Becoming a lawyer starts with raising a Xiezhi
Chapter 121: Beyond a Reasonable Doubt
Chapter 121: Beyond a Reasonable Doubt
The woman Zhang and the victim Li are best friends, and Li often lives in Zhang's home, while Zhang's husband Wang is often not at home due to work.
One day, Wang was on a business trip and returned home urgently due to an emergency at work. It was already twelve o'clock in the middle of the night when he got home.Zhang left home because his mother was suddenly hospitalized. When Wang came back, only Li lived in Zhang's house.
As the saying goes, a long absence is better than a new marriage. After Wang returned home, he couldn't wait to have sex with his wife.Unexpectedly, he touched the bed where Li was sleeping.
Usually his wife lived in the room where Li lived, so after entering, she was familiar with the way, and had a relationship with Li when she went to bed.
It wasn't until Li was awakened that he realized that it was a done deal, but Wang was startled and stopped in a hurry.
But what Wang didn't expect was that when Li saw clearly that it was him, instead of getting angry, he signaled Wang to continue, so the two continued to linger, as if they were dry wood and fire, and they tossed for more than two hours before falling asleep exhausted .
After Zhang settled down the sick mother, she returned home and found that Wang and Li were sleeping on the same bed, and she was stunned.
She never expected that her best friend would hook up with her husband, so she immediately became furious and grabbed the two of them from the bed.
When Li saw Zhang coming back, he panicked and quickly explained: "It's not my fault, it's your husband who crawled into my bed, I didn't know it at all."
Where Zhang believed it, he wanted to call Li, who hurriedly shouted, "It's your husband who raped me, and it's none of my business."
Hearing this, Zhang pointed to Wang and asked, "Tell me, what's going on?"
Wang hesitated for a while and couldn't speak, sweating on his face. Seeing him like this, Zhang became even angrier, thinking that the two of them must have hooked up behind their backs, and slept until he was not at home. bed.
She turned her head and wanted to argue with Li again. In order to get rid of her accusation, Li began to say firmly: "It was your husband who robbed and raped me. By the time I find out, it will be too late. I will call the police!"
"You want to call the police, okay, you report it, report it now, if it is he who robbed and raped you, arrest him!" Zhang Mou was furious and asked Li Mou to call the police.
After listening to Li, he picked up the phone and really called the police. At this time, Wang seemed to be dazed by fright. When they arrived at Zhang's house after receiving the alarm, the three of them were still sitting there sulking.
The police then summoned Wang and Li to the police station. At this time, Li insisted that Wang raped her and had sex with her without her knowledge, and it was too late when she found out.
According to the law, if a man has a relationship with a woman against the woman's will, that is robbery and rape. Based on what Li said, the police determined that the case was suspected of a criminal offense and immediately opened the case for investigation.
When Wang was questioned by the police, the first half was exactly the same as what Li said, so it was confirmed, but in the second half, Wang defended, and Li agreed at the time.
But Li said that by the time she found out, it was already too late. Although she disagreed, Wang had succeeded and she couldn't resist.
Although there are differences in the two narrations in the second half, the police considered that Li might not be able to resist under the circumstances at that time, so there is no substantial difference between Wang's confession and Li's statement. It was determined that Wang took advantage of Li's deep sleep to rob and rape Li, and the factual evidence was solid, so Wang was directly detained.
After Wang was detained, Zhang came to his senses and regretted it a bit. Although Wang had a relationship with Li and betrayed her, after all, Wang was her husband. Now that Wang was detained, the matter would become aggravated. .
Turning around, I hurriedly went to Li to discuss the matter, and wanted her to cancel the report, but at this time Li refused her and did not meet with her again.
Now Zhang panicked and hurriedly looked around for a lawyer, and found Meng Lang here.
After Meng Lang learned about the whole situation of the case, he wondered what to do with the case.He first went to the detention center with Liu Hu and met with Wang.
Xiang Wang learned more about the situation. After learning the details, he came back to discuss with Liu Huqiu and Xuanxiang to study whether this matter constituted a crime of robbery or rape.
