoned. "Li Sancai looked at his aunt after finishing speaking.

"Yes, my son did something wrong. He was at fault first. I don't deny it, but the two of them are not on good terms. It's hard to say who is right and who is wrong. It's hard for an upright official to handle household affairs!" the aunt added.

"Lawyer Fang, you just said that there is a chance that my cousin's case will not be judged. What do you mean? How sure are you?" Li Sancai asked.

"I think so. Your cousin's marriage still exists. Although he forcibly had sex with his wife, it is still very different from an ordinary rape case.

The courts generally do not decide cases across the board. However, I can’t guarantee what the county court judge will think. After all, the standards of trial in various places are not completely uniform.

The rape case I mentioned before was decided in our county court, and this case is in our county court again. So I think there is a chance, but I can't give you two any guarantees. I can only try my best. "Fang Yi said.

"Lawyer Fang, if my cousin's case is entrusted to you, how much will the lawyer's fees cost?" Li Sancai glanced at his aunt and asked.