"Indeed, among so many people, I was the only one who didn't see You Lin crying, and they were the ones crying hard..."
If it weren't for the fact that the relationship between You Lin and I was so good, I might have murmured in my heart if I didn't see her crying after waking up, but the reality is that I can only feel relieved in my heart, thanking You Lin for not causing me more trouble .
On the other hand, Xia Tong and Fang Yiyi are two people who are more difficult to comfort than the other. Yesterday I had an in-depth discussion with her on Xia Tong's mother's problem. In comparison, having a friend like You Lin is really reassuring. Like a roundworm in my stomach, she knows everything she thinks and will never cause me trouble.
"Come on, are you still crying with your eyes red? You didn't see me sleeping soundly in the middle of the night and being woken up by her!"
"You can die if you don't speak?!"
As soon as Tina revealed You Lin's little secret, she was pushed down on the sofa by You Lin, who was so ashamed and angry, and pressed her head tightly with a pillow. If it wasn't for the mediation of her mother in the end, I feel that You Lin would even kill her to silence her. .
"Okay! Stop messing around, what's going on with that brat's case?"
"I read the case on the way here. It is actually quite simple in nature, but what Linlin said is that it is basically impossible or absolutely impossible for Fang Xuan to die."
"why?!"
You Lin and Xia Tong asked this question in unison, Xiaoxi and Tina were also puzzled, now these four people are comrades standing on the same front, and their relationship with Fang Xuan is basically endless, but Fang Yiyi It was the one with the most embarrassing expression.
Everyone present wanted to let Fang Xuan die. Although my mother didn't say it clearly, she was just concerned about Fang Yiyi's emotions. It was a bit difficult to say the word "death" bluntly.
As for Fang Yiyi...
Although her hatred for Fang Xuan comes from the bottom of her heart, "death" is a dividing line. From her point of view, "indefinite period" is definitely a better result than "death penalty". I know this better than anyone else. .
"Simple, because of him!"
???
I looked all the way in the direction of Sister Jing's finger, and finally found that Sister Jing was pointing at my chest. I turned my head and looked behind me to make sure that there was no one behind me in this direction.
"I?"
If my eyes weren't crooked, sister Jing was indeed referring to me, but how is this possible?Now even You Lin can't see it anymore.
"Sister Jing, did you make a mistake? Ye Xi was the one who was stabbed, how could it be because of him? Ye Xi should also wish Fang Xuan to die, right?"
"Um……"
Because of Fang Yiyi's existence, she muttered in a low voice, I really want Fang Xuan to die now, it's impossible to repay my kindness in this matter, but what can I do after sister Jing said so?
"You're taking it for granted. Even if it's killing people to pay for their lives and debts, the prerequisite must be to kill people, right? Ye Xi is living well now, how can he pay for his life?"
"Can……"
You Lin wanted to say something but didn't know what to say. What Sister Jing was talking about now was the perception of most Chinese people, but Fang Yiyi had a different opinion, and her expression was more complicated than anyone else's when she spoke.
"That's not right! Didn't it mean that the criminal suspect should be held criminally responsible for the attempted murder?"
"Where did you hear that?"
Sister Jing frowned, it seemed that the other party Yiyi was a little surprised by her understanding of laws and regulations.
"My dad told me, let me rest assured, Fang Xuan has to bear what he has done..."
After Fang Yiyi finished speaking, the atmosphere in the living room was silent for a few seconds, and finally, under the helplessness of Jing Jie, Fang Yiyi got an unimaginable answer.
"My dad lied to me?!"
conclusive evidence
"That's not true. How can he lie to you under the law?"
"Then why Fang Xuan didn't die?!"
Xia Tong finally couldn't bear it any longer, her tone now was as if Sister Jing wouldn't let Fang Xuan die, her attitude was not polite at all, but there was nothing I could do about it, since the day I woke up, "Let Fang Xuan die Fang Xuan is dead" these words have been hanging on Xia Tong's lips.
Now that I can finally walk normally, Sister Jing, a barrister, has also come. It can be said that everything is ready, but I owe it to the wind. I suddenly know that this "bad news" is really unacceptable for a while.
"Attempted intentional homicide is still to be investigated for the criminal responsibility of criminal suspects as intentional homicide. Your father is right in saying this, but the specific judgment depends on the analysis of the specific circumstances of the case."
"How do you analyze it? This time Ye Xi crawled back from the ghost gate, and he was in a coma for [-] days. If my dad hadn't called for [-] people from the company to come over for the blood transfusion, the blood bank in the hospital would not be enough for him alone. Isn't that enough for the death penalty?"
