Lawyer's character

As soon as Fang Yi returned to the law firm from the detention center, Zhou Ying ran over.

"Lawyer Fang, I heard that you have taken on another big case. When will the trial start?" Zhou Ying asked with a playful smile.

"The court will be held next Monday, what's going on?" Fang Yi said with a smile.

"Next Monday?! In the afternoon or in the morning?" Zhou Ying took out her mobile phone, opened the calendar and took a look at it and asked, "I want to listen and study."

"In the morning, the court will start at nine o'clock in the morning." Fang Yi said.

"Ah! It's over. Lawyer Song and I have a court hearing in the morning. It would be great if the court session starts in the afternoon." Zhou Ying looked at the calendar and said worriedly.

"There will be opportunities in the future. Participating in one more case or one less case will have little impact on you. How about the corruption case you and Lao Song did?" Fang Yi asked.

"Forget it, the defendant was talking nonsense. We finally reached an agreement with the prosecutor. The defendant pleaded guilty and accepted the punishment and would not appeal. The prosecutor's office also agreed and recommended that the court give a lighter punishment.

But who knew that as soon as the verdict was issued, the defendant immediately turned his back, saying that he did not commit a crime and applied for an appeal. I'm really speechless. "Zhou Ying said.

"What happened next? Did the second instance change the sentence?" Fang Yi asked.

“Well, after the defendant appealed, the procuratorate also filed a protest on the grounds that the court’s sentence was too light, and finally the second-instance court changed the sentence.

The court of first instance found that the defendant was guilty of corruption and sentenced him to five years in prison. The court of second instance held that the facts of the case were OK, but the sentence was inappropriate. The procuratorate's protest was upheld and the sentence was changed to eight years in prison. "Zhou Ying said.

"What happened to the defendant?" Fang Yi asked.

“The defendant felt he was wronged and wanted to apply for a retrial.

Lawyer Song had previously reminded the defendant that the first-instance verdict was already optimal, but the defendant did not listen. This time, it was better, and three more years were given.

I have to say that the defendant is not unjust at all. How much income can he make as a principal? His wife does not earn much as a civil servant in the system. His son has not graduated from college yet, but at this level of income, his family is in the local county. There are three properties in the city, and there are a lot of gold bars at home, so it’s impossible to tell. "Zhou Ying said.

"What did Lawyer Song say? Continue to represent me in the retrial?" Fang Yi asked.

"No, the defendant was dissatisfied with Lawyer Song and found another lawyer. In fact, the defendant's family is quite satisfied with Lawyer Song. But the defendant is too arrogant and no one can be his master." Zhou Ying said.

The Huaxiao rape case finally came to trial. In the fifth trial court of the District Court, Fang Yi sat at the defense table and listened to the prosecutor at the prosecutor's table read out the indictment. Because it was a closed trial, there was no one in the gallery.

"...The defendant Hua Xiao called the victim Feng Yanyun to the corridor outside the nightclub's safety exit. Because people often came in and out, the defendant took the victim to the corner upstairs and forced him to have sex with her...

After the victim Feng Yanyun returned to the nightclub, she told her friend Dong Xia, who was drinking in the nightclub, about the rape. Afterwards, Dong Xia called the police. The defendant was captured by the police that night.

This court believes that the defendant Hua Xiao violated the woman's will and forcibly had sexual relations with underage women. His behavior violated Article 236 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. He will be held criminally responsible for the crime of rape. Request to be sentenced according to law.

Presiding judge, the indictment has been read out. "After the prosecutor read out the indictment, he looked at the presiding judge and said.

"Defendant Hua Xiao, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges against you in the indictment?" The presiding judge is a male judge in his thirties, with a stern face. Look at Hua Xiao in the dock.

"I object. I am not committing the crime of rape. I asked the victim Feng Yanyun for her opinion at that time. She voluntarily went to the stairwell outside the emergency exit with me. I did not use any violence against her. At first we were just relatively close. Later, I only had a relationship with her when I saw that she didn't object..." Hua Xiao said.

"The public prosecutor can interrogate the defendant regarding the criminal facts charged in the indictment," the presiding judge said.

"Defendant Hua Xiao, how did you meet the victim Feng Yanyun?" the prosecutor asked.

"I met her in a nightclub. I came out of the bathroom and accidentally bumped into her. We had never met before," Hua Xiao said.

"Did you drink alcohol on the night of the crime?" the prosecutor asked.

"I drank, but I wasn't drunk. I was quite sober." Hua Xiao said.

"Who suggested going to the stairwell outside the emergency exit?" the prosecutor asked.

"I mentioned it," Hua Xiao said.

"What was your purpose of going outside the security gate?" the prosecutor asked.

"I want to take advantage of her and have sex with her," Hua Xiao said.

"After you left the iron gate of the safety exit, where did you go? What did you do?" the prosecutor asked.

"We went upstairs along the stairs, and I grabbed her at the turn of the stairs..." Hua Xiao repeated what he had said to the public security agency and the procuratorate before.

"Presiding Judge, I'm done asking questions," the prosecutor said.

"Does the defendant's defender want to ask questions to the defendant?" the presiding judge asked.

"Need." After Fang Yi finished speaking, he looked at Hua Xiao in the defendant's seat: "Defendant, what did you see after you walked out of the emergency exit?"

"A few people are smoking and chatting next to the stairs. Occasionally, someone comes out of the nightclub and goes to the underground parking lot." Hua Xiao thought for a moment and asked.

"That means people often come in and out of the safety exits, is that true?" Fang Yi asked.

"Yes." Hua Xiao said.

"When you and the victim went to the corner upstairs, did she walk in front of you or behind you?" Fang Yi asked.

"Behind me, I went up first." Hua Xiao said.

"How long have you been at the turn of the stairs?" Fang Yi asked.

"It was about half an hour, I can't remember clearly." Hua Xiao said.

"Did you seek the victim's opinion before performing intimate actions and intending to have a relationship?" Fang Yi asked.

“I didn’t ask for her opinion at first, and she was a little resistant. Then I stopped, and I asked her why, and she said she was afraid someone would come over.

Later, I told her that there was no one above and no one below would come up. After that, she didn’t nod or object. Hua Xiao said.

"Since you met and had sex, have you ever beaten, abused, threatened or intimidated the victim?" Fang Yi asked.

"No, absolutely not, we are all voluntary." Hua Xiao said.

"Presiding judge, the defender has finished asking questions." Fang Yi asked.

"The following is the presentation and cross-examination of evidence. The prosecutor will present evidence first," the presiding judge said.

"President, the evidence submitted by this court includes screenshots of WeChat chat records, the process of arriving at the case, the testimony of witness Dong Xia, the victim's statement, the defendant's confession, the appraisal opinion of the public security agency, the on-site investigation transcript, and the nightclub surveillance video..."