You became a lawyer and sent the judge in?

Chapter 318 Resisting legal sanctions?what are you thinking!

Regarding indecency and attempted coercion.

There is an essential difference between the two, but the difference is not too big.

At least it behaves similarly in terms of objective criminal forms.

In terms of criminal punishment, the main thing to look at is the seriousness of the circumstances.

No matter which aspect you look at it, the defendant's case is not obscene at all.

If it's obscene...

Then it is more likely to be forced obscenity.

According to domestic laws, those who forcibly molest women, if the consequences are not serious, will be sentenced to fixed-term imprisonment of not more than five years.

According to the identity of the defendant as a foreign student and the circumstances, there were indeed no serious consequences.

The sentence may be less than one year in prison or suspended.

You may even be sentenced to public security detention.

The criminal penalties faced are low.

There is precedent for these things.

So this is the meaning of Jiang Min's obscenity.

Because compared to indecency, the penalty for attempted coercion is relatively heavier.

This is also Jiang Min's strategy for putting forward this point of view.

Facing Jiang Min's statement, Su Bai immediately asked:
"Why did the defendant's lawyer raise the issue of indecency?"

"Can you state your reasons for this point of view?"

"According to legal obligations, indecency refers to slight verbal or physical harassment of women or other people."

"What is the obscenity mentioned by the defendant's lawyer?"

"Forced molestation?"

"Yes... We believe that our behavior towards the victim Lin Wenhui is an act of forced indecency, rather than an attempted act of forcing a woman to have sex."

"The main reason is that our client did not harm Lin Wenhui or have a relationship with her."

Jiang Min admitted Su Bai's statement.

Of course, he thought so in his heart.

In this case, the woman was forced to have attempted sexual intercourse and forced indecency.

Although these two crimes are both criminal acts that cause coercive behavior against women.

However, there are different divisions in terms of prison terms.

Attempting to force a woman to have sex, especially in the case of the defendant, will result in at least a three-year prison sentence.

But forced indecency is different, although the sentence stipulates that it is fixed-term imprisonment of not more than five years.

but!

There is no minimum penalty standard.

In other words, if forced indecency can be used as a judgment condition in the court hearing.

A prison sentence of several months is possible.

It can even be a suspended sentence or public security detention.

Compared with the crimes charged by the prosecutor, forced indecency is the focus of the debate.

Good thing for his client!
In the court hearing, facing the defenses of both parties, the presiding judge Yu Yue frowned slightly.

Then the gavel was struck: "About whether it was forced behavior or forced indecency."

“Let’s first listen to the subjectivity of the defendant.”

"Mascu, the defendant, please explain your behavior at that time from your perspective."

"And your thoughts and subjectivity at the time."

In the defendant's seat, Mascu sat calmly in his seat.

Because this court hearing involves foreign students who may not know much about Chinese, a translator was specially assigned to the court hearing.

After translating the presiding judge's inquiry, the translator also made a statement as Musk spoke:

"I came to China to study. I have no intention of forcing female students in the school."

"On that day, I just wanted to make friends with the female student. I didn't have any other ideas."

"I don't think I'm guilty... Of course, if I'm guilty, it's not my turn to be judged by Chinese law."

"I protest against my trial and my suggestion is that I admit my fault and accept my lawyer's argument that I should be detained in public security custody."

"As for the others, I don't accept them."

"..."

???

After the translation was completed, many people's eyes were focused on the defendant's seat.

What did this guy say?

You don't think you're guilty, there's nothing wrong with that.

But why do you think you won't be convicted of a crime in this place?
Still want to extradite? !
What are you thinking? !
I don’t know why, but after Mascu said these words, he felt particularly calm.

I don't know if it's because he has enjoyed too many resources in the college as a foreign student, so he thought he would enjoy the same special treatment as in school.

Or for other reasons.

Masku seemed unfazed by the verdict.
.
....
On the bench seat.