Qiu Xuanxiang said: "I don't think it constitutes the crime of robbery and rape, because Li later agreed, and both sides are yours and I agree. How can you say that Wang is robbery?"
But Liu Hu said: "I think it constitutes robbery. Li was sleeping soundly at the time, and Wang ran to her bed and took advantage of her deep sleep to have sex with Li, which obviously violated Li's wishes. It is just Wang's one-sided statement that Li later agreed with him to continue having sexual relations, and at that time the two had already reached a conclusion, and Li had no strength to resist. Her subsequent agreement could only reduce Wang's responsibility, but it could not relieve him of his responsibility. Responsibility, so it should be no problem to determine him to rob and rape."
"Why doesn't Li have the strength to resist? If Li doesn't want to have a relationship with Wang, she can completely refuse after she finds out, and Wang won't be able to continue." Qiu Xuanxiang still insisted on his innocence.
Liu Hu said: "Li is a woman, men have already treated her like that, she can still have the strength to resist? You don't understand women too much, old ball?"
Qiu Xuanxiang blushed when he said this, and muttered: "I don't understand, do you understand? You are single like me."
Liu Hu smiled and said: "Although I am single, it does not mean that I do not understand women. Why don't you ask Lao Lang if this is the case? Lao Lang is someone who has been through this before."
Meng Lang laughed when he heard this, and said, "What are you two doing arguing about this issue? Now you can't believe what Wang and Li say. Think about it, after Wang went to bed, couldn't he really find that Li was not him?" Similarly, did Li sleep so dead that someone entered the house and went to her bed without her noticing? This is too strange. But there is a principle in the criminal law that must Beyond reasonable doubt, if reasonable doubt cannot be ruled out, the case cannot be decided. In this case, can we reasonably suspect that there is a situation of mutual affection between Li and Wang?
Wang went to Li's bed. Could Li wait until Wang had sex with her before he found out that Wang was in the wrong bed?After discovering that Wang went to the wrong bed, what would Li's reaction be?Is it impossible to resist, or is it half-hearted, or as Wang said, beckoning him to continue?Judging from the existing evidence, we cannot draw a unique conclusion. Therefore, this case may be a wrong one, and Wang should be innocent. "
(End of this chapter)
The woman Zhang and the victim Li are best friends, and Li often lives in Zhang's home, while Zhang's husband Wang is often not at home due to work.
One day, Wang was on a business trip and returned home urgently due to an emergency at work. It was already twelve o'clock in the middle of the night when he got home.Zhang left home because his mother was suddenly hospitalized. When Wang came back, only Li lived in Zhang's house.
As the saying goes, a long absence is better than a new marriage. After Wang returned home, he couldn't wait to have sex with his wife.Unexpectedly, he touched the bed where Li was sleeping.
Usually his wife lived in the room where Li lived, so after entering, she was familiar with the way, and had a relationship with Li when she went to bed.
It wasn't until Li was awakened that he realized that it was a done deal, but Wang was startled and stopped in a hurry.
But what Wang didn't expect was that when Li saw clearly that it was him, instead of getting angry, he signaled Wang to continue, so the two continued to linger, as if they were dry wood and fire, and they tossed for more than two hours before falling asleep exhausted .
After Zhang settled down the sick mother, she returned home and found that Wang and Li were sleeping on the same bed, and she was stunned.
She never expected that her best friend would hook up with her husband, so she immediately became furious and grabbed the two of them from the bed.
When Li saw Zhang coming back, he panicked and quickly explained: "It's not my fault, it's your husband who crawled into my bed, I didn't know it at all."
Where Zhang believed it, he wanted to call Li, who hurriedly shouted, "It's your husband who raped me, and it's none of my business."
Hearing this, Zhang pointed to Wang and asked, "Tell me, what's going on?"
Wang hesitated for a while and couldn't speak, sweating on his face. Seeing him like this, Zhang became even angrier, thinking that the two of them must have hooked up behind their backs, and slept until he was not at home. bed.
She turned her head and wanted to argue with Li again. In order to get rid of her accusation, Li began to say firmly: "It was your husband who robbed and raped me. By the time I find out, it will be too late. I will call the police!"