"It's really not enough...Article 230 of China's "Criminal Law" stipulates that intentional homicide shall be punished with death, life imprisonment, or fixed-term imprisonment of more than ten years; if the circumstances are relatively minor, the sentence shall be fixed-term imprisonment of not less than three years but not more than ten years."
Sister Jing came with such things as laws and regulations. Compared with the anger in Xia Tong's words, Sister Jing is still calmly reasoning with us, and her words also reveal helplessness.
"Because Ye Xi is still alive, it is necessary to add three articles of No. 20 of the Criminal Law. If a crime has already been committed and fails due to reasons other than the criminal's will, it is an attempted crime. For an attempted crime, it can be lighter or mitigated compared with an accomplished crime. Punishment, besides, Fang Xuan is only 16 years old this year..."
"Wait! Isn't it Seventeen?"
Sister Jing said that there is nothing to argue about Fang Xuan's attempted crime. I am still alive is the most powerful proof, but don't joke with me at this age!
I vaguely remember that 14 years old is a dividing line in laws and regulations, 16 years old is a dividing line, and another dividing line.
"I'm seventeen, and Fang Xuan is three months younger than me. He was only born after my mother found out that she was pregnant with a girl."
"Fuck! Isn't that the end? Sister Jing... Is there a big difference between ten and sixty-seven?"
"That's not true. It's just that Article No. 17 of the Criminal Law stipulates that a person who has reached the age of 30 commits a crime and shall bear criminal responsibility. However, a person who has reached the age of [-] but not the age of [-] commits a crime shall be given a lighter or mitigated punishment. Now you As long as you know that Fang Xuan is a minor and it is impossible to punish him normally. Let me put it bluntly, even if he really kills you, I guess it will be indefinite at most. It is better to admit your mistake in the court, and you will be sentenced to [-] to [-] years before you are brought back. Probation is also possible..."
Sister Jing's words were like pouring cold water directly on top of my head. I thought that Fang Xuan would be punished after I finished the knife, but I didn't expect that reality and ideals are so different. Not retribution!
"Now the punishment is reduced for minors, and the punishment for attempted murder is reduced. I estimate that the final sentence should be around five to seven years, and there may be a probation..."
"What? Ye Xi was almost stabbed to death by him, and now he won't be sentenced for ten years? What kind of broken law is this?"
Xia Tong cursed without any scruples about her image, while You Lin and the others fell silent.
At this moment, I can suddenly understand why so many people are clamoring to amend the law on the protection of minors. In the past, they didn’t pay much attention because the fire didn’t burn themselves, but now such vicious cases should not be given a chance.
In the past two years, I have been more impressed by a murder case involving a 12-year-old boy. The reason was that he couldn’t stand his mother’s nagging while smoking and playing with mobile phones during holidays.
The news caused a lot of uproar at the beginning, and I still have the memory of it. Faced with the pain and doubts of his relatives afterwards, the boy seemed nonchalant, admitted that he was wrong but it was not a big mistake, and said, "I didn't kill others. I killed my mother", "There is no way the school won't let me go to school", etc.
I remember the final result was that he was not punished because he was too young. Not only that, he had to be adopted by his relatives, and he had to find a new school for him. How could there be such a reason in this world?
This is not the law on the protection of minors, but the law on the protection of demons. Fang Xuan belongs to this kind of law now, taking advantage of his minors to do whatever he wants.
"The law is a pre-established framework, and we can only act within the framework. Now the objective facts are like this. Fortunately, Fang Xuan is already sixteen years old. If it were someone who hadn't turned fourteen to attack you, He will not even be given criminal punishment, at most he will be ordered to discipline his parents or guardians, and if necessary, the government will take him into custody and rehabilitate him, which is the limit.”
"..."
What Sister Jing said was particularly harsh to the ears of a victim like me, and it should also be particularly harsh to the ears of a family member of a victim like my mother, but no matter how harsh it is, Sister Jing is the one who knows the law the most.
"And the evidence is not particularly favorable to us now, and we may have to discount it for five or seven years."
"There are all witnesses and evidence, so what's the problem?"
I can still understand what Sister Jing said before, but I really can't understand what she said now.
Where there is a problem with the evidence, it is impossible to have a problem, otherwise it should have been exposed after so many days.
"Fang Yiyi's personal evidence is fine, but the problem now is mainly in the physical evidence."
"Physical evidence?!"