The presiding judge's brows furrowed even more tightly, and then his eyes fell on Jiang Min, who was sitting in the defendant's lawyer's seat.

Jiang Min said: "Our client has stated his point of view. At that time, he did not have any subjective intention to force Lin Wenhui."

"Based on this, we believe that there is no malicious act of forcing Lin Wenhui to have a relationship, but just a vulgar behavior on a whim."

I heard Jiang Min continue to speak, and he was excusing the defendant.

how to say.

It is the legal duty of a lawyer to exonerate his client.

But this foreigner is sitting in the defendant's seat, in complete contempt for Chinese law.

to be honest.…

If you don't send people in, you will feel suffocated in your heart.

Thinking of this, Su Bai immediately said:
"Then I would like to ask the lawyer appointed by the defendant. The point you stated is malicious indecency."

"The sentencing requirement you believe is to grant only security custody."

"But are there any similarities or differences between the point you raised and the prosecutor's argument about forced women to have sex?"

"In other words, why are you denying the prosecution's suggestion that women were forced to have sex?"

Jiang Min glanced at Su Bai and immediately said:
"Forced molestation and attempted sexual intercourse with women are similar in objective form."

"But subjectively it behaves differently."

"The biggest difference between the two is whether the relationship was against the woman's will."

"The main purpose of this is to have sex."

"Forced indecency means that the victim does not have to have sex without his or her consent."

"In this case, our client only took off Lin Wenhui's clothes and did not directly state that he wanted to have a relationship with Lin Wenhui."

"Based on this, it can be clearly seen that there are obvious differences between our behavior and the prosecution's suggestion of forcing Lin Wenhui to have sex."

"So we think..."

"The prosecutor used the attempted sexual intercourse with a woman as the main criminal condition and filed a charge against our client."

"It's very unreasonable."

"We request that this trial be adjourned and the charges against us be changed."

"..."

The presiding judge on the bench did not respond to Jiang Min's request.

To be honest...this is also the first time he has encountered a foreigner.

However... regarding the defendant's words just now, there was a certain prejudice in his heart!

The main prejudice lies in foreigners' disrespect for domestic laws.

What does it mean that domestic laws cannot be applied to foreigners?

What are you thinking!

One more point.

Malicious molestation and attempted sexual intercourse by forcing a woman are indeed similar.

But there are actually big differences, especially in terms of presentation.

As the presiding judge, Yu Yue asked: "In the statement just made by the lawyer appointed by the defendant."

"Your client did not want to have a relationship with the victim, so why did he tear off the victim's clothes and forcibly molest her?"

"What is the purpose of forced molestation?"

"Is it just because the defendant said they were friends that they are friends?"

Facing the presiding judge's questioning, Jiang Min remained silent.

Just listen to the presiding judge continue to speak:
"The defendant's lawyer appointed him, but there is one important point that he did not state clearly."

"The most important thing between forced indecency and attempted sexual intercourse with women is whether there is any behavior that interferes with the coercion."

"If there was no interference with the coercion, the defendant just took off Lin Wenhui's clothes and stopped the violation after learning that Lin Wenhui did not agree."

"This is called forced indecency."

"But why did the defendant stop the assault?"

"The defendant stopped the assault because he was kicked in the private parts by Lin Wenhui and could not continue to commit crimes."

"This is not a subjective cessation of criminal conduct by the defendant."

"It was the defendant who had no choice but to stop the violation under the influence of external forces."

"Does the lawyer appointed by the defendant have any objections to the above point of view?"

Jiang Min said: "Presiding Judge, we still have some objections!"

"The presiding judge just stated that the main factor in the attempted coercion was that Lin Wenhui kicked our client, which caused our client to stop the infringement."

"This determines that we have attempted coercion."

"But if Lin Wenhui kicks us from the perspective of forced indecency on our side, will we continue to be indecently assaulted?"

"We think it's about whether we were forced to commit indecency."