"You want to call the police, okay, you report it, report it now, if it is he who robbed and raped you, arrest him!" Zhang Mou was furious and asked Li Mou to call the police.
After listening to Li, he picked up the phone and really called the police. At this time, Wang seemed to be dazed by fright. When they arrived at Zhang's house after receiving the alarm, the three of them were still sitting there sulking.
The police then summoned Wang and Li to the police station. At this time, Li insisted that Wang raped her and had sex with her without her knowledge, and it was too late when she found out.
According to the law, if a man has a relationship with a woman against the woman's will, that is robbery and rape. Based on what Li said, the police determined that the case was suspected of a criminal offense and immediately opened the case for investigation.
When Wang was questioned by the police, the first half was exactly the same as what Li said, so it was confirmed, but in the second half, Wang defended, and Li agreed at the time.
But Li said that by the time she found out, it was already too late. Although she disagreed, Wang had succeeded and she couldn't resist.
Although there are differences in the two narrations in the second half, the police considered that Li might not be able to resist under the circumstances at that time, so there is no substantial difference between Wang's confession and Li's statement. It was determined that Wang took advantage of Li's deep sleep to rob and rape Li, and the factual evidence was solid, so Wang was directly detained.
After Wang was detained, Zhang came to his senses and regretted it a bit. Although Wang had a relationship with Li and betrayed her, after all, Wang was her husband. Now that Wang was detained, the matter would become aggravated. .
Turning around, I hurriedly went to Li to discuss the matter, and wanted her to cancel the report, but at this time Li refused her and did not meet with her again.
Now Zhang panicked and hurriedly looked around for a lawyer, and found Meng Lang here.
After Meng Lang learned about the whole situation of the case, he wondered what to do with the case.He first went to the detention center with Liu Hu and met with Wang.
Xiang Wang learned more about the situation. After learning the details, he came back to discuss with Liu Huqiu and Xuanxiang to study whether this matter constituted a crime of robbery or rape.
Qiu Xuanxiang said: "I don't think it constitutes the crime of robbery and rape, because Li later agreed, and both sides are yours and I agree. How can you say that Wang is robbery?"
But Liu Hu said: "I think it constitutes robbery. Li was sleeping soundly at the time, and Wang ran to her bed and took advantage of her deep sleep to have sex with Li, which obviously violated Li's wishes. It is just Wang's one-sided statement that Li later agreed with him to continue having sexual relations, and at that time the two had already reached a conclusion, and Li had no strength to resist. Her subsequent agreement could only reduce Wang's responsibility, but it could not relieve him of his responsibility. Responsibility, so it should be no problem to determine him to rob and rape."
"Why doesn't Li have the strength to resist? If Li doesn't want to have a relationship with Wang, she can completely refuse after she finds out, and Wang won't be able to continue." Qiu Xuanxiang still insisted on his innocence.
Liu Hu said: "Li is a woman, men have already treated her like that, she can still have the strength to resist? You don't understand women too much, old ball?"
Qiu Xuanxiang blushed when he said this, and muttered: "I don't understand, do you understand? You are single like me."
Liu Hu smiled and said: "Although I am single, it does not mean that I do not understand women. Why don't you ask Lao Lang if this is the case? Lao Lang is someone who has been through this before."
Meng Lang laughed when he heard this, and said, "What are you two doing arguing about this issue? Now you can't believe what Wang and Li say. Think about it, after Wang went to bed, couldn't he really find that Li was not him?" Similarly, did Li sleep so dead that someone entered the house and went to her bed without her noticing? This is too strange. But there is a principle in the criminal law that must Beyond reasonable doubt, if reasonable doubt cannot be ruled out, the case cannot be decided. In this case, can we reasonably suspect that there is a situation of mutual affection between Li and Wang?
Wang went to Li's bed. Could Li wait until Wang had sex with her before he found out that Wang was in the wrong bed?After discovering that Wang went to the wrong bed, what would Li's reaction be?Is it impossible to resist, or is it half-hearted, or as Wang said, beckoning him to continue?Judging from the existing evidence, we cannot draw a unique conclusion. Therefore, this case may be a wrong one, and Wang should be innocent. "
(End of this chapter)
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