Six months in prison, suspended for one year!
According to the regulations, when there is a possibility of a real sentence, the court is likely to take criminal coercive measures against the private prosecution defendant.
But probation depends on the situation.
"What? Fang Dazhuang, you mean you thought it shouldn't be so serious?" Zhou Yi asked curiously.
Fang Dazhang smiled: "To tell the truth about this case, the other party's crime is certain, but the sentence should not be six months, the sentence is a bit heavy."
"What I thought before was control or detention plus probation."
"And to be honest, in this case, if I were on the other side, it is very likely that the sentence commutation will be successfully defended."
Zhou Yi shook his head and said, "You were so confident when I saw you defending."
"Lawyer, no matter what you think in your heart, you must be very confident, otherwise how can you argue!"
After the judgment came down, Xiang Yuyu expressed that he would appeal!
She thought she was at fault, but she should not have been sentenced, at least not to the point of committing a crime.
And Xiang Yuyu's parents didn't make a fuss, and it seemed that they were planning to go through legal channels to the end.
Then continue the trial, anyway, Zhou Yi is never afraid of waste.
The trial has started, so let’s try one by one. Many people’s problem is not slander, because slander, if someone said something false at the beginning, others don’t know it’s false, and then retweet it, generally it’s not a crime .
But if you know it's fake and retweet it on purpose, then you have a problem.
It sounds as if the subjective consciousness is very strong, and what you say is true is true, and what you say is false is false, but the actual operation is not so simple.
To judge whether the subjective aspect is intentional, there is a whole set of evidentiary standards.
Many of them, dog lovers and big v, were arrested for the crime of insult, scolded to death, and scolded by their ancestors for eighteen generations.
Those who didn't know thought there was some deep hatred.
After Xiang Yuyu's trial, it was Zhang Qi, and Zhang Qi's situation was even more serious.
Although her lawyer was eloquent and tried to defend her in various ways, it was useless, and Fang Da was eloquent.
Whether it's selling miserably or what, if it's wrong, it's wrong.
As a public figure, a celebrity should be more cautious in his words and deeds, rather than insulting others easily in that situation.
Then he didn't come out to defend himself when mobilizing fans to insult him.
Taken together, Zhang Qi was sentenced to eight months in prison and suspended for two years.
With this result, Zhang Qi also recognized it. She pissed off this and that on the Internet, and finally saw her retribution.
Even if they want to make a comeback in the future, it will be impossible, all bad actors must be banned.
Zhou Yi participated in every court trial, whether criminal or civil, and gave the relevant materials to the studio after returning.
Obviously, this time the video is more livery.
It was only because Xiang Yuyu and several other defendants chose to appeal, so the video could not be released until the appeal was over.
The second trial came to the Provincial Intermediate People's Court. In the absence of new evidence, the second trial rarely changed the judgment of the first trial.
Unless the verdict of the first instance was outrageously wrong...
With the fall of the judge's gavel, the result of the second instance was reached, the appeal was rejected, and the original judgment was upheld!
Outside the Intermediate Court of Handong Province, Xiang Jinjun seemed to be a few years older.
Zhang Wei shook his head there and said, "Uncle Xiang, there is really no other way. At least for now, we really can't win this lawsuit."
Xiang Jinjun kept his head down and didn't speak, only his wife kept talking beside him.
Said that her daughter's life was miserable, and said why the other party was so cruel.
Suddenly, Xiang Jinjun raised his head and asked: "Lawyer Zhang, you said that the second trial is over, what else can we do to continue the appeal? You know, I am just such a daughter. If she has a criminal record, it will be really bad in the future. manage."
Some people are extremely taboo about the criminal record, thinking that no one should have a criminal record.
Some people think it doesn't matter. Anyway, it doesn't matter if they don't take the exam or eat at the public house.
Xiang Jinjun didn't do anything by himself, but he still wanted to keep his case clean.
As far as Zhang Wei's thoughts are concerned, it's all like this, anyway, it's a suspended sentence, just be careful and you'll be fine after a year.
But since people ask, they can only say: "If you still feel that the punishment is unfair, then there is another way, go to the procuratorate to file a protest!"
Protesting is the trial supervision procedure of the procuratorate!
This thing is extremely strict. Generally speaking, you should not think about it, unless you have very strict evidence, comply with relevant laws and regulations, and affect the judgment, you will only initiate this procedure.
Otherwise, normally speaking, the second trial is over.
When the client asked, Zhang Wei had to say something. He was a lawyer and had this obligation, and he also had an obligation to explain the matter clearly.
"Uncle Xiang, my suggestion is to say goodbye, it's unnecessary."
It's really unnecessary, after all, it's a suspended sentence, but if the other party really asks to do this, then he will continue to do it.
Anyway, to make money, not shabby.
"After the protest, if it is successful, the relevant case will be retried, and the verdict may be changed at that time."
"Good Lawyer Zhang, then I will leave everything to you. You can apply for us. Anyway, find a way. I should have listened to you in the first place."
Xiang Jinjun regretted it very much.
Then apply, anyway, you won't get pregnant if you try.
…………
Time passed quickly, and the second-instance judgment has come into force.
Zhou Yi's video was also finished, and he dubbed it at home.
"Hello, dear viewers, I am your old friend Ayi, and I never expected to meet you in this way."
"Some people are very clear about things, and some people are not clear, but it doesn't matter, let me sort it out."
After talking about the general things, Zhou Yi began to talk about the results.
