You became a lawyer and sent the judge in?

Chapter 317 Court hearing: What happened to the foreigners?This is at home!
Generally, as long as a case is filed, the progress of the case will be very fast.

Plus.

When Su Bai submitted the case filing application, he had already submitted relevant clues to law enforcement officials.

Through this, the progress of the case can be accelerated.

The attempted coercion of the foreign student, witnesses and statements, including their physical evidence are all there.

It was quickly transferred to the Procuratorate and the verification was completed.

It's just about the school's cover...

In fact, it involves Zhang Tao.

One of the conditions for the determination of the crime of harboring is also the most important criterion condition - the object violated is the normal criminal prosecution activities of the judicial organs.

on this side.

Female students at the school reported to the police many times that this foreign male student had engaged in indecent and attempted coercion.

However, they were all suppressed by the school for various reasons and threats.

This is already an infringement of the normal criminal proceedings of the judicial organs.

The facts are established.

This is an unavoidable problem.

Furthermore, in this case, there is an unavoidable fact that there is a major cover-up problem in the school's management.

the other side.

After Su Bai submitted the case to the law enforcement unit.

Law enforcement officers came to the vice president's office and took Zhang Tao away for investigation.

After Zhang Tao learned the facts, he couldn't help but be stunned.

Have I become a harborer?
After Jiang Min learned about this incident, he seemed a little helpless.

Anyway.

This case previously only involved matters involving foreign students.

Now through Su Bai's operation, the vice president was directly taken away for investigation?

Sure enough, no matter what the case was, things would become complicated after their law firm met Su Bai.

But looking at this case as a whole.

To harbor a criminal, first of all, the person being harbored has violated the law and met the conditions for criminal prosecution.

Is it a cover-up?…

This also depends on whether the foreign student is found guilty.

Judging from the current situation, Zhang Tao has only been investigated.

It was not handed over to the prosecutor for prosecution, and the issues involved were not serious.

but.…

The prosecutor has completed verification of the foreign student's assault on the female student of the Business School branch and has appealed to the court.

After learning the facts, the court confirmed the time for the hearing.

During this period.

News spread inside the school about the foreign student and the vice dean being taken away.

Generally speaking, what things spread the fastest in universities?
What spreads fastest is all kinds of gossip and speculation.

Every dormitory in the university has a "know-it-all" who participates in various societies.

Someone must know about the foreign students being taken away for investigation and the deputy dean being taken away for investigation.

Back and forth, the gossip spread within the branch in just an hour or two.

Although the school leaders asked the counselors of each class to stop the students from discussing this matter.

But with so many people, how could they control others and not discuss it?

Some friends of the victim students even posted about the incident on various platforms.

This topic is inherently hot. After all, in your own school and your own territory, foreign students should abide by domestic laws when they come.

Now it is not a matter of compliance or not...

Now it is a direct violation of the law, and the school is covering it up.

This incident was posted on the Internet and directly detonated major platforms. As a result, the school was scolded and became a hot topic...

The influence is huge.
.
....
In addition, the case regarding the attempted coercion of foreign students has also come to court.

However, because it involves foreign students, it also involves the privacy issues of girls who have been violated in the school.

The case was not heard in public.

Of course, Su Bai could understand that this case was not being tried in public.

after all.…

The latter privacy issue is the key.

If the violated girl's privacy is posted online, she may receive a lot of abuse.

The court also took this factor into consideration and decided not to hold the trial in public.
.
....
Soon it was the eve of the trial.

Because this case involved foreign students, it was transferred to Nandu Intermediate Court for trial.

On the day of the court session.

Many reporters and media learned about the court date and the related circumstances involved.

Because this trial is a closed trial, reporters and media do not want to miss such a hot topic of public opinion.

So they were blocked directly outside the court.

After seeing Su Bai come to the door of the court.

I don’t know who shouted: “Lawyer Su is here!”

A group of people carrying cameras hurriedly surrounded him, almost poking the microphone into Su Bai's mouth.

"Excuse me, Lawyer Su. As a well-known criminal lawyer in China, you have taken on this case. What do you think of this case?"

"Regarding this matter, some opinions in China say this - the school's actions are equivalent to bending its own spine."

"Lawyer Su, all netizens want to hear your understanding of this sentence. Can you please answer it?"

"..."

Facing repeated questions from reporters, Su Bai walked to the door of the court, turned around and replied:
"The law will punish those who commit crimes, no matter who they are."

"This is my attitude and view on this case."

“I don’t know that about how the court will proceed.”

"But I will try my best to fight this lawsuit well so that the victim's legal rights and interests are protected."

Some of the reporters’ inquiries were definitely not very commenting.

However, the attitude that should be expressed still needs to be expressed.

After saying that, Su Bai and Li Xuezhen squeezed through the crowd and came to the waiting room of the court.

It didn't take long for staff to bring Su Bai to the court hearing.

Other parties also entered the trial.

Especially the defendant.

The defendant has dark skin. Judging from his skin color, he obviously comes from the western part of the Eastern Hemisphere.

The appointed defender is Jiang Min.After the clerk read out the court discipline and various matters, the members of the collegial panel entered the room.

As the presiding judge of this trial, Yu Yue sat on the bench.

Banging the hammer announced the official opening of the court, and then continued:
"In this trial, the prosecutor will prosecute the defendant, hereinafter referred to as Mascu."

"In the branch of Nandu Technology and Business University, a public prosecution was launched against the victim for committing coercive behavior."

