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Chapter 252 I’m not Zhao Rongrong, you got the wrong person(1/3)

More than 3,000 judgments were issued in seven tribunals.

All the defendants, without exception, were found guilty of the crime!

If the circumstances are serious, unrepentant, or there are other serious circumstances, such as for profit, etc., then there is nothing to say.

It is impossible to reduce the sentence, and the sentence must be harsher and more severe.

Some people were so successful that they even received the maximum sentence - three years in prison.

To be honest, it is not an easy thing to receive a three-year prison sentence for defamation.

Those who receive this honor are all extremely evil in nature.

For example, Zhao Rongrong, the instigator of everything, or Du Hongxia, the big V who eats human blood steamed buns.

As for the two hundred and fifty who did not appear in court, without exception, they were all sentenced to real punishment, and among them there were many "lucky ones" who received the honor of being the top three years.

Regardless of the reason, the court summons is served, but you fail to appear in court on time to participate in the lawsuit. This means that you have given up your right to defend yourself, and you will also be considered by the collegial panel to be in contempt of court and have no intention of repenting.

What else is there to say? He must be sentenced severely and severely.

The circumstances of some of these people are not particularly serious. If they appear in court normally and find a decent lawyer to defend themselves, they will probably be able to get a suspended sentence.

But because they did not appear in court, they were sentenced to actual imprisonment.

For example, Lin Meijia, who is currently out of touch...

Most of them received probation.

After all, the crime of defamation itself is not a particularly serious evil crime. It is certainly incomparable to crimes such as intentional homicide, robbery, and rape. The maximum penalty is only three years in prison.

Coupled with the influence of statutory or discretionary mitigating circumstances such as active confession, proactive acceptance of punishment, and sincere apology, it is not too difficult to obtain a suspended sentence.

In addition, regardless of actual punishment or suspended sentence, whether sentenced to a lighter sentence or a stricter sentence, all defendants have one thing in common, that is, they need to pay varying amounts of mental damage compensation to the victim.

The less is three to five hundred, the more is three to fifty thousand.

And need to bear the plaintiff’s litigation costs!

After this lawsuit, Jiang Chen transformed from a poor boy into a millionaire!

"I'm on probation! It's great, great, I don't have to go to jail, thank God, thank my parents..."

"Don't be too happy too early. Probation is not as easy as you think. There are many restrictions."

"It's okay, no matter what, it's better than going to jail. Oh, I won't dare to curse people online no matter what I say in the future. This is too scary."

"I am also on probation. The second sentence is suspended and the fifth sentence is suspended. Lawyer, thank you."

"Why was I sentenced to two years and six months! Is it just because I cursed the other party in court? I won't die even if I curse a few words, so why should I be sentenced to two years and six months!"

"..."

After the defendants received their verdicts, their reactions varied.

Some were happy, some regretted, some cried with joy, and some became angry with shame.

Looking at the defendants who were excited because they had received probation, Jiang Bai slowly shook his head.

They were still happy too early.

Many people may think that probation is good. At least you don’t have to go to jail and you don’t lose your freedom.

But in fact, the life of a probationer is not as easy as imagined, and the so-called "freedom" is also a "freedom" that is strictly restricted.

Article 75 of the Criminal Law clarifies “the regulations that probationers shall abide by”:

(1) Abide by laws, administrative regulations, and obey supervision;

(2) Report their activities in accordance with the regulations of the inspection agency;

(3) Comply with the inspection agency’s regulations on receiving guests;

(4) Leaving the city or county where you live or relocating must be reported to the inspection agency for approval.

Even in some places with strict regulations, probationers are required to wear bracelets with positioning, alarm and other functions. Once they leave the restricted activity area, the bracelet will automatically send an alarm to the local police station or community correction agency.

Article 76 of the Criminal Law stipulates that criminals who have been sentenced to probation shall be subject to community corrections in accordance with the law during the probation period.

Regarding this point, there is also a special "Community Correction Implementation Measures" for detailed explanation and restrictions.