The judgment results will be "online", that is, the referee document website, so there is nothing to talk about.
"Originally, I just wanted her to pay for my lamp, but I didn't expect that another little composition expert got myself into it."
"Well, what can people say, a murder caused by a dog?"
While recording a video, the phone rang.
Zhou Yi quickly brought it over. At this time, he would mute the phone, and only a few people's phone would ring.
It looks square.
"What's wrong, Fang Dazhuang?"
"What? The other party's application was successful, the procuratorate filed a protest, and now the case has been sent back for retrial?"
"Hey, what's going on here!"
Fang Dazhuang chuckled: "Do you still remember what I told you before, no, this time the sentence is a little heavier than I expected."
"If the other party finds new evidence and submits it, it may be able to successfully get the procuratorate to protest."
"However, it is not entirely a good thing to send the protest back for retrial. The retrial after the procuratorate's protest does not need to follow the principle of appeal without punishment."
…………
ps: The trial supervision procedure in reality is much more difficult than this. The plot serves, so don’t bring it into reality.
Second, thanks to Brother Nanjo, Brother Shanyue, Sister Shi's eternal god brother, another novice brother, Brother Fat Cat Story, Brother Idiot, Brother Sanmao, Brother Erig, Brother Fenglingzhiguang.
(End of this chapter)
Chapter 3 Seventy
Zhou Yi is naturally aware of the trial supervision procedure, which is what we often call the procuratorate's protest.
The principle of no additional punishment for appeals is also what Fang Dazang once said.
It is very simple. According to the provisions of Article 237 of the Criminal Procedure Law, in the case of appeal by close relatives, legal representatives, defenders, etc., the punishment of the defendant shall not be increased.
The first-instance judgment said that this person was a detainee, so after you appeal, you cannot say that he was sentenced to 20 years in prison.
Then, new evidence was discovered during the trial of the court of second instance, and these new evidences are enough to affect the judgment, what to do, simple, send it back for retrial!
But the procuratorate is different, whether it is before or after the judgment takes effect, you can lodge a protest against the judgment!
It should be noted here that the procuratorate's protest will not be limited to helping you reduce your sentence.
Many people watch too many TV shows or the defendant appeals every year, and then the procuratorate finally protests, and then the court retrials and acquits.
Then I felt that the procuratorate's protest must be a good thing for the defendant.
Of course, the reality is different. The procuratorate’s protests have never been divided into good and bad. As long as there are several situations stipulated in the Criminal Procedure Law in the judgment, they will protest.
If new evidence of the defendant’s crime is discovered and the case is sent back for retrial, then the situation will be different. The principle of no additional punishment for appeals does not apply to the procuratorate’s protest.
Zhou Yi knew about these two contents, but he had never thought about it from this aspect.
Hearing Fang Dazhuang's words now, he immediately became interested.
"Fang Dazhuang, what do you mean... the success of this protest is not necessarily a bad thing for us?" Zhou Yi asked curiously.
Fang Dazhuang said with a smile: "You can't say that, it's just that before letting Xinran investigate the other party's evidence, it turned out that this Miss Xiang has done a lot."
Again, everything done online will basically leave traces.
Not to mention that Xiang Yuyu didn't care about these things at all in the past. If she insulted someone online, she would curse them, and if she fabricated facts to slander others, she would slander her.
Anyway, everyone is online, who knows who is behind the scenes.
After she was filed a private prosecution, she just deleted the things that scolded Zhou Yi before, but all the things she said before are still there.
Zhou Xinran took the investigation order from the court and went to major companies to investigate.
These companies now have a different attitude towards Zhou Yi's investigation than before, and basically fully cooperate.
As long as Zhou Yi comes up with an investigation order, he can investigate as he wants.
After going back and forth, Fang Dazhuang found out that if he really looked into it, Miss Xiang Yuyu had done a lot of evil!
Not to mention, the year before last, an incident broke out on the Internet. At the entrance of a store, there was a father who took his child out.
Then, a stray dog came forward and barked at the child, even aggressively, scaring the child into tears.
Naturally, the father couldn't see it. A father just took the wooden club and started beating the dog.
The dog ran away, and drove the car to chase the dog again, and finally smashed the dog's mouth.
Anyway, when watching the video, I feel that this dog seems very pitiful.
If that's the case, that's all. The incident was photographed and posted on the Internet.
First of all, it was forwarded in the circle of friends, and immediately began to criticize, saying that this father, who was violent in front of a stray dog in front of the child, was only because the stray dog barked at the child a few times.
With such cruel acts, how can the next generation learn to be a "human being"?
These words are actually nothing, after all, even if many normal people watch the video, they will feel a little cruel.
Because people have compassion for the weak.
However, what happened next was a bit unexpected. The father's identity was revealed directly, and then there was an overwhelming cyberbullying.
Dog lovers of all stripes lashed out at the dad as if he had done something outrageous.
Many people asked him to give an explanation, what is the explanation, an apology is definitely not enough, you beat the dog like that, is an apology useful?
And the reason is very simple, no other dog has bitten your child, so why can you beat the dog so cruelly?
Very straightforward logic, looks very familiar.
It's almost like self-defense, you have to be bitten by a dog before you can fight back, and it can't be too cruel...
In short, the Internet was violent, and in the end the father of the child lost money. Who did the money go to? It was divided among the local dog lovers.
As for whether the stray dog got anything, I don't know.
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