Chapter 520 Testimony
Cao Yun said: "The second thing I came to disturb the door today: I am not satisfied with the allegations raised by the prosecution. You only filed an attempted attempt at the wall. In this case, there was actually beating, and intentional injury must have been caused. Although Xiao Ru did not cause minor injuries, their behavior was in line with the intentional injury of others in the Public Security Punishment Regulations. The case occurred in a closed space, and the suspect drove the others out of the door, which was essentially a suspected kidnapping. The crime of insult exists objectively."
In campus bullying cases, many evil people escape punishment, not entirely because of the shelter of minors and education departments, and there are still gaps in the law.
The crime of insult is a criminal case of private prosecution. The subject of the crime of abuse is a family member. In addition, the amulet of a minor, if the victim does not cause minor injuries, even if the mind is greatly damaged, the judicial authorities will be powerless.
For example, those who force others to eat poop and fail to cause harm to the victim's body are suspected of committing insults. The private prosecution is capped for three years, and once the minor amulet is released, there is basically no sentence. The spiritual trauma suffered by the victim does not affect the sentencing, and the sentencing only considers the physical harm suffered by the victim.
Seeing that Jiuwei was puzzled, Cao Yun explained: "Once the intentional injury is confirmed, the other party must compensate Xiaoru for medical expenses, loss of work, nursing expenses, transportation expenses, accommodation expenses, hospitalization food allowances, necessary nutrition expenses, and mental loss expenses. Xiaoru is a student and will be in the college entrance examination next year. At this time, hospitalization will have an extremely huge impact on her future. Don't worry about how I want to sue and claim, just give me a conclusion."
Kyuubu said: "Why are you..."
"Cough." Zhuge Ming's cough reminded.
Kyuuba nodded slowly: "I'm very clear to you that the crime of kidnapping is not valid. Extortion of money or kidnapping as a hostage is considered kidnapping. The crime of insult is not valid, and it does not meet the rigid requirement of "blatant". As for intentional harm, I admit it exists."
Cao Yun did not force it and continued: "The third thing is that although the leader's eldest sister is dead, the crime she deserves to be convicted, so I can claim compensation from their family."
Nine-tailed, Zhuge Ming: “…”
Cao Yun: "What do you think? Drunk driving hit someone else's car, causing others to be injured and he dies. If he dies, he can stop losing money? What should the injured person do?"
Zhuge Ming took a deep breath: "Please say the fourth thing."
Cao Yun: "Wang Bing has a good attitude of confession and has obtained Xiaoru's understanding. The law emphasizes fairness and justice. You can explain the situation to other suspects. Xiaoru is not an unreasonable person, she is indeed bullied. Yes?"
Zhuge Ming read out his meaning and asked: "How much does it cost to get Xiaoru's understanding?"
Cao Yun replied: "This is not a question of money, it is a question of attitude and sincerity."
Zhuge Ming: "If you don't pay, you can get Xiaoru's understanding?"
Cao Yun: "It is possible to get Xiaoru's understanding if you don't give money. As long as you are sincere and have a good attitude, Xiaoru finally forgives Xiaobing. If they can't show more sincerity and more sincere attitude than Xiaobing, I think it's hard to be forgiven by Xiaoru."
Zhuge Ming covered his mouth, but he didn't want to swear. Many people think that the compensation is unfair and think that money can buy the sentence. Zhuge Ming wanted to say to them: That's because you don't know Cao Yun.
For normal forgiveness and compensation, there are 100 million yuan perpetrators who have a wealth of 100 million yuan. According to the case situation and the victim's family situation, it is almost the same as giving hundreds of thousands or a million yuan in understanding. Cao Yun's standard is: If you have 100 million yuan, I want 80 million yuan, otherwise you are not sincere enough and your attitude is not sincere enough. Money is something outside of your body. You can't even bear money, so why talk about sincerity?
Zhuge Ming said: "Cao Yun, I understand. You can concentrate on preparing for Xiaoru's trial. If you want money, you can do it. This is your ability. If you only know how to ask for money, you will lose the lawsuit. I look down on you."
Cao Yun smiled: "Although I don't care whether you value me or not, I won't lose."
Zhuge Ming: "Then we will see you in court."
Cao Yun: "You decided to go to court to be my opponent? Do you think Jiuwei is useless?"
Jiuwei looked at Zhuge Ming. This is her case. You cannot temporarily replace the prosecutor just because there is Cao Yun.
Zhuge Ming understood this truth and said, "No, Jiuwei is the prosecutor in this case."
Cao Yun sighed: "It seems a bit difficult to fight."
Zhuge Ming was angry: "What do you mean?"
