Don't call me little brother, call me accuser!
Chapter 96 Not only is the sentence sentenced, but also money must be paid! (Please ask for tickets
Chapter 96 Not only is the sentence sentenced, but also money must be paid! (The first update asks for votes and follow-up!)
"Because she still can't let him go, so as long as the mobile phone is restricted, she will definitely find an opportunity to inform the other party to do some countermeasures."
Su Fan spoke at this moment.
Today Juejue Shitai said that the evidence against Hong Litian may not be sufficient.
Of course, what the other party said was that the evidence for a heavy sentence was not sufficient.
But as far as they can feel at the moment, the other party should be instigated or threatened by the other party for perjury.
Unfortunately there is no evidence to prove this.
And Gao Shuangshuang couldn't dig out any useful information from his mouth, mainly because the other party refused to tell.
So Su Fan suggested to turn on the call recording on Gao Shuangshuang's mobile phone, and then let the other party's mother interrupt by surprise to let the other party end the call, so as to prevent the other party from knowing that the audio has been recorded.
In this way, if the other party really knows about this matter and has instigated or threatened it, it should be reflected on the phone.
And this idea was also supported by Gao Shuangshuang's mother.
So, everything in the whole afternoon is actually a pre-set game.
Including the mobile phone being confiscated, deliberately locked in the cabinet, the key placed on the table, and then interrupted unexpectedly.
As for whether the recording of this call is valid.
According to the procedural law, recordings belong to "audio-visual materials" and can be used as evidence.
Previously, the Supreme Court also clarified in the early years that "secret filming" and "secret recording" materials can be used as evidence.
But there are three points to note.
First, it is not evidence obtained by methods that seriously infringe on the legitimate rights and interests of others.
This is easy to understand. For example, Li Si asked Zhang San to collect debts, forcibly broke into Zhang San’s home, forced Zhang San to agree to pay high interest, and made audio and video recordings of Zhang San. This is coercion, which violates Zhang San’s legal rights and interests. Video footage cannot be used as evidence.
Second, it is not evidence obtained by methods that violate the prohibitive provisions of laws and regulations.
In this regulation, most of them refer to the evidence obtained by illegally using espionage equipment and other non-civilian tools to secretly photograph and secretly record.
Third, it must not violate public order and good customs.
To put it simply, it is the evidence obtained by installing a pinhole camera in someone else's home to secretly shoot video or spying on the house through a high-powered telescope. This is an act that violates public order and good customs, and the evidence is invalid.
To sum up, it can be seen that even if it was secretly recorded, the telephone recording is still valid as evidence.
It belongs to the recording tool that comes with the phone.
The conversation between the two parties was not restricted at that time, and it belonged to conscious free expression, and did not kidnap or coerce the other party to make a statement.
"Teachers! This person surnamed Hong is really disgusting! Such a person must be severely punished!"
After listening to this recording, as a mother, Duan Lian trembled with anger!
At the same time, I feel extremely regretful.
If I could care more about my daughter and give her the love that a complete family deserves, I guess the other party would not be like this.
She always thought that her daughter was so outstanding, and at the same time, she was an adult and went to university, and it was normal to go home, so she didn't ask too much about personal matters. Who would have thought that the other party's boyfriend was such a person!
Coaxing and threatening to push her daughter into the abyss step by step!
As for the words on the phone, why don't you care about ten years, I will love you even if you have gray hair, this kind of trickery is not obvious?
Ugh.
I have taught and educated people all my life.
Ignored the psychological aspect of my daughter.
"If you really want him to give him a heavy sentence, then persuade your daughter not to issue a letter of criminal understanding."
According to the "Supreme People's Court's Guiding Opinions on Sentencing of Common Crimes", for actively compensating the victim's economic losses and obtaining an understanding, the base penalty can be reduced by 40% based on comprehensive consideration of the nature of the crime, the amount of compensation, the ability to compensate, and the degree of confession and repentance. the following.
If it was before.
For an intentional injury, the victim was forgiven.
That basically won't last long.
Now, if the other party gets a letter of understanding, the sentence will be greatly reduced.
The best way to deal with this kind of person is to let him eat his own bad results.
No reduction in sentence!
"Don't worry, Su Fan, we won't issue a letter of criminal understanding!"
