Chapter 74 Didn’t you say it’s okay?(1/2)
Time goes back to one day ago.
After reporting the crime, Jiang Bai did not go home, but took a taxi to Luo Dazhuang's law firm.
For professional matters, you should seek professional consultation from a professional and ask him to provide professional advice.
There is no doubt that in the field of "punishment and non-punishment", Luo Dazhuang is absolutely professional.
Jiang Bai told the whole story, and then asked Luo Dazhuang: "Luo Dazhuang, do you think this matter should be punished?"
Luo Dazhuang took a sip of green tea and said slowly: "Punishment, no punishment."
"Punishment is punishment, no punishment is no punishment. What does it mean that there is no punishment?" Jiang Bai was puzzled.
Luo Dazhuang said: "Although a case has been filed in your case, it is unlikely that the procuratorate will actually prosecute you for attempted intentional homicide, so I say no punishment."
Jiang Bai quickly asked: "What did the punishment say?"
"hehe……"
Luo Dazhuang smiled calmly and said: "It is reasonable for the procuratorate not to prosecute, but we can file a criminal private prosecution. The punishment is here."
"Criminal private prosecution..." Jiang Bai frowned and asked, "But Luo Dazhuang, isn't the intentional homicide case a public prosecution case? Can this also be a private prosecution?"
"You are a typical 'half-understood' person. You know a little, but not much." Luo Dazhuang explained with a smile:
"According to the provisions of Article 204 of the Criminal Procedure Law, the scope of criminal private prosecution cases can be roughly divided into three categories:"
"The first category is cases that are handled only upon notification."
"Including: cases of insult, defamation, cases of violent interference with freedom of marriage, cases of abuse, and cases of embezzlement."
"The second category, minor criminal cases where the victim has evidence to prove it, refers to cases where the criminal facts are relatively minor and the circumstances are relatively minor, and may be sentenced to fixed-term imprisonment of less than 3 years, as well as lighter punishments such as criminal detention and surveillance."
"Including: intentional injury cases (minor injuries), illegal intrusion into residences, infringement of freedom of communication, bigamy, abandonment, production and sale of counterfeit goods, infringement of intellectual property rights, and cases falling under Chapter 4 and 5 of the Criminal Law
According to the provisions of this chapter, the defendant may be sentenced to a fixed-term imprisonment of not more than three years.”
"The third category is cases in which the victim has evidence proving that the defendant's violation of his personal and property rights should be investigated for criminal responsibility in accordance with the law, but the public security agency or the People's Procuratorate does not pursue the defendant's criminal responsibility."
Luo Dazhuang looked at Jiang Bai and said, "Your case falls into the third category."
"In other words, although the procuratorate has made a written decision not to prosecute, we can definitely file a criminal private prosecution."
After hearing Luo Dazhuang's explanation, Jiang Bai's eyes suddenly brightened.
I see!
Luo Dazhuang is indeed a very cruel man!
Things that were not punishable in the first place can easily become punishing in his hands.
Moreover, things that Jiang Bai couldn't figure out before were now figured out.
After this event was activated, the auxiliary props generated by the system were litigation funds.
However, in public prosecution cases, the victim does not need to bear litigation costs.
Jiang Bai originally couldn't figure out what the litigation funds were for, but now he understood.
The system must have predicted the development of the situation, so it specially provided litigation funds to support Jiang Bai's private prosecution.
so……
Luo Dazhuang guessed it and the system predicted it, but Jiang Bai didn't know...
…
Back to business.
After receiving the notice from the procuratorate that they would not prosecute, Jiang Bai and Luo Dazhuang took action.
It is still the Binjiang District People's Court, and it is still the window for filing cases.
Lin Ran was inside.
Luo Dazhuang and Jiang Bai were outside.
Looking at each other through the window.
Lin Ran blinked, inexplicably having the absurd illusion that he was trapped in a time loop.
This scene is so familiar...
I happened to be watching "The Beginning" recently, and the little girl couldn't help but start thinking wildly.
"Hello, I'll file a case."
At this time, a deep voice pulled Lin Ran back from his thoughts.
"Ah? Oh, hello, Mr. Luo," Lin Ran came to his senses and took the materials handed over by Luo Dazhuang, "This time it is a criminal private prosecution. The charge is...attempted intentional homicide!?"
Lin Ran's mouth opened into an O shape.
Intentional homicide is one of the few most egregious crimes in the criminal law, and is punishable by death, life imprisonment, or fixed-term imprisonment of more than ten years.
This is nothing comparable to the crime of defamation.
Even if it is an attempt, it is still a very heinous crime.
In this case, because the procuratorate refused to prosecute, the victim filed a criminal private prosecution.
This situation is within the specification.
Whether the court will file a case depends largely on whether the plaintiff has sufficient evidence.
If there is evidence, the court can file the case and, if necessary, ask the public security organs to assist in the investigation and supplement the evidence.
If there is no evidence, even if the plaintiff files a private prosecution, the court will reject his request.
These large shapes are naturally clear.
The materials he submitted contained evidence.
This case was no small matter, so Lin Ran and several colleagues began to examine it carefully.
A few minutes later, Lin Ran said: "Teacher Luo, the evidence you submitted is quite sufficient, but whether to file a case requires further review. We will notify you and the plaintiff when the results are available."
"Okay, thank you."
Luo Dazhuang politely thanked him and then left with Jiang Bai.
Lin Ran reported the case to the police.
Soon, the filing center held a meeting regarding this case.
The main thing is to discuss whether to file a case.
"There must be reasons for the procuratorate's decision not to prosecute, and judging from the matter itself, the two girls had no motive for murder and no obvious subjective malice. I think the plaintiff made a fuss out of a molehill.
"
"I have carefully reviewed the evidence and materials. Objectively speaking, it does meet the requirements for attempted intentional homicide. There is no reason not to agree to open the case."
"Although this case is not big, we still have to be cautious."
"The case is handled by the Changhe Subdistrict Police Station. They must know more about the case. I think it's okay to ask for their opinions?"
"..."
The discussion was very intense.
After all, the words suspected of "intentional homicide" have to be carefully considered and thought twice before committing.
This meeting lasted for more than half an hour.
During this period, I also contacted Director Qi of the Changhe Street Police Station.
After comprehensively considering the case, evidence, and the opinions of the police station, Director Cai of the case filing center made a decision.
Agree to file the case!
…
Xiangyun Yayuan.
Liu Yiyi sat cross-legged on the sofa.
Wearing a small yellow suspender on her upper body, her core strength is perfectly displayed.
This capital is no weaker than that of the Pikachu girl in Jiang Bai's former company.
Sitting next to Liu Yiyi was a handsome boy who looked to be in his mid-twenties.
As for the relationship between the two, it is classified as lovers or friends.
To put it more bluntly, it means that the man licks the woman and the woman hangs on the man.
Both of them enjoyed it, one wanted to lick and the other wanted to be licked.
This time Liu Yiyi suffered so much grievance, so naturally she wanted to post it on WeChat Moments for some people to see.
No, as soon as she arrived home, Ou Haochen came to comfort the goddess with her favorite mango mille-feuille.
As for Liu Feifei, she returned to her room very wisely and did not act like a light bulb.
To be continued...