Lawyer

Chapter 5 Prepare for the worst in everything and work hard for the best!

"Oh! I was taken aback. I thought we'd been committing crimes after being married for so many years!" Zhong Bin patted his chest lightly and said.

"However, there is another theory in the theoretical and practical circles.

The Marriage Law clearly stipulates that both husband and wife have equal status in the family. This equal relationship certainly includes the equality of X rights between husband and wife, that is, when both husband and wife have sex, one party has no right to dominate and force the other party, even if one party refuses or does not accept the other party from beginning to end. sexual intercourse requirements, nor will it have any legal consequences.In fact, there are quite a lot of X-free marriages nowadays, and some people's ideas are still very avant-garde, completely spiritual!

Article 230 of the "Criminal Law" stipulates: The crime of rape refers to the act of forcibly having sexual relations with a woman against the will of the woman by means of violence, coercion or other means.

This provision does not exclude the crime of rape with the wife as the object of rape, so the subject of the crime of rape should include the husband. "Fang Yi said.

Zhong Bin's little heart throbbed again, and he said with concern: "Lawyer Fang, can we stop going up and down like this, my little heart can't take it!
I don't care how the term rape in marriage came about, I just want to know how my brother got in and whether he committed a crime!
Lawyer Fang, please give me a letter. Is my brother guilty of rape? "

"Don't worry! Judging from the case materials you have provided so far, the facts of this case are very simple, and your brother does not deny the facts.

According to the current mainstream view, during the normal existence of the marriage relationship, the husband cannot be the subject of the crime of rape, that is to say, no matter what method one party uses to have sex with the other party, it does not constitute the crime of rape.

However, during the abnormal existence of the marriage relationship, for example, during the period of divorce proceedings, the two parties have entered the legal dissolution procedure of the marriage relationship. The woman has a negative attitude towards the sexual behavior of both parties, so there is no reason for both parties to assume the obligations that exist between husband and wife.

As a result, the relationship between the husband and wife has changed, and the husband can become the subject of the crime of rape.

Going back to your brother's case, when the court has ruled to dissolve the marriage relationship between the two parties, the woman, that is, your sister-in-law, is in an abnormal marriage relationship with your brother, and the marriage relationship between the two parties needs to be terminated only after the judgment becomes effective.

In this case, your brother forcibly had sex with your sister-in-law, which has constituted marital rape, that is, the crime of rape. "Fang Yi explained.

"Then... I heard from other lawyers that it does not constitute a crime of rape! Could it be a mistake?" Zhong Bin's eyes were in a daze, and he was a little uncertain.

"You can choose to believe them. Of course, the law enforcement standards of the courts are not completely consistent. If other courts are guilty, our court may not be guilty.

But brother is yours, not someone else's, so let me give you a suggestion. "Fang Yi really wanted to take over this case and open a case.

"What suggestion?" Zhong Bin asked suspiciously.

"Prepare for the worst in everything and work hard for the best! Don't get it wrong!" Fang Yi said seriously.

Zhong Bin was stunned for a moment and said, "Thank you, Lawyer Fang, I understand! I'll go back and discuss it with my family. Can you leave me a phone number?"

The two parties did not reach an agreement that day. Sun Zhengyi and Fang Yi sent Lao Zhong's family away and returned to the office. Fang Yi gave a general account of the case.

"Lawyer Fang, sometimes you don't have to be so honest. You sign the case first. Now that you have given the facts to the client, I'm afraid the client won't come to us again." Sun Zhengyi sighed.

"Why?" Fang Yi asked puzzled.

Should the client come to the law firm for consultation, shouldn't he tell the other party the truth?If you don't tell the truth, the later case will be followed, and the judgment will not be satisfactory, and the parties will not be able to come to the law firm to make trouble. How can this lie be rounded up!Doesn't this cause trouble?
"You don't know that when the parties are in trouble, they actually think in their own favor. If the lawyer says something similar to what they think, the probability of signing will increase.

If the two parties think exactly the opposite, unless you can convince them, it will be difficult to reach a commission.Based on what I know about Lao Zhongtou, this guy used to be the workshop director in the factory.

I came to our law firm just to seek comfort in my heart, and to be cost-effective, which is similar to the feeling of bidding.

Forget it!Anyway, it's like this, I guess they will choose a big firm in the city, and they may not trust us. " Sun Zhengyi explained.

Fang Yi nodded silently. From a professional point of view, although he did not do many criminal cases before, those cases basically achieved the expected results. His professional ability is not inferior to that of lawyers from well-known law firms in the city.

However, in terms of negotiating cases and signing contracts, he had always cooperated with others before, and the signing of contracts was not his business. He just resigned from school and he was really a rookie in negotiating cases.

Even if he is a rookie, Fang Yi will definitely not do it if he is asked to follow Sun Zhengyi's thinking completely, because if the lawyer's analysis deviates too much from the actual trend of the case, it can only show that the lawyer's level is not good, and he will think about going back later. It is simply impossible to find compensation, and it is very likely that the party concerned will complain and be ordered to refund the fee by the Bureau of Justice (although the probability is relatively small). He does not want to cause trouble, let alone overdraw his reputation.

At 08:30 in the evening, the second elder of the Zhong family and the second son Zhong Bin had a family meeting. Mr. Zhong was sitting on the sofa with his eyes closed, tapping his right index finger and ring finger rhythmically on the armrest of the sofa.

Zhong Bin understood that this was his father thinking about the problem. Whenever the old man encountered a big problem, he would always subconsciously make such an action.

The wife hesitated to speak, and finally couldn't help asking: "Xiaobin, do you think that lawyer Fang is reliable?"

"I think what Lawyer Fang said is pretty much the same. I've inquired about it from the side. Lawyer Fang did teach at a university before, and what he taught was criminal law. The few criminal cases he did in the past have a good reputation." Zhong Bin said.

"Okay, let's do it this way, you can't believe everything the lawyer says, these people live by their mouths, and they are very capable of fooling people.

Since Lawyer Fang said that he has encountered such a case before, Xiaobin, you can call Lawyer Fang and ask him to send the case over to have a look. If it is true, we might as well listen to him and plan for the worst! "Master Zhong opened his eyes and said calmly.

(End of this chapter)