Only saw Duan Lian speak at this time.
She had just informed the child that her father was coming.
Although there are some problems in the marriage of the two.
But Gao Shuangshuang is his biological daughter after all.
He called to inform the past and heard what happened to his daughter. The father over there has already arrived at the airport and will be here soon.
"In addition, you can also demand compensation from the other party."
Su Fan continued at this time.
"Compensation? Then after we ask for the money, will he be suspended or have his sentence reduced? If so, we don't need it!"
Duan Lian didn't think about compensation or anything.
She is a middle school teacher.
Although the salary is not high.
But she can still afford to support her own daughter.
Especially now that her daughter has become like this, she would rather not have a penny than to be sentenced severely by the surname Hong.
"No, he still has to lose money if he should lose money, and he has to be sentenced if he should be sentenced. There is no conflict between the two."
According to the law, the suspected crime of intentional injury shall be sentenced to fixed-term imprisonment of less than three years and compensation for treatment expenses, lost wages, nursing expenses, and transportation expenses. If the victim cannot forgive the assailant, the sentence cannot be suspended or given a lighter punishment.
So in this matter, as long as the letter of understanding is not issued, the other party should pay the money and have to pay the money, and the sentence should be sentenced.
There will be no conflict between the two sides.
"It would be better if that's the case."
Duan Lian breathed a sigh of relief after hearing this sentence.
If the other party's punishment was reduced because of the demand for compensation, she would rather not have a point.
But if asking for money won't reduce the other party's punishment, then why should she not?
My daughter was beaten like this, and she needed money for various examinations in the hospital.
And now two items have been diagnosed, eardrum perforation and concussion are also suspected.
So badly hurt.
Follow-up treatment will definitely cost money.
And the emotional damage to the child.
I came here to lose wages and so on.
If you can get a sum of compensation, I will be much more relaxed.
Spring River Global Law Firm.
All I saw was a woman dressed in a rustic fashion walked in.
"Excuse me, are you Lawyer Ding?"
Looking at the man in a suit in front of him, Fei Xianghong asked.
"I'm Ding Zhuangqiang, hello, Ms. Fei, the introducer should have told you about my charging standard."
Ding Zhuangqiang stretched out his hand at this moment.
"Well, I said a little bit."
Fei Xianghong nodded.
Her husband runs a ktv in their city, so he has a wide network of contacts, and he also met some friends in Chunjiang City. A friend of his friend introduced this lawyer Ding as a well-known lawyer in Chunjiang.
The other party's cousin is also the vice president of a college of the University of Political Science and Law.
Therefore, in a lawsuit in Chunjiang City, it is basically safe to find him.
"Then let me declare the fee first. My lawyer's fee is 500 yuan an hour, but your case is charged on a case-by-case basis. The basic fee is 8000 yuan, and I charge 100% for 500 million to 500 million yuan (including 4 million yuan). , I heard that you are dealing with a claim of 300 million yuan, so I will charge at least 128000 yuan for this fee, and we can continue to talk if we can accept it."
Ding Zhuangqiang looked at Fei Xianghong at this time.
After all, money has to be negotiated first.
"acceptable."
The basic cost is 12.
Sure enough, a good lawyer is expensive.
However, the claim is 300 million. If you get the 300 million after you get the money, even if you subtract 13, she still has 280 million.
So don't panic.
"Okay, let's talk about it in detail."
At this time, Ding Zhuang, who was slightly fat, pushed his glasses wisely.
I heard that this is a simple claim case before, and I was happy to make a small move, and I got 12.
It's been a long time since I have encountered such an easy case.
Of course, the Qian Wen case last month was an exception.
Money was really easy that time.
He is the legal counsel of Qian Wen's father, Qian Jun's factory, and then the other party's daughter happened to have an accident.
The other party found him.
Bid 100 million to help her daughter's criminal defense, the money is like picking up for nothing.
Here comes another one today.
Of course he also knows, thanks to the buff aura of his brother above his head.
It was also because of this aura that Qian Jun asked himself to defend him.
Otherwise, I, a lawyer who can only be regarded as a middle-level lawyer in the industry, would not have received so many high-priced orders.
"Lawyer Ding, let me tell you, I have never seen such a shameless person in my life!"
