Font
Large
Medium
Small
Night
Prev Index    Favorite Next

Chapter 336 Cold violence is also a type of domestic violence!

"...Lawyer Luo, this is probably the situation."

"Oh, I gave birth to three unfilial sons. You are laughing."

Zheng Aixia sat back on the hospital bed with a bitter look on her face.

After listening to the client personally describing her experience, Luo Dazhuang had a more intuitive and detailed understanding of the situation.

Since Zheng Aixia's wife passed away eight years ago, her two sons and one daughter have begun to ignore her. They have completely failed to fulfill their responsibilities as children and have not assumed their legal obligations to support their mother.

Not only was there no financial support, but there was also no emotional companionship.

Even every time I called him, my tone and attitude were very bad, and I was even called "old guy" and "old fool".

It's just that everyone and God are outraged.

Even though he had known these situations for a long time, Jiang Bai was still very angry when he heard Zheng Aixia's story again.

But Luo Dazhuang heard something new from it.

The three children have a bad attitude towards Zheng Aixia, which may have reached the level of domestic violence.

Most people's understanding of domestic violence may be limited to physical harm.

But in fact, cold violence is also a type of domestic violence!

"Cold violence" is a kind of mental violence, which is a form of domestic violence that coexists with physical violence and sexual violence.

Although physical violence and sexual violence also include elements of mental violence, they harm the other person's body and then hurt the other person's spirit, while "cold violence" mostly targets the spirit from the beginning.

Liu Zhihua, Liu Zhigang and Liu Ailing used cold violence against their mother. They ignored her all year round and had no companionship. Even when they called her, they had a bad attitude and used harsh words.

This behavior caused serious damage to Zheng Aixia's spirit.

If it can be proven that she suffered from mental problems as a result, it would definitely reach the level of "egregious circumstances" of the crime of abandonment.

"Mrs. Zheng, I understand your situation, but I still want to confirm one thing for you." Luo Dazhuang looked at Zheng Aixia and said seriously: "Have you decided to sue your three children? What if?

If they are found guilty, they will bear criminal responsibility."

A look of pain flashed across Zheng Aixia's face, and she continued: "I've thought about it, these three unfilial sons don't regard me as their mother at all, and they don't care about my life or death at all, so I can only do this!"

"Okay, I'll take this case." Luo Dazhuang nodded heavily.

Then, together with Jiang Bai, they took Zheng Aixia for a mental evaluation.

And asked for more details in the process.

For example, did Liu Zhihua and the three of them engage in any more excessive behavior, such as kicking, beating, and insulting?

Another example is whether Zheng Aixia had any accidents because her three children ignored her, such as a fall, or any sequelae caused by not seeking medical treatment in time.

Zheng Aixia also provided some circumstances, which can be used as side supplements to help prove that the behavior of Liu Zhihua and the others reached the level of "egregious circumstances."

soon.

The results of the psychiatric evaluation came out. Zheng Aixia suffered from moderate depression, and because she was older, the harm caused by the same intensity of depression was also greater.

In the same case of moderate depression, young people may not be able to eat, cannot sleep, and feel no energy or interest in anything they do.

But if you are an elderly person over 70 years old, it may be caused by depression.

Dementia, depression, and delirium are often called the 3D syndrome of the elderly and often occur together.

If the elderly are depressed and do not have contact with others, it may promote the occurrence of dementia or may occur simultaneously.

According to the doctor's test results, Zheng Aixia has been depressed for at least three or four years, and there are signs of gradual worsening.

If things continue like this, it is estimated that symptoms of dementia may appear within a year.

There was nothing to say. After getting the mental evaluation report, Luo Dazhuang sorted out other materials and sent it directly to the procuratorate to report the case.

"Luo Dazhuang,

Why do I feel that these materials are not sufficient? And wouldn’t it be better for us to go directly and report the crime in person?”

Jiang Bai expressed his confusion.

He was worried that doing so would not attract the attention of the prosecutor's office.

Luo Dazhuang said with a smile: "I did it on purpose. I just wanted to get a notice from the procuratorate not to open the case, and then file a private prosecution."

Private prosecution cases include three categories:

1. Cases that are handled only upon notification;

2. Minor criminal cases in which the victim has evidence;

3. Cases in which the victim has evidence proving that the defendant's violation of his or her personal and property rights should be investigated for criminal liability in accordance with the law, but the public security organ or the People's Procuratorate has made a written decision not to pursue the defendant's criminal responsibility.

When Jiang Bai jumped into a river to save a dog, he reported the case as attempted intentional homicide, but the procuratorate finally decided not to prosecute.

Later, the matter was resolved by filing a criminal private prosecution.

The same is true in this case.

Luo Dazhuang deliberately failed to achieve perfection in materials and procedures. He actually hoped that the procuratorate would not open the case.

As long as the procuratorate gives a written decision, he can directly file a criminal private prosecution with the court.

The reason why Luo Dazhuang did this was mainly because of a characteristic of private prosecution cases, that is, as long as the plaintiff withdraws the lawsuit, the defendant will not bear criminal liability.

Of course, he didn't do this to show mercy to those three bastards Liu Zhihua.

But think about Zheng Aixia.

No matter how much the three unfilial sons did, if Zheng Aixia were to take them to court with her own hands, she would definitely find it hard to accept.

In this way, depression may become worse.

The law is never intended to punish.

Instead, punishment is used to serve a "deterrence" purpose, so that people are frightened by the majesty of the law and do not dare to break the law or commit crimes.

As long as this effect is achieved, the role of the law will be reflected.

That's why Luo Dazhuang deliberately "operated" this case into a private prosecution case.

In this way, it is equivalent to giving Liu Zhihua and the others a chance. As long as they change their ways and are willing to support their mother from now on and provide for her mother until the end of her life, the lawsuit can be withdrawn and they will not be held legally responsible.

This result is the best for Zheng Aixia.

After knowing Luo Dazhuang's good intentions, Jiang Bai was deeply touched.

He only wanted to send the three unfilial sons to prison and relieve his anger, thinking that this was the most "just" result.

But ignored Zheng Aixia's feelings.

Now that I think about it carefully, Luo Dazhuang's approach is indeed better and more appropriate.

Things developed exactly as he expected.

On the afternoon of the next day, the procuratorate made a written decision not to prosecute. The reasons were very simple. One was that it would not be harmful to society, and the other was that the materials were insufficient.

Moreover, the procuratorate still hopes that both parties can resolve conflicts within a family peacefully.

At the same time, Luo Dazhuang has begun evidence collection work.

Private prosecution cases are different from public prosecution cases in that the private prosecutor needs to collect evidence by himself. Only when the evidence is complete and sufficient, the court will open the case.

Luo Dazhuang and Jiang Bai were busy for three days.

Asking neighbors, interviewing the community, obtaining call records, financial transactions, etc. between Zheng Aixia and her three children.

After a lot of hard work, the evidence was complete.

Luo Dazhuang and Zheng Aixia walked into the court filing hall, submitted materials, and applied for filing the case.

The next day.

Zheng Aixia received a notice from the court.
Chapter completed!
Prev Index    Favorite Next