"It should be based on our subjective wishes and whether we aim to have a relationship with Lin Wenhui."

"Let's make a departure decision at this point!"

When the presiding judge asked if he had any objections, Jiang Min immediately responded.

If it is determined that it is not forced indecency, then this case can only be discussed from the perspective of attempted sexual intercourse by forcing a woman to have sex.

But if we discuss it from this perspective...

how to say!

Then the defendant will definitely be sentenced to more than three years in prison.

Based on this, Jiang Min must refute.

only.…

Su Bai already understood Jiang Min's thoughts very clearly.

This case...

Let’s not talk about anything else, just look at the attitude of the defendant.

They didn't take domestic laws seriously at all.

Do you want to escape domestic legal sanctions if you break the law?
Su Bai raised his hand and said, "Presiding judge, I want to express my opinion."

"Please let the prosecution state its point of view."

After getting the consent of the presiding judge, Su Bai immediately spoke:
"Presiding judge, I would like to ask in court about the situation of our client, the victim, at that time."

"The prosecutor's appointed lawyer can conduct inquiries."

"Good judge."

Su Bai looked at Lin Wenhui: "I would like to ask about the victim."

"When you were violated by Masku, did you refuse it immediately?"

"In other words, was there any resistance in the first place?"

"Have."

Lin Wenhui nodded: "I clearly rejected Masku's infringement at the first time, but he was too strong and I couldn't resist at all."

"Did Mascu say anything else when he violated you?"

Lin Wenhui seemed a little hesitant when she heard this question, but she still answered the question.

"said.…"

"When he violated me, he said I was pretending to be innocent... and told me not to reject him."

"So during this process, did you have a hunch that he would do something bad to you, such as forcing you to have sex?"

"Yes, my first feeling at that time was that he was going to force me to have sex."

"And he also had an obvious behavior of taking off his pants. I just kicked him while he was taking off his pants..."

"Okay, thank you for your cooperation."

Su Bai signaled that the inquiry was complete and continued:
"In this case, the statement made by our client, the victim, has been very clear."

"During the whole process, we had a clear refusal, and Mascu also gave clear signals."

"It implies a relationship."

"More importantly, Masku engaged in an apparent act of removing his pants."

"This objective factual behavior has proven that Mascu's subjective behavior was to force a relationship."

"I don't understand why the lawyer appointed by the defendant keeps emphasizing that the defendant was forced to molest."

"In this case, the legal definition of whether the defendant committed forced indecency has been very clear."

"The defendant's attorney has been emphasizing that this behavior is forced indecency."

"So does the lawyer appointed by the defendant really think that the defendant has no subjective intention to force the relationship?"

"also."

"The defendant is a foreign student. Taking advantage of the school's preferential treatment of foreign students, he harassed female classmates many times in the school."

"This is what really happened."

"What's the main reason why this happens?"

"The main reason is because of the college's preferential treatment for foreign students."

"As a result of this situation, foreign students believe that domestic laws have no binding force on them."

"but?"

"According to our country's laws, foreigners who commit illegal crimes in the country should be held criminally responsible."

"This is the embodiment of the principle of national sovereignty in criminal proceedings!"

"Therefore, we do not agree with the defendant's attorney's argument that malicious indecency is used to evade punishment in the criminal sentence."

"And we believe that the situation explained by the defendant's lawyer is completely inconsistent with the actual situation!"

"Based on the principle of equality under the law and the criminal procedure law principle that foreigners should be held criminally responsible for crimes committed."

"Our application is to reject the statement made by the lawyer appointed by the defendant that the defendant was forced to molest!"

All of Jiang Min's statements focused on one point, which was to reduce the defendant's criminal liability.

But can it be alleviated?

No!

Guarantee the legal rights and interests of your client.

This is Su Bai's point of view.

Looking up, Su Bai's eyes happened to collide with the presiding judge.
.
....
PS: Please give me a monthly ticket~
(End of this chapter)