Mentioning this, Fei Xianghong opened the chatter box and said cracklingly.
……
(End of this chapter)
"Because she still can't let him go, so as long as the mobile phone is restricted, she will definitely find an opportunity to inform the other party to do some countermeasures."
Su Fan spoke at this moment.
Today Juejue Shitai said that the evidence against Hong Litian may not be sufficient.
Of course, what the other party said was that the evidence for a heavy sentence was not sufficient.
But as far as they can feel at the moment, the other party should be instigated or threatened by the other party for perjury.
Unfortunately there is no evidence to prove this.
And Gao Shuangshuang couldn't dig out any useful information from his mouth, mainly because the other party refused to tell.
So Su Fan suggested to turn on the call recording on Gao Shuangshuang's mobile phone, and then let the other party's mother interrupt by surprise to let the other party end the call, so as to prevent the other party from knowing that the audio has been recorded.
In this way, if the other party really knows about this matter and has instigated or threatened it, it should be reflected on the phone.
And this idea was also supported by Gao Shuangshuang's mother.
So, everything in the whole afternoon is actually a pre-set game.
Including the mobile phone being confiscated, deliberately locked in the cabinet, the key placed on the table, and then interrupted unexpectedly.
As for whether the recording of this call is valid.
According to the procedural law, recordings belong to "audio-visual materials" and can be used as evidence.
Previously, the Supreme Court also clarified in the early years that "secret filming" and "secret recording" materials can be used as evidence.
But there are three points to note.
First, it is not evidence obtained by methods that seriously infringe on the legitimate rights and interests of others.
This is easy to understand. For example, Li Si asked Zhang San to collect debts, forcibly broke into Zhang San’s home, forced Zhang San to agree to pay high interest, and made audio and video recordings of Zhang San. This is coercion, which violates Zhang San’s legal rights and interests. Video footage cannot be used as evidence.
Second, it is not evidence obtained by methods that violate the prohibitive provisions of laws and regulations.
In this regulation, most of them refer to the evidence obtained by illegally using espionage equipment and other non-civilian tools to secretly photograph and secretly record.
Third, it must not violate public order and good customs.
To put it simply, it is the evidence obtained by installing a pinhole camera in someone else's home to secretly shoot video or spying on the house through a high-powered telescope. This is an act that violates public order and good customs, and the evidence is invalid.
To sum up, it can be seen that even if it was secretly recorded, the telephone recording is still valid as evidence.
It belongs to the recording tool that comes with the phone.
The conversation between the two parties was not restricted at that time, and it belonged to conscious free expression, and did not kidnap or coerce the other party to make a statement.
"Teachers! This person surnamed Hong is really disgusting! Such a person must be severely punished!"
After listening to this recording, as a mother, Duan Lian trembled with anger!
At the same time, I feel extremely regretful.
If I could care more about my daughter and give her the love that a complete family deserves, I guess the other party would not be like this.
She always thought that her daughter was so outstanding, and at the same time, she was an adult and went to university, and it was normal to go home, so she didn't ask too much about personal matters. Who would have thought that the other party's boyfriend was such a person!
Coaxing and threatening to push her daughter into the abyss step by step!
As for the words on the phone, why don't you care about ten years, I will love you even if you have gray hair, this kind of trickery is not obvious?
Ugh.
I have taught and educated people all my life.
Ignored the psychological aspect of my daughter.
"If you really want him to give him a heavy sentence, then persuade your daughter not to issue a letter of criminal understanding."
According to the "Supreme People's Court's Guiding Opinions on Sentencing of Common Crimes", for actively compensating the victim's economic losses and obtaining an understanding, the base penalty can be reduced by 40% based on comprehensive consideration of the nature of the crime, the amount of compensation, the ability to compensate, and the degree of confession and repentance. the following.
If it was before.
For an intentional injury, the victim was forgiven.
That basically won't last long.
Now, if the other party gets a letter of understanding, the sentence will be greatly reduced.
The best way to deal with this kind of person is to let him eat his own bad results.
No reduction in sentence!
"Don't worry, Su Fan, we won't issue a letter of criminal understanding!"
Only saw Duan Lian speak at this time.
She had just informed the child that her father was coming.
