Chapter 5 Prepare for the worst and strive for the best
Chapter 5: Make the worst plans in everything and work hard in the best direction!
Author: Snow Yinghong Plum
Chapter 5: Make the worst plans in everything and work hard in the best direction!
"Oh! I was shocked. I thought the couple had been married for so many years and had been committing crimes!" Zhong Bin gently patted his chest and said.
“However, there is another saying in the theoretical and practical circles.
The Marriage Law clearly stipulates that both husband and wife have equal status in the family. This equal relationship of course includes the equality of the rights between husband and wife. That is, when both husband and wife have sex, one party has no right to control and force the other party. Even if one party refuses or does not accept the other party's sexual request from beginning to end, there will be no legal consequences. There are still many marriages without X now. Some people's ideas are still avant-garde and completely spiritual!
Article 236 of the Criminal Law stipulates that rape refers to acts that violate the will of women and use violence, coercion or other means to forcibly have sex with women.
This regulation does not exclude the crime of rape with a wife as the target of rape, so the subject of rape should include the husband." Fang Yi said.
Zhong Bin's little heart ran up again and said with concern: "Lawyer Fang, can we not be so up and down? My little heart can't stand it!
I don’t care how the statement of rape comes from, I just want to know how my brother got in and whether he committed a crime!
Lawyer Fang, please tell me a sure letter, is my brother enough to commit rape?"
"Don't worry! Judging from the case materials you have provided, the facts of this case are very simple, and your brother does not deny the facts.
According to the mainstream view now, during the normal period of marriage, the husband cannot become the subject of rape, which means that no matter how one party has a relationship with the other party, it does not constitute rape.
During the abnormal period of marriage, such as during the divorce lawsuit, both parties have entered the legal process of termination of marriage. Although there is still a marriage relationship between the two parties, it has been in name only, and even beat and scold each other when they meet. This can be presumed that the woman is a negative attitude towards both parties' X behavior, and there is no reason to let both parties bear the obligations between husband and wife.
As a result, the relationship between husband and wife has changed, and the husband can become the subject of rape.
Going back to your brother's case, when the court has ruled to dissolve the marriage relationship between the two parties, the woman, that is, your sister-in-law, has an abnormal marriage relationship with your brother, and just waits for the verdict to take effect to terminate the relationship between the two parties.
In this case, your brother forcibly having sex with your sister-in-law has constituted a marriage rape, that is, a crime of rape." Fang Yi explained.
"Then... I heard from other lawyers that it does not constitute rape! Could it be wrong?" Zhong Bin's eyes were dazed and he was a little confused.
"You can choose to believe them. Of course, the court's law enforcement standards are not completely consistent. If other courts convict, our courts here may not necessarily convict them.
But my brother is yours, not someone else's. I'll give you a suggestion." Fang Yi really wanted to take on this case and open it again.
"What suggestions?" Zhong Bin asked in confusion.
"Be the worst plan in everything and work hard in the best direction! Never do it wrong!" Fang Yi said seriously.
Zhong Bin was stunned for a moment and said, "Thank you, Lawyer Fang, I understand! I will go back and discuss with my family. Will I leave me a phone number?"
The two parties did not reach an entrustment on the same day. After Sun Masayoshi and Fang Yi saw off Lao Zhong's family, they returned to the office. Fang Yi roughly explained the situation of the case.
"Lawyer Fang, sometimes you don't need to be so honest. You will sign the case first. Now that I have told the parties that they are honest, I'm afraid the parties will not come to us again." Son sighed.
"Why?" Fang Yi asked in confusion.
Shouldn't the party come to the law firm to consult, shouldn't you tell the truth to the other party? If you don't tell the truth, the subsequent judgment will be unsatisfactory in the later case, and the party is not allowed to come to the law firm to cause trouble. How can this lie be rectified? Isn't this causing trouble?
"You don't know that when the parties encounter trouble, they are actually thinking about what is beneficial to them. If the lawyer says something similar to what they think, the probability of signing a contract will increase.
If both parties think the opposite, it will be difficult to reach a commission unless you can convince them. Based on my understanding of Lao Zhongtou, this guy used to be the workshop director in the factory and had a straightforward idea. It is difficult to listen to other people's opinions. Moreover, their family has consulted so many lawyers before, so he must have made a decision.
I came to our law firm just to seek comfort and provide cost-effectiveness, which is similar to the bidding feeling.
Forget it! Anyway, it's the case. I guess they will choose a large office in the city, and we may not be able to trust us." Masayoshi Son explained.
Fang Yi nodded silently. Professionally speaking, although he had not done many criminal cases before, those cases basically achieved the expected results. His professional ability is no worse than that of lawyers from well-known law firms in the city.
But in terms of signing a case, he used to cooperate with others, and the signing was not his own. He just resigned from school and was really a rookie in discussing a case.
Even if he is a rookie, he will definitely follow Masayoshi Son's ideas completely, Fang Yi will definitely not do it, because if the lawyer's analysis deviates too much from the actual direction of the case, it will only mean that the lawyer's level is not very good. It is impossible to find compensation in the later stage. Moreover, it is very likely that he will be complained by the parties and then ordered to refund the fee by the Judicial Bureau (although the probability is relatively small). He does not want to cause trouble, nor does he want to overdraw his reputation.
At 8:30 pm, the second elder of the Zhong family and his second son Zhong Bin had a family meeting. Mr. Zhong sat on the sofa with his eyes closed, and his right index finger and ring finger kept tapping rhythmically on the armrest of the sofa.
Zhong Bin understood that this was his father considering the problem. Whenever the old man encountered a big event, he would always subconsciously make such actions.
My wife was on the side and stopped talking, and finally couldn't help asking: "Xiaobin, do you think that lawyer Fang is reliable?"
"I think what Lawyer Fang said is pretty much the same. I have inquired from the side that Lawyer Fang did teach in college before, and he taught criminal law. The few criminal cases he had done in the past have a good reputation." Zhong Bin said.
"Okay, let's do this. Don't believe the lawyer's words. These people make a living by their mouths, and they are very capable of fooling people.
Since Lawyer Fang said that he had encountered such a case, Xiaobin, please call Lawyer Fang and ask him to send the case over to see it. If it is true, we might as well listen to him and make the worst plan!" Mr. Zhong opened his eyes and said lightly.
Chapter completed!