"Well... Although both witness and physical evidence are important, and the purpose is to form a chain of evidence when the evidence is indeed sufficient, we generally believe that physical evidence is more important than personal evidence, because physical evidence is more objective, human evidence is more subjective, and physical evidence is more important than witnesses. The stability of the testimonies should be strong. The premise of sentencing is that the facts are clear and the evidence is indeed sufficient. Let me put it harshly now. If there is no physical evidence, even ten personal witnesses are useless. Fang Xuan can definitely say that you are all colluding OK."
"Didn't the police say last time that the knife wound identified by the hospital could not have been stabbed by Ye Xi himself?"
"Yup!"
I knew about this matter after the police left. Luckily, Fang Xuan still had the face to say that I stabbed it myself. If he really didn't take the doctor seriously, can the incision of his own stabbing be the same as someone else's stabbing?Watching a few episodes of TV will not make such a low-level mistake, right?Fang Xuan really put all his heart and soul into "picking up girls"!
"That's true, but there is no camera. What if Fang Xuan killed him and said that this was a trick that you and Fang Yiyi worked together to perform? The three of you were the only ones present at the time. Once it got involved, everyone would If you can’t be a witness, you won’t even know the physical evidence, so it’s really a muddled lawsuit..."
"How is this possible? I stabbed myself like crazy just to frame Fang Xuan!"
"Nothing is impossible. A lawsuit is like this. One party only needs to raise one questionable point. Didn't you do proof questions when you were in school? A thousand proofs are not as effective as one false proof."
Sister Jing's tone was still very calm when she said this, but our group of people has become restless to the extreme, and everyone has no place to vent their pent-up resentment.
Just when I was thinking about how to reply to Sister Jing, You Lin spoke.
"That's not right! Fang Xuan first said that Ye Xi stabbed the wound himself, but later the police found out that it was a lie. Doesn't that make him guilty?"
"Okay! But Fang Xuan can say that he was afraid of making a mistake, and then poured dirty water on you. You have witnesses but there is still no real physical evidence."
???
What Sister Jing is saying now is the knowledge blind spot of our group of ordinary people. In Sister Jing’s mouth, the law that is quite authoritative is like a quarrel between rascals in the market, because there is no conclusive evidence. .
There are so many confessions on TV, how come Fang Xuan has turned into a dead confession?
"That's not right... Sister Jing, didn't you just say that the nature of the matter is very simple?"
"That's right! I'm a little confused by you, Sister Jing."
Sister Jing didn't say she was confident when she first entered the door, but at least she didn't have any bitterness or hatred. Why is it that the more I listen to it, the more it feels wrong now?
"The nature of the matter is very simple, as long as it can be proved that Fang Xuan did it, but the difficulty now is that there is no definite evidence to prove that Fang Xuan did it. And what I just said is only possible, the final ruling The power lies with the judge, and the judge has his own judgment, but this judgment must also be based on evidence."
"I just want you to be mentally prepared. The situation just now was the worst. The better thing is that Fang Xuan has already been convicted, but Fang Xuan insisted that he was only impulsive and not intentional murder. After all, the knife was not his. I bought it on purpose, but Fang Rong prepared kitchen supplies for him when he moved in. This is fatal! If you find another lawyer who spouts lotus flowers, you will end up portraying Fang Xuan as a victim of exam-oriented education or an online game Those who are addicted to it, that's the real big thing turned into a small thing..."
Sister Jing probably didn't realize it herself, but she had already thought up defense methods for Fang Xuan before she knew it.
Fortunately, Sister Jing is on our side. If she were to defend Fang Xuan, I wouldn't be surprised if Fang Xuan got away with it in the end.
"So, Sister Jing, you've said so much now. Is there only one central idea? My personal testimony is not enough. If you want to win without suspense or want Fang Xuan to obey the law, you must have conclusive physical evidence."
Fang Yiyi briefly summed up what Sister Jing said just now, and then got Sister Jing's affirmation.
"Yes! On the way here, the more I read the file, the more I felt a headache. A smart woman can't cook without rice. Now I feel like I'm hitting the cotton with all my strength. After that, I have to make a few more trips to the police station to see if there are any The actual progress, as long as the forensic doctor finds a little bit of clues!"
"Is that so..."
"I'll come over today to say hello to you, and I'll come over again before I find the evidence and go to court."
Sister Jing got up and was about to leave after speaking, but what Fang Yiyi said afterwards shocked everyone.
"No! I know where there is physical evidence..."
Confused
"What did you say? You say it again?!"
"I know where there is physical evidence..."
Faced with Xia Tong's "aggressiveness", Fang Yiyi "has no fear", and calmly repeated what she just said.
But I think Xia Tong didn't deliberately find fault with Fang Yiyi, even if she didn't ask me, she would.
How could Fang Yiyi know where there is physical evidence, I must have misheard somewhere!
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