Probation prisoners are required to regularly participate in educational studies, community services and social activities, and there are strict requirements for monthly study time.

You need to accept supervision and management, and regularly report your study, life and work status to the Department F Bureau.

You are not allowed to leave the city, county, district, etc. where you live without permission.

Although probationers do not need to go to jail, the restrictions they are subject to are not much looser than those in jail.

In addition, Article 77 of the Criminal Law also stipulates that if a criminal who has been sentenced to probation violates laws, administrative regulations or the supervision and management regulations on probation of the relevant departments during the probation period, or violates the provisions of the people's court judgment.

If the prohibition order is serious, the suspended sentence shall be revoked and the original sentence shall be implemented.

To put it simply, if you commit more than three violations during the probation period, your probation will be revoked and you will be sent directly to prison.

Some people may think that as long as they pay a little more attention, wouldn't it be illegal?

But in fact, it's not that simple.

The illegal acts mentioned here do not distinguish between the seriousness of the circumstances. As long as the violation is illegal, even if the circumstances are obviously minor, they will be included.

For example: running a red light, riding a bicycle across a zebra crossing, spitting, driving in a school zone and honking the horn, etc.

These are common illegal behaviors in daily life.

Often it happens inadvertently.

If it were an ordinary person, there would not be any serious consequences. At most, they would be criticized by the police, or fined fifty yuan.

But if you're on probation, that's a different story.

Spitting, illegal behavior 1;

Running a red light, illegal act 1;

Illegal parking, violation 1;

Even in public places, if others can scold you, you cannot talk back, otherwise it will still be illegal. 1.

If you are not careful, the illegal behavior will reach 3/3.

The suspended sentence shall be revoked and the original sentence shall be carried out.

This is just illegal behavior.

If someone commits a new crime during this period, he will be considered a repeat offender and will be punished concurrently for several crimes. The suspended sentence will also be revoked, and the prison terms will be stacked and the sentence will be harsher.

All in all, all in all.

Although probation does not require jail time, in many cases it can be even more uncomfortable than jail time.

And the probation period is generally longer than the actual sentence!

Those who are complacent about receiving a suspended sentence obviously do not know what a suspended sentence means to them.

Perhaps only after they report to a community correction institution and receive a series of education and restraint can they have a personal experience.

"Lawyer Zhang! Lawyer Zhang! My second sentence is suspended for three years! Tell me, if I curse the judge when I appeal, will I be able to get the suspended sentence?"

Hearing one of his clients speak like this, Zhang Wei couldn't help but twitch the corners of his mouth twice.

He quickly advised: "You must not act recklessly. I finally helped you get a suspended sentence."

The other party sighed and said: "But I heard that a suspended sentence is more painful than a real sentence. This won't work, and that won't work either."

"If I only need two years in jail, I can still earn a certain amount of remuneration through labor, and I don't have to pay rent, water, or electricity, I might perform well and be released in a year and a half."

"But the suspended sentence is three years..."

"Lawyer Zhang, I would rather go to jail for two years."

The other party didn't seem to have a sudden idea, but came up with such an idea after careful consideration.

But Zhang Wei still didn't advise him to do this.

In fact, there are many ways to revoke probation and go to jail. It is obviously the stupidest thing to scold the judge after such an appeal.

Although the Criminal Procedure Law stipulates that the court of second instance shall not increase the defendant's penalty in cases where the defendant or his legal representative, defender, or close relative appeals - this is often referred to as the "principle of no increase in penalty on appeal."

.

However, if you don't grasp this scale well and accidentally make the crime of "disturbing the order of the court", you may get an extra one or two years in prison.

Then the gains outweigh the losses.

If you want to revoke your suspended sentence, you can intentionally break the law, such as running a red light, and you can go to jail as long as you want to do so more than three times.

This is the safest way.

But as a lawyer, Zhang Wei certainly cannot say these words casually.

He could only advise the parties not to do such stupid things as insulting the judge.


To be continued...
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