Although there are some problems in the marriage of the two.
But Gao Shuangshuang is his biological daughter after all.
He called to inform the past and heard what happened to his daughter. The father over there has already arrived at the airport and will be here soon.
"In addition, you can also demand compensation from the other party."
Su Fan continued at this time.
"Compensation? Then after we ask for the money, will he be suspended or have his sentence reduced? If so, we don't need it!"
Duan Lian didn't think about compensation or anything.
She is a middle school teacher.
Although the salary is not high.
But she can still afford to support her own daughter.
Especially now that her daughter has become like this, she would rather not have a penny than to be sentenced severely by the surname Hong.
"No, he still has to lose money if he should lose money, and he has to be sentenced if he should be sentenced. There is no conflict between the two."
According to the law, the suspected crime of intentional injury shall be sentenced to fixed-term imprisonment of less than three years and compensation for treatment expenses, lost wages, nursing expenses, and transportation expenses. If the victim cannot forgive the assailant, the sentence cannot be suspended or given a lighter punishment.
So in this matter, as long as the letter of understanding is not issued, the other party should pay the money and have to pay the money, and the sentence should be sentenced.
There will be no conflict between the two sides.
"It would be better if that's the case."
Duan Lian breathed a sigh of relief after hearing this sentence.
If the other party's punishment was reduced because of the demand for compensation, she would rather not have a point.
But if asking for money won't reduce the other party's punishment, then why should she not?
My daughter was beaten like this, and she needed money for various examinations in the hospital.
And now two items have been diagnosed, eardrum perforation and concussion are also suspected.
So badly hurt.
Follow-up treatment will definitely cost money.
And the emotional damage to the child.
I came here to lose wages and so on.
If you can get a sum of compensation, I will be much more relaxed.
Spring River Global Law Firm.
All I saw was a woman dressed in a rustic fashion walked in.
"Excuse me, are you Lawyer Ding?"
Looking at the man in a suit in front of him, Fei Xianghong asked.
"I'm Ding Zhuangqiang, hello, Ms. Fei, the introducer should have told you about my charging standard."
Ding Zhuangqiang stretched out his hand at this moment.
"Well, I said a little bit."
Fei Xianghong nodded.
Her husband runs a ktv in their city, so he has a wide network of contacts, and he also met some friends in Chunjiang City. A friend of his friend introduced this lawyer Ding as a well-known lawyer in Chunjiang.
The other party's cousin is also the vice president of a college of the University of Political Science and Law.
Therefore, in a lawsuit in Chunjiang City, it is basically safe to find him.
"Then let me declare the fee first. My lawyer's fee is 500 yuan an hour, but your case is charged on a case-by-case basis. The basic fee is 8000 yuan, and I charge 100% for 500 million to 500 million yuan (including 4 million yuan). , I heard that you are dealing with a claim of 300 million yuan, so I will charge at least 128000 yuan for this fee, and we can continue to talk if we can accept it."
Ding Zhuangqiang looked at Fei Xianghong at this time.
After all, money has to be negotiated first.
"acceptable."
The basic cost is 12.
Sure enough, a good lawyer is expensive.
However, the claim is 300 million. If you get the 300 million after you get the money, even if you subtract 13, she still has 280 million.
So don't panic.
"Okay, let's talk about it in detail."
At this time, Ding Zhuang, who was slightly fat, pushed his glasses wisely.
I heard that this is a simple claim case before, and I was happy to make a small move, and I got 12.
It's been a long time since I have encountered such an easy case.
Of course, the Qian Wen case last month was an exception.
Money was really easy that time.
He is the legal counsel of Qian Wen's father, Qian Jun's factory, and then the other party's daughter happened to have an accident.
The other party found him.
Bid 100 million to help her daughter's criminal defense, the money is like picking up for nothing.
Here comes another one today.
Of course he also knows, thanks to the buff aura of his brother above his head.
It was also because of this aura that Qian Jun asked himself to defend him.
Otherwise, I, a lawyer who can only be regarded as a middle-level lawyer in the industry, would not have received so many high-priced orders.
"Lawyer Ding, let me tell you, I have never seen such a shameless person in my life!"
Mentioning this, Fei Xianghong opened the chatter box and said cracklingly.
……
(End of this chapter)
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