She is a bit hard to chase as a partner

After the first round of debate, the opinions of both sides have become very clear.The determination of guilt and innocence has always been the most exciting part of the criminal case debate.After both parties have explained their legal views, it is inevitable to finally come to the special point of this case.That is - the victim in this case, just in other incidents, is the identity of a perpetrator.

This court was approved to be broadcast live to the public, so during the debate between the two parties, it was allowed to add some discussion that had nothing to do with the case, but related to social life or law.

The baby-faced prosecutor had already stood up, cleared his throat, and spoke first——

"This case is not a very complicated criminal case in terms of legal requirements, but this case will attract widespread attention from the public because of a problem reflected in this case itself, campus bullying."

"The victims in this case were in the position of a perpetrator in other incidents during their student days or now. Some of the other incidents do not constitute criminal cases, but some may constitute criminal cases. Insult, defamation, and even criminal cases of intentional injury. Some members of the public believe that the defendant in this case actually performed a just act and should not be punished by law.”

"For this view, the public prosecutor can only say that this understanding is one-sided and narrow."

"The reason why the defendant in this case is punished by the law is because she has to take responsibility for her actions. The fundamental behavior is not to make the inappropriate behavior of the perpetrator of his case public, but to blackmail after it is made public. In this case, the public prosecutor believes that the defendant The defrauded amount reached more than 200 million. It was this behavior and the amount that caused the defendant to be punished by law."

"Fairness and justice exist in everyone's heart. The reason why human beings are human is that human society has civilized rules, and human beings can follow these rules. With a sense of justice, the behavior of the perpetrator of the other case and the victim of this case is announced to the public, but it is not for justice, but for her own interests. In plain English, it is for her to make money. During the fact-finding stage of this case , the defendant also admitted that she had not verified or even exaggerated some of the contents of her microblog, just to attract the attention of the public."

"The law does not need this so-called 'justice' behavior, nor does society. If the defendant only exposes the behavior of the victims in the past, then her behavior is legal and even encouraged by the law."

"Fairness and justice should not be used as an excuse for other violations."

"Good and evil are a choice, not a personal character. Once again, I would like to explain one thing to the court and to the media friends here, that is, the defender in this case, lawyer Xing Yunduo, was also the student who bullied the defendant. One of the targets. But today she chose to sit in the position of the defender, not the defendant. The public prosecutor also believes that this is not because she is kind and unprincipled, but because she understands the meaning of the law. "

"One code counts for one code, and one matter counts for one matter. In this case, the defendant has violated the provisions of the law, so she should be responsible for her actions. But the defendant can return the stolen goods in time, reduce the loss, and entrust his defender to tweet Bo, to reduce the social impact, this kind of behavior can also reflect the defendant's intention of repentance. Therefore, the public prosecutor requests the court to reduce the sentence appropriately by referring to the sentencing recommendations of the public prosecutor's previous public indictment."

"At the same time, the public prosecutor wants to remind the public that campus bullying is never a legal vacuum. The crimes involved include insult and defamation, and even illegal detention, extortion and intentional injury. It will not be punished just because the perpetrator is a student. We are not being held accountable. I hope that the children who are being bullied on campus can believe that there is something called the law in the world you live in. I hope that when you are in this predicament, you will go to the various external windows of the public security, procuratorate and law in time to seek the real truth. s help."

"The prosecutor has finished speaking."

From Tang Qian's point of view, she saw her partner raised her eyebrows and turned her toes after Babyface finished speaking.After several years of getting along, she understood the meaning of Xing Yunduo's two actions, and she was happy and excited.Raising eyebrows is happiness, while turning toes is excitement.

Now she is very clear why Xing Yunduo reacted this way - she is happy because the case has been brought to this point, and the only haze left in her heart is swept away by this case rather than other things; the excitement is because the doll The face is really a match for chess, and she feels the excitement in this evenly matched court.

But she still felt displeased. This dissatisfaction was not dissatisfaction with Babyface's professional ability, but dissatisfaction with tearing other people's wounds.Even though she can only be regarded as a small half of legal practitioners, she still feels that you shouldn't have Xing Yunduo's wounds torn open in front of the public.

"Her past has nothing to do with the present, and it has nothing to do with this case." Tang Qian heard her inner voice.