"Now please let the prosecutor briefly state the criminal offense of the defendant Mascu."

"Good judge."

As a prosecutor, Public Prosecutor Wang Xiong gradually followed up on this case.

In his view, the criminal facts of this case were clear and it was basically a scene of attempted coercion.

So in terms of stating the crime, it was stated very clearly.

"As for the defendant Mascu's crime, the prosecutor believes that the situational conditions for forcing others to have sexual relations were met."

"In this case, the victim Lin Wenhui was assaulted by Masku on the path back to her dormitory from the school library."

"According to the prosecutor's investigation and Lin Wenhui's confession, Mascu took the initiative to greet her when she was drunk at the time."

"Speaking in Chinese, I asked if I could make friends with Lin Wenhui."

"Lin Wenhui actively refused the request to make friends."

"Mascu became angry and took the initiative to pull Lin Wenhui, and in the process tore off Lin Wenhui's top, including obvious tears in her lower clothes."

"While the crime was taking place, Lin Wenhui found the right opportunity to kick Mascu in the private parts."

"We were freed from Mascu's continued intrusion."

“According to the relevant legal provisions of our country, the definition of attempted coercion is—

A crime has been committed, but due to influences other than human will, the crime has not actually been committed. "

"During the course of this case, Mascu's criminal intention was very obvious, that is, he wanted to force Lin Wenhui to have a relationship."

"But it didn't achieve its goal."

"The criteria for what constitutes attempted coercion have been met."

"Based on the above, the prosecution believes that Mascu has committed the criminal act of attempted coercion."

"According to the relevant provisions of our country's prison terms, forcing others to have sex shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years."

"In an attempt, the sentence and punishment should be reduced, so the prosecutor's recommended sentence is three years in prison."

Prosecutors and courts hold certain guidelines for sentencing people who force others to have sex.

For example - if it is a forced relationship that occurs when an acquaintance is drunk.

If understanding is obtained and the circumstances are minor, the offender may only be sentenced to a fixed-term imprisonment of less than three years or a suspended sentence.

If it is a forced act against a stranger, the sentence is 4 to 5 years.
If there is other violence or other damage caused to the victim.

It is very likely that he will be sentenced to 6 to 7 years, or even more than eight years in prison.

The sentence is quantified based on the seriousness of the circumstances.

Masku violated Lin Wenhui by forcible injury.

In this case, although the attempt may reduce the sentence to a certain extent.

But.…

His situation is special, the circumstances are relatively serious, and his sentence would have been long.

Even if it is reduced, the recommended three-year prison sentence is within a reasonable range.

After the prosecutor finished his statement, the presiding judge Yu Yue looked at the defendant's seat again.

"Now please ask the defendant to entrust a lawyer to state your point of view."

At the defendant's client's seat, Jiang Min sorted out the relevant materials and then spoke to exonerate the defendant.

"Presiding judge, we do not agree and do not believe that we have attempted coercion."

"We have certain objections to the charges that were filed at the beginning."

"We do not agree with the view that the attempted coercion was unsuccessful."

"Then please ask the defendant to entrust a lawyer to state your point of view."

The presiding judge frowned slightly and asked Jiang Min to continue his statement.

Jiang Min continued: "We believe that in this case, our behavior only constitutes relevant obscene behavior."

"We should be dealt with in accordance with the Public Security Law and detained for 10 to 15 working days."

Presiding Judge: “What are the specific circumstances?”

"The specific situation is that our client did not force the victim Lin Wenhui to have sex."

"From the perspective of the entire process of the case, our client only committed the obscene act after greeting Lin Wenhui."

"If the relationship was forced, then why did our client say hello to Lin Hui?"

"And I asked our client about his subjective wishes."

"Our client's subjective wish is to make friends with Lin Wenhui."

"After being rejected by Lin Wenhui, he carried out a certain amount of harassment, and while he was drunk, our client did not know how powerful he was."

"In this situation of unclear consciousness, there is no subjective compulsion."

"Only relevant lewd conduct was carried out."

"In this case, the law and order laws are followed."

"Instead of defining it based on the crime of attempted coercion."

Faced with this situation, Su Bai raised his hand and asked after getting the consent of the presiding judge:
"Then I would like to ask the lawyer appointed by the defendant how he defines obscenity?"

"You said that the person involved did not have the subjective will to carry out the forced behavior."

"But why did he take off the victim's clothes? This level far exceeds the legal definition of obscenity, right?"

"And this behavior would have continued if the victim had not strongly stopped it."

Facing Su Bai's inquiry, Jiang Wei took a look at the litigation materials and organized his thoughts:

"Because our client was drunk, and partly because he was an international student."

"Maybe I am not too clear about some domestic etiquette aspects."

"So this behavior occurs."

Su Bai:? ? ?
I’m not very clear about this in terms of domestic etiquette...can you make it clear?
Certainly not!

Furthermore, during this court hearing, Jiang Min knew very well that Mascu had committed a crime.

It is impossible to meet the conditions of innocence.

Therefore, it is necessary to defend Mascu's sentence reduction from other angles.

Jiang Min's idea is that no factual coercion occurred anyway.

Then this case can be judged from other angles.

But.…

obscene?

How could this case only be found to be obscene?
Indecency refers to mild harassment of a woman.

But what about now?
Now that my clothes are torn and I almost committed a crime, can it still be called obscenity?
Certainly not!

What about international students?If a foreign student commits a crime in the country, then he will be sentenced accordingly! .
....
PS: Please give me a monthly ticket~
(End of this chapter)