Cao Yun: "I mean to be an opponent of Jiuwei, I don't have much confidence. If it were you, Zhuge Ming, hehe, just kill you in vain."
Zhuge Ming laughed furiously: "You don't have to sow discord, I won't fall into your aggression."
Cao Yun: "You admit that it is an aggressive plan, which means that you admit that you are not as good as the Nine Tails."
Zhuge Ming squeezed a little more smile: "I am indeed not as good as the Nine-Tails."
Cao Yun laughed and stood up: "Let's go, two prosecutors, goodbye."
...
Six people bullied, one died, and one asked for forgiveness. The case seemed to be completely reversed. Xiaoru was no longer an illegal gun-shooting person, but became a pure victim.
After hearing about the letter of understanding, the parents of the four children contacted Ye Jiao. Ye Jiao made appointments to meet separately according to the order of telephone calls according to Cao Yun’s explanation.
After the meeting, Cao Yun first explained Wang Bing's sincerity. The subtext was: You can't give less money than Wang Bing's. At the same time, Cao Yun added: "There must be someone severely punished for this matter, otherwise how can you give Xiaoru an explanation, otherwise how can you look at it with the right view?" The subtext was: You will definitely not accept the last person's understanding.
Cao Yun has always said that a good lawyer should speak vainly, but this time Cao Yun's speech is unfathomable. In this way, although Cao Yun will not be caught and hurt his feet, can parents of four children understand the profound meaning?
To answer this question, we must ask in turn: Why did Wang Bing’s parents take the initiative to propose an understanding agreement?
There are always people who can do things that Cao Yun cannot do, such as Hanzi.
A parent and Wang Bing's father were friends and got Hanzi's phone number. After the parents met Hanzi, Hanzi explained: "The easiest thing to reflect sincerity is money." Hanzi talked about a principle of kidnapping. If there are two hostages, the hostages are surplus resources. The kidnappers are likely to coerce their families to remit money by injuring one hostage. There are now four hostages.
Hanzi: "There will definitely be no one who will not be forgiven in this case. So who this person is depends on sincerity."
What? Are you poor? Are you still so bad? Then there is nothing you can do, it’s you. Cao Yun is not a good bird, he has always despised the poor and loved the rich.
A few days later, two parents gained understanding again. Then Ye Jiao said to the other two parents who pleaded with love: "My client will no longer accept the understanding."
...
Although the case is the same, the subjects of the case are different and the cases are tried separately. Since Xiaoru is involved in a large crime and needs a jury, the attempted case of the five accomplices will be tried first.
Two of the defendants were girls. Although they did not have tools for crimes, they were still identified as co-inmates due to legal standards. The five defendants had very equal identities and there was no difference between mastermind and chief criminals. The biggest and only difference was whether their behavior was forgiven by the victims.
Xiaoru testified in court to excuse three of the suspects, saying that she and the suspects reached an agreement of understanding. According to the legal principle of understanding and compensation, their punishment will inevitably be lower than that of the other two.
Finally, the judge ruled that the five people were one of the worst behaviors in the top of the wall: the top of the wall. The round started in ten years, because it was an attempt, coupled with a good attitude of confessing guilt, and was a minor. In the end, the two unforgivable suspects were sentenced to three years in prison. They would serve in the juvenile management office and be transferred to adult prison after they turned 18. The forgiven suspects were sentenced to 500 hours of community labor.
Parents have their own opinions on the result of the ruling in this case, but one of the same views: dog lawyers.
The suspects who were unforgivable were willing to spend money for their children. However, they did not have much money and even knelt down and begged, saying that they had taken out all their belongings and hoped to get Xiaoru's understanding.
Cao Yun expressed his regret for this. Kneeling once is not a gold scroll. He can't take it and kneel and go to the supermarket to shop. If the money is not enough, it is your business. As a judicial officer, you must first be fair. If you give 1 million, you want to enjoy the treatment of 3 million. This is obviously unreasonable.
Parents who have obtained understanding also have a lot of opinions about Cao Yun. Not to mention losing everything, their living standards have declined for at least ten years. There are also some gratitude, at least their children do not have to go to jail and will not leave any evidence.
For seemingly ordinary cases, as long as you get the entry point, you can still make huge profits. The three families contributed a huge amount of 9 million yuan in understanding. Cao Yun sincerely hopes that the three children will not do similar bad things in the future. Their parents are basically bankrupt, and they can only go to jail if they commit the crime again.
The reason why the understanding money is so high is that Cao Yun grasped the lifeblood of the other party, that is, the other party’s most precious thing: a child. From an alternative meaning, Cao Yun is not considered a blackmail, but can be regarded as a kidnapping.
The Supreme Court has the following explanation for the agreement of understanding.