On the other end, her partner has continued to speak, without the excitement or anger of the wound being torn open: "First of all, I am very grateful for the public prosecutor's evaluation of me. Good and evil are a choice. What happened in my student days is true. , the weight of nearly 200 catties at that time was also true, but the story I used to have has nothing to do with this case.”

When she said this, she showed a sweet smile.Then his expression froze, and when he spoke again, his voice returned to Tang Qian's usual coldness——

"I agree with the public prosecutor's opinion that one yard is equal to one yard, and one matter is equal to one matter. I also agree that the reason why human society can reach the present level is because of civilized rules, such as laws. Any illegal act should bear the responsibility The consequences are realized step by step through the law, instead of the strong preying on the weak thousands of years ago, and the leader was killed as soon as he said it. This is one of the rare crystallizations of modern civilization. As a member of the legal community, or as a As a member, I expect and believe better than anyone else that the law has power of its own."

"So to return to this case, it is still the opinion of the defender in the trial just now, the principle of legality of crime."

"There is no criminalization if there is no law, and no punishment if there is no law. The modesty of the criminal law determines that this law, a rule that combines human wisdom, is created but will not expand endlessly, and finally bite back on human beings. Because this is a criminal case, we must strictly follow the provisions of the criminal law to try the case and give the defendant a consequence. And the criminal law must be based on behavior.”

"Thinking is not a crime, but saying or doing it is a crime. A person who wants to kill, if he never tells anyone, including strangers on the Internet, about his dark thoughts throughout his life, if he is After thinking like this for a lifetime but not being known by anyone, then he should not be convicted because of his thinking. Because in life, he has already been convicted. A person who wants to kill someone from the heart will not Anyone who will establish a deep intimate relationship with him and live a lonely life is a life outside the criminal law and a punishment for him."

"This case is the same. The difference lies in the independence between behavior and behavior."

"I hope that the court and everyone in this room understand that there are similarities between people's actions, and there is a relationship between actions and actions. What we are doing today, it is not achieved overnight, but all our past experiences accumulation. I explained in the trial just now that the defendant’s behavior of posting Weibo is an independent act, and her behavior of blackmailing after posting Weibo is another independent act. She needs It is the latter behavior that is responsible."

"All related behaviors cannot be regarded as behaviors that need to be punished by the criminal law."

"There is a causal relationship in a broad sense between all behaviors. Passionate killers use the art knives around them, so shouldn't everyone buy art knives? People with character defects kill innocent people because they are rejected. Should the perpetrator be held responsible? After the defendant’s extortion has been posted on Weibo, should she not be able to post on Weibo again? Does the cause need to be punished? I believe the public prosecutor also understands the answer to this last question.”

"Finally, I want to say to all of you here that the crime is legally prescribed, and doubts are the basic principles or spirit of the criminal law that are beneficial to the defendant, etc. You may become a "criminal suspect" without knowing it, such as being inexplicably stuffed with controlled drugs in your pocket. Criminal cases require the prosecution to rule out all reasonable doubts, so that everyone can live with more peace of mind."

"Crime is closer than we believe, and much closer. What the defender does is not just for the one defendant in front of him, but for all 'possible' defendants, or everyone."

"At the end of this case, let me say something that has nothing to do with the facts of the case. The prosecutor said that he hopes that all victims of school bullying can seek help from the law. From the perspective of someone who has experienced it, I agree with the prosecutor's opinion. When private power overrides the law In fact, what you can get is not the happiness of wish fulfillment, but a deeper black hole. Because from that moment on, you will no longer trust anyone.”

"A place where there is no response is a desperate situation."

"The defender has finished speaking."

After Xing Yunduo's last sentence fell, Tang Qian's feeling of panic became heavier.What the media cares about is the two rounds of speeches made by the prosecution and the defense just now. No matter who they are, they will have too much to write about.But what she cared about was Xing Yunduo's last few words, starting with the phrase "when private power is above the law".

Even though, she had heard the story of Xing Yunduo.Even though, the company he gave Xing Yunduo at that moment was real.But during that period of absolute gloom, she could imagine how much malice and loneliness this person who was calm in court today had received.

She could have become the same person as Tao Tao, or she had more reasons than Tao Tao to choose to be such a person.

But she didn't, the tears and pain she walked all the way.Then she stood in front of herself with a smile, holding Huacai in one hand and said to herself, "Sister, I like you".

Tears fell again, but not for Fang Xun, but for her.

I would like to walk with you in my future.