Lawyer's character

During the cross-examination process, Fang Yi had no objection to other evidence and only raised objections to the witness testimony. Witness Dong Xia heard from the victim that someone raped her but did not actually see it. Therefore, Fang Yi believed that witness Dong Xia's testimony could not prove the facts of the case and did not accept what he said.

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "The chief judge said.

"...The defendant Hua Xiao pressed the victim Feng Yanyun against the wall of the corridor and forcibly raped her. During the process, the victim pushed him with his hands. Just as the victim Feng Yanyun broke away from the defendant and was about to leave, the defendant again Press him against the wall and force him to have sex with him.

This court believes that the defendant violated the woman's will and forcibly had sex with the woman. His behavior violated Article 236 of the Criminal Law of the People's Republic of China. He should be held criminally responsible for the crime of rape. We recommend that he be sentenced to a fixed term. Five years in prison. complete. "The prosecutor said.

"The defendant defends himself," the presiding judge said.

"At that time, the victim just pushed me lightly. After she broke away from my hands, she did not rush to leave. When I asked to have sex with her again, she did not object. We had sex voluntarily, and I did not commit a crime. Please The court ruled in accordance with the law and gave me justice..." Hua Xiao said.

"The defendant's defender expressed his defense opinion," the presiding judge said.

"Presiding Judge, Judge: The defender believes that in this case, the defendant Hua Xiao did not use violence, threats or other means to force sex with the victim against her will, so the defendant did not commit the crime of rape. The reasons are as follows:

1. In this case, the defendant Hua Xiao did not have sex with the woman against her will.

First, according to the evidence in the case, the safety exit of the nightclub is not closed but open. People often smoke at the stairs or go to the underground parking lot through the safety exit. During the relationship between the defendant and the victim, it is impossible for no one to know if the victim calls for help. It can be seen from this that during the relationship between the two parties, the victim did not call for help.

Second, both the defendant and the victim drank alcohol on the night of the incident. However, according to the surveillance video provided by the prosecutor, when they walked out of the nightclub’s safety exit, their behavior was normal and they did not appear drunk. According to the defendant and the victim, It can be seen from the victim's statement that although the two drank alcohol, they were not drunk.

Third, the defendant and the victim stayed at the corner of the stairs outside the safety exit for about half an hour. Before having sex, the defendant and the victim had intimate actions. Although the victim refused, he did not make any obvious resistance and accepted it afterwards. the defendant’s conduct. It can be seen that the defendant did not force the woman to have sex with the victim against her will.

Fourth, while the two were having sex on their backs, the victim did not express rejection verbally, nor did he beg for mercy, curse, or resist by calling for help. The victim's behavior reflects his inner wishes. Combined with the postures of both parties (back-standing posture), if the victim does not cooperate, it is impossible for the defendant to have sex with him.

2. Calling the police is not the victim’s true wish.

According to the evidence in the case, after the incident, the victim had a mobile phone on him, but he did not call the police immediately. Instead, after returning to the nightclub, his friend Dong Xia called the police after hearing that the victim had been raped. Therefore, the evidence on file cannot prove that calling the police was the victim’s true wish.

In summary, judging from the circumstances of the crime scene, the words, deeds, and postures of the defendant and the victim at the time of the crime, the existing evidence in the case is insufficient to prove that the defendant used violence, threats, and other means to have a relationship with the victim. The defender believed that the defendant and the victim had a voluntary relationship, and the defendant did not commit the crime of rape. complete. "Fang Yi said.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"Regarding the defense of the defendant, we believe that the victim has not yet reached the age of 18, has poor cognitive ability about It was a voluntary act and the defendant committed the crime of rape,” the prosecutor said.

"The defender can respond to the prosecutor's opinions." the presiding judge said.

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

1. The victim was over 17 years old at the time of the crime. Although he was under 18 years old, the existing evidence cannot prove that the victim did not have the ability to distinguish right from wrong and control his own behavior.

2. According to the victim’s statement, he worked in a garment factory and was currently renting a house with his boyfriend. The two were in a cohabiting relationship and had X experience. Therefore, the victim's X cognitive ability cannot be determined to be poor just because the victim is under 18 years old.

The defender believed that the victim understood the consequences of his actions and knew what the defendant was going to do when he took her outside the safety exit. The victim voluntarily had sex with the defendant, and the defendant should not be guilty of rape. complete. "Fang Yi said.

…

"... This case has been reviewed by the collegial panel and a judgment has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

...The evidence provided by the public prosecution agency is not sufficient to prove that the defendant used violence, coercion or other means to make the victim unaware, unable to resist, or afraid to resist, and forcibly had sexual relations with the victim against the victim's will.

The defense opinions put forward by the defendant and defender were adopted by this court. The public prosecution charged the defendant with rape, but there was insufficient evidence and the alleged crime could not be established.

After discussion and decision by the trial committee of this court, in accordance with the provisions of Article 51 and Article 200 (3) of the Criminal Procedure Law of the People's Republic of China, the verdict is as follows: The defendant Hua Xiao is not guilty. "The presiding judge read out the verdict in court.

After hearing the verdict, the defendant Hua Xiao excitedly waved his right fist and gave Fang Yi a look of thanks.

After the criminal judgment is issued, the procuratorate does not file a protest. When the appeal period expires, the criminal judgment becomes effective.

Zhang Jun kept her word. On the day after the court's criminal verdict came into effect, she instructed Aunt Zhang to hand over 200,000 cash to Fang Yi.

In the director's office, Wan Kefa was making tea with a smile, and Fang Yi was sitting opposite him, sipping fragrant tea.

"Lao Wan, your tea doesn't feel right!" Fang Yi took a sip of tea and frowned.