Active compensation is obtained to obtain understanding, and the benchmark sentence is reduced by 40%. Active compensation is not obtained to obtain understanding, and the benchmark sentence is reduced by 30%. No compensation is obtained to obtain understanding, and the benchmark sentence is reduced by 20%.
If the victim or the victim's family expresses his waived civil claims, it is likely to increase the other party's punishment.
This is also a game. The victim lawyer must win a relatively suitable price for the parties. How to calculate the appropriate price? Most lawyers will negotiate the next price with the parties based on the degree of victimization. Lawyers like Cao Yun are a very small number of lawyers. They set the next price according to the other party's ability to compensate and compensation. Although the latter is a dog lawyer, they have made every effort to protect the employer's highest interests.
The result of the forgiveness and compensation made Xiaoru very, very, very happy, and also worried about her case. Cao Yun, a famous lawyer who helped her make a lot of money, told Xiaoru clearly: Her illegal gun crime is difficult to deal with. Cao Yun also explained that he was looking for more clues. If no progress was made, he would suggest Xiaoru to plead guilty.
The lawyer is not a mage, and he wants to abolish Xiaoru's crime of illegal possession of guns. The first method is to prove that Xiaoru was forced to hold a gun illegally, or illegally possessed a firearm without knowing it. The second method is: fight to the death in court. The second method is Cao Yun knew that his chances of victory were not high, the facts were clear, and the evidence was as strong as a mountain.
In response to this case, Cao Yun first asked Yun Yin to intervene in this case and became Xiaoru's civil attorney. Yun Yin will make civil claims against the two criminals who were in jail and the dead criminals. Arrangement of Yun Yin is that others have no time. First, they are in the spirit of being able to calculate a little bit, and second, they are asked Yun Yin to confirm that he is indeed working in a law firm.
The second is investigation, and the most important is investigation. Whether it is a plea of guilt and seeking a light sentence or a desperate battle in court, the source of the gun must be explained.
Suppose Xiaoru's testimony is: I picked up the gun from the trash can. The police cannot prove that the gun was not picked up by Xiaoru in the trash can. According to the law, Xiaoru's testimony can be believed. Now, the more troublesome police have investigated. Although they cannot directly prove that Xiaoru was lying, the credibility of Xiaoru's testimony has been minimized.
Cao Yun repeatedly confirmed Xiaoru's testimony, and Xiaoru was very sure of his statement. In this case, Cao Yun applied for the police to cooperate with the coordinated investigation and only investigate Xiaoru's testimony. This has an advantage, which allows the police to re-confirm Xiaoru's testimony, hoping to find the silk trace. There is a disadvantage that the coordinated investigation will not result in it, and the court will not adopt Xiaoru's testimony. Xiaoru will not be sentenced lightly by pleading guilty, and Cao Yun has no capital to overturn the case in the trial.
...
During the collaborative investigation meeting, Xiao Guo explained the specific situation of security inspection.
There were ten clerks on duty, one manager, three front desk, and six back desk. The front desk ordered orders and prepared meals according to the order. Since there were too many people on that day, I could only wait for the back desk to deliver the meals before the meal was delivered.
The takeaway staff is not an employee of our store, but an employee of the outsourcing company. The five takeaway employees of the shrimp transportation company were responsible for the takeaway on the same day.
After reasoning, Xiao Guo took Xiaoru's truth as the benchmark, and the problem was definitely not about the takeaway employees, because the takeaway employees do not have the operation of putting guns into the whole family bucket. The backend is only responsible for delivering food. They put the food in the insulated box connected to the front and backend, and they cannot access the box of the whole family bucket, and they do not participate in the assembly work.
The biggest suspicion is the manager and three front deskmen. They know where the goods are delivered and have the right to assemble.
Cao Yun asked: "Where was the place where the gun was originally going to be delivered?"
Xiao Guo tapped the computer and came up with ten addresses: "These are all takeaway addresses for the whole family who ordered the chicken wings. I was not sure which address the gun order was delivered to. Through time and testimony, we ruled out three of them, and seven of them were suspicious. I took the agent to visit seven addresses, four of which were companies and three of them were families."
Cao Yun asked: "Who doesn't have children in the address given to the family?"
Xiao Guo: "Cao Yun, the otakus also has the right to take out at 6 o'clock, okay? We interviewed everyone who ordered the order. Let me say that, I haven't been a detective for a long time, but I don't think there is any problem with the seven orders."
Cao Yun nodded slowly: "Give me a copy of all the information, I'll take it back and think about it again. Including everyone's transcripts, surveillance videos, etc., all of them are required."
Cao Yun is sure that Xiaoru has not lie, especially after winning the understanding, if Xiaoru still lies to herself, it is because she has been kicked by a donkey in the head.
Chapter completed!